R-9122
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RESOLUTION NO. 9122
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER
TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE
PUBLIC ATTORNEYS' LEGAL SUPPORT STAFF UNION
WHEREAS, the City administration and representatives of
the Publlc Attorneys' Legal Support Staff Union have met and
conferred under the terms of Ordinance No. 801 (CCS) and have
reached agreement on wages, hours and other terms and condltlonS of
employment; and
WHEREAS, Sectlon 2.06 of Ord~nance No. 80l (CCS) of the
City of Santa Monlca requires preparation of a written Memorandum
of Understanding between the admlnistration and employees if an
agreement can be reached; and
WHEREAS, Section 2.06 of Ordinance No. 80l (CCS) further
provides that any such Memorandum of Understanding shall not be
bindlng unless and untll presented to the governlng body for
determinatlon; and
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WHEREAS, the purpose of the Memorandum of Understanding
is to promote and provide harmonious relations, cooperatlon, and
understanding between the City and the Public Attorneys' Legal
Support Staff Union;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS
Section l. The Clty Councll of the City of Santa Monlca
does hereby approve and authorize the City Manager to execute the
Memorandum of Understandlng executed by the Public Attorneys' Legal
Support Staff Unlon, a copy of WhlCh is attached hereto
Section 2. The City Clerk shall certlfy to the adoption
of this Resolution, and thenceforth and thereafter the same shall
be ln full force and effect
APPROVED AS TO FORM:
L~~~,)4{,~
MARSHA JoNks MOUTRIE
Clty Attorney
'palss-':1..996 re:s~
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF SANTA MONICA, CALIFORNIA
AND
PUBLIC ATTORNEYS' LEGAL SUPPORT STAFF UNION
TABLE OF CONTENTS
ARTICLE I_ GENERAL PROVISIONS
1.01:
1.02:
1.03 :
1.04 :
l.05:
1.06:
l.07:
l.08:
l.09:
l.10:
1.ll:
l.12:
l.l3:
1.14:
1.15.
Partles to Memorandum. . . . . . . . . . .
Purpose. . . . . . . . . . . . . . . . . . . . . . . . .
Term of Agreement....... .. .......
City Councll Approval......... .........
Recognized Employee Association Name....
Scope of Representation. . . . . . . .
Full Understandlng, Modlfication and
Waiver. . ... . . . . . . . . .
Management Rlghts Reserved
Peaceful Performance of C~ty Servlces.
Valldity of MOU... .....
Captlons for Convenience
Equal Employment. .... .....
Deflnltlons .. _........
Overpayment Remedy..............
Payments at Termlnatlon.........
ARTICLE II. COMPENSATION
2.0l
2.02.
2.03.
2.04:
2.05:
2.06:
Effective Date of Pay Increase...............
Salaries. . . . . . . . . . . . . . . . . . . . . . . . . .
Overtime. . . . . . . . . . . . . . . . . . _ . . . . . .
Call-Back Pay......
Billngual Compensation..
Y-Rat~ng............... .
1
3
3
3
4
4
5
5
5
6
7
8
8
8
II
II
l2
l2
15
16
16
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ARTICLE III. SUPPLEMENTAL BENEFITS
3 Ol:
3.02:
3.03:
3.04:
3.05:
3.06:
3.07:
ARTICLE IV
4.01.
4.02'
4.03'
4.04
4.05
4.06:
4 07:
4.08:
4.09:
4.10:
4.l1:
4.12:
RetlreIDent. . . . . . . . . . . . . . . . . . . .
Health Insurance Programs
TUltlon Reimbursement...
Mileage Relmbursement and Energy
Conservatlon.. .........
Deferred Compensatlon.......
Long Term Dlsability Insurance
Slck Leave Buy Back.....
18
18
20
2l
22
22
22
LEAVES
Pald Holidays. . . . . . . . . . . . . . . . . . . . . . . . .. 25
Vacatlon Leave. ..... ......... ........... 26
Sick Leave. . . . .. ................. . . . . . . . . .. 27
Leave of Absence Without Pay............... ... 27
Military Leave.. . .... ................. 27
Jury Duty. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 28
Workers' Compensatlon Leave................... 28
Parental Leave..... ............ .... .......... 29
Bereavement Leave....... ......... '.' 30
Urgent Personal Leave... ....... 30
Unclassifled Leave.. .... ....... 31
Famlly Leave. . . . . . . . . . 31
ARTICLE V. WORKING CONDITIONS
5.0l.
5.02
5.03
5.04'
5 05.
Safety. . . . . . . . . . . . . . . . . . . . . . .. .......... 33
Employee Parking ..... ................. 33
Performance EvaluatlonS............. ... ....... 33
Work Schedules. . . . . . . . . . . . . . . . . . . . . . . 35
Employment Separatlons........ . ............. 36
ARTICLE VI. EMPLOYER/EMPLOYEE RE~ATIONS
6 01:
6.02 :
6.03 :
6.04:
6.05 :
Payroll Deductions........... ... 37
Reasonable Notlce............... 37
Grievance and Complalnt Polley.... ........... 37
Tlme Off for Negotiat~ons.................. ... 38
Succe s sors. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 39
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PUBLIC ATTORNEYS' LEGAL SUPPORT STAFF UNION
ARTICLE I. GENERAL PROVISIONS
1.0l Parties to Memorandum
Thls Memorandum of Understanding (MOU) has been prepared
pursuant to the terms of Ordinance No. 801 (eeS) of the
City of Santa Monlca, which Ordlnance lS hereby
lncorporated by reference as lf fully set forth herein,
and has been executed by the City Manager on behalf of
management officials of the Cl ty and by the PubllC
Attorneys' Legal Support Staff Union slgnatory hereto who
occupy the full-time Job clasSlflcatlons set forth ln
Section 1.05.
1. 02
Puroose
The parties agree that the purpose of this MOU lS: to
promote and provlde harmonious relatlons, cooperation and
understanding between the Clty and the employees covered
hereln; to provide an orderly and equitable means of
resolving differences WhlCh may arlse under this MOU, and
to set forth the full agreements of the partles reached
as a result of meetlng and conferring ln good falth
regardlng matters within the scope of representation for
employees covered herein.
1. 03
Term of Aareement
ThlS Agreement shall be effectlve as of July 1, 1996 and
shall remaln ln full force and effect untll June 30,
1997. It shall be automatically renewed from year to
year thereafter unless elther party notlfles the other ln
wrltlng not later than March l, 1997 (or ln the event of
an automatic renewal, March 1 of the following year) that
it deSlres to terminate or modlfy thls Agreement and
speclflcally lndlcates requested modiflcatlons. In the
event such notlce is given, negotiations shall begin no
later than Aprll 15 with a slgned contract desired by
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1.04.
1 05.
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July 1.
City Councll Auoroval
It lS, however, the mutual understanding of all the
parties hereto that such Memorandum of Understandlng lS
of no force or effect whatsoever unless or untll ratified
and approved by the City Councll of the Clty of Santa
Monlca.
Recognlz~~ Emplovee Assoclatlon Name
The PubllC Attorneys' Legal Support Staff Unlon (PALSSU)
lS hereby acknowledged as the Recognized Employee
Organlzation, pursuant to Sectlon 3.04(c) of Ordinance
No. 801 (CCS), representing the Job classlflcatlons of:
Community Llalson
Consumer Affairs Speclalist
Legal Admlnistratlve Staff ASslstant
Legal Assistant
Legal Secretary
Offlce Admlnlstrator
Paralegal
It lS the mutual understanding of the parties hereto that
acknowledgment of PALSSU:
A. Does not preclude employees In such job
classlflcations from representing themselves
lndlvldually ln thelr employment relations wlth the
Clty;
B. Does not preclude or restrict the right of
management offlclals to meet and consult wlth
employees ln such Job clasSlflcations concerning
their employment relatlons with the City
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l.06.
1. 07.
1.08.
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Scope of Representatiop
The scope of representatlon of the Recogn~zed Employee
Organlzatlon shall lnclude all matters relatl~g to
employment conditions and employer-employee relatlons
includ~ng but not limited to wages, hours, and other
terms and condltlons of employment, except, however, that
the scope of representation shall noc lnclude
consideration of the merits, neCeSSlty, or organ~zatlon
of any service or act~vlty provided by law or executlve
order and shall be exercised or performed ~n compllance
wlth the provlslons of Ordinance No. 801 (CCS)
Full Understandlno. Modlflcation and Walver
The partles agree that each has had full and unrestrlcted
r~ght and opportunlty to make, advance, and discuss all
matters properly wlthln the scope of representatlon as
outlined in Sectlon 2 05 of Ordinance No. 801 (CCS).
This MOU constitutes the full and complete agreement of
the parties and there are no others, oral or wrltten,
except as specified in thlS Agreement. Each party, for
the term of thlS MOU, speciflcally waives the rlght to
demand or petltlon for changes hereln, whether or not the
subJ ects were known to the parties at the tlme of
execution hereof as proper subJects wlthln the scope of
representatlon as outlined ln Section 2.05 of Ordlnance
No SOl (CCS)
Manaoement Rlohts Reserved
- -
The Clty retalns all rlghts not speclflcally delegated by
this Agreement, lncludlng, but not Ilmlted to the
excluslve rlght to
direct, supervise,
disclpline, discharge,
and retaln employees,
hire, promote,
transfer, asslgn,
suspend,
schedule,
relieve employees from dutles because of lack of
work or funds, or under condltions where contlnued
work would be inefficient or nonproductive;
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determlne serVlces to be rendered, operatlons to be
performed, utlllzatlon of technology, and overall
budgetary matters;
determlne the overall misslon of the unit of
government;
maintaln and lmprove the efflciency and
effectlveness of government operatlons;
take any necessary actions to carry out the miSSlon
of an agency ln sltuations of emergency; and
take whatever other actions may be necessary to
carry out the wishes of the public not otherWlse
speclfled above or by collectlve agreement
Any gr~evance with respect to the reasonableness of the
appllcatlon of the above management rlghts shall be sub-
ject to the grievance procedure contained ln Sectlon
6.03, hereln.
Peaceful Performance of City SerVlces
It is mutually understood and agreed that partlclpatlon
by any employee ln a strike or a concerted work stoppage
termlnates the employment relatlonshlp in the absence of
specific written waiver of such terminatlon by an
author~zed management offlclal
A. It lS further understood and agreed that none of
the parties hereto will partlcipate in or
encourage, assist or condone any strlke, concerted
work stoppage, cessatlon of work, slow-down, sit-
down, stay-away, illegal plcketlng or any other
lllegal form of interference with or Ilmltation of
the peaceful performance of City serVlces.
B
In the event
concerted work
down, slt-down,
other lllegal
limitation of
that there occurs any strike,
stoppage, cessation of work, slow-
stay-away, lllegal plcketlng or any
form of lnterference wlth or
the peaceful performance of City
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1.10
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servlces, the Clty, ln addltion to any other lawful
remedles or dlsclpllnary actlons, may by actlon of
the City Manager cancel any or all payroll
deductlons, proh~bit the use of bulletln boards,
prohibit the use of Clty facllltles, and prohibit
access to former work or duty stations
C The protection of the public health, safety and
welfare demands that nelther the employees nor any
person actlng In concert wlth them, wlll cause,
Sanctlon, or take part in any strlke, walkout, Slt-
down, slow-down, stoppage of work, illegal
picketing, retardlng of work, abnormal absenteelsm,
wlthholding of serVlces, or any other illegal
interference wlth the normal work routlne. The
provisions of thlS Article shall apply for the same
term as thlS Agreement, or during any renewal or
extenslon thereof Vlolatlon of any provislon of
th~s MOU by the part~es shall be cause to termlnate
th~s Agreement, ln addltion to whatever other
remedies may be available at law or ln equlty.
D. The City agrees that there shall be no general
lockout of employees covered herein. The parties
agree to exerClse good faith In complYlng wlth all
the terms and condltions of thls MOD.
Valld~tv of MOU
If any provision of thlS MOU is determined to be lnvalid
or lllegal by a court of competent Jurlsdlction, then
such provlsion shall be severed from thlS MOD, but the
remalnder hereof shall remaln in full force and effect.
The partles hereto shall lmmedlately commence to, ln good
faith, negotlate for the purpose of replacing any such
invalld or ~llegal provlslon.
Should any change be made ln any Federal or State law, or
ln any rules and regulatlons lmplementing such
legislatlon, or in any Clty Charter provislon WhlCh would
be applicable and contrary to any prOV1Slon hereln
contalned, then such provision of this MOU shall be
automatically termlnated, but the remalnder of this MOU
7
1.11
1.12
1.l3
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shall remaln ln full force and effect. Such leg~slatlon
and/or rules and regulatlons shall supersede thlS MOU and
applicable clauses shall be substltuted for those ruled
lnvalid or illegal. The partles hereto shall immedlately
commence to negotlate for the purpose of replaclng any
such lnvalld or lllegal provlsion.
Cantlons for Conven~ence
The capt~ons hereln are for convenlence only and are not
a part of the MOU and do not in any way Ilmit, deflne, or
ampllfy the terms and provisions hereof.
Eq~al Emnlovment
It lS agreed by the partles to thls MOU that they wlll
fully comply wlth all appllcable local, State and Federal
laws, rules and regulat~ons prohibitlng dlscrlmlnation
and governing equal employment opportunlty. The
Afflrmative Action Program and the Sexual Harassment
POI1CY of the Clty of Santa Monlca are afflrmed by the
partles to thlS MOU and incorporated by reference hereln
Both partles agree to abide by the requlrements of the
Americans with Disabllltles Act (ADA).
Every Clty employee is expected to respect the dignlty of
every other City employee and to refraln from any
actlons, including the use of slurs or Jokes regardlng
sex, age, race, natlonal orlgln, religlon, dlsablllty, or
sexual preference/orlentatlon which could be construed as
harassment. Harassment of fellow employees lS a
violation of Clty POllCY. No employment decision shall
be based on an employee's submission to or reJection of
such conduct.
Deflnltlons
The following deflnltlons are to be applled to the lnter-
pretatlon of this MOU:
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A. "Salary Range" shall mean the hourly or monthly pay
scale (and the bl-weekly equlvalent) asslgned to
each employment pOSltlon claSSlflcatlon covered
herein.
B. "Nearest Dollar" shall mean the next lower dollar
in a monthly rate when the computed amount lS 50
cents or less and the next hlgher dollar when the
computed amount lS 5l cents or more.
C. "Line-Item Posltlon" shall mean a p08ltlon WhlCh is
(a) speclflcally itemlzed in the personnel schedule
of the annual budget of the Clty of Santa Monica
and (b) eligible to accumulate fringe beneflts in
praportlon to the percentage of the full-tlme work
week
D "Permanent Employee" shall mean
(1) A person who lS legally an incumbent of a
Ilne-ltem pasltlon, full or part time, or
(2) A former legal lncumbent of a Ilne-ltem
position on authorized leave of absence from a
regularly budgeted posltion WhlCh posltion 18
held pendlng the employee's return.
E. "Date of Entrance Annlversary" shall mean the date
wh~ch recurs annually after the date of entry into
a line-item posltlon ln the unclassifled serVlce of
the City of Santa Monica, either by orlglnal
employment, re~employment or promotlon. The date
of entrance for employees wlth broken serVlce shall
be consldered as that date on which the last
unbroken service was effectlve.
F "Satlsfactory SerVlce" shall mean the attalnment of
an overall performance rating of not less than
"satisfactory" on the performance report
lmmedlately preceding the employee's date of
entrance annlversary.
G. "Hours of Work": the full-time work week shall be
defined as forty (40) hours.
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(1) Incumbents of Job posltlons employed ln a work
week less than that deflned as the ful:-time
work week shall be compensated ln that
proportion of the compensatlon for full-tlme
employment as the number of hours budgeted for
that posltion bears to the full-tlme work
week; lncumbents of Job posltlons employed ln
a work week greater than that defined herein
shall be compensated for hours In excess of
the full-tlme work week on the basls of and ln
accordance wlth the provlsions of SeCLlon 2 03
herein relating to overtlme. Compensation
shall lnclude base salary, deferred
compensatlon and any other bonuses or Sklll
pays provlded by this Agreement.
(2) Incumbents of Job positlons regularly working
less than the full-tlme work week shall accrue
pald leave benefits In the same ratlo as the
average number of hours they work per week lS
to the full-tlme work week for the positlon
occupled. Other fringe beneflts shall be
provlded to part-time employees covered hereln
as lf they were employed on a full-time basis.
H. "Pay Status" shall mean regularly asslgned work
hours actually performed. In addltlon, pay status
shall also speclflcally lnclude pay for tlme not
worked such as slck leave, vacation, holldays,
unclassifled leave, floatlng hollday and Jury duty.
I. "Working Day" as used ln the sections of thlS
Agreement pertaining to vacatlon accrual (Section
4.02) and slck leave accrual [Section 4.03) shall
mean elght (8) hours.
J. "Compressed Work Schedule" shall mean a work
schedule ln WhlCh a full-tlme employee lS assigned
a total of elghty (80) regularly scheduled work
hours ln nlne (9) days ln a glven two-week (l.e.,
two work weeks) perlod.
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1.14.
1.15
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Overpayment Remedy
Employees covered herein shall relmhurse the City any
overpayment of wages or benefits. Sald relmbursement
shall not be requlred unt~l the City notlfles the
affected employee ln writing. Rel1nbursement may be
accompllshed by a lump-sum deductlon made on the next
subsequent employee payroll warrant followlng overpa~ent
notiflcation, or by other reasonable re-payment method,
mutually acceptable to the employee and the City, except
that lump-sum deduction shall be requlred lf the next
subsequent employee payroll warrant lS the flnal or
termlnatlon warrant lssued to the affected employee.
Payments at Termination
When employees covered herein leave the service of
the Clty of Santa Monica, they shall be entltled to
lump sum payoff of unused accrued vacatlon days, unused
accrued unclasslfied leave and any unused accrued
compensatory time No clalm shall be made against the
Clty for the use or payoff of unused slck leave, nor
shall the effectlve date of termlnatlon be extended by
use of compensatory time, slck leave, vacatlon or
unClaSSlfled leave days.
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ARTICLE II. COMPENSATION
2.01.
2.02
Effectlve Date of Pav Increase
Notwithstandlng any other provlslon contained hereln,
changes in salary rates and salary related beneflt
changes shall become effective on the 1st day of the
payroll period closest to the effective date stated
hereln.
Salarles
Salarles of employees ln Job classlflcations covered
hereln shall be on a monthly rate, pald on a bl-weekly
equlvalent basis. In lleu of the bl-weekly equlvalent to
a monthly rate, the City Attorney may flX the
compensatlon of any pOSltlOn at an hourly rate. In
pOSltlOnS for which the work week is forty (40) hours,
the hourly rate shall be determlned by dlviding the bl-
weekly rate by elghty (80).
A.
Salary Ranges
a salary range lS
adjustment, the
lncumbent shall be
a correspondlng
NOTE: Whenever
scheduled for
salarles of the
adjusted by
percentage. )
(l) Effective July l, 1996, the salary ranges for
the job classlflcations covered by this MOU
shall be as follows.
Communlty Liaison
Consumer Affalrs Speciallst
Legal Administratlve Star!'
Assistant
Legal Assistant
Legal Secretary
Office Admlnlstrator
Paralegal
$3,098 - $3,824
$3,349 - $4,134
$3,871 - $4,78l
$3,121 - $3,854
$3,098 - $3,824
$3,871 - $4,781
$3,098 - $3,824
(The salary ranges shown above reflect a 2 0%
cost-of-llvlng adjustment.)
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(2) The salary ranges for the Job classlficatlons
covered by thlS Agreement as of July 1, 1996
shall remain unchanged unless elther party
provldes wrltten notlce to the other not later
than March 1, 1997 that lt deslres to modlfy
the salary ranges as of July 1, 1997. The
salary ranges fo~ Job classiflcations covered
hereunder ln effect as of July l, 1996 shall
remaln unchanged unless modlflcatlons are made
pursuant to the wrltten notificatlon provlslon
of Section 1.03 (Term of Agreement) of this
Agreement.
B A glven classificatlon covered by thlS MOD wlll be
eliglble to rece~ve an equlty adjustment proVldlng
that the compensatlon study conducted by the Clty
of Santa Monlca substantlates the need for an
equity adJustment to bring the salary range of that
classification ln Ilne with the mean salary pald to
the same classlflcation found In truly comparable
public sector employers. The Clty will be wllllng
to recelve and evaluate any salary comparison data
that PALSSU mlght want to make available regarding
an equity adjustment for a given classificatlon
Should a compensatlon study lndlcate that a glven
job classiflcatlon lS currently belng pald above
the mean salary pald to the same classificatlon
found ln truly comparable public sector employers,
the salary range of that classiflcatlon wlll remaln
unchanged. Equity adJustments descrlbed hereln
will be consldered on an annual basls, elther as a
part of the annual budget process lf no MOU
negotlations should be occurrlng during the year in
questlon or as a part of the MOD negotlatlons
process should the MOU be up for negotiatlons.
Llke any other salary lncrease, equlty adJustments
will be subject to the approval of Clty Councll.
C. The City Attorney may hlre employees at a salary
hlgher than "entry level" based on the experience
of the lndlvldual. In exerclslng hls/her
discretlon, the Clty Attorney wlll conSlder all
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relevant factors, lncluding but not limited to
length of experience, public sector eXperle!1ce,
experlence wlthln the partlcular field (e.g.,
crlmlnal, C1Vll litlgatlon, land use,
admlnistratlve and supervisory experlence)
Salarles above entrance level should be based upon
lncrements of 5-7% and shall not exceed the maXlmum
salary provlded for ln thlS Sectlon.
D. Merlt lncreases within salary ranges.
Advancement wlthin the range after hlre shall be
based on performance as determined pursuant to
Section 5.03, hereln. SubJect to the maximum
salary range establlshed hereln, employees covered
hereln shall receive, on the date of entrance
anniversary, annual sequential step increases of 5%
for overall Satisfactory performance, 6% for
overall Above Average performance, and 7% for
overall Outstanding performance ratings on the
reVlew that cOlncides with the annlversary date of
the employee, unless the Clty Attorney specifles
otherwise, ln wrltlng, wlth a statement of reasons.
ThlS notlficatlon shall be delivered at least SlXty
(60) days ln advance of the denlal of the scheduled
annual step increase.
E. Merlt pay for employees at maXlmum 0= range
An employee who has reached the maximum salary for
hls/her posltlon and whose most recent performance
ratlng is overall ABOVE AVERAGE or better shall be
eligible for an annual cash payment of 3-5% of the
annual base salary / the ratlng upon WhlCh thlS
payment shall be based shall be the assessment of
the lndl vidual conducted ln the precedlng year,
pursuant to Sectlon 5.03 hereln For an overall
OUTSTANDING ratlng, an employee shall be ellgible
for an annual cash payment of 6-8% of the annual
base salary; the rating upon WhlCh thlS payment
shall be based shall be the assessment of the
indl vldual conducted ln the precedlng year,
pursuant to Sectlon 5 03 hereln. Sald payments
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shall not be cons~dered base salary ln computlng
subsequent salary adJustments, but are subJect to
PERS contrlbut~ons. The bonus payment, lf any,
shall be made wlthin thirty (3D) days of the em-
ployee's annlversary date and shall be based on the
annual salary In effect on the employee I s
annlversary date
Overtime
Overtime for employees who are regularly asslgned to a
flve (5) day, eight (8) hours per day work week, and for
permanent part time employees who regularly work less
than elght (8) hours ln one day and forty (40) hours in
one week shall mean work by employees OccupYlng Ilne-ltem
posltlons covered hereln ln excess of elght (8). hours in
one (1) day or forty (40) hours in one week, provlded
such hours of work have had the prior approval of an
authorlzed departmental management offlclal. Overtime
for employees regularly assigned to a work day ln excess
of elght (8) hours or a work week in excess of forty (40)
hours shall mean work ln excess of the regularly
scheduled number of hours ln one (1) day or ln excess of
the regularly scheduled hours in one (1) week, provlded
such hours have had the prlor approval of an authorlzed
departmental management offlclal. Except that overtime
for all employees not classlfled as exempt under the
requirements of the Falr Labor Standards Act (FLSA) shall
mean work in excess of forty (40) hours In one (1) week,
provlded that such hours of work have had the prior
approval of an authorized departmental management
official. Should the Fair Labor Standards Act be amended
to change the deflnltlon of overtime for sald
employee (s), thlS Section shall be amended to reflect
those changes.
All authorlzed overtlme 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, ex-
cept that an authorized departmental management offlcial
may grant compensatory tlme off at tlme and one-half (1-
l5
2.04.
2.05
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1/ 2) for such overtlme to a maXlmum of forty (40) hours
in any fiscal year. Such compensatory time off must be
taken off durlng the flscal year ln which ~t lS earned.
Such time shall not be taken, however, ~n conJunction
wlth vacatlon leave.
Any compensatory time off not taken off durlng the flscal
year wlll be paid off at the appllcable rate of pay, as
of June 30.
Call-Back Pay
Should the Clty call back any full-t~me employee before
or after hls/her normal working hours to perform work,
the Clty shall credit the employee wlth not less than a
mlnlmum of two (2) hours of tlme, regardless of tlme
actually worked as a result of belng called back to work
to perform serVlces for the Clty.
Call-back shall be defined as any work not spec~flcally
scheduled ln advance as to time and/or place and for
which a person lS asked to return to the work place after
he/she has left the prlmary work place.
Blllnaual Comoensatlon
Quallfled employees who meet the criter~a set forth
hereln shall recelve a billngual Sklll pay of $50.00
per month. To receive billngual pay the followlng
criter~a must be met:
(1) The employee must be asslgned to speak or translate
a language ln addltlon to English. This may
lnclude speciallzed communicatlon skllls such as
sign language
(2) An employee must regularly utllize such skills
during the course of hls/her duties or upon request
of Clty management.
l6
2.06.
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(3) To become quallfled, an employee must be certified
as qualified through examlnatlon admlnlstered by
the Personnel Department.
(4) Recertification of thlS Sklll may be requlyed from
tlme to tlme through examlnat~on admlnlsterea by
the Personnel Department
An employee who has not been certlfled and quallfied and
is not recelvlng billngual skill pay will not be requlred
to utilize this Sklll except on an occasional basls.
If an employee qualifies for bilingual bonus for Spanlsh
and lS requlred to regularly use sald sklll during what
are deterwlned by the Personnel Department to be
emergency or emergency-related sltuations, he/she shall
recelve an addltlonal $50.00 per month, for a total of
$100.00 per month
Y-RatinQ
When a personnel act~on, e.g., demotlon due to layoff or
reclasslflcatlon, results ln the 10WeYlng of the
incumbent e'llployee' s salary range. the incumbent
employee's salary may be Y-rated. "Y-rat~ng" shall mean
the maintenance of the incumbent employee's salary rate
at the level effective the day precedlng the effectlve
date of the personnel actlon placing the employee ln a
lower salary range. The employee's salary shall remaln
at such level untll the salary range of the new
classlflcatlon equals or exceeds the Y-rated salary.
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ARTICLE III. SUPPLEMENTAL BENEFITS
3.0l.
3 02.
Retirement
The Clty is a contract member of the PubllC Employees'
Retlrement System (PERS), and ~t is understood and agreed
that such membershlp will be maintalned and that employee
eligiblllty, classiflcatlon, contrlbutions, and beneflts
are as prescrlbed In the contract between the Clty and
PERS heretofore approved by the Santa Monlca Clty
Council.
The Clty shall pay on behalf of each employee covered by
thlS Agreement an amount equal to 100% of the lndlvldual
employee's share of the requlred retirement contributlons
to PERS (i.e., 7% of the employee's "compensatlon" as
def~ned by law) .
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 reason of
such payments; as a result, the City wlll not treat these
payments as ordinary income and, thus, will not wlthhold
Federal or State income tax therefrom. The Clty'S prac-
tice wlll be to report these payments as belng those of
the employees so that they wlll be credlted to the par-
tlcular employee's lndivldual account wlth PERS and upon
termlnation will belong to the employee.
It is agreed that lf State and/or Federal procedures re-
qUlre reporting of these payments ~n any other manner,
the partles wlll ablde by such requlrements
~ealth Insurance Proarams
A. Medical Insurance
Effective July 1, 1996, the C~ty agrees to pay up
to a maXlmum of $475.00 per month towards the cost
of medical lnsurance coverage for employees and
eligible dependents provided that employees covered
18
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hereln partlclpate ln the Clty-offered medlcal
lnsurance programs The cos~ of medical lnsurance
coverage will be set each July 1st and wlll be a
"composlte" monthly lnsurance premlum derlved by
dividing the total monthly premlum for all medlcal
plans offered by the City, except the PERS PORAC
medical plans, by the total number of employees
enrolled ln said medlcal plans as of July 1st Any
extra payment required under such plans shall be
pald by the employee electlng such coverage.
In the event that the contrlbutlon "cap" does not
cover the cost of medical insurance coverage for
employees and eligible dependents, the City agrees
to meet and confer wlth PALSSU.
The Clty and PALSSU agree that employees should
benefit from any premlum savings which accrue from
the lmplementation of a new health lnsurance
program (Trlple Optlon Plan + Kalser) In 1994. The
following procedure wlll be utlllzed to determine
savlngs, if any, and, in the event of savings, how
sald savlngs wlll be distrlbuted:
1 The actual medlcal insurance premlum costs for
1993 for non-safety employees shall be
compared agalnst the Clty'S actual premlum
costs for the new Trlple Optlon Plan + Kalser
for those same employees.
2. If there should be any premlum savlngs between
1993 and 1994, each employee's share of the
savlngs will be determlned by dlvlding the
total amount of the savlngs by the total
number of Clty employees (non-safety)
particlpatlng In the City's medical lnsurance
program. Each employee's share of any savings
will be paid to the employee by no later than
March 1, 1995 Prior to thls payment, the
City wlll meet and confer wlth PALSSU and the
other Clty bargalning units to determlne the
method by which said payment wlll be made
(e.g., lump sum, contributlon to deferred
compensatlon plan, etc.).
19
3 03.
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In the event ~he medlcal lnsurance premlu~s for the
Trlple Optlon Plan Kalser for 1995, and any
subsequent calendar year, should be less than the
actual Clty medical lnsurance premlums for 1993,
the savlngs wlll be handled in accordance wlth the
same procedure, outlined above, wlth the payment
belng made to the employees by no later than March
1 of the followlng calendar year.
B. Dental Insurance
Dental lnsurance coverage shall be provided at no
cost to employees and thelr ellglble dependents
provided that employees covered hereln particlpate
In the City-offered dental insurance programs.
C. V1Slon Insurance
The City agrees to provide vlsion care insurance,
at no cost, to employees covered here~n. The City
retains the right to select the provlder and to set
the levels of coverage for said V1Slon care
insurance plan. The City also retains the rlght to
change the provider of sald vision lnsurance plan
and/or the level of benef~ts provlded under the
plan w~thout meet~ng and conferrlng.
Tuit~on Reimbursement
It is agreed that the City wlll budget annually an amount
equal to $lO.OO per employee ln the approprlate unit for
tUltion and requlred study material for career
lmprovement study approved by authorlzed management
officlals. Payment shall equal the total cost of tUltion
(excluslve of lodging and meals) and the total cost of
requ~red study materlals, provlded, however, that:
A. Enrollment ln the career improvement study course
shall be approved in advance by an authorlzed
management officlal;
20
3.04.
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B. The study course mus~ be dlrected to quallfication
for employmen:: ln a posltlon represented In the
Clty work force;
C The employee must exhlblt some reasonable
expectation of qualifYlng for such posltlon upon
successful completlon of the study course;
D Relmbursement shall be made only in lump-sum
payments upon successful completion of the
prescribed unlts of study required by study course
approved;
E. In no event shall the City's relmbursement be
reduced when there lS an outside source of ald
except ln those cases where the ald from the
outslde source{s) plus the normal City
relmbursement exceeds the cost of tUltlon and study
materlal for the approved study course.
F. If approved tUltion reimbursement costs exceed the
budgeted amount as descrlbed above, the costs will
be prorated so as not to exceed the budgeted
amount.
G. The maXlmum annual amount of re-imbursement per
indlvldual employee shall not exceed $1,000 00
Mlleage Relmbursement and Enerav Conservation
Relmhursement to employees for authorized use of personal
automobiles on City buslness shall be at the rate es-
tabllshed by the Clty Councll.
Santa Monica Munlclpal Bus Llne tokens, to a maXlmum of
thlrty (30} tokens per month, will be provided to any em-
ployee covered herein who submits, on the City mlleage
reimbursement form, a record of hls/her trips (home to
work site or work site to home) durlng the precedlng
month The Santa Monlca Municlpal Bus Llne route number
and the bus number used for each trip must be entered on
the mileage relmbursement form.
2l
3.05.
3.06.
3.07
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Any employee who has not been lssued a Clty parklng pass,
or who voluntarily turns ln hls/her park~ng pass, shall
be ellgible to recelve flfty (50) tokens per month under
the terms descrlbed above.
Deferred Compensation
It lS hereby agreed that employees covered hereln wlll be
offered partlClpatlon in the Clty'S deferred compensatlon
plan. The Clty will contribute to the plan the amount
the partlclpatlng employee lS contr~but~ng to the plan on
hlS/ her behalf, but in no event shall sald amount be
less than $10.00 per month nor exceed $25.00 per month
per particlpatlng employee.
Lana Term Dlsabl1itv Insurance
The Clty agrees to malntain a long term disabllity
lnsurance plan for permanent employees covered hereunder
at no cost to the employee. The long term dlsabllity
lnsurance beneflts will be equal to 60% of elthe~ the
employee'S base salary or $6,667.00 per month, whichever
amount is less, reduced by the employee'S income from
other sources.
Sick Leave Buv Back
Each employee has the annual
certaln unused s~ck leave on the
"bank" unused sick leave days.
optlon to be paid for
terms noted below or to
Payment at the employee's base salary for the flscal year
durlng WhlCh 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 30 of
that fiscal year. To quallfy for payment, an employee
must have a sick leave "bank" of SlX (6) days. For
purposes of this Sectlon, "bank" shall mean slck leave
earned in prior years and reported in the "Sick Leave
Balance Brought Forward from Prlor Contract Year" column
of the "Vacation, Slck Leave and Compensatory T~me"
report lssued by the Finance Department at the beglnning
of the fiscal year during WhlCh payable sick leave is
earned.
22
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Annual slck leave payoffs under thlS Section for
employees wlth less than ten (10) years of service shall
be made according to the followlng schedule:
sick Leave Days Used
In the Fiscal Year
Slck Leave Days Payable
At F1Scal Year End
o
l
2
3
4
5
6 or more
6
5
4
3
2
1
o
Annual sick leave payoffs under this Section for
employees with ten (lO) or more years of servlce shall be
made according to the followlng schedule:
Sick Leave Days Used
In the F1SCal Year
Slck Leave Days Payable
At Fiscal Year End
o
1
2
3
4
5
6
7
8
9
lO
11
12 or more
12
II
lO
9
8
7
6
5
4
3
2
l
o
It lS mutually acknowledged by the partles that the use
of Code 40 or other time off not approprlately scheduled
ln advance wlll dlsquallfy an employee from eliglbllity
for payment under this Section. There will be an
exception to this MOU provlslon for employees covered
hereunder who work a compressed work schedule Employees
23
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asslgned to work a compressed work schedule wlll be
allowed to use Code 40 or other paid leave tlme,
lncluding vacatlon, compensatory tlme, or unclassifLed
leave, to supplement the elght (8) hours of pald sick
leave in order to receive a full day's pay for a slck
day. The use of Code 40 or other pald leave tlme ln thlS
manner by an employee asslgned to a compressed work
schedule will not dlsquallfy the employee from belng
ellgible for the sick leave buy-back.
Sick leave
consldered
"bank" (or
date shall
for WhlCh payoff is recelved shall be
"used" ln that lt will not be added to the
lf added to the "bank" prlor to the payoff
be removed from the "bank")
Such payment shall be prorated only for employees taklng
serVlce retlrement durlng the contract year or for new
employees on the payroll as of June 30 of any covered
contract year.
24
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ARTICLE IV LEAVES
4.01. Pald Holidavs
Employees covered herein shall receive pald holldays as
hereinafter provided.
.January 1
.Third Monday ln January
.February l2
.Th~rd Monday ln February
Last Monday in May
.July 4
. .First Monday In september
.Fourth Thursday in
November
The Frlday followlng Thanksgivlng
The half day lmmediately before Chr~stmas Day
Christmas Day. . . . . . .December 25
The half day lmmedlately before New Year's Day
One {ll floatlng hollday
All other holldays declared by City Councll
New Year's Day.
Martln Luther Klng's Birthday.
Llncoln's Blrthday
Washington's Birthday.
Memorial Day .
Independence Day .
Labor Day. .
Thanksglving Day
Whenever any day Ilsted hereln as a paid holiday falls
upon the first or second day off of any employee who has
two (2) consecutlve days off, the day preceding shall be
deemed the hollday lf lt falls on the first day off, and
the day followlng shall be deemed the hollday lf lt falls
on the second day off in lleu of the day listed.
Whenever any day listed hereln as a pald hollday falls
upon any day off of an employee who does not have two (2)
consecutive days off, the following day shall be deemed
the holiday for such employee.
Time worked on an authorlzed pald
compensated at stralght tlme at
equlvalent to the monthly salary plus
pay.
hollday, shall be
the hourly rate
the regular hollday
Employees in Divlsions observlng different hollday
schedules shall, in lieu of the holidays Ilsted above,
recelve hol~days enJoyed by other operating employees in
that partlcular Divlsion; provided, however, that the
25
4.02.
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same number of holldays [twelve (~2) days] shall be
observed.
The floating hollday lS accrued by employees on pay
status on July 1 of each year. A floatlng hol~day not
taken by the end of the fiscal year shall be pa~d to the
employee on the flnal paycheck at flscal year end. A
floatlng holiday WhlCh lS cashed out at the end of the
fiscal year shall be paid ln an amou~t equal to eight (8)
hours at the employee's stralght-tlme base salary rate of
pay.
Vacation Leave
Employees covered hereln shall accrue vacatlon leave wlth
pay on the following basis:
A. Following completlon of the first six (6) calendar
months of continuous service, six (6) worklng days.
B. Thereafter, up to and includlng flve (5) completed
years of service, one (I) worklng day for each
completed calendar month of serVlce.
C. Thereafter, up to and lncludlng ten (lO) completed
years of serVlce, one and one-fourth (1.25) worklng
days for each completed calendar month of serVlce
D. Thereafter, up to and including flfteen (15) years
of serVlce, one and one-half (1 5) worklng days for
each completed calendar month of serVlce
E. Upon completion of fifteen (15) years of serVlce
and thereafter, one and three-fourths (1.75)
worklng days for each completed calendar month of
serVlce
F. The admlnlstration or appllcatlon of vacatlon leave
provisions and the Ilmltatlons on the accumulatlon,
proportionate accumulation, scheduling and payment
for such leave shall be as prescribed in the CiVll
Service provisions of the Santa Monlca Munlclpal
Code except that maXlmum accrual of vacatlon shall
be forty (40) days.
26
4.03.
4.04
4.05
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Slck Leave
Employees covered hereln shall accrue six (6) days of
sick leave folloWlng SlX (6) months of continuous
service. Thereafter, one (1) day shall be accrued for
each completed calendar month of serVlce. There shall be
no limlt on the number of days accrued except as provlded
ln Sectlon 3.07 (Slck Leave Buy Back) of thlS Agreement
Leave of Absence Without Pav
An employee may be granted a leave of absence without pay
upon applicatlon approved by the Clty Attorney and the
Clty Manager. Such leave may not exceed one (1) year's
time Upon expiratlon of the leave, the employee shall
be reinstated to the posltion held before the ~eave was
granted. Such leave shall be granted only in those cases
where an employee's record of service and gualiflcatlons
make it deslrable for the Clty to retain hls/her services
even at the cost of some lnconvenience to the Clty.
Milltarv Leave
An employee covered hereln who in tlme of war or natlonal
emergency as proclalmed by the Presldent of the United
States or the Congress of the Unlted States, or whlle any
natlonal conscriptlon act is ln effect, lS lnducted lntO
the armed forces of the Unlted States or who leaves
employment wlth the Clty to enter voluntarily the armed
forces and withln a reasonable time after leavlng hls/her
employment wlth the City does enter such serVlce, shall
be granted a leave of absence wlthout pay for the
duration of the period of actlve serVlce wlth such armed
forces. If such employee receives an honorable dlscharge
or lts equivalent and the positlon stlll exists and the
employee otherwlse is quallfied to fill the same, the
employee shall have a rlght to return to the posltion
with the City wlthln six (6) months after the termlnation
of such active serVlce but shall not have a right to so
return later than SlX (6) months after the end of the war
or after the time the President or Congress proclaims the
27
4.06.
4 07.
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national emergency ~s terminated, or after the exp~rat~on
of the nat~onal conscr~pt~on act. Such an employee shall
rece~ve sen~or~ty and other credits on the same basls as
though the employee had rema~ned ln Clty service and had
not taken such milltary leave. Leaves of absence wlth
pay for temporary m~litary duty shall be granted In
accordance with appl~cable State law.
Jurv Dutv
- -
Employees covered hereln, when duly called to serve on
any jury and when unable to be excused therefrom, shall
receive the regular base compensatlon less all Jury fees
received excludlng mileage for the tlme requlred to be
spent under the jurisdictlon of the court provlded that
an indivldual employee wl11 be so paid for jury service
no more than ten (10) days once every two (2) years and
shall make every effort to cooperate wlth any request by
the Clty At~orney or hls/her designee to request a delay
in jury serVlce to accommodate important department work
ln progress. Each employee receiving a notlce to report
for jury servlce shall lmmediately notify hls/her
lmmedlate superVlS0r
Whenever dally jury duty schedul~ng permits, employees
shall return to thelr regular daily Job ass~gnment to
complete thelr regular da~ly work hours.
Workers' Compensation Leav~
Any employee OccupYlng an employment class~flcatlon
covered here~n shall be ellglble to recelve disabllity
payments under the Workers I Compensatlon Act of
Callfornla as speclfied hereln: The employee shall
recelve the dlfference between the dlsablllty payments
under the Workers' Compensatlon Act and full salary for
the flrst Slxty (60) days of such dlsabllity, however,
the first two (2) days of this Slxty (60) day perlod
shall be wlthout salary
28
4.08.
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Parental Leave
A. Female Employees:
Female employees shall be entitled to a leave of
absence totallng either 1) four (4) months
lmmedlately following the Chlld's birth or adoptlon
lf the child is under the age of three (3), or 2)
two (2) months lmrnediately following the adoptlon
of a chlld between the ages of three (3) to seven
(7); or 3) one (1) month lmmedlately followlng the
adoption of a child age elght (8) to twelve (12).
The employee shall be returned to the same Job
classlfication occupled prlor to the leave upon
eXplratlon of the leave Addltlonal leave may be
requested under the provislons of this MOU
governing Leaves of Absence without Pay (Sectlon
4 04).
Maternlty leave lS not the same as parental ~eave
and shall be adminlstered ln accordance with State
and Federal law
B. Male Employees:
Male employees shall be entltled to the same leave
of absence as female employees (see above) provlded
he can demonstrate that he has prlmary
responslbility for the care of a new child who
requires constant parental supervislon. If a male
does not have the prlmary responsibl1ity for the
care of the new chlld, he w~ll be entitled to
parental leave for the 1) flrst forty-five (45)
calendar days following the blrth or adopt~on of a
Chlld under age three (3); or 2) flrst thirty (30)
calendar days lmmedlately followlng the adoption of
a Chlld age three (3) to seven [7); or 3) first
flfteen (15) calendar days lmmediately folloWlng
the adopt~on of a Chl1d age elght (8) to twelve
(12). The employee shall be returned to the same
job classlfication occupied prlor to the leave upon
exp~ratlon of the leave. Additlonal leave may be
requested under the provislons of thlS MOU
29
4.09.
4.10.
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govern1ng Leaves of Absence Without Pay (Sectlon
4. 04} .
c. For either male or female employees, leaves of
absence w1ll be granted in length greater than
outl1ned above 1f required by an adoptlon agency.
However, ln no case shall sald leave exceed a total
of one (1) year
D. Primarv ResDonsibll1tv shall be deflned as: The
- - -
employee's spouse is medically incapacltated, or
the spouse is gainfully employed durlng hours the
employee is normally scheduled to work and no
schedule change for the employee or spouse 1S
possible, or by demonstrating other extraordlnary
Clrcumstances (such as adoption of a dlsabled child
who requlres constant parental supervis1on}
Bereavement Leave
Bereavement leave not exceeding flve (5) worklng days
with pay shall be granted to employees covered herein due
to death of a member of the employee's 1mmed1ate famlly.
Immediate family shall mean spouse, Chlld, brother,
sister, parent, parent-ln-law, grandparent, step-parent,
step-brother or step-slster. In add1tion, bereavement
leave not exceedlng flve (5) working days wlth pay shall
be granted to employees covered here1n due to the death
of any member of the employee's household.
Uraent Personal Leave
Two (2) days of sick leave each fiscal year may be used
for urgent personal matters that could not be postponed
to a subsequent tlme. Th1S leave shall be charged
agalnst accrued sick leave, 1f any Th1S leave shall be
granted ln unlts of not less than two (2) hours, and only
1f accrued slck leave lS available. This leave shall not
be accruable from year to year if not used in any glven
year.
30
4 11.
4.12.
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UnclaSSlf1ed Leave
A pald unclassifled leave day shall mean elght (8) hours
at the employee's stra1ght-time base salary rate of pay.
As recognition of the lack of civl1 SerVlce protection
afforded to employees covered herelr" the Clty agrees to
grant to each employee who malnta1ns overall performance
ratings of SATISFACTORY or better: four (4) unclass~fled
leave days off wlth pay per contract year for employees
with less than ten {1D) years of service and five (5)
unclassified leave days off with pay per contract year
for employees with ten (10) or more years of serV1ce.
Unclassified leave days shall be earned ln lncrements of
one (1) day effective at the close of each three (3)
month perlod, with two (2) days earned at the end of the
fourth three (3) month perlod for employees wlth ten (10)
or more years of serVlce. New employees may not take
the1r first day until the second performance rating has
been given w1th a rat1ng of SATISFACTORY or better.
Payment equlvalent to the employee's base salary not to
exceed the equivalent of four (4) days [or flve (5) days
in the case of those employees Wl th ten (10) or more
years of servlce] shall be automatlcally payable to the
employee for unused days at the end of the f~scal year in
which they are earned; any remalning unused days shall be
forfeited. If the employee does not wish to be pa1d off,
he/she must not1fy his/her superVlsor in writing by June
15th that he! she wlshes to take the day(s); however,
sa~d day(s) must be taken by July 30th or be forfe~ted.
Family Leave
The Clty hereby agrees to implement famlly and medical
leave in accordance with the Callfornla Family Rlghts Act
(CFRA) and the federal Fam1ly and Med1cal Leave Act
(FMLA) for all employees covered hereln. These statutes
shall supersede and be lmplemented in 11eu of any
contract language or Clty pollcy/practice WhlCh prov1des
a lesser benefit.
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Before the 1ssuance of any adm1nlstrat1ve regulatlons
perta1nlng to leave under the CFRA or FMLA, the C1ty
agrees to d~scharge its meet and confer obllgac1on wlth
PALSSU.
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ARTICLE V. WORKING CONDITIONS
5.01. Safety
The City shall prov1de a reasonably safe and healthy
worklng environment 1n accordance wlth appl~cable State
and Federal laws and regulatlons. The employees covered
herein agree that where safety devices or items of
protectlve equipment are required or furn1shed, the1r use
shall be mandatory.
5.02.
E~loyee Parking
It ~s hereby agreed that the Clty will make every effort
to maintaln free parking as it presently eXlsts. for Clty
employees at City facillt1es. The employees covered by
this Agreement recogn12e that the Clty must comply with
Regulat~on XV issued by the A~r QuaIl ty Management
Distrlct (AQMD) and the Clty'S Transportatlon Management
Ord1nance. If the use of posltive lncent~ves does not
result 1n the Clty meet1ng the compliance requlremen~s of
AQMD's Regulatlon XV or the City's Transportat1on
Management Ordinance with~n one (1) year of the effectlve
date of thlS Agreement, ~t 1S understood that the City
can lmplement a charge for employee parklng in an effort
to meet those requlrements. In additlon, if lt should
become necessary to charge for parklng durlng the term of
th~s Agreement 1n order to comply with any orher State or
Federal requ~rements regard1ng transportatlon management,
the C~ty can lmplement sa1d charge. However, ln no event
shall the Clty implement such a charge for parking
wlthout meeting and conferr~ng with PALSSU should any
employee (s) represented by them be subj ect to such a
charge.
5.03
Performance Evaluatlons
The D1v~sion Head of each D1vis1on shall evaluate in
writing the performance of employees in their respectlve
dlvlsions and all new employees hired subsequent to the
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effective date of this Agreement Such evaluatlon wlll
be submltted to and approved by the C~ty Attorney unless
the City Attorney provldes a wrltten explanatlon to the
affected employee as to why the Clty Attorney dlsagrees
with the D~vlslon Head's evaluatlon. Those employees who
are covered herein, but who are not members of any
dlvlsion ln the City Attorney's Offlce, wll1 be evaluated
by the Clty Attorney. All employees will be glven
reasonable opportunlty to dlSCUSS sald evaluatlons wlth
the evaluator. The evaluatlons wll1 be performed on the
followlng basls:
(a) Once at the concluslon of the first three (3)
months of employment.
(b) Once at the conclusion of the flrst six (6) months
of employment
(c) Once at the concluslon of the flrst year of
employment.
(d) Once every year thereafter, with said performance
evaluations to be due three (3) weeks prlor to the
employee'S annlversary date wlth the Clty.
(e) Whenever an employee I s performance substantially
declines.
If the C~ty Attorney, or the Divislon Head, falls to
conduct a performance evaluatlon on or before ltS due
date, the employee shall advlse the City Attorney ln
wrl tlng that the evaluatlon lS past due. The Cl ty
Attorney, or the D1V1Slon Head, shall complete the
evaluatlon wlthin ten (10) days of said written notice
and any merit increase tled to the evaluatlon shall be
retroactive to the pay perlod ln which the evaluatlon was
origlnally due.
An employee covered hereln who believes that the
prescribed evaluation procedures have not been followed
or that the evaluatlon does not correspond to the facts
should make a wrltten complalnt to hls/her superVlsor
withln ten (10) days of receivlng the performance
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5.04.
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evaluation If no satlsfactory response :is recel ved
wlthln flve (5) days of flllng the compla~nt, the
employee should lmmedlately forward the complaint to the
City Attorney. If no satlsfactory response 1S recelved
wlthln flve (5) days, the employee shall have the rlght
to submit a wrltten rebuttal to the performance
evaluatlon and to have sald rebuttal attached to and
become part of the employee r s permanent performance
evaluatlon
Work Schedules
In those cases where a permanent employee desires to
modlfy hls/her work schedule to accommodate spec~flc work
schedule needs of the employee (e _ g., dependent care
arrangements) that do not fall wlthin the normal work
schedule establlshed for the employee's position, the
employee shall submit a request for a work schedule
modlflcatlon to hls/her Department Head. As long as the
operational needs of the Department and the Clty wll1
stll1 be met, upon approval of the Department Head, the
employee's request shall be approved. If lt should be
later determined that the operational needs of the
Department and the Clty can no longer be met wlth the
employee I s modlfled work schedule, the employee shall
receive at least thlrty (30) days' notlce that his/her
modified work schedule can no longer be contlnued. In
the event that the employee cannot change hls/her outside
scheduling need to fit wlthln the regular work schedule
established for hls/her posltion, the Clty wlll make
every reasonable effort to place sa~d employee ln another
like posltlon where the employee's specific scheduling
needs can be accommodated Whlle nothlng in this Sectlon
requlres that the employee's modlfled work schedule be
granted or that the employee be transferred to a like
position to meet the employee's outslde schedullng needs,
requests shall not be unreasonably denled
If an employee's request for a modlfled work schedule is
denied and lf the employee does not agree with the
decision that has been reached, the employee can grieve
such decislon under Section 6.03 (Grievance and Complalnt
Procedure) of thlS Agreement. Fallure to successfully
transfer an employee under thlS Section wl1l not be
grievable
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5 05.
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Emnlovrnent Senaratlons
- - -
A. Reductions In Force
PALSSU, and each affected member of PALSSU, shall
be provlded thirty (30) days' actual, wrltten
notlce of any reductlon in force (le., layoff
resultlng from a reductlon of the number of
budgeted permanent posltlons represented by PALSSU
ln the City's Adopted Budget) by the abolltlon of
any posltion(s) held by non-temporary employee(s).
No employee shall be terminated pursuant to this
provision prlor to the expiratlon of the notice
perlod.
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ARTICLE VI EMPLOYER/EMPLOYEE RELATIONS
6.01. Payroll Deductlons
It lS mutually understood and agreed that the City will,
subject to the prOV1Slons of Ordlnance No. 801 (CCS) and
during the term of thlS MOU, deduct monthly and remlt to
the office or officer deslgnated ln the employee payroll
deduction authorlzatlon any dues, credlt union
investments or payments, health and hosp~talization
insurance premlums, and life and accldent insurance
premiums. Any or all of such payroll deductlons are
subject to termlnation by the City Manager upon twenty-
four (24) hours notlce for fal1ure to comply wlth the
prOV1Slons of this MOO.
6.02.
Reasonable Notlce
It is mutually understood and agreed that a copy (via the
United States Postal Service) of the Clty Council and/or
Personnel Board agenda for each meetlng ma~led to the
authorized representatlve of the employees covered herein
shall constltute reasonable wrltten notice, and notlce of
an opportunity to meet wlth such agencies, on all matters
wlthln the scope of representatlon upon which the Clty
Councll or Personnel Board may act.
6.03
Grievance and Comnlaint POI1CV
- -
In the event any grievances, disputes, or dlsagreements
arlse concerning the lnterpretatlon or appllcatlon of the
terms of thlS MOU, such grlevances, dlsputes or
disagreements -- wlth the exceptlon of those complaints
covered ln Sectlon 5.03 (Performance Evaluations)
shall be resolved as follows
A. Flrst Sten. The aggrieved employee (s) is
encouraged to meet with the lmmedlate supervisor to
dlSCUSS the problem ln an effort to clarify the
problem and to work cooperatively toward a
settlement.
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6.04.
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B. Second SteD If the matter cannot be
satlsfactorlly resolved within thirty (30) days of
the event glvlng rlse to the grlevance [or wlthln
thirty (30) days of the tlme that the employee
learned of the event], the employee shall submlt
the grlevance in writlng to the Clty Attorney,
statlng the nature of the grlevance, the speciflc
MOU provislon alleged to be vlolated, and the
desired solutlon. The Clty Attorney shall meet
wlth the grievant wlthln flve (5) worklng days
followlng the presentatlon of the grlevance
within flve (5) worklng days followlng such
meeting, the Clty Attorney shall glve a wrltten
decision to the grlevant.
c. Thlrd Step. If the grlevance is not resolved at
the second step, wlthln flve (5) worklng days, the
parties shall conslder submitting sald grlevance to
mediation as 'provlded by Ordinance No. 801 (CCS).
If elther party cannot agree to medlatlon, within
flve (5) working days the partles shall then select
a grlevance board made up of one (1) representative
of PALSSU, one (1) representatlve from management,
and a thlrd who shall be a member of the State
Conclllation Service who shall also act as
chairperson. The declslon of the board shall be
blndlng subJect to the approval of the Clty
Councll.
Employees shall have the rlght to represent themselves
indlvldually ln grievance matters, or to be accompanled
by a PALSSU representative.
Reasonable tlme off without loss of payor beneflts shall
be given to a grlevant and/or PALSSU representative to
investlgate and/or process grlevances, and to witnesses
in any grlevance meetlng or hearlng held during worklng
hours.
Tlme Off for NeQotlatlons
Indivlduals covered hereln shall be afforded reasonable
tlme off wlth pay to prepare for and conduct
negotiatlons. The authorlzed representatlve must receive
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6.05.
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prior permlSSlon from the Clty Attorney to use such tlme
Notwithstandlng the llml~atlons In Ordlnance No. 801
(CCS), PALSSU shall be allowed two (2) representatives at
the negotiating table ln a pa~d status, provided that
sald representatlves shall not be entitled to pay if the
negotlatlng seSSlons fall outslde of their normal working
schedule.
Successors
Any person hlred to a permanent posltlon In the Clty
Attorney's Offlce simllar to those covered hereln shall
become a party to this MOD.
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IN WITNESS WHEREOF, the parties hereto have caused this Memorandum
of Understandlng to be executed thlS date: 11,..; L I
1997.
By
Publlc Attorneys' Legal Support
Staff Union
Clty of Santa Monlca
I
~-,~c~-=d:~~~
Teresa Bra~ield
PALSSU Representative
~tfL
Clty Manager
--71 }'1 /!. 1
//Ud/~ /hC4-'1rJ
. - ~ ':.;<" .
Mary Dr-ou
PALSSU Representatlve
~~-
Eu~nle ~enez 0
PALSSU Representative
APPROVED AS TO FORM:
ATTEST:
~~LJ }1I4~+~
Marsha JO~S Moutrie
City Attorney
l~-~
:pals"..;:..;. 19961
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Adopted and approved tills 11 th of February, 1997
..
~
()Ct1.1Ai
Mayor
---
I hereby certify that the foregomg ResolutlOn9122 (CCS) was duly adopted at a meetIng
of the City CouncIl held on the 11 th of February, 1997 by the followmg vote
Ayes
Councllmemhers
Femstem, GenseL Holbrook, Rosenstem
:'-roes
Councllmembers
None
Abstam
Councllmembers
0' Connor
Absent
Counctlmembers
Ebner, Greenberg
ATTEST
"----, '--. ~
~~- - o..d-
CIty C rk