R-9448
RESOLUTION NO. 9448
(CITY COUNCIL SERIES)
AMENDMENT TO THE
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF SANTA MONICA, CALIFORNIA
AND
PUBLIC ATTORNEYS' LEGAL SUPPORT STAFF UNION
WHEREAS, the Memorandum of Understanding between the City of Santa
Monica and the Public Attorneys' Legal Support Staff Union (PALSSU) has been in
effect since July 1, 1998 and
WHEREAS, the City of Santa Monica and PALSSU wish to modify Sections 1.05,
1.13, 2.02, 2.03, 5.03 and 5.04 of the existing Memorandum of Understanding;
NOW, THEREFORE, both parties to the Memorandum of Understanding
between the City of Santa Monica and PALSSU agree to modify the existing
Memorandum of Understanding to replace Sections 1.05, 1.13 (paragraph 1 of
subsection G only), 2.02 (subsection A only), 2.03, 5.03 and 5.04 with the following
language:
Section 1.05. Recognized Employee Association Name
The Public Attorneys' Legal Support Staff Union (PALSSU) is hereby
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acknowledged as the Recognized Employee Organization, pursuant to Section
3.04(c) of Ordinance No. 801 (CCS), representing the job classifications of:
Community Liaison; Consumer Affairs Specialist; Legal Assistant; Legal
Secretary; Paralegal; and Receptionist.
As of July 1, 1998, the job classifications of Legal Administrative Staff Assistant
and Office Administrator will no longer be represented by PALSSU and will be
covered by individual employment agreements.
It is the mutual understanding of the parties hereto that acknowledgment of
PALSSU:
A. Does not preclude employees in such job classifications
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 job
classifications concerning their employment relations wi th
the City.
Section 1.13. Definitions
G. "Hours of Work": the full-time work week shall be defined as forty (40)
hours.
(1 ) Incumbents of job positions employed in a work week less than that
defined as the full-time work week shall be compensated in that
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proportion of the compensation for full-time employment as the
number of hours budgeted for that position bears to the full-time
work week; incumbents of job positions employed in a work week
greater than that defined herein shall be compensated for hours in
excess of the full-time work week on the basis of and in
accordance with the provisions of Section 2.03 herein relating to
overtime. Compensation shall include base salary and any other
bonuses or skill pays provided by this Agreement.
Section 2.02. Salaries
A. As of June 30, 1998, the salary ranges for the positions
covered herein are as follows:
Community Liaison $3,562 - $4,397
Consumer Affairs Specialist $3,740 - $4,617
Legal Assistant $3,241 - $3,995
Legal Secretary $3,216 - $3,964
Paralegal $3,216 - $3,964
Receptionist $2,217 - $2,737
As of July 1, 1998, the base salaries of employees covered
herein shall be increased by three percent (3%) .
As of July 1, 1999, the base salaries of employees covered
herein shall be increased by a minimum of two percent (2%),
OR, if higher, by an amount equal to the percentage increase
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in the Ucost of livingU index as measured by the Consumer
Price Index (for Urban Wage Earners and Clerical Workers,
1967 = 100) for Los Angeles-Anaheim-Riverside, California,
published by the U. S. Department of Labor, Bureau of Labor
Statistics, for the base period of April, 1998 to April,
1999. However, in no event shall said adjustment exceed
four percent (4%) .
In the event a higher percentage general salary increase
(also known as a cost of living adjustment) is granted
to all employees of any other bargaining unit by the City
of Santa Monica for the FY99-00 fiscal year, excluding
the Santa Monica Police Officers' Association (SMPOA) and
the Santa Monica Firefighters, Local 1109, IAFF, employees
represented by PALSSU shall be granted the higher percentage
salary increase. 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.
Section 2.03. Overtime
Overtime for employees who are regularly assigned to a five (5) day, eight
(8) hours per day work week, and for permanent part time employees who
regularly work less than eight (8) hours in one day and forty (40) hours in
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one week shall mean work by employees occupying line-item positions
covered herein in excess of eight (8) hours in one (1) day or forty (40)
hours in one week, provided such hours of work have had the prior
approval of an authorized supervisor. Overtime for employees regularly
assigned to a work day in excess of eight (8) hours or a work week in
excess of forty (40) hours shall mean work in excess of the regularly
scheduled number of hours in one (1) day or in excess of the regularly
scheduled hours in one (1) week, provided such hours have had the prior
approval of an authorized supervisor. Except that overtime for all
employees not classified as exempt under the requirements of the Fair
Labor Standards Act (FLSA) shall mean work in excess of forty (40) hours
in one (1) week, provided that such hours of work have had the prior
approval of an authorized supervisor. Should the Fair Labor Standards
Act be amended to change the definition of overtime for said employee(s),
this Section shall be amended to reflect those changes.
All authorized overtime shall be compensated for by cash payment based
upon one and one-half (1-1/2) times the hourly rate equivalent of the
employee's monthly salary computed to the nearest one-tenth (0.10) of an
hour, except that an authorized supervisor may grant compensatory time
off at time and one-half (1-1/ 2) for such overtime to a maximum of forty
(40) hours in any fiscal year. Such compensatory time off must be taken
off during the fiscal year in which it is earned. Such time shall not be
taken, however, in conjunction with vacation leave.
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Any compensatory time off not taken off during the fiscal year will be paid
off at the applicable rate of pay, as of June 30.
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Section 5.03. Performance Evaluations
The parties hereto agree that one purpose of a performance evaluation is
to record the accomplishments and deficiencies of an employee's job
performance. An employee will be given notice in advance of his/her
performance evaluation if there are performance issues which would
result in an overall performance rating of less than satisfactory. An
employee covered herein can request the presence of someone else
during a discussion regarding his/her performance.
In addition, the performance evaluation is an opportunity for the employee
and supervisor and/or Division Head to discuss the employee's job
performance as well as his/her career development and/or goals within
the City; and what job improvements, if any, shall be achieved by the
employee during the next evaluation period.
The employee's supervisor or Division Head shall evaluate the employee
in writing. Such evaluation will be submitted to and approved by the City
Attorney unless the City Attorney provides a written explanation to the af-
fected employee as to why the City Attorney disagrees with the evaluation.
Those employees who are covered herein, but who are not members of
any division in the City Attorney's Office, will be evaluated by their
supervisor, the City Attorney, or his/her designee. All employees will be
given reasonable opportunity to discuss said evaluations with the
evaluator. The evaluations will be performed on the following basis:
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(a) Once at the conclusion of the first three (3) months of employment.
(b) Once at the conclusion of the first six (6) months of employment.
(c) Once at the conclusion of the first year of employment.
(d) Once every year thereafter, with said performance evaluations to
be due three (3) weeks prior to the employee's anniversary date
with the City.
(e) Whenever an employee's performance substantially declines.
If no evaluation is completed on or before its due date, the employee shall
advise the City Attorney in writing that the evaluation is past due. The
City Attorney shall complete, or cause the completion of, the evaluation
within ten (10) days of said written notice and any merit increase or merit
pay tied to the evaluation, as set forth in subsections D and E of Section
2.02 of this Agreement, shall be retroactive to the pay period in which the
evaluation was originally due. In addition, in the case of a merit increase
within the salary range for an employee who has not reached the
maximum salary for his/her position, if the performance evaluation on
which said merit increase is based is late, the employee shall be paid
interest at the legal rate on the merit increase retroactive to the date on
which the performance evaluation was due. In the case of merit pay for
an employee who has reached the maximum salary for his/her position, if
the performance evaluation on which the merit pay is based is late and if
the payment of the merit pay does not occur within thirty (30) days of the
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date when the evaluation was due, the employee shall be paid interest at
the legal rate on the merit pay for the time period between the 3151 day
following the due date of the evaluation and the date on which the
employee receives his/her merit pay.
An employee covered herein who believes that the prescribed evaluation
procedures have not been followed or that the evaluation does not
correspond to the facts should make a written complaint to the person
who prepared the evaluation within ten (10) days of receiving the
performance evaluation. If no satisfactory response is received within
five (5) days of filing the complaint, the employee should immediately
forward the complaint to the City Attorney. If no satisfactory response is
received within five (5) days, the employee shall have the right to submit a
written rebuttal to the performance evaluation and to have said rebuttal
attached to and become part of the employee's permanent performance
evaluation.
Section 5.04. Work Schedules
In those cases where a permanent employee desires to modify his/her
work schedule to accommodate specific work schedule needs of the
employee (e.g., dependent care arrangements) that do not fall within the
normal work schedule established for the employee's position, the
employee shall submit a request for a work schedule modification to
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his/her supervisor. As long as the operational needs of the Department
and the City will still be met, upon approval of the supervisor, the
employee's request shall be approved. If it should be later determined
that the operational needs of the Department and the City can no longer
be met with the employee's modified work schedule, the employee shall
receive at least thirty (30) days' notice that his/her modified work schedule
can no longer be continued. In the event that the employee cannot
change his/her outside scheduling need to fit within the regular work
schedule established for his/her position, the City will make every
reasonable effort to place said employee in another like position where
the employee's specific scheduling needs can be accommodated. While
nothing in this Section requires that the employee's modified work
schedule be granted or that the employee be transferred to a like position
to meet the employee's outside scheduling needs, requests shall not be
unreasonably denied.
If an employee's request for a modified work schedule is denied and if the
employee does not agree with the decision that has been reached, the
employee can grieve such decision under Section 6.03 (Grievance and
Complaint Procedure) of this Agreement. Failure to successfully transfer
an employee under this Section will not be grievable.
Except as expressly modified herein, all other terms and conditions set forth in
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the Memorandum of Understanding between the City of Santa Monica and the Public
Attorneys' Legal Support Staff Union shall remain in full force and effect.
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IN WITNESS WHEREOF, the parties have executed this Modification to the
Memorandum of Understanding between the City of Santa Monica and the Public
Attorneys' Legal Support Staff Union as of the date of the adoption of this modification
by City Council.
PUBLIC ATTORNEY'S LEGAL SUPPORT CITY OF SANTA MONICA
STAFF UNION
By:
John Jalili
Victor Vasquez City Manager
PALSSU Representative
Christine Hureskin
PALSSU Representative
Deborah Freeman
PALSSU Representative
APPROVED AS TO FORM: ATTEST:
S/
Marsha Jones Moutrie City Clerk
City Attorney
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Adopted and approved this 28th of September, 1999
S/
Pam O'Connor, Mayor
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that
the foregoing Resolution 9448 (CCS) was duly adopted at a meeting of the Santa
Monica City Council held on the 281h of September, 1999, by the following vote:
Ayes: Council members: Holbrook, Rosenstein, McKeown, Feinstein,
Bloom, Mayor Pro Tem Genser, Mayor O'Connor
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: None
ATTEST:
S/
Maria M. Stewart
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(PALSSU.mou amendment.1999)
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