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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 1 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 2 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 3 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 4 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. 5 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. 6 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: 7 (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 8 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 9 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 10 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. 11 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 12 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 13 (PALSSU.mou amendment.1999) 14