SR 03-09-2021 3F
City Council Report
City Council Meeting: March 9, 2021
Agenda Item: 3.F
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To: Mayor and City Council
From: Lori Gentles, Chief People Officer, Human Resources Department
Subject: Adoption of a Resolution Authorizing the City Manager to Execute
Memoranda of Understanding with the Fire Executive Team Association and
the International Association of Sheet Metal, Air, Rail and Transportation
Workers – Transportation Division, Local 1785
Recommended Action
Staff recommends that the City Council:
1. Adopt the proposed Resolution (Attachment A) accepting the tentative
agreements reached with the Fire Executive Management Association and the
International Association of Sheet Metal, Air, Rail and Transportation Workers –
Transportation Division, Local 1785.
Summary
Negotiations between the City and the Fire Executive Management Association (FEMA)
have resulted in a Tentative Agreement (“TA”) that was ratified by a majority of FEMA
represented employees on February 18, 2021. The City and FEMA have met and
conferred in accordance with the Meyers-Milias Brown Act (MMBA) and have reached a
TA on the terms and conditions of employment for FY 2020 - 2023. Additionally,
negotiations between the City and the International Association of Sheet Metal, Air, Rail
and Transportation Workers – Transportation Division, Local 1785 ("SMART-TD") have
also resulted in a TA that was ratified by a majority of SMART-TD represented
employees on February 4, 2021. The City and SMART-TD have met and conferred in
accordance with the Meyers-Milias Brown Act (MMBA) and have reached a TA on the
terms and conditions of employment for FY 2020 - 2023.
Discussion
Under the Meyers-Milias-Brown Act in California, local public agencies negotiate with
recognized labor organizations on wages, hours, and working conditions. The Fire
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Executive Management Association (“FEMA”) represents the Deputy Fire Chief
classification. The International Association of Sheet Metal, Air, Rail and Transportation
Workers – Transportation Division, Local 1785 ("SMART-TD") represents the Motor
Coach Operator (“MCO”) classification at the Big Blue Bus. The Memorandum of
Understanding (“MOU”) between the City and FEMA, as well as the MOU between the
City and SMART-TD, establishes wages, hours, and other terms and conditions of
employment.
After approximately three months of negotiations, the City and FEMA reached a
tentative agreement regarding the wages, hours, and terms and conditions of
employment for FEMA represented employees. Similarly, after approximately five
months of negotiations, the City and SMART-TD reached a tentative agreement
regarding the wages, hours, and terms and conditions of employment for SMART-TD
represented employees.
COVID-19 created economic uncertainty; and as a result, the City was required to
reduce its expenditures to be able to continue to fund essential services even in the
face of a 25% revenue reduction. As has been reported in previous budget-related
reports, and most recently in the January 26, 2021 Midyear Budget staff report,
economic recovery and accompanying revenue growth will be slow, lagging behind the
national economy as the City contends with the longer term recovery of the severely-
impacted hospitality sector. To lower expenditures in what is anticipated to be the worst
years of the pandemic-related economic crisis, through June 30, 2022, the City
negotiated salary cuts for FEMA represented employees of 2.5% from the June 30,
2020 rate in year one, 1.0% from the June 30, 2020 rate in year two, and returning to
status quo (salaries effective June 30, 2020) in year three. These salary cuts are
consistent with the salary cuts that the Santa Monica Firefighters IAFF Local 1109
(“1109”) represented employees negotiated with the City. Additionally, FEMA
represented employees shall suspend the sick leave cash out program for the term of
the MOU, and in exchange, shall receive 40 hours of cashable sick leave each year of
the MOU. Savings from suspending the sick leave cash-out program are estimated at
$6,040 each year. While the 40 additional hours of cashable sick leave will not result in
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a direct cost to the City for the term of the MOU, due to the suspension of sick leave
cash-out, the annual value is estimated at $10,066. The TA between FEMA and the City
also provides FEMA employees with a parity clause with 1109 regarding salary
increases. Finally, in the event the City wishes to delete a Deputy Fire Chief position
during the term of the MOU, FEMA has agreed to negotiate the dissolution of the FEMA
bargaining unit and the subsequent placement of two FEMA represented employees
into the Executive Pay Plan (EPP). Alternatively, the TA allows for a mutual re-opener
option in March 2022 to negotiate the dissolution of the FEMA bargaining unit and
subsequent placement of FEMA represented employees into EPP, regardless of
whether the City deletes a Deputy Fire Chief position, as well as the continued
suspension of the sick leave cash-out program.
FEMA finalized the ratification voting process on February 18, 2021, approving the
terms of the TA. City staff recommend the Council approve the ratified TA to establish a
successor Agreement between the City and FEMA.
In an effort to assist the City in managing ongoing expenditures, the City and SMART-
TD negotiated no cost of living adjustments for the next two fiscal years. These
adjustments, along with transit-focused federal stimulus money that has been received
by the Big Blue Bus Fund in FY 2020-21 and service reductions, have helped stabilize
the enterprise fund’s finances despite many months of fare suspensions in order to
ensure compliance with social distancing health orders and a dramatic decrease in
ridership. In December 2021, the City and SMART-TD will re-open the contract to
discuss a salary increase effective July 1, 2022. The City guarantees to provide a
minimum of a 1.5% salary increase as a result of these re-opener negotiations.
Additionally, the City will now be able to utilize Part-Time employees as 22% of the
overall MCO workforce, which will provide efficiencies and increased flexibility in route
assignments.
To help ensure long term financial security for our SMART-TD represented employees,
the City agreed to increase the City’s monthly deferred compensation contribution
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amounts by $10 in year one of the MOU and by an additional $5 in year three of the
MOU.
Effective at the next service change in April 2021, to ensure safety standards are
maintained, including cleanliness and sanitation standards, MCOs will be provided an
additional 15 minutes of sign-on time prior to the start of their route to inspect their bus.
This additional inspection time will result in a total of 28 minutes of sign-on time. With
the anticipation of wide-spread vaccine distribution, the additional sign-on time shall be
reduced to 10 minutes effective at the June or Spring 2022 service change. This
additional sign-on time shall cease effective with the August 2022 service change and
revert back to the standard 13-minute sign-on time already provided for in the MOU.
This additional sign-on time shall not be retroactive.
Finally, in the event an MCO is released from jury duty, that MCO shall resume his/her
normal route. The current MOU language places the MCO on a modified schedule
during the week of jury duty.
The SMART-TD finalized the ratification voting process on February 4, 2021, approving
the terms of the TA. City staff recommend the Council approve the ratified TA to
establish a successor Agreement between the City and SMART-TD.
The overall policy of the City has been to maintain competitive wages, hours and
working conditions in a high-cost geographic labor market in order to retain and attract a
high quality workforce to serve our community across a wide range of specialized
services. Since most, though not all, City jobs are most comparable to those in other
(competing) municipal organizations, the City has traditionally looked to full-service
cities in our region of similar size and financial strength for labor market comparisons.
The terms of the Memoranda of Understanding bring the City closer in alignment with
our peer cities while simultaneously preserving a level of benefits that will keep the City
of Santa Monica competitive in a tight labor market.
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The substantive negotiated terms for the Memoranda of Understanding are outlined
below:
Significant Negotiated Changes: FEMA
Term of Agreement: July 1, 2020, through June 30, 2023
Salary:
• Effective Upon Adoption: 2.5% salary cut from June 30, 2020 salary
• Effective July 1, 2021: 1.0% salary cut from June 30, 2020 salary
• Effective July 1, 2022: Return to June 30, 2020 salary
Sick Leave Cash-Out: Suspend sick leave cash-out program for the term of the MOU
Additional Sick Leave: 40 additional hours of cashable sick leave each fiscal year of
the MOU
Me-Too Clause: If the City provides 1109 with a salary increase, FEMA shall receive
the same salary increase.
Reopener Scenarios:
• If the City has not proposed to eliminate a Deputy Fire Chief position by March 1,
2022, either party may re-open the MOU, to only discuss moving FEMA
represented staff to EPP and the continuation of the sick leave cash-out
suspension (including discussion about sick leave cash-out deposited into a
401(a)) and continuation of additional 40 hours of sick leave or;
• In the event the City proposes to delete one of the Deputy Fire Chief positions
during the term of the MOU, the City and FEMA will negotiate the dissolution and
movement of FEMA represented staff into EPP.
Significant Negotiated Changes: SMART-TD
Term of Agreement: July 1, 2020, through June 30, 2023;
Salary:
• Effective July 1, 2020 – No COLA
• Effective July 1, 2021 – No COLA
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• Effective July 1, 2022 – Minimum of 1.5% increase, based on re-opener in
December 2021;
Deferred Compensation:
• July 1, 2020 – Increase monthly City contribution from $50.00 to $60.00,
effective pay period following Council approval, no retroactivity
• July 1, 2021 - No change
• July 1, 2022 – Increase monthly City contribution from $60.00 to $65.00;
Jury Duty: MCOs to return to their normal run once released from jury duty;
Part-Time MCOs: The City may hire up to 22% of part-time MCOs;
Sign-On Time: Effective upon the next service change date (April 2021) after the full
ratification and City Council adoption of this Agreement, the City shall provide an
additional 15 minutes of sign-on time, for a total of 28 minutes of sign on time. Effective
on the June or Spring 2022 service change date, the additional 15 minutes of sign-on
time shall be reduced to 10 minutes of additional sign on time, for a total of 23 minutes
of sign-on time. The additional sign-on time shall cease effective with the August 2022
service change date and shall revert to 13 minutes. No retroactivity;
Re-Opener: The City agrees to reopen the MOU in December 2021 to discuss a salary
increase to become effective July 1, 2022. The minimum salary increase shall be 1.5%.
All other terms and conditions of the MOUs remain in full force and effect.
Financial Impacts and Budget Actions
The net savings to the General Fund for the negotiated FEMA TA for FY 2020-21
through FY 2022-23 is estimated to be approximately $18,000. This savings impact has
been incorporated into the General Fund forecast. The cost to the Big Blue Bus Fund
for the negotiated SMART-TD TA for FY 2020-21 through FY 2022-23 is estimated to
be $1.3 million. While the proposed MOU changes will increase the overall expenses in
the Big Blue Bus Fund, it is projected that the Fund will maintain a positive fund
balance.
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Prepared By: Ericka Reinke, Senior HR Analyst
Approved
Forwarded to Council
Attachments:
A. Attachment A_Proposed Resolution
B. Attachment B_FEMA MOU 2020-2023 Redlined FINAL
C. Attachment C_SMART-TD MOU 2020 - 2023 Redlined FINAL
3.F
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City Council Meeting: March 9, 2021 Santa Monica, California
RESOLUTION NUMBER (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING THE TENTATIVE
AGREEMENTS AND AUTHORIZING THE CITY MANAGER TO
EXECUTE MEMORANDA OF UNDERSTANDING WITH THE FIRE EXECUTIVE MANAGEMENT ASSOCIATION AND THE INTERNATIONAL ASSOCIATION OF SHEET METAL, AIR, RAIL AND TRANSPORTATION WORKERS – TRANSPORTATION DIVISION,
LOCAL 1785
WHEREAS, authorized representatives of the City administration, the Fire
Executive Management Association (“FEMA”), and the International Association of Sheet
Metal, Air, Rail and Transportation Workers – Transportation Division, Local
1785 ("SMART-TD") have met and conferred in accordance with the Meyers-Milias Brown
Act (MMBA), codified at Government Code Section 3500 et seq., and have reached
agreement on wages, hours, and other terms and conditions of employment; and
WHEREAS, in accordance with Government Code Section 3505.1, on March 9,
2021, the tentative agreements reached between authorized representatives of the City
administration and FEMA and SMART-TD, were presented to the City Council of the City
of Santa Monica for consideration; and
WHEREAS, Government Code Section 3505.1 requires preparation of a written Memorandum of Understanding between the City and the employee organization if a tentative agreement is reached and adopted by the City Council;
3.F.a
Packet Pg. 84 Attachment: Attachment A_Proposed Resolution (4464 : FEMA and SMART-TD MOU's)
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Santa Monica hereby accepts and
approves the tentative agreement that has been reached between authorized
representatives of the City administration and the Fire Executive Management
Association (FEMA) establishing the terms and conditions of employment and authorizes
the City Manager to execute a Memorandum of Understanding with the Fire Executive
Management Association (FY2020-2023) in accordance with this agreement.
SECTION 2. The City Council of the City of Santa Monica hereby accepts and
approves the tentative agreement that has been reached between authorized
representatives of the City administration and the International Association of Sheet
Metal, Air, Rail and Transportation Workers – Transportation Division, Local
1785 ("SMART-TD"), establishing the terms and conditions of employment and
authorizes the City Manager to execute a Memorandum of Understanding with the
International Association of Sheet Metal, Air, Rail and Transportation Workers –
Transportation Division, Local 1785 (FY2020-2023), in accordance with this agreement.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
GEORGE S. CARDONA Interim City Attorney
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Packet Pg. 85 Attachment: Attachment A_Proposed Resolution (4464 : FEMA and SMART-TD MOU's)
Contract No. 10607 CCS
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF SANTA MONICA, CALIFORNIA
AND
FIRE EXECUTIVE MANAGEMENT ASSOCIATION
202017-20230
3.F.b
Packet Pg. 86 Attachment: Attachment B_FEMA MOU 2020-2023 Redlined FINAL [Revision 1] (4464 : FEMA and SMART-TD MOU's)
TABLE OF CONTENTS
ARTICLE I. GENERAL PROVISIONS ........................................................................................................... 1
1.01 Parties to Memorandum .......................................................................................................... 1
1.02 Purpose .............................................................................................................................................. 1
1.03 Term of Agreement .................................................................................................................... 1
1.04 Union Recognition, Responsibilities, and Rights .......................................................... 2
1.05 Full Understanding, Modification, and Waiver ......................................................... 32
1.06 Management Rights ............................................................................................................... 32
1.07 Peaceful Performance of City Services ...................................................................... 43
1.08 Validity of Memorandum of Understanding ............................................................. 43
1.09 Equal Employment and Non-Discrimination ............................................................ 54
1.10 Definitions...................................................................................................................................... 54
1.11 Overpayment Remedy ......................................................................................................... 75
1.12 Payments at Termination .................................................................................................... 75
ARTICLE II. COMPENSATION................................................................................................................... 87
2.01 Effective Date of Pay Increase ......................................................................................... 87
2.02 Salaries ........................................................................................................................................... 87
2.03 Work Hours and Overtime .................................................................................................. 87
2.04 Acting Pay ..................................................................................................................................... 98
2.05 Educational Incentive............................................................................................................. 98
2.06 Y-Rating ......................................................................................................................................... 119
2.07 Tuition Reimbursement......................................................................................................... 119
2.08 Professional Development Program .......................................................................... 1310
2.09 Professional Dues ................................................................................................................... 1311
ARTICLE III. SUPPLEMENTAL BENEFITS ........................................................................................... 1412
3.01 Health Insurance .................................................................................................................... 1412
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Packet Pg. 87 Attachment: Attachment B_FEMA MOU 2020-2023 Redlined FINAL [Revision 1] (4464 : FEMA and SMART-TD MOU's)
3.02 Retirement ................................................................................................................................. 1917
3.03 Uniform Allowance ............................................................................................................... 2119
3.04 Sick Leave Buy Back Program ...................................................................................... 2219
3.05 Deferred Compensation ................................................................................................ 2522
3.06 Mileage Reimbursement ................................................................................................ 2522
3.07 Vacation Cash-Out ........................................................................................................... 2522
ARTICLE IV. LEAVES ................................................................................................................................ 2724
4.01 Paid Holidays ......................................................................................................................... 2724
4.02 Vacation ................................................................................................................................... 2724
4.03 Sick Leave ............................................................................................................................... 2825
4.04 Leave of Absence Without Pay .................................................................................. 2925
4.05 Jury Duty .................................................................................................................................. 2925
4.06 Military Leave ........................................................................................................................ 3026
4.07 Workers' Compensation Leave ................................................................................. 3026
4.08 Bereavement Leave ......................................................................................................... 3026
4.09 Parental Leave ..................................................................................................................... 3026
4.10 Family Leave ........................................................................................................................... 3127
4.11 Personal Leave ...................................................................................................................... 3127
ARTICLE V. WORKING CONDITIONS ........................................................................................... 3228
5.01 Safety ........................................................................................................................................ 3228
5.02 Effect of Job Performance on Salary ...................................................................... 3228
5.03 Washing Machines ............................................................................................................ 3329
5.04 Wellness ................................................................................................................................... 3329
5.05 Entitlement To Use Of Department Vehicle ........................................................ 3329
5.06 Employee Parking .............................................................................................................. 3429
ARTICLE VI. EMPLOYER/EMPLOYEE RELATIONS .................................................................... 3631
6.01 Payroll Deductions ............................................................................................................... 3631
6.02 Reasonable Notice .............................................................................................................. 3631
3.F.b
Packet Pg. 88 Attachment: Attachment B_FEMA MOU 2020-2023 Redlined FINAL [Revision 1] (4464 : FEMA and SMART-TD MOU's)
6.03 Grievance/Complaint Policy ......................................................................................... 3631
6.04 Disability Retirement Dispute Resolution Procedure ..................................... 3833
6.05 Performance Evaluation Appeal Procedure ...................................................... 4034
6.06. Disciplinary Appeals .......................................................................................................... 4336
6.07 Reopener ................................................................................................................................. 4336
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Packet Pg. 89 Attachment: Attachment B_FEMA MOU 2020-2023 Redlined FINAL [Revision 1] (4464 : FEMA and SMART-TD MOU's)
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MEMORANDUM OF UNDERSTANDING
FIRE EXECUTIVE MANAGEMENT ASSOCIATION
CITY OF SANTA MONICA
ARTICLE I. GENERAL PROVISIONS
1.01 Parties to Memorandum
This Memorandum of Understanding (“MOU” or “Agreement”) is made
and entered into by and between the City of Santa Monica (the "City")
and the Santa Monica Fire Executive Management Association (“FEMA”),
in accordance with Government Code 3500 et seq. This MOU covers
these employees in the classification listed in Section 1.04 below.
1.02 Purpose
The parties agree that the purpose of this MOU is: to promote and provide
harmonious relations, cooperation and understanding between the City
and the employees covered herein; to provide an orderly and equitable
means of resolving differences that may arise under this MOU, and to set
forth the full agreements of the parties reached as a result of meeting
and conferring in good faith regarding matters within the scope of
representation for employees represented by FEMA.
1.03 Term of Agreement
This MOU is effective as of July 1, 202017, and remains in full force and effect
until June 30, 20230. This Agreement will be renewed on a year-to-year
basis thereafter unless either party provides written notification to the
other by March 1st of the desire to terminate or modify the agreement. Both
parties agree to make every effort to schedule the first meeting no later
than April 1st, with a signed contract desired by July 1st.
During the term of this Agreement, in the event a budgeted Deputy Chief
position is deleted, FEMA and the City will meet and confer about the
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dissolution of FEMA and the subsequent transition to the wages, terms and
conditions of employment outlined in the Executive Pay Plan for the
remaining Deputy Chief position.
In the event a Deputy Chief position is not deleted prior to March 1, 2022,
either party may request to meet and confer in good faith regarding the
deletion of a budgeted Deputy Chief position and the dissolution of FEMA
and the subsequent transition of the remaining Deputy Chief’s wages, hours
and other terms and conditions of employment outlined in the Executive
Pay Plan. The parties will also discuss the status of the Sick Leave Cash-
oOut suspension, including the continuation of the additional 40 hours of
sick leave each fiscal year. The parties must notify each other of their intent
to exercise this option no earlier than March 1, 2022, and no later than March
15, 2022. Negotiations resulting from the re-opener option shall commence
no earlier than March 30, 2022, unless both parties agree to an earlier date.
If the Agreement is renewed by mutual agreement of the parties all terms
and conditions of the MOU shall remain in full force and effect except that
employees represented by FEMA shall receive a general salary increase
equal to the highest salary increase received by Local 1109. any other
City bargaining unit during the renewal period.
For the purpose of this provision an equity adjustment granted to a
specific job classification represented by a bargaining unit shall not be
considered a general salary increase (also known as a cost of living
adjustment) for that bargaining unit. Salary adjustments implemented
for employees in a bargaining unit that represents a single job
classification are considered to be equity adjustments.
1.04 Union Recognition, Responsibilities, and Rights
A. Recognition - The City recognizes FEMA as the Recognized Employee
Organization for the Unit of Representation consisting of employees in
the following job classification:
Deputy Fire Chief
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Packet Pg. 91 Attachment: Attachment B_FEMA MOU 2020-2023 Redlined FINAL [Revision 1] (4464 : FEMA and SMART-TD MOU's)
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It is the mutual understanding of the parties that acknowledgment of
FEMA as the recognized employee organization:
(1) Does not preclude employees it represents from representing
themselves individually in their employment relations with the
City.
(2) Does not preclude or restrict the right of management officials
to meet and consult with employees it represents concerning
their employment relations with the City.
B. Duty of Representation - FEMA agrees and shall assume its
responsibilities as the recognized designated representative to
represent all unit employees without discrimination, interference,
restraint, or coercion.
C. Scope of Representation - The scope of representation of FEMA as the
Recognized Employee Organization shall be in accordance with the
applicable laws, statutes and ordinances of the State of California and
the City of Santa Monica.
1.05 Full Understanding, Modification, and Waiver
The parties agree that each has had full and unrestricted right and
opportunity to make, advance, and discuss all matters properly within the
scope of representation. This MOU constitutes the full and complete
agreement of the parties. Each party, for the term of this MOU, specifically
waives the right to demand or petition for changes herein; however, both
parties may mutually agree to meet and confer over items and issues
contained herein.
1.06 Management Rights
The City retains all rights not specifically delegated by this Agreement,
including, but not limited to the exclusive right to:
direct, supervise, hire, promote, suspend, discipline, discharge, transfer,
assign, schedule, and retain employees;
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Packet Pg. 92 Attachment: Attachment B_FEMA MOU 2020-2023 Redlined FINAL [Revision 1] (4464 : FEMA and SMART-TD MOU's)
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relieve employees from duties because of lack of work or funds, or under
conditions where continued work would be inefficient or nonproductive;
determine services to be rendered, operations to be performed,
utilization of technology, and overall budgetary matters;
determine the appropriate job classifications and personnel by which
government operations are to be conducted;
determine the overall mission of the unit of government;
maintain and improve the efficiency and effectiveness of government
operations;
take any necessary actions to carry out the mission of an agency in
situations of emergency; and
take whatever other actions may be necessary to carry out the wishes
of the public not otherwise specified above or by collective agreement
and perform all other functions not specifically made subject to the meet
and confer process elsewhere in this MOU.
1.07 Peaceful Performance of City Services
It is mutually understood that during the term of this Agreement, neither the
City nor FEMA will participate in, encourage, assist or condone any strike,
concerted work stoppage, cessation of work, slow down, sit down, stay
away, or any other form of interference with or limitation of the peaceful
performance of City services. In the event of any such action, the City may
take disciplinary action and has available to it any and all remedies provided
by law. And, the City agrees not to lock out employees represented by
FEMA.
1.08 Validity of Memorandum of Understanding
If any provision of this MOU is determined to be invalid or illegal by a court of
competent jurisdiction, then such provision shall be severed from this MOU,
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but the remainder hereof shall remain in full force and effect. The parties
hereto shall immediately commence to, in good faith, negotiate for the
purpose of replacing any such invalid or illegal provision.
Should any change be made in any federal or state law, or in any rules and
regulations implementing such legislation, or in any City Charter provision
which would be applicable and contrary to any provision herein contained,
then such provision of this MOU shall be automatically terminated, but the
remainder of this MOU shall remain in full force and effect. Such legislation
and rules and regulations shall supersede this MOU and applicable clauses
shall be substituted for those ruled invalid or illegal. The parties hereto shall
immediately commence to negotiate for the purpose of replacing any such
invalid or illegal provision. Notwithstanding the foregoing, the parties agree
to make no change in wages, benefits, accumulation of sick leave or
vacation during the term of this MOU, other than those specified in this MOU.
1.09 Equal Employment and Non-Discrimination
FEMA and the City agree to adhere to the workplace policies set forth in the
City of Santa Monica Administrative Instructions regarding anti-
discrimination and anti-harassment as well as applicable federal and state
anti-discrimination and equal employment opportunity laws.
Employees shall not be subject to intimidation, retaliation, coercion, or
discrimination for exercising their legitimate rights under these policies.
1.10 Definitions
The following definitions are to be applied in the interpretation of this MOU:
A. "Salary Range" means the normal five-step (1 through 5) hourly or
monthly pay scale (and the bi-weekly equivalent) assigned to each
employment position represented by FEMA.
B. "Salary Range Steps 1 through 5" means and is established to bear the
following percentage relationship to Salary Range Step 5 computed to
the nearest dollar, with attainment based upon the following amounts
of service in the position:
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Step 1 - 81% of Step 5 - During first year of employment
Step 2 - 85% of Step 5 - During second year of employment
Step 3 - 90% of Step 5 - During third year of employment
Step 4 - 95% of Step 5 - During fourth year of employment
Step 5 - After fourth year of employment
C. "Nearest Dollar" means the next lower dollar in a monthly rate when the
computed amount is $0.49 or less and the next higher dollar when the
computed amount is $0.50 or more.
D. "Date of Entrance Anniversary" means the date that recurs annually
after the date of entry into a position in the classified service of the City,
either by original employment, re-employment or promotion. The date
of entrance for employees with broken service shall be considered as
that date on which the last unbroken service was effective.
E. "Satisfactory Service" means the attainment of an Overall
Performance Rating of not less than "Meets Overall Standards" on the
performance evaluation immediately preceding the employee's date
of entrance anniversary.
F. "Hours of Work" means the established hours of work for represented
employees. Represented employees shall work no less than 40 hours a
week on a schedule convenient to the department and approved by
the Department Head.
G. "Pay Status" includes regularly assigned work hours actually
performed. Pay status also includes pay for time not worked, such as
sick leave (including bereavement leave), vacation, holidays,
compensatory time off, jury duty, workers' compensation leave, and
military leave.
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Packet Pg. 95 Attachment: Attachment B_FEMA MOU 2020-2023 Redlined FINAL [Revision 1] (4464 : FEMA and SMART-TD MOU's)
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1.11 Overpayment Remedy
Permanent employees covered herein shall reimburse the City for any
overpayment of wages or benefits. Said reimbursement shall not be
required until the City notifies the affected employee in writing.
Reimbursement may be accomplished by a lump-sum deduction made on
the next subsequent employee payroll warrant following overpayment
notification, or by other reasonable repayment method mutually
acceptable to the employee and the City, except that lump-sum deduction
shall be required if the following employee payroll warrant is the final or
termination warrant issued to the affected employee.
1.12 Payments at Termination
When permanent employees covered herein leave the service of the City,
the employee will be entitled to lump sum payoff of vacation days, unused
compensatory time, and unused deferred holidays, as defined in Section
4.01 of this Agreement. No claim shall be made against the City for the use
or payoff of unused sick leave, nor shall the effective date of termination be
extended by use of compensatory time, sick leave, vacation or personal
leave days.
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Packet Pg. 96 Attachment: Attachment B_FEMA MOU 2020-2023 Redlined FINAL [Revision 1] (4464 : FEMA and SMART-TD MOU's)
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ARTICLE II. COMPENSATION
2.01 Effective Date of Pay Increase
Changes in salary and related benefits for promotions, demotions, and
acting pay changes shall become effective on the actual effective date of
the action. All other salary and related benefit changes shall be effective on
the first day of the pay period closest to the actual effective date of the
action.
2.02 Salaries
There will be no salary increases during the term of this aAgreement. for
fiscal year 2017-2018. Effective August 1, 2017 the classification of Deputy
Chief 6.75% of base salary.
Base salaries of represented employees shall be reduced according to
following:
(1) Effective at the beginning of the first pay period following approval of the
resultingthis MOU by the City Council, the base salaries of all represented
employees shall be reduced by 2.5%. This reduction shall automatically
expire on June 30, 2021.
(2) Effective July 1, 2021, following the expiration of the salary reduction set
forth in subparagraph (1) above, the base salaries of all represented
employees shall be reduced by 1% of the base salaries in effect as of
June 30, 2020. This reduction shall automatically expire on June 30,
2022.
(3) Effective as of July 1, 2022, following the expiration of the salary
reduction set forth in subparagraph (2) above, the base salaries of all
represented employees shall revert to the base salaries that were in
effect as of June 30, 2020. Effective July 1, 2018, the Step 5 salaries of
employees covered herein shall be increased by 2.5%.
A. Effective July 1, 2019, the step 5 salaries of employees covered herein
shall be increased by 2.5%.
2.03 Work Hours and Overtime
3.F.b
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Represented employees are exempt employees under the Fair Labor
Standards Act. As such, in addition to performing work during normal
business hours of the City, they devote whatever time is necessary to
accomplish the work of their offices without eligibility to accrue
compensatory time or to be paid overtime compensation. As a result, these
employees will not have to account for their work time on an hourly basis
and will only need to account for each full day of absence that occurs on a
regularly scheduled work day.
Employees are expected to work full-time, with full-time being defined as a
minimum of 80 hours per payroll period. Regardless of their exempt status,
employees will need to account for absences based on the work schedule
established for the employee’s work unit.
Where operationally possible, the Department may allow, with approval of
the Fire Chief, an employee to “flex” his/her full-time work schedule if
he/she is required to work unscheduled hours either during the employee’s
work week or on the employee’s regularly scheduled day(s) off. Flextime is
a scheduling arrangement that permits variations in an employee’s starting
and departure times or days worked, but does not change the overall total
number of hours accounted for in a fiscal year. Employees are expected to
coordinate flextime use with the Fire Chief.
2.04 Acting Pay
Whenever an employee covered hereunder is appointed in an acting
capacity to the position of Fire Chief due to a permanent vacancy in the Fire
Chief position, the employee shall be placed at the salary step of the Fire
Chief classification which will result in a salary increase of at least 5% above
the employee's current salary.
2.05 Educational Incentive
An educational incentive bonus is paid to all employees covered hereunder
as follows:
A. An employee shall be paid an amount equal to 2.9% of the 5th step
base salary of a Firefighter per month as an educational incentive
3.F.b
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bonus for attaining a certification by the California State Fire Marshal
as a Fire Officer or Prevention Officer Ill.
B. An employee shall be paid an amount equal to 5% of the 5th step base
salary of a Firefighter per month as an educational incentive bonus for
attaining an A.A. or A.S. degree from an accredited college or university
which includes at least 18 units in fire science.
C. An employee shall be paid an amount equal to 4.7% of the 5th step
base salary of a Firefighter per month as an educational incentive
bonus for the completion of satisfactory course work as follows:
(1) Certification as a Fire Officer plus completion of 18 units of upper
division management courses either from an accredited college
or university or through the State Fire Marshal program plus
completion of nine years of service with the Santa Monica Fire
Department, or
D. An employee shall be paid an amount equal to 5.4% of the 5th step
base salary of a Firefighter per month as an educational incentive
bonus for attaining certifications as follows:
(1) Certification by the California State Fire Marshal as a Chief
Officer; or
(2) Certification by the California State Fire Marshal as a Fire
Marshal with both an Investigator I and Investigator II
certification.
E. An employee shall be paid an amount equal to 5% of base salary per
month as an educational incentive bonus for earning a Bachelor’s
degree from an accredited college or university which includes at least
36 units in fire science.
F. An employee shall be paid an amount equal to 7% of base salary per
month as an educational incentive bonus for earning a Master’s
degree from an accredited college or university which includes at least
3.F.b
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36 units in fire science.
G. Application for the educational incentive for either first-time eligibles
or those who become eligible for a higher level of educational
incentive, accompanied by either a report card, transcript, or
certificate of completion by the issuing agency, may be made only
after all the required course work has been completed and shall be
made effective with the first payroll period following the date on which
the required documentation has been submitted to the Human
Resources Department.
H. The Human Resources Department shall administer the educational
incentive benefit described herein. The Human Resources Director, or
his/her designee, shall make the final determination as to whether or
not an employee covered by this provision qualifies for educational
incentive and, if said employee qualifies, the level of educational
incentive to be received by that employee.
2.06 Y-Rating
When a personnel action, e.g., demotion due to reorganization or
reclassification, results in the lowering of the incumbent employee's salary
range, the incumbent employee's salary may be Y-rated. "Y-rated" means
the maintenance of the incumbent employee's salary rate at the level
effective the day preceding the effective date of the personnel action
placing the employee in a lower salary range. The employee's salary shall
remain at such level until the salary range of the new classification equals or
exceeds the Y-rate salary.
The provisions of this Section do not apply to a demotion in lieu of a layoff.
2.07 Tuition Reimbursement
The City will reimburse each represented employee for the cost of tuition,
required study materials, and expenses for career improvement or job
enhancement courses approved by the Fire Chief and subject to appeal to
and approval of the Director of Human Resources or his/her designee.
Reimbursement shall equal the total cost of tuition including lodging, meals,
3.F.b
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and travel, based on approved travel guidelines and the total cost of
required study materials, provided, however, that:
A. The maximum annual amount of reimbursement per individual
employee shall not exceed $2,500 per fiscal year.
B. The course of study must be approved in advance by the Fire Chief and
the Director of Human Resources or his/her designee.
C. The course must be directed to qualifications for an employment
position represented in the City work force or to enhancement of
current job skills.
D. The employee must exhibit some reasonable expectation of qualifying
for the new position upon successful completion of the study course if
that was the reason for the course.
E. The tuition and other covered expenses shall be paid in advance by the
City upon the pre-authorization of the course by the Fire Chief and the
Director of Human Resources or his/her designee.
F. In no event shall the City's reimbursement be reduced when there is an
outside source of aid except in those cases where the aid from any
outside source, plus the normal City reimbursement, exceeds the cost
of tuition and study materials for the approved study course.
G. Courses for which tuition reimbursement will be made must be taken
on the employee's time or on authorized vacation.
H. The procedure to be followed with regard to the administration of the
tuition reimbursement program shall be established by the Human
Resources Department.
I. If the employee does not pass the pre-authorized course or separates
from City employment before completing the course, the employee
will be required to reimburse the City for any payment made under this
provision.
Subject to the provisions above, the tuition reimbursement program shall be
3.F.b
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used towards the pursuit of a college degree from an accredited college or
university.
2.08 Professional Development Program
Represented employees are eligible to attend, at City expense, professional
seminars, conferences, workshops, and classes, inclusive of reasonable
travel, parking or accommodation expenses, at the discretion of the Fire
Chief.
2.09 Professional Dues
The City agrees to pay the dues of an employee covered herein who
belongs to professional organization(s) in his/her career field, provided that
the following criteria as determined by the Fire Chief are met: (1) the
professional organization is related to the employee's job duties and
responsibilities; (2) the cost of the dues is reasonably related to the benefit
to the City as a result of the employee's membership in the organization);
and (3) the employee has received the prior approval of the Fire Chief for
the payment of dues.
3.F.b
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ARTICLE III. SUPPLEMENTAL BENEFITS
3.01 Health Insurance
A. Medical Insurance
Each employee covered by this Agreement desiring to be covered
hereunder may contribute, on a pre-tax basis, monies into an Internal
Revenue Code Section 125 plan established for the purpose of enabling
employees to pay for IRS qualified health care costs which are the
responsibility of the employee. This plan is known as a Flexible Benefit.
Each employee covered hereunder desiring to be covered by the City's
medical insurance plan may contribute, on a pre-tax basis, monies into
the Internal Revenue Code Section 125 plan. Those monies can be used
by the employee to pay on a pre-tax basis medical insurance premium
contributions that the employee is required to make under the terms of
this Agreement.
The City shall contribute toward medical premiums an amount equal
to the actual cost of the medical insurance premium for the medical
plan that an eligible employee is enrolled in, less any required
employee contributions set forth below. Each active employee
covered hereunder can use this City contribution to cover a portion of
the cost of medical insurance for the employee and his/her eligible
dependents under one of the City-provided medical insurance plans.
Pursuant to the terms of the City's Internal Revenue Code Section 125
plan, any eligible employee electing not to receive medical coverage
pursuant to the options available under the City-provided medical
insurance program is entitled to a lump sum monthly cash payment in
the amount of $150, which shall be reported as taxable.
Active employees covered hereunder who are eligible to participate in
the City-provided medical insurance program will contribute the
following monthly flat dollar amount towards the premium of their
3.F.b
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selected medical insurance plan through a payroll deduction as a
contribution from the Internal Revenue Code Section 125 plan.
Between July 1, 2017 and December 31, 2018, the City’s contribution shall
equal 93% of the actual medical insurance premium for the coverage
selected by the employee as of January 1, 2016, not to exceed the
premium for the level of coverage (e.g. employee only, employee plus
one dependent or family) under the City-provided Plan selected by the
employee, plus 93% of any future premium increases that are fifteen
15% or less per annum.
Effective January 1, 2019, the City’s contribution shall equal 90.5% of the
actual medical insurance premium for the coverage selected by the
employee as of January 1, 2019, not to exceed the premium for the level
of coverage (e.g. employee only, employee plus one dependent or
family) under the City-provided Plan selected by the employee, plus
90.5% of any future premium increases that are 15% or less per annum.
Effective January 1, 2020, the City’s contribution shall equal 89% of the
actual medical insurance premium for the coverage selected by the
employee as of January 1, 2020, not to exceed the premium for the level
of coverage (e.g. employee only, employee plus one dependent or
family) under the City-provided Plan selected by the employee, plus
89% of any future premium increases that are 15% or less per annum.
With respect to a permanent City employee represented by FEMA who
retired between July 1, 2001, and December 31, 2003, and was
participating in the CalPERS Healthcare Program as of December 31,
2003, the City shall contribute toward the payment of medical
insurance premiums the amount that had been required by CalPERS as
of December 31, 2003.
A retired permanent City employee represented by FEMA has the
option of purchasing continued medical insurance coverage under the
medical insurance plans described above with the eligible retiree
paying the full actual cost of the chosen medical insurance plan.
With regard to the tax liability provisions of this Section, the City
warrants that the cafeteria plan is a bona fide IRS Section 125 cafeteria
3.F.b
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plan. The regular and intended effect of the implementation of the
plan, under current law, is to enable employees to choose between the
receipt of benefits that are not subject to either state or federal income
tax and benefits that are subject to tax without the choice resulting in
a taxable event. Thus, the tax liability provision shall be interpreted to
mean that, in the event of a change in IRS regulations or tax law that
makes cafeteria benefits taxable, the employee (not the City) is
responsible for the taxes. In the absence of such a change, the
provision pertaining to tax liability shall have no effect.
One of the medical insurance plans offered by the City will be the
Kaiser plan that has been established by the Public Employees Benefit
Trust (the “PEBT Kaiser Plan”). This Agreement shall serve as the
Resolution required of FEMA under the terms and conditions pertaining
to participation in the PEBT Kaiser Plan. If the City determines that
participation in the PEBT Kaiser Plan is not in the best interest of the City
or its employees, FEMA will, upon notification by the City, file the
Resolution that is required under the terms and conditions of the PEBT
Kaiser Plan to end participation in the plan. In order to avoid disruptions
in medical insurance coverage for participants in the PEBT Kaiser Plan,
the effective date of the termination of said change shall be at the
beginning of the medical plan (i.e., calendar) year designed by the City.
The City has established a Post-Employment Health Plan (PEHP) for
employees covered herein. Contributions to said plan shall be made by
all FEMA employees through payroll deduction. FEMA shall notify the
City, in writing, of the amount that will be contributed by each FEMA
employee into the PEHP. Employees covered herein are currently
contributing $35 per month into the PEHP. Upon written notification
from FEMA, contributions into the PEHP can be changed or
discontinued.
B. Dental Insurance
Dental insurance coverage shall be provided at no cost to employees
and their eligible dependents, provided that employees covered herein
participate in the City-offered dental insurance programs.
3.F.b
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C. Vision Insurance
The City agrees to provide vision care insurance at no cost to
employees and their eligible dependents. The City retains the right to
select the provider and to set levels of coverage for said vision care
insurance plan. The City also retains the right to change the provider of
said vision insurance plan and/or the level of benefits provided under
that plan without meeting and conferring.
D. Life Insurance
The City agrees to maintain at no cost to the employee a term life
insurance plan for permanent employees covered herein, with
individual coverage of twice the employee's annual base salary up
to a maximum benefit of $500,000.
E. Contributions to Retiree Health Benefit Trust
1. Trusts to Receive Contributions. Santa Monica Firefighters Local
1109 (“Local 1109”) established the Santa Monica Fire Fighters
Association Health Benefit Trust (“Fire Fighters Trust”), and the
Coalition of Santa Monica City Employees established the Santa
Monica City Employees Coalition Benefit Trust (“Coalition Trust”).
Each Trust was established for the administration of retiree health
benefits for employees represented by the establishing labor
organization. The City does not participate in the administration of
either Trust. The establishing labor organization is responsible for
all costs associated with administering the Trust which it
established. The City is not responsible for any tax liability
associated with contributions to or payments made from either
Trust. The City will transmit employer and/or employee
contributions on behalf of each employee represented by FEMA to
either the Fire Fighters Trust or the Coalition Trust, based upon the
following rules. For each employee who promoted and/or
transferred from Local 1109 to FEMA, the City will transmit the
3.F.b
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following employer and employee contributions to the Fire Fighter
Trust, pursuant to Sections 2-4 below. For each employee
represented by FEMA who did not promote and/or transfer from
Local 1109 to FEMA, i.e., who was hired directly into a position
represented by FEMA, the City will transmit employer contributions
to the Coalition Trust, pursuant to Section 2 below.
2. Employer Contributions to Fire Fighter Trust or Coalition Trust. The
City will contribute $150.69 per month on behalf of each eligible
employee covered by this Agreement who is represented by FEMA.
This monthly contribution for an active employee will only be made
for each month that the employee is eligible to receive medical
insurance coverage under the City-provided medical insurance
program. The Parties shall not allow an employee described in this
agreement to opt out of the contributions, receive the contributions
in salary or cash, or elect to contribute a different amount.
3. Employee Contributions to Fire Fighter Trust. The City shall withhold
a mandatory contribution per pay period on a pre-tax basis from
the pay of every active employee, who is represented by FEMA and
who promoted and/or transferred from IAFF Local 1109 to FEMA.
The amount of the employee contribution shall match the
employee contribution that Local 1109 has agreed to and
communicated to the City for that pay period. This amount is in
addition to the employer contribution amount provided in Section 2
above. The Parties shall not allow an employee described in this
agreement to opt out of the contributions, receive the contributions
in salary or cash, or elect to contribute a different amount. This
monthly contribution for an active employee will only be made for
each month that the employee is eligible to receive medical
insurance coverage under the City-provided medical insurance
program.
4. Modification of Employer and Employee Contribution Amounts.
The employer contribution amount under Section 2 shall be
adjusted prospectively whenever, and in the same amount that, the
employer contribution transferred to the respective Trust on behalf
3.F.b
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of other active employees participating in that Trust is adjusted, i.e.,
all employer contribution amounts to the Coalition Trust shall match
the employer contributions for Coalition members, and all
employer contributions to the Fire Fighter Trust shall match the
employer contributions for Local 1109 members. The mandatory
employee contribution amount under Section 3 shall be adjusted
prospectively whenever, and in the same amount that, the
employee contributions transferred to the Trust on behalf of each
IAFF Local 1109 member is adjusted.
5. Remittance of Contributions. The City shall transmit such
contributions to the Trust for the duration of the MOU. Those
contributions shall be remitted monthly in one aggregate ACH
transfer to the custodian of the Trust within 30 days of the date the
payment would have been payable to the employee. In addition,
the City shall submit a monthly report of contributing employees, in
the format requested by the Trust, to the Plan Administrator.
3.02 Retirement
A. Retirement benefits shall be provided pursuant to the City’s contract
with the California Public Employees’ Retirement System (CalPERS)
and in accordance with the Public Employees’ Retirement Law
(“PERL”) (Gov. Code, § 20000 et seq.) and CalPERS regulations.
B. Employees who are not “new members” as defined in Government
Code Section 7522.04(f) (who have been determined by CalPERS to be
“classic members”) are provided the following retirement benefits:
a) Safety 3% @ 55 retirement formula (Gov. Code, § 21363.1)
b) Final Compensation Period – One Year (Gov. Code, § 20042)
c) Effective July 1, 2014, the Employer Paid Member Contribution
(EPMC) benefits provided under Government Code Section 20691
were discontinued; the City no longer pays any portion of the
required normal member contribution equal to 9% of pensionable
income. The entire member contribution shall be paid by each
affected employee.
3.F.b
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d) “Classic members” shall pay to CalPERS the entire 9% member
contribution as described above. In addition, in accordance with
Government Code Section 20516(f) pursuant to a cost-sharing
arrangement, employees shall also contribute 64% of “compensation
earnable.”
C. In accordance with Government Code Section 20516(f), effective at
the beginning of the first pay period of Fiscal Year 2018-2019,
employees shall pay to CalPERS pursuant to a cost-sharing
arrangement an amount equal to 5% of “compensation earnable.”
Effective at the beginning of the first pay period of FY 2019-2020, employees
shall pay to CalPERS pursuant to a cost-sharing arrangement, an
amount equal to 6% of “compensation earnable.”
CD. Employees hired on or after January 1, 2013, who are “new members”
as defined in the Public Employees’ Pension Reform Act of 2013
(Government Code Section 7522.04(f)), are provided the following
retirement benefits:
a) Safety 2.7% @ 57 retirement formula (Gov. Code, §
7522.25(d);
b) Final Compensation Period – Three Years (Gov. Code, §
20037;
c) “New members” shall be required to contribute at least one-
half of the total normal cost as calculated and established in
the annual CalPERS valuation report. Should the total normal
cost of the plan change by one percent or more from the
base total normal cost established for the plan, the new
member rate shall be 50% of the new normal cost rounded
up to the next highest quarter percent.
DE. The City contracts for the following optional benefits, which apply to all
employees:
a) 1959 Survivor Benefit Level 4 (Gov. Code, § 21574);
b) Pre-Retirement Option 2W Death Benefit (Gov. Code, §
21548);
c) Pre-Retirement Death Benefits to Continue After Remarriage
3.F.b
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of Survivor (Gov. Code, § 21551);
d) Post-Retirement Survivor Allowance (Gov. Code, §§ 21624,
21626, 216228);
e) Post-Retirement Survivor Allowance to Continue After
Remarriage (Gov. Code, § 21635);
f) $500 Retired Death Benefit (Gov. Code, § 21620);
g) 2% Annual Cost of Living Allowance Increase (Gov. Code, §
21329);
FE. The effective retirement date of an employee covered herein who has
been found to be entitled to an industrial disability retirement shall be
the earlier of (a) the date selected by the employee or (b) 30 calendar
days from the date on which the City notifies the employee that all
appeal rights have been waived or exhausted and he/she is going to
be granted a disability retirement by the City.
In accordance with CalPERS requirements, the City shall make
advanced disability retirement payments, issued on a bi-weekly basis,
to an employee covered herein who has been found eligible for an
industrial disability retirement. The amount of the advanced disability
pension payment will be equal to 50% of what the City estimates as the
employee's earnings reported to CalPERS during the prior 12-month
period or, upon the employee's request, another 12-month period.
In addition, the City will, upon the written request of an employee
covered herein who has filed any retirement application with CalPERS,
provide the employee with his/her pay history for the time period
designated by the employee as the employment period to be used by
CalPERS for the calculation of his/her monthly retirement benefit from
CalPERS. The City will provide the employee with a listing of the forms
of compensation which the City reports to CalPERS as compensation
earnable for the purpose of calculating an employee's retirement
benefit from CalPERS.
3.03 Uniform Allowance
3.F.b
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Employees covered hereunder shall be paid a uniform maintenance
allowance of $105 per month.
The City agrees to furnish required safety equipment, safety pants, and
safety boots, as needed. The employee has the option of receiving two pairs
of safety boots, or one pair of safety boots and one pair of Department-
approved oxfords.
The City agrees to replace, as needed, not more than one work shirt and
two patches per employee per year and to replace uniform shirts and/or
pants that are damaged due to work-related actions performed while on
duty. In lieu of one work shirt, an employee may elect to receive department
T-shirts equal in value to one work shirt. The City will provide four pairs of
pants to each new employee upon hire. In addition, if the City changes the
uniform pant worn by sworn employees, the City will provide four pairs of
pants to each employee whose uniform pant is being changed.
The employees will wear the Department-approved uniform as specified in
the Fire Department Operations Manual.
3.04 Sick Leave Cash- Out Buy Back Program
The Sick Leave Buy BackCash-Out Program described below shall be
suspended for the term of this Agreement. This provision may also be
subject to the meet and confer process outlined in Section 1.03.
Employees covered herein have the option to receive payoff for unused sick
leave under the following conditions:
A. Definitions
(1) "Sick Leave Bank" or "Bank" means sick leave earned in years prior
to the Accrual Year.
(2) "Accrual Year" means the fiscal year in which Payable Sick Leave is
earned.
3.F.b
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(3) "Payable Sick Leave" means that portion of the sick leave unused in
this year's accruals.
(4) "Day" means eight hours.
B. To be eligible to receive payoff an employee must have a minimum Sick
Leave Bank of 22 days.
3.F.b
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C. An employee with the required Bank (and years of service as of the end
of the Accrual Year) is eligible to sell unused sick leave earned during
an Accrual Year according to the following schedule:
Less than 10 Completed Years of
Service with Santa Monica
10 or More Completed Years of
Service with Santa Monica
Unused Days Unused Days
Days Used Available Days
for Pay
Used Available Days
for Pay
0
1
2
3
4
5
6 or more
6
5
4
3
2
1
0
0
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
0
D. Payoff shall be made at the regular rate of pay.
E. Sick leave for which payoff is received shall be considered "used" in that
it will not be added to the Bank (or if added to the Bank prior to the
payoff date, shall be removed from the Bank).
F. Each employee eligible for payoff will elect whether to take payoff or
to add the Payable Sick Leave to the Bank. The election will be made
prior to June 30th of each Accrual Year.
G. Payoff for an Accrual Year will be available only to those employees on
the payroll July 1st of the following Accrual Year, with the exception that
those employees who retire on a Service Retirement, or who are
3.F.b
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involuntarily separated due to lack of funds (layoff), during the Accrual
Year shall be given the opportunity to receive payoff on a pro-rata
basis. Employees who separate from City service other than by
retirement or by layoff shall not be eligible for payoff.
H. It is hereby mutually agreed that the sick leave accrual rate shall be
limited to one day per month of satisfactory service. This provision
applies to all employees of the bargaining unit covered by this MOU
whether or not the individual employee elects to receive payoff
annually.
3.05 Deferred Compensation
It is hereby agreed that employees covered herein will be offered
participation in the City's deferred compensation plan. Effective August 1,
2017, the City shall contribute to this Plan on behalf of each employee a bi-
weekly amount of $41.54.
3.06 Mileage Reimbursement
Reimbursement to employees covered herein for the authorized use of a
private vehicle for City business shall be paid at the rate established by the
City's Mileage Reimbursement Administrative Instruction.
3.07 Vacation Cash-Out
Employees have the option to cash out accrued vacation leave based upon
the years of service completed at the time of the exercise of the option on
two occasions each calendar year (on or about July 1 and the last paycheck
in December), as follows:
Years of Service Completed Maximum number of cashable hours
Less than 5 years Up to 30 hours
5 years or more Up to 60 hours (120 total per year)
In order to exercise this option with respect to the July cash-out, an employee must, before the end of the preceding calendar year, designate the number of hours, up to the applicable maximum number of hours
allowed, that he/she would like to cash out effective on or about July 1st. If
3.F.b
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the employee fails to make a designation, he/she will not be allowed to
cash out any hours at that time.
In order to exercise this option with respect to the end of December cash-
out, an employee must, before the end of the preceding calendar year,
designate the number of hours, up to the applicable maximum number of
hours allowed, that he/she would like to cash out effective the last
paycheck in December. If the employee fails to make a designation,
he/she will not be allowed to cash out any hours at that time.
Once an employee has elected to participate in the Vacation Cash-Out
Program, the total number of hours designated for cash-out will be
automatically processed and paid. If an employee has a lower balance of
vacation leave than elected vacation hours, only available vacation hours
at the time of cash-out will be processed.
For employees who elect to cash out vacation hours as specified above,
those hours will be paid to the employee at the end of the fiscal year at the
same time as the Sick Leave Buy Back Program.
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ARTICLE IV. LEAVES
4.01 Paid Holidays
Employees covered herein shall receive 12 paid holidays as follows:
1st of January – New Year’s Day
3rd Monday of January – Martin Luther King’s Birthday
3rd Monday of February – Presidents’ Day
Last Monday of May – Memorial Day
4th of July
1st Monday of September – Labor Day
4th Thursday of November - Thanksgiving Day
The Friday following Thanksgiving
The half day immediately preceding Christmas
25th of December - Christmas
The half day immediately preceding New Year's Day
Two floating holidays (to be prorated at the rate of 1.67 hours per
month)
4.02 Vacation
Each employee occupying a regularly authorized full-time position or a
permanent and continuing part-time position in any job classification
covered herein shall accrue vacation leave with pay on the following basis.
"Day" is defined in Section 3.04.A of this MOU.
1. Following completion of the first six months of continuous service, six
days.
2. Thereafter, up to and including five completed years of service, one
day for each completed calendar month of service.
3. Thereafter, up to and including ten completed years of service, 1.25
days for each completed calendar month of service.
4. Thereafter, up to and including 15 years of service, 1.58 days for each
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completed calendar month of service.
5. Thereafter, up to and including 20 years of service, 1.75 days for each
completed calendar month of service.
6. Upon completion of 20 years of service, two days for each completed
calendar month of service.
7. Each employee may accumulate vacation leave to a maximum of
three times the employee's annual accrual rate.
4.03 Sick Leave
A. Sick leave shall be defined as in Section 2.04.570 of the Santa Monica Municipal
Code, hereby incorporated as if set forth in full herein, except as follows:
Sick leave shall be defined as absence from duty because of the
employee's illness or off-the-job injury, exposure of the employee to
contagious disease as evidenced by certification from an accepted
medical authority, medical or dental appointments of the employee or
the employee's dependent children which could not be scheduled
during non-work hours, with proper advance notification to the
employee's supervisor, or illness or injury of the employee's spouse or
children. For the purpose of this Section, an employee's domestic
partner and the children of the employee's domestic partner are
covered by this provision.
B. Each employee accrues sick leave with pay on the following basis:
(1) Sick leave shall be accrued one working day per month.
(2) A completed calendar month for which sick leaves accrues means a
calendar month in which the employee has been in pay status for 11 or
more working days in that month.
(3) Permanent part-time employees accrue sick leave in that proportion
as the number of hours budgeted for the position bears to the full- time
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work week.
C. Employees shall receive an additional 40 hours of cashable sick leave
effective upon the first pay period after full execution of this
Agreement. and thereafter, on July 1 of each subsequent year of this
Agreement. The 40 hours of additional cashable sick leave for each
year of the term of the MOU shall cease at the expiration of the MOU,
June 30, 2023.
4.04 Leave of Absence Without Pay
Such leave shall be governed by the Santa Monica Municipal Code which is
summarized as: An employee may be granted a leave of absence without
pay upon application approved by the Department Head and the City
Manager. Such leave may not exceed one year. Upon expiration of the
leave, the employee shall be reinstated to the position held before the leave
was granted. Such leave shall be granted only in those cases where an
employee's record of service and qualifications make it desirable for the
City to retain his/her services even at the cost of some inconvenience to the
City.
4.05 Jury Duty
Employees covered herein, when duly called to serve on any jury and when
unable to be excused therefrom, shall receive the regular base
compensation less all jury fees received excluding mileage for the time
required to be spent in court provided that an individual employee will be so
paid for jury service for a maximum of ten work days. Each employee
receiving a notice to report for jury service shall immediately notify his/her
immediate supervisor. Whenever daily jury duty scheduling permits,
employees shall return to their regular daily job assignment to complete
their regular daily work hours.
If an employee is called for jury service for more than ten work days, the
employee may request that the Director of Human Resources extend the
time period for which the employee will be paid for jury service beyond the
ten work day period. The Director of Human Resources shall not
unreasonably refuse to grant any such request.
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4.06 Military Leave
Military leave shall be administered in accordance with applicable federal
and state laws, rules and regulations.
4.07 Workers' Compensation Leave
Workers' compensation leave shall be in accordance with applicable
California state law.
4.08 Bereavement Leave
Bereavement leave of not more than five working days with pay shall be
provided for absence from duty due to a death within the employee's
immediate family, meaning: spouse, the employee's domestic partner,
child, step-child, child of the employee's domestic partner, brother, sister,
parent, stepparent, parent-in-law, son-in-law, or daughter-in-law.
Bereavement leave of not more than three working days shall be provided
for absence from duty due to the death of other family members to include
sister-in- law, brother-in-law, step-brother, step-sister, grandparent,
grandchild, spouse of stepchild, step-parent of spouse, uncle, aunt, niece,
and nephew. Use of additional appropriate leave (vacation, sick, or personal
leave) shall not be unduly denied for additional absence from duty beyond
that provided above.
4.09 Parental Leave
Employees who demonstrate that they have primary responsibility for the
care of a new child who requires constant parental supervision shall be
entitled to a leave of absence totaling four months immediately following
the child's birth or adoption and shall be returned to the same job
classification occupied prior to the leave upon its expiration. Paid vacation
leave or sick leave, if applicable, as well as unpaid leave shall be counted
toward the four-month total. Paid sick leave can be used only if the
requirements of the Santa Monica Municipal Code are met. Additional leave
may be requested under the provisions of this MOU governing leaves of
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absence without pay (Section 4.04).
Primary responsibility may be established by providing documentation that
the employee's spouse is medically incapacitated; or that the spouse is
gainfully employed during the hours the employee is normally scheduled to
work and no schedule change for the employee’s spouse is possible; or by
demonstrating other extraordinary circumstances such as the adoption of
a disabled child who requires constant parental supervision.
Maternity leave is not the same as parental leave and shall be administered
in accordance with state and federal law.
4.10 Family Leave
The City shall comply with the provisions of the federal Family and Medical
Leave Act (FMLA) and the California Family Rights Act (CFRA).
When granted family leave, the employee may choose to use available
accrued sick leave at his/her discretion; however, except for sick leave, the
employee must exhaust all other available leave time, if applicable, before
he/she can go on unpaid status.
4.11 Personal Leave
A FEMA employee may accrue up to two days or 16 hours of personal leave.
One day or eight hours shall be cashable and one day or eight hours shall be
non-cashable and may be used for personal matters. An employee must
be on the payroll as of the first day of the fiscal year in order to be eligible to
receive the eight hours of cashable personal leave. These cashable leave
hours cannot be carried over to a subsequent fiscal year if not used in the
fiscal year in which the hours have been accrued. Payment equivalent to
the employee’s base salary as of June 30th for any unused cashable leave
shall be payable to the employee upon the request of the employee at the
end of the fiscal year when earned. The personal leave will not be subject
to cash-out when the FEMA employee separates from City employment.
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ARTICLE V. WORKING CONDITIONS
5.01 Safety
The City shall provide safe, clean, and healthy city facilities in accordance
with applicable federal, state, and local laws and regulations. FEMA agrees
that where safety devices or items of protective equipment are required or
furnished, their use shall be mandatory. Further, FEMA and the
management of the Fire Department shall meet on a quarterly basis to
discuss safety or equipment issues or concerns.
Both parties to this Agreement agree to fully support the City's Risk Control
Policy. Said policy sets forth the City's commitment to maintaining a safe
and healthy work environment, to preventing accidents and injuries, and
minimizing risk and loss wherever possible. Said policy outlines the safety
responsibilities of the City, City managers and supervisors, and City
employees. Further, it shall be the obligation of employee(s) covered
hereunder to immediately report to his/her immediate supervisor any
working condition that appears to be unsafe to the employee(s).
The City will provide, at no cost to the employee, the appropriate
vaccinations required by law for all employees covered hereunder.
5.02 Effect of Job Performance on Salary
The City Manager, in exceptional cases, based upon specific appraisal of
the importance and difficulty of the work and the experience and ability of
the person to be employed, or of the incumbent, may authorize entrance
salaries higher than the minimum, and special increases above the amount
prescribed in the salary schedule for the class and length of service of the
incumbent. In no event, however, shall the rate exceed the maximum rate
for that class.
Notwithstanding any provision contained herein, there will be no increase in
wages of any kind as a result of a "NOT ACCEPTABLE" rating on the
employee's prescribed periodic performance rating. There will be no
subsequent increases in wages until the "NOT ACCEPTABLE" rating has
been improved to at least the "MEETS OVERALL STANDARDS" level. Any
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overall rating in the "NOT ACCEPTABLE" category may delay the next
scheduled salary step increase at the discretion of the Fire Chief. Such
action shall remain in effect until the rating has been improved to at least a
"MEETS OVERALL STANDARDS" level.
5.03 Washing Machines
It is agreed that the City will provide, for the safety of the members of FEMA,
washing machines and clothes dryers in all Fire Stations, for the sole
purpose of cleaning safety clothing, uniforms and department equipment
soiled and contaminated at emergency incidents.
5.04 Wellness
A. Any employee hired on or after July 1, 1990, shall be restricted from
habitual smoking or chewing tobacco both on duty and off duty. This
provision will be maintained throughout said employee's tenure with
the Santa Monica Fire Department as a condition of employment.
With respect to this Section, the parties agree to meet and confer in the
event of any legal challenge to any provision under this Section with
respect to the defense of FEMA or of any officer or member named in
such legal challenge.
B. Employees shall complete a medical examination by the City medical
examiner, with the frequency and components of the examination to
be determined by the City, provided however, that legislatively
mandated medical examinations will be included as part of the
examinations covered by this provision.
5.05 Entitlement To Use Of Department Vehicle
All represented employees shall be assigned a Department vehicle, which
shall be equipped for emergency response. They shall use the vehicle in the
event of recall in case of emergency and for daily commuting to and from
the City and for official City business, including authorized City travel. The
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vehicle also may be used for personal errands when done in connection
with traveling to and from the workplace and the employees' residence,
and in accordance with policy established by the Fire Chief.
5.06 Employee Parking
Employees shall be provided with a parking location and parking card or
other identification placard to park in City workplaces. In order to
encourage employees to commute using alternative means of
transportation other than single occupancy vehicle (SOV) driving, a parking
cash-out incentive shall be offered. Each employee shall have the option to
commit to a non-SOV driving form of transportation as her/his principal
mode of transportation and forego receiving a card or other parking
identification placard in exchange for a monthly payment (cash-out) in the
amount of $100. Employees will not be eligible for cash-out if they drive
alone (SOV) to work and park in an alternative location to their designated
parking location.
In order to facilitate the need for parking cash-out participants to drive to
work and park occasionally, the City will provide a pay-per-use parking
card (or other mechanism based on available technology) upon request by
the employee to park in the Civic Center parking facility. The first five uses
of the card per month will not be charged. Based on the number of times
the employee drives to work alone (SOV) during the month, beginning with
the sixth monthly usage of the card, the employee will be charged $10 per
use to be deducted from the following month’s cash-out payment.
Participants receiving the cash-out who park in uncontrolled lots will
receive a day pass to park when needed. For each day pass issued,
beginning with the sixth used each month, the employee will be charged $10
per use to be deducted from the following month’s cash-out payment.
The cash-out for the upcoming month shall be paid in the first paycheck of
the month and is currently taxable. If tax laws are modified to allow the
cash-out to be designated as pre-tax, the City will then provide the cash-
out as a pre-tax benefit. Employees receiving cash-out may opt out of the
program by notifying the program administrator and a parking card or
identification placard shall be issued, which will be valid beginning the first
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day of the following month, and parking cash-out will be cancelled.
This provision does not apply to employees who travel to and from work in
a City provided vehicle on a regular basis.
This program will be implemented effective January 1, 2017.
The employees covered by this Agreement recognize that the City must
comply with regulations issued by the Air Quality Management District
(AQMD) and the City's Transportation Demand Management (TDM) Plan
Ordinance. If members of the Bargaining Unit’s Average Vehicle Ridership
(AVR) is not progressing towards meeting the AQMD or TDM ordinance
targets and it becomes necessary to consider charging for parking during
the term of this Agreement in order to comply with City, State or Federal
requirements regarding transportation management, the City will meet
and confer with FEMA before any employee(s) would be subject to such a
charge.
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ARTICLE VI. EMPLOYER/EMPLOYEE RELATIONS
6.01 Payroll Deductions
The City will, with proper authorization from employees, process
deductions from employee pay. Any or all such payroll deductions must be
submitted to the payroll office during the pay period prior to the start of the
deduction.
6.02 Reasonable Notice
It is mutually agreed that FEMA shall receive at its place of business a copy
(via intercity mail) of the City Council and Personnel Board agendas for
each meeting. FEMA shall notify the City as to the business address to which
such notifications should be sent. Further, it is understood that said
notification shall be concurrent with the notification provided to the
Personnel Board and City Council members.
6.03 Grievance/Complaint Policy
A grievance is a complaint by one or more employees concerning the
application or interpretation of the MOU, ordinances, resolutions, policies,
practices or procedures affecting the employee's wages, hours and/or
working conditions, provided, however, that grievances regarding
disciplinary actions must be lodged by the employee being disciplined and
that appeals arising from suspensions, demotions and removals shall be
subject to the procedures outlined in the Santa Monica Municipal Code, and
that complaints regarding performance evaluations shall be subject to the
procedures contained in Section 6.04 of this Agreement.
The City agrees that employees shall be afforded all due process rights
provided in applicable law.
FEMA agrees that the rights of probationary employees are limited to those
provided under the Santa Monica Municipal Code and City Charter.
Step 1. The aggrieved employee(s) shall request to meet with the Fire Chief
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regarding the grievance, which must be stated in writing, specifically citing
the MOU provision, ordinance, resolution, rule, policy, practice or procedure
that is the subject of the grievance and the circumstances giving rise to the
grievance within 30 days of the event giving rise to the grievance.
Step 2. If the grievance is not resolved by the end of the employee's tenth
regularly scheduled day following presentation of the grievance to the Fire
Chief, the employee may, within five days, appeal to the Director of Human
Resources, who will investigate the grievance and make recommendations
to the City Manager, whose decision shall be final. The decision of the City
Manager shall be issued no later than 30 days following presentation of the
grievance by the Director of Human Resources.
It is mutually understood and agreed that:
A. All time periods in this Section may be extended by mutual consent of
the employee and the management representative involved.
B. A grievance shall be considered untimely if not presented by the
employee or FEMA within 30 days of the incident giving rise to the
grievance or within 30 days of its effect upon the employee in those
instances where it is shown that the employee could not reasonably
have known of the grievable action.
C. Employees shall have the right to be represented in grievance matters
in the following manner:
1) Employees shall have the right to represent themselves individually
in grievance matters.
2) Employees may designate a representative of his or her choice to
represent them in grievance matters.
3) For the purposes of this Section, "days" means regularly scheduled
work days of the employees in the affected department or division.
4) Reasonable time off without loss of pay or benefits shall be given to
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a grievant or FEMA grievance representative to investigate or
process grievances, and to witnesses in any grievance hearing or
meeting held during working hours.
Before performing any grievance work, FEMA representatives, the
grievant or witness shall obtain permission from the department
director and shall report back to work when the grievance work is
completed. Neither the grievant nor representative nor witness shall
interrupt or leave work if the department director determines that
such interruption or absence will unduly interfere with the work of the
employee. However, if the department director denies such time off
when requested, time off must be granted within 24 hours of such
request.
D. An employee who has initiated a grievance, or assisted another
employee in initiating and/or processing a grievance, shall not in any
way be coerced, intimidated or discriminated against.
6.04 Disability Retirement Dispute Resolution Procedure
A. When a safety member of the Retirement System applies for a disability
retirement, and the Board of Administration ("Board") of CalPERS
requests the City to determine whether the applicant is incapacitated
for the performance of duty, the City shall promptly perform all acts
necessary, including the conduct of a medical examination, to
determine whether the applicant is incapacitated for the performance
of duty. The determination of the City shall include an explanation of the
basis for that decision. If the City has not made that determination within
180 calendar days from the date of the Board's request, it shall be
deemed to have determined that the applicant is incapacitated for the
performance of duty.
B. As soon as the City has made its determination, it shall notify the
employee in writing. This notice, as well as all other notices required by
this procedure, shall be sent to the employee's home address with a
copy to his or her legal representative, if any. The notification shall be
accompanied by a copy of this Disability Retirement Dispute Resolution
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Procedure.
C. The employee may challenge that determination, or any related
decision by the City regarding his/her disability retirement or its effective
date, by submitting to the City Manager a written request for a hearing.
This request must be submitted within 30 calendar days from service of
the notice that is the subject of the request for a hearing. If the employee
fails to submit such a written request within the prescribed time limit, the
determination of the City shall become final and no longer subject to
appeal.
D. If the employee submits a timely written request for a hearing, the
matter shall be referred to the Office of Administrative Hearings so that
a hearing will be conducted by an Administrative Law Judge from that
office in accordance with the provisions of Government Code Section
11500 et seq. (i.e., the Administrative Procedure Act). However, it shall not
be necessary for the City to prepare a Formal Accusation or Statement
of Issues, or for the employee to file a Notice of Defense, as identified in
that Act. Instead, the communications described above shall replace
those items. However, all discovery rights described in the Act shall be
available to the parties; the hearing shall be conducted in accordance
with the provisions of Government Code Section 11513; the resulting
decision shall be as specified in the Act; and all time limits prescribed in
the Act shall be applicable.
E. The City has the burden of proof that its decision should be upheld.
F. The employee is entitled to a representative of his/her choice in the
hearing. The cost of such representation shall be borne by the
employee.
G. Where testimony of City employees is involved, at least seven calendar
days advance notice shall be given to the Department Head so that work
assignments may be made accordingly. Wherever practicable, City
employees needed as witnesses shall be placed on an on-call basis and
compensated at their regular rates of pay of time spent in the hearing.
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H. The decision of the Administrative Law Judge shall be final, subject to
judicial review commenced by the employee or the City in accordance
with the provisions of Government Code Section 11523.
6.05 Performance Evaluation Appeal Procedure
Since probationary employees are "at will" until successfully completing their
probationary period, only permanent (non-probationary) employees may
appeal their performance evaluation.
A. General Provisions:
1) An appeal of a performance evaluation shall only be considered if it
is filed within ten calendar days following receipt of the
performance evaluation by the employee.
2) All time periods regarding the appeal of a performance evaluation
may be extended only by mutual written agreement of the
employee or his/her representative and the management
representative involved.
3) If a management representative does not meet with the employee
or render a decision within the time limits specified, the employee
may immediately exercise the next step in the performance
evaluation appeal process.
4) An employee can elect to file a response to his/her performance
evaluation at any time during the appeal procedure if he/she
decides to not take the appeal to the next level listed in the appeal
procedure or is not satisfied with the City Manager's written
decision.
B. An appeal involving a performance evaluation shall be processed in
the following manner:
1) If an employee believes that his/her performance evaluation does
not correspond to the facts, the employee is encouraged to meet
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with the Fire Chief.
2) First Step
If the matter is not satisfactorily resolved between the employee
and the Fire Chief, the employee may attach a response to the
performance evaluation to be attached to the employee's
performance evaluation before it is filed in the employee's
personnel file or formally appeal his/her performance evaluation to
the Fire Chief. The employee must submit his/her appeal to the Fire
Chief within ten calendar days following the employee's receipt of
his/her performance evaluation, and the appeal to the Fire Chief
must be submitted in writing, with the employee specifically stating
the reasons why he/she believes the performance evaluation
needs to be revised.
3) Second Step
The Fire Chief, or his/her designee, shall meet with the employee
within seven calendar days from the date on which the Fire Chief’s
office receives the appeal from the employee. The "designee" of the
Fire Chief shall not be anyone who has participated in the
employee's performance evaluation that is being appealed by the
employee. Within seven calendar days following such meeting, the
Fire Chief, or his/her designee, shall give a written decision to the
employee.
4) If the employee is not satisfied with the decision of the Fire Chief,
within seven calendar days following receipt of the Fire Chief’s
decision, the employee may submit the performance evaluation
appeal to the Director of Human Resources. The Director of Human
Resources, or his/her designee, shall make such investigation as
required and make recommendations to the City Manager no more
than seven calendar days following the meeting with the employee.
Within seven calendar days following receipt of the Human
Resources Director's recommendation, the City Manager shall
render a written decision, which shall be final.
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6.06. Disciplinary Appeals
All disciplinary appeals shall be conducted pursuant to the Firefighters'
Procedural Bill of Rights Act as set forth in California Government Code
Section 3250, et seq.
6.07Reopener
During the term of this Agreement, upon request from either the City or the
Association, and to the extent required by law, the parties shall meet and
confer in good faith regarding implementation of the City’s new Payroll/HR
program with consideration of possible adjustments to language or
processes as they relate to payroll and human resources practices.
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IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of
Understanding to be executed this _____ day of _____________ 202119.
CITY OF SANTA MONICA
ATTEST: a municipal corporation
________________________ By: ________________________
DENISE ANDERSON-WARREN LANE DILGRICK COLE
City Clerk Interim City Manager
APPROVED AS TO FORM:
________________________
Lane DilgGEORGE S. CARDONA
Interim City Attorney
FEMA
_____________________________
Tom Clemo
President
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Contract No. 10607 CCS
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF SANTA MONICA, CALIFORNIA
AND
THE INTERNATIONAL ASSOCIATION OF SHEET METAL, AIR, RAIL AND
TRANSPORTATION WORKERS – TRANSPORTATION DIVISION, LOCAL 1785
(FORMERLY UNITED TRANSPORTATION UNION LOCAL 1785)
20172020-20230
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- i -
TABLE OF CONTENTS
Page
ARTICLE I: GENERAL PROVISIONS ............................................................................. 1
1.01 Parties to Memorandum .................................................................................. 1
1.02. Purpose ........................................................................................................... 1
1.03. Term of Agreement ......................................................................................... 1
1.04. City Council Approval ...................................................................................... 1
1.05. Recognized Employee Organization - SMART-TD ......................................... 1
1.06. Scope of Representation ................................................................................. 2
1.07. Full Understanding, Modification & Waiver. ..................................................... 2
1.08. Management Rights Reserved ........................................................................ 2
1.09. Peaceful Performance of City Services ........................................................... 3
1.10. Validity of MOU ............................................................................................... 4
1.11. Captions for Convenience ............................................................................... 4
1.12. Non-Discrimination and Equal Employment .................................................... 4
1.13. Definitions ....................................................................................................... 4
1.14. Overpayment Remedy .................................................................................... 6
1.15. Payments at Termination ................................................................................ 6
1.16. Compensation & Benefits for Permanent Part-Time Employees ..................... 7
ARTICLE II: COMPENSATION ....................................................................................... 8
2.01. Effective Date of Increase ............................................................................... 8
2.02. Salaries ........................................................................................................... 8
2.03. Performance Evaluations and Effect of Job Performance on Salary ............... 8
2.04. Overtime .......................................................................................................... 9
ARTICLE III: SUPPLEMENTAL BENEFITS .................................................................. 11
3.01. Retirement ..................................................................................................... 11
3.02. Health Insurance Programs ........................................................................... 11
3.03. Unused Sick Leave Upon Retirement ........................................................... 12
3.04. Uniform Allowance ........................................................................................ 13
3.05. Eye Examinations ......................................................................................... 13
3.06. Motor Coach Operator Trainee Instructor ..................................................... 13
3.07. Bus Passes ................................................................................................... 13
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3.08. Verification of Transit Training (V.T.T.) Certificate ........................................ 13
3.09. Deferred Compensation ................................................................................ 14
3.10. Sick Leave Cash-Out .................................................................................... 14
3.11 Vacation Cash-Out ........................................................................................ 16
3.12 Tuition Reimbursement ................................................................................. 16
ARTICLE IV: LEAVES ................................................................................................... 18
4.01. Paid Holidays ................................................................................................ 18
4.02. Vacation Leave ............................................................................................. 19
4.03. Sick Leave ..................................................................................................... 19
4.04. Leave of Absence Without Pay ..................................................................... 20
4.05. Military Leave ................................................................................................ 21
4.06. Jury Duty ....................................................................................................... 21
4.07. Worker’s Compensation Leave ..................................................................... 21
4.08. Parental Leave .............................................................................................. 22
4.09. Family Leave ................................................................................................. 23
ARTICLE V: WORKING CONDITIONS ......................................................................... 24
5.01. Safety ............................................................................................................ 24
5.02. Part-Time and As-Needed Motor Coach Operators ...................................... 24
5.03. Assured Work Schedule ................................................................................ 25
5.04. Modified Work Schedule ............................................................................... 25
5.05. Open Run Scheduling ................................................................................... 26
5.06 Extra Board Assignments .............................................................................. 26
5.07. Part-Time Motor Coach Operator Work ........................................................ 26
5.08. Sign-On Time ................................................................................................ 27
5.09. Accident/Incident Report Time ...................................................................... 27
5.10. Employee Parking ......................................................................................... 27
5.11. Employee Medical Exams ............................................................................. 28
5.12. Serving in a Motor Coach Operator Supervisor Position ............................... 28
5.13. Meal and Rest Breaks ................................................................................... 29
5.14. Notices .......................................................................................................... 30
5.15. CHP Logs ...................................................................................................... 30
ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS ................................................... 31
6.01. Payroll Deductions ........................................................................................ 31
6.02. Reasonable Notice ........................................................................................ 31
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6.03. Union Security ............................................................................................... 31
6.04. Grievance and Complaint Policy ................................................................... 31
6.05. Drug and Alcohol Policy ................................................................................ 33
6.06. Performance Evaluation Appeal Procedure .................................................. 33
6.07 Re-openers ................................................................................................... 35
6.08 Joint Labor Management Committee ............................................................ 35
EXHIBIT A Electronic Communications Device Policy .................................................. 38
EXHIBIT B Union Representation Policy ....................................................................... 39
EXHIBIT C Policy for Employee Attendance ................................................................. 42
EXHIBIT D Employee Policy for Miss-Outs ................................................................... 45
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THE INTERNATIONAL ASSOCIATION OF SHEET METAL, AIR, RAIL AND
TRANSPORTATION WORKERS – TRANSPORTATION DIVISION, LOCAL 1785
CITY OF SANTA MONICA
ARTICLE I: GENERAL PROVISIONS
1.01 Parties to Memorandum
This Memorandum of Understanding (“MOU” or “Agreement”) has been prepared
pursuant to the terms of Ordinance No. 801 (CCS) of the City of Santa Monica
(the “City”), and has been executed by the City Manager on behalf of the City
and by appropriate officials of the International Association of Sheet Metal, Air,
Rail and Transportation Workers – Transportation Division (“SMART-TD”), Local
1785, formerly known as the United Transportation Union Local 1785, on behalf
of employees occupying the job classification of Motor Coach Operator.
1.02. Purpose
The parties agree that the purpose of this MOU is: to promote and provide
harmonious relations, cooperation, and understanding between the City and the
employees covered herein; to provide an orderly and equitable means of
resolving differences that may arise under this MOU, and to set forth the full
agreements of the parties reached as a result of meeting and conferring in good
faith regarding matters within the scope of representation of employees
represented by SMART-TD Local 1785.
1.03. Term of Agreement
This Agreement is effective as of July 1, 202017, and remains in full force and
effect until June 30, 20230. Either party shall notify the other in writing no later
than March 1, 202320, of the desire to terminate or modify this Agreement. If
such notice to modify is given, negotiations will begin no later than April 15th
with a signed contract desired by July 1st.
1.04. City Council Approval
It is the mutual understanding of all the parties hereto that this MOU is of no force
or effect whatsoever unless or until ratified and approved by resolution duly
adopted by the City Council of the City of Santa Monica.
1.05. Recognized Employee Organization - SMART-TD
The International Association of Sheet Metal, Air, Rail and Transportation
Workers – Transportation Division, Local 1785 (“SMART-TD”), formerly known as
the United Transportation Union Local 1785, is hereby acknowledged as the
Recognized Employee Organization representing only the job classification of
Motor Coach Operator, pursuant to Section 3.04(c) of Ordinance No. 801 (CCS).
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It is the mutual understanding of the parties hereto that acknowledgment of
SMART-TD as the recognized employee organization:
A. Does not preclude employees in such job classification from representing
themselves individually in their employment relations with the City.
B. Does not preclude or restrict the right of management officials to meet and
consult with employees in such employment position classification
concerning their employment relations with the City.
C. “Employee Representative” within the meaning of this Agreement shall be
a person or persons holding membership in SMART-TD, Local 1785, and
employed by the City as a Motor Coach Operator or an International
Representative of SMART-TD.
1.06. Scope of Representation
The scope of representation of SMART-TD as the Recognized Employee
Organization includes all matters relating to employment conditions and
employer-employee relations including, but not limited to, wages, hours, and
other terms and conditions of employment, except, however, that the scope of
representation shall not include consideration of the merits, necessity, or
organization of any service or activity provided by law or executive order and
shall be exercised or performed in compliance with the provisions of Ordinance
No. 801 (CCS).
1.07. Full Understanding, Modification & Waiver
The parties agree that each has had full and unrestricted right and opportunity to
make, advance, and discuss all matters properly within the scope of
representation as outlined in Section 2.05 of Ordinance No. 801. This MOU
constitutes the full and complete agreement of the parties. Each party, for the
term of this MOU, specifically waives the right to demand or petition for changes
herein; however, both parties may mutually agree to meet and confer over items
and issues contained herein.
1.08. Management Rights Reserved
The City retains all rights not specifically delegated by this Agreement, including,
but not limited to, the exclusive right to:
A. Direct, supervise, hire, promote, transfer, assign, schedule, and retain
employees; and, for proper cause, suspend, discipline and discharge
employees.
B. Relieve employees from duties in accordance with the Santa Monica
Municipal Code.
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C. Determine the services to be rendered, operations to be performed,
utilization of technology, and overall budgetary matters.
D. Determine the appropriate job classifications and personnel by which
government operations are to be conducted.
E. Determine the overall mission of the unit of government.
F. Maintain and improve the efficiency and effectiveness of government
operations.
G. Take any necessary actions to carry out the mission of an agency in
situations of emergency.
H. Take whatever other actions may be necessary to carry out the wishes of
the public not otherwise specified above or by collective agreement.
1.09. Peaceful Performance of City Services
It is mutually understood and agreed that participation by any employee in a
strike or a concerted work stoppage terminates the employment relationship in
the absence of specific written waiver of such termination by an authorized
management official.
A. The protection of the public health, safety, and welfare demands, and the
parties agree, that none of the parties hereto nor any person acting in
concert with them will encourage, condone, assist, sanction or take part in
any strike, walkout, sit-down, slowdown, concerted work stoppage,
picketing, stay-away, retarding of work, abnormal absenteeism,
withholding of services, or any other form of interference with or limitation
of the peaceful performance of City services. Violation of any provision of
this MOU by either party hereto shall be cause for either party to avail
itself of whatever remedies may be available to the parties in law or in
equity.
B. In the event that there occurs any strike, concerted work stoppage,
cessation of work, slowdown, sit-down, stay-away, illegal picketing, or any
other illegal form of interference with or limitation of the peaceful
performance of City services, the City, in addition to any other lawful
remedies or disciplinary actions, may by action of the City Manager,
cancel any or all payroll deductions, prohibit the use of bulletin boards,
prohibit the use of City facilities, and prohibit access to former work or duty
stations.
C. The City agrees that there shall be no general lockout of bargaining unit
members.
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1.10. Validity of MOU
If any provision of this MOU is determined to be invalid or illegal by a court of
competent jurisdiction, then such provision shall be severed from this MOU, but
the remainder hereof shall remain in full force and effect. The parties hereto shall
immediately commence to negotiate for the purpose of replacing any such invalid
or illegal provision.
Should any change be made in any federal or state law, or in any rules and
regulations implementing such legislation, or in any City Charter provision or civil
service rule and regulation which would be applicable and contrary to any
provision herein contained, then such provision of this MOU shall be
automatically terminated, but the remainder of this MOU shall remain in full force
and effect. Such legislation and/or rules and regulations shall supersede this
MOU and applicable clauses shall be substituted for those ruled invalid or illegal.
The parties hereto shall immediately commence to negotiate for the purpose of
replacing any such invalid or illegal provision.
Further, if any additional costs for compensation to employees covered by this
Agreement would be imposed on the City because of the interpretation and/or
application of any provision(s) of this Agreement by reason of the Fair Labor
Standards Act (FLSA), such provision(s) shall become inoperative to the extent
that such provision(s) impose(s) additional costs on the City. Such provision(s)
shall be changed to create no additional costs to the City by reason of the
application of the FLSA.
1.11. Captions for Convenience
The captions herein are for convenience only and are not a part of the MOU and
do not in any way limit, define, or amplify the terms and provisions hereof.
1.12. Non-Discrimination and Equal Employment
SMART-TD and the City agree to adhere to any anti-discrimination and
harassment in the workplace policies set forth in the City of Santa Monica
Administrative Instructions as well as applicable federal and state anti-
discrimination and equal employment opportunity laws.
Employees shall not be subject to intimidation, retaliation, or discrimination for
exercising their legitimate rights under these policies.
1.13. Definitions
The following definitions are to be applied in the interpretation of this MOU:
A. “As-needed Position” means a position that is: (a) not specifically itemized
in the budget but authorized under temporary employees; (b) paid in
accordance with FLSA for all hours worked; (c) not eligible to accumulate
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fringe benefits; and (d) to be filled from eligible lists when possible but
which may be filled, at the discretion of the Director of Human Resources,
with qualified applicants not on eligible lists, since such positions cannot
acquire civil service status. Wages, hours, and other conditions of
employment of as-needed employees are not covered in this MOU except
as noted in Article V, Section 5.02.
B. “Date of Entrance Anniversary” means the date that recurs annually after
the date of entry into the position of Motor Coach Operator in the
Classified Service of the City, either by original employment or re-
employment. The date of entrance anniversary for employees with broken
service is the date on which the last unbroken service was effective.
C. “Extra Board” means the procedure by which open runs or work
assignments are made.
D. “Extra Operator” means a Motor Coach Operator who does not bid a
regular run or assignment and whose work assignments are all made
through the extra board.
E. “Full-Time Employee” means:
(1) An employee who is an incumbent of the line-item position of Motor
Coach Operator; or
(2) An employee who is an incumbent of the line-item position of Motor
Coach Operator on authorized leave of absence from his or her
position, which position is being held pending the employee’s
return.
F. “Modified Work Schedule” means any time a Motor Coach Operator is
working out of their regular bid assignment.
G. “Nearest Cent” means the next lower cent when the computed amount is
50/100th of a cent or less and the next higher cent when the computed
amount is 51/100th of a cent or more.
H. “Permanent Part-Time Position” means a position that is: (a) itemized in
the budget; (b) paid in accordance with FLSA for all hours worked; and (c)
filled from eligible lists. Wages, hours, and other conditions of employment
of permanent part-time employees are covered by this MOU.
I. “Regular Operator” means a Motor Coach Operator who has bid a regular
run or assignment.
J. “Regular Run” means a work assignment which is included, by the
management, in a posted breakdown of operating schedules and contains
regular working time and regular pay time.
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K. “Salary Range” for full-time Motor Coach Operators means the six step (1
through 6) hourly or bi-weekly pay scale described in Subsection B. below.
L. “Salary Range Steps” for the job classification of Motor Coach Operator
means and is established to bear the following percentage relationship to
the step 6 salary computed to the nearest cent, with attainment based
upon the following amounts of service in the position:
Step 1 - 70% of Step 6 during 1st year of employment
Step 2 - 750% of Step 6 during 2nd year of employment
Step 3 - 80% of Step 6 during 3rd year of employment
Step 4 - 85% of Step 6 during 4th year of employment
Step 5 - 90% of Step 6 during 5th year of employment
Step 6 - 100% after 5th year of employment
M. “Split Run” means a run that has two or more parts with elapsed time
between the ending and beginning of each part.
N. “Straight Run” means a run that has continuous pay time from the time of
starting to work until the run is completed.
O. “Tripper” means any work shown on a schedule which is not part of a
regular run.
P. “Work Period” means the recurring seven-day cycle commencing at 3:00
a.m. Sunday through 2:59 a.m. the following Sunday.
1.14. Overpayment Remedy
Employees shall reimburse the City for any overpayment of wages or benefits.
Said reimbursement is not required until the City notifies the affected employee in
writing. Reimbursement may be accomplished by a lump-sum deduction made
on the next subsequent employee payroll warrant following overpayment
notification, or by other reasonable repayment method mutually acceptable to the
employee and the City, except that lump-sum deduction is required if the next
subsequent employee payroll warrant is the final or termination warrant issued to
the affected employee.
1.15. Payments at Termination
When a full-time employee leaves the service of the City, that employee is
entitled to lump-sum payoff of vacation leave only. No claim may be made
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against the City for the use or payoff of unused sick leave, nor can the effective
date of termination be extended by use of sick leave or vacation.
1.16. Compensation & Benefits for Permanent Part-Time Employees
Permanent part-time employees in the position of Motor Coach Operator shall be
paid in accordance with the salary schedule set forth in Section 1.13, Subsection
B. of this Agreement. Permanent part-time employees in the position of Motor
Coach Operator shall be paid for all hours worked in accordance with the Fair
Labor Standards Act (FLSA). Permanent part-time employees shall accrue
vacation, sick leave, and other time off on a half-time (0.5) basis. Permanent
part-time employees shall receive four hours of holiday pay for each holiday
which the employee is entitled to receive per Section 4.01 of this Agreement.
Health insurance coverage (i.e., medical insurance, dental insurance, vision
insurance) is outlined in Section 3.02 of this Agreement.
An employee hired as a permanent part-time Motor Coach Operator shall only be
subject to one 12-month probationary period as a Motor Coach Operator,
regardless of whether the employee’s City service is on a part-time or full-time
basis. However, upon the determination of the Director of Transit Services, said
probationary period can be extended for up to one additional 3-month period.
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ARTICLE II: COMPENSATION
2.01. Effective Date of Increase
Notwithstanding any other provision contained herein, changes to the salary
range and salary related benefit changes provided herein shall become effective
on the first day of the payroll period closest to the effective date stated herein. If
the effective date stated herein falls on the Sunday in the middle of a pay period,
the effective date shall be the first day of the following payroll period.
2.02. Salaries
Salaries of full-time employees covered herein shall be on an hourly rate, paid on
a biweekly equivalent basis.
There shall be no salary increases in FY 20/21 or FY 21/22. However, the City
and SMART-TD shall meet no later than December 1, 2021, to negotiate a salary
increase effective July 1, 2022. The City shall guarantee that the minimum salary
increase resulting from such negotiations shall be no less than 1.5%.
A. Effective the pay period closest to October 1, 2017, the step 6 salary for
all employees covered hereunder shall be $29.34 per hour. The increase
in the hourly rate reflects an equity adjustment to keep the salaries in line
with salaries in the applicable labor market.
B. Effective the pay period closest to July 1, 2018, the step 6 salary for all
employees covered hereunder shall be $29.81 per hour. The increase in
the hourly rate reflects an equity adjustment to keep the salaries in line
with salaries in the applicable labor market.
C. Effective the pay period closest to July 1, 2019, the step 6 salary for all
employees covered hereunder shall be $30.25 per hour. The increase in
the hourly rate reflects an equity adjustment to keep the salaries in line
with salaries in the applicable labor market.
2.03. Performance Evaluations and Effect of Job Performance on Salary
There will be no step increase of any kind as a result of a NOT ACCEPTABLE
rating on the employee’s performance evaluation. There will be no subsequent
increase in wages until the NOT ACCEPTABLE rating has improved to at least
the MEETS OVERALL STANDARDS level. If performance is rated NOT
ACCEPTABLE, the employee will be rated every 90 days for nine months, with
the first 90-day rating being called a performance status report, which is not an
official performance evaluation. If the employee receives a performance rating of
at least satisfactory (MEETS OVERALL STANDARDS) by the end of either the
six-month or at the nine-month review period, he/she shall receive the salary
increase that had been delayed. The salary increase will become effective as of
the pay period following the date on which the employee has brought his/her
performance rating up to at least the satisfactory (MEETS OVERALL
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STANDARDS) level. If the performance evaluation is not completed in
accordance with the review schedule set forth in this provision (i.e. the evaluation
is late), the salary increase shall be retroactive to the pay period following the
date on which the evaluation was due, providing the employee has brought
his/her overall performance up to a MEETS OVERALL STANDARDS level.
In addition, there shall be no step increase of any kind as a result of two
consecutive BELOW SATISFACTORY ratings on the employee’s performance
evaluation. The employee will be rated every 90 days for nine months. If the
employee receives a performance rating of MEETS OVERALL STANDARDS by
the end of either the six-month review period or at the nine-month review period,
he/she shall receive the salary increase that had been delayed. The salary
increase will become effective as of the pay period following the date on which
the employee has brought his/her performance evaluation rating up to the
MEETS OVERALL STANDARDS level. If the performance evaluation is not
completed in accordance with the review schedule set forth in this provision (i.e.
the evaluation is late), the salary increase shall be retroactive to the pay period
following the date on which the evaluation was due, providing the employee has
brought his/her overall performance up to a MEETS OVERALL STANDARDS
level.
Employees who have reached Step 6 of the salary range shall continue to
receive an annual performance evaluation but will not receive an overall rating.
2.04. Overtime
Regular Operators and Extra Operators shall be paid for overtime work
performed at the direction of the Director of Transit Services at the rate of time
and one-half for each hour in excess of 8 hours in any one day and each hour in
excess of 40 hours in any work period, computed to the nearest tenth of an hour.
Regular Operators and Extra Operators who are not scheduled to work on a
holiday shall be paid for 8 hours at straight time for each of the authorized
holidays.
Regular Operators and Extra Operators who are required to report for duty on an
authorized holiday shall be paid double time for all hours worked. The double
time includes the 8 hours of paid holiday time. The only exception will be if any of
the first 8 hours worked on the holiday exceed 40 hours of paid work time for the
work week in which the holiday occurs. In that case, those work hours during the
first eight hours worked which exceed the 40 hours for the work week will be paid
at double time and one-half. Those hours worked during the first 8 hours which
do not exceed 40 hours of paid work time for the work week shall be paid at
double time. In no event, however, shall the pay received for hours worked be
less than the equivalent of 13 hours and 20 minutes at straight time.
Any full-time or part-time employee who is scheduled to work on a holiday and
who fails to work because of a miss-out or late report shall not receive pay for
that day. If the employee then receives another assignment and works on the
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holiday, he/she shall be eligible to receive holiday pay, provided that he/she has
worked his/her regularly scheduled day prior to and following the holiday, and
will be paid at the applicable rate of pay (as set forth in paragraph 3 above) for
actual hours worked.2.05. Bilingual Skill Pay
Qualified employees who meet the following criteria shall receive a bilingual skill
pay of a bi-weekly amount of $23.08:
A. The employee may be assigned to speak or translate a language other
than English. This may include specialized communication skills such as
sign language.
B. There is no limit on the number of employees who can be assigned to
speak or translate a language other than English, as long as the employee
regularly utilizes such skill during the course of his/her duties or upon
request of City management.
C. An employee must be certified as qualified through an examination
administered by the Human Resources Department.
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ARTICLE III: SUPPLEMENTAL BENEFITS
3.01. Retirement
The City is a contract member of the California Public Employees’ Retirement
System (“CalPERS”), and it is understood and agreed that such membership will
be maintained and that employee eligibility classification, contribution, and
benefits are as prescribed in the contract between the City and CalPERS
heretofore approved by the City Council.
The City shall pay on behalf of each permanent employee covered herein the
employee’s contribution to CalPERS, not to exceed 8% of the employee’s
compensation that is subject to contributions to CalPERS. These payments are
not increases of salary and no salary range applicable to any of the affected
employees shall be changed or be deemed to have been changed by reasons of
such payments; as a result, the City will not treat these payments as ordinary
income and thus will not withhold federal or state income tax therefrom. The
City’s practice will be to report these payments as being those of the employee
so that they will be credited to the particular employee’s individual account with
CalPERS and upon separation will belong to the employee and can be withdrawn
by the employee if he/she does not retire under CalPERS.
In addition, the City, as allowed by Government Code Section 20636(c)(4), will
report to CalPERS as compensation earnable the monetary value of normal
contributions paid by the City on behalf of each employee covered by this MOU
(also known as the “Employer-Paid Member Contribution,” or “EPMC”) pursuant
to the provisions of Government Code Section 20691, as described above in this
Section. In return, for employees covered herein, there shall be deducted from
the net income of each employee the added cost to the City resulting from paying
employer and employee retirement contributions on the EPMC, which is an
amount equal to the product obtained by multiplying the value of the EPMC by a
percentage equal to 8% plus the City’s prescribed contribution rate to CalPERS
(which is subject to annual adjustment). The City will take the steps required to
implement this provision as soon as the parties representing SMART-TD and the
City have signed this Agreement. The effective date of the provision will be
contingent upon the time lines required by CalPERS and the dates on which City
Council takes the actions required by CalPERS.
3.02. Health Insurance Programs
A. Medical Insurance
The medical insurance provision for employees is set forth in an umbrella
agreement that covers City bargaining units represented by the Coalition,
which is comprised of the following City bargaining units: Administrative
Team Associates (ATA), International Brotherhood of Teamsters, Local
911 (Teamsters), Management Team Associates (MTA), Supervisory
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Team Associates (STA), Public Attorneys Union (PAU), Public Attorneys’
Legal Support Staff Union (PALSSU), Municipal Employees Association
(MEA), SMART-TD, and members of the Executive Pay Plan (EPP).
B. Dental Insurance
Dental insurance coverage shall be provided at no cost to employees and
their eligible dependents provided that employees covered herein
participate in the City-offered dental insurance programs. The City retains
the right to change the provider of this benefit.
C. Vision Insurance
The City agrees to provide vision care insurance, at no cost, to
employees. The City retains the right to select the provider and to set the
levels of coverage for said vision care insurance plan. The City also
retains the right to change the provider of said vision insurance plan
and/or the level of benefits provided under that plan without meeting and
conferring.
D. Long Term Disability Insurance
As of FY2008-2009, the City agrees to maintain a long-term disability
insurance plan for permanent employees covered hereunder at no cost to
the employee. There shall be no reduction in the long-term disability
payment the employee is entitled to receive unless said changes are
mandated by the long-term disability insurance plan provider. The waiting
period for long-term disability benefits for an employee who qualifies for
said benefits shall be 60 days. The long-term disability insurance benefits
will be equal to 60% of either the employee’s base salary or $6,667.00 per
month, whichever amount is less, reduced by the employee’s income from
other sources.
3.03. Unused Sick Leave Upon Retirement
Each Motor Coach Operator with ten or more years of service with the City who
has at least 50 days of unused accrued sick leave when he/she retires from the
City, may convert all unused accrued sick leave to dollars, which can be used to
purchase medical insurance coverage for the employee and his/her spouse. The
employee will be given the actual dollar value of the sick leave, which is
converted based on the employee’s base rate of pay on the date that he/she
retires from the City. Those funds shall be set aside and shall be used to
reimburse the employee for the cost of medical insurance coverage. This will
include payments that the employee makes into the Medical Trust, described in
the umbrella agreement referenced in Subsection A. of Section 3.01 of this
Agreement, after his/her separation from the City. Reimbursement for medical
insurance coverage will be made when the retiree submits proof of payment for
medical insurance coverage.
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3.04. Uniform Allowance
Each employee occupying the position of Motor Coach Operator shall receive a
one-time lump sum voucher of $500. Once an employee becomes a full-time
Motor Coach Operator and has successfully completed six months of
employment as a regularly authorized full-time Motor Coach Operator, the
employee shall receive an annual lump sum voucher of $400.The employee shall
receive a bi-weekly uniform allowance of $6.92, which will be paid on a regular
paycheck. The $400 voucher and $6.92 bi-weekly uniform allowance becomes
effective the pay period including September 1, 2018.
3.05. Eye Examinations
The City agrees to pay for the eye examination required for reissue of Class A
and Class B California Driver’s License. Said examinations shall be performed by
a doctor(s) designated by the City.
3.06. Motor Coach Operator Trainee Instructor
A Motor Coach Operator assigned as an instructor with a Motor Coach Operator
Trainee shall be paid a flat $3 per hour bonus when so assigned, in addition to
the regular salary. When a Motor Coach Operator is requested to perform an
alternate working assignment as a Motor Coach Operator Trainee Instructor
(Classroom Instructor or Associate Instructor), he/she will be assigned to work
the total number of paid hours of his/her regular assignment. For hours worked in
the training assignment, he/she shall receive the hourly bonus specified above.
3.07. Bus Passes
All Motor Coach Operators shall be issued a free bus pass for use by the
employee. Free bus passes will also be issued to the employee’s eligible
dependent(s), with an eligible dependent being defined as a dependent who is
eligible to receive medical insurance coverage through a City-provided medical
insurance plan. Retired Motor Coach Operators who have retired from the City
and who live within the area serviced by the department shall be issued free bus
passes upon request.
3.08. Verification of Transit Training (V.T.T.) Certificate
The City agrees to reimburse all employees for the renewal of a Class A or B
driver’s license.
Motor Coach Operators are required to keep their Verification of Transit Training
(V.T.T.) certificates continuously active. Motor Coach Operators who allow their
certificate to expire will be subject to separation for not meeting the minimum
qualifications of the position.
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Motor Coach Operators will be scheduled to complete the hours of mandatory
training needed to maintain their V.T.T. certificate. In order to conform to V.T.T.
requirements, this one day shall fall between the birthdays of each individual
employee. The employee will be paid for the actual hours spent in training at the
applicable hourly rate of pay.
3.09. Deferred Compensation
The City has established and shall maintain a deferred compensation plan
pursuant to the provisions of Section 457 of the Internal Revenue Code. Each
employee, at his or her sole discretion, may defer and have deposited into a City
457 plan a portion of his or her compensation up to the maximum amount
permitted by law.
Effective January 1, 2018upon full ratification and City Council adoption of this
Agreement, the City shall contribute $2330.007 bi-weekly on behalf of each
employee to this deferred compensation plan.
Effective July 1, 2022, the City shall contribute $32.50 bi-weekly on behalf of
each employee to this deferred compensation plan.
3.10. Sick Leave Cash-Out
The employee has the annual option to be paid for certain unused sick leave on
the terms noted below or to “bank” unused sick leave. An employee can also
elect to split the number of sick leave days subject to buy back and can
designate that a portion of those days, as specified by the employee, be placed
in the employee’s sick leave “bank” as opposed to being cashed out.
Payment at the employee’s hourly rate of pay as of the end of the fiscal year
during which the sick leave was earned but not used, excluding any special
assignment or bonus pay, shall be made only to employees on the payroll as of
June 30th of that fiscal year. To qualify for payment an employee must have a
sick leave “bank” of 12 days. For the purposes of this Section, “bank” shall mean
sick leave earned in prior years and reported in the “Sick Leave Balance Brought
Forward from Prior Contract Year” column of the “Vacation, Sick Leave and
Compensatory Time” report issued by the Finance Department at the beginning
of the fiscal year during which payable sick leave is earned.
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Annual sick leave payoffs under this Section for employees with less than ten
years of service shall be made according to the following schedule:
Sick Leave Days Used
In the Fiscal Year
2
3
4
5
6
7
8 or more
Sick Leave Days Payable
At Fiscal Year End
6
5
4
3
2
1
0
Annual sick leave payoffs under this Section for employees with ten or more
years of service shall be made according to the following schedule, provided that
there are enough sick days accrued in the employee’s sick leave bank to cover
the payoff described below:
Sick Leave Days Used
In the Fiscal Year
2
3
4
5
6
7
8
9
10
11
12
13
14 or more
Sick Leave Days Payable
At Fiscal Year End
12
11
10
9
8
7
6
5
4
3
2
1
0
It is mutually acknowledged by the parties that the use of Code 40 or paid time
off as it applies to this Section which was not appropriately scheduled in advance
will disqualify an employee from eligibility for payment under this Section.
Notwithstanding the foregoing, the use of Code 40 while out on workers’
compensation leave will not disqualify the employee from being eligible for Sick
Leave Buy Back.
Sick leave for which payoff is received shall be considered “used” in that it will
not be added to the “bank” (or, if added to the “bank” prior to the payoff date,
shall be removed from the “bank”).
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3.11 Vacation Cash-Out
Each employee has the annual option to cash out accrued vacation leave based
upon the years of service completed at the time of the exercise of the option, as
follows:
Years of Service Completed Maximum number of cashable hours
Less than 10 years Up to 40 hours
More than 10 but less than 15 years Up to 60 hours
15 or more years Up to 80 hours
In order to exercise this option, an employee must, prior to the end of the
calendar year, designate up to the applicable maximum number of hours that
he/she would like to cash out in the ensuing calendar year. If the employee fails
to make a designation, he/she will not be allowed to cash out any hours in the
ensuing year.
Once an employee has elected to participate in the Vacation Cash-Out Program,
the total number of hours designated for cash-out will be automatically processed
and paid. If an employee has a lower balance of vacation leave than elected
vacation hours, only available vacation hours at the time of cash-out will be
processed.
For employees who elect to cash out vacation hours as specified above, those
hours will be paid to the employee at the end of the fiscal year at the same time
as the Sick Leave Buy Back Program.
3.12 Tuition Reimbursement
The City will reimburse permanent full-time employees for the cost of tuition and
required study materials for career improvement or job enhancement courses
approved by the Department Head and subject to appeal to and approval of the
Director of Human Resources. The amount allowed under this provision shall
equal the total cost of tuition (exclusive of lodging and meals) and the total cost
of required study materials, provided however, that:
A. The maximum amount per employee shall not exceed $2,750 per fiscal
year.
B. The course of study must be approved in advance by the employee’s
Department Head and the Human Resources Director. The course of
study must be taken from an accredited college or university.
C. The course must be directed to qualify the employee for employment in a
position represented in the City work force or to enhance current job skills.
D. Only employees who have completed an initial probationary period with
the City are eligible for this program.
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E. Courses covered by this provision must be taken on the employee’s time
or on authorized vacation leave.
F. The employee must exhibit some reasonable expectation of qualifying for
the new position upon successful completion of the study course if that
was the reason for the course.
G. The tuition and other covered expenses shall be paid in advance by the
City upon the pre-authorization of the course by the Department Head and
the Director of Human Resources. Proof of completion must be provided
to the Human Resources Department.
H. In no event shall the amount of this City-paid benefit be reduced when
there is an outside source of aid except in those cases where the aid from
any outside source, plus the amount of the City-paid benefit, exceeds the
cost of tuition and study material for the approved study course.
I. The procedure to be followed with regard to the administration of the
tuition payment program shall be established by the Human Resources
Department. Prior to the implementation of any revisions to the procedure,
the Human Resources Department will meet with STA to review the
changes.
J. If the employee does not pass the pre-authorized course or separates
from City employment before completing the course, the employee is
required to reimburse the City for any payment made by the City under
this provision.
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ARTICLE IV: LEAVES
4.01. Paid Holidays
A. Full-time and permanent part-time employees shall receive the following
paid holidays:
Upon hire in a full-time position:
New Year’s Day
Martin Luther King’s Birthday
Presidents’ Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day
Two floating holidays
Additionally, after one year of employment:
Easter Sunday
Additionally, after two years of employment:
One additional floating holiday
B. Floating holidays, subject to management approval, may be taken at any
time throughout the fiscal year. Payment for these floating holidays shall
be eight hours straight time pay. This holiday benefit will accrue on a fiscal
year basis and will be available to each active employee who is on the
payroll at each July 1st, and who has attained six months’ service prior to
that date. This holiday benefit cannot be carried over from year to year;
however, eligible employees may receive eight hours straight time pay in
lieu of taking the holiday. For bidding purposes, one floating holiday can
be used as a part of a bid vacation week.
C. The administration or application of paid holiday provisions and the
scheduling and payment for such holidays shall be as prescribed herein
and in accordance with past practices.
D. Any full-time or part-time employee who is scheduled to work on a holiday
and who fails to work because of a miss-out or late report shall not receive
holiday pay for that day.
E. Any employee who is scheduled to work on the holiday and has a late
report or miss-out, but is allowed to work on the holiday, shall receive
eight hours’ pay for the holiday, provided that he/she has worked his/her
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regularly scheduled day before and after the holiday, and will be paid at
the applicable rate of pay (as set forth in paragraph 3 of Section 2.30) for
actual hours worked.
F. Regular Operators and Extra Operators who are not scheduled to work on
a holiday shall be paid for eight hours at straight time for each of the
authorized holidays, provided that the operator has worked on his/her
regularly scheduled work day prior to the holiday and his/her regularly
scheduled work day following the holiday. Failure to work the regularly
scheduled work day, or to have approved time off, prior to, or following,
the holiday, shall result in a forfeiture of holiday pay for that holiday.
4.02. Vacation Leave
Each employee occupying a regularly authorized full-time position of Motor
Coach Operator shall accrue vacation leave with pay on the following basis:
A. Following completion of the first six calendar months of continuous service
- six working days.
B. Thereafter, up to and including five completed years of service - one
working day per completed calendar month of service.
C. Upon completion of five years of service – 1.25 working days for each
completed calendar month of service.
D. Upon completion of ten years of service - 1.5 working days for each
completed calendar month of service.
E. Upon completion of 15 years of service and thereafter - 1.75 working days
for each completed calendar month of service.
F. Accrual of vacation leave shall not exceed three times the employee’s
annual accrual of vacation.
G. Except as otherwise provided herein, the administration or application of
vacation leave provisions and the limitations on the accumulation,
proportionate accumulation, scheduling and payment for such leave shall
be as prescribed in the Civil Service provisions of the Santa Monica
Municipal Code.
4.03. Sick Leave
A. The use of sick leave shall be defined as in Section 2.04.320 of the Santa
Monica Municipal Code, herby incorporated as if set forth in full herein,
except as follows:
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Sick leave shall be defined as absence from duty because of the
employee’s illness or an off-the-job or on-the-job injury, exposure of the
employee to contagious diseases as evidenced by certification from an
accepted medical authority, medical or dental appointments of the
employee or the employee's spouse, child, parent, sibling, grandchild,
grandparent or the employee’s registered domestic partner which could
not be scheduled during non-work hours, with proper advance notification
to the employee’s supervisor, or illness or injury of the employee's spouse,
parent, sibling, grandchild, grandparent or the employee’s registered
domestic partner.
For the purposes of this section, an employee’s domestic partner and the
parents and children of the employee’s spouse or domestic partner are
covered by this provision.
B. For all full-time Motor Coach Operators, sick leave accrual shall be as
follows:
(1) After six completed calendar months of service, six working days;
(2) Thereafter, one working day for each completed calendar month of
service.
4.04. Leave of Absence Without Pay
An employee may be granted a leave of absence without pay upon application
approved by the department director, or designee, and the City Manager. Such
leave may not exceed one year’s time. Upon expiration of the leave, the
employee shall be reinstated to the position held before the leave was granted.
Such leave shall be granted only in those cases where an employee’s record of
service and qualifications make it desirable for the City to retain the employee’s
services even at the cost of some inconvenience to the City.
An employee who has been convicted of a driving violation, while in his/her own
vehicle, and has had his/her driver’s license suspended as a result of that
conviction, may be granted a leave of absence for up to six months. The
employee must have his/her driver’s license reinstated by the end of the leave of
absence. Failure by the employee to have his/her driver’s license reinstated will
result in the employee being separated from City employment for not meeting the
minimum qualifications of the position of Motor Coach Operator. Such leave of
absence shall be granted in accordance with the provisions of the Santa Monica
Municipal Code, with approval of the leave of absence only being granted in
those cases where the employee’s records of service and qualifications make it
desirable for the City to retain the employee. Final approval of the leave of
absence will require approval of the leave by the department director and the City
Manager.
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If a member of the bargaining unit accepts an official position with the SMART-
TD International Union and desires a leave of absence to serve in the official
position, such leave of absence is subject to the approval of the Director of
Transit Services and the City Manager. The employee, whether on permanent or
as-needed employment status, shall retain and accumulate applicable
departmental seniority while on said leave of absence. No more than one
bargaining unit member will be allowed such leave at the same time. Such leave
of absence shall be limited to the term of the official position.
An employee who is on a leave of absence while serving in an appointed position
with the SMART-TD International Union will not be allowed to perform any work
duties for the City during such leave, and the employee shall not receive any
employee benefits provided by this Agreement, including paid leave, or accrue
City service time during the leave of absence.
4.05. Military Leave
The City will observe the military leave requirements of state and federal law.
4.06. Jury Duty
Employees, when duly called to serve on any jury and when unable to be
excused therefrom, shall receive the regular base compensation less all jury fees
received, excluding mileage for the time required to be spent in court, provided
that the employee will be so paid for jury service for a maximum of ten working
days per fiscal year. Each employee receiving a notice to report for jury service
shall immediately notify his/her immediate supervisor. Whenever daily jury duty
scheduling permits, the employee shall return to his/her regular daily job
assignment to complete his/her regular daily work hours.
If an employee’s jury service is greater than ten working days, the employee may
submit a request for extension of jury duty pay to the Director of Human
Resources. The Human Resources Director will review each request and the
request will not be unduly denied.
When an employee is required to serve on a jury, he/she shall be placed on a
modified schedule, as set forth in Section 5.04. Employees shall return to
their normalregular run once released from jury duty.
4.07. Worker’s Compensation Leave
Employees are entitled to only those Worker’s Compensation benefits specified
under state law.
Employees shall be required to make an irrevocable decision, in writing, to
supplement or not supplement their worker’s compensation benefits with accrued
sick leave, if available, and then accrued vacation, if available, until the
employee’s accrued leave (sick leave and/or vacation leave) has been
exhausted. If the employee elects to supplement his/her worker’s compensation
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benefits, once the accrued sick leave and vacation have been exhausted, the
employee shall only be entitled to receive the Worker’s Compensation benefits
specified by State law. If the employee elects not to supplement his/her worker’s
compensation benefits, he/she shall only be entitled to receive the Worker’s
Compensation benefits specified by State law.
An employee who is out on worker’s compensation leave shall also be placed on
leave under the Family and Medical Leave Act (FMLA) if he/she qualifies for
FMLA leave. Leave under the FMLA cannot exceed 12 weeks. Worker’s
Compensation leave and leave under the FMLA shall run concurrently.
Payment of Worker’s Compensation benefits only (i.e., not being supplemented
with accrued sick or vacation hours) does not qualify as being in paid status,
since Worker’s Compensation benefits are not paid through the City’s payroll
system. Therefore, if the employee exhausts his/her accrued leave and, if eligible
for FMLA leave, has exhausted his/her FMLA leave, the employee shall
thereafter be considered to be on unpaid leave. Once the employee has been on
unpaid leave for 30 calendar days, he/she will be required to reimburse the City
for the cost of his/her medical insurance, dental insurance, and vision insurance
premiums if the employee wishes to have coverage under those plans continued.
An employee who schedules a doctor’s appointment required as a result of
his/her worker’s compensation claim shall only be paid temporary disability, as
specified by the state Worker’s Compensation regulations, for his/her regularly
scheduled work day.
4.08. Parental Leave
Employees who demonstrate that they have primary responsibility for the care of
a new child, shall be entitled to a leave of absence totaling four months
immediately following the child’s birth or adoption and upon expiration of the four
months, shall be returned to the same line-item position occupied prior to the
leave. Primary responsibility may be established by providing documentation that
the employee’s spouse is medically incapacitated or when the spouse is gainfully
employed during the same hours that the employee is normally scheduled to
work and no schedule change for the employee’s spouse is possible. Paid
vacation leave, and sick leave if applicable, as well as unpaid leave shall be
counted toward the four-month total. Sick leave applies only if the employee’s
spouse is ill and unable to care for the child or the employee has primary
responsibility for the care of the new child and the child is ill. Additional leave
may be requested under Section 4.04 of this MOU. If leave beyond four months
is approved, once the employee has been on unpaid status for 30 calendar days,
he/she shall be required to reimburse the City for the cost of his/her medical
insurance, dental insurance and vision insurance coverage if he/she wishes to
continue coverage under those healthcare plans.
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In the event of a conflict with state or federal law, the City will comply with the
provisions of applicable state or federal law.
Maternity leave is not the same as parental leave and shall be administered in
accordance with state and federal law. When an employee returns to work
following maternity leave, said employee shall be reinstated to her former
position.
4.09. Family Leave
Unless the employee is out on workers’ compensation leave, the employee who
qualifies for leave under the Family and Medical Leave Act (FMLA) shall be
required to exhaust all of his/her accrued sick leave and accrued vacation before
the employee will be placed on leave without pay for the remainder of the time
period covered by the FMLA. During the period of time that the employee is on
leave under the FMLA (not to exceed 12 weeks), the City shall continue to pay
the premiums for the employee’s current medical insurance, dental insurance,
and vision insurance coverage.
Additional leave may be requested in accordance with Section 4.04 of this MOU.
If additional leave without pay is granted, once the employee has been in unpaid
status for 30 calendar days, he/she will be required to reimburse the City for the
cost of his/her medical insurance, dental insurance, and vision insurance
premiums if the employee wishes to have coverage under those plans continued.
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ARTICLE V: WORKING CONDITIONS
5.01. Safety
The City shall provide a reasonably safe and healthy working environment in
accordance with applicable state and federal laws and other applicable laws and
regulations. SMART-TD agrees that where safety devices or items of protective
equipment are required or furnished, their use shall be mandatory.
All Motor Coach Operators required by the Director of Transit Services to attend
departmental safety meetings shall be compensated at the applicable rate of pay
for actual time spent in attendance at the meeting.
5.02. Part-Time and As-Needed Motor Coach Operators
Notwithstanding any past practices or other provisions noted herein, the Director
of Transit Services may hire part-time Motor Coach Operators as follows:
A. The maximum number of part-time Motor Coach Operators shall not
exceed 20% of the number of full-time budgeted Motor Coach Operators,
rounded to the nearest unit. Effective as soon as practicable following
Council approval of this Agreement, the maximum number of part-time
Motor Coach Operators shall be increased to 22% of the number of full-
time budgeted Motor Coach Operators, rounded to the nearest unit. At
the end of this Agreement, the maximum number of part-time Motor
Coach Operators will revert to 20%.
Part-time Motor Coach Operators may work any weekend assignment and
regular weekday assignment that is open due to unscheduled or excused
absences, with the exception of bid vacations, as long as the day-off call
list has been exhausted.
B. Part-time Motor Coach Operators shall be paid for all the time during
which they are required to perform any duties. Part-time Motor Coach
Operators are not eligible for time or pay guarantees or for penalty pay
provisions.
C. Part-time Motor Coach Operators are eligible for paid leave or other fringe
benefits as provided in Section 1.16 of this MOU.
D. A daily work sheet including the names and work assignments of part-time
Motor Coach Operators will be maintained in the Dispatch office. Hours
worked during the pay period by part-time employees shall be available in
the Dispatch office and can be reviewed by SMART-TD representatives. A
list of all part time Motor Coach Operators will be maintained in the office
of the Director of Transit Services and will be available by appointment for
review by any authorized officials of SMART-TD during regular business
hours.
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E. Notwithstanding any provisions noted above, as-needed Motor Coach
Operators may also be hired by the Director of Transit Services to work
assignments that are unwanted by permanent part-time or full-time Motor
Coach Operators. Before any as-needed Motor Coach Operators are
offered assignments under this paragraph, said assignments will be
offered to permanent part-time and full-time Motor Coach Operators with
full-time Motor Coach Operators being given priority.
5.03. Assured Work Schedule
Regular Operators and Extra Operators who complete a daily assigned run shall
receive eight hours’ pay at straight time, even though the complete daily
assignment does not include eight full hours of work.
Regular Operators and Extra Operators will be paid at the rate of time and one-
half for working on any regular day off, and such operator who works on a day off
will be guaranteed a minimum of five hours and 20 minutes at time and one-half.
Regular Operators who complete a regularly assigned split run shall receive eight
hours’ pay at straight time for the first ten hours of the regular assignment, even
though such assignment does not include eight full hours of work, and time and
one-half for all elapsed time in excess of such ten hours.
When on any day, other than a day off or a holiday, an Extra Operator is required
to report for duty, the operator shall receive eight hours’ pay at straight time,
even though the assignment does not include eight full hours of work, and time
and one-half for all elapsed time in excess of 11 hours. However, when an Extra
Operator is assigned a regular run, such Extra Operator will be paid under the
same conditions as a Regular Operator.
5.04. Modified Work Schedule
The Motor Coach Operator shall be placed on a modified work schedule, with
management establishing the modified work schedule, including days off, for the
following situations, with the Motor Coach Operator being paid for actual hours
worked at the applicable hourly rate of pay:
• All scheduled required training
• Jury duty (covered by Section 4.06)
• Special assignments which are agreed to by the Motor Coach Operator
The Extra Board will be assigned to fill-in behind a Motor Coach Operator who
has been placed on a modified work schedule.
When a Motor Coach Operator is scheduled for training that is less than 8 hours,
every attempt will be made to return the operator to his/her regularly scheduled
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run, time permitting. When returning the operator to his/her regularly scheduled
run is not possible, the operator will be given a “shine” assignment. Every
attempt will be made to schedule training during the operators’ normal work
hours. When this is not possible, operators will be given 72 hours’ notice.
Training on regular work days will not occur more than 2 hours prior to or 2 hours
after the operator’s shift.
5.05. Open Run Scheduling
A. Open run bids will be conducted only in the following situations: (1) when
a work run is open due to a permanent full-time Motor Coach Operator
vacancy, as a result of resignation, retirement or termination of
employment; and (2) when an employee has notified BBB management, in
writing, that he/she will be absent from work for 60 days or more.
Motor Coach Operators who have been in a long-term absence (60 days
or more) at the time of the bid, will not bid runs, as part of the regular
shakeup (the “original operator”). If a Motor Coach Operator returns from
the long-term absence during an ongoing shake-up, their work is assigned
as follows: the Motor Coach Operator will first select their days off based
on seniority at the time of the bid. Then, the Motor Coach Operator may
select the following options: a) work a current open runs or b) work the
extra board based on their seniority.
B. Voluntary Call Back
The Department shall maintain a Voluntary Call Back (VCB) assignment
list for open run work. A Motor Coach Operator may sign up to be on the
VCB list at the time of the shake-up in order to be eligible to work on
his/her day off. The VCB list shall be ranked by seniority.
5.06 Extra Board Assignments
Employees at the time of a shake-up/bid may select the position of extra board in
seniority order. Extra Operators shall bid days off at the shake-up bid with the
understanding that days off can change on a weekly basis. Eighty-five percent of
the extra board assignment shall have consecutive days off (i.e., Saturday-
Sunday, Sunday-Monday, etc.). By selecting the position of extra board, Extra
Operators understand that they must work the extra board assignment five days
a week.
5.07. Part-Time Motor Coach Operator Work
The City has the option of filling a full-time Motor Coach Operator assignment
with a permanent part-time employee, based on seniority, if a full-time employee
separates from the City creating a permanent vacancy, with the part-time
employee filling that assignment until an open run bid or for no more than 30
days, whichever occurs first. The City would then have the option of filling the
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permanent vacancy during the next open-run bid by moving a part-time
employee into a full-time position.
5.08. Sign-On Time
A. When a Motor Coach Operator is required by the department director to
report to the dispatcher 13 minutes before pull-out time, said 13 minutes
shall be allowed at the regular rate of pay for the purpose of checking the
bus to see that it is ready for assignment.
Effective upon full ratification and City Council adoption of this Agreement,
the City shall provide an additional fifteen (15) minutes of sign-on time, for a
total of twenty-eight (28) minutes of sign- on time. Effective January 1,
2022, the additional fifteen15 minutes of sign-on time shall be reduced to
ten (10) minutes of additional sign- on time, for a total of twenty-three23
minutes of sign-on time. The additional sign-on time shall cease effective
June 30, 2022, and shall revert to thirteen (13) minutes.
B. When a Motor Coach Operator is required by the department director to
report to the dispatcher three minutes before leaving to make relief on a
line, said three minutes shall be allowed at the regular rate of pay.
5.09. Accident/Incident Report Time
All Motor Coach Operators required by the department director, or his/her
designee, to complete a report (i.e., for either an accident or incident), shall be
paid $14) for completing the required report. The report must be completed prior
to leaving the Bus Yard, on the same day it is requested. If an operator’s regular
sign-off time for a particular run does not require the operator to return to the Bus
Yard, the operator will be compensated for travel time at the applicable travel
time rate for returning to the Bus Yard to complete the report, in addition to the
$14 for completing the report. The department director, or his/her designee, shall
sign the initial report confirming that a report has been requested, provide the
report to the operator for completion, and then sign the report upon its
completion. A copy of the completed report will be provided to the operator.
Should the City implement an electronic system for these reports, the City will
meet and consult with SMART-TD.
5.10. Employee Parking
Employees shall be provided with a parking location and parking card or other
identification placard to park in City workplaces. In order to encourage employees
to commute using alternative means of transportation other than single occupancy
vehicle (SOV) driving, a parking cashout incentive shall be offered. Each SMART-
TD member shall have the option to commit to a non-SOV driving form of
transportation as her/his principal mode of transportation in exchange for a monthly
payment (cashout) in the amount of $100. Employees will not be eligible for
cashout if they drive alone (SOV) to work and park in an alternative location to their
designated parking location. Monthly payment will be prorated based on hours
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worked that month.
In order to facilitate the need for parking cashout participants to drive to work and
park occasionally, employees will be eligible to park at employee designated
parking locations or drive to work alone up to five times per month (based on hours
worked per month) without any effect on the employees monthly cashout. Any
additional parking utilization or drive-alone trips will be deducted from the monthly
cash-out at the rate of $10 per day with the deduction not to exceed $100 per
month.
This provision does not apply to employees who travel to and from work in a City
provided vehicle on a regular basis.
This program will be implemented effective January 1, 2018.
The employees covered by this Agreement recognize that the City must comply
with regulations issued by the Air Quality Management District (AQMD) and the
City's Transportation Demand Management (TDM) Plan Ordinance. If members of
the bargaining unit’s Average Vehicle Ridership (AVR) is not progressing towards
meeting the AQMD or TDM ordinance targets and it becomes necessary to
consider charging for parking during the term of this Agreement in order to comply
with City, State or Federal requirements regarding transportation management, the
City will meet and confer with SMART-TD, before any employee(s) would be
subject to such a charge.
5.11. Employee Medical Exams
Employees are required to attend required medical exams for the Department of
Motor Vehicles (DMV) in order to maintain the appropriate licenses. When an
employee attends an appointment on City time, the employee will be
compensated for the actual time that the employee spends at the office of the
doctor plus an additional 30 minutes for the purpose of taking the City-required
medical exam’s results to the DMV. If the employee attends their appointment on
their own time, they shall receive 30 minutes of compensation. The employee
shall schedule their appointment and provide proof of the appointment date and
time to their supervisor.
5.12. Serving in a Motor Coach Operator Supervisor Position
An employee assigned to a Motor Coach Operator Supervisor position on a
temporary or acting basis shall be paid a flat $3 per hour bonus when so
assigned, in addition to the regular salary. Acting assignments shall be limited to
180 calendar days in accordance with the Municipal Code Section 2.04.180.
Employees assigned to a Motor Coach Operator Supervisor position on a
temporary or acting basis, while working in that position, may not work overtime
or days off as a Motor Coach Operator if any portion of that calendar week was
worked in the capacity of a Motor Coach Operator Supervisor, as long as other
full-time or permanent part-time employees are available and agree to work the
assignment.
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Employees assigned to serve as a Motor Coach Operator Supervisor on a
temporary or acting basis may be called upon to issue “write-ups” and gather
information regarding accidents or complaints.
5.13. Meal and Rest Breaks
The provisions of this Section have been negotiated in recognition of Industrial
Welfare Commission Wage Order (“Wage Order”) No. 9 and the accompanying
“Statement as to Basis” concerning meal and rest periods.
This Section is intended to be in lieu of any standards regulating meal or rest
breaks, as an exception provided for under the Wage Order and the Statement
as to Basis.
It is the desire of both parties to maintain the current system of coach run and
tripper combination schedules and of work run and extra assignments.
For straight runs, split runs, tripper combinations, and extras, the parties agree
that the scheduled recovery time in the run and the penalty pay provisions
provided by this MOU shall be considered cumulatively as being the Motor
Coach Operator’s meal and rest periods.
Both parties shall be subject to final and binding arbitration of disputes
concerning the application of this Section regarding meal and rest periods, as
required by Wage Order No. 9.
If any portion of this Section is determined to be invalid or illegal by the State of
California, or any agency thereof, the parties to this MOU shall immediately
commence to negotiate a replacement section under Section 1.10 of this MOU.
If any additional cost is imposed on the City because of the interpretation or
application of this Section, the parties agree to reopen this Section only to meet
and confer, with all other MOU provisions remaining closed.
Both parties agree to consider adjustments to the system run cut to allow for
meal and rest periods where necessary. In order to ensure that the requirement
of meal and rest periods for Motor Coach Operators is met, the parties agree to
the following review process:
An employee working in a classification covered by this MOU may report to
management the need to study a specific individual trip on a work run that the
employee believes has inadequate recovery time on a consistent basis (one-time
or occasional problems will not be considered). Such requests must be submitted
in writing using the “Schedule Adherence” form. The form must be completed to
show the repetitive nature of the problem including the specific trip, day, and time
of the recurring problem. If there is a specific portion of the route that contributes
significantly to the delay or where the employee believes the running time is
insufficient, that information should also be provided.
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Management will review requests using any of the following methods: Automatic
passenger counts (APC), AVL/GPS data, supervisor spot checks, ride-alongs, or
any other method deemed necessary.
If the final result of the analysis shows that a change needs to be made to the
schedule, management will inform the employee of the changes. Changes will be
implemented in a reasonable time frame. Should the final analysis show that
changes are not necessary, the justification for the “no change” decision will be
communicated to the employee.
Both parties agree that the reduction or loss of recovery time due to
circumstances beyond the control of management, for example, traffic accidents,
incidents, road work/construction, start of the school semester, detours, special
events, railroad crossing delays, delays due to inclement weather, driver
behavior, etc. will not be considered as valid complaints for schedule changes or
penalties.
5.14. Notices
The SMART-TD General Chair or SMART-TD’s representative shall be given all
records regarding the assignment of work, change of assignment, or re-
scheduling of work upon request. These requests shall be handled during normal
business hours.
5.15. CHP Logs
Employees who work 12 or more hours in a day are required to complete a CHP
log. Employees who bid 12 hours or more will receive notification at the time of
bid that a log is required. CHP logs are to be submitted daily at the end of the
employee’s shift, but in no case shall be submitted more than 24 hours later. If an
employee is required to submit a CHP log and it is submitted on time, he/she
shall receive $4. If the City notifies the employee that he/she must submit a CHP
log and the employee submits it within 24 hours of the time of notification, he/she
will receive the $4.00. Failure to comply with CHP log requirements may lead to
disciplinary action.
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ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS
6.01. Payroll Deductions
It is mutually understood and agreed that the City will, subject to the provisions of
Ordinance No. 801 (CCS), and during the term of this MOU, deduct bi-weekly,
and remit to the office or officer designated in the employee payroll deduction
authorization: SMART-TD dues, credit union investments or payments, health
and hospitalization insurance premiums, and life and accident insurance
premiums. Any such payroll deductions are subject to termination by the City
Manager upon 24 hours’ notice for failure to comply with the provisions of this
MOU.
6.02. Reasonable Notice
It is mutually understood and agreed that a copy of the City Council agenda and
Personnel Board agenda for each meeting mailed to the authorized SMART-TD
representative shall constitute reasonable written notice, and notice of an
opportunity to meet with such bodies, on all matters within the scope of
representation upon which the City Council or Personnel Board may act.
6.03. Union Security
A. Maintenance of Membership
Employee payroll deduction authorizations for SMART-TD dues shall be
voluntary on the part of the employee. Membership in the union is
voluntary and shall be governed by the terms of the agreement between
the union and the individual members.
B. SMART-TD agrees to and shall indemnify and hold harmless the City of
Santa Monica, its Council, boards, commissions, officers, agents, servants
and employees from and against any and all loss, damages, liability,
claims, suits, costs and expenses, whatsoever, including reasonable
attorneys’ fees, regardless of the merit or outcome of any such claim or
suit, arising from or in any manner connected with the operation of this
Section.
6.04. Grievance and Complaint Policy
A grievance is a complaint by one or more employees concerning the application
or interpretation of the MOU, ordinances, resolution, policies, practices or
procedures affecting the employee’s wages, hours or working conditions;
provided, however, that grievances regarding disciplinary actions must be lodged
by the employee being disciplined and that appeals arising from suspensions,
demotions and removals are subject to the procedures outlined in the Santa
Monica Municipal Code, and that complaints regarding Performance Evaluations
are subject to the procedures set forth in Section 6.06 of this Agreement.
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The City agrees that employees shall be afforded all due process rights provided
under applicable law.
SMART-TD agrees that the rights of probationary employees are limited to those
provided under the Santa Monica Municipal Code and City Charter.
Step 1. The aggrieved employee(s) shall meet with the immediate
supervisor regarding the grievance, which must be stated in writing,
specifically citing the MOU provision, ordinance, resolution, rule,
policy, practice or procedure that is the subject of the grievance and
the circumstances giving rise to the grievance, within 30 calendar
days of the event giving rise to the grievance.
Step 2. If the grievance is not resolved by the end of the employee’s fifth
regularly scheduled work day following the day on which
presentation of the grievance to the immediate supervisor occurred,
the employee may, within seven regularly scheduled work days
thereafter, appeal to the second level supervisor, if any.
Step 3. If the grievance is not resolved by the end of the employee’s
seventh regularly scheduled work day following presentation of the
grievance to the second level supervisor, if any, the employee may,
within seven regularly scheduled work days, appeal to the
department director. The department director shall meet with the
employee and the employee’s representative, if any, to attempt to
resolve the grievance.
Step 4. If the grievance is not resolved by the end of the employee’s twelfth
regularly scheduled work day following presentation of the
grievance to the department director , the employee may, within
seven calendar days, appeal to the Human Resources Director,
who will investigate the grievance and make recommendations to
the City Manager, whose decision shall be final. The decision of the
City Manager shall be issued no later than the end of the forty-fifth
day following presentation of the grievance to the Human
Resources Director.
It is mutually understood and agreed that:
A. All time periods in this section may be extended by mutual consent of the
employee and the management representative involved.
B. A grievance shall be considered untimely if not presented by the employee
or SMART-TD within 30 days of the incident giving rise to the grievance or
within 30 days of its effect upon the employee in those instances where it
is shown that the employee could not reasonably have known of the
grievable action.
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C. Employees have the right to be represented in grievance matters in the
following manner:
Employees have the right to represent themselves individually in
grievance matters.
Employees may designate a member of the Department or of SMART-TD
to represent them in grievance matters at Step One and Step 2 of the
grievance process.
Employees may designate a member of the Department, a SMART-TD
representative, or a legal representative to represent them in Step 3 and
Step 4 of the procedure.
For the purposes of this Section, “days” means regularly scheduled work
days of the employees.
Reasonable time off without loss of pay or benefits shall be given to a
grievant or SMART-TD grievance representative to present grievances
and to participate in meetings or hearings with management held during
management’s working hours.
D. An employee who has initiated a grievance, or assisted another employee
in initiating or processing a grievance, shall not in any way be coerced,
intimidated, disciplined or otherwise retaliated against.
E. Written reprimands are grievable only to the level of the department
director.
6.05. Drug and Alcohol Policy
There shall be a drug and alcohol policy in place to comply with federal
requirements. The parties have agreed that this policy shall be in conformity with
federal regulations. If there are any changes in federal regulations render any
provisions of this policy invalid, then the parties will meet and commence
negotiations to replace such invalid provisions. If the City wishes to make
changes to the policy, the City will meet and confer with SMART-TD before
implementing any changes.
6.06. Performance Evaluation Appeal Procedure
Since probationary employees are “at will” until successfully completing their
probationary period, only permanent (non-probationary) employees may appeal
their performance evaluation. However, a probationary employee may attach a
response to his/her performance evaluation, with the response to be filed in
his/her personnel file.
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A. General Provisions:
(1) An appeal of a performance evaluation shall only be considered if it
is filed within ten calendar days following receipt of the performance
evaluation by the employee.
(2) All time periods regarding the appeal of a performance evaluation
may be extended only by mutual written agreement of the
employee or his/her representative and the management
representative involved.
(3) If a management representative does not meet with the employee
or render a decision within the time limits specified, the employee
may immediately exercise the next step in the performance
evaluation appeal process.
(4) An employee can elect to file a response to his/her performance
evaluation: a) in lieu of appealing the performance evaluation; b) at
any time during the appeal procedure if he/she decides to not take
the appeal to the next level listed in the appeal procedure; or c)
he/she is not satisfied with the City Manager’s written decision. The
response will be attached to the performance evaluation and filed in
the employee’s personnel file.
B. Only performance evaluations with an overall rating of NOT
ACCEPTABLE or BELOW SATISFACTORY may be appealed and shall
be processed in the following manner:
(1) Informal Discussion
If an employee believes that his/her performance evaluation does
not correspond to the facts, the employee is encouraged to meet
with his/her supervisor who completed the evaluation.
(2) First Step
The employee must submit his/her appeal to the department
director within ten calendar days following the employee’s receipt of
his/her performance evaluation, and the appeal to the department
director must be submitted in writing, with the employee specifically
stating the reasons why he/she believes the performance
evaluation needs to be revised.
(3) Second Step
The department director, or his/her designee, shall meet with the
employee within seven calendar days from the date on which the
department director’ office receives the appeal from the employee.
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Within seven calendar days following such meeting, the department
director, or his/her designee, shall give a written decision to the
employee.
(4) Third Step
If the employee is not satisfied with the decision of the department
director, within seven calendar days following receipt of the
department director’s decision, he/she may submit the performance
evaluation appeal to the Director of Human Resources. The
Director of Human Resources, or his/her designee, shall meet with
the employee within seven calendar days following receipt of the
performance evaluation appeal. The Human Resources Director, or
his/her designee, shall make such investigation as required and
make recommendations to the City Manager no more than seven
calendar days following the meeting with the employee. Within
seven calendar days following receipt of the Human Resources
Director’s recommendation, the City Manager shall render a written
decision, which shall be final.
C. Representation
(1) An employee has the right to represent him/herself individually or to
be represented by SMART-TD if the employee elects to appeal
his/her performance evaluation.
6.07 Re-openers
During the term of this agreement, upon request from either the City or the
SMART-TD, to the extent required by law, the parties shall meet and confer in
good faith regarding implementation of the City’s new Payroll/HR program with
consideration of possible adjustments to language or processes as they relate to
payroll and human resources practices.
Consistent with section 2.02, the City and SMART-TD shall re-open this MOU
no later than December 1, 2021, to negotiate a salary increaseies.
6.08 Joint Labor Management Committee
During the term of this agreement, the City and SMART-TD agree to form a Joint
Labor Management Committee to discuss and resolve ongoing labor and
employee relations issues.
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IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of
Understanding to be executed this ____ day of _____, 2021.
CITY OF SANTA MONICA
a municipal corporation
ATTEST:
__________________ ____________________
Denise Anderson-Warren Lane Dilg
City Clerk Interim City Manager
APPROVED AS TO FORM:
__________________
George S. Cardona
Interim City Attorney
SMART-TD
____________________
Erskins Robinson, Chairperson
Committee of Adjustment
____________________
Eric Dixon, Vice Chairperson
Committee of Adjustment
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EXHIBIT A
Electronic Communications Device Policy
Since January 1, 2009, the California Department of Motor Vehicles Commercial
Handbook states that commercial drivers may not use a wireless communications
device to write, send, or read text-based communications while driving a motor vehicle.
Vehicle Code Section 23125 prohibits driving a transit vehicle while using a wireless
(cell) phone.
Effective July 1, 2011, the Big Blue Bus Department’s Cell Phone Policy will be replaced
by an updated, comprehensive policy known as the Electronic Communications Device
Policy.
A Motor Coach Operator is in violation of the Electronic Communications Device Policy,
if observed using a cell phone, either hands-on or hands-free, or any other device in the
ear, such as an earpiece used for communication, headphones, speakers or any other
powered (electrical, solar, battery, etc.) device while driving a City vehicle.1 Reading,
writing or dictating of text messages while operating a City vehicle is prohibited. No
powered or listening device may be placed around the neck area or any part of the
uniform above the waist. This includes eyeglasses or sunglasses with attached or built-
in devices, cell phones or radios that allow two-way communication and/or Bluetooth or
other wireless technology. The use of earplugs or other non-electronic devices that
diminish a Motor Coach Operator’s ability to hear also constitutes a violation of the
Electronic Communications Device Policy.
Whether the violation is for text messaging (observed sending/reading and verified)
and/or cell phone usage, which includes wearing an earpiece either turned on or off at
time of observation and verified), the following penalties under this policy are as follows:
1st Offense: 25 days’ suspension.
2nd Offense within a rolling 18-month period: Termination of employment.
Should a Motor Coach Operator need to call dispatch via cell phone due to radio failure
or some emergency that prevents usage of the bus radio, the Motor Coach Operator
must first pull over at a safe location.
1 City Vehicle – Any City-owned bus, motor coach, car or truck used by the employee for City business.
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EXHIBIT B
Union Representation Policy
Purpose
This policy is established to provide clear guidance and understanding for situations
involving employee representation by organized bargaining unit representatives of
SMART-TD (the “bargaining unit”).
This policy also establishes parameters under which the City will compensate
bargaining unit representatives for time spent in meetings with the Big Blue Bus
Department or City Management (the “City”) and represented employees.
Policy
It is the policy of the Big Blue Bus Department of the City of Santa Monica to ensure
that time off, scheduling, and compensation in matters relating to the conduct of union
business are done so in accordance with the provisions of the current memorandum of
understanding and state law.
The City recognizes that employees may request bargaining unit representation in any
meeting with the City, which may lead to, or which the employee reasonably believes
may lead to, disciplinary action. In addition, employees may request bargaining unit
representation in grievances as described in the Memorandum of Understanding. This
does not include informal meetings to discuss employee performance or to conduct
initial inquiry into customer complaints where it is either unlikely or unknown if
disciplinary action may be taken against an employee. Such meetings may not
necessitate nor require bargaining unit representation or attendance. When it is
determined during a meeting that the subject or nature of the meeting may lead to
disciplinary action being proposed against an employee, the meeting will be postponed
until such time that a bargaining unit representative may be present if the employee so
chooses.
In addition, it is recognized that bargaining unit officers may meet with the City on
grievances initiated by the bargaining unit or if the meeting is requested and set by City
management. Employee representatives will be released from their work assignments
when meetings are scheduled and held during their regular work shift.
Time Off for SMART-TD Business
Employees who are SMART-TD representatives shall be allowed up to a total of 60
hours of release time each fiscal year to attend the monthly meeting of the Coalition and
the quarterly meeting of the Employee Benefit Trust. These hours per annum represent
the aggregate maximum use for all authorized representatives of SMART-TD. Time off
shall be measured from the time the SMART-TD employee reaches the dispatch office
after being relieved from a run until the time that he/she reports back to the dispatch
office to continue his/her run. Prior to such usage, SMART-TD the employee must
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receive written permission from the department director, or his/her designee, on a form
provided by the Human Resources Department.
An employee who is an authorized SMART-TD representative shall provide his/her
supervisor with at least 48 hours’ advance notice when it is necessary for the SMART-
TD employee to attend a meeting as outlined above. Time off to attend such business
shall not be unreasonably denied. Denials of time off shall be in writing and shall state
the reason(s) for the denial. The SMART-TD employee has the right to challenge the
denial of time off for attendance at such meeting, in writing, to the Director of Human
Resources. The Director of Human Resources will make the final determination. Overall
representation issues shall be addressed by the City and SMART-TD as part of an
upcoming representation policy.
If an employee who is a SMART-TD representative is relieved from his/her regularly
scheduled work assignment to handle required bargaining unit duties and is unable to
complete all of his/her scheduled work assignment(s), he/she shall receive his/her
guaranteed time for the day. However, if the employee requests to go home for the
remainder of the day and does not finish his/her regularly scheduled work
assignment(s), then the employee will only receive pay for hours actually worked and
those hours that he/she is required to handle bargaining unit duties.
Scheduling of Meetings:
Generally, meetings between employees and supervisors or Department or City
management will be scheduled around the employees’ work schedule, i.e. before,
during, or after their work shift, or during a split in the work shift.
Skelly Meetings: Upon notice to the Department by the affected employee, or his/her
representative, of a request to meet with Department management for the purpose of
responding to a proposed disciplinary action (commonly referred to as a “Skelly
meeting”), the Department will contact the employee to schedule the Skelly meeting,
taking into consideration the employee’s work schedule. The employee is responsible
for notifying the SMART-TD Chairperson should they desire to have a bargaining unit
representative present. The Department will make an effort to schedule the Skelly
meeting considering the work schedule of the Chairperson. However, should the
Chairperson not be available, the employee may designate another representative to
attend the meeting to avoid an unreasonable delay in conducting the meeting.
Additionally, there may be occasions when, due to the employee’s work schedule, the
number of meetings scheduled, scheduled vacations or work-related obligations by
management it may not be possible to schedule a meeting around the availability of the
Chairperson.
Meetings other than Skelly meetings (e.g., investigations): Other situations may arise
where supervisors or Department management may need to meet with an employee to
discuss a matter that may warrant a bargaining unit representative to be present, if the
employee so chooses. Department management will first make an attempt to notify the
Chairperson of the need to meet with the employee and a representative and the
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timeframe in which the meeting is to be scheduled. If the Chairperson is not available to
attend the meeting, the Chairperson may designate an alternate representative or the
employee may request an alternate representative. Should a member of SMART-TD’s
Committee of Adjustment (“Committee”), other than the Chairperson, request to meet
with a supervisor or Department or City management representing an employee, the
Committee member shall be responsible for providing notification to the Chairperson.
When scheduling meetings during an employee’s work shift, the employee and the
bargaining unit representative will be relieved from their work assignments no more than
30 minutes prior to the meeting and will be required to return to their assignments no
later than 30 minutes after the conclusion of the meeting. Employees and bargaining
unit representatives will be responsible for returning to duty pursuant to the procedures
and practices outlined in the attendance and miss-out policies.
Procedures
Process for requesting meetings with the Department:
The bargaining unit representative must follow the Department’s procedures for
requesting time off, if meetings with the City conflict with the bargaining unit
representative’s work schedule. When requesting a meeting with the Department, the
representative shall ask for time off using a GM or other appropriate form, describing
the purpose of the meeting, time and location of the meeting, Department
representative that the meeting is with, and the estimated time that the meeting will last.
Generally, the request for time off must be submitted at least 48 hours prior to the
meeting date and time. The Department upon receipt of this request shall advise the
representative of whether the request is approved within 24 hours of submission. This
authorization shall include the time off, time returning, and other relevant relief or
scheduling information.
Compensation
When meetings regarding employee representation matters are held during the
bargaining unit representative’s scheduled work hours, release time will be provided for
the representative. If such, meetings, as described above, are held during the
bargaining unit representatives work hours, the representative shall be compensated for
the time spent at the meeting.
Meetings held at times outside of the representative’s regular work shift or outside of
his/her scheduled split work shift are not compensable. SMART-TD representatives’
attendance at meetings of the Coalition and the Employee Benefit Trust shall be
governed by the applicable language discussed above.
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EXHIBIT C
Policy for Employee Attendance
Purpose:
The purpose of this policy is to provide guidelines for employees of the Big Blue Bus
regarding attendance, to assist the Big Blue Bus in maintaining the goal of exceptional
customer service, and to encourage good work habits. This policy will be linked to the
evaluation process and will assist with eliminating overtime due to excessive tardiness
and absences of employees and to reach the overall goal of exceptional customer
service by improving work attendance.
The attendance policy is based upon the following factors:
• Employees are expected to attend work as scheduled
• If an employee has excessive absences, it adversely affects the Big Blue Bus
customers.
• In the case of excessive absenteeism, the City will take disciplinary action, up
to and including termination from employment.
The attendance policy is not aimed at employees with uncounted absences as defined
below. The attendance policy is intended to minimize “excessive” absenteeism by
notifying employees of their counted absences when they reach certain levels of
absenteeism and taking appropriate disciplinary action when necessary.
Definitions:
Uncounted Absences
The following absences will not be counted against the employee:
• Vacation
• Holidays
• Bereavement
• Jury duty
• Military duty
• Authorized union business
• Pre-approved doctor’s appointment
• Pregnancy-related disability
• Verified industrial injury
• Verified court appearance under subpoena
• Pre-approved leave of absence
• Verified hospital stays
• Family or sick leave as prescribed by applicable state and federal law
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• Activities protected by applicable state and federal law
Counted Absences
All other absences are “counted” absences, such as illness or injury, doctor’s
appointments (other than pre-approved).
Pre-Approved Doctor’s Appointments
A pre-approved doctor’s appointment is one where the employee submits written
verification to his/her immediate supervisor that he/she is required to have medical
appointment(s) for medical treatment. The verification must (1) be presented before
11:00am on the day before the appointment(s) begins, and (2) if possible, specify how
many additional appointments are anticipated.
Verified Hospital Stays
Any use of sick leave that involves hospitalization shall not be considered a sick leave
incident for the purposes of computing sick leave incidents per rolling 12-month period,
provided that proof of hospitalization is furnished to the department director upon the
employee’s return to work. A hospitalization is defined as being admitted as an inpatient
to a medical facility or hospital.
Discipline Parameters
Progressive discipline shall be given to employees after a certain number of incidents,
outlined below. Doctor’s notes are required after five consecutive days off. (As per the
Municipal Code a doctor’s note is required after five calendar days in a year.
Incidents
An incident is defined as an absence for a period of one or more consecutive days or a
portion of a day greater than one hour.
Incident Discipline
3rd incident in a rolling 12-month period will result in a verbal warning.
5th incident in a rolling 12-month period will result in a written reprimand.
7th incident in a rolling 12-month period will result in a one-day suspension.
8th incident in a rolling 12-month period will result in a five-day suspension.
9th incident in a rolling 12- month period will result in a ten-day suspension.
11th incident in a rolling 12-month period will result in termination.
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7th incident and beyond the Director of Transit Services has the option to reduce the
disciplinary action based on circumstances and information available, on a non-
precedent setting basis.
More severe disciplinary action may be warranted or proposed based on other
disciplinary action taken during the year or based on other factors of performance such
as attendance, accidents, or other matters.
The progressive disciplinary procedures described herein are intended as guidelines
and will be imposed on case-by-case basis, giving consideration to all relevant factors.
No employee will be discharged for excessive absenteeism without just cause. Factors
to be considered in determining just cause include but are not limited to:
• length of service
• past attendance record
• length, type and pattern of absences
• whether employee was removed from service by doctor (company or personal)
The progressive discipline provided in this policy is not intended as approval to be
absent from work within the limits set forth above.
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Purpose:
EXHIBIT D
Employee Policy for Miss-Outs
The purpose of this policy is to provide guidelines for the employees of the Big Blue Bus
in regards to miss-outs and to assist in maintaining the Big Blue Bus’ goal of exceptional
customer service. This policy will be linked to the evaluation process in order to
encourage good work habits.
Definitions:
Miss out:
If you fail to report for duty within the prescribed time set forth as sign on time for your
working assignment you shall have missed out:
a) If you fail to report to the Dispatch office, in person, ready for work, at the
established sign on time.
b) If you fail to notify the Dispatch Office at least 60 minutes prior to your
reporting time that you will not be reporting for duty due to illness.
c) If involving a relief assignment, you fail to make relief at the proper time,
despite the time of sign on.
d) Operators who miss-out are expected to report for work on their next
scheduled workday.
An Operator who notifies the Dispatch Office less than 60 minute prior to their
established sign-on time or who reports to the Dispatch Office, in person, ready for work
after his/her scheduled sign on time shall be subject to an alternate assignment.
Discipline Parameters:
While it is the Big Blue Bus’s intent to correct behavior as soon as possible, progressive
discipline shall be given to employees after a certain number of Miss-outs as outlined
below:
• 3 Miss-outs in a rolling 12-month period will result in a verbal warning.
• 5 Miss-outs in a rolling 12-month period will result in a written reprimand
• 7 Miss-outs in a rolling 12-month period will result in one-day suspension
• 9 Miss-outs in a rolling 12-month period will result in five-day suspension and
final warning
• 11 Miss-outs in a rolling 12-month period will result in termination.
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*Please note that the above are guidelines. More severe disciplinary action may
be warranted or proposed based on other disciplinary action taken during the
year or based on other factors of performance such as attendance, accidents, or
other matters.
Additional Information:
Any operator who receives a miss-out automatically loses their eight-hour guarantee.
Operator will only be compensated for actual hours worked.
Unusual special circumstances for an Operator’s Miss-out may be considered by
department management if supported by appropriate documentation.
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Packet Pg. 182 Attachment: Attachment C_SMART-TD MOU 2020 - 2023 Redlined FINAL [Revision 1] (4464 : FEMA and SMART-TD MOU's)