R-9448 (2)
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RESOLUTION NO 9448(CCS)
(CITY COUNCIL SERIES)
AMENDMENT TO THE
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF SANTA MONICA, CALIFORNIA
AND
PUBLIC ATTORNEYS' LEGAL SUPPORT STAFF UNION
WHEREAS, the Memorandum of Understanding between the City of Santa Monica
and the PubliC Attorneys' Legal Support Staff Union (PALSSU) has been In effect since
July 1, 1998 and
WHEREAS, the City of Santa Monica and PALSSU Wish to modify Sections 1 05,
1 13, 2 02, 2 03, 5 03 and 5 04 of the eXisting Memorandum of Understanding,
NOW, THEREFORE, both parties to the Memorandum of Understanding between
the City of Santa MOnica and PALSSU agree to modify the eXisting Memorandum of
Understanding to replace Sections 1 05, 1 13 (paragraph 1 of subsectIon G only), 202
(subsection A only), 2 03, 5 03 and 5 04 With the follOWing language
Section 1 05
Recognized Employee ASsOciation Name
The Pu bllc Attorneys' Legal Su pport Staff Union (PALSSU) IS hereby acknowledged
as the Recognized Employee Organization, pursuant to Section 304(c) of
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Ordinance No 801 (CCS), representmg the Job classifications of Community
liaison, Consumer Affairs SpecialIst, Legal Assistant, Legal Secretary, Paralegal,
and Receptionist.
As of July 1 , 1998, the Job classifications of Legal Administrative Staff Assistant and
Office Administrator wIll no longer be represented by PALSSU and will be covered
by individual employment agreements
It IS the mutual understanding of the parties hereto that acknowledgment of
PALSSU
A Does not preclude employees In such Job classifications from representIng
themselves Individually In their employment relations with the City,
B Does not preclude or restrict the nght of management officials to meet and
consult with employees In such Job classifications concerning their
employment relations with the City
Section 1 13 Definitions
G "Hours of Work" the full-time work week shall be defined as forty (40) hours
(1) Incumbents of Job positions employed In a work week less than that
defined as the full-tIme work week shall be compensated In that
proportion of the compensation for full-time employment as the
number of hou rs budgeted for that pOSition bears to the full-time work
week, Incumbents of Job pOSitions employed In a work week greater
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than that defined herein shall be compensated for hours In excess of
the full-time work week on the basIs of and In accordance with the
provIsions of Section 2 03 herein relating to overtime Compensation
shall Include base salary and any other bonuses or skill pays proVided
by this Agreement
Section 2 02
Salaries
A As of June 30, 1998, the salary ranges for the pOSitions covered herein are
as follows
Community liaison $3,562 - $4,397
Consumer Affairs Specialist $3,740 - $4,617
Legal ASSistant $3,241 - $3,995
Legal Secretary 53,216 - $3,964
Paralegal $3,216 - $3,964
ReceptiOnist $2,217 - $2,737
As of July 1, 1998, the base salaries of employees covered herein shall be
Increased by three percent (3%)
As of July 1, 1999, the base salanes of employees covered herem shall be
Increased by a minimum of two percent (2%), OR, If higher, by an amount
equal to the percentage Increase In the "cost of liVing" Index as measured by
the Consumer Price Index (for Urban Wage Earners and Clerical Workers,
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1967 = 100) for Los Angeles-Anahelm-Rlverslde, California, published by the
U S Department of Labor, Bureau of Labor Statistics, for the base period of
April, 1998 to April, 1999 However, In no event shall said adjustment
exceed four percent (4%)
In the event a higher percentage general salary Increase (also known as a
cost of liVing adjustment) IS granted to all employees of any other bargaining
umt by the City of Santa MOnica for the FY99-00 fiscal year, excluding the
Santa Monica Police Officers' ASSociation (SMPOA) and the Santa Monica
Firefighters, Local 1109, IAFF, employees represented by PALSSU shall be
granted the hIgher percentage salary Increase For the purpose of this
provIsion, an eqUity adjustment granted to a specific Job classification
represented by a bargaining unIt shall not be considered a general salary
Increase (also known as a cost of liVing adjustment) for that bargaining Unit
Section 2 03 Overtime
Overtime for employees who are regularly assigned to a five (5) day, eight
(8) hours per day work week, and for permanent part time employees who
regularly work less than eight (8) hours In one day and forty (40) hours In one
week shall mean work by employees occuPYing line-Item posItions covered
herein In excess of eight (8) hours In one (1) day or forty (40) hours In one
week, proVided such hours of work have had the prior approval of an
authOrized supervisor Overtime for employees regularly assigned to a work
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day In excess of eight (8) hours or a work week In excess of forty (40) hours
shall mean work In excess of the regularly scheduled numberofhours In one
(1) day or In excess of the regularly scheduled hours In one (1) week,
provIded such hours have had the prior approval of an authorized supervisor
Except that overtime for all employees not classified as exempt under the
requirements of the Fair Labor Standards Act (FLSA) shall mean work In
excess of forty (40) hours In one (1) week, provided that such hours of work
have had the prior approval of an authorized supervisor Should the Fair
Labor Standards Act be amended to change the definition of overtime for
said employee(s), thiS Section shall be amended to reflect those changes
All authorized overtime shall be compensated for by cash payment based
upon one and one-half (1-1/2) times the hourly rate equivalent of the
employee's monthly salary computed to the nearest one-tenth (0 10) of an
hour, except that an authorized supervisor may grant compensatory time off
at time and one-half (1-1/2) for such overtime to a maximum of forty (40)
hours In any fiscal year Such compensatory time off must be taken off
dunng the fiscal year In which It IS earned Such time shall not be taken,
however, In conjunction with vacation leave
Any compensatory time off not taken off dUring the fiscal year Will be paId off
at the applicable rate of pay, as of June 30
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Section 5 03 Performance Evaluations
The partIes hereto agree that one purpose of a performance evaluation IS to
record the accomplishments and deficiencIes of an employee's Job
performance An employee will be given notice In advance of his/her
performance evaluation If there are performance Issues which would result
In an overall performance rating of less than satisfactory An employee
covered herein can request the presence of someone else dUring a
diSCUSSion regarding his/her performance
In addition, the performance evaluation IS an opportUnity for the employee
and supervisor and/or DIVISion Head to diSCUSS the employee's Job
performance as well as his/her career development and/or goals within the
City, and what Job Improvements, If any, shall be achieved by the employee
dUring the next evaluation period
The employee's supervisor or DIvIsion Head shall evaluate the employee In
writing Such evaluation Will be submitted to and approved by the City
Attorney unless the City Attorney provides a written explanation to the af-
fected employee as to why the City Attorney disagrees With the evaluation
Those employees who are covered herein, but who are not members of any
divIsion In the City Attorney's Office, Will be evaluated by their supervisor, the
CIty Attorney, or his/her deSignee All employees Will be given reasonable
opportunity to diSCUSS said evaluations With the evaluator The evaluations
WIll be performed on the follOWing baSIS
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(a) Once at the conclusion of the first three (3) months of employment
(b) Once at the conclusion of the first SIX (6) months of employment
(c) Once at the conclusion of the first year of employment
(d) Once every year thereafter, with said performance evaluations to be
due three (3) weeks pnorto the employee's anniversary date wIth the
City
(e) Whenever an employee's performance substantially declines
If no evaluation IS completed on or before ItS due date, the employee shall
advise the City Attorney In wrltmg that the evaluation IS past due The City
Attorney shall complete, or cause the completion of, the evaluation Within ten
(10) days of said written notice and any merit Increase or merit pay tied to
the evaluation, as set forth In subsections D and E of Section 2 02 of thiS
Agreement, shall be retroactive to the pay period In which the evaluation was
originally due In addition, In the case of a ment Increase Within the salary
range for an employee who has not reached the maximum salary for his/her
pOSItion, If the performance evaluation on which said merit Increase IS based
IS late, the employee shall be paid Interest at the legal rate on the merit
Increase retroactive to the date on which the performance evaluation was
due In the case of merit pay for an employee who has reached the
maximum salary for his/her pOSition, If the performance evaluation on which
the merit pay IS based IS late and If the payment of the merit pay does not
occur Within thirty (30) days of the date when the evaluation was due, the
employee shall be paid mterest at the legal rate on the merit pay for the time
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penod between the 31 st day following the due date of the evaluation and the
date on which the employee receives his/her ment pay.
An employee covered herein who believes that the prescnbed evaluatIon
procedures have not been followed or that the evaluation does not
correspond to the facts should make a wntten complaint to the person who
prepared the evaluation within ten (10) days of receiving the performance
evaluation. If no satisfactory response IS received within five (5) days of filing
the complamt, the employee should Immediately forward the complaint to the
City Attorney If no satisfactory response IS received within five (5) days. the
employee shall have the right to submit a written rebuttal to the performance
evaluation and to have said rebuttal attached to and become part of the
employee's permanent performance evaluation
Section 5 04 Work Schedules
In those cases where a permanent employee desires to modify hIs/her work
schedule to accommodate specific work schedule needs of the employee
(e g . dependent care arrangements) that do not fall within the normal work
schedule established forthe employee's position, the employee shall submit
a request for a work schedule modification to his/her supervisor As long as
the operational needs of the Department and the City will stili be met, upon
approval of the supervisor, the employee's request shall be approved If It
should be later determined that the operational needs of the Department and
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the City can no longer be met with the employee's modified work schedule,
the employee shall receive at least thirty (30) days' notice that his/her
modified work schedule can no longer be continued In the event that the
employee cannot change his/her outside scheduling need to fit within the
regular work schedule established for his/her positIon, the City will make
every reasonable effort to place said employee In another lIke position where
the employee's specifiC scheduling needs can be accommodated While
nothing In thiS Section requires that the employee's modified work schedule
be granted or that the employee be transferred to a like position to meet the
employee's outside scheduling needs, requests shall not be unreasonably
denied
If an employee's request for a modified work schedule IS denied and If the
employee does not agree with the decIsion that has been reached f the
employee can gneve such deCISion under Section 6.03 (Grievance and
Complamt Procedure) ofthls Agreement. Failure to successfully transfer an
employee under thiS Section will not be grlevable
Except as expressly modified herein, all other terms and conditions set forth In the
Memorandum of Understanding between the City of Santa MOnica and the Public
Attorneys' Legal Support Staff Union shall remain In full force and effect
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IN WITNESS WHEREOF, the parties have executed this Modification to the
Memorandum of Understanding between the City of Santa MonIca and the Public
Attorneys' Legal Su pport Staff Union as of the date of the adoption of thiS modIfication by
City Council
PUBLIC ATTORNEY'S LEGAL SUPPORT
ST~Fr UNION
\J&u. )
Victor Vasquez
PALSSU Represen
CITY OF SANTA MONICA
);
Susan E. McCarthy
City Manager
d~~h~
Christine Hureskln
PALSSU Representative
11J~1-/lP
'--Deborah Freema~
PALSSU Representative
APPROVED AS TO FORM
ATTEST
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outne
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City Clerk \:.
(Pp.LSSU "'1OU a-ner='11e1t 1999i
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Adopted and approved this 28th of September, 1999
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\ Pam O'Connor, Mayor
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I, Marla M Stewart, City Clerk. of the City of Santa Monica, do hereby certify that
the foregOing Resolution 9448 (CCS) was duly adopted at a meeting of the Santa
MOnica City Council held on the 28th of September, 1999, by the follOWing vote
Ayes Council members
Rosenstein, McKeown, Feinstein, Bloom,
Holbrook, Mayor Pro Tern Genser, Mayor
O'Connor
Noes Council members
None
Abstain Council members
None
Absent Council members
None
ATTEST
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Mana M Stewart, City Clerk