R-9104
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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
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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
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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
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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
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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... ......
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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... .......
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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
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1.03
1 04
1.05
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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
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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)
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1. 08
1. 09
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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
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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
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1.10
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1.12
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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
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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
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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.
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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.
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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.
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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
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2.03
2.04
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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
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2.05
2.06
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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4.09
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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
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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.
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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.
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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
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5.03
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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
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ARTICLE VI:
6.01
6.02
6.03
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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
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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
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(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.
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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.
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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
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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