R-9406
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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,
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOllOWS:
Section 1. The City Council of the City of Santa Monica does hereby
approve and authorize the City Manager to execute the Memorandum of Understanding
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]
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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;
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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
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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
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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
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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.
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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.
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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
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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
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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
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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.
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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.
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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
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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.
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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.
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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.
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(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
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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
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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.
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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:
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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,
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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
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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.
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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.
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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.
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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
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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.
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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
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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.
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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.
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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
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.
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,
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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.
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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")
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