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R-4523 ... _....____1--.<11. ~- 0;. --- ,,-...., "\TRACT SO. 2120 eCCS) . "" S.ESOLUTIOr~ :\C. 4523 (CITY COUXCIL SLRIES) A RESOUJTION OF THE CITY COC:\"CIL OF THE CITY OF SANTA MONICA APPROVING ANU RATIFYI~G A ~EXORANDCn OF U~~ER- STA~uING WITH I~~IVIDGAL EMPLOYEES. ... ~ , ~HEREAS, Section 2.06 or Ordi~ance 801 (CCS) of the City of Santa }lonica provides that any s~ch r,e~or2~duu or understanding shall not be binding and shall be presented to the governing body for determination, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SA~TA MO~ICA DOES RESOLVE AS FOLLOwS' SECTIOX 1. The City Council does hereby approve aGe ratify that Ier.oranuuIT. of understanding executed ~y the City ~ana&er and the i~dividual e~ployees signatory to that abrGeIent da:ed June 12, 1974, a copy or Whlch lS attached hereto. ,.. SECTION 2. The City Clerk shall certify to the adoptio~ of this resolutlon and thenceforth a~d thereafter the saGe shall be in f~ll force and effect. - ADOPTED and APPROVED this 18th day of ~ ~~:. i-layor ATTeST :~~ /J /} _ /)f)~ I her:::t~:~::: that t~e foregoing bv the C~tv Council of the City or T.~etlng thereof, held on the L8th following vote of the Council. resolution was duly adopted Santa :~onica at a re;ular day of June, 1974 by tae ?\O ES . Council~en: Judson, Lawson, Swink, Trives van den Steenhoven, Hoover Councilmen: McCloskey AYES: ABSEtU: Councilmen: None / . /'/tf - / L# .. c~ l'er% APPROVED AS TO FOF0I: 1 ~." .\tt-nrn"y . ~, Santa ~onica) ~lifOrnia~June 13, 1974 .. TO: ~Iayor and City Council . . i . ! ( FRO~l' City Staff SUBJECT: Me~orandu~ of Vnderstanding \~ith Individual Professional Employees 1-< Introduction: Staff has been in negotiation with individuals lU the classiflcatians of Assistant City Attorney and Deputy City Attorney II and an agree~ent has been reached concerning their wages, hours) and working conditions. This agreeITent is submitted to you for ratification in the form of a (-lemorandum of Understanding, a copy of which is attached. . .~ c' Bac"kgroul1.d' The MeQorand~~ of Understanding designates salary ranges for oath classes. . These salary ranges represent an inc~ease of 22% from those presently pald. This 22% covers an adJ~stment to bring these classes to the median of salaries paid by co~parable cities in Los Angeles County, elinination of overti~e pa)~ent, replace~ent of a 2% bonus previously granted, and a 10.7% cost-of-living increment. Funds to cover these raises are included In the budget adopted for rlsca1 ~974-75. Only the 10.7% cost-of-living increT.ent of thls proposed raise lS rlne~'lrr ~oney. The re:nainder is f~nded fro~ ore-existing money from overtine accounts and the prior 2% bonus. .., .. There is an exciting new ccncept of progression froffi the lowest to the highest limits of salary in that the tradi- ticnal regimented progression is replaced by an incentive oriented review procedure which allows li~ited changes or salary either UD or down based UDan evaluatlons between the employee and the department head. Other features in other benefit areas are siwilar to those in other contracts in effect now. The "evergreenrT clause is different in that it calls for a flat 5.5% increase effective July 1, 1975 if both parties decloe this is equitable. ~eccTT.end~tions: It is recoIT@ended that the City Council ratify this ~le"'orandum of cndcrstandin& ~ Pre?arcd by: W. ~,. M-onotf, ~r AdQinistrative Services .. RXA: cgl AttaGhment e e MENORANDUM OF UNDERS TANDING 1.00 In General 1.01 Parties to Memorandum This memorandum of understanding has been prepared pursuant to the terms of Ordinance 801 (CCS) of the City of Santa Monica, which ordinance is hereby incorporated by reference as if fully set forth herein, and has been executed by the City Manager on behalf of management officials of the City and by the individual employees of the City Attorneys Office signatory hereto on behalf of themselves individually as employees occupying the regular, full-time employment position class- ifications of Deputy City Attorney II and Assistant City Attorney and who are admitted to practice law in the State of California. 1.02 City Council Approval It is, however, the mutual understanding of all the parties hereto that such memorandum of understanding is of no force or effect whatsoever unless or until ratified and approved by resolution duly adopted by the City Gouncil of the City of Santa Monica. 1.03 Scope of Representation The scope of self representation by each employee signatory hereto shall include 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 801 (CCS). 1<04 Management Rights Reserved The parties hereto recognize the City has and will retain the exclusive right to manage and direct the performance of city services and the work forces performing such services. Accordingly, u~less the City has specifically delegated, abridged, or modified any such right herein, all such rights are retained by City as set forth in Ordinance 801 (eGS). -1- lndividual Attorneys 1974 ~ . 2.01 Wage Scale Salary range for each full-time employment position classification covered herein shall be adjusted as follows: (a) Effective July 1, 1974 for the period ending June 30, 1975, the salary range for employment position classi- fications covered herein shall be $1,882 to $2,323 per month for Assistant City Attorney and $1,410 to $1,741 per month for Deputy City Attorney II. (b) Subject to the powers of the parties hereto to renegotiate this agreement pursuant to Section 2.03 hereof, effective July 1, 1975 for annual period(s) of July 1 through June 30 of the then current fiscal year, Step E for all employment position classifications covered herein shall be increased to the nearest dollar by five and one-half percent (5.5%). (c) Notwithstanding the above termination date(s), it is agreed that salary increases will become effective on the day following the close of the payroll period ending nearest to said termination date(s). (d) Salary and performance reviews shall be accomplished with the individual employee by the City Attorney at six month intervals during the first year of employ- ment in a job classification and thereafter annually. In no event shall any individual salary level exceed the maximum shown above for the individual's classifi- cation. Reviews noted above may include any salary increase or decrease within the salary ranges noted above ~ith the provision that no such increase or decrease shall exceed seven percent (7%). It is mutually agreed that the provisions of this paragraph Cd) shall not apply to any employee whose salary is at the maximum allowable amount on July 1, 1974. Monthly salaries of signatories hereto shall be as follows effective JuJy 1, 1974: Christina J. New. $2,323 Gene E. Penn $2,207 Frank J. Da Vanzo $1,566 Richard Goldman $1,410 Rosario Perry $1,410 Samuel Streichman $1,654 2.02 Other Emplo}r,ment Benefits Except as hereinafter provided, other employment benefits consisting of payment for time not worked (sick leave, vacation, break periods, etc.) or pa}~ent for any other benefit paid to or on behalf of the full-time employment Individual Attorneys 1974 -2- . e position classifications covered herein (retirement and insurance contributions, etc.) shall not be increased during the term of this agreement, except that they shall be adjusted to reflect changes as they occur in the Salary Resolution (CCS) as it may be amended or replaced. (a) Reimbursement to employees for the authorized use of personal automobiles on city business shall be at the rate of 17 cents per mile of such authorized use. (b) It is hereby agreed that assignments to employees signatory hereto will be completed in an ethical and professional manner, and that all employee time required to complete such assignments in such a manner ~~ill be voluntarily utilized without HovertimeH remuneration. It is hereby expressly agreed by the parties hereto that the basic salaries stipulated in Section 2.01 (a) (b) or (d) herein include remuneration to complete assigned tasks in the above noted manner, and that no "overtime" remuneration is required by this agreement. This paragraph shall not be construed to preclude informal work schedule adjustments when approved by the City Attorney. (c) The administration or application of sick leave provisions and the limitations on proportionate accumulation and use shall be as prescribed in the civil service provisions of the Santa Monica Municipal Code provided, however, that: (1) Accrual of sick leave with pay shall be on the following basis: Following completion of six (6) calendar months of oontinuous service, six (6) working days. Thereafter, up to and including ten (10) completed years of service, one (1) working day for each completed calendar month of service. Upon completion of the tenth (10th) year of service and thereafter, one and one-half (l~) working days for each completed calendar month of service. The above paragraph hereby supersedes paragraph 1, following the words "Fach incumbent of a line item position shall accrue sick leave on the following basis", found in Section 21041 of the Santa Monica Municipal Code. (2) Accu~u1ation of sick leave days shall be limited to a maximum of 130 days. (3) A~cumulated sick leave recorded to the credit of an employee in excess of 130 days (as of October 1, 1970) may be retained until used or until separation from the city service. Individual Attorneys 1974 - 3- e . (4) City shall pay each employee the difference between actual sick leave days taken during the contract year (12 months) and the value of one- half of the sick leave accruable for said contract year. Such payment shall be prorated only for employees taking service retirement during the contract year or for new employees on the payroll as of June 30 of any covered contract year. (5) It is agreed that upon proper notice in writing at least thirty (30) days prior to the completion of any contract year, an individual employee covered by this Memorandum of understanding may elect to waive payment for sick leave as described in paragraph 2.02(d) (4) above and in lieu of said payment apply such sick leave to his total accrued balance subject to the limitation of paragraph 2.02(d) (2) above. (d) Bereavement leave is hereby granted for employees covered herein as follows: Three (3) working days with pay for absence from duty due to death of a member of the employee's immediate family, meaning spouse, child, brother, sister, parent, parent-in-law, step-parent, step-brother, step-sister, or any other relative living in the same household, provided proper documentation of the relationship of the deceased to the employee is submitted within thirty (30) calendar days after said death. This provision hereby supersedes Section 210412 of the Municipal Code which begins lIAbsence from duty due to the death....1I and ends II.... shall not exceed five (5) working days.1I (e) It is agreed that City will budget annually an amount equal to $10.00 per employee in the appropriate unit represented by the Association for tuition and required study material reimbursement for career improvement study approved by authorized management officials. Reimbursement shall equal the total cost of tuition (exclusive of lodging and meals) and the total cost of required study materials, provided, however, that; (1) Enrollment in the career improvement study course shall be approved in advance by an authorized management official; (2) The study course must be directed to qualification for an emplo)~ent position represented in t~e city work force; Individual Attorneys 1974 -4- e . .. (3) The employee must exhibit some reasonable expectation of qualifying for such position upon successful completion of the study course; and 2.03 (4) Reimbursement shall be made only in installments upon successful completion of prescribed units of study required by study course approved. Term of Hernorandum This Memorandum of Understanding shall be effective July 1, 1974,subject to City Council ratification and approval, and shall remain in effect until June 30, 1975 and, unless at least ninety (90) days prior to any termination date either party shall serve written notice by certified mail upon the other that it desires to renegotiate said Memorandum, it shall be automatically renewed for successive periods of one year. 2.04 Captions for Convenience The captions herein are for convenience only and are not a part of this Memorandum of Understanding and do not in any way limit, define or amplify the terms and provisions hereof. 2.05 Merger of Negotiations This Memorandum of Understanding represents the full and complete understanding of every kind or nature whatsoever between the parties hereto and all preliminary negotiations of whatsoever kind or nature are merged herein. Individual Attorneys 1974 -5- e . IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding to be executed this day of June, 1974. Management Officials City of Santa Monica by by Christina J. New City Manager by Gene E. Penn by Frank J. Da Vanzo bYnn Richard Goldman------ bv -'- Rosario Perry-------- by Samuel Streid:man ~ APPROVED AS TO FORN: City Attorney Individual Attornevs 1974 -6-