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R-9104 e . RESOLUTION NO. 9104 (ecs) (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 MANAGEMENT TEAM ASSOCIATES WHEREAS, the City adm~n~strat~on and representat~ves of the Management Team Associates have met and conferred under the terms of Ordinance No. 801 (CCS) and have reached agreement on wages, hours and other terms and conditions of employment; and WHEREAS, Sect~on 2.06 of Ordinance No. 801 (CCS) of the C~ty of Santa Monica requ~res preparation of a wrltten Memorandum of Understand~ng between the adm~nistratlon and employees if an agreement can be reached, and WHEREAS, Section 2 06 of Ord~nance No. 801 (CCS) further provides that any such Memorandum of Understand~ng shall not be blnding unless and until presented to the governlng body for determinat~oni and e e WHEREAS, the purpose of the Memorandum of Understanding lS to promote and provide harmonious relatlons, cooperation, and understandlng between the City and the Management Team Assoclates; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS Section 1. The City Councll of the Clty of Santa Monlca does hereby approve and authorize the Clty Manager to execute the Memorandum of Understanding executed by the Management Team Associates, a copy of whlch is attached hereto Section 2 The City Clerk shall certlfy to the adoption of thls Resolutlon, and thenceforth and thereafter the same shall be in full force and effect APPROVED AS TO FORM: /h/LUL~ ,At Jf A1t0 MARSHA JciNES MOUTRIE' City Attorney '-nta:'5!5!6 ::'ef;:o:Ll.;:::.~c~1 e e Adopted and approved this 26th of November, 1996 w~ \';layor I hereby certIfy that the foregomg Resolution 9104(CCS) was duly adopted at a meetmg of the Cny CounCll held on the 26th of November, 1996 by the follmvmg vote Ayes CouncIlmembers Abdo. Ebner, Genser. Greenberg. Holbrook Noes Councdmembers None Abstam Councllmembers None Absent Counc-ilmembers O'Connor, Rosenstem ATTEST '---\~~ ,~~ City Clerk e e MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SANTA MONICA, CALIFORNIA AND MANAGEMENT TEAM ASSOCIATES TABLE OF CONTENTS ARTICLE I: GENERAL PROVISIONS 1.01 Partles to Memorandum.... ............. 3 1.02 Purpose......... . . . . . . . . . . . . . . . . . . . . . . . . 3 1.03 Term of Agreement........ .............. 4 1.04 City Councll Approval. .... .. ............ 4 1.05 Recognlzed Employee Assoclatlon Name.......... 4 1.06 Scope of Representation.... .. ........... 5 1 07 Full Understandlng, Modificatlon and Walver... 5 1 08 Management Rlghts Reserved..... ......... ..... 6 1 09 Peaceful Performance of Clty Service.......... 6 1.10 Validity of Memorandum of Understanding 8 1.11 Captlons for Convenlence......... 8 1.12 Equal Employment and Non-Discrlmlnation 8 1.13 Deflnitions ......... 9 1.14 Overpayment Remedy..... ...... ... 12 1.15 Payments at Terminatlon........... 12 ARTICLE II: COMPENSATION 2.01 Effectlve Date of Pay Increase................ 13 2.02 Salarles........ ....... . . . . . . . . . .. ... 13 2.03 Overtlme......... ....... . . . . . . . . . . . . . .. 14 2.04 Promotlonal Pay Rate....... ............. 14 2.05 Y -Rating. . . . . . .. . ........ . . . . . . . . . . . . .. 15 2 06 Pay for Servlng in a Hlgher Job Classlflcation.... ....................... 15 ARTICLE II I: SUPPLEMENTAL BENEFITS 3.01 Health Insurance Programs. ....... 17 3.02 Retirement . . . . . . . . . . . . . . . . . . 18 3.03 Tuition Relmbursement............. 19 3.04 Supplemental Retlrement Plans............ 20 1 e e 3.05 Mlleage Reimbursement and Energy Conservatlon.... ......................... 21 3.06 Mental Health Insurance.. ............... 22 3.07 Term Life Insurance....................... 22 3.08 Long Term Dlsablllty Insurance............ 22 3.09 Recognitlon of Exceptional Performance.... 22 3.10 Performance Based Increases........ 23 3.11 Slck Leave Buy Back...... ............. 24 ARTICLE IV: LEAVES 4.01 Paid Holidays . ..... . . . . . . . . . 4.02 Vacation Leave.. . . . . . . . . . . . . . . . . . . . . 4.03 sick Leave .. . . . . . . . . . . . . . . . . . . . . 4.04 Leave of Absence Without Pay..... 4.05 Military Leave...... ............ ... 4.06 Workers' Compensatlon Leave...... 4.07 Jury Duty.. ......... .. . . . . . . . . 4.08 Bereavement Leave.... . ........ 4.09 Management Leave...... . ........ 4.10 Parental Leave. ...... . ........ 4.11 Family and Medical Leave... ...... 27 28 29 30 31 31 31 32 32 33 33 ARTICLE V: WORKING CONDITIONS 5.01 Safety and Loss Preventlon............. 5.02 Effect of Job Performance on Salary... 5.03 Employee Parklng..... . ........ 35 35 36 ARTIC~~ VJ: EMPLOYER/EMPLOYEE RELATIONS 6.01 Payroll Deductions.... . ........ 6.02 Reasonable Notice... ... ........ 6.03 Grlevance and Complaint Policy... 37 37 37 EXHIBIT A... ....... 42 2 e e ARTICLE I: GENERAL PROVISIONS l. 01 Parties to Memorandum Thls Memorandum of Understandlng has been prepared pursuant to the terms of Ordlnance No. 801 (CCS) of the City of Santa Monica, which Ordinance is hereby lncorporated by reference as If fully set forth herein, and has been executed by the City Manager on behalf of management officlals of the City and by the MANAGEMENT TEAM ASSOCIATES (MTA) , and on behalf of employees OccupYlng the llne-ltem full-time employment positlon classlflcatlons set forth in Exhibit A WhlCh lS attached hereto and made a part hereof. In the event new job classificatlons are created which are proposed to be added to the MTA unlt, the Municipal Employee Relatlons Offlcer will notify MTA prlor to the Personnel Board and City Councll considerations of the new classlfications. Any classificatlons proposed to be added to the unit shall be mutually agreed upon in writlng and wlll become effective upon executlon by the President of MTA and the Municipal Employee Relations officer. As of January 1, 1992, the following positlon classifications wlll no longer be represented by MTA Each lncumbent in any of these classlflcations who elected, as of December 31, 1991, to be "grand parented" in MTA wlll contlnue to recelve MTA benefits, as set forth in thlS Agreement and any subsequent Agreements, as long as he/she continues to hold the posltlon classificatlon ln question. Auditorium Operations Supervlsor Princlpal Community Services Supervisor (formerly Recreatlon Supervisor) l. 02 Purpose The parties agree that the purpose of this MOU lS. to promote and provlde harmonious relations, cooperatlon and understandlng between the City and the employees covered herein; to provlde an orderly and equitable means of 3 1.03 1 04 1.05 e e resolving dlfferences WhlCh may arise under thlS memorandum, and to set forth the full agreements of the partles reached as a result of meetlng and conferring in good falth regardlng matters withln the scope of representation for employees represented by MTA. Term of Agreement Th1S Agreement shall be effectlve as of the 1st day of July 1996 and shall remain in full force and effect until the 30th day of June 1997. It shall be automatlcally renewed from year to year thereafter, unless either party shall notify the other ln writing not later than March 1 of each year that it deslres to terminate or modlfy this Agreement, and speclfically indicates requested modifications In the event that such notlce 1S glven, negotiations shall begln no later than Aprll 1 wlth a signed contract desired July 1. Clty Councll Approval This MOU is of no force or effect whatsoever unless or untll ratlfled and approved by resolutlon duly adopted by the Clty Councll of the Clty of Santa Monlca. Recognized Employee Association Name The MTA is hereby acknowledged as the Recognized Employee Organlzatlon representlng only the permanent llne-item employment posltlon classlflcations set forth in Exhib1t A (WhlCh 1S attached hereto and made a part hereof) pursuant to Bectlon 3 04 (c) of Ordinance No. 801 (CCS). It lS the mutual understandlng of the parties hereto that acknowledgment of the MTA as the Recognized Employee Organization A. Does not preclude employees positlon classifications themselves lndlvldually in relations with the City. such employment representing employment In from their 4 1.06 1.07 e e B. Does not preclude or restrlct the right of management officials to meet and consult with employees in such employment position classlflcatlons concerning their employment relations with the City. Scope of Representation The scope of representatlon of the Recognlzed Employee Organlzation shall include all matters relatlng to employment conditions and employer-employee relatlons lncluding, but not limlted to, wages, hours, and other terms and condltlons of employment, except, however, that the scope of representation shall not include consideration of the merits, necesslty, or organization of any service or activity provided by law or executive order and that the scope of representation shall be exercised or performed ln compllance with the provisions of Ordinance No. 801 (CCS) Full understanding, Modlfication and Waiver The parties agree that each has had full and unrestricted right and opportunlty to make, advance, and dlSCUSS all matters properly wlthin the scope of representation as outllned in Section 2.05 of Ordinance No. 801 (CCS) This MOD constitutes the full and complete agreement of the parties and there are no others, oral or written, except as specified ln thlS Agreement. The parties are not bound by any past practices or understandings of either party unless such past practlces or understandings are speciflcally stated in thlS MOU except that provisions or conditions not speclflcally changed in this or previous MOD's shall be as prescribed by the C1Vll SerVlce provisions of the Santa Monlca Clty Charter and the Santa Monica Munlclpal Code. Each party, for the term of this MOU, speclflcally waives the right to demand or petltion for changes hereln, whether or not the subJects were known to the parties at the time of execution hereof as proper subJects within the scope of representation as outlined ln Sectlon 2.05 of Ordlnance No. 801 (ees) 5 1. 08 1. 09 e e Management Rlghts Reserved The City retains all rights not speclflcally delegated by this Agreement, including, but not llmlted to, the exclusive right to: A. hire, promote, transfer, asslgn, suspend, schedule, Dlrect, superVlse, dlscipline, discharge, and retain employees. B. Relieve employees from duties because of lack of work or funds, or under conditions where contlnued work would be inefficient or nonproductive C. Determlne services to be rendered, operations to be performed, utilizatlon of technology, and overall budgetary matters. D. Determlne the appropriate Job classifications and personnel by which government operations are to be conducted. E. Determlne the overall mlSSlon of the unlt of government. F. Maintain and improve the efficiency effectiveness of government operations. and G. Take any necessary actlons to carry out the misslon of an agency in situatlons of emergency. H. Take whatever other actlons may be necessary to carry out the wishes of the publlC not otherwlse specified above or by collectlve agreement. Peaceful Performance of Clty SerVlce It is mutually understood and agreed that participatlon by any employee in a strlke or a concerted work stoppage termlnates the employment relatlonship in the absence of 6 e e specific wrltten waiver of such termination by an authorized management officlal. A. It is further understood and agreed that none of the partles hereto will participate in, encourage, asslst or condone any strike, concerted work stoppage, cessation of work, slow-down, sit-down, stay-away, picketing or any other form of lnterference with or limitation of the peaceful performance of Clty serVlces. B In the event that there occurs any strike, concerted work stoppage, cessation of work, slow-down, sit-down, stay-away, picketing or any other form of interference with or limitation of the peaceful performance of City services, the City, in additlon to any other lawful remedies or discipllnary actlons, may by action of the City Manager cancel any or all payroll deductlons, prohibit the use of bulletin boards, prohibit the use of City facilities, and prohibit access to former work or duty statlons C Neither the employee organlzatlon, nor any person acting in concert with them, wlll cause, sanction, or take part ln any strlke, walk-out, sit-down, slow-down, stoppage of work, picketing, retarding of work, abnormal absenteelsm, wlthholding of services, or any other lnterference wi th the normal work routine. The provlsions of this Article shall apply for the same term as thlS Agreement, or during any renewal or extension thereof. Vlolatlon of any provision of this MOU by the Recognlzed Employee Organlzatlon shall be cause for the Clty, at its sole option, to termlnate thlS Agreement in addltlon to whatever other remedles may be to the Clty at law or ln equity. D. The City agrees that there shall be no general lockout of bargaining unlt members 7 1.10 1.11 1.12 e e validity of Memorandum of Dnderstandlng If any provls1on of this MOD 1S determlned to be invalid or illegal by a court of competent Jur1sd1ctlon, then such provision shall be severed from this MOD, but the remainder hereof shall remain in full force and effect. The part1es hereto shall 1mmed1ately commence to negot1ate for the purpose of replac1ng any such lnval1d or 111egal provision Should any change be made 1n any Federal or State law, or in any rules and regulations implementing such leglslat1on, or 1n any City Charter provision or Santa Mon1ca Mun1c1pal Code provision which would be applicable and contrary to any provision herein contained, then such prOV1S1on of this MOD shall be automat1cally terminated, but the rema1nder of th1S MOD shall remain 1n full force and effect. Such leg1slat1on and/or rules and regulations shall supersede th1S MOD and applicable clauses shall be substituted for those ruled invalid or illegal. The parties hereto shall 1mmediately commence to negotiate for the purpose of replacing any such 1nval1d or 111egal provision. Captions for Convenience The capt10ns here1n are for convenience only and are not a part of this MOD and do not in any way limit, def1ne, or amplify the terms and prov1sions hereof. Equal Employment and Non-Discriminat1on It 1S agreed by both part1es to this MOD that management officials play a spec1al role in achieving equal opportun1ty in selecting, traln1ng, promoting, and disciplining employees. The parties hereto will work in partnersh1p w1th the Personnel Department to ensure full compl1ance with the letter and sp1r1t of all applicable local, State, and Federal laws, rules and regulations governing equal opportun1ty and with the Aff1rmative Act10n Program and Sexual Harassment Polley of the City of 8 1 13 e e Santa Monica whlch are incorporated by reference herein. Both parties acknowledge that progress in meeting affirmative actlon goals and the malntenance of a harassment-free work enVlronment are appropriate indicators of performance of an employee subJect to this MOD. Both partles also agree to abide by the requirements of the Americans wlth Dlsabllltles Act (ADA) Deflnltlons The followlng deflnitions are to be applied in the lnterpretatlon of this MOD. A. "Salary Range" shall mean the normal five steps (A through E) hourly or monthly pay scale (and the bl-weekly equlvalent) asslgned to each employment position classlflcation within the City work force, unless changes to the payroll system make a range of ten (10) steps posslble, as described in Sectlon 3.10 of thls MOD. B. "Salary Range Steps A through E" for each employment position classification within the City work force shall mean and be established to bear the followlng percentage relatlonship to Salary Range Step E computed to the nearest dollar. Normal progression through the range toward E step shall be In annual step increments contlngent on satlsfactory service. Step A - 81% of Step E Step B - 85% of Step E Step C - 90% of Step E Step D - 95% of Step E Step E - 100% C. "Nearest Dollar" shall mean the next lower dollar when the computed amount is fifty (50) cents or less 9 e e and the next hlgher dollar when the computed amount is fifty-one (51) cents or more. D "Line-item position" shall mean a posltlon whl.ch is: (1) speclflcally ltemlzed in the personnel sChedule of the annual budget of the Clty of Santa Monlca, and (2) eligible to accumulate vacatl.on, sick leave and other time off In proportlon to the percentage of the full-time forty (40) hour week. Other fringe beneflts shall be provided to part-tlme employees covered hereln as if they were employed on a full-time basis E. "Permanent Employees" shall mean: (1) A person who lS legally an l.ncurnbent of a line-item posltlon, full or part-tlme; or (2) A former lncumbent of a llne-ltem position on authorized leave of absence from a regularly budgeted positlon, which position lS held pending the employee's return. The term "permanent employee" shall not be construed to imply a guarantee of contl.nued employment. However, no permanent employee shall be denied the right to those due process protections appropriate to his/her status under the Munlclpal Code and Clty Charter and applicable State law. F. "Date of Entrance Annl versarylT shall mean the date which recurs annually after the date of entry l.nto a posltlon In the classlfl.ed service of the City of Santa Monica, el ther by orl.ginal employment, re-employment or promotion. The date of entrance for employees with broken service shall be consldered as the date on which the last unbroken service was effectlve. 10 e e G. "Satisfactory Service" shall mean the attalnment of an overall rating not less than "Competent" on the performance report associated with the employee I s most recent date of entrance annlversary H. "Full-Time Work Week" shall mean forty (40) hours. (1) Incumbents of line-item positions employed in a work week less than that deflned as the full-time work week shall be compensated in that proportlon of the compensatlon for full-tlme employment as the number of hours budgeted for that position bears to the full-time work week; incumbents of line-item posltlons employed In a work week greater than that defined as the full-time work week shall be compensated for hours in excess of the full-time work week on the basls of and in accordance with the prOVlSlons of the Artlcle hereof relatlng to overtlme. Compensation shall include base salary, deferred compensation and any other bonuses or skill pays provided by this Agreement. (2) Incumbents of line-item positions regularly working less than the full-tlme work week shall accrue vacation, sick leave and other tlme off in the same ratlo as the average number of hours they work per week is to the full-tlme work week for the posltlon occupled. Other frlnge beneflts shall be provlded to part-time employees covered hereln as If they were employed on a full-tlme basls. I "Pay" shall mean compensation worked, sick leave, vacatlon, holidays, management leave days, off and/or Jury duty. for regular hours bereavement leave, compensatory time J "In Pay Status" shall mean earnlng pay. 11 1 14 1.15 e e K. "Completed Calendar Month of SerVlce" shall mean a calendar month in which an employee, has been In pay status for eleven (11) or more working days. L. "Base Rate" shall mean the hourly rate for the employee I s salary step excluding any special asslgnment, bonus pays or other compensation. Overpayment Remedy Permanent employees covered hereln shall reimburse the Clty for any overpayment of wages or benefits. Sald reimbursement shall not be required until the City notifies the affected employee in writing. Reimbursement may be accompllshed by a lump-sum deduction made on the next subsequent employee payroll warrant followlng overpayment notification, or by other reasonable repayment method mutually acceptable to the employee and the City, except that the lump-sum deductlon shall be required if the next subsequent employee payroll warrant is the final or termlnatlon warrant lssued to the affected employee Payments at Termlnatlon When permanent employees covered hereln leave the service of the Clty of Santa Monica, they shall be entltled to lump-sum payoff of vacation leave, unused management leave days and unused accrued compensatory time only. No clalm shall be made agalnst the City for the use or payment of unused sick leave, nor shall the effective date of termination be extended by the use of compensatory tlme, slck leave, vacation or other leave days. 12 e e ARTICLE II: COMPENSATION 2.01 2.02 Effectlve Date of Pay Increase Notwithstandlng any other provision contained hereln, changes to the salary range and salary related beneflt changes provlded hereln shall become effective on the first day of the payroll perlod closest to the effective date stated herein If the effectlve date stated hereln falls on the Sunday in the mlddle of a pay period, the effective date shall be the first day of the following payroll period. Salarles Salarles of Clty employees In Ilne-ltem posltions shall be on a monthly rate, pald on a bl-weekly equivalent basis. In lleu of the bl-weekly equlvalent to a monthly rate, the City Manager may flx the compensation of any position at an hourly rate. In positions for whlch the work week is forty (40) hours, the hourly rate shall be determlned by dividing the bi-weekly rate by elghty (80). A. Effective July 1, 1996, the E-step salaries of employees covered hereln shall be increased by two percent (2%) B. A glven classlflcatlon covered by thls MOU wlll be ellglble to recelve an equity adJustment provlding that the compensation study conducted by the City of Santa Monica substantlates the need for an equity adjust~ent to brlng the salary range of that classificatlon In Ilne with the mean salary paid to the same classlflcatlon found in comparable clties. The City will be wllllng to receive and evaluate any salary comparison data that MTA might want to make avallable regardlng an equlty adJustment for a glven classification. Should a compensation study lndlcate that a given job classlflcation is currently being pald above the mean salary pald to the same 13 2.03 2.04 It e classiflcatlon found in conparable clties, the salary range of that classlflcatlon will remain unchanged. Internal equity factors will also be taken into conslderatlon, as deemed appropriate by the City, when determlnlng whether or not an equity adJustment for a given classlfication lS warranted. Equity adjustments descrlbed herein will be considered on an annual basls, either as a part of the annual budget process If no MOU negotiatlons should be occurrlng durlng the year or as a part of the MOU negotlatlons process should the MOD be up for negotiation. Overtlme Employees covered hereln are exempt employees as deflned by the Fair Labor Standards Act (FLSA) as FLSA is applied to public agency employees. As a result, employees covered herein will not have to account for their work time on an hourly basis and will only need to account for each full day of absence which occurs on a regularly scheduled work day Employees covered herein, as exempt employees, wlll not be ellgible to accrue compensatory time or be pald overtime Promotional Pay Rate If a permanent employee covered hereln lS promoted and his/her salary is equal to or greater than the entrance salary of the promotional classlflcatlon, the employee's salary shall be increased to the next hlgher salary rate which provides a minimum five (5) percent salary lncrease, provided, however, that In no event shall the salary rate exceed the maXlmum salary rate for the new classiflcatlon. In the event the promotion is to a supervlsory posltion, the employee promoted shall recelve not less than the next higher salary rate whlch provldes a minimum flve (5) percent increase above the hlghest salary rate being pald to any subordinate, provlded, however, that in no event shall the salary rate exceed the maximum salary rate for the new classlflcatlon 14 2.05 2.06 tit e A reclassiflcatlon of a permanent employee covered herein to a hlgher level job classlflcatlon will be considered a promotlon and the employee's salary shall be increased to the hlgher salary rate In the new classification which provides a mlnlmum of five (5) percent salary increase, provided, however, that in no event shall the salary rate exceed the maximum salary rate for the new classification. Y-Rating When a personnel action, e 9 , demotion due to layoff or reclassificatlon, results In the lowerlng of the salary range of a permanent employee covered hereln, the lncumbent employee's salary may be Y -rated. "Y-rated" shall mean the malntenance of the employee's salary rate at the level effective the day preceding the effectlve date of the personnel action placing the employee In a lower salary range. The employee's salary shall remain at such level until the salary range of the new classlflcatlon equals or exceeds the Y-rated salary Any MTA member whose posltlon lS abollshed shall be demoted to the hlghest posltlon under the member's supervision for which he/she qualifies and subJect to the "Y-Rating" provislons above. Pay for Servlng In a Higher Job Classification When, in the determlnatlon of the Department Head or Clty Manager, It lS necessary to specifically asslgn an employee the slgnlflcant duties and responslbllltles of a hlgher classification, the employee so asslgned shall be compensated as follows: A. If the position is temporarlly vacant due to the vacatlon, long-term slck leave or other temporary absence of the employee in the hlgher classlficatlon, wlth sald absence to be a mlnlmum of twenty (20) consecutlve work days, the employee temporarlly assigned shall recelve the salary rate for the vacant classificatlon at the lowest salary step whlch provides an lncrease of at least flve (5) percent over his/her current salary for all such 15 e e work days asslgned In the higher classification. If the asslgnment was not projected to be a minimum of twenty (20) consecutlve work days, but ends up belng at least twenty (20) consecutive work days In length, the employee filling that higher classlflcatlon wlll recelve the hlgher rate of pay, as spelled out in this section, retroactive to the flrst day of the assignment The Clty shall not rotate employees In and out of the hlgher posltion classlflcatlon asslgnments In order to avold paYlng said compensation B If the posltlon to be fllled lS vacant and there is no valld ellglble llst for the classlflcatlon, the Department Head or Clty Manager, if he/she has initlated procedures to flll the vacancy on a permanent basls, may assign an employee who meets the minimum qualiflcations of the vacant position to fill the position on a temporary detall (acting) basls. The employee so assigned shall receive the salary rate for the vacant classlflcation at the lowest salary step whlch provides an increase of at least five (5) percent over hls/her current salary. If an ellglble llst exists for the vacant posltion, the Department Head shall appolnt an employee from the ellglble llst at the earliest posslble date, and the provisions of this paragraph shall be applicable to the employee asslgned to cover the vacancy In any interim period Nothlng In thls sectlon shall require the Clty to make temporary asslgnments of employees 16 e e ARTICLE III: SUPPLEMENTAL BENEFITS 3.01 Health Insurance Programs A Medical Insurance Effective July 1, 1996, the Clty agrees to pay up to a maximum of $475 per month towards the cost of medical lnsurance coverage for employees and eligible dependents provlded that employees covered herein particlpate In the Clty-offered medlcal insurance programs. The cost of medlcal lnsurance coverage wlII be set each medical plan year and will be a "composlte" monthly premlum derlved by divldlng the total monthly premium for all medical plans offered by the City, except the PERS PORAC medlcal plans or any other PERS medlcal plans, by the total number of employees enrolled In said medlcal plans as of the beglnnlng of the medical plan year. Any extra payment required under such plans shall be paid by the employee electing such coverage. The Clty and MTA agree that employees should beneflt from any premlum savlngs which accrue from the implementation of a new health insurance program (Trlple Optlon Plan + Kalser) In 1994. The following procedure will be utlllzed to determine savings, if any, and, in the event of savlngs, how said savings will be distrlbuted: (1) The actual medlcal insurance premium costs for 1993 for non-safety employees shall be compared agalnst the Clty'S actual premium costs for the new Triple Option Plan + Kalser for those same employees. (2) If there should be any premlum savings between 1993 and 1994, each employee's share of the savlngs wlII be determined by dl viding the total amount of the savlngs by the total number of Clty employees (non-safety) participating In the Clty'S medlcal insurance program. Each 17 3 02 e e employee's share of any savings w~ll be paid to the employee by no later than March 1, 1995. Prior to th~s payment, the City will meet and confer with MTA and the other City barga~n~ng units to determine the method by which sa~d payment w~ll be made (e. g. , lump sum, contribut~ons to deferred compensation plan, etc.) . In the event the medical insurance premiums for the Tr~ple Opt~on Plan for 1995, and any subsequent calendar year, should be less than the actual City medical insurance prem~ums for 1993, the savings will be handled in accordance w~th the same procedure, outl~ned above, with the payment be~ng made to the employees by no later than March 1 of the following calendar year. B. Dental Insurance Dental insurance coverage shall be provided at no cost to the employees and their el~g~ble dependents provided that employees covered here~n participate ~n the C~ty-offered dental insurance programs C. vision Insurance The City agrees to cont~nue to provide vision care insurance, at no cost, to employees covered here~n. The City reta~ns the right to select the provider and to set the levels of coverage for said v~s~on care insurance plan. The C~ty also retains the r~ght to change the prov~der of said v~s~on ~nsurance plan and/or the level of benef~ts prov~ded under that plan without meet~ng and conferring. Retirement The City is a contract member of the Publ~c Employees' Retirement System, and ~t ~s understood and agreed that such membersh~p w~ll be maintained and that employee el~g~bility class~f~cat~on, contribution, and benefits are 18 3.03 e e as prescrlbed ln the contract between the Clty and the PubllC Employees' Retirement System heretofore approved by the Clty Councll. The Clty shall continue to pay on behalf of each permanent employee covered herein one hundred (100) percent of the individual employee's share of the required retirement contr1but1ons to PERS [seven (7) percent of the employee's "compensatlon" as defined by PERS leglslatlon] for the term of this MOD. These payments are not lncreases of salary and no salary range appl1cable 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 will not treat these payments as ordinary income and thus, will not withhold Federal or State income tax therefrom. The City's practice will be to report these payments as being those of the employees so that they w1ll be credlted to the particular employee's individual account with PERS and upon termlnatlon will belong to the employee. It 1S agreed that if State and/or Federal procedures require reportlng of these payments ln any other manner, the parties will abide by such requirements. TUltion Reimbursement The Clty will budget annually sufficlent funds to provlde each permanent llne-ltem employee of the MTA tuition and required study material relmbursement for career lrnprovement or Job enhancement courses approved by authorized department management offlclals and subject to appeal to and approval of the Dlrector of Personnel. Reimbursement shall equal the total cost of tuition (excluslve of lodging and meals) and the total cost of required study materlals, provlded, however, that A. The maximum annual indivldual employee dollars ($1,000.00). amount of reimbursement per shall not exceed one thousand 19 3.04 e e B. The course of study must be approved in advance by authorized department officials and the Director of Personnel C. The course must be dlrected to quallfy the employee for an employment posltlon represented in the City work force or to enhance current Job Skllls. D. The employee must exhibit some reasonable expectation of quallfYlng for the new position upon successful completion of the study course if that was the reason for the course E. Reimbursement shall be made upon successful completion of the preauthorlzed course and upon presentation of recelpts and proof of satisfactory course completion. F. In no event shall the City'S relmbursement be reduced when there is an outside source of aid except in those cases where the aid from any outside source, plus the normal City reimbursement, exceeds the cost of tuition and study material for the approved study course. G. Only employees who have completed a probationary period with the Clty shall be ellglble for this program. H. Courses for which tuitlon relmbursement wlll be made must be taken on the employee's time or on authorlzed vacation leave. I. The procedure to be followed wlth regard to the administration of the tUltlon reimbursement program shall be establlshed by the Personnel Department. Supplemental Retirement Plans The Clty shall establlsh and malntaln a deferred compensatlon plan pursuant to the prOV1S10nS of Seetlon 457 of the Internal Revenue Code of 1986, as amended 20 3 05 e e On behalf of each employee covered hereunder, the Clty agrees to contribute three hundred twenty-flve (325) dollars lntO the 457 plan. In addltlon, on behalf of each employee covered hereunder, the Cl ty further agrees to contribute into the 457 plan the amount the employee is contrlbutlng lnto the 457 plan, but ln no event shall the addltlonal Clty contribution exceed seventy-five (75) dollars per month per participating employee. Under thlS section, the City's total contribution lnto the 457 plan shall not exceed four hundred (400) dollars per month per partlclpating employee. MTA shall have the option of havlng the Clty contrlbution, as described above, be paid into a pension plan established pursuant to the provlsions of Sectlon 401(a) of the Internal Revenue Code, as amended, lnstead of the 457 plan. Upon notlflcation by MTA, the City shall establlsh and malntaln a pension plan pursuant to the provisions of Section 401(a} of the Internal Revenue Code, as amended. At the earliest date posslble, the City contrlbutlons, as described above, shall be pald lnto the 401(a) plan. Ml1eage Relmbursement and Energy Conservatlon Relmbursement to permanent employees covered herein for the authorlzed use of personal automobl1es on Clty buslness shall be at the rate authorlzed by the City Council. Relmbursement rates will be considered in preparing budget recommendatlons at least every two (2) years. Santa Monica Municipal Bus Llne tokens, to a maXlmum of twenty (20) tokens per month, wl11 be provided to any employee covered herein who submlts, on the City form, a record of hlsjher trips (home to work site, or work site to home) durlng the precedlng month. The Santa Monica Municipal Bus Llne route number and the bus number used for each trip must be entered on the relmbursement form Any employee who has not been issued a City parking pass, or who voluntarl1y turns in hlsjher parking pass, shall be 21 3.06 3 07 3.08 3 09 e e ellglble to receive forty (40) tokens per month under the terms described above. Mental Health Insurance The Clty agrees to provide mental health insurance coverage, at no cost, to permanent employees and their ellglble dependents provlded that employees covered hereln partlclpate In the City-provlded mental health lnsurance program. Term-Life Insurance The City agrees to maintain at no cost to the employee a term life lnsurance plan for permanent employees covered hereln, wlth lndlvldual coverage of twice the employee's annual base salary. Long Term Dlsablllty Insurance The City agrees to maintain a long term disability plan for permanent employees covered hereln, at no cost to the employee. Coverage shall be maintained under current terms. The maXlmum salary upon which benefits are calculated shall be $6,667.00 per month. Recognltion Of Exceptional Performance Exceptlonal performance beyond the establlshed goals and ob]ectlves for employees covered hereln may result in a cash performance incentive of one (1) percent to ten (10) percent of the employee 1 s annual salary for the past fiscal year. Such payments shall be regarded as one-tlme bonuses and shall not become part of the employee's base rate. They are subject to retlrement contrlbutlons. Employees below the E-step of the salary range may receive a merlt step increase or a cash bonus for exceptional performance, but may not receive both In a given contract year 22 3.10 e e A merit pool, not to exceed six (6) percent of the base salaries of employees covered hereln shall be established annually from whlch any and all such payments shall be made Nothing herein shall be construed as requlrlng that all pooled funds be distributed In any year. The program procedures shall include, at a minimum, that Department Head recommendations with appropriate Justlflcatlon be forwarded to the Clty Manager by July 31 of each year and that the Clty Manager and Dlrector of Personnel reVlew the department recommendatlons for consistency and resolve resource problems if the recommendations total more than the available funds by August 15. The final recommendations of the City Manager will be made and communlcated to the employees and their Department Heads durlng the last week in August and payment shall be made by September 15. If, in the opinion of the city Manager, no cash payment is warranted by an employee's performance, the employee shall have the opportunity to present, wlthln ten (10) days of notification that no payment lS due, additional lnformatlon that might alter the City Manager's decision. The declslon of the Clty Manager, after conSlderatlon of any such addltlonal lnformation, shall be final and no appeal may be taken therefrom. The amount of payment is not subJect to appeal It lS expressly understood and agreed that the performance incentive payments descrlbed In this Section do not constitute a generally granted increase under Sectlon 1100 of the Clty Charter and Section 2.04 680 of the Santa Monica MuniClpal Code and that denial of such payment does not constitute a demotlon. Performance Based Increases If during the term of this MOU, the payroll system has been changed by the City to provlde for a ten-step salary range, the range adopted shall be as follows. 23 3.11 e e nAil 80.0% of Step ITEr, "Al" 82.5% of Step "Etl nBIP 85 0% of Step liEn "Bl" 87.5% of Step liEn !IerT 90.0% of Step liEn "Cl" 92.5% of Step liEU IIDTI 95.0% of Step "EII IIDlU 97.5% of Step liE II IIEII 100.0% Steps "Al"," "Bl","Cl", and "Dl" shall be referred to as "interim steps." Normal progression through the range shall be as provlded in Section 5.02, "Effect of Job Performance on Salary." On an employee's annlversary date, the Department Head may elect to grant an increase to an lnterlm step, rather than to the next full step, if performance lS rated Improvement Needed or Unacceptable A Department Head may elect to grant an lncrease of one full step plus one interlm step on the employee's anniversary date If performance is rated above average or better In no event may such increases exceed the E-step of the salary range for the employee's classlflcatlon. Sick Leave Buy Back Employees covered herein shall have the annual option to be paid for certain unused sick leave on the terms noted below or to "bank" unused sick leave. Payment at the employee's base rate for the flscal year during which the slck leave was earned but not used 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 slck leave "bank" of twelve (12) days. For the purposes of this section, "bank" shall mean sick leave earned in prior years and reported In the "Slck Leave Balance Brought Forward from Prior Contract Year" column of the "Vacatlon, sick Leave and Compensatory Tlme" report lssued by the Finance Department at the beginnlng of the fiscal year durlng whlch payable sick leave is earned 24 e e Annual sick leave payoffs under th1S Sect10n for employees with less than ten (10) years of service shall be made accord1ng to the following schedule: Slck Leave Days Used In the Fiscal Year Sick Leave Days Payable At F1scal Year End 2 or less 3 4 5 6 7 8 or more 6 5 4 3 2 1 o Annual sick leave payoffs under this Sect10n for employees with ten (10) or more years of serV1ce shall be made accord1ng to the follow1ng schedule, providing there are enough slck days accrued 1n the employee's sick leave bank to cover the payoff described below: Sick Leave Days Used In the Fiscal Year Slck Leave Days Payable At Fiscal Year End 2 or less 3 4 5 6 7 8 9 10 11 12 13 14 or more 12 11 10 9 8 7 6 5 4 3 2 1 o It 1S mutually acknowledged by the part1es that the use of Code 40 or other t1me off not appropriately scheduled in advance w1ll d1squal1fy an employee from eligib1llty for payment under this section sick leave for considered "used" Wh1Ch payoff 1S received shall be in that 1t w1ll not be added to the 25 e e II bank " (or If added to the "bank" prlor to the payoff date shall be removed from the "bank"). sick leave payoffs under thls sectlon shall be made by separate check by the end of July followlng the flscal year in which the payable slck leave was earned. For the purposes of this section, slck leave days subJect to payoff at the end of the flscal year shall be paid on the basis of eight (8) hours pay, at the employee's base salary rate of pay, for each slck leave day eligible for payoff. 26 e e ARTICLE IV: LEAVES 4.01 Pald Holidays Employees covered hereln shall receive pald holldays as provided below: New Year's Day - January 1 Martin Luther Klng's Blrthday - Third Monday in January Lincoln's Blrthday - February 12 Washington's Birthday - Thlrd Monday In February Memorial Day - Last Monday ln May Independence Day - July 4 Labor Day - First Monday in September Thanksglvlng Day - Fourth Thursday in November The Frlday Following Thanksgiving Day The Half-Day Immedlately Before Chrlstmas Day Christmas Day - December 25 The Half-Day Immediately Before New Year's Day One Floatlng Hollday All Other Holldays Declared by the Clty Councll A floating hollday becomes available at the beginning of each fiscal year and must be taken before the end of that fiscal year. A floating holiday not taken by the end of the fiscal year may be paid to the employee If the employee enters the day on hls/her final time card for the flscal year. If the employee elects to be paid for the floatlng hollday at the end of the fiscal year, he/she will be pald elght (8) hours of pay at the employee's base salary rate of pay. Fallure to take the floating holiday or to put the hollday on the last time card for the flscal year shall constitute a forfelture by the employee Whenever any day llsted hereln as a paid holiday falls upon the flrst or second day off of any employee who has two (2) consecutlve days off, the day precedlng shall be deemed the hollday If It falls on the first day off, and the day following shall be deemed the holiday If It falls on the second day off In lleu of the day llsted. Whenever any day listed hereln as a paid holiday falls upon any day off of an employee who does not have two (2) consecutive days off, the followlng day shall be deemed the holiday for such employee. 27 4.02 e e Employees in departments or d~v~s~ons observ~ng different holiday schedules shall, In l~eu of holidays listed above, rece~ve holidays enjoyed by other operating employees ~n that department or dlvlsion, provlded, however, that the same number of holidays [twelve (12)] shall be observed. Vacation Leave Employees covered here~n shall accrue vacation leave w~th pay on the following basis. A. Following completlon of the first six (6) calendar months of continuous service, SlX (6) working days. B. Thereafter, up to and ~ncluding five (5) years of serv~ce, one (1) work~ng day completed calendar month of serVlce. completed for each C. Thereafter, up to and lncludlng ten (10) completed years of service, one and one-quarter (1.25) worklng days for each completed calendar month of service. D. Thereafter, up to and including fifteen (15) completed years of service, one and one-half (1 5) work~ng days for each completed calendar month of serVlce. E. Upon completion of fifteen (15) years of serVlce and thereafter, one and three-quarters (1.75) working days for each completed calendar month of serVlce F. At the City Manager's discretlon, a new City employee who lS covered by this bargalnlng agreement, based on the terms and condltions of the employee 1 s prevlous employment, may be granted a vacation accrual rate whlch exceeds that llsted above. G. Employees are expected to take thelr vacation each year An employee who has accrued vacation to the maXlmums prescribed hereln may be requlred to take vacation leave In order to reduce the accumulatlon balance The scheduling of vacation shall be accordlng to department or dlvlslon policies and 28 4.03 e e contlngent on the service needs of the department. If an employee lS denled the tlme off requlred to maintain a vacatlon balance below the maXlmum allowed, the Department Head shall authorlze payment to the employee for such vacation as would exceed the maximum accumulatlon llml t However, if the employee lS scheduled to take vacatlon and falls or refuses to do so, he/she forfeits the excess accrual without compensation. H Accrual of vacatlon leave shall not exceed three (3) tlmes the employee's annual accrual of vacatlon I Except as provlded hereln, the administration or appllcatlon of Vacatlon leave provisions and the limitations on the accumulation, proportlonate accumulation, scheduling and payment for such leave shall be as prescribed in the Civil Service provisions of the Santa Monica Munlclpal Code J If an employee covered herein should receive a payoff for any unused accrued vacation days, sald days shall be paid on the basls of elght (8) hours pay, at the employee's base salary rate of pay at the tlme of the payoff, for each vacatlon day eligible for payoff. Slck Leave A The use of slck leave shall be defined as in Sectlon 2.04.570 of the Santa Monlca Municipal Code, hereby incorporated as if set forth in full hereln, except as follows: sick leave shall be defined as absence from duty because of the employee's lllness or off-the-job injury, exposure of the employee to contagious disease as eVldenced by certlflcation from an accepted medical authorlty, or medical or dental appOlntments of the employee which could not be scheduled during non-work hours, with proper advance notlflcatlon to the Department Head. 29 4 04 e e B. Employees covered herein shall accrue sick leave wlth pay on the following basls, provided that permanent part-time employees shall accrue slck leave in that proportlon as the number of hours budgeted for the posltion bears to the full-tlme work week: (1) Following the completion of the first six (6) calendar months of contlnuous service, SlX (6) worklng days. (2) Thereafter, one (1) working day for each completed calendar month of service. (3) At the Clty Manager's discretlon, a new Clty employee who is covered by thlS bargalnlng agreement, based on the terms and conditions of the employee's previous employment, may be granted a lump sum number of sick leave days upon hls/her employment with the City of Santa Monica. C. The foregoing beneflts are cumulative subJect to the following restrlctions (1) No more than one-hundred-thlrty (130) working days may be applled against sick leave for any one (1) illness. D Any employee who is absent because of slckness or other physlcal disabllity shall notlfy his/her Department Head or other immedlate superlor officer as soon as posslble but ln any event in accordance wlth department rules and regulatlons Leave of Absence Wlthout Pay A permanent employee covered herein may be granted a leave of absence without pay upon applicatlon approved by the Department Head and the Clty Manager. Such leave may not exceed one (1) year's time. Upon explration of the leave, the employee shall be reinstated to the positlon held before the leave was granted Such leave shall be granted 30 4.05 4.06 4.07 e e only In those cases where an employee's and qualifi.catlons make it desirable retain the employee's services even at inconvenience to the Clty. record of service for the City to the cost of some Mllltary Leave The City will observe the military leave requirements of State and Federal law. Workers' Compensatlon Leave Employees covered herein hired by the Clty on or before June 30, 1985, receiving disability payments under the Workers' Compensatlon Act of California shall receive the dlfference between the dlsabllity payments under the Act and full salary durlng the flrst ninety (90) days of such dlsabllity absence. Employees covered hereln hlred by the City on or after July 1, 1985, shall be entitled to only those Workers' Compensatlon benefits specified under State law and shall receive no salary from the City durlng a leave for lnJurles covered by the Workers' Compensatlon Act. Jury Duty Employees covered hereln, when duly called to serve on any jury and when unable to be excused therefrom, shall receive the regular base compensation less all jury fees received excluding mileage for the time requlred to be spent In court provided that an lndividual employee wlIl be so paid for ] ury service only once every three (3) years and shall make every effort to cooperate wlth any request by the Department Head to request a delay in Jury service to accommodate important department work in progress. Each employee recelvlng a notice to report for jury serVlce shall immedlately notify hls/her lmmediate supervisor. 31 4.08 4.09 e e Whenever daily jury duty scheduling permits, employees shall return to thelr regular dally Job assignment to complete their regular dally work hours. Bereavement Leave Bereavement leave of not more than flve (5) worklng days with pay shall be provided for absence from duty due to the death of a member of the employee's immedlate family, meaning spouse, child, brother, slster, parent, parent-in-law, son-in-law, daughter-in-law, step-parent, step-brother, step-slster, grandparent or grandchlld. In addltlon, bereavement leave of not more than five (5) worklng days wlth pay shall be provided for absence from duty due to the death of any member of the employee's household. Management Leave As partlal recognltlon of the sensitive and demandlng nature of the employer-employee relatlonship as regards employees covered herein, the Clty hereby agrees to grant to each employee covered herein elght (8) management days off wlth pay to all such employees wlth less than fifteen (15) years of serVlce. An additional management day [total of nine (9) days] shall be granted to all covered employees wlth fifteen (15) or more years of service. Management days shall be earned in increments wlth two (2) days avallable July 1 of each flscal year; two (2) additional days available October 1 of each fiscal year; two (2) addltlonal days available January 1 of each flscal year; and two (2) addltlonal days available Aprll 1 of each fiscal year. Employees with nlne (9) days shall earn the extra day as of April 1 of the fiscal year. Unused management leave days may be paid to the employee lf he/she records them on the final tlme card of each flscal year or ln such other pay perlod required by the Payroll unlt of the Flnance Department. Unused cashable management leave days paid to the employee at the end of each flscal year shall be pald on the basls of elght (8) hours pay, at the employee's base salary rate of pay, for each management leave day eligible for payoff. 32 4.10 4.11 tit e In add~t~on to the cashable management leave days described above, each employee covered here~n shall be ent~tled to two (2) non-cashable management leave days. The two (2) non-cashable management leave days shall be available July 1 of each fiscal year. An employee must be on the payroll as of July 1 in order to be el~g~ble to rece1ve the two (2) non-cashable wanagement leave days for that fiscal year. These two (2) non-cashable management leave days shall not be accruable from year to year if not used ln any g~ven f~scal year, nor shall the employee be compensated for unused non-cashable management leave days at the end of the f~scal year. Any unused non-cashable management leave day (sl shall be forfe1ted at the end of the fiscal year. Parental Leave Employees who demonstrate that they have primary responsibility for the care of a new chlld shall be entitled to a leave of absence total~ng four (4) months immediately following the child's blrth or adopt1on and shall be returned to the same line-item posltlon occupled pr10r to the leave upon 1tS eXplrat10n Pa1d vacation leave and slck leave, lf appllcable, as well as unpaid leave shall be counted toward the four (4) month total. Addltlonal leave may be requested under the provisions of Section 4.04 of this MOD. Maternity leave 1S not shall be admln1stered Federal law. the same as parental leave and ~n accordance with State and Famlly and Medical Leave The Clty hereby agrees to implement famlly and medlcal leave ln accordance wlth the California Family R~ghts Act (CFRA) and the Federal Family and Medical Leave Act (FMLA) for all employees covered herein. These statutes shall supersede and be implemented ln l~eu of any contract language or C~ty policy/practlce whlch provides a lesser benefit. 33 . e Before the issuance of any administrative regulations pertalnlng to leave under the CFRA or FMLA, the City agrees to dlscharge its meet and confer obligatlon wlth MTA. 34 e e ARTICLE V: WORKING CONDITIONS 5.01 Safety and Loss Prevent10n The City shall prov1de a reasonably safe and healthy work1ng environment 1n accordance w1th applicable State and Federal laws, rules and regulations. MTA agrees that where safety dev1ces or items of protective equipment are requ1red or furnished, their use shall be mandatory Both parties recogn1ze the role that management off1c1als play in loss prevention and safety and agree that measures of loss prevention and safety are appropriate ind1cators of performance of an employee subject to th1S MOD. It 1S mutually agreed that a representat1ve of MTA may attend meet1ngs of the Adm1n1strat1ve Safety Comm1ttee when, in the opinion of such representative, a safety hazard exists wh1ch should be considered by the Adm1n1strat1ve Safety Comm1ttee 5.02 Effect of Job Performance on Salary Normal placement on entry shall be at the A-Step of the salary range and advancement through the range shall normally be to B-Step at one (1) year of employment, C-Step at two (2) years of employment, D-Step at three (3) years of employment and E-Step at four (4) years of employment. The C1ty Manager, 1n exceptional cases, based upon spec1fic appraisal of the importance and difficulty of the work and the experience and ab11ity of the person to be employed, or of the 1ncumbent, may author1ze entrance salaries higher than the m1n1mum, and special 1ncreases above the amount prescr1bed in the salary schedule for the class and length of serV1ce of the incumbent. In no event, however, shall the rate exceed the maximum rate for that class Notwithstanding any provision conta1ned herein, there will be no increase 1n wages of any k1nd as a result of 35 5.03 e e an UNACCEPTABLE rating on the employee' s prescr~bed periodic performance rating. There will be no subsequent increases In wages until the UNACCEPTABLE rating has been improved to at least the COMPETENT level. If overall performance is rated UNACCEPTABLE, the employee may be dlsmlssed from service, and If two (2) consecutlve performance ratings are marked UNACCEPTABLE, the employee shall be dismissed by appointing authority for lnefflclency (SMMC Section 2.04.490). Any overall ratlng In the IMPROVEMENT NEEDED category may delay the next scheduled salary step increase at the dlscretlon of the appointing authority. Such action shall remain in effect unt~l the overall ratlng has been improved to at least the COMPETENT level Employee Park~ng It is hereby agreed that the Clty wlll make every effort to maintain free parking as it presently eXlsts for City employees at Clty facilities The employees covered by this Agreement recognize that the City must comply wlth Regulation XV lssued by the Air Quality Management District (AQMD) and the Clty'S Transportation Management Plan Ordlnance. If the use of positive incentives does not result ~n the C~ty meetlng the compl~ance requirements of AQMD's Regulatlon XV or the City's Transportation Management Ordlnance within one (1) year of the effectlve date of thls Agreement, It is understood that the Clty can lmplement a charge for parklng during the term of thls Agreement in order to meet those requirements. In addltlon, If it should become necessary to charge for parking during the term of this Agreement in order to comply wlth any other State or Federal requ~rement regarding transportat~on management, the C~ty can implement said charge. However, in no event shall the Clty implement such a charge for parklng w~thout meetlng and conferring wlth MTA should any employee (s) represented by MTA be subJect to such a charge 36 ARTICLE VI: 6.01 6.02 6.03 e e EMPLOYER/EMPLOYEE RELATIONS Payroll Deductlons It is mutually understood and agreed that the City will, subject to the provislons of Ordlna~ce No. 801 (CeS) and durlng the term of this MOU, deduct monthly and remlt to the offlce or officer designated in the employee payroll deduction authorlzatlon Recognlzed Employee Organization dues, credit union investments or payments, health and hospltallzation insurance premiums, and life and accident lnsurance premiums Any or all of such payroll deductions are subJect to termination by the City Manager upon twenty-four (24) hours notlce for fallure to comply wlth the provisions of this MOD. Reasonable Notice It is mutually understood and agreed that a copy of the Clty Councilor Personnel Board agenda for each meeting mailed, by u.s. Mail or interoffice mail, to the authorized representative of MTA shall constltute reasonable written notice, and notice of an opportunlty to ~eet wlth such agency, on all matters within the scope of representatlon upon whlch the City Councilor Personnel Board may act. Grlevance and complalnt Policy A grievance is a complaint by one (1) or more employees concernlng the application or interpretatlon of the MOD, ordinances, resolutlons, pollcies, practices or procedures affecting the employee's wages, hours and/or working condltlons provlded, however, that grlevances regardlng dlsclpllnary actions must be lodged by the employee being disciplined and that appeals arising from suspensions, demotions and removals shall be subject to the procedures outlined ln Section 2.04.750 et seg. of the Santa Monica Municipal Code, and that complalnts regardlng performance evaluations shall be subject to the procedures contained in Sectlon 2.04 480 of the Munlclpal Code 37 e e The City agrees that employees shall be afforded all due process rlghts provlded in applicable law. The MTA agrees the rights of probationary limited to those provided under the Municipal Code or Clty Charter. Step 1. Step 2. Step 3. Step 4. employees are Santa Monica The aggrieved employee(s) shall meet wlth the immediate supervisor regarding the grievance, WhlCh must be stated 1n wrlting, specif1cally citing the MOD provls1on, ordlnance, resolut1on, rule, policy, practice or procedure that lS the subJect of the grlevance and the circumstances glvlng rlse to the gr1evance w1th1n th1rty (30) days of the event glv1ng r1se to the grievance. If the gr1evance 1S not resolved by the end of the employee's th1rd (3rd) regularly scheduled day following the day on which presentation of the gr1evance to the immed1ate superVlsor occurred, the employee may, within five (5) regularly scheduled days, thereafter appeal to the second level supervisor, if any. If the grievance 1S not resolved by the end of the employee's fifth (5th) regularly scheduled day follow1ng presentation of the grievance to the second level supervisor, lf any, the employee may, w1thin five (5) regularly scheduled days, appeal to the Department Head. The Department Head shall meet w1th the employee and the employee's representative to attempt to resolve the gr1evance. If the grievance is not resolved by the end of the employee's tenth (lOth) regularly scheduled day following presentation of the gr1evance to the Department Head, the employee may, w1th1n five (5) days, appeal to the Director of Personnel, who will lnvestigate the grievance and make recommendations to the C1ty Manager, whose dec1slon shall be final The decls10n of the city Manager shall be lssued no later than the end of the thirt1eth 38 e e (30th) day followlng presentation of the grievance by the Director of Personnel. It 1S mutually understood and agreed that: A. All tlme per10ds ln th1S Section may be extended by mutual consent of the employee and the management representative lnvolved. B. A grlevance shall be cons1dered unt1mely if not presented by the employee or the MTA within thirty (30) days of the incident giving rise to the gr1evance or w1th1n thirty (30) days of its effect upon the employee in those lnstances where it is shown that the employee could not reasonably have known of the grievable actlon. C. Employees shall have the rlght to be represented in gr1evance matters 1n the follow1ng manner: 1. Employees shall have the right to represent themselves indiv1dually 1n grievance matters. 2. Employees may deslgnate department or of MTA to grievance matters at steps of the grievance process. a menber of the represent them 1n one (1) and two (2) 3. E'llployees may department, an representative three (3) and process. deslgnate a member of the MTA representative, or a legal to represent them in steps four (4) of the gr1evance 4. For the purposes of th1S section, "days" shall mean regularly scheduled work days of the employees 1n the affected department or division. 5. Reasonable time off w1thout loss of payor benefits shall be glven to a grievant or MTA grievance representative to 1nvest1gate or process gr1evances I and to w1tnesses in any gr1evance hear1ng or meetlng held dur1ng work1ng hours. 39 e e Before performlng any grievance work, MTA representatlves, the grievant or witness shall obtaln permlSSlon from the immediate supervlsor and shall report back to work when the grievance work is completed. Nelther the grievant nor representatlve nor witness shall interrupt or leave work if the supervisor determines that such interruptlon or absence wlll unduly lnterfere wlth the work of the employee However, If the supervisor denles such tlme off when requested, tlme off must be granted wlthln twenty-four (24) hours of such request. D. An employee who has initiated a grievance, or asslsted another employee in lnitlating and/or processing a grievance, shall not In any way be coerced, lntlmldated or discriminated against. 40 e e IN WITNESS WHEREOF, the parties hereto have caused th~s Memorandum of Understand~ng to be executed this day of , 1996. MANAGEMENT TEAM ASSOCIATES CITY OF SANTA MONICA ~eYC~, C>._",^,"\ President ../ df{~ City Manager ilf L" Robe"rf "Ayer 7 . - ATTEST .. Y~k~ ~>.~ R1 Fuchiwaki APPROVED AS TO FORM )x~..L~~ Ma~~s Moutr~e City Attorney 41 e e EXHIBIT A Classlfications subJect to the MOD shall be as follows. Accounting Manager Administrative Services Admlnlstrative SerVlces Admlnlstrative SerVlces Airport Manager Arts Division Administrator Asslstant City Clerk Asslstant City Librarian Asslstant Director of Communlty and Cultural Services Assistant Dlrector of T~ansportatlon Budget Manager Building Offlcer Cable T.V. Manager Cemetery Superlntendent Clty Engineer Clty Parking and Trafflc Englneer Community & Senior Programs Manager Electrical/Publlc Facllltles Maintenance Superintendent Event Facilltles Manager Event Facllltles Operations Supervisor Housing Manager Human Servlces Manager Information Systems Manager ~aintenance Manager Maintenance Manager - Transportation Parks and Sports Manager Personnel Services Manager Planning Manager Prlncipal Llbrarlan Purchaslng Agent Revenue Manager/Clty Treasurer Solld Waste Operations Manager Traffic Operatlons Superintendent Transit Development & Intergovernmental Relatlons Manager Translt Operations Supervlsor Translt Services Manager Transportatlon Facilities Maintenance Manager Utilities Manager Water and Waste Water Superintendent Water Productlon Treatment Superlntendent Offlcer Offlcer - Offlcer - Earthquake Recovery Administrator Planning & Communlty Development 42