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R-9122 e e 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 e e 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~ e e 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 17 e e 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 2 e e 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 3 1.04. 1 05. e e 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 4 l.06. 1. 07. 1.08. e e 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; 5 1 09. tit e 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 6 1.10 e e 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 e e 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: 8 e e 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. 9 e e (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. lO 1.14. 1.15 e e 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. II It e 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.) 12 e e (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 13 e e 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 14 2 03. e e 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 e e 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. e e (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. l7 e e 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 -- e 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. e e 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. e e 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 e e 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 e e 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 e e 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 e e 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. e e 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 e e 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. e e 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. e e 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. e e 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. e e 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. 31 e e 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. 32 e e 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 33 e e 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 34 5.04. e e 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 35 5 05. e e 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. 36 It e 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. 37 6.04. e e 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 38 6.05. e e 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. 39 e e 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 40 e e 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