Loading...
R-9101 . . RESOLUTION NO. 9101 CCCS) (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 MUNICIPAL EMPLOYEES ASSOCIATION WHEREAS, the City administration and representatives of the MUnicipal Employees AssOciation 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, Section 2 06 of Ordinance No. 801 ICCS) of the City of Santa Monica requires preparation of a written Memorandum of Understandmg between the admmlstratlOn and employees If an agreement can be reached; and WHEREAS, Section 2 06 of Ordmance No 801 ICCS) further provides that any such Memorandum of Understanding shall not be binding unless and until presented to the governmg body for determmatlon, and WHEREAS, the purpose of the Memorandum of Understandmg IS to promote and provide harmonious relations, cooperatIOn, and understanding between the City and the Municipal Employees AssociatIOn, . . NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: Section 1 The City Council of the City of Santa MOnica does hereby approve and authorize the City Manager to execute the Memorandum of Understanding executed by the MUnicipal Employees AssOciation, a copy of which IS attached hereto Section 2. The City Clerk shall certify to the adoption of thiS Resolution, and thenceforth and thereafter the same shall be In full force and effect. APPROVED AS TO FORM: ~h~ MARSHJ(jJONES MOUTRIE City Attorney i'YJE.;,IreSO SlBl . . Adopted and approved thIS 19th of November. 1996 fJ~ Yifayor I hereby certify that the foregomg ResolutIOn 9101(CCS) was duly adopted at a meetmg of the City Council held on the 19th of November, 1996 by the followmg vote Ayes Councllmembers Abdo. Ebner. GenseL Greenberg. O'Connor, Rosenstem Noes CounCllmembers None Abstam Counctlmembers None Absent Counctlmembers Holbrook ATTEST ... ~~ .~_._~,~ CIty Ulerk . . MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SANTA MONICA, CALIFORNIA AND MUNICIPAL EMPLOYEES ASSOCIATION TABLE OF CONTENTS ARTICLE/SECTION NUMBER PAGE ARTICLE I: GENERAL PROVISIONS 1.01 Parties to Memorandum of Understanding 4 1.02 Purpose 4 1.03 Term of Agreement 5 1.04 City Council Approval 5 1.05 Recognized Employee Association Name 5 1.06 Scope of Representation 5 1.07 Full Understanding, Modification, and Waiver 6 1.08 Management Rights Reserved 6 1.09 Peaceful Performance of City Services 7 1.10 Validity of Memorandum of Understanding 8 1.11 Captions for Convenience 8 1.12 Non-Discrimination/Harassment and Equal Employment 9 1.13 Definitions 9 1.14 Overpayment Remedy 12 1.15 Payments at Termination 12 ARTICLE II: COMPENSATION 2.01 Effective Date of Salary Increase 14 2.02 Salaries 14 2.03 Overtime 16 2.04 Shift Differentials 17 2.05 Standby Pay 18 2.06 Skill Pay & Bonuses 20 1 . . 2.07 Pay for Serving in a Higher Job Classification 23 2.08 Promotional Pay Rate 24 2.09 V-Rating 24 2.10 Call Back Pay 24 2.11 Report Pay 25 2.12 Pay for Training 25 2.13 Filming Assignments 26 ARTICLE III: SUPPLEMENTAL BENEFITS 3.01 Health Insurance Programs 3.02 Retirement 3.03 Tuition Reimbursement 3.04 Deferred Compensation 3.05 Uniform Allowance 3.06 Tool Allowance 3.07 Mileage Reimbursement 3.08 Sick Leave Buy Back 3.09 Long Term Disability Insurance 27 29 29 31 32 33 33 34 35 ARTICLE IV: LEAVES 4.01 Holidays 4.02 Vacation Leave 4.03 Sick Leave 4.04 Leave of Absence Without Pay 4.05 Military Leave 4.06 Workers' Compensation Leave 4.07 Jury Duty 4.08 Bereavement Leave 4.09 Personal Leave Days 4.10 Parental Leave 4.11 Family Leave 36 38 39 40 40 40 40 41 41 42 43 ARTICLE V: WORKING CONDITIONS 5.01 Safety & Loss Prevention 5.02 Performance Evaluations & Effect of Job Performance on Salary 5.03 Effect of Reassignment/Recertification on Skill/Bonus Pay 5.04 Employee Parking 5.05 Personnel Files 44 44 45 46 46 2 . 5.06 Job Sharing 5.07 Work Schedules 5.08 Layoffs 5.09 Promotion 5.10 Probationary Period 5.11 Wash-Up Period 5.12 Subcontracting 5.13 Transfers 5.14 Lunch Periods 5.15 Outside Activities ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS 6.01 Payroll Deduction 6.02 Reasonable Notice 6.03 Association Security 6.04 Time Off for Association Business 6.05 Grievance & Complaint Procedure 6.06 Right to Association Representation 6.07 Disciplinary Action 6.08 Notification of New Hires 6.09 Joint Labor-Management Committee EXHIBIT A .- REPRESENTED CLASSIFICATIONS EXHIBIT B -- TEMPORARY APPOINTMENTS EXHIBIT C -- AGENCY SHOP 3 . 47 47 49 49 50 51 51 52 52 52 54 54 54 55 56 60 60 62 62 64 66 68 . . ARTICLE I: GENERAL PROVISIONS Section 1.01 Parties to the Memorandum of Understandina This Memorandum of Understanding (MOUI has been prepared pursuant to the terms of Ordinance No 801 (CCS) of the City of Santa MOnica, whose lawful provIsions are hereby Incorporated by reference as If fully set forth herein, and has been executed by the City Manager on behalf of the City and by the MUnicipal Employees ASSOCiation, (hereinafter MEA), on behalf of employees occupYing the line-Item position classifications set forth In Exhibit A which IS attached hereto and made a part hereof. As of July 1, 1992, the Youth Services Counselor and Assistant Domestic Counselor Job classIfications will no longer be represented by MEA. However, the Incumbents of those classifications as of June 30, 1992 will be given the option of being "grandfathered" and thereby continue to be represented by MEA and be covered by the terms and conditions of employment as set forth In this Agreement and any subsequent Agreements, as long as that employee continues to hold the pOSition classification In question. If the "grandfathered" employee's posItIon should become vacant, the new Incumbent will be represented by the bargaining Unit which became the Recognized Employee Organization representing that position classification. In the event new Job c1asslflcatlon(s) are created, the MUnicipal Employee Relations Officer, or the Director of Personnel as his/her designee, will notify MEA pnor to Personnel Board and City Council consideration of the new classification speclflcatlon(s). No classifications currently represented by MEA shall be excluded from the Unit durrng the term of this Agreement except by mutual agreement Section 1 .02 Puroose The parties agree that the purpose of this MOU IS: to promote and provide harmonious relations, cooperation and understanding between the City and the employees covered herein; to provide an orderly and equitable means of resolving differences which may arise under this memorandum, and to set forth the full agreements of the parties reached as a result of meeting and conferring In good faith regarding matters within the scope of representation for employees represented by MEA. 4 . . Section 1.03 Term of Aareement This Agreement shall be effective as of July 1, 1996 and shall remain In full force and effect until June 30, 1998. It shall be automatically renewed from year to year thereafter unless either party shall notify the other In writing not later than March 1 st of 1998 and each subsequent year that It desires to terminate or modify this Agreement, and specifically indicates requested modificatIOns. In the event that such notice IS given, unless the parties agree to start at a later date, negotiations shall begin no later than April 15th with a signed contract desired by July 1 st. Section 1.04 City Council Aooroyal This Agreement IS of no force or effect whatsoever unless or until ratified and approved by resolution duly adopted by the City Council of the City of Santa Monica. Section 1 .05 Recoanized Emoloyee Association Name MEA IS hereby acknowledged as the RecognIzed Employee Organrzatron representing only the permanent employees occupYing line Item positIOn classifications set forth In Exhibit A (which IS attached hereto and made a part hereof} pursuant to Section 3.04 (c) of Ordinance No. 801 (CCS}. It IS the mutual understanding of the parties hereto that acknowledgment of MEA, as the Recognrzed Employee Organrzatlon: A. Does not preclude employees In such POSition classifications from representing themselves individually In their employment relations with the City. B. Does not preclude or restrict the nght of management officials to meet and consult with employees In such positIOn classifications concerning their employment relations with the City Se<;tion 1.06 Sc;oDe of ReDresentation The scope of representation of the recognrzed employee organrzatlOn shall Include all matters relating to employment conditIons and employer-employee relations including, but not limited to, wages, hours, and other terms and conditIons of employment, except, however, that the scope of representatIon 5 . . shall not Include consideration of the merits, necessity, or organization of any service or actIVIty prOVided by law or executive order. The scope of representation shall be exercised or performed In compliance With the provIsions of Ordinance No. 801 (CCS) and Government Code Sections 3500-3510 (Meyers-Mlllas-Brown Act). Section 1.07 Full Understandina. Modification. and Waiver The parties agree that each has had full and unrestricted right and opportunity to make. advance, and diSCUSS all matters properly Within the scope of representation as outlined In Section 2.05 of Ordinance No. 801 (CeS). This MOU constitutes the full and complete agreement of the parties and there are no others, oral or written, except as speCified In this Agreement Each party, for the term of this MOU, speCifically waives the right to negotiate for changes herein, and agrees that the other shall not be required to negotiate for changes herein, 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 In Section 2.05 of Ordinance No. 801 (CCS). The wages, hours of work and other terms and conditions of employment covered by this MOU, Including those wages, hours of work and other terms and conditions of employment In eXistence prior to thiS MOU, although not speCIfIcally referred to In thIS MOU, shall constItute the wages, hours of work and other terms and conditions of employment for the term of thiS MOU. Section 1.08 Manaaement Ri~t)ts Reservetl The City retains all rights It had prior to thiS Agreement except those rights speCifically delegated by thiS Agreement; prOVided that the City shall exercise those rights In compliance With applicable State law, the CIVil Service PrOVISions of the MUnicipal Code, the City Charter and the proVISions of this MOU. The City retains all rights not speCifically delegated by thiS Agreement, including, but not limited to, the exclUSive right to: A. Direct, superVise, hire, promote, suspend, demote, diSCipline, discharge, transfer, assign, schedule, and retain employees. 6 . . B. Relieve employees from duties because of lack of work or funds, or under conditions where continued work would be inefficient or nonproductive. C. Determine the services to be rendered, operations to be performed, utilization of technology, and overall budgetary matters. D. Determine the appropnate Job classifications and personnel by which government operations are to be conducted. E. Determine the overall miSSion of the Unit of government. F. Maintain and Improve the efficiency and effectiveness of government operations. G. Take any necessary actions to carry out the miSSion of an agency In Situations of emergency. H. Take whatever other actions may be necessary to carry out the wishes of the public not otherwise specified above or by collective agreement. Section 1.09 Peaceful Performance of City Services It IS mutually understood and agreed that participation by any employee In a stnke or a concerted work stoppage terminates the employment relationship In the absence of speCifiC wntten waiver of such termination by an authonzed management official. A. It IS further understood and agreed that none of the parties hereto will partiCipate In or encourage, assist or condone any stnke, concerted work stoppage, cessation of work, slow-down, Sit-down, stay-away, Illegal picketing or any other Illegal form of Interference with or limitation of the peaceful performance of City services. B. In the event that there occurs any stnke, concerted work stoppage, cessation of work, slow-down, Sit-down, stay-away, Illegal picketing or any other Illegal form of Interference with or limitation of the peaceful performance of City serVices, the City, in addition to any other lawful remedies or dIsciplinary actions, may by action of the City Manager, upon twenty-four (24) hours notice, cancel any or all payroll deductions, prohibit the use of bulletin boards, prohibit the use of City faCIlities, and prohibIt access to former work or duty stations. 7 . . C The protectIon of the public health, safety and welfare demands that neither the employee organization, nor any person acting in concert with them, will cause, sanction, or take part In any strike, walk-out, sit-down, slow-down, stoppage of work, Illegal picketing, retarding of work, abnormal absenteeism, withholding of serVices, or any other Illegal interference with the normal work routine. The provIsionS of this article shall apply for the same term as thiS Agreement, or dUring any renewal or extension thereof. ViolatIOn of any provIsion of thiS MOU by either party shall be cause to terminate thiS Agreement, In addition to whatever other remedies may be available under the law or In equity. D. The City agrees that there shall be no generallock.out of bargaining Unit members during the term of thiS Agreement, or dUring any renewal or extension thereof. Both parties agree to exercise good faith In complYing with all the terms and conditions of thiS MOU. Section 1.10 Validitv of Memorandum of Understandina If any provISion of thiS MOU IS determined to be invalid or Illegal by a court of competent JUrisdiction, then such provIsion shall be severed from thiS MOU, but the remarnder hereof shall remaIn In full force and effect. The partIes hereto shall Immediately commence to, In good faith, negotiate for the purpose of replaCing any such invalid or Illegal provisIOn. Should any change be made In any Federal or State law, or In any rules and regulatIOns ImplementIng such legIslatIon, or In any City Charter provision which would be applicable and contrary to any provIsion herein contained, then such provISion of thiS MOU shall be automatically terminated, but the remainder of thiS MOU shall remain In full force and effect. Such legislation and/or rules and regulations shall supersede thiS MOU and applicable clauses shall be substituted for those ruled invalid or Illegal. The parties hereto shall Immediately commence to negotiate for the purpose of replacing any such Invalid or Illegal provIsion. Section 1 .11 Caotions for Convenience The captions herein are for convenience only and are not a part of the MOU and do not In any way limit, define, or amplify the terms and prOVisions hereof. 8 . . Section 1. 1 2 Non-Discrimination/Harassment and Eoual Emolovment It IS agreed by both parties to this MOU that they wll! fully comply with all applicable local, State and Federal laws, rules and regulations prohibiting diSCrimination and governing equal employment opportunity The Affirmative Action Program and the Sexual Harassment Policy of the City of Santa MOnica are affirmed by both parties to this MOU and incorporated by reference herem. Both parties also agree to abide by the requirements of the Amencans wIth Disabilities Act (ADA). Every City employee IS expected to respect the dignity of every other City employee and to refrain from any actions, including the use of slurs or jokes regarding sex, age, race, national ongln, religion, disability or sexual preference/onentatlon which could be construed as harassment. Verbal or physical harassment of fellow employees IS a violation of City policy No employment decision shall be made based upon an employee's submiSSion to or rejection of such conduct. Any employee who believes that he/she is the victim of such harassment or dlscnmlnatlon may file a complaint In accordance with the procedure outlined In Section 6.05 (Grievance and Complaint Procedure) of this Agreement. Complaints involving an apPointed official of the City, including the City Manager, City Attorney or City Clerk, may be made m wrltmg to the City CouncIl. Complaints of a senSitive nature, including complaints Involvmg sexual harassment, may bypass any step of the grievance procedure which Involves a supervisor or manager whose conduct IS the subject of the complaint. Section 1.13 Definitions The follOWing definitions are to be applied in the Interpretation of thiS MOU: A. "Salary Range" shall mean the normal five-step (A through E) hourly or monthly pay scale (and the bl-weekly equivalent} aSSigned to each employment position classIfication within the City work force. B. "Salary Range Steps A through D" shall mean and be established to bear the follOWing percentage relationshIp to Salary Range Step E computed to the nearest dollar. Normal progression through the range toward E-step shall be In annual step Increments contingent on satisfactory service. 9 . . 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 - 1 00 % C. "Nearest Dollar" shall mean the next lower dollar In a monthly rate when the computed amount IS fifty (50} cents or less and the next higher dollar when the computed amount IS flfty-one (51) cents or more. D. "Line Item Position" shall mean a position which IS specifically Itemized In the personnel schedule of the annual budget of the City of Santa MOnica. E. "Permanent Employees" shall mean (1) A person who IS legally an Incumbent of a line-Item posItion, full or part-time; or (2) A former legal Incumbent of a line-Item position on authonzed leave of absence from a regularly budgeted posItion whIch posItIon IS held pending the employee's return. The term "permanent employee" shall not be construed to Imply a guarantee of continued employment. However, no permanent employee shall be denied the nght to those due process protections appropriate to their status under the Santa MOnica MUniCipal Code and City Charter and applicable State law. F. "Date of Entrance Anniversary" shall mean the date which recurs annually after the date of entry Into a line-Item position In the classified service of the City of Santa MOnica, either by onglnal employment, reemployment or promotion. The date of entrance for employees with broken service shall be considered as that date on which the last unbroken service In the classification was effective. G. "Satisfactory Service" shall mean the attainment of an Overall Performance Rating of not less than "Satisfactory" on the performance report associated with the employee's most recent date of entrance anniversary H. "Full-TIme Work Week" shall mean forty (40) hours WIthin the seven (7) consecutive days (I.e., seven consecutive 24-hour pen ods) established as the work week for the affected employee(s). 10 . . (1) Incumbents of job positions employed In a work week less than that defined as the full-time work week shall be compensated in that proportion of the compensation for full-time employment as the number of hours budgeted for that pOSitIOn bears to the full- time work week. Incumbents of job positions employed in a work week greater than that defined herein shall be compensated for hours In excess of the full-time work week on the basIs of and In accordance with the provIsions of SectIon 2.03 (Overtime} herein relating to overtime. Compensation shallmclude base salary, and any other compensation, including bonuses or skill pays, prOVided by this Agreement. (2) Incumbents of line-Item positions regularly working less than the full-time work week shall accrue vacation, sick leave and other time off In the same ratio as the average number of hours they work per week IS to the full-time work week for the pOSition occupied. Other fringe benefits shall be prOVided to part-time employees covered herein as If they were employed on a full-time basIs. {3} For employees covered herein who hold permanent positions at the Library, the full-time work week shall be defined as forty (40) hours, Monday through Saturday, as scheduled by the City Librarian or his/her designated representative. Sunday work shall be compensated at the rate of time and one-half (1-1/2) the normal hourly rate. It IS the Intent of the City to assign Sunday work on a volunteer basIs. However, In the event there are not enough volunteers to staff the Sunday work at the Library, saId work will be assigned on an eqUitable basIs among employees. I. "Pay" shall mean compensation received for regular hours worked, sick leave, bereavement leave, vacation, holidays, compensatory time off and/or jury duty. J. "In Pay Status" shall mean earning pay K. "Completed Calendar Month of Service" shall mean a calendar month In which an employee has been In pay status for eleven (11) or more workmg days. 11 . . L "Working Day" as used In the sections of this Agreement pertaining to vacation accrual (Section 4.02) and sick leave accrual (Section 4.03) shall mean eight (8) hours M. "Compressed Work Schedule" shall mean a work schedule In which a full-time employee IS assIgned to work a total of eighty (80) regularly scheduled work hours In nine (9}, or less, days In a given two-week (i.e., two work week} period. N. "Service Date" shall be the employee's most recent date of employment as a permanent employee with the City of Santa MOnica. Unless prohibited by the Family Medical Leave Act, or similar state and/or federal legislatIOn, the employee's service date shall be adjusted for unpaid leaves of absence which exceed thirty (30) calendar days, with the employee's service date bemg moved forward by the same number of days as the unpaid leave of absence. In the event a permanent employee separates from the City but IS rehired within twelve (121 months, the break In service between the last date of employment and the date on which the employee IS rehired Will be treated as an unpaid leave of absence for the purpose of establishing the employee's service date with the City Section 1.14 Overoavment Remedv Permanent employees covered herein shall reimburse the City for any overpayment of wages or benefits. Said reimbursement shall not be required until the City notifies the affected employee m wntmg. If the overpayment was not the result of fraud or misrepresentatIOn by the employee, the overpayment shall be reimbursed by payroll deductions over a time penod equal to the time period that overpayment was made, or by any other reasonable repayment method mutually acceptable to the City and the employee. If the overpayment was the result of fraud or misrepresentation, the overpayment shall be reimbursed by Immediate lump- sum payroll deductlon(s). In any event, a lump-sum deduction shall be required If the next subsequent employee payroll warrant 1$ the final or termination warrant Issued to the affected employee. Section 1.15 Pavments at Termination When permanent employees covered herein leave the service of the City of Santa MOnica, they shall be entitled to lump sum payoff of vacation days and 12 . . any unused compensatory time. No claim shall be made against the City for the use or payoff of unused sick leave, nor shall the effective date of termination be extended by use of compensatory time, sick leave, vacatIOn or personal leave days. 13 . . ARTICLE II: COMPENSATION Section 2.01 Effective Date of Salarv Increase A. All negotiated pay Increases and salary related benefit Increases specified In thiS MOU shall become effective on the first day of the pay period closest to the date stated In Section 2.02 (Salaries) hereof, except that when such date falls on the Sunday In the middle of a pay period, Increases shall become effective on the first day of the pay period Immediately following said effective date. B. Periodic (step or merit) pay Increases shall become effective on the first day of the pay period In which they are due. Section 2.02 Salaries Salaries of permanent employees covered herein shall be on a monthly rate, paid on a bl-weekly eqUivalent baSIS. In lieu of the bl-weekly eqUivalent to a monthly rate, the City Manager may fiX the compensatIon of any position at an hourly rate. In positions for which the work week IS forty (40) hours, the hourly eqUivalent shall be determined by dividing the bl-weekly rate by eighty (80). Normally, a new employee will be placed at the A-step of the salary range established for the position for which he/she has been hired. However, the City Manager, In exceptional cases, based on specific appraisal of the difficulty of the work, the new employee's prior salary history and the experience and ability of the person to be employed, may authorize entrance salanes higher than the minimum salary established for the position In no event, however, shall the rate exceed the maximum rate for that class. A. Effective July 1, 1996, the E-step salanes of employees covered herein shall be Increased by two percent (2%}. B. Effective July 1, 1997, the E-step salaries of employees covered herein shall be Increased by a minimum of two percent (2%), OR, if higher, by an amount equal to the percentage Increase In the Hcost-of-hvlng" Index as measured by the Consumer Price Index (for Urban Wage Earners and Clerical Workers, 1967 = 100) for Los Angeles Anaheim-RIversIde, California, published by the U S. Department of Labor, Bureau of Labor StatistIcs, for the base period of April, 1996 to April, 1997. However, In no event shall said adjustment exceed four percent (4%1. 14 . . The only exception to this cost of living prOVISion would be In the event a higher percentage salary Increase (also known as cost of living adjustment) IS granted to all employees of any other bargaining Unit by the City of Santa Monica for the FY97-98 fiscal year, excluding the Santa MOnica Police Officers' AssociatIOn (SMPOA} and the Santa MOnica Firefighters Local 1109, IAFF. In that case, employees represented by MEA shall be granted the higher percentage salary Increase. In addition, for the purposes of this prOVISion, an equity adjustment granted to a specific Job claSSification shall not be considered a salary Increase (also known as a cost of living adjustment} C. A given classificatIon covered by this MOU will be eligible to receive an equity adjustment providing that the compensation study 'conducted by the City of Santa MOnica substantiates the need for an eqUity adjustment to bring the salary range of that classification In line with the mean salary paid to the same classification found m comparable cities. The City will be willing to receive and evaluate any salary comparison data that MEA might want to make available regarding an eqUity adjustment for a given claSSification. Should a compensation study indicate that a given Job classification IS currently being paid above the mean salary paid to the same claSSification found In comparable cities, the salary range for current Incumbents In that classification will remain unchanged. The salary range for all new hires m that job claSSification shall be set in accordance with the results of the compensation study. Equity adjustments described herem will be considered on an annual basIs, either as a part of the annual budget process If no MOU negotiations should be occurring dUring the year in question or as a part of the MOU negotiations process should the MOU be up for negotiations. Like any other salary mcrease, eqUity adjustments will be subject to the approval of the City CouncIl. D. An employee covered by thiS Agreement may request that a classification study be conducted for his/her pOSitIOn to determine whether or not the position IS clasSified correctly. A request for a claSSification study shall be submitted by no later than December 1 st for conSideration In conjunction with the next fiscal year's budget. The Personnel Department shall conduct the classification study and make their recommendation to the City Manager, whose decIsion shall be final. The reclassification of a position to a lower level job clasSification would not be conSidered to be a demotion and would not be appealable to the Personnel Board. In the event a pOSition IS reclaSSified to a lower level 15 . . Job clasSIfication, the salary of the Incumbent shall be V-rated until the E-step salary of the new Job classification equals or exceeds the V -rated salary Section 2.03 Overtime For employees holding a budgeted line-Item position In a job classification covered by this agreement, the following overtime provisions will apply: Overtime for full-time permanent employees shall mean work In excess of the employee's regularly scheduled work day or In excess of forty (40) hours In one (1) week Overtime for permanent part-time employees who regularly work less than eight (8) hours In one (1) day and forty (40) hours In one (1) week shall mean work In excess of eight (8) hours In one (1) day or forty (40) hours In one (1) week Overtime hours must have the prior approval of an authorized management official For the purpose of calculating overtime, discretionary paid time off, defined as vacation, personal leave (MOU days), floating holidays and/or compensatory time off, shall not count towards the forty (40) hours Non-discretionary paid time off, defined as all other paid leave time, shall count towards the forty (40) hours In addition, If an employee IS required to work on a holiday observed by the employee's department or divIsion, the employee shall be paid overtime for all hours worked on the holiday In addition to holiday pay If the employee works on an authorized holiday, the actual number of hours worked on the holiday shall count towards the forty (40) hours for the purpose of calculatmg overtIme for the work week In the event a Communications Operator In the Police Department or Fire Department IS required to work overtime on an emergency baSIS, all paid leave time shall count towards the forty (40) hours. For employees covered herem who hold permanent positions at the Library, the full time work week shall be defined as forty (40) hours, Monday through Saturday, as scheduled by the City Librarian or hls1her deSignated representative Overtime shall be paid for hours worked on Sunday. It IS the Intent of the City to assign Sunday work on a volunteer baSIS However, In the event there are not enough volunteers to staff the Sunday work at the Library, the work Will be assigned on an eqUitable basis among employees All authonzed overtime shall be compensated With cash payment based upon one and one-half (1-1/2) times the hourly rate eqUivalent of the employee's monthly salary computed to the nearest one-tenth of an hour Instead of cash payment, an authOrized management departmental official may grant compensatory time off at the rate of one and one-half (1-1/2) hours off for such overtime provided that such compensatory time off can be granted Within the fiscal year In which it IS eamed 16 If compensatory Ie IS accrued and not taken by June' of any fiscal year, it will be paid to the employee at the rate earned There shall be a reasonable effort to distribute overtime equitably among employees In the applicable Job claSSification In an operational work group Additional work assigned to an employee, permanent or temporary (as-needed), which brings the employee's total work hours to forty (40) hours for the work week will not be considered an overtime assignment under thiS prOVISion If an employee beheves he/she has been Improperly denied overtime assignments, such claims may be processed through the grievance procedure In order to supplement eight (8) hours of paid leave time for a regularly scheduled work day comprised of more than eight (a) hours, the employee will have the option of working the additional time reqUired, on a straight-time baSIS, dUring the applicable seven-day work week, In order to receive a full day's pay for the day In question Paid leave time would Include vacation, sick leave or personal leave days In no event may an employee's work schedule be changed to aVOid the payment of overtime unless the employee Initiates the schedule change Section 2.04 Shift Differentials Shift differentials shall be as follows: A. Seventy-five cents ($0.75) per hour for all hours worked on the shift for employees whose regular schedule requires that the employee work at least four (4) hours between 4:00 p.m. and 12:00 Midnight, subject to Subsections C, D and E below. B. Ninety (90) cents per hour for all hours worked on a shift for employees whose regular schedule requires the employee to work at least four (4} hours between 12.00 Midnight and 7:00 a m., subject to Subsections C, D and E below. C. If any employee qualifies under both Subsections A and B above, Subsection B shall prevail. D. Shift differentials are not applicable when scheduled hours are compensated as overtime. E. Shift differentials are not applicable when the employee IS working the above hours as part of a "spht shift." "Split shift" IS defined as: 17 . . a shIft of eight (8) or more hours In a single day, separated by a break of at least three (3) non-working hours during the shift. Such employees shall be paid the applicable shift differential, established In Subsections A or B above, only for the hours actually worked on that shift F. If, dUring the term of this Agreement, a hIgher night shift differential IS provided by the City Council to any other bargaining Unit, employees covered herem shall receive the higher rate Section 2.05 Standby Pay A. Regular Standby An employee reqUIred to serve on standby duty shall be paid a bonus of twelve and one-halt percent (12.5 %1 ot his/her base salary for those hours he/she IS serving on standby duty. Employees who are required to use their personal vehicles for standby response Will be compensated at the City's mileage rate for miles actually driven In response to a standby call. If the employee IS called In to work, upon being notified to report to work, he/she Will no longer receive standby pay and Will be compensated for hours worked at the appropriate regular or overtime rate. If the employee should then go back on standby duty, he/she Will receive standby pay for the remaining hours he/she IS on standby duty A JOint labor-management committee shall be established to review standby pay and develop guidelines whIch WIll be used to adminIster the standby pay prOVISIon. B. Court Standby Whenever an employee has been placed In an on-call or standby status while off duty In response to a subpoena or directive In relation to a matter that arose during the course and scope of employment, the follOWing shall apply: 1. For (1) the first court session (either morning or afternoon) during a calendar day and (2) the second court session dUring a calendar day where the required court appearance IS in connection with a different matter than was Involved in the first court appearance, employees shall receIve compensation as follows: 18 . . a. Employees who are off-duty for the entire period of the court session shall receive an amount equal to three (3) hours of compensation at the straight time rate. b. Where the standby or on-call assIgnment commences within three (3) hours prior to the beginning of the employee's regularly scheduled work shift, the employee shall receive compensation at the applicable hourly rate of pay for all time transpiring between the commencement of the standby or on-call assignment and the time the regularly scheduled work shift was scheduled to begm. c. The provIsions of this Section shall apply If a standby or on- call assignment that IS scheduled to occur on an employee's scheduled day off (including, for example an approved vacation) IS canceled less than twelve (12) hours m advance of the time the assignment IS scheduled to begin. d The provIsions of this Section shall not apply If a standby or on-call assignment that IS scheduled to occur on an employee's scheduled work day IS canceled any time prior to the commencement of the standby or on-call status. 2. For the second court session In connection With the same matter on that calendar day, the employee shall receive compensation on an hour for hour basIs at the straight time rate. 3. Employees who are called Into court after having been In an on-call or standby status shall be compensated as follows: a. An employee who is required to appear In court dUring the initial court session on a calendar day that the employee IS placed In an on-call or standby status shall receive appropnate premium overtime compensation as provided In Section 2.03 of this Agreement as If the court appearance began at the time the on-call or standby assignment commenced. b. An employee who IS In an on-call or standby status dUring the first and second court sessions and IS required to appear In court during the second court session shall receive straight time compensation for the first court sessIOn in accordance With paragraph A.1 of this Section and shall 19 . . receive appropnate premium overtime compensation for the second court session In accordance with paragraph C.1 of this Section. Section 2.06 Skill Pay & Bonuses The follOWing provIsions eXist for added payment for special work assignments' A. ICBO Certificate -- BUilding Inspectors, Senior BUilding and Housing Inspectors, Senior Electncal Inspectors and Senior Plumblng/Mechamcal Inspectors, shall receive an additional $50.00 per month If they receive an International Conference of BUilding OffiCials certificate as a combination Inspector. Senior Electncallnspectors and Senior Plumblng/Mechamcal Inspectors shall receive an additional $25.00 per month if they receive a certificate in their specialty from the ICBO. Employees receiving such certification must maintain certificatIOn to continue to quahfy for the bonus. Such training or courses are subject to TUition Reimbursement. B Scuba Dive Pay -- Whenever the Public Works Inspector IS required to scuba dive In the course of assigned duties a skill bonus of $45.00 per month shall be paid for any month dUring which the employee has performed such diving. This benefit IS payable only if annual recertification IS attained and If the employee has been assigned to scuba dive. Pier and Harbor Guards who are required to scuba dive in the course of assigned dutIes shall be paid a bonus of $75 00 per month for any month dUring which the employee has performed such diVing. ThiS benefit IS payable only to Guards with valid SCUBA certification cards, including regular recertification, and If the employee has been assigned to scuba dive. C. Supervisory Differential -- A supervisory differential of 2.7% shall be paid to employees who are assigned to regularly supervise other employees In the same job classification and who are not covered under the terms of SectIOn 2.07 (Pay for Serving In a Higher Job ClaSSification) herein D Shorthand Bonus -- Where shorthand IS determined to be a bona-fide reqUirement of a pOSition in the Staff ASSistant job senes, an additional 20 . . $50.00 per month shall be included In the compensatIon of the indivIdual who holds the position and can take dictation at seventy-five (751 words per minute. Recertification of this shorthand skill may be required from time to time through examination administered by the Personnel Department. E Typing Bonus An employee occuPYing the clasSification of Staff Assistant I, Staff Assistant II, Staff Assistant III, Staff Assistant IV, Administrative Staff Assistant, or Transcriber Typist whose tYPing speed exceeds that required for the position by twenty (201 words per minute or more shall receive an additional $50.00 per month. An employee occupYing the claSSification of Fiscal Staff Assistant I or Fiscal Staff Assistant II who, under the terms of this section, was receiving a tYPing bonus as of June 30, 1994 shall continue to receive said tYPing bonus as long as he/she holds the positIOn In question and continues to be recertified. Recertification of this skill may be required from time to time through examination administered by the Personnel Department. F. BIlingual Bonus -- Qualified employees who meet the criteria set forth herein shall receive a bilingual skill pay of $50.00 per month. To receIve bilingual pay the following Crlterla must be met: (1} The employee must be assigned to speak or translate a language In addition to English. This may Include specialized commUnication skills such as sign language. (2) An employee must regularly utilize such skills during the course of his/her duties or upon request of City management. (3) To become qualified, an employee must be certified as qualified through examination administered by the Personnel Department. (4) Recertification of this skill may be required from time to time through examination administered by the Personnel Department. An employee who has not been certified and qualified and IS not receiving bilingual skill pay will not be required to utilize this skill except on an occasional basIs. If an employee qualifies for bilingual bonus for Spanish and IS required to regularly use said skIll during what are determined by the Personnel 21 . . Department to be emergency or emergency-related sItuations, he/she shall receive an additional $50.00 per month, for a total of $100.00 per month. Any employee covered herein who, as of January 1, 1995, was receiving $100.00 per month as a bilingual bonus for Spanish will continue to receive the higher bilingual bonus as long as he/she IS eligible to receive said bonus. G. Maintenance Workers and Sewer Maintenance Workers assigned to the sewer crew for periods In excess of one month shall receive a bonus of 5.4% above their regular rate during the penod of such assignment. This sectIon supersedes the provISions of Resolution No. 3750B (CCS). H. Sanitation Truck Drivers and Recycling Workers assigned to one-person trucks shall receive a $1 .00 per hour bonus for all hours worked In such assignment. Motor Coach Cleaners, when required to make road calls, will receIVe a bonus of .2 of an hour straight time pay for each road call. J. A Water Treatment Operator who obtains a Grade III, Grade IV or Grade V Water Treatment Operator certification from the Callforma Department of Health ServIces shall receIve a bonus of $25.00 per month for each certification received. K. A Staff Assistant IV Incumbent who, as of June 30, 1994, was receiving an additional bonus of $50.00 per month which IS not covered by any of the other bonus/skJlI pays listed In thIs sectIon of the MOU, shall continue to receive said bonus as long as he/she holds the same Staff Assistant IV pOSitIOn. In the event the Staff Assistant IV position In question becomes vacant or the current reCipient of this bonus should obtam another position in the City, Staff Assistant IV or otherwise, the bonus will be eliminated. L EMT Bonus -- A Communication Operator who obtains an EMT-1 F.S. certificate or Los Angeles County Paramedic certification shall be eligible for a bonus of $100.00 per month. In order to maintain this benefit, the Communications Operator must maintain a current certification. M. Assignments to and from the bonus situations desCribed above are not promotions or demotions as descnbed In the Mumclpal Code and are, therefore, not subject to appeal to the Personnel Board. 22 . . Section 2.07 Pay for Servino in a Hioher Job Classification - - When, in the determination of the department head, it is necessary to assign duties and responsibilities of a position classification higher than those normally performed by an employee due to the temporary absence of an employee in a higher position classification, employees so assIgned shall be compensated as follows: A If the assignment IS temporary due to the vacation, sick leave or other temporary absence of the employee in the higher classification, the employee temporanly assigned shall be paid at the rate of an additional seventy-five (751 cents per hour for all such hours assigned after the employee works a minimum of two (2) consecutive work days in the higher classIficatIon assignment, with payment retroactive to the first day. The City shall not rotate employees In and out of the higher positIOn classification assignments In order to aVOId paYing said compensation. B. If the position to be filled IS vacant and there IS no valid eligible list for that position classification, the department head may temporarily assign an employee who meets the minimum qualifications of the vacant position The employee shall receive the salary rate for the vacant classificatIon at the lowest salary step of the salary range established for the higher classification which provIdes an Increase of at least five (5} percent over his/her current salary rate. If the department head elects to make an temporary appointment to a vacant position, he/she shall abide by the rules and regulations regarding temporary/acting appOIntments which have been adopted by the Personnel Board to Implement the sections of the Santa Monica MUnicipal Code pertaining to temporary appointments. (Exhibit BI C If an eligible list eXists for the vacant position, the department head shall attempt to appoint an employee from the eligible list at the earliest possible date, and the prOVISions of thiS paragraph shall be applicable to the employee assigned to cover the vacancy In any Intenm period. D. Nothing m thiS section shall require the City to make temporary assignments of employees. E. Assignments to and from the Situations described In thiS sectloFl are not promotions or demotions as described In the Municipal Code and are, therefore, not subject to appeal to the Personnel Board. 23 . . Section 2.08 Promotional Pay Rate If a permanent employee covered herein IS promoted to a position In a higher job classification, the employee's salary shall be set at the salary step In the salary range established for the higher job classification which provides a minimum five (5) percent salary Increase, provided, however, that In no event shall the salary rate exceed the maximum salary rate for the new classification. A reclassification of a permanent employee covered herein to a higher level job classification will be considered a promotion and the employee's salary shall be Increased to the higher salary rate In the new job classification which provides a minimum five (5) percent salary Increase, provided, however, that In no event shall the salary rate exceed the maximum salary rate for the new job classificatIOn. Section 2.09 V-Ratina When a personnel action, (e.g., a demotion due to layoff or a reclassification) results In an employee being placed In a job classification which has a lower salary range, the employee's salary will be Y-rated. "Y-rated" shall mean the maintenance of the Incumbent employee's salary rate at the level effective the day preceding the effective date of the personnel action placing the employee In the job clasSification which has a lower salary range. The employee's salary shall remain at such level until the salary range of the new job clasSification equals or exceeds the Y-rated salary. Sectiol1 2.1 0 Call Back Pay Should the City call back any full-time employee covered herein before or after his/her normal working hours to perform work, the City shall pay not less than two hours of pay at time and one-half {1-1/2} the employee's base rate of pay regardless of time actually worked as a result of being called back to work to perform services for the City. If there is less than six (6) hours between the end of the call back period and the beginning of the employee's regularly scheduled Shift, the employee will receive time and one-half (1-1/2) his/her base rate of pay for all hours worked dUring the next regularly scheduled shift. However, if It IS determined by management to pose a safety hazard to allow the employee to work his/her regularly scheduled shift following the end of the call back period, management 24 . . reserves the right to not allow the empfoyee to work. If the employee should not be allowed to work his/her regularly scheduled Shift, the employee will not be compensated for said shift. The employee, however, will have the option of uSing applicable accrued leave time to cover the number of hours that he/she would have been regularly scheduled to work on that shift. An employee will be considered to have been called back to work and thereby eligible to receive call back pay as provided by this Section of the MOU if he/she IS called back to work after the end of his/her regularly scheduled shift and the report time for said call back occurs more than two (2) hours prior to the beginning of the employee's next regularly scheduled shift. If the employee IS called and asked to report at a time that IS two (2) hours or less pnor to the beginning of his/her regularly scheduled Shift, It will be considered to be an early report and not a call back and, as such, the provisions of this Section would not apply. A jOint labor-management committee shall be established to review call back pay and develop gUIdelines which will be used to administer the call back pay provIsion. Section 2. 1 1 ReDort Pav Any regularly scheduled full-time employee who reports to work for his/her normal work schedule, but is released due to insufficient work, shall receive a minImum of four (4) hours work or pay In the event that such employee works In excess of four (4) hours, he/she shall receIve eIght (8) hours of work or pay. The provISions of this section shall only apply If the employee does not receive notIce not to report to work. ThiS provision shall not be effective for time not worked for disCiplinary reasons or other normal leaves of absence. Actual hours worked shall be used for the purpose of calculating overtime under Section 2 03 of this Agreement. Section 2.12 Pay for Trainino An employee covered herein who IS specifically aSSigned by the supervisor to train a new employee In the rules, regulations and procedures of the Department and the duties of the new employee's position, who may be expected to communicate the new employee's progress to the superVisor, shall receive a training bonus of seventy (70} cents per hour for each hour worked while so aSSigned providing that the employee's claSSification speCification does not reference training or supervIsion/lead responsibIlities. The training assIgnment 25 . . shall be limIted to two (2} consecutive work weeks unless authorization to exceed two (2) work weeks IS given by the employee's Department Head. The assignment to train a new employee will be given in writing and will be submitted to the Personnel Department for processing. It IS not the City's Intention to avoid payment of this bonus where appropriate; however, the bonus does not apply to Informal "mentor" relationships which may evolve between veteran and new employees or to occasional requests to orient a new employee to a piece of equipment or a procedure where the task can be accomplished In a day or less. In addition, an employee assigned to train a new employee who has been hired as a student Intern or as a temporary employee under the City Youth Employment and Training Program will not be eligible to receive the pay for training bonus. S~c;tion 2.13 Filrnina Assic:mments Employees covered herein who are assigned to perform duties for filming companies filming on location within the Santa MOnica city limits shall receive a minimum of eight (8) hours pay at overtime compensation for all hours worked under the terms of Section 2.03. The parties hereto agree that the City may Include as charges or fees to the filming company administrative overhead costs. Such assignments are expressly conditioned upon the filming company agreeing to pay to the City all costs for and relating to the assignment of such employee including, but not limited to, worker's compensation insurance premiums for the purpose set forth In this Section. Employees shall have the right to volunteer for thIs assIgnment by causIng their names to be placed on an availability Itst. Assignments shall be made from the list on a rotating basis to employees who are qualified to perform the duties required for the filming assignment. However, If an insuffiCient number of volunteers are available from that list to serve a particular project, the City may assign any qualified employee(s} who are willing to work such proJect. The Police Department shall supply the necessary two-way radio communication between the employee and the Police Station and transportation from the station to the filming site. Subject to the prOVISions of this Section, the administration of this program shall be performed by the City at ItS discretion and this Section shall be promulgated as Police Department rules and regulations. Employees who are given filming assignments shall receive a bonus of $50.00 for each day assigned to movie overtime. This provISion of the MOU shall only apply to employees represented by MEA as long as employees covered by the Santa MOnica Police Officers' ASSOCiation (SMPOAj MOU are eligible to receive this benefit. 26 . . ARTICLE III: SUPPLEMENTAL BENEFITS Section 3.01 Health Insurance ProQrams A. MedIcal Insurance Effective July 1, 1996, the City agrees to pay up to a maximum of $475.00 per month towards the cost of medical Insurance coverage for employees and eligible dependents provided that employees covered herein participate in the City-offered medical Insurance programs. The cost of medical Insurance coverage Will be set each January 1 st and will be a "composite" monthly Insurance premium derived by dIviding the total monthly Insurance premium for all medical plans offered by the City, except the PERS medical plans, by the total number of employees enrolled In said medical plans as of January 1 st. Any extra payment required under such plans shall be paid by the employee electIng such coverage. Effective July 1, 1997, the maximum amount up to which the City agrees to pay towards the cost of medical Insurance coverage Will be equal to the highest medical insurance premium contributIon cap established for any of the City'S other bargaining umts, excluding any premium contribution cap established for bargaIning units who partIcipate In the PERS medical plans. The same terms and conditIons outlined In the first paragraph of thiS Section Will stili apply In the event that the contribution "cap" does not cover the cost of medical Insurance coverage for employees and eligible dependents, the City agrees to meet and confer with MEA. If the City wishes to Implement changes In the current levels of coverage provided under the City-offered medical plans, and If said changes are at the volition of the City, the City must meet and confer with MEA. Any mandatory, non-optional change(s) In coverage levels required by medical Insurance carner(s) Will not be subject to the meet and confer process. The City and MEA agree that employees should benefit from any premium savings which accrue from the Implementation of a new health Insurance program (Tnple OptIOn Plan and Kaiser} In 1994. The follOWing procedure Will be utilized to determine savings, If any, and, In the event of saVIngs, how said savings Will be distributed: 27 . . /1 ) The actual medIcal Insurance premium costs for 1993 for non- safety employees shall be compared against the City's actual premium costs for the new Triple Option Plan and Kaiser for those same employees (2) If there should be any premium savings between 1993 and 1994 each employee's share of the savings will be determined by dividing the total amount of the savings by the total number of City employees (non-safety) participating In the City's medical Insurance program Each employee's share of any savings will be paid to the employee by no later than March 1, 1995. Pnor to this payment, the City will meet and confer with MEA and the other City bargaining Units to determine the method by which said payment will be made (e.g., lump sum, contribution to deferred compensatIon plan, etc.). In the event the actual medical Insurance premiums for the Triple Option Plan for 1994, and any subsequent calendar year, should be less than the actual City medical Insurance premiums for 1993, the savings will be handled in accordance with the same procedure, outlined above, with the payment being made to the employees by no later than March 1 of the following calendar year. Should either the state or federal government pass legislatIOn mandating all employers to participate In a national or statewide health care plan, It IS agreed that the City will meet and confer with MEA regarding the Implementation of that legislation and the Impact that said legislation will have on mandatory subjects of the meet and confer process. B. Dental Insurance Dental Insurance coverage shall be provided at no cost to employees and their eligible dependents provided that employees covered herein participate In the City-offered dental Insurance programs. C. VIsion Insurance The City agrees to provide VISion care insurance, at no cost, to employees covered herein. The City retains the nght to select the provider and to set the levels of coverage for said vIsion care Insurance plan. The City also retains the right to change the provider of said viSion Insurance plan and/or the level of benefits provided under that plan without meeting and conferrrng. 28 . . Section 3.02 Retirement The City IS a contract member of the Public Employees' Retirement System (PERS), and it IS understood and agreed that such membership will be mamtalned and the employee eligIbility, classification, contributions, and benefits are as prescnbed In the contract between the City and the Public Employees' RetIrement System heretofore approved by the Santa MOnica City CouncIl. The CIty shall continue to pay on behalf of each employee covered by this Agreement an amount equal to the indIVIdual employee's share of the reqUired retirement contnbutlons to PERS (Le., 7% of the employee's "compensation" as defined by law). For the employee who was hired as an ID Technician prior to 1963 and who elected to be "grandfathered" mto the Safety retirement system, the City shall pay on behalf of that employee an amount equal to the individual employee's share of the required retirement contribution to PERS (J.e., 9% of the employee's "compensation" as defined by law). These payments are not mcreases of salary and no salary range applicable to any of the affected employees shall be changed or be deemed to have been changed by reason of such payments; as a result, the City will not treat these payments as ordmary 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 employee so that they will be credited to the particular employee's individual account With PERS and upon termination will belong to the employee. It IS agreed that If State and/or Federal procedures require reporting of these payments in any other manner, the parties will observe the proVIsions of Section 1.10 (Validity of Memorandum of Understanding) of thiS MOU. Section 3.03 Tuition Reimbursement The City and MEA agree that educatIon and training may enhance an employee's job performance and prepare the employee for career advancement Within the City. To that end, the City and MEA encourage employees to take advantage of City-sponsored training programs and the tUition reimbursement program which provides an incentive to take courses on the employee's time. 29 . . The employee and his/her supervisor should document objectives for training and education during the annual performance review. These objectives should form the basIs for selection of specific training seminars and academic or technical courses dUring the course of the fiscal year. In any fiscal year dunng the term of this MOU, employees covered herein shall be entitled to training and tUitIOn reimbursement on the following basIs: A. One (1 ) City-paid training course supported by performance evaluation objectives, to be scheduled at the Department's convenience during work hours, either on or off-Site. The cost of said training course shall not exceed $100.00 unless the department approves It. If an employee Wishes to take a particular training course that is only available either dUring a work shift or on a work day an employee IS not regularly scheduled to work, reasonable efforts Will be made to temporarily change the employee's work schedule so that he/she can take the training course during work hours. The City, however, Will be under no obligation to change the employee's work schedule so that he/she can take a particular training course If dOing so would result In the payment of overtime, either to that employee or to another employee. If an employee believes he/she has been unreasonably denied the opportunity to take a training course which IS scheduled outside of the employee's regular work hours, he/she can file a grievance in accordance With Section 6.05 (Grievance and Complaint Procedure) of this Agreement. B. Notification to employees of special City-conducted classes held in conjunction With examinations for non-traditional Jobs. These classes may be SCheduled dUring work or non-work time. c. ReImbursement of up to $1,000.00 per fiscal year for educational courses supported by performance evaluation objectives, and related study materials (exclusive of parking, room and board) on the follOWing baSIS: (1 ) The course must be approved by the Department Head and Personnel Director and must be consistent With the career development objectives of the employee's most recent performance evaluation. 30 . . (2) The study course must be directed to qualifIcatIOn for an employment position represented In the City work force or to enhancement of the employee's current job performance. (3) The employee must exhibit some reasonable expectation of qualifYing for another City position upon successful completion of the study course If that was the reason for enrollment. (4) Reimbursement shall be made only in Installments upon successful completion of prescribed Units of study required by study course approved. (5) In the event a portion of the tUition and study material is paid by an outside source of aid, the City'S reimbursement shall be limited to the difference between the cost of the course less the amount of outside aid up to the maximum reimbursement herein provided. (6) Only employees probationary period program. who have completed their Initial with the City shall be eligible for thIs (7} Courses for which tUition reimbursement Will be made must be taken on the employee's time or on authorized vacation leave. (8) The procedure to be followed with regard to the administratIon of the tUition reimbursement program shall be established by the Personnel Department D. The City will maintain a computer record of each employee's training and tUitIOn reimbursement course completions, which record shall be made available to the employee for use In making application for other City positions. Section 3.04 Deferred Comoensation It IS hereby agreed that employees covered herein Will be offered participation In the City's deferred compensatIOn plan. As of 7/01/95, the City agrees to contnbute, on behalf of each employee covered herein who IS participating In the plan, the amount the full-time 31 . . participating employee IS contributing to the plan except that the City's contribution to the plan shall not exceed twenty-five dollars ($25.00) per month for each participating employee. Each part-time employee shall be eligible to receive said deferred compensation plan contributIOn by the City on a pro-rata basIs In the same proportion as the number of hours budgeted for the part-tIme position bears to the full-time forty (40) hour work week. Section 3.05 Uniform Allowance A. Each regular full-time or permanent and continUing part-time employee covered by the provIsions of thiS MOU, If reqUired to wear a uniform and such uniform IS not furnished by the City, shall receive a monthly uniform allowance of $40.00; and shall provide and wear at all times while on duty the Uniform prescnbed by their respective Department Heads fn addition to the monthfy Uniform allowance descnbed in the first paragraph of subsection A above, the City shall provide one (1) new unIform each fiscal year for the follOWing Job classifications: Pier and Harbor Guard, Communications Operator II, Parking Checker, Community Services Officer I, Community Services Officer II, Park Ranger, Animal Control Officer, Airport Security Guard, Identification Technician I, Identification Technician II and Jailer. Each new hire In any of these job claSSificatIons, upon appOIntment, shall be supplied one (1) complete unIform and the equipment required for the pOSition, as specified by management. B. Upon request, the City agrees to furnish and maintain coveralls to those employees who are required to do work that may cause damage to their personal clothing. C. Except for those employees receiving a Uniform allowance or coveralls as prOVided In A and B above, the City shall prOVide and mamtain at least nine (9) sets of any required Uniform and employees shall be required to wear such Uniforms at all times while on duty. D. If an employee IS required by the City to wear safety shoes, the City shall prOVide not less than one (1) pair of safety shoes annually with said safety shoes to be supplied by a City-deSignated vendor. In the event that an employee's safety shoes become worn or damaged to such a degree that they are no longer adequate from a safety standpoint, the City shall prOVide another pair of safety shoes. 32 . . E. Employees who are required to wear uniforms while on duty shall wear such uniforms at all times while on duty. Section 3.06 Tool Allowance Employees occupYing the line-Item job classificatIons of Mechanic II, Mechanic I, Transportation Mechanic II, Transportation Mechamc I, Welder Fabricator, Carpenter, Electrician and Plumber may be reimbursed for tools required, as determined by the City, for work performed for the City up to a maximum three hundred dollars ($300.00} per fiscal year. Reimbursement Will be made after the employee submits necessary receipts to his/her supervisor and the supervisor approves the reimbursement by requesting a warrant for payment. If the City provides the employee with all of the tools required to perform his/her job, as determined by the City, the employee Will not be eligible to receIve a tool allowance. In the event that the personal tools and/or tool boxes of the employees covered by thiS Section which are required to perform their duties are destroyed by earthquake or fire at the Job site or are stolen at the job Site, the City agrees to replace such Items. In order for thiS to occur, the employee requesting such reimbursement must have on file In his/her supervisor's office a current Inventory of his/her tools and tool box which are at the work site. The employee is responsible for providing his/her supervisor with an up-to-date Inventory of his/her personal tools and only those tools on the Inventory list, on a tool for tool and on a brand for brand baSIS, will be subject to replacement by the City under the proviSions of thiS Section. Section 3.07 Mileaae Reimbursement Reimbursement to employees for authorized use of personal automobiles on City bUSiness shall be at the rate established by the City CouncIl. Santa Momca MUniCipal Bus Line tokens, to a maxImum of twenty (20) tokens per month, Will be proVided to any employee covered hereunder who submits, on the City mileage reimbursement form, a record of his/her tnps (home to work Site, or work site to home) dUring the preceding month. The Santa Monica MunicIpal Bus Line route number and the bus number used for each tnp must be entered on the reimbursement form. 33 . . Any employee entItled to a City parkIng pass, who has not been Issued a CIty parking pass, or who voluntarily turns In his/her parking pass, shall be eligible to receive forty (40) tokens per month under the terms described above. Section 3.08 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 salary for the fiscal year dunng which the sick leave was earned but not used, excluding any special assignment or bonus pay, shall be made only to employees on the payroll as of June 30 of that fiscal year To qualify for payment an employee must have a sick 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 "Sick Leave Balance Brought Forward from Prior Contract Year" column of the "Vacation, Sick Leave and Compensatory Time" report Issued by the Finance Department at the beginning of the fiscal year during which payable sick leave IS earned. Annual sIck leave payoffs under thIs SectIon for employees with less than ten (10) years of service shall be made according to the follOWing schedule: Sick Leave Days Used In the Flsc~1 Year SIck Leave Days Payable At FI:ical Year End 2 3 4 5 6 7 8 or more 6 5 4 3 2 1 o Annual sick leave payoffs under this Section for employees with ten (10) or more years of service shall be made accordIng to the follOWing schedule, providing there are enough sick days accrued m the employee's sick leave bank to cover the payoff described below: 34 . . Sick Leave Days Used In the Fiscal Year Sick Leave Days Payable At Fiscal Year End 2 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 IS mutually acknowledged by the parties that the use of Code 40 or other paid time off which was not appropnately scheduled In advance will disqualify an employee from eligibility for payment under this SectIOn. There will be an exception to this MOU proviSIon for employees covered hereunder who work a compressed work schedule. Employees assigned to work a compressed work schedule will be allowed to use Code 40, or other paid leave time, Including vacation leave, compensatory time or personal leave day hours, to supplement eight (8) hours of paid sick leave In order to receive a full day's pay for a sick day The use of Code 40 or other paid leave time In this manner by an employee assigned to a compressed work schedule will not disqualify the employee from being eligible for Sick Leave Buy Back. Sick leave for which payoff IS received shall be considered "used" in that It Will not be added to the "bank" (or If added to the "bank" prior to the payoff date shall be removed from the "bank"). Section 3.09: Lono Term Disabilitv Insurance - - The City agrees to maintain a long term disability Insurance plan for permanent employees covered hereunder at no cost to the employee. The long term disability Insurance benefits Will be equal to 60% of either the employee's base salary or $6,667.00 per month, whIchever amount IS less, reduced by the employee's Income from other sources. 35 . . ARTICLE IV: LEAVES Section 4.01 Holidavs Employees covered herein shall receIve paJd holJdays as hereinafter provIded: New Year's Day (January 1} Martin Luther King's Birthday (Third Monday In January) Lincoln's Birthday (February 12) Washmgton's BIrthday (Third Monday In February) Memorial Day (Last Monday In May) Independence Day (July 4) Labor Day (First Monday In September) Thanksgiving Day (Fourth Thursday in November) The Friday follOWing Thanksgiving The half day immediately before Chnstmas Day Christmas Day The half day Immediately before New Year's Day One (1) floating holJday All other holidays declared by City Council In addition, the Library shall close by no later than 5:30 p.m. on the day before the Thanksgiving holJday and the day before the New Year's Day holiday. A floating holiday becomes avaIlable at the beginning of each fIscal year and must be taken before the end of that fiscal year. Only those employees who are on the payroll at the beginning of the fiscal year shall be entitled to receive a floating holiday for that fIscal year. If taken off, a floating holiday must be used In lieu of a regularly scheduled work day and cannot be taken off In hourly Increments. A floating holiday not taken by the end of the fiscal year shall be paid to the employee on the final paycheck at fiscal year end. A floating holiday which IS cashed out at the end of the fiscal year shall be paid In an amount equal to eight (8) hours at the employee's straight-time base salary rate of pay. Employees In departments or diVISions currently observing different holiday schedules shall, In lieu of the holidays listed above, receive holidays enjoyed by other operating employees In that particular department or diVISion, prOVided, however, that the same number of holidays (12} shall be observed. Whenever any day listed herein as a paid holiday falls upon the first or second day off of any employee who has two (2) consecutIve days off, the day 36 . . preceding shall be deemed the holiday 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 lieu of the day listed. Whenever any day listed herein as a paid holiday falls upon the first, second or third day off of any employee who has three (3) consecutive days off, the day preceding shall be deemed the holiday If it falls on the first day off, and the day follOWing the third day off shall be deemed the holiday If It falls on the second or third day off In lieu of the day listed. Whenever any day listed herein as a paid holiday falls upon any day off of an employee who does not have two (2J consecutive days off, the follOWing day shall be deemed the holiday for such employee. Whenever any day listed herein as a paid holiday falls upon any day other than Saturday or Sunday when a City facIlity (including department, division or work unit) is already scheduled to be closed to the public because of the adoption of a compressed work schedule, employees who work at said City facIlity Will receive a floating holiday In lieu of the day listed as the paid holiday. This floating holiday cannot be accrued and carried over to the next fiscal year, and the floating holiday cannot be cashed out at the end of the fiscal year. This floating hOliday must be taken by the end of the fiscal year In which it IS granted to the employee or be forfeited. Time worked on an authorized paid hOliday shall be paid In accordance with Section 2.03 (Overtime) of this Agreement. Employees of the Solid Waste and Transportation Maintenance DIvIsions Will be scheduled off duty on recognized holidays listed above whenever operational staffing needs allow. As many employees as possible Will be scheduled off duty and volunteers and as-needed (temporary) employees Will be used to the extent that they have the required skills, but regular employees may be required to work on holidays to meet the service needs of the public. Employees of the Solid Waste DIvISion who are reqUired to work on holidays listed above shall be paid according to the applicable overtime prOVISion or have the option of (1) requesting an alternate work day off Within the pay period, or (2) banking the day for use or payoff before the end of the fiscal year. The approval of a specific alternative day off shall be at the discretion of the dIvISion superintendent. If an employee IS scheduled to work on a holiday and falls or refuses to appear for duty, or calls In Sick and cannot verify the Illness With the appropnate 37 . . medical documentation, he/she will forfeit any compensation for the day, including holiday pay, sick leave pay, or other compensation. Section 4.02 Vacation Leave Each employee occuPYing a regularly authorized line-Item position or a permanent and continuing part-time position In any job clasSification covered herein shall accrue vacation leave with pay on the following baSIS: A. Following completIon of the 1 st SIX (6} calendar months of continuous service, SIX (6) working days. B. Thereafter, up to and including fIve (5) completed years of serVice, one (1) working day for each completed calendar month of service. C. Upon completion of five (5) years of service and up to ten (1 O} completed years of service, 1 .25 workmg days for each completed calendar month of service. D. Upon completion of ten (10) years of service and up to fifteen (15) completed years of serVice, 1.5 working days for each completed calendar month of service. E. Upon completIon of fifteen (15) years of service and thereafter, 1 75 working days for each completed calendar month of service F. A completed calendar month for which benefits herein shall accrue is defined as a calendar month In which the employee has been in pay status for eleven (11) or more working days In that month. G. Accrual of vacation leave shall not exceed forty (40) days. H. Except as provided herein, the administration or application of vacation leave provIsions and the limitations on the accumulations, proportionate accumulation, scheduling and payment for such leave shall be as prescnbed In the CIVil Service prOVISions of the Santa MOnica MUniCipal Code. 38 . . Section 4.03 Sick Leaye A. The use of sick leave shall be defined as In SectIon 2.04.570 of the Santa Monrca MUOIclpal Code, hereby Incorporated as if set forth in full herein, except as follows: Sick leave shall be defined as absence from duty because of the employee's Illness or off-the-job Injury, exposure of the employee to contagiOUS disease as eVidenced by certification from an accepted medical authority, medical or dental appointments of the employee or the employee's dependent children which could not be scheduled during non- work hours, With proper advance notification to the employee's supervisor, or Illness or Injury of any member of the employee's household. B. Each Incumbent of a line-Item pOSition shall accrue sick leave With pay on the following basis (1) Followmg completion of SIX (6) calendar months of continuous serVice, SIX (6) working days. Thereafter, one (1} working day for each completed calendar month of service. (2) A completed calendar month for which benefits herein shall accrue IS defined as a calendar month In which the employee has been In pay status for eleven (11) or more working days in that month. C. No more than one hundred thirty (130) working days may be applied against Sick leave for anyone (1) Illness. D. Any employee who IS absent because of Sickness or other phYSical disabIlity shall notify his/her Department Head or other Immediate supenor officer as soon as possible but In any event In accordance With departmental rules and regulations E In the event that a Sick day falls on a regularly scheduled work day for which the work hours exceed eight (8) hours, the employee will have the option of working, at straight-time, the number of hour(s) needed to supplement the eight (8) hours of Sick leave pay so that the employee will receive pay for the total number of regularly scheduled hours for that day. The extra time worked by the employee shall be worked during the work week In which the Sick day falls. 39 . . Section 4.04 Leave of Absence Without Pay An employee covered herem may be granted a leave of absence without pay upon application approved by the Department Head and the City Manager. A leave of absence may not exceed one (11 year's time. Upon expiration of the leave, the employee shall be reinstated to the pOSition held before the leave was granted. Such leave shall be granted only In those cases where an employee's record of service and qualificatIons make It desirable for the City to retam his/her services even at the cost of some Inconvenience to the City. Unless prohibited by the Family Medical Leave Act, or similar state and/or federal legislation, the employee's service date shall be adjusted for unpaid leaves of absence which exceed thirty (301 calendar days, with the employee's service date bemg moved forward by the same number of days as the unpaid leave of absence. In the event a permanent employee separates from the City but IS rehired within twelve (12} months, the break in service between the last date of employment and the date on which the employee IS rehired Will be treated as an unpaid leave of absence for the purpose of establishing the employee's service date with the CIty. Section 4.05 Militarv Leave The City Will observe the military leave reqUirements of State and Federal law. Section 4.06 Workers' Comoensation Leave Any employee covered herein who IS receiving disability payments under the "Workers' Compensation Act of California" (for on-the-job injuries sustained while engaged In the performance of the duties of any such City positIon} shall receive from the City dunng the first sIxty (60) days of such disability absence, payments In an amount equal to the difference between the disability payments received under the Workers' Compensation Act and the employee's full salary. Such payments by the City shall be made without any deduction from accrued sick leave benefits. The City'S obligation to make such' payments shall not commence until the third (3rd) day of such disability absence. Section 4.07 Jurv Dutv Employees covered herem, when duly called to serve on any jury and when unable to be excused therefrom, shall receive the regular base compensation 40 . . less all jury fees received excluding mileage for the time required to be spent In court provided that an mdlvldual employee will be so paid for jury service only once every three (3) years and shall make every effort to cooperate with any request by the Department Head to request a delay In jury service to accommodate Important department work In progress. Each employee receiving a notice to report for jury service shall Immediately notify his/her Immediate supervisor. Whenever dally jury duty scheduling permits, employees shall return to their regular dally job assignment to complete their regular dally work hours. Where operationally possible, any employee covered herein called to Jury duty shall, for administrative purposes, be placed on a Monday through Friday schedule, which Incorporates the operational hours of the court, for the duration of his/her jury duty. In the event that either the State or Federal court system change current policy which excuses from Jury service those employees who do not receive full compensation from their employer dUring the full period of jury service, regardless of frequency, the parties Will meet and confer over the Impact of this change on employees covered hereunder. Section 4.08 Bereavement Leave Bereavement leave of not more than five (5) working days With pay shall be provided for absence from duty due to the death of a member of the employee's famIly or the employee's household. For the purposes of this section, "family" shallmclude spouse, child, brother, sister, parent, parent-In- law, son-In-law, daughter-In-law, step-parent, step-brother, step-sister, grandparent, grandchild, spouse of child, spouse of step-child, step-parent of spouse, uncle, aunt, nIece and nephew. Section 4.09 Personal Leave Davs Four (4) days of leave each fiscal year may be used for personal matters. This leave shall be granted In Units of not less than two (2) hours. This leave shall not be accruable from year to year If not used in any given fiscal year. Scheduling of days off shall be done With prior approval of the employee's superVisor, providing that request for time off shall not be unreasonably denied Denials of time off shall be In writing and shall state the reason(s} 41 . . for the denial and shall propose alternate dates for the time off that has been requested. The employee may agree to the proposed alternate date(sl or make a request for a different day off. The employee shall not unreasonably refuse to agree to proposed alternate date(s). The employee shall have the right to challenge the denial of time off through the Grievance Procedure. A paid personal leave day shall mean eight (8) hours at the employee's stralght- time base salary rate of pay. Employees covered hereunder who are on a compressed work schedule will be allowed to use personal leave days in Units of less than two (2) hours for the purpose of supplementing eight (81 hours of paid vacatIon or eight (8) hours of sick leave In order to receive a full day's pay. Personal leave days cannot be accrued from year to year If not used In any fiscal year and, If unused at the end of the fiscal year, cannot be cashed out unless the employee can demonstrate that he/she was unreasonably denied the time off by his/her supervisor. Refusal on the part of the employee to accept an alternate day off would not constitute a denial of time off by a supervisor. If an employee believes that he/she was unreasonably denied personal leave time, he/she shall submit a letter to the Personnel Department prior to the end of the fiscal year requesting that the unused personal leave time be cashed out. Cash-out of the personal leave time shall be subject to approval by the Personnel Department. Such approval shall not be unreasonably denied. Section 4.10 Parental Leave Employees who demonstrate that they have primary responsIbIlity for the care of a new child, shall be entitled to a leave of absence totaling up to four (4} months Immediately followmg the child's birth or adoption and shall be returned to the same line-Item pOSitIOn occupied prior to the leave upon Its eXpiration. Paid vacatIon leave and sick leave, If applicable, as well as unpaid leave shall be counted toward the four {41 month total. Additional leave may be requested under the prOVIsions of Section 4.04 (Leave of Absence without Pay) of thiS Agreement. Maternity leave IS not the same as parental leave and shall be admmlstered In accordance with State and Federal law. When an employee returns to work following maternity leave, said employee shall be reinstated to her former position 42 ~ . . Section 4.11 Familv Leave The City hereby agrees to Implement family and medical leave In accordance with the California Family Rights Act (CFRAJ and the Federal Family and Medical Leave Act (FMLAI for all employees covered herem. These statutes shall supersede and be Implemented In lieu of any contract language or City policy/practice which provides a lesser benefit. Before the Issuance of any administrative procedures pertamlng to leave under the CFRA or FMLA, the City agrees to discharge Its meet and confer obligation with MEA. When granted family leave, the employee may choose to use available accrued sick leave at his/her discretion. 43 . . ARTICLE V: WORKING CONDITIONS Section 5.01 Safetv & Loss Prevention The City shall make every reasonable effort to provide a safe and healthy working environment In accordance with applicable State and Federal laws and regulations. MEA agrees that where safety devices or Items of protective equipment are required or furnished, their use shall be mandatory Employees shall report unsafe practices, equipment or conditions to their supervIsors. An employee who IS directed to perform a task which the employee has good reason to believe IS unsafe may request an Immediate review by his/her Department Head and the Personnel Director who shall consult with other safety speclahsts as appropriate. During the period of review and/or Investigation, the employee shall not be required to perform the task complained of, shall not suffer loss of payor benefits, and, If possible, shall be assigned other appropriate duties. If the task complained of is deemed safe by the appropriate official, the employee shall then perform the work as Instructed. Both parties to thIs MOU agree to fully support the City's Risk Control Policy. Said policy sets forth the City's commitment to maintaining a safe and healthy work environment, to preventing accidents and InjUries and minimizing risk and loss wherever possible. Said policy outlines the safety responsibilities of the City, City managers and supervisors, and City employees. Section 5.02 Performance Evaluations & Effect of Job Performance on Salarv The parties hereto agree that one purpose of a performance evaluation IS to record the accomplishments and deficiencies with regard to an employee's performance which have previously been discussed by the employee and supervisor dUring the period of time covered by the performance evaluation. In addition, the performance evaluation IS an opportunity for the employee and supervisor to diSCUSS what Improvements, If any, must be made by the employee dunng the next evaluation period. It IS also an opportunity for the employee and supervisor to set and diSCUSS goals and objectives for the next evaluation period with regard to the employee's Job performance as well as his/her career development within the City. In the event that an employee does not agree with his/her performance evaluation, he/she can file a grievance under Section 6.05 (Gnevance and Complaint Procedure) of this MOU. 44 . . Statements made in an employee's performance evaluation shall not be used as a substitute for the documentation of dlsclphnary actions. DIsciplinary actions, including reprimands and warnings, which become a part of the employee's officIal personnel file may be referenced In the employee's next performance evaluation and may be taken Into account In rating the employee's performance. Should an employee file a gnevance With regard to any disciplinary action which has been taken, said disciplinary action cannot be taken Into account In the employee's performance evaluation unless the grrevance process has been completed and the disciplinary action has become final. Normal progression through the salary range established for a position toward E-step shall be In annual step Increments contingent on satisfactory service. However, the City Manager, in exceptional cases, based upon specific appraisal of the Importance and difficulty of the work and the demonstrated performance of the Incumbent, may authOrize special salary step Increases above the amount prescrrbed In the salary schedule for the class and length of service of the Incumbent. In no event, however, shall the rate exceed the maximum rate for that class. Notwithstanding any prOVISion contained In this agreement, there will be no Increase In wages of any kind as a result of a NOT ACCEPTABLE rating on the employee's prescrrbed periodic performance rating. There will be no subsequent Increases In wages until the NOT ACCEPTABLE has been Improved to at least the SATISFACTORY level Any overall rating In the BELOW SATISFACTORY category may delay the next scheduled salary Increase at the discretion of the appointing authOrity. Such action shall remain In effect until the overall rating has been Improved to at least the SATISFACTORY level. Section 5.03 Effect of Reassianment/Recertification on Skill/Bonus Pay When a "bonus," "skill," or additional pay referenced In Sections 2.04 (Shift Differentials), 2 06 (Skill Pay & Bonuses) or 2 07 (Pay for Serving In a Higher Job Classification) IS the result of assignment to specified duties or hours, or of mamtenance of a registration, certificate or other credential, the loss of the bonus, Skill, or additional pay due to the end of the assignment or failure to maintain the reqUired registration, certificate or credential shall not constitute a demotIon, pursuant to Section 2.04.680 of the MUniCipal Code. 45 . . Section 5.04 Emolovee Parkinc It IS hereby agreed that the City will make every effort to maintain free parking as It presently eXists for City employees at City facilities. The employees covered by this Agreement recognize that the City must comply with Regulation XV Issued by the Air Quality Management District (AQMD) and the City's Transportation Management Plan Ordinance. If the use of positive incentives does not result In the City meeting the compliance requirements of AQMD's Regulation XV or the CIty'S TransportatIon Management Plan Ordinance, It IS understood that the City can Implement a charge for employee parking In an effort to meet those requirements. In addition, If It should become necessary to charge for parking during the term of this Agreement m order to comply with any other State or Federal reqUIrement regarding transportation management, the City can Implement said charge. However, In no event shall the City Implement such a charge for parkmg without meeting and conferring with MEA should any employee(sl represented by MEA be subject to such a charge. Section 5.05 Personnel Files A. The City shall maintain one and only one official personnel file for each employee covered herein. Said file shall be kept In the City's Personnel Department. B. All personnel actions shall be based solely on the contents of the official personnel file except there shall be no requirement that employee counseling documentation be Included In said file until such time as personnel actions relYing upon the employee counseling documentation IS taken. The employee shall receive a copy of any counseling documentation withm five (5) work days of the date It IS written. For the purposes of thiS section of the MOU, personnel actions shall not Include performance evaluations. C. Nothing herein shall preclude the appointing authority from taking discIplinary action for an incident for which there IS no prior documentation prOVided that said action meets the requirements of Section 6.07 (Disciplinary Action) of this Agreement. D. An employee covered herein shall be entitled to review the content of his/her City or departmental personnel file at reasonable Intervals prOVided that the employee schedules an appointment, at least twenty- four (241 hours In advance, during the regular bUSiness hours of the 46 . . office In which the files are malntamed. No material shall be placed In an employee's City or departmental personnel file without having been shown to the employee. An employee may prepare a written response to any such material and such response shall be filed with the original material. Section 5.06 Job SharinQ The City of Santa MOnica endorses the concept of job sharing to encourage the participation of half-time workers In the City. Department officials shall make reasonable effort to accommodate an employee's request to job share. Upon receipt of a request, the Department may assign the employee to a half- time schedule, If practicable, pending Identification of a qualified individual willing to occupy the remaining half-time position. If after two (2} months, reasonable effort to recruit an individual to occupy the other half-time position has been unsuccessful, the employee who requested to job share the position must revert back to full-time status If he/she wishes to retain the position in question. Nothing In this provIsion shall require a Department to mamtaln a job-share In a SituatIOn where a full-time position IS budgeted. An Incumbent of a job-share may return to a full-time schedule when the other half-time positIOn becomes vacant or by application for and acceptance as a transfer to a vacant full-time position. An employee who is denied a job-share IS entitled to receive the reasons for denial. Section 5.07 Work Schedules Except In the case of emergency, an employee shall be provided With fifteen (15} days advance notice of a change In his/her regularly scheduled work hours. This provIsion shall not apply to operational areas, where work schedules need to remain flexible In order to meet the operational needs of the City. The operational areas/departments where work schedules Will need to remain flexible are as follows: Library, Event FaCIlities, RecreatIOn, Community and Senior Services and Human Services. Whenever a vacancy occurs, reasonable efforts shall be made to offer that work assignment to other qualified employees who might Wish to work the work 47 . . schedule established for the vacant position. In the event more than one qualified employee requests the work schedule change, the qualified employee with the most seniority will be granted the work schedule change. In the event there are no volunteers, management will assign the least senior qualified employee to that work schedule. For the purpose of this section, seniority will be based upon service In the divIsion or work Unit, whichever IS relevant. Management shall determine which employees meet the qualifications required for the work assIgnment. If an employee believes that he/she has been Improperly denied such an assignment, he/she can file a grievance In accordance with Section 6.05 (Grievance and Complaint Procedure) of the Agreement. In the event the City wishes to Implement a work schedule which was not In effect for a given job classification as of July 1, 1994, the City Will provide MEA with fifteen (15) calendar days' written notice of the proposed work schedule. The City, If a request IS made by MEA, Will meet and confer with MEA with regard to the manner In which the proposed schedule Will be Implemented. Nothing In this MOU, however, shaff precfude the City from Implementing a new work schedule In the event the parties fall to reach agreement by the end of the fifteen (15) calendar day notification penod. The transfer of an employee from one work schedule to a work schedule that already eXisted as of July 1, 1994 for that employee's classification shall not be subject to the meet and confer process. In those cases where a permanent employee desires to modify his/her work schedule to accommodate specifiC scheduling needs of the employee (e.g., dependent care arrangements} that do not fall Within the normal work schedule establJshed for the employee's pOSItion, the employee shall submit a request for a work schedule modification to his/her Department Head. The employee's request shall not be unreasonably denied by the Department Head as long as the operational needs of the employee's divIsion/work Unit Will stili be met. If It should be later determined that the operational needs of the Department and the City can no longer be met With the employee's modified work schedule, the employee shall receive at least fifteen (15) days' notice that his/her modified work schedule can no longer be continued. In the event that the employee cannot change his/her outside scheduling needs to fit Within the regular work schedule established for his/her pOSition, the City Will make every reasonable effort to place said employee In another like pOSition where the employee's specific scheduling needs can be accommodated. While nothing in this Section requires that the employee's modified work schedule be granted or that the employee be transferred to a like pOSition to meet the employee's outside scheduling needs, requests shall not be unreasonably denied. 48 . . If an employee's request for a modIfIed work schedule IS denred and If the employee does not agree with the deCISion that has been reached, the employee can grieve such decISion under Section 6.05 (Grievance and Complaint Procedure) of this Agreement. Failure to successfully transfer an employee under this Section will not be gnevable. S'ilction 5.08 Lavoffs ProvIsions of the Santa Monica Municipal Code governing layoff or abolition of a permanent position are hereby Incorporated m this Agreement by reference. MEA will be provided with thirty (30) days' notice of the layoff of permanent MEA employee(s) or of the abolition of posltlon(s) held by permanent MEA employee(s). In the event that employee(s) represented by MEA are subject to layoff or posltlon(s} represented by MEA are gOing to be abolished, the City will meet and confer with MEA with regard to the proposed layoffs and/or abolition of budgeted MEA posltlon(s}. If the parties reach final Impasse, however, the City IS not precluded from proceeding with the proposed layoff(s) and/or abolitIOn of posltlOn(s) held by permanent MEA employees. Section 5.09 Promotion If, upon promotion, an employee represented herem falls to satisfactorily complete his/her probationary period In the position to which he/she has been promoted, or dUring the probatIonary period wIshes to return to hIs/her former pOSition, he/she shall have the right to return to his/her former pOSition, if vacant, or to a comparable position In the same Job classification If a vacancy eXists. If an employee returns to his/her former position or to a comparable posItion In the same job clasSification, the employee shall be placed at the same salary step he/she had attained In that job clasSification prior to being promoted. In addition, If an employee returns to his/her former position or to a comparable position In the same job classification, he/she will not be subject to a new probationary period. If no vacancy eXists, the employee will have any reappointment nghts to hIs/her former position as prOVided by the Santa MOnica MUnicipal Code (Section 2.04.450). A position Will be conSidered to be vacant If It has not been filled by another permanent employee hIred speCifically for that position. 49 . . Section 5.10 ProbationarY Period Any appointment made from an eligible list shalf be subject to a probationary period of SIX (6} months. However, upon the determination of the appointing authority, said probationary period can be extended for up to two (2) additional SIX (6) month periods. The probationary period of an employee may be extended by the appointing authority If. A. A license, registration, or certification IS required before permanent status may be granted, provided there is a reasonable expectation that the license, registration, or certification will be awarded during the extension. B. The employee has had a number of supervisors during the probationary period, none of whom can realistically evaluate the probationary employee's performance. C. The employee, or the employee's Immediate supervisor, was on leave for a Significant portion of the probationary period. D. The employee's probationary period Involved work on a specific project which has not yet been completed, but which reasonably can be expected to be completed during the extension period. E. It IS necessary to complete background reference checks or Similar InvestigatIOns, provided the employee IS performing satisfactonly, and the checks and investigatIOns are expected to be completed dUring the extension penod. F. The employee's performance needs Improvement, but In the opinion of the apPointing authOrity, can be expected to become satisfactory dUring the extended probationary period. G. The appointing authOrity Identifies Job-related circumstances other than those listed above. If an appOInting authOrity determines that the extension of an employee's probatIonary period is warranted, he/she shall submit to the Director of Personnel, In Writing, the reason(s) for extending the employee's probationary penod Within ten (10) calendar days prior to the expiratIOn of the probationary penod. This same provIsion shall apply to any six-month extension of the probatIOnary period. 50 . . No appointee shall acqUire permanent CIvil service status until his/her probationary period has expired and unless prior to the expiratIOn of such period the appointing authority of the appointee has recommended to the Personnel Director, In Writing, that the appointee be given permanent cIvil service status. In the event the appointing authority falls to make such recommendatIOn prior to the expiration of the probationary period, the probationary appointee's employment by the City shall terminate automatically upon the expiratIOn of said probationary period. This same provIsion shall apply to any six-month extension of the probationary period. If an employee covered herein passes a sIx-month probationary period, said employee would normally not be eligible for a salary step increase until the completion of one full year of service In that pOSition, With said salary step Increase being contingent upon satisfactory performance. Sectiol1 5.11 Wash-UD Period The parties agree that employees covered by this MOU who perform physical manual labor shall have a period of time before the end of their shift to wash-up and/or change clothes. Therefore, each said employee shall be entitled to fifteen (15) minutes Immediately before the end of each shift and five (5) minutes Immediately before lunch for that sole purpose. No employee covered herein shall stop work pnor to the last fifteen (15) minutes of his/her work Shift, and no employee Will be entitled to such fifteen (15} minute wash-up time If wash-up and change of clothes IS not necessary. The City shall determine which posltlon(s) Will be covered by this provision. If an employee believes that he/she should be covered by this prOVISIon, the employee can gneve the denial of a wash-up period under SectIOn 6.05 (Grievance and Complaint Procedure) of this Agreement. Section 5.1 2 Subcontractina The City agrees that It Will prOVide MEA With thirty (30) days' notice of any proposal to subcontract work ordinarily performed by members of the bargaining unIt. The City Will meet and confer with MEA on any known or antiCipated layoff, demotion, reclassificatIOn or Involuntary transfer of employee covered herein which might result from the proposed subcontracting of such work. However, In the event the parties reach final Impasse, the City IS not precluded from proceeding With the proposed subcontracting of work ordinarily performed by members of the MEA bargaining Unit. 51 . . Section 5.13 Transfers Whenever the Personnel Department actively recruits to fill a vacancy with a Job classification represented by MEA, It shall post said vacancy Within the department which has the vacant position. The vacancy shall be posted for three (3) working days based on the work schedule In effect for City Hall. There shall be no guarantee that all employees within the department will be notified of a vacant positIOn. It shall be each employee's responsibility to check the bulletin board for the posting of the vacant position within his/her department. If there are employees In that department who hold a position In the same Job classification and who wish to be transferred to the vacant position, they shall complete a transfer request form and application and submit It to the Personnel Department by the date the three-day posting of the vacant position closes. The Personnel Department shall provide the apPointing authonty a list of employees within the department who are Interested In transferring to the vacant positIOn. However, the appointing authority shall be under no obligation to accept a transfer within the department to fill the vacant position. Interdepartmental transfers shall be conducted In accordance with the relevant provisions of the Santa Monica Municipal Code. Section 5.14 Lunch Periods Employee lunch periods shall be considered duty free. If the City seeks to direct the employee, or require that the employee provide services during the duty free lunch period, the employee shall be compensated at the applicable rate of pay for the period of time In question. Section 5.15 Outside Activities An employee represented by MEA may engage In part-time or occasional outSide work, occupation or business activity for remuneration or profit, hereinafter referred to as Outside Activity, outside of the employee's regular work hours as long as such Outside Activity will not Interfere with the efficient and effective performance of the employee's duties with the City. The Outside Activity must be approved In advance by the Personnel Board on written recommendation of the appointing authOrity. Each Outside ActiVity request will be reviewed separately on Its individual merit. An Outside Activity request will be granted 52 . . or denied on the basIs of the criteria for approval/disapproval which are set forth In Section 2.04.860 (Outside Activities) of the Santa MOnica MUniCipal Code. 53 . . ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS Section 6.01 Pavroll Deduction It IS mutually understood and agreed that the City will, subject to the provisions of Ordinance No. 801 (CCS) and dUring the term of this MOU, deduct monthly and remit to the office or officer designated In the employee payroll deduction authOrization Recognized Employee Organization dues, credit union Investments or payments, health and hospitalization Insurance premiums, and life and aCCident Insurance premiums. Any or all such payroll deductions are subject to termination by the City Manager upon twenty-four (24) hours notice for failure by MEA to comply With the prOVISions of thiS MOU. $~ction 6.02 Reasonable Notice Reasonable written notice as defined In Section 3504.5 California Government Code shall be given on all matters requiring such notice under said Section. $~ction 6.03 Association Security A. Agency Shop At the time MOU negotiatIOns commenced With the MUnicipal Employees ASSOCiation (MEA) bargaining unit to negotiate this Agreement, which has an effective date of July 1, 1994, MEA had demonstrated that It had 70% membership (based on the number of dues paymg members of MEA In companson to the number of MEA POSitions) for both MEA employees and the former SEIU employees who are now represented by MEA. As a result, based on the terms and conditions of both the MEA MOU and the SEIU MOU, the City granted Agency Shop to MEA for both groups of employees. Both groups of employees now comprise a Single bargaining unit called the MUnicipal Employees Association. The Agency Shop provIsion IS subject to the terms and conditIOns set forth In Exhibit C (Agency Shop}. As long as the Agency Shop prOVISion IS m effect, employees represented by MEA Will be reqUired to either maintain active membership status In MEA or pay a service fee to MEA for collective bargaining-related services prOVided by the ASSOCiation. The one exception Will be any MEA employee who certifies he/she is a member of a bona fide religiOUS body or sect which has historically held 54 . . conscientious objections to jOining or financially supporting public employee organizations. As long as MEA can demonstrate that It has 70% membership (which does not Include service fee payers), the City shall continue to grant Agency Shop to MEA. Employees represented by MEA may elect MEA membership status or service fee payer status as they see fit and may change such status from one category to the other upon written notification to the City and MEA. If, at any tIme, MEA membership, whIch does not Include service fee payers, falls below 70% (based on the number of dues paYing members of MEA in comparison to the number of fIfIed MEA positions!, the Agency Shop provIsion Will be discontinued and the obligatIon of MEA members to pay MEA dues and non-members to pay a service fee to MEA Will cease as of the beginning of the next payroll period. The Agency Shop prOVISIon, however, Will be reinstated should MEA membership once more reach the required 70% level. Such reinstatement shall be effective with the next payroll period follOWing the determination that the 70% membershIp requirement has once more been met B. AssociatIon LIsts Within thirty (30} days after the date thiS Agreement has been ratified by both parties and thereafter on request from MEA, the City shall give to MEA one (1) copy of the list of employees In the MEA bargaining Unit together with their most current addresses as they appear on the records of the City of Santa Monica. The MEA shall retain such information in confidence and disclose It only to those offiCials of MEA whose duties require them to have access to such information. C. Hold Harmless Clause MEA agrees to indemnify, hold harmless, and defend the City, at MEA expense, against any claims, losses or Judgements rendered against the City from any lawsUit filed by an employee or group of employees by reason of the operation of thiS section of the MOU. Set;:tiQn 6.04 Time Off for Association Business Ordinance No 801 (CCS) establishes orderly procedures for the administration of employer-employee relations between the City and MEA and for resolVing disputes regarding wages, hours, and other terms and conditions of employment. The City has agreed to allow authorized MEA representatives time 55 . . off with pay each fiscal year to conduct necessary aSSOciation business and will give special consideration to MEA representatives with regard to the scheduling of unanticipated Association business. AuthOrized Association representatives shall be allowed to utilize a total of two hundred (200) hours of time off With pay dUring each fiscal year to conduct necessary anticipated Association business. These two hundred (200) hours per annum represent the aggregate maximum use for all authOrized representatives of the AssociatIOn per annum, as opposed to two hundred (200) hours per representative per annum. Prior to such usage, authorized Association representatives must receive permission from the appOInting authOrity, or designee, In writing. All such time off shall be reported by said ASSOCiation representative to the Director of Personnel for accounting purposes. The authOrized ASSOCiation representative shall provide his/her supervisor With reasonable advance notice when It IS necessary for the MEA officer to attend to ASSOCiation bUSiness pursuant to thiS agreement. Time off to attend to ASSOCiatIOn bUSiness shall not be unreasonably denied. Denials of time off shall be In writing and shall state the reason(s} for the denial. The MEA officer shall have the nght to challenge the denial of time off for ASSOCiation bUSiness by submitting a grievance, in Writing, to the Director of Personnel. The Director of Personnel shall investigate and determine whether or not the request for time off to attend to ASSOCiatIOn bUSiness was unreasonably denied. Section l';i.05 Grievance & ComDlaint Procedure A. Grievances and appeals of non-probationary employees covered herein which Involve removals, demotions or suspensIOns shall be subject to the procedures outlined m Section 2.04 750 et seq. of the Santa MOnica Municipal Code, which shall constitute the sole administrative recourse available under the terms of thiS MOU. In the event the Personnel Board delegates the hearing of a dlsciplmary appeal Involving a termination, demotion or suspension to a Hearing Officer, the Hearing Officer shall be selected from a list of names proVided by the American Arbitration Assoclatlon (AAA) In addItion, there shall be no requirement that the Hearing Officer possess a law degree or be a member of the California Bar The procedure for selecting the Hearing Officer from the list provided by AAA shall be In accordance With the selection procedure currently set forth m the Santa Monica MUniCIpal Code section pertammg to the use of a Heanng Officer for diSCiplinary appeals Involving terminations, demotions and suspensions 56 . . B. All other gnevances, including those involving performance evaluations, shall be resolved In the following manner: (1) Informal DISCUSSion The aggneved employee(s) IS encouraged to meet with the Immediate supervisor to discuss the problem In an effort to clarify the problem and to work cooperatively towards settlement. (2) First Step If the matter cannot be satisfactorily resolved within thirty (30} days of the event giVing rise to the gnevance [or In the event that the employee could not have known of the event giVing rise to the gnevance, within thirty (30) days of learning of the event], the employee, or MEA on behalf of employee, shall submit the grievance In wntlng, stating the nature of the grievance and the desired solution to the second level supervisor, If any The second level supervisor shall meet with the grievant and the grievant's representatlve(s), If any, no later than the grievant's fifth regularly scheduled work day follOWing presentation of the gnevance Within five (5) working days following such meeting, the supervisor shall give a wntten decision to the grievant. If the second level supervisor does not have the authority to resolve the gnevance, It shall Immediately be forwarded to the Department Head or the appropnate authority. (3) Second Step If the grtevance IS not resolved at the first step, the grievance may be referred within ten (10) days to the Department Head, who shall meet wIth the employee and the representative In an attempt to resolve the gnevance wlthm the gnevant's fifth regularly scheduled work day follOWing the receipt of the grievance. Within five (5) working days followmg such meetmg, the Department Head shall give a written deCISion to the grievant. 57 . . (4} Third Step If the gnevance IS not resolved at the second step, the grievance may be forwarded within ten (10) days to the Personnel Director, who shall meet With the employee and the representative Within five (5} working days following receipt of the grievance. The Personnel Director shall make such investigation as required and make recommendations to the City Manager no more than ten (101 working days follOWing the meeting With the employee and the representative. Within twenty (20) calendar days thereafter, the City Manager shall render a written decIsion, which shall be final If the grievance alleges a misinterpretation of a specific section of this Memorandum of Understanding, MEA may request, following step two of the grievance procedure deSCribed above, that the City meet and confer In an effort to solve the dispute. If the dIspute remains unresolved after three (31 meetings or ten (10) work days, per the work schedule In effect for City Hall, whichever occurs first, a gnevance board shall be convened. Said board shall be comprised of one (11 representative of MEA, one representative of the City and a third who shall be a member of a panel provided by the State Mediation and ConCIliation Service. The board shall schedule a hearing as soon as practicable and shall issue a written deCISion Within thirty (30} calendar days of the conclUSion of the hearing. In the event that the board falls to reach a unanimous decision, the vote of the panelist from the State Mediation and ConcIliation Service shall be the tie-breaking vote. The deCIsion of the board shall be binding. C. General ProvIsions (1) A grievance Will only be considered If It IS filed within thirty (30} calendar days of the event giVing rise to the grievance or, In the event that the employee could not have known of the event gIVIng rise to the gnevance, Within thirty (30} calendar days of the employee learning of the event. (2} All time periods In this Section may be extended by mutual wntten agreement of the employee or his/her representative and the management representative Involved. 58 . . (3) If a management representative does not meet with the grievant or render a decISion within the time hmlts specified, the employee may Immediately exercise the next step In the gnevance process. (4) An employee who has Initiated a grievance, or assisted another employee m initiating and/or processing a grievance, or who has testified at any hearing shall not In any way be coerced, hindered, intimidated, or dlscnmlnated against for exercising this right. (51 For purposes of this Section, "days" shall mean regularly scheduled work days of the affected employee(sl unless otherwise specified. D Representation (1} Employees shall have the right to represent themselves individually in grievance matters, or to be represented by MEA. (2) MEA shall notify the Personnel Director, In wrltmg, of Its designated employee gnevance representatives and shall provide notifications of any change In such representatives. At the Informal Step and Step 1, MEA representatives may represent the grievant. At Step 2 and Step 3 and at any Personnel Board hearing, MEA may also designate an outside representative to represent the grievant or MEA. (3) Reasonable time off without loss of payor benefIts shall be given to a grievant or MEA employee grievance representative to Investigate and/or process grievances, and to witnesses many gnevance meetings or hearing held dUring work hours. Before performing gnevance work, MEA representatives, the grievant or witnesses shall obtain permission from the ImmedIate supervisor. When the grievance work IS completed, the MEA employees released under this Section shall return to work and complete their assigned work shifts If the work shift has not yet ended. Neither the grievant nor the representative nor wItnesses shall Interrupt or leave work if the supervisor determines that such InterruptIOns or absence will unduly interfere with the work of the employee. However, If the supervisor denies such time oft, time off must be granted wlthm twenty-four (24) hours of such request. 59 . . Section 6.06 Rioht to Association ReDresentation Employees covered herein shall have the right to MEA representation at any meeting with representatlve(s) of the City WhiCh, in the employee's opinion, may result In disciplinary actIOn. Section 6.07 Disciolinarv Action A. Permanent employees covered herein shall be subject to discipline only for just cause. All disciplinary actions shall be based solely on the contents of the employee's offIcial personnel file except that there shall be no requirement that employee counseling documentation be Included In said file until such time as further dIsciplinary action relying upon that counseling documentation IS taken, providing that the employee has received a copy of said counseling documentation. This does not, however, preclude an appointing authOrity from taking disCiplinary actIon, up to and Including terminatIon, for an inCident for which there IS no prior documentation as long as the disCiplinary action is warranted and IS based on just cause. Statements made In an employee's performance evaluation shall not be used as a substitute for the documentation of disCiplinary actions. Progressive discipline will be used With the disCiplinary actIon taken being dependent upon the severity of the inCident on which the disCiplinary action IS based. The seventy of the inCident, however, can result In the Immediate termination of an employee even though there has not been any prior disCiplinary actIon taken against that employee. Two NOT ACCEPT ABLE overall performance ratings will not result in the automatic dismissal of the employee who received those ratings. However, two (2} consecutive NOT ACCEPTABLE or BELOW SATISFACTORY overall performance ratings can result In disciplinary action, up to and Includmg dismissal, as long as there IS just cause for the disCiplinary actIOn being taken. MEA shall be copied on all written notices of disCipline gIven to employees represented by MEA. The wntten notice of disCipline will also Inform the MEA employee that he/she has the right to consult MEA With regard to the disCiplinary action being taken. 60 . . B. The following procedures shall govern the meetings between MEA-represented employees and the Police Department Internal Affairs DIvIsion. These procedures only apply where the allegations pertaining to the MEA employee are of a non criminal nature. Allegations pertaIning to the MEA employee which Involve a criminal matter shall be governed by the procedure used by Internal Affairs to investigate criminal matters (1) Any time Internal Affairs requests to meet with the employee In the MEA bargaining unit, said employee shall be informed of his/her right to have an MEA representative present and, If the employee elects to be represented by MEA, he/she shall be provided with a reasonable amount of time to obtain such representatIOn. The employee's MEA representative may participate In the Interview of the employee by Internal Affairs. The MEA representative can adVise the MEA employee and provide any information which he/she believes to be relevant to the matter being investigated by Internal Affairs. The MEA employee will be entitled to make any statement for the record which he/she believes to be appropriate. All records pertaining to the subject of the interview Will be provided to the employee upon request. (2) If Internal Affairs audio and/or Video tapes the Interview of the MEA employee, the entire interview will be taped. The MEA employee and/or his/her representative may also tape the interview or may request that Internal Affairs provide the MEA employee with a copy of the interview tape. (3} No MEA employee Will involuntarily be subject to a polygraph examination. If the MEA employee agrees to a polygraph eXaminatIOn, a written consent form containing the employee's signature Will be required Said consent form Will also clearly state the employee's right to MEA representation. If the employee elects to be represented by MEA, he/she shall be provided With a reasonable amount of time to obtain such representation. However, the MEA representative Will not be allowed to be present In the exammatlon room during the actual administration of the polygraph examination. At the wntten request of the MEA employee, a copy of the polygraph examination results, along With any wntten report regarding the results of the eXamination, shall be prOVided to the MEA employee. 61 . . C. Last chance agreements In lieu of disciplinary action will only be used in substance abuse cases or In the case of performance problems where substance abuse has been Identlfred as a contributing factor. Section 6.08 Notification of New Hires It IS hereby agreed that the Personnel Department shall provide the MEA President with the name of each permanent employee whose job title entitles him/her to MEA representatIon as soon as IS practicable after hire or transfer. Section 6.09 Joint labor-ManaQement COl1ll11ittee A JOint labor-management committee shall be established for the purpose of discussing employer-employee relations Issues that should arise dUring the term of this Agreement. This committee will not discuss mandatory subjects of bargaining and will not make changes to this Agreement. Instead, this committee will attempt to resolve any labor-management problems and/or Issues that should arise dUring the term of this Agreement. The jOint labor-management committee shall be comprised of not more than SIX (6) MEA representatives and not more than three (3) representatives from the City's Personnel Department City representatives from other departments may be asked to attend on an ad hoc basIs should Issues anse that need their expertise and/or attention. The Personnel Director, or his/her desIgnee, shall serve as the ChaIrperson of the commIttee. ThiS committee shall meet not less than one (1) time per quarter dUring the City's fiscal year, with each meeting being held during the first month of each quarter. Meetings can be held more frequently on an as-needed basIs. Special meetings will be called by the committee Chairperson. MEA representatives can request special meetings by contacting the Chairperson, who will make a determination as to whether or not a special meeting IS warranted. 62 . . IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understandmg to be executed this .t) day of IkrPM J'~ 1996. MEA BARGAINING COMMITTEE: ~~~?::.r ~~ ~ Jwr?~ ~ellO Ennq'l:{ez '-- "an Arenbe'~ ~ c.~ fL ~~ Ken Ward ~ '--~ Edward R. Purcell Labor Consultant CITY OF SANTA MONICA ~, J~/m Jallll City Manager Attest: 1&-J-~J'1w City Cfurk - () lABORIMOUIMEAMOU 5/18/95 41 tsenLelva~ APPROVED AS TO FORM: ~-~~ Marsha Jon(!j Moutne City Attorney 63 . EXHIBIT A . MEA CLASSIFICATIONS ADMINISTRATIVE STAFF ASSISTANT AIRPORT ATTENDANT I AIRPORT NOISE/OPERATIONS COORDINATOR AIRPORT SECURITY GUARD ANIMAL CARE ATTENDANT ANIMAL CONTROL OFFICER ASPHALT CREW LEADER BUILDING INSPECTOR BUSINESS ASSISTANT BUYER CARPENTER CARPENTER CREW LEADER CEMETERY BUSINESS ASSISTANT CIRCULATION ASSISTANT CITV PROGRAMMING SPECIALIST CIVIL ENGINEERING DRAFTING TECHNICIAN COMMUNICATIONS OPERATOR I COMMUNICATIONS OPERATOR II COMMUNITY SERVICES OFFICER I COMMUNITY SERVICES OFFICER II CONCRETE CREW LEADER CONCRETE FINISHER CUSTODIAN I CUSTODIAN II ELECTRICIAN I ELECTRICIAN II ELECTRICIAN HELPER EMPLOYEE BENEFITS TECHNICIAN EMPLOYEE BENEFITS SPECIALIST ENVIRONMENTAL PROGRAMS TECHNICIAN EQUIPMENT OPERATOR I EQUIPMENT OPERATOR II EQUIPMENT OPERATOR III EVENT ATTENDANT II EVENT ATTENDANT III EVENT COORDINATOR FIELD INSPECTOR I FIELD INSPECTOR II FISCAL STAFF ASSISTANT I FISCAL STAFF ASSISTANT II FISCAL STAFF ASSISTANT III GRAFFITI REMOVAL TECHNICIAN G ROUNDSKEEPER GROUNDS MAINTENANCE WORKER HAZARDOUS MATERIALS TECHNICIAN HEAVY TRUCK DRIVER HOUSING APPLICATION ASSISTANT HOUSING SPECIALIST IDENTIFICATION TECHNICIAN I IDENTIFICATION TECHNICIAN II IRRIGATION TECHNICIAN JAILER LEAD HAZ-MA T TECHNICIAN LEAD PARKING METER REPAIRER LIBRARY ASSISTANT LIBRARY BUILDING TECHNICIAN LIBRARY INSPECTOR LICENSE INSPECTOR MAIL COURIER 1 MAINTENANCE CREW LEADER MAINTENANCE PROJECTS ASSISTANT MAINTENANCE WORKER I MAINTENANCE WORKER II MECHANIC I MECHANIC II MOTOR COACH CLEANER MOTOR SWEEPER OPERATOR PAINTER PAINTER CREW LEADER PARK RANGER PARKING CHECKER PARKING METER COLLECTOR PARKING METER REPAIRER PAYROLL TECHNICIAN PERMIT SPECIALIST PERSONNEL TECHNICIAN 64 . PIER & HARBOR GUARD PIPEFITTER PLANNING TECHNICIAN PLUMBER PLUMBER CREW LEADER POLICE OFFICER TRAINEE POLICE PROPERTY EVIDENCE CLERK POLICE RANGE/SUPPLY SPECIALIST PUBLIC WORKS INSPECTOR RECORDS MANAGEMENT COORDINA TOR RECYCLING CREW LEADER RECYCLING WORKER REFUSE ACCOUNT INSPECTOR REPROGRAPHICS SPECIALIST I REPROGRAPHICS SPECIALIST II RESOURCE EFFICIENCY INSPECTOR SANITATION COLLECTOR SANITATION TRUCK DRIVER SENIOR BUILDING AND HOUSING INSPECTOR SENIOR CIVIL ENGINEERING TECHNICIAN SENIOR ELECTRICAL INSPECTOR SENIOR GROUNDSKEEPER SENIOR IRRIGATION TECHNICIAN SENIOR PARKING METER COLLECTOR SENIOR PLUMBING/MECHANICAL INSPECTOR SENIOR PUBLIC WORKS INSPECTOR SENIOR TREE TRIMMER SEWER MAINTENANCE WORKER SIGN PAINTER STAFF ASSISTANT I STAFF ASSISTANT II STAFF ASSISTANT II - NON-TYPING STAFF ASSISTANT III STAFF ASSISTANT IV STOREKEEPER I STOREKEEPER II TECHNICAL SERVICES SPECIALIST TECHNICAL STAFF ASSISTANT TRAFFIC ENGINEERING TECHNICIAN . TRAFFIC PAINTER TRAFFIC SIGNAL TECHNICIAN TRANSFER STATION ASSISTANT TRANSCRIBER TYPIST TRANSPORTATION MANAGEMENT ASSISTANT TRANSPORTATION MECHANIC I TRANSPORTATION MECHANIC II TRANSPORTATION PROGRAM SPECIALIST TREE TRIMMER UNDERGROUND UTILITY LOCATOR UTILITIES BILLING SPECIALIST UTILITIES BILLING TECHNICIAN WAREHOUSE WORKER WASTEWATER CREW LEADER WATER LABORATORY TECHNICIAN WATER LEADER WATER METER READER WATER METER REPAIRER WATER PRODUCTION & TREATMENT PLANT OPERATOR WATER PRODUCTION & TREATMENT PLANT OPERATOR TRAINEE WELDER FABRICATOR ZONING INSPECTOR 65 . . EXHIBIT B CITY OF SANTA MONICA PERSONNEL BOARD PERSONNEL RULES & REGULATIONS TEMPORARY APPOINTMENTS To Implement Sections 2.04.350 and 2.04370 of the Santa MOnica Municipal Code, whIch pertain to temporary/acting appointments to posItIons In the classIfIed servIce, the Santa Monica Personnel Board adopted the follOWing rules and regulations: A temporaryfactmg appomtment of a regular employee can be made when: 1 ) a budgeted position has become vacant due to the vacation, sick leave or other temporary absence of the permanent incumbent In the equal or higher classificatIOn; or 2} there IS no valid eligible list for a vacant budgeted permanent POSition In an equal or higher classification. Should a temporary vacancy occur when an eligible list for a particular classification IS not available, the appointing authonty shall notify the Personnel Department. The Personnel Department shall post the vacancy for five (5) calendar days so that Interested employees may file an application. Temporary appointees will be selected from applicants for the pOSitIOn who have applications on file In the Personnel Department and who meet the minimum qualifications for the position. Applications shall be screened and revIewed for minimum qualifications before being made available to the appointing authority. The appointing authority shall select the temporary apPolntee(s) from the qualified applicants. The appointment shall be for a penod not to exceed sixty (60) days, subject to the approval of the DIrector of Personnel and the CIty Manager. AppOintments shall be reported to the Personnel Board at ItS next meeting. Subject to Personnel Board approval, temporary appointments may be renewed If necessary to complete the examination process or cover the absence of a permanent incumbent. The Board may disapprove any temporary appointment or renewal of any temporary appointment that It determines IS not Justified. Each renewal of a temporary appointment shall not exceed sixty (60) days. 66 . . EXHIBIT C AGENCY SHOP As long as MEA can demonstrate that It has a 70% membership (based on the number of MEA dues paYing members in comparison to the number of all filled MEA positions), the City agrees to grant MEA an Agency Shop provision Said Agency Shop provision shall be subject to the follOWing terms and conditions. (1) An employee working In a clasSIficatIon covered by thIs MOU shall, WIthin thIrty (30) calendar days of his/her employment, execute a payroll deduction authOrizatIOn form as furnished by MEA. and thereby either 1) become and remain a member in good standing In MEA; or 2) pay to MEA a monthly service representation fee in an amount not to exceed the standard initiation fee, periodic dues and general assessments of MEA dUring the term of this MOU. (2) Employees represented by MEA may elect MEA membershIp status or service fee payer status as they see fit and may change such status from one category to the other upon written notification to the City and MEA. If, at any time. MEA membership (which does not Include service fee payers} falls below 70% (based on the number of dues paying members of MEA in comparison to the number of filled MEA pOSitions), the Agency Shop prOVISion Will be discontinued and the obligation of MEA members to pay MEA dues and non-members to pay a service fee to MEA WIll cease as of the beginning of the next payroll penod. The Agency Shop prOVISion, however, Will be reinstated should MEA membership once more reach the required 70% level. Such reinstatement shall be effective With the next payroll period follOWing the determination that the 70% membership reqUirement has once more been met. (3) In the case of an employee who certifies he/she IS a member of a bona fide religIOn, body or sect whIch has histoncally held conSCIentiOUS objections to JOining or finanCially supporting public employee organizations, such employee shall execute a payroll deduction authOrization from as furnished by MEA, and thereby pay sums equal to the monthly servIce representation fee to a non- religiOUS, non-labor chantable fund, chosen by the employee from a list of at least three such funds which are exempt from taxation under Section 501 (c)(3) of the Internal Revenue Code. The list of funds shall be prOVided by the City, and shall be made up of funds for which the CIty offers payroll deductions. (3} The City and MEA shall JOintly notify all members of thiS unit that they are reqUired to pay dues or a service representation fee as a condition of thiS Section and that such amounts shall be automatically deducted from their paychecks. The religiOUS exemption and the employees' rights under Government Code Section 3502.5 (Meyers-Mlllas-Brown Act, as amended) shall also be explained. The cost of this communicatIon and the responsIbility for Its distribution shall be borne by MEA. 68 . . (4) It IS agreed that the City assumes no obligations to, In any manner, enforce the prOVIsions of the above paragraphs beyond Implementing any valid payroll deductIOn authonzations submitted by Unit employees authorizing the deduction of service fees or other authorized payments to MEA, or amounts In lieu of service fees to specified authoTlzed charities Enforcement of the payments that Unit employees are obligated to make under the above paragraphs shall be within the discretion and the sole responsibility of MEA by way of cIvil court action against such allegedly non-complYing Unit employee. (5) MEA shall, wlthm sixty (60} days after the end of Its fiscal year In which the Agency Shop provIsion was operative, provide the City with detailed fmanclal documentation, which shall meet the requirements of Government Code, SectIon 3502.5(dj. (6} It IS recognized that MEA, as the exclusive representative of all Unit employees, IS required to represent all Unit employees fairly and equally without regard to unIon membershIp or non-membershlp or theIr assertIon of rights under thIS MOU or the law. (7) Upon request by MEA, the City shall furnish MEA with the name and date of hire of all newly hired employees subject to thiS MOU, along with venficatlOn of transmittals to any charitable organizations. 69 . . NOTE: ThIS policy and procedure does not apply to as-needed employees hIred to fIll a temporary vacancy. The policy and procedures with regard to the hiring of as-needed employees would apply. Adopted by the Santa Monica Personnel Board at a special meeting on ~'8. 19: ~6b.irt Sullivan, Chairperson Santa Monrca Personnel Board 67 . . NOTE: ThIS policy and procedure does not apply to as-needed employees hired to fill a temporary vacancy. The pohcy and procedures with regard to the hiring of as-needed employees would apply Adopted by the Santa MOnica Personnel Board at a special meeting on December 8, 1994. Robert Sullivan, Chairperson Santa MOnica Personnel Board 67 . . EXHIBIT C AGENCY SHOP As long as MEA can demonstrate that It has a 70% membership (based on the number of MEA dues paYing members In comparison to the number of all filled MEA pOSitIOns), the City agrees to grant MEA an Agency Shop provIsion SaId Agency Shop prOVISion shall be subject to the follOWing terms and conditions: (1) An employee working In a claSSificatIOn covered by this MOU shall, wlthm thirty 130) calendar days of his/her employment, execute a payroll deduction authOrization form as furnished by MEA, and thereby either 1) become and remain a member In good standing In MEA, or 2) pay to MEA a monthly servIce representation fee In an amount not to exceed the standard mltlatlOn fee, periodiC dues and general assessments of MEA dunng the term of this MOU. (2) Employees represented by MEA may elect MEA membership status or service fee payer status as they see fit and may change such status from one category to the other upon written notification to the City and MEA. If, at any time, MEA membership (which does not mclude service fee payers) falls below 70% (based on the number of dues paYing members of MEA In comparison to the number of filled MEA POSitions), the Agency Shop prOVISion Will be discontinued and the obhgatlon of MEA members to pay MEA dues and non-members to pay a service fee to MEA will cease as of the beglnnmg of the next payroll penod The Agency Shop proVISion, however, Will be reinstated should MEA membershIp once more reach the reqUIred 70% level Such reinstatement shall be effective With the next payroll period follOWing the determination that the 70% membership requirement has once more been met (3) In the case of an employee who certIfIes he/she IS a member of a bona fide religIOn, body or sect which has historically held conSCientiOUS objections to jomlng or finanCially supporting public employee organizations, such employee shall execute a payroll deduction authOrization from as furnished by MEA, and thereby pay sums equal to the monthly service representation fee to a non- religiOUS, non-labor charitable fund, chosen by the employee from a list of at least three such funds which are exempt from taxation under Section 501 (c)(3} of the Internal Revenue Code The list of funds shall be prOVIded by the CIty, and shall be made up of funds for which the City offers payroll deductions (3) The City and MEA shall JOintly notify all members of thiS Unit that they are reqUired to pay dues or a service representation fee as a condition of thiS Section and that such amounts shall be automatically deducted from their paychecks The religIOUS exemption and the employees' rights under 68 . . EXHIBIT C AGENCY SHOP As long as MEA can demonstrate that It has a 70% membership (based on the number of MEA dues paYing members In comparison to the number of all filled MEA pOSItions), the CIty agrees to grant MEA an Agency Shop provIsion. Said Agency Shop prOVISion shall be subject to the following terms and conditions. (1) An employee working In a claSSification covered by this MOU shall, Within thirty {30\ calendar days of his/her employment, execute a payroll deduction authOrization form as furnished by MEA, and thereby either 1) become and remain a member In good standing In MEA; or 2) pay to MEA a monthly service representation fee In an amount not to exceed the standard Initiation fee, periodiC dues and general assessments of MEA during the term of this MOU. (2} Employees represented by MEA may elect MEA membership status or service fee payer status as they see fit and may change such status from one category to the other upon written notificatiOn to the City and MEA. If, at any time, MEA membership (which does not Include service fee payers) falls below 70% (based on the number of dues paYing members of MEA In companson to the number of filled MEA pOSitIOns), the Agency Shop prOVISion Will be discontinued and the obligation of MEA members to pay MEA dues and non-members to pay a service fee to MEA Will cease as of the beglnnmg of the next payroll period. The Agency Shop prOVISIOn, however, Will be reinstated should MEA membership once more reach the reqUired 70% level. Such rem statement shall be effective With the next payroll penod follOWing the determination that the 70% membershIp reqUirement has once more been met. (3) In the case of an employee who certifies he/she IS a member of a bona fide religIOn, body or sect which has hlstoncally held conSCientious objections to JOining or finanCially supportmg public employee organizatIons, such employee shall execute a payroll deduction authOrization from as furnished by MEA, and thereby pay sums equal to the monthly service representation fee to a non- religiOUS, non-labor chantable fund, chosen by the employee from a list of at least three such funds which are exempt from taxation under Section 501 (c)(3) of the _Internal Revenue Code The list of funds shall be prOVided by the City, and shall be made up of funds for which the City offers payroll deductIOns (3) The City and MEA shall JOIntly notify all members of thIS Unit that they are reqUired to pay dues or a service representation fee as a condition of thiS Section and that such amounts shall be automatIcally deducted from their paychecks. The religIOUS exemption and the employees' nghts under 68