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R-9121 e e 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; e e 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 ~ e e 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....... . . . . . . . . . . . . . . . 1 PAGE 4 6 6 6 6 7 7 8 8 10 10 10 11 14 14 15 15 16 18 19 19 2.07 2.08 2 09 2.10 e e 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 e e 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"..... ....... 55 3 e It 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 4 e e 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 5 1. 02 1. 03 1. 04 1.05 e e 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. 6 L06 L07 e e 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 7 1 08 1. 09 tit e 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 8 It e 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. 9 1.10 1.11 1.12 e e 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 10 1.13 e e 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 11 It e (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 12 e e 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 13 1.14 1.15 e e 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. 14 e e 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 e e 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 It e 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 17 2.04 It e 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 e e 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 e e 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 20 e e 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 e e 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 e e 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 e e 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. 24 e e 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 25 e e 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 e e 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 3 03 e e 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 e e 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 3.06 e e 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. 30 3.07 e e 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 e e 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 e e 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 e e 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 e e 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 e e 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 e e 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 e e 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 e e 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 e e 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 e e 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 e e 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 e e 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 e e 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 e e 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 e e 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. 46 5.07 5.08 e e 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. 47 5 09 e e 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. 48 e tit 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. 49 6 03 6.04 e e 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, 50 Step 2. Step 3. Step 4 e e 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. 51 e e 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 52 e e 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 53 e e 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 e e "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 55 e e 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 56 e e 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 57 e e 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' 58 e e Adopted and approved thlS 11th of February, 1997 ~ ~i 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