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R-9406 . . RESOLUTION NO. 9406 (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 PUBLIC ATTORNEYS UNION WHEREAS, the CIty administration and representatives of the Public Attorneys Union have met and conferred under the terms of OrdInance No. 801 (CCS) and have reached agreement on wages, hours and other terms and conditions of employment; and WHEREAS, Section 2 06 of Ordinance No. 801 (CCS) 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 (CCS) further provides that any such Memorandum of Understanding shall not be binding unless and until presented to the governtng body for determination; and WHEREAS, the purpose of the Memorandum of Understanding IS to promote and provide harmonious relations, cooperation, and understanding between the City and the Public Attorneys Union, . . 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 ratified by the Public Attorneys Umon, 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' MARSHA JON City Attorney (PAU Resolution 1998-2002] . . Adopted and approved thIs 8th of June, 1999 ~ IYIL~ -- ~-am ;'connor, Mayor -- I, Mana M Stewart, City Clerk of the CIty of Santa MOnlca, do hereby certify that the foregoing Resolution 9406(CCS} was duly adopted at a meeting of the Santa MOnlca CIty CouncIl held on the 8th of June, 1999, by the follOWing vote Ayes Council members Fein stem , Holbrook, McKeown, Rosenstein, Bloom, Mayor Pro Tem Genser, Mayor O'Connor Noes Coun~lmembe~ None Abstain CounCil members None Absent CounCil members None ATTEST '-- ~ ~o.J- Mana M Stewart, City Clerk ARTICLE I; . r~~L[(o . MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SANTA MONICA, CALIFORNIA AND PUBLIC ATTORNEYS UNION TABLE OF CONTENTS GENERAL PROVISIONS 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 Parties to Memorandum... ...................... 3 Purpose. . . . . . . . . . . . . . .. ............... 3 Term of Agreement. ...... ............... 3 City Councll Approval... ................. 3 Recognized Employee Associatlon Name..... 4 Scope of Representatlon. ................ 4 Full understanding, Modlflcation and Waiver 4 Management Rights Reserved ............... 5 Valldlty of Memorandum of Understanding. . . 5 Captlons for Convenlence. ............... 6 Non-Dlscrlmlnatlon and Equal Employment... 6 Defini t ions. .. ......... ................. 6 Overpayment Remedy...... ............... 8 Payments at Termination. ..................... 9 ARTICLE II; COMPENSATION 2.01 Effective Date of Pay Increase. . . . . . . . . . . . . . .10 2.02 Salarles...... .......................... . . .10 2.03 Overtime................ . . . _ . . . . . . . . . . . . . .11 2.04 Bilingual Bonus......... ................. . . . .11 2.05 Y -Ratlng. . . . .. ......... . . . . . . . . . . . . . . . . . . . . .12 ARTICLE III; SUPPLEMENTAL BENEFITS 3.01 Health Insurance Programs .................... .13 3.02 Retlrement............... . . . . . . . . . . . . . . . . . . . . .14 3.03 Supplemental Retirement Plans.................. .15 3.04 Mlleage Relmbursement... ........... ........ .16 3.05 Bar Dues.. . . . . .. ........... . . . . . . . ~ . . . . . . .16 3.06 Professional Development. ...... .......... ..17 3.07 Long Term Disablllty Insurance ... ......... ...17 3.08 Sick Leave Buy Back. . . . . . . . . . . . . . . . . . . . . .17 3.09 Term Life Insurance....... .............. .18 ARTICLE IV; LEAVES 4.01 Paid Holidays... 4.02 Vacatlon Leave.. .............. .19 ...............20 -1- 4.03 4.04 4.05 4.06 4.07 4.08 4.09 4.10 4.11 ARTICLE V: 5.01 5.02 5.03 5.04 . . S~ck Leave. . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 Leave of Absence W~thout Pay............. ..... .21 M~l~tary Leave . ......................... .. .21 Workers' Compensat~on Leave.............. ... .22 Jury Duty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22 Bereavement Leave....... ..................... .22 Parental Leave ........................... . . . .23 Professional Leave....... .................... .23 Family Leave .. ...... ............... ... .24 WORKING CONDITIONS Safety. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ....25 Employee Parking........ . . . . . . . . . . . . . .. .....25 Performance Evaluations and Effect of Job Performance On Salary... ............... ... .25 Employment Separations.................. ....... .28 ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS 6.01 Payroll Deductions...... . . . . . . . . . . . . . . . . . . . . .29 6.02 Reasonable Notice... .... .' _....... ....... ..29 6.03 T~me Off For Association Bus~ness..... ........ ..29 6.04 Grievance and Complaint Policy.... ......... ..29 -2- . . ARTICLE I: GENERAL PROVISIONS 1.01 Parties to Memorandum Th~s Memorandum of Understanding has been prepared pursuant to the terms of Ordinance 801 No, (CCS) of the City of Santa Monica, wh~ch Ordinance is hereby ~ncorporated by reference as if fully set forth herein, and has been executed by the City Manager and by the Public Attorneys Union (PAU) , on behalf of City Attorney employees OccupYlng the line-ltem employment attorney position class1.f1.cations, excepting the C~ty Attorney and Ass~stant City Attorney. 1.02 Purpose The parties agree that the purpose of this MOU is: to promote and provide harmonious relations, cooperation and understanding between the City and the employees covered herein, to prov~de an orderly and equitable means of resolvlng differences which may arise under thls memorandum, and to set forth the full agreements of the part~es reached as a result of meet1.ng and conferr~ng 1.n good fa1.th regarding matters wlth~n the scope of representat~on for employees represented by PAU 1.03 Term of Agreement ThlS Agreement shall be effect~ve as of July I, 1998 and shall remaln in full force and effect until the 30th day of June 2002. This Agreement shall be automatically renewed from year to year thereafter, unless e1ther party shall notify the other 1n writing not later than March 1,2002 (and March 1 of each subsequent year) that it desires to termlnate or modify this Agreement, and specifically ~ndicates requested modlfications. In the event that such not1.ce 1.S given, negotiatlons shall begin no later than Apr1.l 15 with a s~gned contract desired by July 1st. 1.04 C1.ty Councll Approval It is, however, the mutual understand1.ng of all the part1.es hereto that such Memorandum of Understanding is of no force or effect whatsoever unless or unt~l ratif~ed and approved by resolution duly adopted by the C~ty Council of the Clty of Santa Monica. -3- . . 1 05 Recognized Employee Assoclatlon Name The Public Attorneys Unlon (PAU) is hereby acknowledged as the Recognlzed Employee Organlzatlon representlng only the regular attorney employment position classifications, excepting the City Attorney and the Asslstant City Attorney, pursuant to Section 3.04 (c) of Ordinance No. 801 (CCS). It is the mutual understandlng of the parties hereto that acknowledgment of PAU: A. Does not preclude employees ln such employment position classifications from representlng themselves lndlvidually in their employment relatlons with the City; B Does not preclude or restrict the right of management officials to meet and consult with employees ln such employment posltlon classlflcations concerning their employment relatlons with the City 1.06 Scope of Representatlon The scope of representatlon of the Recognized Employee Organizatlon shall include all matters relatlng to employment conditlons and employer-employee relations including (but not llmited to) wages, hours, and other terms and conditlons of employment, except, however, that the scope of representatlon shall not include consideratlon of the merits, necessity, or organlzation of any service or actlvlty provlded by law or executive order and shall be exercised or performed in compllance with the provisions of Ordlnance No. 801 (CCS) 1.07 Full Understandlng, Modlflcation and Waiver The part~es agree that each has had full and unrestricted right and opportun~ty to make, advance, and d~scuss all matters properly w~thin the scope of representatlon as outllned in Sectlon 2.05 of Ordlnance No. 801 (ees). ThlS MOU constitutes the full and complete agreement of the parties and there are no others, oral or wrltten, except as speclfled ln thlS Agreement. Partles are not bound by any past practlces or understandings of either party unless such past practices or understandlngs are speclfically stated in thls MOU except that provisions or conditions not specifically changed in th1s or preV10US MOU's shall be as prescrlbed by the CiVll serV1ce prov1s1ons of the Santa Monica Mun1cipal Code. -4- . . 1 08 Management Rights Reserved The CltyAttorney retalns all rlghts not specifically modified or llmlted by thlS Agreement, including, but not limited to, the excluslve rlght to: A. Direct, supervise, hire, promote, suspend, dlscharge, transfer, assign, schedule, employees; discipline, and retain B. Relieve employees from dutles because of lack of work or funds, or under conditions where continued work would be inefflclent or nonproductive; C. Determine serVlces to performed, utlllzatlon budgetary mattersi be rendered, operations of technology, and to be overall D. Determine personnel conductedi the approprlate job classlflcations by WhlCh government operations are to and be E. Determine the overall mlSSlon of the unlt of government; F. Maintaln and improve the efflclency and effectlveness of government operations, G. Take any necessary actlons to carry out the mission of an agency ln situations of emergency. 1.09 Validlty of Memorandum of Understandlnq If any provision of this MOU is determined to be lnvalld or lllegal by a court of competent ]urlsdiction, then such provision shall be severed from this MOU, but the remalnder hereof shall remain ln full force and effect. The parties hereto shall lmmedlately commence to negotiate for the purpose of replaclng any such lnvalld or illegal provislon. Should any change be made in any Federal or State law, or ln any rules and regulatlons implementlng such leglslatlon, or ln any City Charter provisions or Civil Service Rule and Regulation WhlCh would be appllcable and contrary to any provlsion hereln contained, then such provlslon of thlS MOU shall be automatically terminated, but the remalnder of this MOD shall remain ln full force and effect. Such leglslation and/or rules and regulatlons shall supersede this MOU and applicable clauses shall be Substltuted for those ruled lnvalid or lllegal. The parties hereto shall immedlately commence to negotlate for the purpose of replaclng any such invalid or illegal provlsion -5- . . 1.10 Captions for Conven1ence The captions herein are for convenience only and are not a part of this MOD and do not in any way 11mi t, def1ne, or amplify the terms and provisions hereof. 1.11 Non-D1scr1m1nation and Equal Employment It 1S hereby agreed by the parties to thlS MOD that they will fully comply with all applicable local, State and Federal laws, rules and regulatlons prohibiting discrimination and govern~ng equal employment opportunl ty. The Affirmative Actlon Program and the Sexual Harassment POI1CY of the City of Santa Monlca are afflrmed by both partles to th1S MOD and incorporated by reference herein. Both part1es w111 abide by the requ1rements of the Americans with D1sab111t1es Act (ADA). Every City employee lS expected to respect the d1gnity of every other City employee and to refrain from any actlons, including the use of slurs or Jokes regarding sex, age, race, national or1g1n, rellgion, disabl11ty, or sexual preference/orientation whlch could be construed as harassment. Harassment of fellow employees lS a violation of C1ty policy. No employment decision shall be based on an employee's submisslon to or re]ect1on of such conduct. 1.12 Defln1tlons The following def1n1t1ons are to be applied in the interpretat10n of th1S MOD A. rrSalary Rangel1 shall mean the normal monthly pay scale (and the hourly or bl-weekly equivalent) assigned to each employment poslt1on classification wlthin the City work force. B. "Nearest Dollarll shall mean the next lower dollar in a monthly rate when the computed amount 1S forty-nlne (49)cents or less and the next higher dollar when the computed amount 1S fifty (50) cents or more. C T1Date of Entrance Ann1versaryTl shall mean the date which recurs annually after the date of entry into a 11ne-item posltlon covered by thlS MOD , elther by orlg~nal employment, re-employment or promot1on. The date of entrance for employees wlth broken service shall be consldered as the date on WhlCh the last unbroken service in the classification was effective. D. II Satlsfactory SerVlce" shall mean the at talnment of an Overall Rating of not less than "Satisfactory" on the -6- . . performance report associated w~th the employee's most recent date of entrance anniversary. E. nPayn shall mean compensat~on for regular hours worked, slck leave, bereavement leave, vacat~on, holidays, and/or jury duty. F. nrn Pay Status/{ shall mean earn~ng pay. G. "Completed Calendar Month of Service" shall mean a calendar month ~n wh~ch an employee has been in pay status for eleven or more working days. H. "Line-item posltlon" shall mean a position which is: (1) spec~f~cally itemized in the personnel schedule of the annual budget of the City of Santa Monica; and (2) el~gible to accumulate vacation, slck leave, and other time off in proport~on to the percentage of the full-t~me forty (40) hour work week Other fringe benefits shall be provided to part-time employees covered hereunder as if they were employed on a full-time basls I 11 Permanent Employees II shall mean: (1) A person who ~s legally an ~ncumbent of a 11ne-item pos~t~on, full or part-t~me; or (2) A former legal incumbent of a line-~te~ position on authorized leave of absence from a regularly budgeted position which positlon is held pending the employee1s return. The term "permanent employee" shall not be construed to ~mply a guarantee of continued employment, and employees covered herein are not subject to the CJ.v~1 Serv~ce provisions of the Mun~cipal Code and City Charter. J. "Full-Time Work Week" shall mean forty (40) hours. K. A nfull-timel1 employee is an ~ncumbent of a line-item posltion budgeted ~n the annual budget of the City of Santa Monica for a full-time work week L A llpart-time" employee is an incumbent of a line-~tem pos~tion budgeted in the annual budget of the Clty of Santa Monica for less than a full-t~me work week. A part-tlme employee shall be compensated in the same proportion as the number of hours budgeted for the -7- . . employee's position bears to the full-tlme work week. Compensatlon shall lnclude base salary, city-pa1d contributlons into the C1ty'S 457 plan (as set forth 1n Section 3.03 of th1S Agreement) and bilingual bonus. Any part-time employee covered herein who, as of June 30, 1995, was recelv1ng a higher proportion of the city-pa1d contributions into the City'S 457 plan than would be provided pursuant to this section shall continue to rece1ve the h1gher proportion as long as the employee continues to hold a position WhlCh 1S budgeted as a part-time posltlon ln the City of Santa Monica's annual budget Part-time employees shall accrue vacatlon, sick leave and other time off in the same ratio as the number of hours budgeted for the employee's position bears to the full-time work week With the exception of compensation and accrued leave time, as set forth In the precedlng paragraphs of this subsection, the part-tlme employee shall receive all other employee benefits as 1f he/she were employed on a full-tlme basis. M. "Work1ng Day II as used ln the sectlon of this Agreement pertalnlng to vacation accrual (Sectlon 4 02) and slck leave accrual (Section 4.03) shall mean eight (8) hours. N. "Compressed Work Schedule" shall mean a work schedule in which a full-tlme employee lS assigned to work a total of eighty (80) regularly scheduled work hours ln nlne (9), or less, days in a glven two-week (l.e., two work week) period. 1.13 Overpayment Remedy Permanent employees covered here1n shall re1mburse the C1ty for any overpayment of wages or benefits. Said re1mbursement shall not be requlred unt1l the Clty notifies the affected employee in writing. Re1mbursement may be accompl1shed by a lump-sum deduction made on the next subsequent employee payroll warrant followlng overpayment notlf1cation, or by other reasonable re-payment method mutually acceptable to the employee and the City, except that the lump-sum deductlon shall be requlred if the next subsequent employee payroll warrant 1S the final or termination warrant issued to the affected employee. -8- . . 1.14 Payments at Termlnatlon When permanent employees covered hereunder leave the service of the City of Santa Monica they shall be entitled to lump-sum payoff of vacation leave and unused Professional Leave days only No clalm shall be made against the Clty for the use or payment of compensatory time or unused sick leave, nor shall the effectlve date of terminatlon be extended by the use of compensatory tlme, slck leave, vacation or other leave days. -9- . . ARTICLE II: COMPENSATION 2.01 Effective Date of Pay Increase Notwlthstanding any other provision contalned herein, changes to the salary range and salary related benefit changes provlded herein shall become effective on the first day of the payroll perlod closest to the effective date stated herein. If the effective date stated herein falls on the Sunday in the mlddle of a pay period, the effective date shall be the flrst day of the following payroll perlod 2.02 Salaries Salaries of City employees covered herein shall be on a monthly rate, paid on a bl-weekly equlvalent basls. A. New hires shall be assigned to the classification and salary rate most appropriate for their education and experlence and for the nature of the work to be performed as evaluated by the City Attorney. B . Effective July 1, 1998, the monthly salary ranges In effect for the employees covered herein shall reflect a three percent (3%) general salary lncrease (also known as a cost of Ilving adjustment) and shall be as follows: Deputy Attorney I ABC D 4354 4864 5376 N/A E N/A Deputy Attorney II 5859 6318 6776 7235 7452 Deputy Attorney III 7960 8320 8694 9086 9488 C Effective the first day of each fiscal year (July 1st) whlle this agreement remalns in effect, the monthly salary ranges set forth in Subsection B of this section shall be adj usted to reflect the largest percentage salary increase (also known as cost of living adJustment) granted to all employees of any other bargaining unit by the City of Santa Monica for that same fiscal year, excluding the Santa Monica Pollce Offlcers' Association (SMPOA) and the Santa Monlca Fireflghters Local 1109, IAFF, by incorporatlon into the bargaining unit's Memorandum of Understanding (MOU) or otherwise, and Subsection B of this sectlon shall be adjusted to reflect the new monthly salary ranges. For the purposes of thls provislon, an equity adJustment granted to a speclflc job -10- . . classification shall not be cons~dered a salary increase (also known as a cost of living adJustment) D Normal progression through each salary range (i. e. I Deputy Attorney I, Deputy Attorney II and Deputy Attorney III) shall be in annual step ~ncrements contingent on satisfactory serv~ce. Advancement from Deputy Attorney I to Deputy Attorney II and Deputy Attorney II to Deputy Attorney III shall be considered a promotion rather than a step increase. Sald promotions shall be at the d~scretion of the City Attorney. E. An employee ass~gned as Chief Deputy of receive a superv~sorl s bonus of ten h~s/her annual base salary per year, become part of the employee1s base pay. be paid on a b~-weekly basis. a divis~on shall (10) percent of which does not ThlS bonus wlll 2.03 Overtime Employees covered herein are exempt employees under the professional employee exemption of the Fair Labor Standards Act (FLSA) as it may be applicable to public agency employees. As a result, employees covered herein wlll not have to account for their work time on an hourly basis and will only need to account for each full day of absence which occurs on a regularly scheduled work day. 2 04 B~l~ngual Bonus Quallf~ed employees who meet the crlteria set forth hereln shall rece~ve a bllingual skill pay of f~fty dollars ($50.00) per month. To recelve bilingual pay the following crlteria must be met: 1. The employee must be assigned to speak or translate a language in additlon to Engllsh. ThlS may include specialized communlcation sk~lls such as s~gn language. 2. An employee must regularly utlllze such sk~lls during the course of thelr duties or upon request of Clty management. 3. In order to receive bllingual bonus, an employee must be certif~ed as qualified by examination administered by the Personnel Department An employee who has not been certlfled and qualified and is not receiving blllngual skill pay wlll not be required to utlllze this skill except in an emergency s~tuation. -11- . . If an employee qualifies for bllingual bonus for Spanlsh and is requlred to regularly use said skill during what are determined by the Personnel Department to be emergency or emergency-related sltuatlons, he/she shall receive an addltional flfty dollars ($50.00) per month, for a total of one-hundred dollars ($100.00) per month. 2.05 Y-Rating When a personnel act lon, e. g. / demotion due to layoff or reclassificatlon, results ln the lowering of the lncumbent employee1s salary range, the lncumbent employee's salary may be Y-rated. "Y-rated" shall mean the malntenance of the incumbent employee's salary rate at the level effective the day preceding the effective date of the personnel action placing the employee ln a lower salary range. The employee's salary shall remain at such level until the salary range of the new classificatlon equals or exceeds the Y-rated salary. / -12- . . ARTICLE III: SUPPLEMENTAL BENEFITS 3 01 Health Insurance Programs A. Medlcal Insurance Effectlve July I, 1998, the Clty agrees to pay up to a maXlmum of $475 per month towards the cost of medlcal insurance coverage for employees and ellgible dependents provided that employees covered herein participate in the City-offered medical lnsurance programs. The cost of medical insurance coverage will be set at the beginnlng of each medical plan year and will be a II composi te II monthly insurance premlum derlved by dividlng the total monthly premium for all medlcal plans offered by the Clty, except the PERS PORAC medlcal plans or any other PERS medlcal plans, by the total number of employees enrolled ln sald medical plans as of the beglnning of the medlcal plan year. Any extra premium payment above $475.00 required under any of such plans shall be pald through payroll deduction by the employee electing such coverage. Effectlve July I, 1999, and each July thereafter, the maXlffium amount up to which the Clty agrees to pay towards the cost of medical insurance coverage will be equal to the highest medical lnsurance premium contrlbution cap established for any of the City's other bargaining units for that fiscal year, excluding any premlum contribution cap established for the PERS paRAe medical plans or any other PERS medical plans The same terms and condltions outllned in the first paragraph of thlS Bectlon shall still apply. This provlsion shall rollover to the same extent as the entlre MOU rolls over. In the event that the contribution II cap II does not cover the cost of medical insurance coverage for employees and ellgible dependents, the City agrees to meet and confer with PAD. The Clty and PAU agree that employees should beneflt from any premium savlngs WhlCh accrue from the implementation of a new health lnsurance program (Trlple Option Plan) in 1994 The following procedure wlll be utillzed to determlne savlngs, lf any, and ln the event of savlngs, how sald savlngs wlll be dlstrlbuted. (1) The actual medical insurance premlum costs for 1993 for non-safety employees shall be compared against the City's actual premium costs for the new Trlple Option Plan for those same employees. -13- . . (2) If there should be any premium savings between 1993 and 1994, each employee's share of the savlngs will be determined by dividing the total amount of the savlngs by the total number of City employees (non- safety) partlcipating In the City 's medlcal insurance program. Each employee's share of any savings will be paid to the employee by no later than March 1, 1995. Prior to this payment, the City will meet and confer wlth PAD and the other Clty bargaining units to determlne the method by which sald payment will be made (e g., lump sum, contrlbutlon to deferred compensation plan, etc.). In the event the medical insurance premiums for the Triple Optlon Plan for 1995, and any subsequent calendar year, should be less than the actual City medlcal insurance premiums for 1993, the savings will be handled In accordance wlth the same procedure outlined above, with the payment being made to the employees by no later than March 1 of the following calendar year. The Clty shall make no changes to this Triple-Option plan (such as changing lnsurance carrlers or the number or nature of plans offered) without first meetlng and conferring wlth PAU. B. Dental Insurance Dental lnsurance coverage shall be provlded at no cost to employees and their ellglble dependents provlded that employees covered hereln partlclpate in the City-offered dental insurance programs. C. Vision Insurance The Clty agrees to continue to provide vislon care lnsurance, at no cost, to employees covered herein. The City retalns the rlght to select the provider and to set the levels of coverage for said vision care insurance plan. The City also retalns the rlght to change the provider of said vision insurance plan and/or the level of beneflts provlded under the plan without meeting and conferrlng. 3.02 Retlrement The City is a contract member of the Public Employees I Retlrement System (PERS), and It is understood and agreed such membershlp wlII be maintained and that employee eligibillty, classlflcation, contributlon, and benefits are as prescribed In the contract between the City and the Publlc -14- . . Employees' Retirement System heretofore approved by the Santa Monlca City Councll. The City shall pay on behalf of each employee covered by this Agreement an amount equal to one hundred percent (100%) of the individual employeefs share of the required retlrement contributions to PERS (i.e, 7.0% of the employee's IIcompensatlonrr as defined by law) . These payments are not lncreases of salary and no salary range appllcable 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 Cl ty will not treat these payments as ordinary lncorne and thus wlll not wlthhold Federal or State lncorne tax therefrom The Clty'S practlce will be to report these payments as being those of the employees 80 that they will be credited to the particular employee f 8 lndi vidual account with PERS and upon termlnation wlll belong to the employee. It lS agreed that lf State and/or Federal procedures requlre reporting of these payments ln any other manner, the parties will ablde by such requlrements. In addition, PAD shall have the optlon of havlng the Clty lmplement what is referred to as the PERS on PERS optlon, whereby the Clty of Santa Monlca, as allowed by Government Code Sectlon 20636(c) (4), would report to the Public Employees' Retlrement System (PERS) as compensation earnable the monetary value of normal contributions paid by the City on behalf of each employee covered by this MOD (hereinafter referred to as the EPMC) pursuant to the provisions of Sectlon 20691 of the Callfornla Government Code, as described above in this Sectlon. In return, for employees covered herein, there shall be deducted from the net lncome of each employee the added cost to the Clty resul tlng from paying employer and employee retirement contributions on the EPMC, whlch is an amount equal to the product obtained by multlplying the value of the EPMC by a percentage equal to 7% plus the Clty'S prescrlbed contrlbution rate to PERS (which lS subj ect to annual adJustment). If PAD elects to have the Clty implement the PERS on PERS optlon, as lndicated by written notiflcation from PAD to the Clty, the PERS on PERS option will be lmplemented as soon as it is possible to do so within the constralnts of the CltylS payroll system. 3.03 Supplemental Retirement Plans The City has establlshed and maintains a deferred compensatlon plan pursuant to the provislons of Section 457 of the Internal Revenue Code of 1986, as amended. Each employee covered hereln, at hlS or her sole discretion, may defer and have -15- . . deposited lnto the City's 457 plan a portlon of his or her compensation up to the maximum amount permitted by law. The clty-pald contributlon of four hundred dollars ($400) per month on behalf of each employee covered herein, includlng any part-time employee covered by this Agreement as of June 30, 1995 who is eligible to receive the clty-paid contrlbution of $400 per month lnto the City's 457 plan, as defined in Bectlon 1.12 of this Agreement, shall be discontlnued upon the establlshment of a 401(a) plan, as described in the followlng paragraph of this section. For part-tlme employees who were elther hired or transferred lnto a part-tlme position after June 30, 1995, the Clty shall contrlbute two hundred dollars ($200) per month on behalf of each employee into the Cityts 457 plan Effective as of the earliest possible date following ratificatlon of this Agreement by both parties, the City shall establish and maintaln a penslon plan pursuant to the provisions of Section 401(a) of the Internal Revenue Code of 1986, as amended. The Clty shall contribute four hundred dollars ($400) per month into the 401(a) plan on behalf of each full-tlme employee covered herein and any part-time employee who quallfles for a contributlon equal to that of a full-time employee, as defined ln Sectlon 1.12 of this Agreement. Each employee who lS partlcipating In the 401(a) plan shall contribute seventy-five dollars ($75) per month lnto the 401(a) plan. In additlon, effectlve January 1s~ of any subsequent calendar year in wh~ch thlS Agreement ~s in effect, PAD may elect to implement a dlfferent mandatory employee contribution lnto the 401 (a) plan by providing notice to the City of lts desire to do so at least three (3) weeks prior to the beginnlng of the calendar year. Mandatory employee contribut~ons shall meet the requlrements of the Internal Revenue Code. 3.04 Mileaqe Re~mbursement Reimbursement to employees for authorized use of personal automoblles on Clty business shall be at the rate establlshed by the C~ty Counc~l. 3.05 Bar Dues The City shall pay each attorney1s Californla State Bar dues required to practlce law in the State of California. The Clty shall also pay for one local bar associatlon dues at each attorney's option. -16- . . 3 06 Professional Development Employees covered here~n shall be eligible to recelve re~mbursement for registration at legal semlnars and tra~nlng sessions, inclus~ve of reasonable travel, parking or accommodation expenses, provided that the seminar or training meets the follow~ng crlter~a, as determined by the City Attorney: 1) is related to the pract~ce of municipal law ln an area of law pertaining to the employee's work dut~esi and 2) the cost of the tralning is reasonably related to the beneflt of the tralnlng to the CitYi and the employee has received the prior approval of the City Attorney for said reimbursement. Training tapes and/or books or pamphlets may be acqulred under the terms of this Section provlded that such materlals remain the property of the City. Each employee covered under this Agreement shall be required to attend at least one (1) professional development or training session per each f~scal year. In addlt~on, the City w~ll provide employees covered herein wlth opportunlt~es to meet whatever mandatory requirements are established by the Callfornla State Bar wlth regard to contlnulng educatlon elther by paYlng the cost of required courses or through offering self-dlrected studles. 3.07 Long Term Disab1llty Insurance The Clty will contlnue to offer employees covered hereln participation 1n a long term dlsability plan provided at Clty expense. As of the f1rst of the month following ratlfication of this Agreement by both partles, the C1ty agrees to modify the current long term d~sabllity insurance plan to provide long term disab1llty lnsurance benefits which will be equal to 60% of either the employee r s base salary or $8,200.00 per month, whlchever amount lS less, reduced by the employee's income from othe~ sources. 3.08 Sick Leave Buy Back Each employee covered hereln has the annual opt1on to be pald for certaln unused slck leave on the terms noted below or to "bank" unused slck leave. Payment at the employee I s base salary for the fiscal year durlng which the slck leave was earned but not used, excluding any speclal assignment or bonus pay, shall be made only to employees on the payroll as of June 30 of that flscal year. Annual slck leave payoffs under this Sectlon for employees wi th less than ten (10) years of serVlce shall be made accordlng to the following schedule: -17- . . Sick Leave Days Used In the Fiscal Year Sick Leave Days Payable At Fiscal Year End 2 or less 3 4 5 6 7 8 or more 6 5 4 3 2 1 o Annual s1ck leave payoffs under this Section for employees w1th ten (10) or more years of serV1ce shall be made according to the followlng schedule, provlding there are enough sick days accrued in the employeets slck leave bank to cover the payoff described below' Sick Leave Days Used In the Fiscal Year Sick Leave Days Payable At Fiscal Year End 2 or less 3 4 5 6 7 8 9 10 11 12 13 14 or more 12 11 10 9 8 7 6 5 4 3 2 1 o It 1S mutually acknowledged by the parties that the use of Code 40 or other tlme off not appropriately scheduled in advance will disqualify an employee from el1glbility for payment under this Sectlon Sick leave for wh1ch payoff 1S received shall be consldered l1usedlt in that it will not be added to the Itbanklt (or if added to the "bank" prlor to the payoff date shall be removed from the It bank ") . 3.09 Term Life Insurance The Clty agrees to maintaln at no cost to the employee a term Ilfe insurance plan for permanent employees covered hereln, with lndividual coverage of tWlce the employee's annual base salary, -18- . . ARTICLE IV LEAVES 4.01 Paid Hol~days Employees occupy~ng the l~ne-item posit~ons covered herein shall rece~ve pa~d holidays as follows: New Year1s Day Mart~n Luther K~ng's Birthday Washington's Birthday Th~rd Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Thanksgiving Day Fourth Thursday in November The Fr~day following Thanksg~v~ng The half-day ~mmediately before Chr~stmas Day Christmas Day December 25 The half-day immed~ately before New Year's Day One (1) cashable floating holiday One (1) non-cashable float~ng hol~day All other holidays declared by the City Council January 1 Third Monday ~n January The float~ng hol~day becomes available at the beg~nning of each fiscal year and must be taken before the end of that fiscal year. Only those employees who are on the payroll at the beginn~ng of the fiscal year shall be ent~tled to rece~ve the cashable float~ng hol~day for that fiscal year. If the floating holiday ~s not taken by the end of the f~scal year, ~t shall be paid to the employee on the final paycheck at f~scal year end. A float~ng holiday which is cashed out at the end of the fiscal year shall be paid in an amount equal to eight (8) hours at the employee's stra~ght-t~me base salary rate of pay. A non-cashable float~ng hol~day becomes ava~lable as of January 1. Only those employees who are on the payroll as of January 1 shall be ent~tled to receive the non-cashable float~ng hollday for that fiscal year. The non-cashable floating holiday must be taken before the end of the fiscal year. If the non-cashable holiday is not taken by the end of the fiscal year I the holiday cannot be cashed out and is forfeited. WheneVer any day listed here~n as a paid holiday falls upon the f~rst or second day off of any employee who has two (2) consecut~ve days off, the day preced~ng shall be deemed the holiday if l t falls on the flrst day off, and the day following shall be deemed the hol~day if ~t falls on the second day off in l~eu of the day listed. Whenever any day -19- . . llsted herein as a paid holiday falls upon any day off of an employee who does not have two (2) consecut1ve days off, the following day shall be deemed the holiday for such employee. 4.02 Vacation Leave Each employee occupying a regularly authorized full-time position or a permanent and continuing part-time posit1on 1n any employment classlf1cat1.0n covered here1.n shall accrue vacatlon leave with pay on the following basls: A. Following complet1on of the first SlX (6) calendar months of continuous serV1ce, six (6) working days. B. Thereafter, up to and 1ncluding f1ve (5) completed years of service, one (1) worklng day for each completed calendar month of service. c. Thereafter, up to and 1ncluding ten (10) completed years of serVlce, one and one-quarter (1.25) working days for each completed calendar month of service. D. Thereafter, up to an lncluding flfteen (15) completed years of service, one and one-half (1 5) working days for each completed calendar month of service. E. Upon completion of fifteen (15) completed years of serVlce and thereafter, one and three-quarters (1 75) work1ng days for each completed calendar month of serVlce F. Except for permanent part-tlme employees, the total vacation accrual limit shall be three (3) times the employeers annual accrual. In the case of a permanent part-t1me employee, the total vacation accrual limlt shall be thlrty-six (36) days. 4.03 Sick Leave Sick leave shall be defined as in Sectlon 2.04 570 of the Santa Monica Municlpal Code, hereby incorporated as if set forth 1n full hereln, except that: A. Accrual of sick leave shall be as follows: (1) Followlng the completion of the first SlX (6) calendar months of continuous serVlce, six (6) work1ng days (2) Thereafter, one (1) worklng day for each completed calendar month of service. -20- . . B. Sick leave shall be defined as absence from duty because of the employee I s illness or off-the-Job injury, exposure of the employee to contaglous disease as evidenced by certlflcation from an accepted medical authority or med~cal or dental appointments of the employee which could not be scheduled durlng non-work hours with proper advance notice to the City Attorney 4.04 Leave of Absence Without Pay An employee may be granted a leave of absence without pay upon appllcation approved by the City Attorney and the City Manager. Such leave may not exceed one (1) year's tlme. Upon exp1ration of the leave, the employee shall be reinstated to the position held before the leave was granted. Such leave shall be granted only in those cases where an employee 's record of service and qualifications make it deslrable for the City to retain hlS or her services even at the cost of some ~nconvenience to the Clty. 4.05 Mllltary Leave An employee with a permanent clvil service status, who ln t~me of war or natlonal emergency as proclaimed by the President of the Unlted States or the Congress of the United States, or while any national conscriptlon act lS in effect, is lnducted into the armed forces of the Dnlted States or who leaves employment wlth the C1ty to enter voluntarily the armed forces and withln a reasonable tlme after leaving his/her employment with the City does enter such services, shall be granted a leave of absence wlthout pay for the duratlon of the period of acti ve service with such armed forces If such employee recei ves an honorable discharge or its equivalent and the position still eX1sts and the employee otherwise lS qual1fied to flll the same, the employee shall have a r~ght to return to the pos1tion wlth the C1ty withln SlX (6) months after the termlnation of such active service but shall not have a right to so return later than SlX (6) months after the end of the war or after the t1me the President or Congress proclalffi the nat10nal emergency 1S term1nated, or after the expiratlon of the natlonal conscriptlon act. Such an employee shall receive senlority and other credlts on the same basls as though the employee had remained 1n the City service and had not taken such military leave Leaves of absence with pay for temporary milltary duty shall be granted ln accordance with appllcable State laws. -21- . . 4.06 Workers' Compensatlon Leave Employees covered hereln hired prior to July I, 1985, who are entitled to recelve disability payments under the Workers' Compensatlon Act of Callfornia for on-the-job lnjuries sustained in the performance of the dutles of the employee's posltlon, shall recelve from the City durlng the first Slxty (60) days of such dlsablllty absence payments ln an amount equal to the difference between the disablli ty payments received under the Workers! Compensation Act and the employee's full salary. Such payments by the Clty shall be made without any deduction from accrued sick leave benefits. The City's obllgation to make such payments shall not commence until the third day of such disabllity absence. Employees covered herein, hlred on or after July I, 1985, shall be entitled to only those Workers r Compensatlon beneflts speclfled under State law, and shall receive no salary from the Clty during leave covered by the Workers' Compensation Act. 4.07 Jury Duty Employees covered herein, when duly called to serve on any Jury and when not excused therefrom, shall receive their regular compensation less all Jury fees recelved excluding mlleage for the time required to be spent on actlve jury duty. Each employee recelvlng a notlce to report for jury service shall immedlately notlfy his/her immedlate supervisor. The employee shall make every effort to cooperate with any request by the City Attorney or hls/her designee to request a delay in Jury serVlce to accommodate lmportant department work ln progress Whenever daily jury duty schedullng permits, employees shall return to their regular dally job assignment to complete thelr regular dally work hours. 4.08 Bereavement Leave Bereavement leave of not more than five (5) working days with pay shall be provlded for absence from duty due to the death of a member of the employee's lmmediate family, meanlng spouse, chlld, step child, brother, slster, parent, step-parent, parent-ln-Iaw, son-in-law, daughter-ln-Iaw, sister-in-law, brother-in-law, step-parent, step-brother, step-slster, grandparent, grandchild, spouse of child, spouse of step-child, step-parent of spouse, uncle, aunt, nlece or nephew In addltion, bereavement leave of not more than five (5) working days with pay shall be provlded for absence from duty due to the death of any member of the employee's household. -22- . . 4 09 Parental Leave Employees who demonstrate that they have primary respons1b1l1ty for the care of a new child who requires constant parental supervlsion shall be entitled to a leave of absence totaling four (4) months 1mmediately following the child's b1rth or adopt1on and shall be returned to the same job classificatlon occupied prior to the leave upon 1ts expiration Paid vacatlon leave or sick leave, if applicable, as well as unpaid leave shall be counted toward the four (4) month total. Paid slck leave can be used only if the requ1rements of this MOU or Sectlon 2.04 570 (Sick Leave) of the Santa Mon1ca Municipal Code are met. Add1tional leave may be requested under the provisions of this MOU governlng leaves of absence without pay (Section 4.04). Maternity leave lS not the same as parental leave and shall be adm1n1stered 1n accordance with State and Federal law 4.10 Profess1onal Leave As part1al recognltion of the sensitive and demanding nature of the employee-employer relationship as regards employees covered hereln, the City hereby agrees to grant to each employee covered herein eight (8) profess1onal days off w1th pay to all such employees with less than fifteen (15) years of service. An add1tlonal profess1onal day [total of nine (9) days] shall be granted to all covered employees with fifteen (15) or more years of service. Professional days shall be earned in increments with flve (5) nays ava1lable July 1 of each flscal year and three (3) addit10nal days ava1lable January 1 of each f1scal year. Employees with nlne (9) days shall earn the extra day as of January 1 of the fiscal year. Unused professional leave days may be pald to the employee 1f he/she records them on the final tlme card of each fiscal year or 1n such other pay period required by the Payroll Divlsion of the Finance Department. Unused cashable professional leave days paid to the employee at the end of each flscal year shall be paid on the basis of eight (8) hours pay, at the employee's base salary rate of pay, for each professional leave day eliglble for payoff. In add1tlon to the cashable professional leave days described above, each employee covered herein shall be entitled to two (2) non-cashable professional leave days. The two (2) non- cashable profess1onal leave days shall be earned 1n increments with one (1) day available July 1 of each year and one (l) additional day available January 1 of each flscal year. These two (2) non-cashable professional leave days shall not be accruable from year to year lf not used in any glven fiscal -23- . . year, nor shall the employee be compensated for unused non- cashable professional leave days at the end of the flscal year. Any unused non-cashable professional leave day (s) shall be forfelted at the end of the flscal year. Each employee covered herein who is requlred, by the scheduling requirements of the court system, to work Monday through Friday of each calendar week, shall be entltled to receive five (5) additional non-cashable professional leave days over and above those described above. The flve {5} addi tlonal non-cashable professional leave days shall be earned in increments with three (3) days available July 1 of each year and two {2} addltional days available January 1 of each fiscal year. These fl ve (5) additional non-cashable professional leave days shall not be accruable from year to year If not used in any glven flscal year, nor shall the employee be compensated for unused non-cashable professional leave days at the end of the fiscal year. Any unused non- cashable professional leave days shall be forfeited at the end of the fiscal year. In the event that the Clty Attorney1s Office places an employee who would normally be requlred to work Monday through Friday as of result of the schedullng requlrements of the court system on a compressed work schedule, sald employee would no longer he entitled to recelve addltional non-cashable professlonal leave days once his/her work schedule has been changed 4.11 Family Leave The Clty hereby agrees to implement family and medical leave in accordance with the Callfornla Family Rights Act (CFRA) and the federal Famlly and Medical Leave Act (FMLA) for all employees covered hereln. These statutes shall supersede and be lmplemented in lieu of any contract language or City pollcy/practice which provldes a lesser beneflt. Before the lssuance of any administratlve regulations pertalning to leave under the CFRA or FMLA, the City agrees to discharge its meet and confer obllgatlon wlth PAD. -24- . . ARTICLE V: WORKING CONDITIONS 5.01 Safety The Clty shall provlde a reasonably safe and healthy worklng environment in accordance with applicable State and Federal laws and regulatlons. The Recognized Employee Organlzation agrees that where safety devlces or items of protectlve equlpment are requlred or furnlshed, their use shall be mandatory. It 18 mutually agreed that a representative of the Recognized Employee Organization may attend meetings of the Admlnistrative Safety Committee when, in the oplnion of such representatlve, a safety hazard exists which should be consldered by the Safety Commlttee. 5.02 Employee Parklnq It is hereby agreed that the Clty wlll make every effort to malntain free parklng as it presently exists for City employees at City facillties. The employees covered by thlS Agreement recognize that the City must comply with Regulation XV lssued by the Air Quallty Management Dlstrict (AQMD) and the city.s Transportatlon Management plan Ordinance. If the use of positlve incentives does not result ln the City meetlng the compllance requirements of AQMD I S Regulation XV withln one (l) year of the effective date of this Agreement, lt 1S understood that the City can implement a charge for employee parklng ln an effort to meet those requlrements. In addltion, lf it should become necessary to charge for parklng during the term of this Agreement in order to comply with any other local, State or Federal requirements regarding transportation management, the Clty can implement said charge. However, ln no event shall the Clty implement such a charge for parklng without meeting and conferring with PAU should any employee (s) represented by them be subject to such a charge. 5.03 Performance Evaluations And Effect Of Job Performance On Salary A. The City Attorney or his/her designee shall evaluate in wrlting the performance of employees covered herein on the following schedule. 1. Once at the concluSlon of the first SlX (6) months of employment. 2. At the conclusion of the flrst year of employment -25- . . 3. Annually thereafter on or about the employeers date of entrance anniversary. If the City Attorney or hls/her deslgnee fails to conduct a performance evaluation on or before lts due date, the employee shall advlse the Clty Attorney 1n writing that the evaluation is past due. The City Attorney or his/her designee shall complete the evaluation wlthln fifteen (15) days of sald written notice and any step 1ncreases tied to the evaluation shall be retroactive to the pay period ln which the evaluatlon was originally due. B. The City Attorney may authorize one or more salary step increases above the normal salary progression, as outllned ln subsectlon D of Sectlon 2.02, and/or promotlon to Deputy Attorney II or Deputy Attorney III. The City Attorney shall consider the employee's product1vity, quality of work and equity of the employee's pay when maklng a determinatlon as to whether or not an employee merits such an increase. Prlor to, or contemporaneous wlth, the employee's annual performance evaluation, the employee may submlt a wr1tten request that he/she be considered for a multlple step increase and/or promotion. C. An overall BELOW SATISFACTORY or NOT ACCEPTABLE rating may be given on the employee's prescribed perlodic performance evaluatlon 1f the employee is rated BELOW SATISFACTORY or NOT ACCEPTABLE in one or more essential job functlons, as established by the Clty Attorney, or in the employee's Job performance taken as a whole. Notwlthstand1ng any provislon contained hereln, there will be no lncrease In wages of any kind as a result of a less than satisfactory rating ln one or more essential Job functions, as established by the City Attorney, or in the employee's Job performance taken as a whole. There will be no subsequent increases 1n wages untl1 the less than satisfactory rating In an essentlal job funct10n or the employee t s job performance taken as a whole has lmproved to at least the SATISFACTORY level. An employee who receives a less than sat1sfactory rat1ng in an essential job funct1on, as established by the C1ty Attorney, or 1TI the employee's overall job performance taken as a whole shall receive a follow-up evaluation in six (6) ITonths to assess progress 1n correct1ng performance problems. A follow-up evaluation 1n which the performance ratlng in the essent1al Job function or 1n the employee's overall jOb performance taken as a whole is st111 less than satlsfactory may, at the sole discretion of the City Attorney, result in d1scipl1nary action, includ1ng demotion or termination. -26- . . An employee who receives an overall performance evaluation rating of BELOW SATISFACTORY or NOT ACCEPTABLE may request rev~ew of the ratlng by a panel consisting of the Ass~stant City Attorney, Chief Deputy Attorney of the employeers divislon and a third Deputy Attorney of the employee1s choice who shall rev~ew the rating and make recommendations to the C~ty Attorney ln wr~t~ng. The C~ty Attorney shall cons~der the recommendat~ons of the panel and respond with h~s/her final decision including reasons, in wr~ting D. An employee who rece~ves an overall performance rating of ABOVE AVERAGE or better on h~s/her annual performance evaluation shall be el~gible to receive a cash payment of between one (1) to f~ve (5) percent of the employee's annual base salary. The assessment of the lndividual's ent~tlement to th~s cash payment shall be based on the employee's Job performance durlng the precedlng year In deciding whether to award such a bonus payment to an ellgible employee and, ~f so, in what amount, the C~ty Attorney shall consider the employee's productivity, quality of work, and equity of the employee's pay. Said payments shall be regarded as one-time bonuses and shall not be cons~dered base salary in computlng subsequent salary adjustments. If allowed by the PERS regulat~ons, such payments shall be considered subject to PERS contributions. The bonus payment, if any, shall be made wlthin thirty (30) days of the date on which the employee receives his/her performance evaluatlon and shall be based on the annual base salary in effect on the employee's ann~versary date. In addition, an employee who has reached the maXlmum base salary establlshed for a Deputy Attorney III position and who has been at that salary step for at least one (1) year and whose most recent performance rat~ng is overall ABOVE AVERAGE or better shall be eligible on his/her anniversary date to recelve a cash payment of five (5) percent of hls/her annual base salary. The rating upon WhlCh thlS payment shall be based shall be the assessment of the indlvidual conducted in the preceding year, pursuant to thlS Sectlon of the Agreement. Said payments shall not be considered base salary in computing subsequent salary adjustments but, ~f allowed by the PERS regulations, shall be subject to PERS contributlons. The bonus payment, lf any, shall be made w~thin thirty (30) days of the date on which the employee receives hls/her annual performance evaluat~on and shall be based on the annual base salary ln effect on said anniversary date. -27- . . 5.04 Employment Separatlons A Reductlons in Force PAU, and each affected member of PAUl shall be provided thirty (30) days' actual, written notice of any reductlon in force (1 e I layoff resulting from a reduction of the number of Deputy Clty Attorney positlons budgeted in the Clty's Adopted Budget) by the abolition of any position(s) held by non-temporary employee(s). No employee shall be termlnated pursuant to this provislon prlor to eXplratlon of the notlce period -28- . . ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS 6.01 Payroll Deduct~ons It is mutually understood and agreed that the C~ty, subject to the provisions of Ordinance No. 801 (CCS) and dur~ng the term of this MOU, shall deduct and rem~t to the office or off~cer designated in the employee payroll deduction author~zation recognized employee organizat~on dues, credit union ~nvestments or payments, health and hospital~zat~on insurance prem~ums, and l~fe and acc~dent insurance programs 6.02 Reasonable Notice A copy (via the United States Postal Serv~ce) of the C~ty Counc~l and/or Personnel Board agenda for each meeting ma~led to the authorized representat~ve of the Recognized Employee Organizat~on shall constitute reasonable written notice, and notice of an opportunity to meet with such agencies, on all matters within the scope of representat~on upon wh~ch the City Counc~l or Personnel Board may act. 6.03 T~me Off For Assoclation Bus~ness Authorized Association representatives shall be allowed to util~ze a total of forty (40) hours of time off with pay during each calendar year to conduct necessary Association business. These forty (40) hours per annum represent the aggregate maximum use for all author~zed representat~ves of the Associat~on per annum. 6.04 Grievance and Complaint Policy In the event any grievances, d~sputes or disagreements arise concern~ng the matters w~thin the scope of representat~on of the Recognized Employee Organ~zation, such grievances, d~sputes or disagreements shall be resolved as follows: Grievances, d~sputes or dlsagreements concerning the interpretation or appl~cation of the terms of this MOD shall be resolved, if possible, by meet~ng and conferring in good faith. If unresolved by such meetings with~n five (5) working days the parties shall consider submitt~ng such issues to med~ation as provided by Qrdlnance No. 801 (CCS). If e~ther party cannot agree to mediation within five (5) worklng days, the parties shall then select a grievance board made up of one (l) representatlve of PAU, one representative from management, -29- . . and a thlrd who shall be a member of the State Conciliation Service who shall also act as chairperson. The decision of the board shall be binding subject to approval of the City Council. -30- . . IN WITNESS WHEREOF, the partles hereto have caused thls Memorandum of Understanding to be executed this 9th day of June , 1 9 99 . PUBLIC ATTORNEYS UNION CITY OF SANTA MONICA ~.. ..~//~ ' /c:;/"<. ~~avla Armst fl/~t~~ Aaam Radlnsky ~ '-} PAU Representatlve ~~. Clty Manager B~OS~ PAU Representatlve nuUA~~ M~rsha Jonp~ Moutrle Clty Attonky ATTEST: ~~~ City Clerk APPROVED AS TO FORM: !PAU ~10':; 1996-2C-C.t") -31- 4:..~ ....;