R-4523
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"\TRACT SO. 2120
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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.
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~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.
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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.
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ADOPTED and APPROVED this
18th day of
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i-layor
ATTeST :~~ /J /}
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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
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APPROVED AS TO FOF0I:
1 ~." .\tt-nrn"y
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Santa ~onica) ~lifOrnia~June 13, 1974
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TO:
~Iayor and City Council
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FRO~l'
City Staff
SUBJECT: Me~orandu~ of Vnderstanding \~ith Individual Professional
Employees
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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.
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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.
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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
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AttaGhment
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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).
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1974
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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
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1974
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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.
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(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;
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(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.
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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------
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Rosario Perry--------
by
Samuel Streid:man
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APPROVED AS TO FORN:
City Attorney
Individual Attornevs
1974
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