R-9121
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RESOLUTION NO. 9121
(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
SUPERVISORY TEAM ASSOCIATES
WHEREAS, the CIty administration and representatIves of the Supervisory
Team Associates have met and conferred under the terms of Ordinance No 801 (CCS)
and have reached agreement on wages, hours and other terms and conditions of
employment, and
WHEREAS, SectIon 2.06 of Ordmance No 801 (CeS) of the CIty of
Santa MOnica requIres preparation of a written Memorandum of Understanding
between the administration and employees If an agreement can be reached; and
WHEREAS, Section 2.06 of Ordinance No. 801 ICCS) further provides
that any such Memorandum of Understandmg shall not be binding unless and until
presented to the governing body for determination, and
WHEREAS, the purpose of the Memorandum of Understanding IS to
promote and provIde harmonious relations, cooperatIOn, and understandmg between
the CIty and the Supervisory Team Associates;
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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 Supervisory Team Associates, 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:
~~~ .J.~1L-;r~~-ku
MARSHA J01kS MOUTRIE
City Attorney
(S(51996 r!lsl
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF SANTA MONICA, CALIFORNIA
AND
SUPERVISORY TEAM ASSOCIATES
TABLE OF CONTENTS
ARTICLE/SECTION NUMBER
ARTICL~ I: GENERAL FROVISIONS
1. 01
1. 02
1.03
1. 04
1. 05
1. 06
1 07
1. 08
1. 09
1.10
1.11
1.12
1.13
1.14
1 15
Partles to Memorandum.........
Purpose. . . . . . . . . . . . . . . . .
Term of Agreement ..................
City Counc~l Approval...............
Recognized Employee Assoclation Name.
Scope of Representation ...........
Full Understanding, Modlflcation, & Walver...
Management Rlghts Reserved.......... _. ......
Peaceful Performance of Clty Service......
Validlty of Memorandum of Understanding...
Captlons for Convenlence....... ......
Non-Dlscrimlnatlon and Equal Employment......
Deflni tlons. . . . . . . . . . . . . . . . . . . . . . . . . .
Overpayment Remedy...... .................
Payments at Terminatlon...... .............
ARTICLE II. COMPENSATION
2.01
2 02
2.03
2.04
2.05
2.06
Effectlve Date of Pay Increase...............
Salaries.. .............. .. ......... ......
Overtlme . . . . . . . . . . . . . . . . . . . . . . . .
Shlft Differentlal ...........
Skl11/Asslgnment Pay..................
Call-Back Pay....... . . . . . . . . . . . . . . .
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6
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7
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10
10
10
11
14
14
15
15
16
18
19
19
2.07
2.08
2 09
2.10
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Pay Rate on ApPolntment!Supervlsory
Dlfferentlal. . . . . . . . . . . . . . . . . . . . . _ . . . . .
Pay for Serving in Hlgher Job ClasSlflcatlon.
Bllingual Bonus... ...... ...............
Y - Ra t ~ng . .. ............ . . . . . . . . . . . . . . . .
ARTICLE III: SUPPLEMENTAL BENEFITS
3.01
3.02
3.03
3.04
3.05
3 06
3.07
3.08
3.09
Health Insurance Programs.... 25
Retirement. . . . . . . . . . . . . 27
TUltion Reimbursement............. 28
Deferred Compensatlon .............. 29
Unlform Allowance.... .......... 29
Mlleage Reimbursement & Energy
Conservation. . . . . . . . . . . . . . .. .. ...... ...... 30
Sick Leave Buy Back. . . . . . . . . . . . . . . . . . .. 31
Term Llfe Insurance ......... 32
Long Term Disabllity Insurance.......... 33
ARTICLE IV: LEAVES
4.01
4.02
4.03
4.04
4 05
4 06
4.07
4.08
4 09
4.10
4 11
Paid Holidays... ...........
Vacatlon Leave.. . . . .. . ...............
Sick Leave........... . . . . . . . . . .
Leave of Absence without Pay... .............
Military Leave. . . . . . . . .. ..... ..............
Workers r Compensatlon Leave.. . . . . . . .
Bereavement Leave. ... ... .....
Jury Duty. . . ... . . . . . . . . . . . . . . . . . . .
Parental Leave...... . . . . . . . . . . . . . . .
Supervisory Leave..... ........ ........
Family Leave.. . . . . . . . . . . . . . . . . . .
ARTICLE V: WORK~NG CONDITIONS
5.01
5 02
5 03
Safety & Loss Prevention. ........... ........
Employee Parking.............
Effect of Job Performance on Salary..
2
20
22
23
24
34
36
37
38
39
39
39
39
40
41
42
43
44
44
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5 04 Effect of Reassignment/Recertiflcatlon on
Bonus/Sk~ll Pay ............. . . . . . .. 45
5.05 Supervlsory 'Training. . . . . . . . . 45
5.06 Work Schedules. . . . . . . . . . . . 46
5.07 Promotlon... . . . . . . . . . . . 47
5.08 Probationary Perlod.. ................ 47
5 . 0 9 La yo f f s . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8
ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS
6 01
6.02
6.03
6.04
Payroll Deductlons...... ............. ...
Reasonable Notice............................
Tlme Off for Associatlon BUSlness.. .......
Grlevance & Complaint Policy. . . . . . . .
49
49
50
50
EXHIBIT "A"..... .......
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ARTICLE I GENERAL PROVISIONS
1.01 Partles to Memorandum
Th1S memorandum of understand1ng has been prepared
pursuant to the terms of Ordinance 801 (CCS) of ~he City
of Santa Monica, Wh1ch Ordlnance lS hereby lncorporated by
reference as if fully set forth herein, and has been
executed by the Clty Manager on behalf of management
offlclals of the Clty and by the Supervlsory Team
Association (STA) , and on behalf of employees OccupYlng
the line-ltem full and part-tlme employment posltlon
classlflcatlons set forth ln Exhlblt A which lS attached
hereto and made a part hereof
As of July 1, 1990, the followlng poslt1on classifications
will no longer be represented by STA. However, an
lncumbent ln any of these classlflcations as of June 30,
1990 wll1 be "grandfathered" ln that he/she wll1 contlnue
to recelve STA beneflts, as set forth 1n thlS Agreement
and any subsequent Agreements, as long as he/she contlnues
to hold the position classlflcatlon in questlon. Whenever
one of the affected position classlflcations becomes
vacant, the new lncumbent wll1 recelve the benefits
provided by the Memorandum of Understanding representlng
that posltlon classificatlon as of July 1, 1990.
Concrete Crew Leader
Event Attendant III
Senlor Accountant
Sen10r Parklng Meter Collector
Storekeeper II
Water Leader
As of July 1, 1993, the posltion clasSlflcatlon of Flre
Prevention Englneer (reclassifled to Asslstant Flre
Marshal as of January 1, 1997) wll1 no longer be
represented by STA. However, the lncumbent In that
classification as of June 30, 1993 wll1 be "grandparented"
ln that he/she will contlnue to recelve STA benefits, as
set forth ln thlS agreement and any subsequent agreements,
as long as he/she contlnues to hold the positlon
classlflcation in questlon. If the posltlon of Flre
Preventlon Engineer becomes vacant, the new lncumbent wll1
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receive the beneflts provlded by the Memorandurr of
Understandlng representing that posltlon classlflcatlon as
of July 1, :993.
As of July 1, 1995, the posltlon classiflcatlon of Clvil
Englneer wi:l no longer be represented by STA. However,
each lncumbent In the positlon classlflca::lon of CiVl1
Engineer as of the date on whlch thlS agreement was signed
by the Clty and STA will be "grandparented" ln STA 1:: that
he/she will continue to recelve STA benefits, as set forth
ln this agreement and any subsequent agreements, as long
as he/she contlnues to hold the posltion classlflcatlon of
civlI Englneer. In additlon, the salary range whlch was
in effect as of June 30, 1995 for the C1Vl1 Englneer
positlon classiflcation represented by STA wlll be
retalned for those employees holding a positlon in the
posltion classiflcatlon of Clvil Englneer who have been
"grandparented" ln STAr and any general cost of 11ving
adjustments implemented for all employees represented by
STA shall be applied to that salary range. If one of the
"grandparented" C1Vl1 Engineer positions becomes vacant,
the new incumbent will recelve the beneflts provided by
the Memorandum of Understanding representlng that posltlon
classiflcatlon as of July 1, 1993.
As of January 1, 1996, the posltion classiflcation of
BUllding and Safety Operatlons Supervisor (reclasslfled to
GIS Data speclalist) will no longer be represented by STA.
However, the lncumbent in that posltion claSSlflcatlon
shall be "grandparented" lr. STA in that he wll1 continue
to rece~ve STA benefits, as set forth ln thls agreement
and any subsequent agreements, as long as he contlnues to
hold the posltlon classlflcatlon of GIS Data SpeClallst.
If the GIS Data Specialist posltion becomes vacant or lf
additlonal GIS Data Specialist posltion(s) are budgeted,
the new lncumbent(s) will recelve the beneflts provided by
the Memorandum of understanding representing that posltion
classlficatlon.
In the event new Job classlfications are created which are
proposed to be added to the STA un~t, the Municlpal
Employee Relations Officer will notify STA prior to the
Personnel Board and City Council conslderations of the new
classiflcations. Any claSSiflcatlons proposed to be added
to the UDlt shall be agreed upon lD wrlting and wlll
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1. 02
1. 03
1. 04
1.05
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become effective upon executlon by the Preslden~ or STA
and the Munlclpal Employee Relatlons Offlcer.
Purpose
The partles agree that the purpose of this MOU lS: to
promote and provlde harmonlous relations, coopera~lon and
understandlng between the City and the employees covered
hereln; to provide an orderly and equitable means of
resolving differences whlch may arise under thlS
memorandum; and to set forth the full agreements of the
parties reached as a result of meeting and conferring ln
good faith regardlng matters withln the scope of
representatlon for employees represented by STA.
Term of Agreement
ThlS agreement shall be effective as of the 1st day of
July 1996 and shall remain In full force and effect unt~l
the 30th day of June 1997. It shall be automatically
renewed fro~ year to year thereafter, unless either party
shall notlfy the other ln wrltlng not later than March 1
of each year that it deslres to termlnate or modlfy this
agreement, and speclfically lndlcates req~ested
modiflcations. In the event that such notice is glven,
negotlations shall begln no later than Aprl1 1 with a
signed contract deslred July 1
City Councll Approval
ThlS MOD lS of no force or effect whatsoever unless or
untl1 ratlfied and approved by resolutlon duly adopted by
the City Councl1 of the Clty of Santa Monlca
Recognlzed Employee ASSoclatlon Nane
The STA is hereby acknowledged as the Recognized Employee
organlzation representlng only the permanent 11ne-item
employment positlon classiflcatlons set forth ln Exhibit
A (whlch lS attached hereto and made a part hereof)
pursuant to Section 3 04 (c) of Ordlnance 801 (CCS) . It
is the mutual understandlng of the parties hereto that
acknowledgment of the STA as the recognlzed employee
organizatlon.
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A.
Does not preclude employees
position classificatlons
themselves indlvldually ln
relat~ons with the Clty.
ln such employment
from representlng
thelr employment
B _ Does not preclude or restrict the rlght of
management offic~als to meet and consult w~th
employees ln such employment posltlon
classlflcatlons concern~ng thelr employmen~
relatlons wlth the Clty.
Scope of Representatlon
The scope of representatlon of the recognlzed employee
organization shall lnclude all matters relatlng to
employment conditlons and employer-employee relations
lncluding, but not 11mited to, wages, hours, and other
terms and condltlons of employment, except, however, that
the scope of representation shall not lnclude
conslderatlon of the merlts, necesslty, or organizatlon of
any servlce or actlvity provided by law or executive order
and that the scope of representatlon shall be exerclsed or
performed in compliance with the provislons of Ordinance
801 (eeS)
Full Understandlng, Modlflcatlon and waiver
The partles agree that each has had full and unrestrlcted
right and opportunlty to make, advance, and discuss all
matters properly wlthin the scope of representatlon as
outllned ln Section 2.05 of Ordlnance 801 (CCS). Thls MOD
constltutes the full and complete agreement of the parties
and there are no others, oral or wr~tten, except as
speclfied in thlS Agreement or the attachments hereto. The
partles are not bound by any past practlces or
understandlngs of elther party unless such past practlces
or understandlngs are speclfically stated ln thlS MOD
except that prOV1Slons or condltlons not speclflcally
changed ln this or previous MOD's shall be as prescribed
by the clvil serVlce provls1ons of the Santa Monlca City
Charter and the Santa Monica Munlclpal Code. Each party,
for the term of this MOD, speclflcally waives the right to
demand or petitlon for changes hereln, whether or not the
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sUbJects were known to the partles at
execution hereof as proper subJects wlthln
representatlon as outllned In Sectlon 2.05
801 (CCS).
the tlme of
the scope of
of Ordlnance
Management Rlghts Reserved
The C~ty retains all rlghts not speciflcally delegated by
this Agreewent, lncluding, but not llmlted to, the
excluslve rlght to:
A.
hire, promote,
transfer, asslgn,
suspend,
schedule,
Dlrect, supervlse,
dlsclpllne, discharge,
and retaln employees.
B. Relleve employees from dutles because of lack of
work or funds, or under conditions where contlnued
work would be inefflclent or nonproductlve.
C. Determine services to be rendered, operatlons to be
performed, utlllzation of technology, and overall
budgetary matters.
D. Determine the approprlate Job classiflcatlons and
personnel by WhlCh government operatlons are to be
conducted.
E. Determine the overall mission of the unlt of
government.
F.
Maintaln and lmprove the efflclency
effectlveness of government operatlons
and
G Take any necessary actlons to carry out the misslon
of an agency ln sltuatlons of emergency.
H. Take whatever other actlons may be necessary to
carry out the wishes of the public not otherWlse
specified above or by collectlve agreement
Peaceful Performance of Clty Service
It lS mutually understood and agreed that partlcipatlon by
any employee ln a strlke or a concerted work stoppage
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terminates ~he employment relatlonship In the absence of
speclfic wrltten walver of such termlnatlon by an
authorlzed management offlclal
A. It lS further understood and agreed that none of the
parties hereto wlll partlclpate in, encourage,
asslst or condone any strlke, concerted work
stoppage, cessation of work, slow-down, slt-down,
stay-away, plcketlng or any other form of
lnterference wlth or limltatlon of the peaceful
performance of Clty services.
B. In the event that there occurs any strike, concerted
work stoppage, cessation of work, slow-down, Slt
down, stay-away, plcketing or any other form of
lnterference wlth or llmltation of the peaceful
performance of Clty services, the City, In additlon
to any other lawful remedles, or dlsclpllnary
actlons, may by actlon of the City Manager cancel
any or all payroll deductlons, prohlblt the use of
bulletin boards, prohlblt the use of Clty
facllltles, and prohibit access to former work or
duty statlons.
C. Neither the employee organlzatlon, nor any person
acting in concert with them, wll1 cause, sanctlOn,
or take part In any strlke, walk-out, slt-down,
slow-down, stoppage of work, picketlng, retarding of
work, abnormal absenteelsm, wlthholding of serVlces,
or any other lnterference wlth the normal work
routlne. The provlslons of thlS article shall apply
for the same term as thls Agreement, or durlng any
renewal or extensl0n thereof. Violatlon of any
provlslon of this MOD by the recognlzed employee
organizatlon shall be cause for the City, at its
sole option, to termlnate this Agreement ln addltion
to whatever other remedles may be to the Clty at law
or ln equity.
D. The City agrees that there shall be no general
lockout of bargalnlng unit members.
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1.11
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Valldlty of Memoranduw of Understandlng
If any provlsion of thlS MOU is determlned to be lnvalld
or illegal by a court of competent Jurlsdlction, then such
provision shall be severed from thlS MOU, but the
remainder hereof shall remaln ln full force and effect.
Such lllegal or invalld section shall be Substltuted with
a benefit of equal value or worth, with the partles hereto
to lmmedlately commence to negotlate for the purpose of
replacing any such invalld or illegal provls10n.
Should any change be made ln any federal or state law, or
in any rules and regulatlons lmplementing such
leglslation, or ln any City Charter provlslon or Santa
Monlca Municipal Code provislon which would be appllcable
and contrary to any provision herein contained, then such
provision of thlS MOU shall be automatlcally termlnated,
but the remainder of this MOU shall remain in full force
and effect. Such legislation and/or rules and regulatlons
shall supersede thlS MOU and appllcable clauses shall be
Substltuted for those ruled lnvalid or lllegal. The
partles hereto shall immedlately commence to negotlate for
the purpose of replacing any such lnvalld or 11legal
provls1on.
Captlons for Convenlence
The captions hereln are for convenience only and are not
a part of thls MOU and do not in any way limlt, define, or
ampllfy the terms and provislons hereof.
Non-Dlscrlminatlon and Equal Employment
It lS agreed by both partles to thlS MOU that supervlsors
play a special role in achleving equal opportunlty ln
selectlng, tralnlng, promoting, and dlsclplinlng
employees. The partles hereto wll1 work ln partnership
with the Personnel Department to ensure full compliance
with the letter and splrit of all appllcable local, state,
and federal laws, rules and regulatlons governlng equal
opportunlty and with the Afflrmatlve Actl0n Program and
Sexual Harassment Policy of the City of Santa Monlca which
are incorporated by reference hereln. Both parties
acknowledge that progress ln meetlng afflrmatlve actlon
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goals and the malntenance of a harassment-free work
environment are approprlate lndicators of performance of
an employee subject to thlS MOU. Both partl€S agree to
abide by the requirements 0:: the Amerlcans Wlth
Dlsabilities Act (ADA).
Deflnltlons
The followlng deflnltlons are to be applled ln the
lnterpretatlon of this MOU:
A.
"salary Range" shall mean the normal flve step
E) hourly or monthly pay scale (and the
equivalent) asslgned to each employment
classlflcatlon Wlthln the City work force.
(A through
bl-weekly
positlon
B. "Salary Range Steps A through E for each employment
position classlflcation within the City work force" shall
mean and be establlshed to bear the followlng percentage
relationship to Salary Range Step E computed to the
nearest dollar. Normal progresslon through the range
toward E-step shall be ln annual step increments
contlngent on satisfactory serVlce.
Step A - 81% of Step E
Step B - 85% of Step E
Step C - 90% of Step E
Step D - 95% of Step E
Step E - 100%
c. "Nearest Dollar" shall mean the next lower dollar when the
computed amount 1S 50 cents or less and the next higher
dollar when the computed amount is 51 cents or more
D. "Llne-item positlon" shall mean a position whlch is
(1) specifically ltemlzed in the personnel schedule of
the annual budget of the City of Santa Monlca and
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(2) ellg1ble to accumulate vacatlon, slck leave and
other tlme off ln proportion to the percentage of
the full-time forty (40) hour week. Other frlnge
benef~ts shall be provlded to part-tlme employees
covered hereunder as lf they were employed on a
full-time bas~s.
E. "Permanent Employees" shall mean
(1) A person who lS legally an lncumbent of a l~ne-ltew
posltlon, full or part-t~me, or
(2)
A former incumbent of a line-ltem
authorized leave of absence from
budgeted position, which posltlon is
the employee's return.
posltlon on
a regularly
held pend1ng
The term "permanent employee" shall not be construed to
imply a guarantee of continued employment However, no
permanent employee shall be denied the rlght to those due
process protectlons approprlate to hls/her status under
the Mun~clpal Code and City Charter and applicable State
law
F. "Date of Entrance Annlversary" shall mean the date whlch
recurs annually after the date of entry lnto a posltlon in
the classifled servlce of the City of Santa Monica, either
by or~glnal employment, re-employment or promotlon. The
date of entrance for employees with broken serVlce shall
be consldered as the date on whlch the last unbroken
service was effectlve.
G. "Satisfactory SerVlce" shall mean the attainment of an
overall ratlng not less than "Satisfactory" on the
performance report assoclated wlth the employee's most
recent date of entrance annlversary
H "Full-Time Work Week" shall mean forty (40) hours w~thln
the seven (7) consecutlve day perlod establlshed as the
work week for the affected employee(s)
(1) Incumbents of line-ltem positions employed in a work
week less than that deflned as the full-tlme work
week shall be compensated ln that proportlon of the
compensatlon for full-tlme employment as the number
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of hours budgeted for that posltlon bears to the
full-tlme work week, compensatlon shall lnclude base
salary, deferred compensatlon and any other bonuses
or skll1 pays provided by this Agreement Incumbents
of 11ne-item posltlons employed ln a work week
greater than that defined as the full tlrne work week
shall be compensated for hours ln excess of the
full-tlme work week on the baS1S of and in
accordance wlth the provisions of the artlcle hereof
relatlng to overtlme.
(2) Incumbents of 11ne-item positlons regularly working
less than the full-time work week shall accrue
vacation, slck leave and other tlme off ln the same
ratio as the average number of hours they work per
week lS to the full-tlme work week for the posltion
occupied. Other frlnge benefits shall be provlded
to part-time employees covered hereunder as if they
were employed on a full-tlme basls.
I "Pay" shall mean compensation for regular hours worked,
sick leave, vacatlon, bereavement leave, holidays,
supervlsory leave days, compensatory tlme off and/or Jury
duty.
J. "In Pay Status" shall mean earnlng pay.
K. "Completed Calendar Month of Service" shall mean a
calendar month ln which an employee has been ln pay status
for eleven or more worklng days.
L. "~lorking Day" as used ln the sectlon of thls Agreement
pertainlng to vacatlon accrual (Section 4 02) and slck
leave accrual (Section 4.03) shall mean elght (8) hours.
M "Compressed Work Schedule" shall mean a work schedule ln
whlch a full-tlme employee ~s asslgned to work a total of
elghty (80) regularly scheduled work hours ln nine (9), or
less, days ln a given two-week (1 e., two work week)
period.
N. "Service Date" shall be the employee's most recent date of
employment as a permanent employee wlth the City of Santa
Monica Unless prohiblted by the Famlly Medical Leave
Act, or similar state and/or federal legl.slatlon, the
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employee 'S serVlce date shall be adJusted for unpa1Cl
leaves of absence whlch exceed thlrty (30) calendar days,
w~th the employee's serVlce date belng 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 lS rehired within twelve months, the break in serVlce
between the last date of employment and the date on whlch
the employee lS rehired wll1 be treated as an unpald leave
of absence for the purpose of establishlng the employee's
serVlce date with the Clty.
Overpayment Remedy
Permanent employees covered herein shall relmburse the
Ci ty for any overpayment of wages or benef i ts. Sald
relmbursement shall not be requlred unt11 the Clty
notifles the affected employee ln wrltlng. Reimbursement
may be accompl~shed by a lump-sum deduction made on the
next subsequent employee payroll warrant followlng
overpayment notlflcation, or by other reasonable
re-payment method mutually acceptable to the employee and
the City, except that the lump-sum deduction shall be
required if the next subsequent employee payroll warrant
is the flnal or termination warrant lssued to the affected
employee.
Payments at Terminatlon
When permanent employees covered hereunder leave the
serVlce of the Clty of Santa Monlca they shall be entitled
to a lump sum payoff of vacatlon leave, unused Supervlsory
Leave days and unused accrued compensatory tlme only. No
clalm shall be made agalnst the Clty for the use or
payment of unused sick leave or other leave days, nor
shall the effectlve date of term~natlon be extended by the
use of compensatory tlme, sick leave, vacatlon or other
leave days.
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2.01
ARTICLE II: COMPENSATION
2.02
Effective Date of Pay Increase
Notwlthstandlng any other provislon contalned hereln,
changes ln salary range and salary-related beneflt changes
provided hereln shall become effective on the flrst day of
the payroll period closest to the effectlve date stated
hereln. If the effectlve date stated hereln falls on the
Sunday ln the mlddle of a pay perlod, the effective date
shall be the flrst day of the followlng payroll period.
Salarles
Salaries of Clty employees In line-ltem posltions shall be
on a monthly rate, pald on a bi-weekly equivalent basis.
In lleu of the bl-weekly equivalent to a monthly rate, the
City Manager may flX the compensation of any position at
an hourly rate In posltlons for which the work week is
forty (40) hours, the hourly rate shall be determined by
divldlng the bl-weekly rate by 80.
A.
Effective July 1,
employees covered
two percent (2%)
1996, the E-step salarles of
hereunder shall be lncreased by
In addltion, for purposes of lmplementing
Subsec::lon A of Sectlon 2.07 (Pay Rate on
Appolntment/Supervisory Differentlal). the E-step
salary establlshed for the Job clasSlflcation of
Storekeeper II will be set at $3,281 as of June 30,
1996 The two percent (2%) salary adJustment,
descrlbed above, will then be applled to thlS E-step
salary.
B. A glven classlflcation covered by this MOD wll1 be
ellglble to receive an equlty adjustment provlding
that the compensation study conducted by the Clty of
Santa Monica substantlates the need for an equlty
adJustment to bring the salary range of that
classlflcatlon ln 11ne with the mean salary pald to
the same classiflcation found in comparable clties.
The City will be wllllng to recelve and evaluate any
salary comparlson data that STA mlght want to make
available regardlng an equity adJustment for a glven
classificatlon. Should a compensatlon study lndlcate
15
2.03
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that a given Job classlflcatlon lS currently belng
pa~d above the mean salary pald to the same
classlficat~on found In comparable cltles, the
salary range of that classlf::.catlon wlIl remaln
unchanged. Internal equlty factors wlII also be
taken lnto consideratlon, as deemed appropr1ate by
the City, when determlnlng whether or not an equ::.ty
adjustment for a glven claSSlflcatlon lS warranted.
EqUlty adjustments descrlbed here1n wlII be
considered on an annual basls, elther as a part of
the annual budget process if no MOD negotlatlons
should be occurrlng durlng the year or as a part of
the MOD negotlatlons process should the MOU be up
for negotlatlon.
Overtlme
For employees holding a budgeted line-item posltlon In a
job classlflcation covered by thlS agreement, the
followlng overtlme provisions will apply:
Overtlme for full-time permanent employees shall mean work
in excess of the employee's regularly scheduled work day
or ln excess of forty (40) hours ln one (1) week.
OVertlme for permanent part-tlme employees who regularly
work less than elght (8) hours in one (1) day and forty
(40) hours in one (1) week shall mean work ln excess of
eight (8) hours in one (1) day or forty (40) hours ln one
(1) week. Overtlme hours must have the prlor approval of
an authorlzed management offlclal.
For the purpose of calculating overtlme, dlscretionary
pald tlme off, defined as vacatlon, personal leave (MOD
days), floatlng holldays and/or compensatory time off,
shall not count towards the forty (40) hours Non-
dlscretionary pald tlme off, deflned as all other pald
leave tlme, shall count towards the forty (40) hours.
In addition, lf an employee lS required to work on a
hollday observed by the employee's department or divislon,
as speclfied in Section 4.01, the employee shall be pa1d
overtlme for all hours worked on the hollday in addltlon
to hol~day pay. If the employee works on an authorlzed
holiday, the actual number of hours worked on the hollday
shall count towards the forty (40) hours for the purpose
16
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of calculatlng overtlme for the work week. In the event
a Communlcatlons Management Supervlsor or Communlcatlons
Center SUpervlsor is requlred to work overtlme on an
emergency basls, all paid leave tlme shall count towards
the forty (40) hours.
For employees covered hereln who hold permanent positlons
at the Llbrary, the full tlMe work week shall be deflned
as forty (40) hours, Monday through Saturday, as scheduled
by the City Llbrarlan or hls/her deslgnated
representatlve. Overtlme shall be pald for hours worked
on Sunday. It lS the intent of the Clty to assign Sunday
work on a volunteer basls. However, ln the event there
are not enough volunteers to staff the Sunday work at the
Library, the work wl11 be assigned on an equitable baS1S
among employees.
All authorlzed overtime shall be compensated wlth cash
payment based upon one and one-half (1-1!2) tlmes the
hourly rate equivalent of the employee's monthly salary
computed to the nearest one-tenth of an hour. Instead of
cash payment, an authorlzed management departmental
offlclal may grant compensatory time off at the rate of
one and one-half (1-1/2) hours off for such overtlme
provlded that such compensatory tlme off can be granted
wlthln the fiscal year in whlch 1 t is earned. If
compensatory tlme lS accrued and no~ taken by June 30 of
any flscal year, it wll1 be paid to the employee at the
rate earned
There shall be a reasonable effort to dlstrlbute overtime
equltably among employees in the appllcable Job
classlficatlon ln an operatlonal work group Additlonal
work asslgned to an employee, permanent or temporary (as-
needed), WhlCh brings the employee's total work hours to
forty (40) hours for the work week wl11 not be consldered
an overtlme asslgnment under thlS provlsion If an
employee believes he/she has been improperly denled
overtlme assignments, such clalms may be processed through
the grievance procedure.
In order to supplement elght (8) hours of pald leave tlme
for a regularly scheduled work day comprised of more than
elght (8) hours, the employee wlll have the option of
working the addltional tlme requlred, on a stralght-tlme
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2.04
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baS1S, durlng the applicable seven-day work week, ln order
to recelve a full day's pay far the day in question. Pald
leave time would lnclude vacation, s~ck leave or personal
leave days.
In no event may an employee's work
avoid the payment of overtlme
lnltlates the schedule change.
schedule be changed to
unless the employee
Shlft Differential
Permanent employees covered hereln shall recel ve Shlft
differentlal as follows
A. Seventy-Flve cents ($.75) per hour for all hours
worked on the shlft 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 C, D, and E below.
B. Nlnety cents ($.90) per hour for all hours worked on
a shift for employees whose regular schedule
requlres the employee to work at least four hours
between 12.00 Midnight and 7:00 am, subJect to C,
D, and E below.
c. If any employee quallfies under both A and B above,
prOV1Slon B shall apply.
D. Shift dlfferentials are not appllcable when the
scheduled work hours are compensated as overtime
E. Shift dlfferentlals are not appllcable when the
employee lS working the above hours as part of a
"split shift." "Split shlft" is deflned as: a shlft
of elght (8) or more hours ln a single day,
separated by a break of at least three (3)
non-worklng hours durlng the Shlft. Such employees
shall be pald the appllcable Shlft differential,
establlshed in A or B above, only for the hours
actually worked on that shift.
F If, during the term of thlS MOD, a higher shlft
dlfferentlal lS provided by the Clty Councl1 to any
bargalning unlt of employees subordlnate to
18
2.05
2.06
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superVlsors coverea nerein, employees covered herelD
shall rece1ve the hlgher rate
Skll1/Assignment Pay
The following prOV1Sl0ns exist for added payment for
special skills or work asslgnments
A. Realstration bv State of Callfornia CiVl1
Engineers receive an addltlonal $50 00 per month
above thelr base rate lf they recelve offlclal
reglstratlon by the State of Callfornla. Such
reglstration must be maintalned by the employees and
supplemented by regular, at least annual, courses ln
the englneering fleld of study or the bonus will be
stopped as of July of the next fiscal year
Courses must be taken on the employees' own tlmej
however, courses WhlCh wlII enable the employees to
meet this requlrement are subject to TUltlon
Reimbursement
B. ICBO Certificates -- B~llding and Safety Operatlons
superVlsors recelve an additional $50 00 per month
lf they recelve an Internat~onal Conference of
BUlldlng Offlc1als Certificate as a comblnation
lnspector. Employees receivlng such cert1flcation
must malntaln certlflcatlon to contlnue to quallfy
for the bonus. Further, thlS must be supplemented by
annual courses ln the appllcable area of study or
the bonus wll1 be stopped as of July 1 of the next
flscal year. Courses must be taken on the employees'
own tlme; however, courses which enable the
employees to meet thlS requlrement are subj ect to
Tuition Relmbursement.
Call-Back Pay
A. Should the Clty call back any full-tlme employee
after his/her normal worklng hours to perform work,
the Cl ty shall pay the employee the approprlate
overtime compensation but not less than a mlnlmum of
three (3) hours pay regardless of tlme actually
19
2.07
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worked as a result of belng called back to work to
perform serVlces for the City.
B. Should an employee ln the Pollce Department receive
an authorized telephone call durlng hls/her off-duty
hours for purposes of gaining lnformation or dOlng
other work, sald employee shall be entltled to
compensatlon at the mlnimum of one-half hour at the
appropriate overtlme rate. Phone calls w~ll be
compensated in quarter hour increments after the
minlmum of 30 mlnutes has been met Authorlzed
calls shall be def~ned as any calls made by or
authorlzed by the Watch Commander on duty at the
time of the call.
Pay Rate on Appolntment/Supervisory Dlfferential
A. During the life of this MOU, supervisors covered
herein shall malntaln a differential ln pay over
their subordinate employees. The different1-al for
all superVlsors who hold pos1tions 1n job
classiflcatlons represented by STA as of the end of
FY92- 93, except Motor Coach Supervisors. shall be
determlned by settlng the E-step salary for the
supervisory job class~flcation at a level whlch
provldes at least flfteen percent (15%) more than
the E-step salary of the Job classlflcatlon of their
highest pald subordlnate. The dlfferential for Motor
Coach Supervisors shall be determined by settlng the
E-step hourly rate at that level whlch, when the
seven percent (7%) PERS contrlbutlon lS added,
provldes at least a twenty percent (20%)
differentlal over the E-step hourly rate for Motor
Coach Operators; except that the affected superVlsor
must have on file a current performance ratlng of
SATISFACTORY OR BETTER to qualify for the term of
th1S sect~on. The dlfferentlal for superVlsors who
hold posltlons ln Job classlficat10ns not
represented by STA as of June 30, 1993 shall be
determined by settlng the E-step salary for the
supervisory Job classlflcation at a level which
provides at least ten percent (10%) more than the
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E-step salary of the Job class1ficat1on of the1r
highest paid subordlnate. The differential for
lncumbents hold~ng a posltlon ln the Job
classification of Senlor Civll Engineer will be at
least ten percent (10%) more than the E-step salary
establlshed for the Job classlflcation of C1V1I
Englneer represented by the Adminlstrative Team
Assoclates (ATA) , not the Clvil Engineer job
classiflcation WhlCh contlnues to be represented by
STA.
B. A supervlsory dlfferentlal of 2.7% shall be pald to
employees covered hereln who are ass1gned to
regularly supervise other employees ln the same job
classiflcation and who are not covered under the
terms of the sect10n of thlS MOD coverlng pay for
serving In a hlgher classification. Subsectlons A
and D shall not apply whenever an employee covered
hereln is assigned to regularly superVlse other
employees ln the same Job classlflcatlon.
c. In the event that the rate of pay being received by
an employee being appointed on promotlon to a
classlflcation covered by th1S MOD lS equal to or
greater than the entrance salary of the new
posltion, the employee's salary shall be increased
to that salary step for hls/her new Job
classificatlon WhlCh provldes a mlnlmum flve percent
(5%/ salary lncrease, except as provlded ln D or E
below.
A reclasslflcation of a permanent employee covered
hereln to a hlgher level job ClaSSlflCation will be
considered a promotion and the employee 1 s salary
shall be lncreased to ~he hlgher salary rate In the
new classlficatlon whlch provldes a mlnlmum of flve
(5) percent salary increase, provided, however, that
in no event shall the salary rate exceed the maXlmum
salary rate for the new classiflcation, except as
provlded in C or D below.
D In any event, an employee belng appolnted to a
position classification covered by thlS MOD shall be
21
2.08
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placed at the step In ;;:he pay range for ::he Job
class which provldes not less than five percent (5%)
more than the h::.ghest rate belng pa~d ",0
subordinates.
E. In no event may an employee's pay rate exceed the
establlshed E-step for the job classiflcation
Pay for Servlng in a Higher Job Classlficatlon
When, ln the determinatlon of the department head, it lS
necessary to specifically asslgn an employee the
significant duties and responslbllities of a hlghe~
classlflcatlon, the employee so ass~gned shall be
compensated as follows.
A. If the asslgnment is temporary due to the vacatlon,
sick leave or other temporary absence of the
employee ln the hlgher classiflcatlon, the employee
temporarlly asslgned shall be pald at the rate of
seventy flve cents ($0 75) per hour for all such
hours asslgned after the employee works a mlnlmum of
two (2) consecutlve work days In the hlgher
classlflcation asslgnment, wlth payment retroactlve
to the flrst day. The Clty shall not rotate
employees in and out of higher position
classlficatlon assignments lTI order to avold paYlng
said compensation
If the temporary asslgnment should last a m1nimum of
fourteen (14) consecutive work days, the employee
temporarl1y ass~gned shall receive the salary rate
for the vacant Job classiflcation at the lowest
salary step WhlCh provldes a minlmum flve percent
(5%) salary lncreased, provided, however, in no
event shall the salary rate exceed the maximum
salary rate for the vacant classificatlon be::.ng
filled by the employee on a temporary basls. Said
lncrease shall be retroactlve to the flrst day wlth
the employee reimbursing the Clty for any addltlonal
payment rece~ved under paragraph one (1) above. In
no event shall the employee who has been given the
22
2.09
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temporary asslgnment recelve less than sevency-flve
cents ($0.75) per hour.
B If the posltlon to be fllled lS vacant and there lS
no valid el~glble 11St for the clasSlflcatlon, the
Department Head may asslgn an employee who meets the
mlnimum quallficatlons of the vacant posltlon to
flll the posltlon on a temporary detal1 (actlng)
basls. The employee shall receive the salary rate
for the vacant classiflcatlon at the lowest salary
step whlch provides an increase of at least flve
percent (5%) over his/her current salary, provided,
however, in no event shall the salary rate exceed
the maXlmum salary rate for the vacant
classiflcation belng fllled by the employee on a
temporary basls. If an ellgible llst eXlsts for the
vacant position, the Department Head shall appolnt
an employee from the ellgible 11St at the earllest
posslble date, and the provls1ons of th1S paragraph
shall be appllcable to the employee asslgned to
cover the vacancy in any lnterlm period.
C. An employee speclfically assigned to perform the
dutles and responslbilltles of a higher
classificat10n may, after twenty worklng days,
choose to return to the orlginal classlflcation
provided that another qual1fied employee lS
available to serve in the higher classlficatlon.
Nothlng in thlS sectlon shall require the City to make
temporary assignments of employees.
Bllingual Bonus
Quallfied employees who meet the criterla set forth hereln
shall receive a billngual bonus of $50 00 per month. To
recelve the blllngual bonus, the following crlterla must
be met.
A. The employee must be asslgned to speak or translate
a language other than Engllsh.
23
2.10
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B There is no liwltatlon as to the number of employees
that can be asslgned to speak or translate a
language other than Engllsh as long as the
employee(s) must regularly utl1ize such Skll1 durlng
the course of his/her duties or upon request of
management.
C An employee must be certlfied as quallfled through
an examination adJT1ln~stered by the Personnel
Department.
An employee who holds the posltlon of Communlcatlon Center
Supervlsor and who qualifles for bllingual bonus under
thlS Section because of Spanlsh language skllls shall
recelve an add1tional $50.00 per month, for a total of
$100.00 per month
Y-Ratlng
When a personnel action, e.g., demotlon due to layoff or
reclasslflcatlon, results ln the lowering of the salary
range of a permanent employee covered hereln, the
incumbent employee's salary may be Y-rated "Y-rated"
shall mean the maintenance of the employee's salary rate
at the level effectlve the day precedlng the effective
date of the personnel actlon placlng the employee ln a
lower salary range. The employee's salary shall remaln at
such level unt11 the salary range of the new
classlflcation equals or exceeds the Y-rate salary.
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ARTICLE III. SUPPLEMENTAL BENEFIT~
3.01
Health Insurance Programs
A Medical Insurance
Effectlve July 1, 1996, the C~ty agrees to pay up to
a maXlmum of $475.00 per month towards the cost of
medlcal lnsurance coverage for employees and
ellgible dependents provlded that employees covered
hereunder partlclpate in the City-offered medlcal
lnsurance programs. The cost of medlcal insurance
coverage will be set at the beginnlng of the medical
plan year and will be a "composlte" monthly
lnsurance premium derlved by divlding the total
monthly premium for all medlcal plans offered by the
City, except the PERS PORAC medlcal plans or any
other PERS medlcal plans, by the to:.al number of
employees enrolled in sald medical plans as of the
beginning of the medical plan year. Any extra
payment requlred under such plans shall be pald by
the employee electing such coverage.
The City and STA agree that employees should beneflt
from any premlum savlngs which accrue from the
lmplementatlon of a new health lnsurance program
(Trlple Optlon Plan + Kaiser) ln 1994. The
followlng procedure will be utillzed to determlne
savings, if any, and, ln the event of savlngs, how
sald savlngs wll1 be distrlbuted:
(1) The actual medical insurance premium costs for
1993 for non-safety employees shall be compared
agalnst the City's actual premlum costs for the
new Triple Optlon Plan + Kalser for those same
employees.
(2) If there should be any premlum savlngs between
1993 and 1994, each employee's share of the
savlngs will be determined by divldlng the
total amount of the savlngs by the total number
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of Clty employees (non-safety) partlclpatlng ln
the Cl.ty' s medlcal l.nsurance program. Each
employee's share of any savlngs wll1 be pald to
the employee by no later than March 1, 1995.
Prlor to thlS payment, the Clty wll1 meet and
confer with STA and the other Clty bargalnlng
unl. ts to determlne the method by WhlCh said
payment will be made (e. g. , lump sum,
contrlbutlon to deferred compensation plan,
etc.) .
In the event the medlcal lnsurance premlums for the
Trlple Optlon Plan for 1995. and any subsequent
calendar year, should be less than the actual Clty
medlcal insurance premiums for 1993, the savlngs
wll1 be handled ln accordance wlth the same
procedure, outllned above, with the payment belng
made to the employees by no later than March 1 of
the following calendar year.
B. Dental Insurance
Dental lnsurance coverage shall be provided at no
cost to employees and thelr ellgible dependents
provided that employees covered hereunder
particlpate in the City-offered dental lnsurance
programs.
C. Vl.sion Insurance
The Clty agrees to prov~de v~sion care ~nsurance, at
no cost, to employees covered hereunder. The Cl ty
retal.ns the rlght to select the provlder and to set
the levels of coverage for sald vlsion care
insurance plan. The Cl.ty also retalns the rlght to
change the provider of said vislon lnsurance plan
and/or the level of beneflts provlded under that
plan wlthout meeting and conferring
D_ Retiree Health Insurance
Employees wlth 20 or more years of serVlce wlth the
Clty and who retlre from employment with the Clty
26
3.02
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after July 1, 1987, shall recelve the followlng: for
each 75 days of unused s~ck leave accrued ln the
employee I s slck leave bank at the date of
retirement, one year of health ~nsurance shall be
furnlshed to the retlree, at the approprlate retlree
premlum, provided that the employee particlpates In
one 0: the C~ty's health plans for retirees
Employees covered hereunder who are hlred on or
after July 1, 1990 shall not be ellgible to recelVe
thlS benefit. Current Clty employees who obtaln
positlons represented by STA on or after July 1,
1990 shall also not be eliglble to receive thlS
beneflt.
Retlrement
The C~ty lS a contract member of the Public Employee's
Retlrement System, and lt is understood and agreed that
such membershlp will be malntalned and that employee
el~glbility classificatlon, contributlon, and beneflts are
as prescrlbed ln the contract between the Clty and the
PubllC Employee'S Retirement System heretofore approved by
the Clty Councll. The Clty shall contlnue to pay on behalf
of each permanent employee covered herein one hundred
percent (100%) of the lndlvidual employee's share of the
requlred retlrement contributlons to PERS [seven percent
[7%) of the employee's "compensatlon" as deflned by PERS
leglslatlon] for the term of thlS MOD
These payments are not increases of salary and no salary
range applicable to any of the affected employees shall be
changed or be deemed to have been changed by reason of
such payments; as a result, the City w~ll not treat these
payments as ordlnary lncome and thus, will not withhold
federal or state lncome tax therefrom. The Clty'S practice
wll1 be to report these payments as belng those of the
employees so that they wll1 be cred~ted to the partlcular
employee's indlvidual account wlth PERS and upon
terminatlon will belong to the employee.
It lS agreed that lf state and/or federal procedures
requlre reportlng of these payments in any other manner,
the partles will ablde by such requlrements.
27
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Tuition Relmbursement
The Clty will budget annually sufflclent funds to provlde
each permanent line-item employee of the STA tuitlon and
required study materlal reimbursement for career
lmprovement or job enhancement courses approved by
authorized department management offlclals and subJect to
appeal to and approval of the Dlrector of Personnel
Reimbursement shall equal the total cost of tUltion
(exclusive of lodging and meals) and the total cost of
required study materlals, provided however, that
A. The maXlmum annual amount of reimbursement per
individual employee shall not exceed $1,000.00.
B. The course of study must be approved ln advance by
author:..zed department officlals and the Personnel
Director.
C The course must be dlrected to quallflcations for an
employment positlon represented ln the Clty work
force or to enhancement of current Job skills.
D. Relmbursement under this provlsion shall be made
only to employees who have completed the requlred
probatlonary perlod before completing the course for
which relmbursement lS requested
E. Courses taken under thls article may not be taken on
Clty tlme.
F. The employee must exhibit some reasonable
expectation of qualifying for the new position upon
successful completlon of the study course lf that
was the reason for the course.
G. Reimbursement shall be made upon successful
completlon of the preauthorlzed course and upon
presentation of recelpts and proof of satisfactory
course completion.
28
3.04
3.05
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H. In no event shall the C~ty's reimbursement be
reduced when there lS an outslde source of aid
except ln those cases where the ald from any ou~side
source, plus the normal Clty rel~bursement, exceeds
the cost of tuition and study material foy the
approved study course.
I. The procedure to be followed with regard to the
adminlstratlon of the tUltlon relmbursement program
shall be establlshed by the Personnel Department
Prior to the lmplementation of any revlsions to the
procedure, the Personnel Department wlII meet wlth
STA to reVlew ~he changes.
Deferred Compensatlon
Each employee covered hereln will be offered partic~patlon
in the Clty'S deferred compensatlon plan. The Clty agrees
to contribute to the plan, the amount the full-tlme
partlclpating employee lS contributlng to the plan on hlS
or her behalf, but not to exceed $85.00 per month for any
particlpat~ng employee Part-tlme employees shall be
ellglble to receive sald deferred compensatlon plan
contrlbutlon on a pro-rata basls ln proportion to the
percentage of the full-tlme forty (40) hour work week the
part-tlme employee lS regularly scheduled to work.
Unlform Allowance
A Each employee OccupYlng a regular full-tlme posltion
or a permanent and contlnulng part-tlme positlon ln
the employment positlon classificatlons covered
hereln, lf required to wear a unlform and such
unlform is not furnlshed by the Clty, shall recelve
a monthly uniform malntenance allowance of $40.00
In addltion to a continuatlon of the current monthly
unlform allowance described ln the first paragraph
of Subsection A above, the Clty will provlde one (2)
new uniform each flscal year for the following STA
classificatlons In the pollce Department providlng
said STA employee (s) ls/are requlred to wear a
uniform: Communlcation Center Supervisor,
29
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Identlficatlon Sectlon Supervlsor, Jall Management
Supervlsor, Parking Checker Supervisor, Park Ranger
Supervlsor and Supervislng Anlmal Control OfflCer.
B.
If, durlng the term of thlS agreement, the
allowance provided to any employees ln
composed of subordinates to supervlsors
exceeds $40.00 per month, the employees
herein shall recelve the higher amount.
uniform
a unlt
herein
covered
C The Ci~y agrees to furnish and malntaln coveralls to
those employees that are required to do work that
may cause damage to thelr personal clothing.
D. Supervisors not covered above wlll be furnlshed wlth
a dlstlnctlve work unlform as prescribed by the
Clty. The City wlll provide at least nin~ (9) sets
of such uniforms. Malntenance of these unlforms wll1
be in accordance wlth eXlsting City contracts
concerning sald unlforms
Mileage Relrnbursement and Energy Conservatlon
Relmbursement to permanent employees covered hereln for
the authorized use of personal automoblles on City
business shall be at the rate authorized by the Clty
Councll. Relrnbursement rates will be consldered ln
preparlng budget recommendatlons at least every two years.
Santa Monlca Munlc~pal Bus Llne tokens, to a maXlmum of
twenty (20) tokens per month, will be provided to any
employee covered hereunder who subm~ts, on the Clty
relmbursement form, a record of hls/her trlps (home to
work slte, or work slte to home) durlng the precedlng
month. The Santa Monlca Municlpal Bus Llne Route number
and the Bus number used for each trip must be entered on
the reimbursement form.
Any employee who has not been issued a City parklng pass,
or who voluntarily turns in hls/her parklng pass, shall be
ellg1ble to recelve forty (40) tokens per month under the
terms descrlbed above.
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3.07
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Sick Leave Buy Back
Employees covered here~n shall have the annual optlon to
be paid for certain unused sick leave on the terms noted
below or to "bank" unused slck leave.
Payment at the employee's base salary for the flscal year
during which the slck leave was earned but not used,
excluding any speclal asslgnment or bonus pay, shall be
made only to employees on the payroll as of June 30 of
that flscal year. To quallfy for payment an employee must
have a s~ck leave "bank" of 12 days For the purposes of
thls sectlon, "bank" shall mean slck leave earned in prlor
years and reported In the "Sick Leave Balance Brought
Forward from Prlor Contract Year" column of the "Vacatlon,
Slck Leave and Compensatory Time" report lssued by the
Flnance Department at the beglnning of the fiscal year
during which payable slck leave is earned.
Annual sick leave payoffs under thlS section for employees
wlth less than ten (10) years of serVlce, shall be made
according to the followlng schedule:
Slck Leave Days Used
In the Flscal Year
Slck Leave Days Payable
At Flscal Year End
2
3
4
5
6
7
8 or more
6
5
4
3
2
1
o
Annual sick leave payoffs under th~s sectlon for employees
wlth ten (10) or more years of serVlce shall be made
accordlng to the followlng schedule, provldlng there are
enough sick days accrued ln the employee's sick leave bank
to cover the payoff descrlbed below
31
3 08
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Slck Leave Days Used
In the Flscal Year
Slck Leave Days Payable
At Flscal Year E~O
2 or less
3
4
5
6
7
8
9
10
11
12
13
14 or more
12
11
10
9
8
7
6
5
4
3
2
1
o
It is mutually acknowledged by the parties that the use of
Code 40 (leave wlthout pay) should be 11mlted to
situations where no other approprlate pald leave lS
avallable The use of Code 40 ln lieu of slck leave, or
the use of other paid tlme off not appropriately scheduled
in advance, wll1 disqual~fy an employee from ellg1bility
for payment under this sectlon for the year ln which the
unauthorized leave occurs, and may subJect the employee to
dlsciplinary actlon.
Slck leave for which payoff lS received shall be
consldered "used" ln that lt wll1 not be added to the
"bank" (or lf added to the "bank" prior to the payoff date
shall be removed from the "bank").
Sick leave payoffs under thlS section shall be made by
separate check by the end of July followlng the fiscal
year in WhlCh the payable sick leave was earned
Term Llfe Insurance
Effective as of the flrst of the month following
ratlflcatlon of thlS Agreement by both parties, the City
agrees to maintain at no cost to the employee a term life
insurance plan for permanent employees covered herein,
32
3.09
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wlth lndlvldual coverage of one tlmes the eMployee I s
annual base salary. The amount of term 11fe lnsurance
which an employee covered hereln lS entitled to recelve
shall be determlned July 1 of each fiscal year and remaln
In effect until the next July 1.
Long Term Dlsability Insurance
The City agrees to malntaln a long term dlsablllty
lnsurance plan for permanent employees covered hereln at
no cost to the employee The long term dlsablllty
lnsurance beneflts will be equal to 60% of elther the
employee's base salary or $6,667.00 per wonth, whlchever
amount is less, reduced by the employee I s lncome from
other sources.
33
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ARTICLE IV ~EAV~~
4.01 Pald Holidays
Employees covered hereunder shall recelve pa~d holldays as
provlded below
New Year's Day - January 1
Martln Luther Klng'S Blrthday - Third Monday ln January
Lincoln's Birthday - February 12
Washlngton's Blrthday - Thlrd Monday ~n February
Memorial Day - Last Monday in May
Independence Day - July 4
Labor Day - Flrst Monday in September
Thanksgivlng Day - Fourth Thursday in November
The Frlday Following Thanksglving Day
The Half-Day Immediately Before Chrlstmas Day
Chrlstmas Day - December 2S
The Half-Day Immedlately Before New Year's Day
One Floatlng Hollday
All Other Holldays Declared by the Clty Council
In additlon, the Llbrary shall close by no later than
5:30 p.m. on the day before the Thanksgivlng holiday and
the day before the New Year's Day hollday.
A floating hollday becomes available at the beglnnlng of
each flscal year and must be taken before the end of that
flscal year A floatlng hollday not taken by the end of
the fiscal year may be pald to the employee by the
employee enterlng the day on the tlme card for the last
paycheck of the flscal year. A floatlng holiday whlch lS
cashed out at the end of the fiscal year shall be pald in
an amount equal to elght (8) hours of the employee's
straight time base salary rate of pay. Fallure to take
the floatlng holiday or to put the hollday on the last
tlme card for the flscal year shall constltute a
forfeiture by the employee.
Whenever any day llsted herein as a pald holiday falls
upon the first or second day off of any employee who has
two (2) consecutlve days off, the day precedlng shall be
34
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deemed the holiday if ~t falls on the flrst day off, and
the day following shall be deemed the hollday 1: lt falls
on the second day off in lieu of the day listed. Whenever
any day listed hereln as a paid hollday falls upon any day
off of an employee who does not have two (2) consecutlve
days off, the followlng day shall be deemed the hollday
for such employee.
When an employee covered herein ~s required to work on a
hollday, the employee shall have the optlon, w:l.th the
approval of hls/her supervisor, to "float" the hollday on
a day for a day basis lf the hollday is taken off at a
later date The employee must schedule an alternate day
off within nlnety (90) calendar days, but no later than
June 30 of the flscal year ln whlch the assigned hol~day
work occurred. In the event the employee elects to have
the day which has been floated pald rather than schedule
an alternate day off, the employee shall recelve elght (8)
hours of hollday pay at the employee'S applicable rate of
pay.
Employees in departments or divlS10ns observlng dlfferent
hollday schedules shall, ~n lieu of holidays listed above,
recelve holldays enJoyed by other operatlng employees ln
that department or dlvislon, provided, however, that the
same number of holidays {12) shall be observed.
Whenever any day llsted herein as a paid hollday falls
upon any day other than Saturday or Sunday when a Clty
faclllty (includlng department, dlV1Slon or work unltl lS
already scheduled to be closed to the publlC because of
the adopt~on of a compressed work schedule, employees who
work at sald Clty facillty will recelve a floatlng hollday
ln lieu of the day listed as the pald hollday. ThlS
floatlng hollday cannot be accrued and carrled over to the
next fiscal year, and the floatlng holiday cannot be
cashed out at the end of the fiscal year. ThlS floatlng
holiday must be taken by the end of the fiscal year ln
which lt is granted to the employee or be forfelted.
35
4.02
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Vacatlon Leave
Employees covered hereln shall accrue vacatlon leave wlth
pay on the following basis.
A.
Following completlon of the flrst
months of contlnuous service, SlX (6)
SlX calendar
worklng days.
B. Thereafter, up to and lncludlng flve completed years
of serVlce, one (1) worklng day for each completed
calendar month of service.
c. Thereafter, up to and lncludlng ten completed years
of service, one and one-quarter (1.25) worklng days
for each completed calendar month of serVlce.
D. Thereafter, up to and includlng flfteen. completed
years of serVlce, one and one-half (1.5) worklng
days for each completed calendar month of serVlce.
E. Upon completion of flfteen years of service and
thereafter, one and three-quarters (1.75) worklng
days for each completed calendar month of serVlce.
F. Employees are expected to take thelr vacation each
year. An employee who has accrued vacatlon to the
maXlmum prescribed hereln may be requlred to take
vacatlon leave ln order to reduce the accumulatlon
balance. The schedullng of vacatlon shall be
accordlng to department or divislon policles and
contlngent on the service needs of the department.
If an employee is denied the time off requlred to
malntain a vacatlon balance below the maXlmum
allowed, the Department Head shall authorize payment
to the employee for such vacation as would exceed
the maXlmum accumulation limit. However, if the
employee 18 scheduled to take vacatlon and fails or
refuses to do so, he/she forfelts the excess accrual
wlthout compensatlon.
G. Accrual of vacation leave shall not exceed forty
(40) days
36
4.03
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H. Except as provlded hereln, the adrninlstratlon or
applicatlon of vacation leave provislons and the
limltations on the accumulatlon, proportionate
accumulatlon, schedullng and payment for such leave
shall be as prescribed in the CiVl1 service
provisions of the Santa Monlca Munlclpal Code
sick Leave
A The use of slck leave shall be deflned as In Sectlon
2.04 570 of the Santa Monlca Munlcipal Code, hereby
lncorporated as ~f set forth in full hereln, except
as follows:
Sick leave shall be deflned as absence from duty
because of the employee'S 11lness or off-the-Job
lnJury, exposure of the employee to contagious
dlsease as eVldenced by certlfication frow an
accepted medlcal authorlty, medical or dental
appolntments of the employee or the employee's
dependent chlldren whlch could not be scheduled
durlng non-work hours, with proper advance
notification to the Department. Head, or illness or
injury of any member of the employee'S household.
B. Employees covered hereln shall accrue slck leave
wlth pay on the following basls, provlded that
permanent part-time employees shall accrue sick
leave ln that proportlon as the number of hours
budgeted for the positlon bears to the full-time
work week:
(1)
Followlng the
calendar months
working days
completlon of the flrst six
of contlnuous service, SlX (6)
(2) Thereafter, all slck leave accruals shall
accrue on the basls of one (1) worklng day for
each completed calendar month of service.
c. The foregolng beneflts are cumulative subJect to the
following restrlctlon:
37
4 04
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No more
may be
illness.
than one-hundred thlrty (130) worklng days
applled against sick leave for anyone
D. Any employee who lS absent because of sickness or
other physlcal disabillty shall notlfy hls/her
department head or other lmmediate superlor offlcer
as soon as possible but in any event ln accordance
wlth departmen~ rules and regulations.
Leave of Absence Without Pay
A permanent employee covered herein may be granted a leave
of absence wlthout pay upon appllcatlon approved by the
Department Head and the Clty Manager. Such leave may not
exceed one year's tlme. Upon eXplratlon of the leave, the
employee shall be reinstated to the posltion held before
the leave was granted. Such leave shall be granted only in
those cases where an employee's record of serVlce and
quallficatlons make it deslrable for the Clty to retaln
the employee's services even at the cost of some
lnconven~ence to the Clty.
An indlvidual reinstated followlng a leave of absence
without pay shall recelve full senlorlty rlghts as if
fully employed durlng the leave only if said leave of
absence was of duration of 4 months or less and was for
the purpose of parental or pregnancy d~sab~llty leave.
Unless prohlbi ted by the Family Medlcal Leave Act, or
slmilar state and/or federal legislation, the employee's
service date shall be adJusted for unpald leaves of
absence which exceed thirty (30) calendar days, wlth the
employee's service date being moved forward by the same
number of days as the unpaid leave of absence. In the
event a permanent employee separates from the Clty but is
rehlred withln twelve (l2) months, the break in service
between the last date of employment and the date on WhlCh
the employee is rehlred will be treated as an unpald leave
of absence for the purpose of establishing the employee's
service date wlth the Clty
38
4 05
4.06
4.07
4.08
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Mllitary Leave
The Clty wll1 observe the m~lltary leave requlrements of
State and Federal law.
Workers' Compensatlon Leave
Employees covered herein hired by the City on or before
June 30, 1985, who receive disablllty payments under the
Workers' Compensation Act of Callfornla shall recelve the
difference between the dlsabllity payments under the Act
and full salary durlng the flrst nlnety (90) days of such
dlsabillty absence.
Employees covered hereln hlred by the Clty on or after
July 1, 1985, shall be entltled to only those Workers'
Compensatlon beneflts specifled under State law and shall
receive no salary fro!!' the City durlng a leave for
lnjurles covered by the Workers' Compensatlon Act.
Bereavement Leave
Bereavement leave of not more than five (5) worklng days
with pay shall be provlded 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" shall include spouse, child, brother,
sister, parent, parent-ln-law, son-ln-law, daughter-ln-
law, step-parent, step-brother, step-s~ster, grandparent,
grandchlld, spouse of child, spouse of step-child, step-
parent of spouse, uncle, aunt, nlece and nephew
Jury Duty
Employees covered hereln, when duly called to serve on any
Jury and when unable to be excused therefrom, shall
receive the regular base compensatlon less all Jury fees
received excluding mlleage for the tlme required to be
spent In court provlded that an lndivldual employee will
be so pald for Jury service only once every three (3)
39
4.09
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years and shall make every effort to cooperate wlth any
request by the Department Head to request a delay In Jury
service to accommodate lmportant department work ir.
progress. Each employee recelving a notlce to report for
Jury service shall lmmediately notlfy hls/her lmmedlate
supervisor.
Whenever dally Jury duty schedullng perm:Lts, employees
shall return to thelr regular dally job asslgnment to
complete thelr regular da~ly work hours
Employees covered herein may be requlred to provide proof
of JUry serVlce to recelve jury duty pay.
Where operationally posslble, any employee covered hereln
called to jury duty shall, for admln:Lstratlve purposes, be
placed an a Monday through Friday schedule, whlch
incorporates the operatlonal hours of the court, for the
duration of hls/her jury duty.
In the event that either the State or Federal court system
change current POllCY whlch excuses from jury service
those employees who do not recelve full compensatlon from
their employer durlng the full perlod of Jury serVlce,
regardless of frequency, the partles will meet and confer
over the lrnpact of this change on employees covered
hereunder.
Parental Leave
Employees who demonstrate that they have prlmary
responslbility for the care of a new child, shall be
entitled to a leave of absence totallng four (4) months
lmmediately following the Chlld's blrth or adoptlon and
shall be returned to the same 11ne-ltem positlon occupled
prior to the leave upon ltS expiration. Prlmary
responsiblllty may be establlshed by prov~dlng
documentatlon that the employee's spouse lS medlcally
lncapacltated or when the spouse is galnfully employed
during hours the employee is normally scheduled to work
and no schedule change for the employee I s spouse lS
possible. Pald vacatlon leave, and slck leave ~f
appllcable, as well as unpald leave shall be counted
40
4.10
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toward the four month total. Addit~onal leave !'lay be
requested under the prov~s~ons of Artlcle 4.04 of thls
MOU.
In the event of a conflict wlth State or Federal law, the
Clty wlll comply with the provlslons of appllcable State
or Federal law.
Pregnancy dlsability leave is not the same as parental
leave and shall be administered in accordance wlth State
and Federal law. When an employee returns to work
followlng maternity leave, said employee shall be
relnstated to her former posltlon.
Supervlsory Leave
As partial recognitlon of the supervlsorial and sensitlve
nature of the employee-employer relatlonshlp regardlng
employees covered hereunder, the Clty hereby agrees to
grant forty (40) hours of pa~d supervisory leave tlme per
fiscal year. The forty (~O) hours of pald supervisory
leave tlme shall be in addit~on to any other regular
beneflts whlch are provlded by this Agreement.
The forty (40) hours of supervlsory leave time shall be
granted in four (4) equal lncrements of ten (10) hours,
effectlve at the beglnnlng of each three-month quarter of
the fiscal year beglnning wlth July 1. Supervisory leave
tlffie can be used ln one (1) hour lncrements to supplement
elght (8) hours of pald leave t1.me for a regularly
scheduled work day comprlsed of more than elght (8) hours.
Unused supervlsory leave tlme cannot be accrued from one
flscal year to the next At
the employee shall receive
stralght-tlme rate of pay,
leave tlffie.
the end of the flscal year,
payment, at ::he employee I s
for any unused supervlsory
41
4.11
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Famlly Leave
The City hereby agrees to implement famlly and medical
leave in accordance w~th the California Family R~ghts Act
(CFRA) and the Federal Famlly and Med~cal Leave Act (FMLA)
for all employees covered herein. These statutes shall
supersede and be lmplemented ln 11eu of any contract
language or City pol~cy/pract~ce wh~ch provldes a lesser
beneflt.
Before the ~ssuance of any admlnistrative regulatlons
pertaln~ng to leave under the CFRA or FMLA, the Clty
agrees to dlscharge ltS meet and confer obligatlon wlth
STA.
42
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ARTICLE V. WORKING CONDlTIONS
5.01
safety and Loss Prevention
The Clty shall make every reasonable effort to provlde and
malntaln a safe place of employment The Clty shall
provide and malntaln all equlpment ~equlred by appllcable
safety laws and regulatlons and shall comply wlth all
other appllcable health and safety laws and regulatlons.
Employees shall report unsafe practlces, equlpll'ent or
condltlons to thelr supervlsors. The use of safety deVlces
and protective equlpment provlded by the Clty shall be
mandatory.
An employee who is dlrected to perform a task which the
employee has good reason to belleve lS unsafe may request
an immedlate review by hls/her Department Head and the
Personnel Director who shall consult with the City
Building Officer, Fire Marshal, County health offlcials,
or State health offlClals as approprlate Durlng the
perlod of reVlew and/or lnvestigatlon the employee shall
not be requlred to perform the task complained of, shall
not suffer loss of payor benefits, and shall be asslgned
other approprlate dutles, if posslble.
If the task complalned of lS deemed safe by the
appropriate official, the employee shall then perform the
work as instructed.
The City shall contlnue to consult wlth a commlttee of
vldeo dlsplay termlnal users, at least one of whom shall
be an STA representatlve, regarding work environment and
other concerns of lndlvlduals who spend half or more of
thelr work week using VDT'S.
Both parties recognlze the role that Supervlsory offlClals
play in loss preventlon and safety and agree that measures
of loss preventlon and safety are one approprlate
indicator of performance of an employee subJect to this
MOD.
43
5.02
5.03
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Employee Parking
It is hereby agreed that the City wll1 make every effort
to maintaln free parking as lt presently eXlsts for City
employees at Clty facl11tles. The employees covered by
th~s agreement recognize that the Clty must comply w~th
Regulatlon XV lssued by the A~r Qual~ty Management
Dlstrlct (AQMD) and the Clty'S own Transportation
Management Plan ordlnance If the use of positive
lncentlves does not result In ~he Clty meetlng the
compl~ance requirements of either AQMD's Regulation XV or
the City's Transportation Management Plan Ordlnance w~thln
one year of the effectlve date of th~s agreement, it is
understood that the City can lmplement a charge for
employee parklng ln an effort to meet those requlre~ents.
In addltlon, if it should become necessary to charge for
parklng during the term of thlS agreement ln order to
comply wlth any other local, state or federal requlrements
regardlng transportation management, the Clty can
implement such charge However, In no event shall the Clty
lmplement such a charge for parklng wlthout meeting and
conferring with STA should any employee(s) represented by
them be subject to such a charge.
Effect of Job Performance on Salary
The City Manager, in exceptional cases, based upon
speclfic appralsal of the lmportance and difficulty of the
work and the experlence and ablllty of the person to be
employed, or of the lncumbent, may authorlze entrance
salarles h~gher than the minlmum, and speclal ~ncreases
above the amount prescribed ln the salary schedule for the
class and length of service of the lncumbent In no event,
however, shall the rate exceed the maximum rate for that
class
Notw~thstanding any proviSlon contalned hereln, there wll1
be no lncrease ln wages of any kind as a result of a NOT
ACCEPTABLE ratlng on the employee's prescrlbed perlodic
performance rating. There wll1 be no subsequent lncreases
~n wages untll the NOT ACCEPTABLE ratlng has been lmproved
to at least the SATISFACTORY level If overall
44
5.04
5.05
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performance is rated NOT ACCEPTABLE, the employee may be
dismlssed from servlce, and lf two consecutlve performance
ratings are marked NOT ACCEPTABLE, employee shall be
dlsmlssed by appointlng authority for inefficlency (SMCC
Section 2 04 490). Any overall ratlng ln the BELOW
SATISFACTORY category may delay the next scheduled salary
step lncrease at the discretion of the appolntlng
authorlty. Such actlon shall remaln In effect untll the
overall rating has been improved to at least the
SATISFACTORY level.
Effect Of Reasslgnment/Recertlflcatlon On BonusjSklll
Pays
When a "bonus," "skill," or additional pay referenced ln
varlOUS sectlons of thlS MOD lS the result of asslgnment
to specified dutles or hours, or of malntenance of a
registratlon, certlflcate or other credentlal, the loss of
the bonus, sklll, or addltlonal pay due to the end of the
asslgnment or fallure to malntaln the required
reglstratlon, certlflcate or credentlal shall not
constitute a demotlon, pursuant to Sectlon 2.04.530 of the
Santa Monlca Munlclpal Code.
Supervlsory Tralnlng
The Clty recognlzes the lmportance of malntalning
supervisor awareness of pollcies, regulatlons, laws and
procedures which pertain to the dutles and
responslbllltles of employees covered herein. The Cl ty
wll1 provlde at least annual trainlng to supervisors
coverlng such subJects as afflrmative action, sexual
harassment, employment dlscrlmlnatlon, dlsclpline,
grlevance handllng, performance evaluatlon, labor laws and
practices, safety and loss preventlon. Such tralning will
be supplemented by perlodlc bulletlns and updates
regardlng changes ln appllcable law, polic~es, or
regulations.
Supervisors covered herein are encouraged to use training
and tui tlon reunbursement programs to seek addl tlonal
45
5 06
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skll1 development
responslblllty.
fUnctlon
and
ln
supervlsory
A joint labor-management committee shall be establlshed to
develop and lmplement supervlsory trainlng goals and
obJectlves, as well as programs, for the employees covered
hereunder. Said commlttee shall be comprised of not more
than three (3) representatlves from STA and not more than
three (3) representatives from the Clty'S Personnel
Department This committee shall meet not less than one
time per quarter durlng the Clty'S flscal year, wlth the
meeting to be held durlng the flrst month of each quarter.
Work Schedules
In those cases where a permanent employee desires to
modlfy hls/her work schedule to accommodate speclflc work
schedule needs of the employee (e _ g, dependent care
arrangements) that do not fall wlthln the normal work
schedule establlshed for the employee's pOSl tion, the
employee shall submlt a request for a work schedule
modlflcatlon to hls/her Department Head. As long as the
operatlonal needs of the department and the City wlll
stll1 be met, upon approval of the Department Head, the
employee's request shall be approved. If it should be
later determlned that the operational needs of the
department and the Clty can no longer be met wlth the
employee I s modified work schedule the employee shall
recelve at least thirty (30) days' notice that hls/her
modlfled work schedule can no longer be continued In the
event that the employee cannot change his/her outslde
schedullng needs to flt wlthin the regular work schedule
established for his/her posltlon, the Clty wlll make every
reasonable effort to place said employee In another 11ke
posltlon where the employee's speclflc schedulln9 needs
can be accommodated. While nothing ln thlS section
requlres that the employee 's modlfled work schedule be
granted or that the employee be transferred to a llke
position to meet the employee's outslde scheduling needs,
requests shall not be unreasonably denied.
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5.07
5.08
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If an employee's request for a modlfled work schedule lS
denied and lf the employee does not agree wlth the
declslon that has bee~ reached, the employee can g~leve
such declslon under Section 6.04 (Grievance and Complaint
POllCY) of thls Agreement. Failure to successfully
transfer an employee under thlS Sectlon wll1 not be
grlevable.
Promotion
If, upon promoclon, an employee represented hereln falls
to satlsfactorily complete hls/her probatlonary perlod In
the posltion to which he/she has been promoted, or durlng
the probationary period wishes to return to hls/her former
position, he/she shall have the rlght to return to hls/her
former position, lf vacant, or to a comparable posltlon ln
the same Job classlflcatlon lf a vacancy eXlsts. If no
vacancy exists, the employee wll1 have any reappolntment
rights to hls/her former position as provlded by Santa
Monlca Municipal Code (Sectlon 2.04.450).
Probatlonary Perlod
Any appolntment made from an eligible list shall be
subject to a probationary period of twelve (l2) months.
No appolntee shall acqulre permanent C1Vll serVlce status
untl1 hls/her probatlonary perlod has explred and unless
prior to the explration of such perlod the appolntlng
authority of the appointee has recommended to the
Personnel Dlrector, in writing I that the appolntee be
glven permanent C1Vl1 serVlce status. In the event the
appOlnt~ng authorlty falls to make such recommendatlon
prlor to the exp~ratlon of the probatlonary perlod, the
probatlonary appolntee' s employment by the Clty shall
terminate automatlcally upon the explratlon of said
probationary period.
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Layoffs
Provlsions of the Santa Monica Municlpal Code governlng
layoff or abolition of a permanent positlon are hereby
lncorporated ln thlS Agreement by reference
STA will be provided with thirty (30) days' notlce of the
layoff of permanent STA employee(s) or of the abolltlon of
position (s) held by permanent STA employee (s) In the
event that employee(s) represented by STA are subject to
layoff or posltlon(s) represented by STA are gOlng to be
abollshed, the City will meet and confer wlth STA with
regard to the proposed layoffs and/or abolltion of
budgeted STA position (s) If the partles reach final
lmpasse, however, the City lS not precluded from
proceedlng wlth the proposed layoff(s) and/or aholltlon of
posltion(s) held by permanent STA employees.
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ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS
6.01
Payroll Deductlons
It is mutually understood and agreed that the City will,
subject to the provislons of Ordlnance 801 (CCS) and
durlng the term of thlS MOD, deduct monthly and renlt to
the offlce or offlcer deslgnated in the employee payroll
deductlon authorization form of the recogTIlzed employee
organlzatlon, the dues, credlt unlon lnvestments or
payments, health and hospltallzatlon lnsurance premlums,
and 11fe and accldent lnsurance premlums. Further, the
City agrees to change deductions from the employee's pay
from a monthly to a twice-a-month basis (on the 1st and
2nd pay checks of the month) only lf the out-of-pocket
cost to the employee for health lnsurance premlums exceeds
$25.00 per month.
Any or all of such payroll deductlons are subJect to
termlnation by the City Manager upon twenty-four (24)
hours notice for failure to comply wlth the prOV1Slons of
thl.s MOD.
6 02
Reasonable Notice
A. It is mutually understood and agreed that a copy of
the Clty Councl1 or Personnel Board agenda for each
meetlng malled by D S. Mall or ~nteroffice mall, to
the authorlzed representatlve of STA shall
constitute reasonable written notlce, and notlce of
an opportunlty to meet with such agency, on all
matters wlthln the scope of representation upon
whlch the Clty Councl1 or Personnel Board may act.
B. The City agrees to notify STA of any change in
status of its ffiembershlp on a monthly basis. The
City further agrees to provlde STA wlth at least 10
days' notice of any change ln classification, except
that the STA president may walve any tlme limits.
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6 03
6.04
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Tlme Off for Assoclatlon Business
Authorlzed STA representatlves shall be allowed to utlllze
a total of forty (40} hours of tlme off wlth pay durlng
each fiscal year to conduct necessary Associatlon
business. These forty hours per annum represent the
aggregate maXlmum use for all authorlzed representatives
of the Association per flscal year, as opposed to forty
(40) hours per representatlve. Prlor to uSlng such tlme,
authorized representatlves must recelve permlssion from
the Department Head, or hls/her authorized des~gnee, ln
wrltlng. For accounting purposes, all such tlme off shall
be repoJ;"ted to the Personnel DJ.xector by copy of the
authorization memo slgned by the Department Head or
designee.
Grlevance and Complalnt Policy
A grievance lS a complalnt by one or more employees
concernlng the appllcatlon or interpretatlor. of the MOD,
ordlnances, resolutions, policles, practlces or procedures
affecting the employee I swages, hours and/or working
condltions provided, however, that grlevances regarding
disclpllnary actlons must be lodged by the employee belng
disciplined and that appeals arising from suspensions,
demotlons and removals shall be subject to the procedures
outl~ned In Sectlon 2 04 750 et seq. of the Santa Monlca
Munlcipal Code, and that complalnts regardlng Performance
Evaluatlons shall be subJect to the procedures contalned
10 Section 2.04.480 of the Santa Monica Munlclpal Code.
The City agrees that employees shall be afforded all due
process rights provlded In applicable law
The STA agrees the rights of probationary employees are
11mlted to those prov~ded under the Santa Monlca Munlclpal
Code and City Charter.
Step 1.
The aggrleved employee(s) shall meet with the
lmmedlate supervlsor regardlng the grlevance,
WhlCh must be stated in wrltlng, speciflcally
clting the MOD provlslon, ordlnance,
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Step 2.
Step 3.
Step 4
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resolutlon, rule, POllCY, practice or procedure
that lS the subJect of the grievance and the
Clrcumstances glvlng rlse to the grievance
within thirty (30) days of the event glving
rise to the grievance.
If the grlevance lS not resolved by the end of
the employee's thlrd regularly scheduled day
following the day on whlch presentatlon of the
grievance to the immediate superVlsor occurred,
the employee may, wlthln flve regularly
scheduled days thereafter appeal to the second
level supervlsor, If any.
If the grlevance lS not resolved by the end of
the employee I s flfth regularly scheduled day
following presentation of the grlevance to the
second level supervisor, if any, the employee
may, wlthln flve regularly scheduled days
appeal to the Department Head. The Department
Head shall meet with the employee and the
employee's representatlve to attempt to resolve
the grlevance
If the grievance is not resolved by the end of
the employee I s tenth regularly scheduled day
followlng presentatlon of the grievance to the
Department Head, the employee may, wlthln flve
days, appeal to the Personnel Dlrector, who
will investigate the grlevance and make
recommendatlons to the Clty Manager, whose
declslon shall be flnal The decision of the
City Manager shall be issued no later than the
end of the thlrtleth day following presentatlon
of the grlevance to the Personnel Director
It is mutually understood and agreed that
A. All time periods in this sectlon may be extended by
mutual consent of the employee and the management
representatlve lnvolved.
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B. A grievance shall De cons~dered untlmely lf not
presented by the employee or the STA wl~hln thlrty
(30) days of the lnc~dent glvlng rise to the
grievance or withln thlrty (30\ days of its effect
upon the employee ln those lnstances where It lS
shown that the employee could not reasonably have
known of the grlevable actlon.
c. Employees shall have the rlght to be represen~ed ln
grievance matters ln the followlng manner
(1) Employees shall have the right to represent
themselves lndlv~dually in grievance matters.
(2)
Employees may deslgnate
Department or of STA to
grievance matters at Steps
of the grlevance process.
a member of the
represent them in
One (1) and Two (2)
(3) Employees may designate a member of the
Department, an STA representative, or a legal
representatlve to represent them ln Steps Three
(3) and Four (4) of the procedure.
(4) For the purposes of thlS sectlon, "days" shall
mean regularly scheduled work days of the
employees ln the affected department or
divislOn.
(5) Reasonable time off wlthout loss of payor
beneflts shall be given to a grlevant or STA
grievance representatlve to investiga~e or
process grlevances, and to wltnesses in any
grievance hearlng or meetlng held durlng
working hours.
Before performlng any grlevance work, STA
representatives, the grlevant or wltness shall
obtain permission from the lmmedlate supervlsor and
shall report back to work when the grlevance work lS
completed. Neither the grlevant nor representatlve
nor wltness shall lnterrupt or leave work lf the
supervisor determlnes that such interruption or
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absence will unduly interfere wlth the work of the
employee. However, lf the supervisor denies such
tlme off when requested, tlme off must be granted
wlthln twenty-four (24) hours of such request.
D. An employee who has lnltlated a grlevance, or
assisted another employee ln lnltiatlng and/or
processlng a grievance, shall not in any way be
coerced, intimidated or dlscr~mlnated aga~nst
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IN WITNESS WHEREOF, the partles hereto have caused tpis Memorandum
of Understandlng to be executed thlS I day of ~/L
1997
By:
Supervlsory Team ASSOClates
Clty of Santa Monica
W(J!)L~
lflltYhi/)L
J/ffDMV:ler". ~ 7
c/!cjj/ f)h ff
Ruth Odell-
~rf:!L
City Manager
APPROVED AS TO FORM:
ATTEST:
~ <f k&~
Marsha JO~utrie
City Attorney
~~.~
City Clerk
54
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"Exhlblt A"
For Job Classlflcations established as at the end of FY92 - 93 I
employees covered hereunder shall be as follows
Arborlst
Asslstant Admlnlstrative SerVlces Officer
Asslstant Clty Treasurer
*Asslstant Fire Marshal (formerly Flre Preventlon Englneer)
Ceme~ery Fleld Supervisor
*Civil Engineer
Communications Center Supervisor
*Concrete Crew Leader
Crosslng Guard Supervlsor
Custod~an Supervlsor
Electrlcal Supervlsor
*Event Attendant III
Fleet Maintenance Superintendent
Identlfication Section Supervisor
Jal1 Management Supervlsor
Llablllty Claims Supervlsor
Llbrarlan III
Llcense, Permlt and Parking Citatlon Supervisor
Mechanic Supervlsor
Motor Coach Supervlsor
Parklng Checker Supervlsor
Parking Meter Supervisor
Pler Malntenance Supervlsor
Pollce Records Management supervisor
Property EVldence Supervisor
Sanltatlon Supervlsor
*Senlor Accountant
*Senior Parking Meter Collector
Senlor Planner
Senior Trafflc Englneer
*Storekeeper II (formerly Storekeeper)
Supervlslng Flscal Staff Assistant
Supervls1ng Staff Asslstant
Trafflc Operations Supervisor
Transfer Statlon Supervlsor
Transportatlon Mechanlc Supervlsor
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Waste Water Supervisor
*Water Leader
Water Production and Treatment Supervisor
Water Superv~sor - Construction
Water Supervisor - Meters
*Job classificatlon for which the lncumbent(s) have been
ugrandparented" ln STAi the Job classlfication lS now represented
by another Clty bargal~lng unlt. See Sectlon 1.01 of MOD for date
on WhlCh thlS change occurred
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For Job ClaSSlflcatlons represented by STA after June 30, 1993,
employees covered hereunder shall be as follows
Accounting Supervisor - Transportatlon
Accounts Payable Supervisor
Beach and Street Cleaning Supervlsor
City Manager Office Administrator
Communlcatlons Management Supervlso~
Community Forester
Community Services Program Supervlsor
Communlty Services Program Supervlsor - Aquatlcs & Communlty Sports
Communlty
Communlty
Community
SerVlces
SerVlces
SerVlces
Program
Program
Program
SuperVlsor
Supervlsor
Supervlsor
Programs
~ community Sports Programs
Employment Programs
Therapeutic Recreatlon
Programs
Volunteer Programs
Youth & Famlly Programs
Communlty Servlces Program Supervisor
Communlty SerVlces Program SUperV1S0r
Councl1 Offlce Administrator
Electrlcal and Public Facllities Superintendent
Event Facllltles Operations Supervlsor
Event Facllities Servlces 8upervlsor
General Ledger Supervlsor
*818 Data Speclallst(formerly Building and Safety Operatlons
Supervlsor)
Human Servlces Supervlsor
Parks Malntenance Supervlsor
Parks Malntenance Superlntendent
Park Ranger Supervlsor
Pollee Records Supervlsor
Prlnclpal Communlty Services
Prlnc~pal Community SerVlces
Prlnclpal Community Servlces
Payroll Supervlsor
Senior C1Vl1 Engineer
Solld Waste Business Supervisor
SOlld Waste Collectlons Superintendent
SOlld Waste Materlals Recovery Superlntendent
Solld Waste Systems Superintendent
Street Maintenance superintendent
Supervislng Animal Control Officer
Superv~sing Inspector
Supervisor
Supervlsor -
Supervlsor -
Senlor SerVlces
Youth & Famlly SerVlces
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Systems Development Supervlsor
Technlcal SerVlces Supervlsor
Trades Supervlsor
Utilitles Billing Supervlsor
*Job classificatlon for WhlCh the lncumbent(s) have been
~grandparentedU ln STAj the Job claSSlflcatlon lS now represented
by another Clty bargalnlng unlt. See Sectlon 1 01 of MOU for date
on WhlCh this change occurred.
istal!Olo96 :.S97'
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Adopted and approved thlS 11th of February, 1997
~
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Mayor
I hereby certify that the foregomg ResolutlOn 9121 (CCS) was duly adopted at a meetmg
of the City Councll held on the 11th of February, 1997 by the followmg vote
Ayes
Councdmembers
Femstem, Genser, Holbrook Rosenstein
Noes
Councilmembers
None
Abstam
Councllmembers
O'Connor
Absent
Councdmembers
Ebner, Greenberg
ATTEST
~~.~aA-
Clty Cierk