R-8902
e e
RESOLUTION NO. 8902
(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 MUNICIPAL EMPLOYEES ASSOCIATION
WHEREAS, the City administration and representatives of the Municipal
Employees AssOciation have met and conferred under the terms of Ordinance No. 801
(CCS) and have reached agreement on a Memorandum of Understanding covenng the
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,
Including any amendments to said 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, and any amendments to said
Memorandum of Understanding, shall not be binding unless and until presented to the
governing body for determination; and
......-..
---.
...-
WHEREAS, the purpose of the Memorandum of Understanding, and any
amendments to said Memorandum of Understanding, IS to promote and provide
harmonious relations, cooperation, and understanding between the City and the
MunicIpal Employees Association;
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 amendment to the
Memorandum of Understanding executed by the MUnicipal Employees Assoclationj 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 FOAM:
r\ {
;i I '-r'
\~~j~~~N~It., '"'-->--
~lssistant City Attorney
IK,B "1.17"]
e
5.09 Promotion
5.10 Probationary Period
5.11 Wash-Up Period
5.12 Subcontracting
5. 13 Transfers
ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS
6.01 Payroll Deduction
6.02 Reasonable Notice
6.03 Association Security
6.04 Time Off for Association Business
6.05 Grievance & Complaint Procedure
6.06 Right to Association Representation
6.07 Disciplinary Action
6.08 Notification of New Hires
6.09 Joint Labor-Management Committee
EXHIBIT A -- REPRESENTED CLASSIFICATIONS
EXHIBIT B -- TEMPORARY APPOINTMENTS
EXHIBIT C -- AGENCY SHOP
3
It
51
51
53
53
53
55
55
55
56
57
61
61
62
62
It
e
ARTICLE I: GENERAL PROVISIONS
Section 1.01 Parties to the Memorandum of Understanding
This Memorandum of Understanding (MOU) has been prepared pursuant to the
terms of Ordinance No. 801 (CCS) of the City of Santa MOnica, whose lawful
provIsions are hereby Incorporated by reference as If fully set forth herein, and
has been executed by the City Manager on behalf of the City and by the
MUnicipal Employees Association, (hereinafter MEA), on behalf of employees
occupYing the hne-Item position classifications set forth In Exhibit A which IS
attached hereto and made a part hereof.
As of July', 1 992, the Youth Services Counselor and ASSistant Domestic
Counselor Job classificatIons Will no longer be represented by MEA. However,
the incumbents of those classifications as of June 3D, 1992 Will be given the
option of being "grandfathered" and thereby contInue to be represented by
MEA and be covered by the terms and conditions of employment as set forth
In thiS Agreement and any subsequent Agreements, as long as that employee
continues to hold the position classification In question. If the "grandfathered"
employee's position should become vacant, the new Incumbent Will be
represented by the bargaining Unit which became the Recognized Employee
Organization representing that position classIfication.
In the event new Job classlflcatlon(s) are created, the MUniCipal Employee
Relations Officer, or the Director of Personnel as his/her deSignee, Will notify
MEA prior to Personnel Board and City Council consideration of the new
classification speclflcatlon(s). No classifications currently represented by MEA
shall be excluded from the Unit dUring the term of thiS Agreement except
by mutual agreement.
Section 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 provide an orderly and equitable means
of resolving dIfferences which may anse under thiS memorandum, and to set
forth the full agreements of the parties reached as a result of meeting
and conferring In good faith regarding matters Within the scope of
representation for employees represented by MEA
4
e
e
Section 1.03 Term of Aareement
This Agreement shall be effective as of July 1, 1994 and shall remaIn In full
force and effect until June 30, 1996. It shall be automatically renewed from
year to year thereafter unless either party shall notify the other In writing not
later than March 1 st of 1996 and each subsequent year that It desires to
terminate or modify this Agreement, and specifically indicates requested
modifications. In the event that such notice IS given, unless the parties agree
to start at a later date, negotiations shall begin no later than April 15th with
a signed contract desired by July 1 st. The exceptions to this provIsion are set
forth In Subsection B of Section 2.02 (Salaries), Section 2.05 (Standby Pay)
and Section 2.12 (Pay for Training) of this Agreement.
Section 1.04 City Council Approval
This Agreement is of no force or effect whatsoever unless or until ratIfied and
approved by resolution duly adopted by the City Council of the City of Santa
MOnica.
Section 1.05 RecoRnized Employee Association Name
MEA IS hereby acknowledged as the Recognized Employee Organization
representing only the permanent employees occupYing line Item position
claSSifications set forth In Exhibit A (which IS attached hereto and made a
part hereof) pursuant to Section 3.04 (c) of Ordinance No. 801 (GeS). It
IS the mutual understanding of the parties hereto that acknowledgment
of MEA, as the Recognized Employee OrganizatIon:
A Does not preclude employees In such posItIon clasSifications from
representing themselves indiVidually In theIr employment relations With
the City.
B. Does not preclude or restrict the right of management offiCials to meet
and consult With employees In such position claSSifications concerning
their employment relations With the City.
Section 1.06 Scope of Representation
The scope of representation of the recognized employee organization shall
Include all matters relating to employment conditions and employer-employee
relations Includmg, but not limited to, wages, hours, and other terms and
5
e
e
conditions of employment, except, however, that the scope of representation
shall not Include consideration of the ments, necessity, or organization of any
service or activity provided by law or executive order. The scope of
representation shall be exercised or performed In compliance with the
prOVISions of Ordinance No. 801 (CCS) and Government Code Sections
3500-3510 (Meyers-Mlllas-Brown Act).
Section 1.07 Full Understanding, Modification, and Waiver
The parties agree that each has had full and unrestncted nght and
opportunity to make, advance, and discuss all matters properly WIthin the
scope of representation as outlined In Section 2.05 of Ordinance No. 801
(CCS). This MOU constitutes the full and complete agreement of the
parties and there are no others, oral or written, except as specifIed In this
Agreement. Each party, for the term of this MOU, specIfically waives the
right to negotiate for changes herein, and agrees that the other shall not be
reqUired to negotiate for changes herein, whether or not the subjects were
known to the parties at the tIme of execution hereof as proper subjects
Within the scope of representatIon as outlined In Section 2.05 of Ordinance
No. 801 (CCS).
The wages, hours of work and other terms and conditions of employment
covered by this MOU, including those wages, hours of work and other
terms and conditions of employment In eXistence pnor to this MOU, although
not specifically referred to In this MOU, shall constitute the wages, hours of
work and other terms and conditions of employment for the term of this MOU.
Section 1.08 Management Rights Reserved
The City retains all nghts It had prior to thiS Agreement except those
nghts specifically delegated by thiS Agreement, provided that the City shall
exercise those rights m compliance With applicable State law, the CiVil
Service PrOVISions of the MUniCipal Code, the City Charter and the provIsions
of thiS MOU.
The City retains all rights not specifically delegated by thiS Agreement,
including, but not limited to, the exclusive right to:
A. Direct, supervise, hire, promote, suspend, demote, dIscipline, discharge,
transfer, assign, schedule, and retam employees.
6
e
e
B. Relieve employees from duties because of lack of work or funds, or
under conditions where continued work would be inefficient or
nonprod uctlve.
C Determine the services to be rendered, operations to be performed,
utilization of technology, and overall budgetary matters.
D. Determine the appropriate Job claSSifications and personnel by which
government operations are to be conducted.
E. Determine the overall miSSion of the Unit of government.
F. Maintain and improve the effiCiency and effectiveness of government
operations.
G. Take any necessary actions to carry out the miSSion of an agency In
situations of emergency.
H. Take whatever other actIons may be necessary to carry out the wishes
of the public not otherWIse speCified above or by collective agreement.
Section 1.09 Peaceful Performance of City Services
It IS mutually understood and agreed that partiCipation by any employee in a
strike or a concerted work stoppage terminates the employment relationship In
the absence of speCifiC written waiver of such termination by an authOrized
management official.
A. It IS further understood and agreed that none of the parties hereto Will
participate In or encourage, assist or condone any strike, concerted work
stoppage, cessation of work, slow-down, Sit-down, stay-away, Illegal
picketing or any other illegal form of Interference With or limitation of the
peaceful performance of City services.
B. In the event that there occurs any strike, concerted work stoppage,
cessation of work, slow-down, Sit-down, stay-away, Illegal pIcketing or
any other Illegal form of Interference With or limitation of the peaceful
performance of City serVices, the City, In addition to any other lawful
remedies or diSCiplinary actions, may by action of the City Manager,
upon twenty-four (24) hours notice, cancel any or all payroll deductions,
prohibit the use of bulletin boards, prohibIt the use of City faCIlities, and
prohibit access to former work or duty stations.
7
e
e
C. The protection of the public health, safety and welfare demands that
neither the employee organization, nor any person acting In concert with
them, Will cause, sanction, or take part In any strike, walk-out, sit-down,
slow-down, stoppage of work, Illegal picketing, retarding of work,
abnormal absenteeism, withholdIng of serVices, or any other Illegal
Interference with the normal work routine. The provIsions of thiS article
shall apply for the same term as thIS Agreement, or dUring any renewal
or extenSion thereof. Violation of any provIsion of this MOU by either
party shall be cause to terminate thiS Agreement, In addition to whatever
other remedies may be available under the law or In eqUity.
D. The City agrees that there shall be no general lock-out of bargaining Unit
members dUring the term of thiS Agreement, or dUring any renewal or
extension thereof. Both parties agree to exercise good faIth in complYing
With all the terms and conditions of thiS MOU.
Section 1.10 Validity of Memorandum of UnderstandinR
If any provIsion of thiS MOU IS determined to be invalid or Illegal by a court
of competent JUrisdiction, then such prOVISion shall be severed from thiS MOU,
but the remainder hereof shall remain In full force and effect. The parties
hereto shall immediately commence to, In good faith, negotiate for the
purpose of replaCing any such invalid or Illegal provIsion.
Should any change be made In any Federal or State law, or In any rules and
regulations Implementing such legislatIon, or In any City Charter provIsion
which would be applicable and contrary to any prOVIsion herein contained, then
such provIsion of thiS MOU shall be automatically terminated, but the
remainder of thiS MOU shall remain In full force and effect. Such legislation
and/or rules and regulations shall supersede thiS MOU and applicable clauses
shall be substituted for those ruled invalid or Illegal. The parties hereto
shall Immediately commence to negotiate for the purpose of replaCing any
such invalid or Illegal prOVIsion.
Section 1.11 Captions for Convenience
The captions herein are for convenience only and are not a part of the MOU
and do not In any way limit, define, or amplify the terms and proviSions hereof.
8
e
e
Section 1.12 Non-Discrimination/Harassment and Equal Employment
It IS agreed by both parties to this MOU that they will fully comply with all
applicable local, State and Federal laws, rules and regulations
prohibiting discrimination and governing equal employment opportunity
The Affirmative Action Program and the Sexual Harassment Policy of the City
of Santa MOnica are affirmed by both parties to thiS MOU and Incorporated by
reference herein. Both parties also agree to abide by the requirements of the
Amencans with Disabilities Act (ADA).
Every CIty employee is expected to respect the dignity of every other CIty
employee and to refrain from any actions, Including the use of slurs or Jokes
regarding sex, age, race, national Origin, religion, disability or sexual
preference/orientation which could be construed as harassment. Verbal or
phYSical harassment of fellow employees IS a Violation of City policy. No
employment deCISion shall be made based upon an employee's submiSSion
to or rejection of such conduct. Any employee who believes that he/she IS
the victim of such harassment or diSCrimination may file a complaint In
accordance with the procedure outlined In Section 6.05 (Gnevance and
Complaint Procedure) of thiS Agreement.
Complaints InvolVing an appOinted offiCial of the City, including the City
Manager, City Attorney or City Clerk, may be made In wntlng to the City
CouncIl.
Complaints of a senSitive nature, including complaints involVing sexual
harassment, may bypass any step of the gnevance procedure which Involves
a supervisor or manager whose conduct IS the subject of the complaint
Section 1. 13 Definitions
The follOWing definitions are to be applied In the interpretation of thiS
MOU:
A. "Salary Range" shall mean the normal five-step (A through E) hourly
or monthly pay scale (and the bl-weekly eqUivalent) aSSigned to each
employment pOSition claSSifIcation WIthin the City work force.
B. "Salary Range Steps A through on shall mean and be established to
bear the follOWing percentage relationship to Salary Range Step E
computed to the nearest dollar. Normal progression through the range
toward E-step shall be In annual step Increments contingent on
satisfactory service.
9
e
e
Step A - 81 % of Step E
Step B - 85% of Step E
Step C - 90% of Step E
Step 0 - 95% of Step E
Step E - 1 00%
C. "Nearest Dollar" shall mean the next lower dollar In a monthly rate
when the computed amount IS fifty (50) cents or less and the next
higher dollar when the computed amount IS fifty-one (51) cents or
more.
D. "Line Item Position" shall mean a position which IS specIfically Itemized
In the personnel schedule of the annual budget of the City of Santa
MOnica.
E. "Permanent Employees" shall mean
(1) A person who IS legally an Incumbent of a line-Item position, full
or part-time; or
(2) A former legal Incumbent of a line-Item position on authorized
leave of absence from a regularly budgeted position which
position IS held pending the employee's return.
The term "permanent employee" shall not be construed to Imply
a guarantee of continued employment. However, no permanent
employee shall be denied the right to those due process
protections appropriate to their status under the Santa MOnica
Municipal Code and City Charter and applicable State law.
F. "Date of Entrance Anniversary" shall mean the date which recurs
annually after the date of entry Into a line-item position In the classified
service of the City of Santa MOnica, either by onglnal employment,
reemployment or promotion. The date of entrance for employees with
broken service shall be considered as that date on which the last
unbroken service In the classification was effective.
G. "Satisfactory Service" shall mean the attainment of an Overall
Performance Rating of not less than "Satisfactory" on the
performance report associated with the employee's most recent date
of entrance anniversary
H "Full- Time Work Week" shall mean forty (40) hours within the seven (7)
consecutive days (I.e., seven consecutive 24-hour periods) established
as the work week for the affected employee{s).
10
e
e
(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 hours budgeted for that POSition bears to the full-
time work week. Incumbents of Job positions employed In a work
week greater 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 (Overtime) herein
relating to overtime. Compensation shall Include base salary, and
any other compensation, including bonuses or skill pays, prOVided
by this Agreement.
(2) Incumbents of line-Item pOSitions regularly working less than
the full-time work week shall accrue vacation, Sick leave and
other time off In the same ratio as the average number of
hours they work per week IS to the full-time work week for the
position occupied. Other fringe benefits shall be prOVided to
part-time employees covered herein as If they were employed on
a full-time baSIS.
(3) For employees covered herein who hold permanent positions at
the Library, the full-time work week shall be defined as forty (40)
hours, Monday through Saturday, as scheduled by the City
Librarian or his/her deSignated representative. Sunday work shall
be compensated at the rate of time and one-half (1-1/2) the
normal hourly rate. It IS the Intent of the City to assign Sunday
work on a volunteer baSIS. However, In the event there are not
enough volunteers to staff the Sunday work at the Library, said
work Will be assigned on an eqUitable baSIS among employees.
I. "Pay" shall mean compensation received for regular hours worked, Sick
leave, bereavement leave, vacation, holidays, compensatory time off
and/or jury duty.
J. "In Pay Status" shall mean earning pay.
K. "Completed Calendar Month of Service" shall mean a calendar month
In which an employee has been In pay status for eleven (11) or more
working days.
L. "Working Day" as used In the sections of thiS Agreement pertaining to
vacation accrual (Section 4 02) and Sick leave accrual (Section 4.03)
shall mean eight (8) hours.
11
e
e
M. "Compressed Work Schedule" shall mean a work schedule In which a
full-time employee IS assigned to work a total of eighty (80) regularly
scheduled work hours In nine (9), or less, days In a given two-week (I.e.,
two work week) penod.
Section 1. 14 Overpayment Remedy
Permanent employees covered herein shall reimburse the City for any
overpayment of wages or benefits. SaId reImbursement shall not be
reqUired until the City notifies the affected employee In wntlng. If the
overpayment was not the result of fraud or misrepresentation by the employee,
the overpayment shall be reImbursed by payroll deductions over a time period
equal to the time penod that overpayment was made, or by any other
reasonable repayment method mutually acceptable to the City and the
employee. If the overpayment was the result of fraud or
misrepresentatIOn, the overpayment shall be reimbursed by ImmedIate Jump-
sum payroll deductlon(s). In any event, a lump-sum deduction shall be
required If the next subsequent employee payroll warrant IS the final or
termination warrant Issued to the affected employee.
Section 1.15 Payments at Termination
When permanent employees covered herein leave the service of the City of
Santa MOnica, they shall be entitled to lump sum payoff of vacation days and
any unused compensatory time. No claim shall be made against the City for
the use or payoff of unused SIck leave, nor shall the effectIve date of
termination be extended by use of compensatory time, Sick leave, vacation or
personal leave days.
12
e
e
ARTICLE II : COMPENSATION
Section 2.01 Effective Date of Salary Increase
A. All negotiated pay Increases and salary related benefit Increases
specified In this MOU shall become effective on the first day of the
pay period closest to the date stated In Section 2.02 (Salaries) hereof,
except that when such date falls on the Sunday In the middle of a pay
period, increases shall become effective on the first day of the pay
period Immediately followmg said effective date.
B. Periodic (step or merit) pay Increases shall become effective on the first
day of the pay period In which they are due.
Section 2.02 Salaries
Salaries of permanent employees covered herein shall be on a monthly rate,
paid on a bl-weekly eqUivalent basIs. In lieu of the bl-weekly eqUivalent to a
monthly rate, the City Manager may fix the compensation of any position at an
hourly rate. In positions for which the work week IS forty (40) hours, the
hourly eqUivalent shall be determIned by diVIding the bl-weekly rate by eighty
(80).
Normally, a new employee Will be placed at the A-step of the salary range
established for the position for which he/she has been hired. However, the City
Manager, In exceptional cases, based on speCific appraisal of the difficulty of
the work, the new employee's prror salary history and the experience and
ability of the person to be employed, may authorize entrance salaries hIgher
than the minimum salary established for the positIon. In no event, however,
shall the rate exceed the maximum rate for that class.
A. Effective July 1, 1994, the E-step salaries of employees covered herein
shall be mcreased by three percent (3%).
B. The E-step salaries as of July 1, 1 994 of employees covered hereunder
shall remain unchanged unless either party prOVides written notice to the
other not later than March 1, 1995 that It desires to modify the E-step
salaries as of July 1, 1995. However, In no event shall the E-step
salaries be reduced for FY95-96. The E-step salaries of employees
covered hereunder In effect as of July 1, 1994 shall remain unchanged
unless modifications are made as a result of the meet and confer
process.
13
e
e
C. A given clasSification covered by this MOU will be eligible to receive an
equity adjustment providing that the compensation study conducted by
the City of Santa MOnica substantiates the need for an eqUity
adjustment to bring the salary range of that clasSification In line with the
mean salary paid to the same classificatIOn found In comparable cities.
The City Will be Willing to receive and evaluate any salary comparison
data that MEA might want to make avaIlable regarding an equity
adjustment for a given classIfication Should a compensation study
indicate that a given Job classification IS currently being paid above the
mean salary paid to the same classification found In comparable Cities,
the salary range for current Incumbents In that classification Will remain
unchanged. The salary range for all new hires In that Job classification
shall be set m accordance With the results of the compensation study
EqUity adjustments described herem Will be considered on an annual
baSIS, either as a part of the annual budget process If no MOU
negotIatIons should be occurrmg dunng the year m questIon or as a part
of the MOU negotiations process should the MOU be up for negotiations.
Like any other salary mcrease, equity adjustments Will be subject to the
approval of the City Council.
D. An employee covered by thIS Agreement may request that a
claSSification study be conducted for his/her position to determme
whether or not the position IS claSSified correctly. A request for a
claSSification study shall be submitted by no later than December 1 st for
consideration m conjunction WIth the next fiscal year's budget. The
Personnel Department shall conduct the clasSification study and make
their recommendation to the City Manager, whose deCISion shall be final.
The reclaSSification of a pOSitIOn to a lower level Job claSSification would
not be conSidered to be a demotion and would not be appealable to the
Personnel Board. In the event a position IS reclassified to a lower level
Job claSSification, the salary of the Incumbent shall be V-rated until the
E-step salary of the new Job classification equals or exceeds the V-rated
salary.
Section 2.03 Overtime
A. For employee(s) holdmg a POSitIon In the Job classifications listed below,
the follOWing overtime proVISions Will apply:
14
e
Administrative Staff
Assistant
Airport NOIse/Operations
Coordinator
Airport Security Guard
Animal Control Officer
Assistant Domestic Violence
Coordinator
Auditorium Box Office
Coordinator
BUilding Inspector
Buyer
Cashier Clerk
Cemetery Business Assistant
City Programming Specialist
C,vil Engineering Drafting
TechniCian
Communications Operator I
Communications Operator II
Community Services Officer I
Community Services Officer II
Employee Benefits Technician
Employee Benefits Specialist
EnVironmental Programs
Technician
Event Coordinator
Field Inspector I
Field Inspector II
Fire Safety Specialist
Fiscal Staff ASSistant I
Fiscal Staff ASSistant II
Fiscal Staff Assistant III
HOUSing Application ASSistant
HOUSing Specialist
Identification Technician I
Identification Technician II
Irrigation Technician
Jailer
Library ASSistant
Library BUilding Technician
Library Inspector
License Inspector
Mall Couner I
e
Mall Courier II
Maintenance Projects ASSistant
Park Ranger
Parking Checker
Payroll Technician
Permit Specialist
Personnel Technician
Pier & Harbor Guard
Planning Technician
Police Officer Trainee
Police Property EVidence Clerk
Police Range/Supply Specialist
Public Works Inspector
Records Management
Coordinator
RecreatIon Center Director
Refuse Account Inspector
Reprographics Specialist I
Reprographics Specialist II
Senior Animal Control Officer
Senior BUilding and
HOUSing Inspector
Senior CIvil Engineering Technician
Senior Electrical Inspector
Senior Plumbing/Mechanical
Inspector
Senior Public Works
Inspector
Senior Survey TechniCian
SenIOr Services Outreach
Coordinator
Solid Waste BUSiness
ASSistant
Staff ASSistant I
Staff ASSistant II
Staff ASSistant II -
Non- TYPing
Staff ASSistant III
Staff ASSistant IV
Technical Services Specialist
Technical Staff ASSistant
Traffic Engineering Technician
Transcriber TYPist
15
e
Transcriber Typist Trainee
Transportation Management Assistant
Transportation Program
Specialist
Underground Utility Locator
-
Utilities Billing SpecIalist
Utilities Billing TechniCian
Warehouse Worker
Water Laboratory TechnIcian
Water Production & Treatment
Plant Operator
Water Production & Treatment
Plant Operator Trainee
Youth Services Counselor
Zoning Inspector
Overtime for employees who are regularly assigned to five (5) day, eight (8) hour
per day work week and for permanent part-time employees who regularly work less
than eight (8) hours In one (1) day and forty (40) hours In one (1) week shall mean
work In excess of eight (8) hours In one (1) day or forty (40) hours In one (1)
week, proVided such hours of work have had the prior approval of an authOrized
departmental management official. Overtime for employees regularly aSSigned to a
work 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 number of hours in one (1) day
or In excess of forty (40) hours In one (1) week, provided such hours have had
the prior approval of an authOrized management official. 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 of an hour, except that an authorrzed departmental management
official may grant compensatory time off at the rate of one and one-half (1-1/2)
hours off for such overtIme provided that such compensatory tIme off can be
granted Within the current fiscal year. If compensatory time IS accrued and not
taken by June 30 of any fiscal year, It wIll be paid to the employee at the rate earned
For employees covered herein who hold permanent positions at the LIbrary, the full
time work week shall be defined as forty (40) hours, Monday through Saturday, as
scheduled by the City librarian or hls/her deSignated representative. Sunday work
shall be compensated at the rate of time and one-half (1-1/2) the normal hourly rate.
It IS the Intent of the City to assign Sunday work on a volunteer baSIS. However, In
the event there are not enough volunteers to staff the Sunday work at the Library,
said work will be assigned on an eqUitable baSIS among employees.
In the event that a Sick leave day falls on a regularly scheduled work day for which
the work hours exceed eight (8) hours, the employee will have the option of working,
at straight-time, the number of hour(s) needed to supplement the eight (8) hours of
Sick leave pay so that the employee will receive pay for the total number of regularly
16
e
e
scheduled work hours for that day. The extra time worked by the employee shall be
worked dunng the work week In which the sick day falls.
In no event may an employee's work schedule be changed to avoid the payment
of overtime unless the employee Initiates the schedule change.
An employee who IS directed to work on the scheduled day off, shall receive time and
one-half (1-1/2) for all hours worked on that day.
B. For employee{s) holding positions In the Job classifications listed below, the
follOWing overtime provisions shall apply:
Airport Attendant I
Animal Care Attendant
Asphalt Crew leader
Carpenter
Carpenter Crew leader
Concrete Crew leader
Concrete FInisher
Custodian I
Custodian II
Electncian
Electnclan Helper
EqUipment Operator I
Equipment Operator II
Equipment Operator III
Event Attendant "
Event Attendant III
Groundskeeper
Grounds Maintenance Worker
Hazardous Matenals Technician
Heavy Truck Dnver
Irrigation Technician
lead Haz-Mat Technician
lead Parking Meter Repairer
library BUilding Technician
Maintenance Crew leader
Maintenance Worker I
Maintenance Worker II
Mechanic I
Mechanic II
Motor Coach Cleaner
Motor Sweeper Operator
Painter
Painting Crew leader
Parking Meter Collector
Parkmg Meter RepaIrer
Plpefltter
Plumber Crew leader
Plumber
RadiO Technician
Recycling Crew leader
Recycling Worker
Sanitation Collector
Sanitation Truck Driver
Senior Groundskeeper
Senior Irrigation Tech.
Senior Parking Meter
Collector
Senior Tree Tnmmer
Sewer Mamtenance Worker
Sign Painter
Storekeeper
TraffiC Painter
Traffic Signal Technician
Transfer Station Assistant
Transportation Mechanic I
Transportation Mechanic II
Tree Trimmer
Wastewater Crew leader
Water leader
Water Meter Reader
Water Meter Repairer
Welder Fabricator
17
e
e
Overtime for employees who are regularly assigned to five (5) day, eight (8)
hours per day work week and for permanent part-time employees who regularly
work less than eight (a) hours In one (1) day and forty (40) hours In one (1)
week shall mean work In excess of eight (8) hours In one (1) day or forty (40)
hours In one (1) week, provided such hours of work have had the prior approval
of an authorized departmental management official. Overtime for employees
regularly assigned to a work day In excess of eight (a) hours shall mean work
In excess of the regularly scheduled number of hours In one (1) day or In excess
of forty (40) hours In one (1) work week, prOVided such hours have had the
prior approval of an authorized departmental management official.
Discretionary time not worked, including vacation, sick leave and compensatory
time off, shall not be counted toward the forty (40) hours required above. Non-
discretionary time not worked, including holidays, Jury duty and workers'
compensation leave, shall count toward the forty (40) hours required above,
with the exception bemg that If the employee works on a recogmzed holiday,
the actual number of hours worked, but not the eight (a) hours of holiday time,
shall count towards the forty (40) hours for the purpose of calculating
overtime. 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 of an hour,
except that an authOrized departmental management official may grant
compensatory time off at the rate of one and one-half (1-1/2) hours off for such
overtime prOVided that such compensatory time off can be granted Within the
current fiscal year. If compensatory time IS accrued and not taken by June 30
of any fiscal year, it will be paid to the employee at the rate earned.
Operating Units shall make reasonable efforts to distribute overtime work
equitably among employees In the applicable Job claSSification. If an employee
believes he/she has been Improperly denied overtime assignments such a claim
may be processed through the grievance procedure.
In order to supplement eight {a} hours of paid leave time for a regularly
scheduled work day comprised of more than eight (8) hours, the employee will
have the optIOn of working the additional time required, on a straight-time
baSIS, dUring the applicable seven-day work week, In order to receive a full
day's pay for the day In question. Paid leave time would Include vacation or
Sick leave.
18
e
e
Section 2.04 Shift Differentials
Shift differentials shall be as follows:
A. Seventy-five cents ($0 75) per hour for all hours worked on the shift
for employees whose regular schedule requires that the employee work
at least four (4) hours between 4:00 p.m. and 12:00 Midnight, subJect
to Subsections C, D and E below.
B. Ninety (90) cents per hour for all hours worked on a shift for
employees whose regular schedule requires the employee to work
at least four (4) hours between 12.00 Midnight and 7:00 am,
subJect to SubsectIOns C, D and E below.
C. If any employee qualifies under both Subsections A and B above,
Subsection B shall prevail.
D. Shift differentials are not applicable when scheduled hours are
compensated as overtIme.
E Shift differentials are not applicable when the employee IS working
the above hours as part of a "split shift." "Split shift" IS defined as.
a shift of eight (a) or more hours In a single day, separated by a
break of at least three (3) non-working hours dUring the shift. Such
employees shall be paid the applicable shift differential, established In
Subsections A or B above, only for the hours actually worked on that
shift.
F. If, dUring the term of thiS Agreement, a higher nIght shift differential IS
proVided by the City Council to any other bargaining Unit, employees
covered herein shall receive the higher rate.
G. In lieu of the MOU prOVISions listed In subsections A through F of this
section of the MOU, for employees covered hereunder who hold
permanent positions at the Library, the follOWing MOU language shall
apply:
1. A night shift differential of forty (40) cents per hour shall be paid
to any line-Item employee whose regular schedule requires the
employee to work between the hours of 5:30 p.m. and 9:00 p.m.,
prOVided that such differential shall be paid only for such hours
worked between 5:30 p.m. and 9:00 p.m.
19
e
e
2. A differential of forty (40) cents per hour shall be paid to line-Item
employees covered herein for all regular hours worked in a shift
which IS divided Into two (2) parts by three (3) or more hours of
non-working time as a part of the scheduled shIft. Such
differential shall not be paid In addition to night shift differentIal
or for overtime hours beyond the scheduled shift
Section 2.05 Standby Pay
A. Regular Standby
This section replaces the provIsions of ResolutIon No. 622a (eCS) In
whole for employees covered by this MOU
An employee required to serve on stand-by duty shall be compensated
at the rate of $1.75 per hour. Employees who are required to use their
personal vehicles for stand-by response WIll be compensated at the
City's mileage rate for miles actually driven In response to a stand-by
call. If the employee IS called In to work, he/she Will be compensated for
hours worked at the appropriate regular or overtime rate.
A JOint labor-management committee shall be established to review
standby pay The standby pay proVIsion, as set forth In thiS MOU
section, shall remain unchanged unless modifIcations are made as a
result of the meet and confer process. If changes should be agreed upon
by the parties, said changes shall be effective July 1, 1995.
B. Court Standby
Whenever an employee has been placed In an on-call or standby status
while off duty In response to a subpoena or directive In relatIon to a
matter that arose during the course and scope of employment, the
follOWing shall apply:
1 . For (1) the first court sessIon (either morning or afternoon) dUring
a calendar day and (2) the second court session dUring a calendar
day where the reqUired court appearance IS In connection With a
different matter than was Involved In the first court appearance,
employees shall receive compensation as follows
a. Employees who are off-duty for the entire period of the
court session shall receive an amount equal to three (3)
hours of compensation at the straight time rate.
20
e e
b. Where the standby or on-call assignment commences
within three (3) hours prior to the beginning of the
employee's regularly scheduled work Shift, the employee
shall receive compensation at the applicable hourly rate of
pay for all time transpiring between the commencement of
the standby or on-call assignment and the time the regularly
scheduled work shift was scheduled to begin.
c. The prOVISions of this Section shall apply If a standby or on-
call assignment that IS scheduled to occur on an
employee's scheduled day off (including, for example an
approved vacation) is canceled less than twelve (1 2) hours
In advance of the time the assignment IS scheduled to
begin.
d. The prOVISions of this SectIOn shall not apply If a standby
or on-call assignment that IS scheduled to occur on an
employee's scheduled work day IS canceled any time prior
to the commencement of the standby or on-call status.
2. For the second court session in connection With the same matter
on that calendar day, the employee shall receive compensation on
an hour for hour baSIS at the straight time rate.
3. Employees who are called Into court after haVing been In an on-
call or standby status shall be compensated as follows:
a. An employee who IS required to appear In court dUring the
Initial court session on a calendar day that the employee IS
placed In an on-call or standby status shall receive
appropriate premium overtime compensatIon as provided In
SectIOn 2.03 of thiS Agreement as If the court appearance
began at the time the on-call or standby assignment
commenced.
b An employee who IS In an on-call or standby status dUring
the first and second court sessions and IS reqUired to
appear In court dUring the second court session shall
receive straight time compensation for the first court
session in accordance With paragraph A.1 of thIS Section
and shall receive appropriate premIum overtime
compensation for the second court sessIOn In accordance
With paragraph C.1 of thiS Section.
21
e
e
Section 2.06 Skill Pay & Bonuses
The follOWing provIsions eXist for added payment for special work
assignments:
A. leBO Certificate -- BUilding Inspectors, Senior BUilding and Housing
Inspectors, Senior Electrical Inspectors and Senior
Plumbing/Mechanical Inspectors, receive an additional $50.00 per
month If they receive an International Conference of BUilding Officials
certificate as a combination Inspector. Senior Electrical Inspectors and
Senior Plumbing/Mechanical Inspectors receive an additional $25.00
per month If they receive a certificate In their specialty from the
ICBO. Employees receiving such certification must maIntain
certification to continue to qualify for the bonus. Such training or
courses are subJect to TUition Reimbursement.
B. Scuba Dive Pay -- Whenever the Public Works Inspector IS reqUired
to scuba dive In the course of assigned duties a skill bonus of
$45.00 per month shall be paid for any month during which the
employee has performed such diving. ThiS benefit IS payable only if
annual recertification IS attained and If the employee has been aSSigned
to scuba dive.
Pier and Harbor Guards who are required to scuba dive In the course of
aSSigned duties shall be paid a bonus of $75.00 per month for any
month dUring which the employee has performed such diving. ThiS
benefit IS payable only to Guards With valid SCUBA certification cards,
Including regular recertification, and If the employee has been aSSigned
to scuba dive.
e. SupervIsory DifferentIal A supervisory differential of 2.7% shall
be paid to employees who are aSSigned to regularly supervise other
employees In the same Job claSSification and who are not covered
under the terms of Section 2.07 (Pay for Serving In a Higher Job
ClaSSification) herein.
D. Shorthand Bonus -- Where shorthand IS determined to be a bona-fide
requirement of a pOSition In the Staff ASSistant Job series, an additional
$50.00 per month shall be Included In the compensation of the indiVidual
22
e
e
who holds the position and can take dictation at seventy-five (75) words
per minute. Recertification of this shorthand skill may be reqUired from
time to time through examinatIon administered by the Personnel
Department.
E. TYPing Bonus An employee occupYing the clasSification of
Staff Assistant I, Staff Assistant II, Staff Assistant III, Staff
Assistant IV, Administrative Staff Assistant, or Transcriber TYPist
whose tYPing speed exceeds that required for the position by twenty
(20) words per minute or more shall receive an additional $50.00 per
month. An employee occuPYing the claSSification of Fiscal Staff
Assistant I or Fiscal Staff Assistant II who, under the terms of thiS
section, was receiVing a tYPing bonus as of June 30, 1994 shall
contInue to receive said tYPing bonus as long as he/she holds the
pOSitIOn In question and continues to be recertified. Recertification of
thiS skill may be required from time to time through examination
adminIstered by the Personnel Department.
F Bilingual Bonus n Qualified employees who meet the criteria set forth
herein shall receive a bIlingual skill pay of $50 00 per month. To
receIve bilingual pay the following criteria must be met
( 1 ) The employee must be assigned to speak or translate a
language In additIon to English. ThiS may Include speCialized
communication skills such as sign language
(2) An employee must regularly utilize such skills dUring the course
of hIs/her duties or upon request of City management.
(3) To become qualified, an employee must be certified as
qualified through examination adminIstered by the Personnel
Department.
(4) Recertification of thiS skill may be required from time to time
through examination administered by the Personnel Department.
An employee who has not been certified and qualified and IS not
receiving bilingual skill pay will not be reqUired to utilize thiS skill except
on an occasional basis.
If an employee qualifies for bilingual bonus for Spanish and IS reqUired
to regularly use said skill dUring what are determined by the Personnel
23
e
e
Department to be emergency or emergency-related situations, he/she
shall receive an additional $50.00 per month, for a total of $100.00 per
month. Any employee covered herein who, as of January 1, 1995, was
receiving $1 00 00 per month as a bilingual bonus for Spanish will
continue to receive the higher bilingual bonus as long as he/she IS eligible
to receive said bonus.
G. Maintenance Workers and Sewer Maintenance Workers assigned to the
sewer crew for periods In excess of one month shall receIve a bonus of
5.4% above their regular rate dUring the period of such assIgnment.
This section supersedes the proVIsions of Resolution No. 3750B (CCS).
H. Sanitation Truck Drivers assigned to one-person trucks shall receive a
$1.00 per hour bonus for all hours worked In such assignment.
I. Motor Coach eleaners, when required to make road calls, Will receive a
bonus of .2 of an hour straight tIme pay for each road call.
J. A Water Treatment Operator who obtainS a Grade III, Grade IV or Grade
V Water Treatment Operator certification from the California Department
of Health Services shall receive a bonus of $25.00 per month for each
certIfication received.
K. A Staff ASSistant IV Incumbent who, as of June 30, 1994, was
receiving an additional bonus of $50.00 per month which IS not covered
by any of the other bonus/skill pays listed In thiS section of the MOU,
shall continue to receive said bonus as long as he/she holds the same
Staff ASSistant IV POSition. In the event the Staff Assistant IV pOSition
In question becomes vacant or the current reCipient of thiS bonus should
obtain another position In the City, Staff ASSistant IV or otherwise, the
bonus Will be eliminated
L. ASSignments to and from the bonus SItuations described above are not
promotions or demotions as described In the MUniCipal Code and are,
therefore, not subJect to appeal to the Personnel Board.
Section 2.07 Pay for Serving in a Higher Job Classification
When, in the determination of the department head, It IS necessary to assign
duties and responsibilities of a pOSition claSSification higher than those normally
performed by an employee due to the temporary absence of an employee In a
higher position classificatIon, employees so assigned shall be compensated as
follows:
24
e
e
A. If the assignment IS temporary due to the vacation, sick leave or other
temporary absence of the employee In the higher classification, the
employee temporarily assigned shall be paid at the rate of an additional
seventy-five (75) cents per hour for all such hours assigned after the
employee works a minimum of two (2) consecutive work days In the
higher classifIcation assignment, with payment retroactive to the first
day. The City shall not rotate employees In and out of the higher
posItion classificatIon assignments In order to avoid paYing said
compensation.
B. If the position to be filled IS vacant and there IS no valid eligible list for
that position classification, the department head may temporarily assign
an employee who meets the minimum qualifications of the vacant
position. The employee shall receive the salary rate for the vacant
claSSification at the lowest salary step of the salary range established for
the higher classification which provides an Increase of at least five (5)
percent over his/her current salary rate
If the department head elects to make an temporary appOIntment to a
vacant pOSition, he/she shall abIde by the rules and regulations regarding
temporary/acting appointments whIch have been adopted by the
Personnel Board to Implement the sections of the Santa MOnica
MUniCipal Code pertaining to temporary appointments. (Exhibit B)
e. If an eligible list eXists for the vacant pOSition, the department head shall
attempt to apPoint an employee from the eligible list at the earliest
pOSSible date, and the provISions of thIS paragraph shall be applicable to
the employee assigned to cover the vacancy In any mterlm period
D. Nothing In thiS section shall reqUire the City to make temporary
assignments of employees.
E. ASSIgnments to and from the SituatIons deSCribed in thiS section are not
promotions or demotions as deSCribed In the MUniCipal Code and are,
therefore, not subJect to appeal to the Personnel Board.
Section 2.08 Promotional Pay Rate
If a permanent employee covered herein IS promoted to a pOSition In a higher
Job claSSification, the employee's salary shall be set at the salary step In the
25
e
e
salary range established for the higher Job classification which provides a
minimum five (5) percent salary Increase, provided, however, that In no event
shall the salary rate exceed the maximum salary rate for the new classification.
A reclassification of a permanent employee covered herein to a higher level Job
classification will be considered a promotion and the employee's salary shall be
Increased to the higher salary rate In the new Job claSSificatIon which provides
a minimum five (5) percent salary Increase, provided, however, that In no event
shall the salary rate exceed the maximum salary rate for the new Job
claSSification.
Section 2.09 Y-Ratinq
When a personnel action, (e.g., a demotion due to layoff or a reclassification)
results In an employee being placed In a Job claSSification which has a lower
salary range, the employee's salary WIll be V-rated. "Y-rated" shall mean the
maintenance of the Incumbent employee's salary rate at the level effective the
day preceding the effective date of the personnel action placing the employee
In the Job claSSification which has a lower salary range The employee's salary
shall remain at such level until the salary range of the new Job
claSSification equals or exceeds the Y -rated salary.
Section 2.10 Call Back Pay
Should the City call back any full-time employee covered herein before or after
his/her normal working hours to perform work, the City shafl pay not less than
two hours of pay at time and one-half (1-1 12) the employee's base rate of pay
regardless of time actually worked as a result of being called back to work to
perform services for the City.
If there is less than SIX (6) hours between the end of the call back period and
the beginning of the employee's regularly scheduled Shift, the employee Will
receive time and one-half {1-1 12} his/her base rate of pay for all hours worked
dUring the next regularly scheduled shift. However, If It IS determined by
management to pose a safety hazard to allow the employee to work his/her
regularly scheduled shift follOWing the end of the call back period, management
reserves the right to not allow the employee to work. If the employee should
not be allowed to work his/her regularly scheduled Shift, the employee Will not
be compensated for said shift. The employee, however, Will have the option
of uSing applicable accrued leave time to cover the number of hours that he/she
would have been regularly scheduled to work on that shift.
26
e
e
An employee will be considered to have been called back to work and thereby
eligible to receive call back pay as provided by this Section of the MOU If
he/she is called back to work after the end of his/her regularly scheduled shift
and the report time for said call back occurs more than two {2} hours prior to
the beginning of the employee's next regularly scheduled shift. If the employee
IS called and asked to report at a time that is two (2) hours or less prior to the
beginning of his/her regularly scheduled Shift, It Will be conSidered to be an
early report and not a call back and, as such, the provisions of thiS Section
would not apply
Section 2.11 Report Pay
Any regularly scheduled full-time employee who reports to work for his/her
normal work schedule, but IS released due to Insufficient work, shall receive a
minimum of four (4) hours work or pay. In the event that such employee works
In excess of four (4) hours, he/she shall receive eight (8) hours of work or pay
The provIsions of thiS section shall only apply If the employee does not receive
notice not to report to work. ThiS provision shall not be effective for time not
worked for disciplinary reasons or other normal leaves of absence. Actual
hours worked shall be used for the purpose of calculating overtime under
Section 2.03 of thiS Agreement.
Section 2. 12 Pay for Traininq
An employee covered herein who IS speCifically assigned by the supervisor to
train a new employee In the rules, regulations and procedures of the
Department and the duties of the new employee's pOSition, who may be
expected to communicate the new employee's progress to the supervisor, shall
receive a training bonus of fifty (50) cents per hour for each hour worked while
so assigned prOViding that the employee's claSSification speCification does not
reference training or supervIsion/lead responsIbilities. The training assignment
shall be limited to two (2) consecutive work weeks unless authOrization to
exceed two (2) work weeks IS given by the employee's Department Head The
assignment to train a new employee Will be given in writing and Will be
submitted to the Personnel Department for processing.
It IS not the City'S intention to aVOId payment of thiS bonus where appropriate;
however, the bonus does not apply to Informal "mentor" relationships which
may evolve between veteran and new employees or to occasIOnal requests to
orient a new employee to a piece of equipment or a procedure where the task
can be accomplished In a day or less.
27
e
e
A JOint labor-management committee shall be established to review pay for
training. The pay for training prOVISion, as set forth In this section of the MOU,
shall remain unchanged unless modifications are made as a result of the meet
and confer process. If changes should be agreed upon by the parties, said
changes shall be effective July 1, 1995.
28
e
e
ARTICLE III: SUPPLEMENTAL BENEFITS
Section 3.01 Health Insurance Programs
A. Medical Insurance
Effective July 1, 1994, the City agrees to pay up to a maximum of
$475.00 per month towards the cost of medical Insurance coverage for
employees and eligible dependents provided that employees covered
herein participate In the City-offered medical Insurance programs. The
cost of medical Insurance coverage will be set each January 1 st and
will be a "composite" monthly Insurance premium derived by diViding
the total monthly Insurance premium for all medIcal plans offered by
the City, except the PERS medical plans, by the total number of
employees enrolled In said medical plans as of January 1 st. Any extra
payment reqUIred under such plans shall be paId by the employee
electing such coverage.
Effective July 1, 1995, the maximum amount up to which the City
agrees to pay towards the cost of medical Insurance coverage will be
equal to the highest medical Insurance premium contribution cap
established for any of the City's other bargaining Units, excluding any
premium contribution cap established for bargaining Unlts who participate
In the PERS medical plans. The same terms and condItions outlined In
the first paragraph of thiS Section will stili apply.
In the event that the contribution "cap" does not cover the cost of
medical Insurance coverage for employees and eligible dependents, the
City agrees to meet and confer With MEA. If the City Wishes to
Implement changes In the current levels of coverage provided under
the City-offered medical plans, and If said changes are at the volition
of the elty, the City must meet and confer With MEA. Any
mandatory, non-optional change(s) In coverage levels reqUired by
Medical Insurance carrler(s) wIll not be subJect to the meet and confer
process.
The City and MEA agree that employees should benefit from any
premium savings which accrue from the implementation of a new health
Insurance program (Triple Option Plan and Kaiser) In 1994 The
following procedure will be utilized to determine savings, If any, and, In
the event of savings, how said savings will be distributed:
29
e
e
(1) The actual medical Insurance premium costs for 1993 for non-
safety employees shall be compared against the City's actual
premium costs for the new Triple Option Plan and Kaiser for those
same employees
(2) If there should be any premium savings between 1993 and 1994,
each employee's share of the savings Will be determined by
dividing the total amount of the savings by the total number of
City employees (non-safety) participating In the City's medical
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 With MEA and the
other City bargaining Units to determine the method by which said
payment WIll be made (e.g., lump sum, contribution to deferred
compensation plan, etc.).
In the event the actual medIcal Insurance premiums for the Triple Option
Plan for 1995, and any subsequent calendar year, should be less than
the actual City medical Insurance premiums for 1993, the savings Will be
handled In accordance With the same procedure, outlined above, With
the payment being made to the employees by no later than March 1 of
the follOWing calendar year.
Should either the state or federal government pass legislation mandating
all employers to partiCipate in a national or statewide health care plan,
It IS agreed that the City WIll meet and confer WIth MEA regarding the
Implementation of that legislation and the Impact that said legislation Will
have on mandatory subJects of the meet and confer process.
B. Dental Insurance
Dental Insurance coverage shall be proVided at no cost to employees
and their eligible dependents proVIded that employees covered herein
partIcipate In the CIty-offered dental Insurance programs.
C. VIsion Insurance
The City agrees to provide vISion care insurance, at no cost, to
employees covered herein. The City retains the right to select the
provider and to set the levels of coverage for said vIsion care
Insurance plan. The City also retains the right to change the provider
of said VISion Insurance plan and/or the level of benefits provided
under that plan Without meeting and conferring.
30
e
e
Section 3.02 Retirement
The City IS a contract member of the Public Employees' Retirement System
(PERS), and It IS understood and agreed that such membership will be
maintained and the employee eligibility, classification, contributions, and
benefits are as prescribed In the contract between the City and the Public
Employees' Retirement System heretofore approved by the Santa MOnica City
eouncll.
The City shall continue to pay on behalf of each employee covered by
thiS Agreement an amount equal to the IndiVidual employee's share of
the required retirement contributions to PERS (I.e., 7% of the employee's
"compensation" as defined by law). For the three (3) employees who were
hired as ID TechniCians prior to 1963 and who elected to be "grandfathered"
Into the Safety retirement system, the City shall pay on behalf of these
employees an amount equal to the IndiVidual employee's share of the
reqUIred retirement contribut.on to PERS (..e., 9% of the employee's
"compensation" as defined by law).
These payments are not Increases of salary and no salary range applicable to
any of the affected employees shall be changed or be deemed to have been
changed by reason of such payments; as a result, the City will not treat these
payments as ordinary Income and thus, will not Withhold Federal or State
Income tax therefrom. The City's practice Will be to report these
payments as being those of the employee so that they Will be credited to
the particular employee's indiVidual account With PERS and upon termination
Will belong to the employee.
It IS agreed that If State and/or Federal procedures require reporting of these
payments In any other manner, the parties Will observe the provIsions of
Section 1.10 (Validity of Memorandum of Understanding) of thiS MOU.
31
e
e
Section 3.03 Tuition Reimbursement
The City and MEA agree that education and training may enhance an
employee's Job performance and prepare the employee for career
advancement within the City. To that end, the City and MEA encourage
employees to take advantage of City-sponsored training programs and the
tUition reimbursement program which provides an Incentive to take courses on
the employee's time.
The employee and his/her supervisor should document obJectives for
training and education dUring the annual performance review. These
obJectives should form the basIs for selection of specific training seminars
and academic or technical courses dUring the course of the fiscal year.
In any fiscal year dUring the term of this MOU, employees covered
herein shall be entitled to training and tUitIOn reimbursement on the following
basIs:
A. One (1) City-paid training course supported by performance
evaluation obJectives, to be scheduled at the Department's convenience
dUring work hours, either on or off-site. The cost of said training course
shall not exceed $100.00 unless the department approves It.
If an employee Wishes to take a particular training course that IS only
available either during a work shIft or on a work day an employee IS not
regularly scheduled to work, reasonable efforts will be made to
temporarily change the employee's work schedule so that he/she can
take the training course dUring work hours. The elty, however, will be
under no obligation to change the employee's work schedule so that
he/she can take a particular training course If dOing so would result In
the payment of overtIme, either to that employee or to another
employee. If an employee believes he/she has been unreasonably denied
the opportunity to take a training course which IS scheduled outSide of
the employee's regular work hours, he/she can file a grievance In
accordance With Section 6 05 (Grievance and Complaint Procedure) of
thiS Agreement.
B. Notification to employees of speCial elty-conducted classes held In
conjunction With examinations for non-traditional Jobs. These classes
may be scheduled dUring work or non-work time.
C. Reimbursement of up to $1 ,000.00 per fiscal year for educational
courses supported by performance evaluation obJectives, and related
32
e
e
study materials (exclusive of parking, room and board) on the
following basis:
(1 ) The course must be approved by the Department Head and
Personnel Director and must be consistent with the career
development obJectives of the employee's most recent
performance evaluation.
(2) The study course must be directed to qualification for an
employment position represented In the City work force or to
enhancement of the employee's current Job performance.
(3) The employee must exhIbit some reasonable expectation of
qualifYing for another City position upon successful
completion of the study course if that was the reason for
enrollment
(4) Reimbursement shall be made only In Installments upon
successful completion of prescribed Units of study reqUired by
study course approved.
(5) In the event a portion of the tUition and study material IS paid
by an outside source of aid, the City'S reimbursement shall be
limited to the difference between the cost of the course less
the amount of outside aid up to the maximum reimbursement
herein provided.
(6) Only employees who have completed their Initial
probationary period with the City shall be eligible for thiS
program.
(7) Courses for which tUition reimbursement Will be made must be
taken on the employee's time or on authorized vacation leave.
(8) The procedure to be followed with regard to the administration of
the tUition reimbursement program shall be established by the
Personnel Department.
D. The City Will maintain a computer record of each employee's training
and tuition reimbursement course completions, which record shall
be made available to the employee for use In making application for
other City positions.
33
It
e
Section 3.04 Deferred ComDensation
It IS hereby agreed that employees covered herein Will be offered participation
In the City's deferred compensation plan.
As of 7/01/95, the City agrees to contribute, on behalf of each employee
covered herein who is participating In the plan, the amount the full-time
participating employee IS contributing to the plan except that the City's
contribution to the plan shall not exceed twenty-five dollars ($25.00) per month
for each partiCipating employee. Each part-time employee shall be eligible to
receive said deferred compensation plan contribution by the City on a pro-rata
baSIS In the same proportion as the number of hours budgeted for the part-time
pOSitIOn bears to the full-time forty (40) hour work week.
Section 3.05 Uniform Allowance
A. Each regular full-time or permanent and continUing part-time employee
covered by the prOVISions of this MOU, If reqUired to wear a Uniform and
such uniform IS not furnished by the City, shall receive a monthly
Uniform allowance of $40.00; and shall prOVide and wear at all times
while on duty the uniform prescribed by their respective Department
Heads.
In additIon to the monthly Uniform allowance deSCribed In the first
paragraph of subsection A above, the City shall prOVide one (1) new
Uniform each fiscal year for the follOWing Job claSSifications: Pier and
Harbor Guard, Communications Operator II, Parking Checker, Community
Services Officer I, Community Services Officer II, Park Ranger, Animal
Control Officer, Airport Security Guard and Jailer. Each new hire In any
of these Job claSSifications, upon appointment, shall be supplied one (1)
complete Uniform and the equipment reqUired for the pOSitIon, as
speCified by management.
B. Upon request, the City agrees to furnish and maintain coveralls to those
employees who are required to do work that may cause damage to their
personal clothing.
e. Except for those employees receiving a Uniform allowance or coveralls
as proVided In A and B above, the City shall prOVide and maintain at least
nine (9) sets of any required Uniform and employees shall be reqUired to
wear such Uniforms at all times while on duty
34
e
e
D. If an employee IS reqUIred by the City to wear safety shoes, the City
shall provide not less than one (1 ) pair of safety shoes annually With said
safety shoes to be supplied by a CIty-designated vendor. In the event
that an employee's safety shoes become worn or damaged to such a
degree that they are no longer adequate from a safety standpoint, the
City shall provide another pair of safety shoes.
E. Employees who are required to wear Uniforms while on duty shall wear
such uniforms at all times while on duty.
Section 3.06 Tool Allowance
Employees occupYing the line-Item Job classifications of MechaniC II,
MechaniC I, Transportation MechaniC II, Transportation MechaniC I, Welder
Fabricator, Carpenter, Electrrclan and Plumber may be reimbursed for tools
required, as determined by the CIty, for work performed for the City up to a
maximum three hundred dollars ($300.00) per fiscal year Reimbursement Will
be made after the employee submits necessary receipts to his/her supervisor
and the supervisor approves the reimbursement by requestmg a warrant for
payment. If the City prOVides the employee With all of the tools reqUired to
perform his/her Job, as determined by the City, the employee Will not be eligible
to receive a tool allowance.
In the event that the personal tools and/or tool boxes of the employees covered
by thiS Section which are reqUired to perform their duties are destroyed by
earthquake or fire at the Job site or are stolen at the Job Site, the City agrees to
replace such Items. In order for thiS to occur, the employee requesting such
reimbursement must have on file In his/her supervisor's office a current
inventory of his/her tools and tool box which are at the work site. The
employee IS responsible for proViding his/her supervisor With an up-to-date
Inventory of his/her personal tools and only those tools on the Inventory list, on
a tool for tool and on a brand for brand basIs, Will be subJect to replacement by
the City under the prOVISIons of thIS Section
Section 3.07 Mileage Reimbursement
Reimbursement to employees for authOrized use of personal automobiles on
City business shall be at the rate established by the City CouncIl.
Santa MOnica MUnicipal Bus Line tokens, to a maximum of twenty (20) tokens
per month, Will be prOVIded to any employee covered hereunder who submits,
on the City mileage reimbursement form, a record of his/her tripS {home to
35
e
e
work site, or work site to home) during the preceding month. The Santa
Monica MUnicipal Bus Line route number and the bus number used for each trip
must be entered on the reimbursement form.
Any employee entitled to a City parking pass, who has not been Issued a City
parking pass, or who voluntarily turns In his/her parking pass, shall be eligible
to receive forty (40) tokens per month under the terms described above
Section 3.08 Sick Leave Buy Back
Employees covered herein shall have the annual optIon to be paid for certain
unused sick leave on the terms noted below or to "bank" unused SIck leave.
Payment at the employee's base salary for the fiscal year dUring which the
Sick leave was earned but not used, excluding any speCial assignment or
bonus pay, shall be made only to employees on the payroll as of June 30
of that fiscal year. To qualify for payment an employee must have a Sick
leave "bank" of twelve (12) days. For the purposes of thiS Section, "bank"
shall mean Sick leave earned In prior years and reported In the "Sick Leave
Balance Brought Forward from Prior eontract Year" column of the
"Vacation, Sick Leave and Compensatory Time" report Issued by the
Finance Department at the beginning of the fiscal year dUring which payable
Sick leave IS earned.
36
e
e
Annual sick leave payoffs under this Section for employees with less than
ten (10) years of service shall be made according to the following schedule:
Sick Leave Days Used
In the Fiscal Year
Sick Leave Days Payable
At Fiscal Year End
2
3
4
5
6
7
8 or more
6
5
4
3
2
1
o
Annual sick leave payoffs under this Section for employees with ten {1 O} or
more years of service shall be made according to the follOWing schedule,
provIding there are enough SIck days accrued In the employee's SIck 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
3
4
5
6
7
a
9
10
1 1
12
13
1 4 or more
12
1 1
10
9
8
7
6
5
4
3
2
1
o
It IS mutually acknowledged by the parties that the use of Code 40 or other
paid time off which was not appropriately scheduled In advance Will disqualify
an employee from eligibility for payment under this Section. There will be an
exception to thiS MOU provIsion for employees covered hereunder who work
a compressed work schedule. Employees assigned to work a compressed work
schedule Will be allowed to use Code 40, or other paid leave time, including
vacation leave, compensatory time or personal leave day hours, to supplement
eight (a) hours of paid Sick leave In order to receive a full day's pay for a Sick
37
e
e
day. The use of Code 40 or other paid leave time In this manner by an
employee assigned to a compressed work schedule will not disqualify the
employee from being eligible for Sick Leave Buy Back.
Sick leave for which payoff IS received shall be considered "used" In that It
will not be added to the "bank" (or If added to the "bank" prior to the payoff
date shall be removed from the "bank").
Section 3.09: LonR Term Disability Insurance
As of July 1, 1995, the elty agrees to maintain a long term disability Insurance
plan for permanent employees covered hereunder at no cost to the employee.
The long term disability Insurance benefits will be equal to 60% of either the
employee's base salary or $6,667 00 per month, whichever amount IS less,
reduced by the employee's Income from other sources. Up until the effective
date of this prOVISIon, each employee covered hereunder shall contInue to be
covered by whatever disability Insurance plan the City IS currently providing for
that employee.
38
e
e
ARTICLE IV : LEAVES
Section 4.01 Holidays
Employees covered herein shall receive paid holidays as hereinafter provided:
New Year's Day (January 1)
Martin Luther King's Birthday (Third Monday In
January)
Lincoln's Birthday (February 12)
Washington's Birthday (Third 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 Friday follOWing ThanksgIVing
The half day Immediately before Christmas Day
Christmas Day
The half day Immediately before New Year's Day
One (1) floating holiday
All other holidays declared by City Council
In addItion, the Library shall close by no later than 5:30 p.m. on the day before
the ThanksgiVing holiday and the day before the New Year's Day holiday.
A floating holiday becomes available at the beginning 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 beginning of the fiscal year shall be entitled to receive
a floating holiday for that fiscal year. If taken off, a floating holiday must be
used In lieu of a regularly scheduled work day and cannot be taken off In hourly
Increments. A floating holiday not taken by the end of the fiscal year shall be
paid to the employee on the final paycheck at fiscal year end. A floating
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 straight-time base salary rate
of pay.
Employees In departments or diVISions currently obserVing different
holiday schedules shall, in lieu of the holidays listed above, receive holidays
enJoyed by other operating employees In that particular department or diVISion,
provided, however, that the same number of holidays (12) shall be observed.
Whenever any day listed herein as a paid holiday falls upon the first or second
day off of any employee who has two (2) consecutive days off, the day
39
e
e
preceding shall be deemed the holiday If it falls on the first day off, and the
day following shall be deemed the holiday If It falls on the second day off In
lieu of the day listed.
Whenever any day listed herein as a paid holiday falls upon the first, second
or third day off of any employee who has three (3) consecutive days off,
the day preceding shall be deemed the holiday If It falls on the first day off,
and the day following the third day off shall be deemed the holiday If It falls
on the second or third day off In lieu of the day listed.
Whenever any day listed herein as a paid holiday falls upon any day off of an
employee who does not have two (2) consecutive days off, the follOWing
day shall be deemed the holiday for such employee.
Whenever any day listed herein as a paid holiday falls upon any day other than
Saturday or Sunday when a City faCIlity (including department, diVISion or work
unit) IS already scheduled to be closed to the public because of the adoption of
a compressed work schedule, employees who work at said City faCIlity will
receive a floating holiday In lieu of the day listed as the paid holiday. ThiS
floating holiday cannot be accrued and carried over to the next fiscal year, and
the floating holiday cannot be cashed out at the end of the fiscal year. ThiS
floating holiday must be taken by the end of the fiscal year In which It IS
granted to the employee or be forfeited.
Time worked on an authorized paid holiday shall be paid In accordance with
Section 2.03 (Overtime) of thiS Agreement.
Employees of the Solid Waste and Transportation Maintenance DiVIsions Will
be scheduled off duty on recognized holidays listed above whenever operational
staffing needs allow. As many employees as pOSSible Will be scheduled off
duty and volunteers and as-needed (temporary) employees Will be used to the
extent that they have the reqUired Skills, but regular employees may be reqUired
to work on holidays to meet the service needs of the public.
Employees of the Solid Waste DIVISion who are reqUired to work on holidays
listed above shall be paid according to the applicable overtIme prOVISion or have
the option of (1) requesting an alternate work day off within the pay period, or
(2) banking the day for use or payoff before the end of the fiscal year The
approval of a speCifiC alternative day off shall be at the discretion of the
dIVision superintendent.
If an employee IS scheduled to work on a holiday and falls or refuses to appear
for duty, or calls in sick and cannot verify the Illness with the appropriate
medical documentation, he/she Will forfeit any compensation for the day,
including holiday pay, sick leave pay, or other compensation
40
e
e
Section 4.02 Vacation Leave
Each employee occupying a regularly authorized line-Item position or a
permanent and continuing part-time position In any Job claSSification covered
herein shall accrue vacation leave with pay on the following baSIS:
A. Following completion of the 1 st SIX {6} calendar months of continuous
serVice, SIX (6) working days.
B. Thereafter, up to and Including five (5) completed years of serVice, one
(1) working day for each completed calendar month of service.
C. Upon completion of five (5) years of service and up to ten (10)
completed years of service, 1.25 working days for each completed
calendar month of service.
D. Upon completion of ten (10) years of service and up to fifteen {1 5}
completed years of serVice, 1.5 working days for each completed
calendar month of service.
E. Upon completion of fifteen (15) years of service and thereafter, 1 75
working days for each completed calendar month of servIce.
F. A completed calendar month for which benefits herein shall accrue IS
defined as a calendar month In which the employee has been In pay
status for eleven (11) or more working days In that month.
G. Accrual of vacation leave shall not exceed forty (40) days.
H. Except as prOVided herein, the administration or application of vacation
leave provIsions and the limitations on the accumulations, proportionate
accumulation, scheduling and payment for such leave shall be as
preSCribed In the eivll Service prOVISions of the Santa Monica MUniCipal
Code.
Section 4.03 Sick Leave
A. The use of sick leave shall be defined as In Section 2.04.570 of the
Santa MOnica MUniCipal Code, hereby Incorporated as If set forth In full
herein, except as follows:
Sick leave shall be defined as absence from duty because of the
employee's Illness or off-the-Job inJury, exposure of the employee to
41
e
e
contagious disease as eVidenced by certification from an accepted
medical authorrty, medical or dental appointments of the employee or the
employee's dependent children which could not be scheduled durrng non-
work hours, with proper advance notification to the employee's
superVisor, or Illness or InJury of any member of the employee's
household
B. Each Incumbent of a line-Item position shall accrue Sick leave with pay
on the following basIs:
(1) Following completion of SIX (6) calendar months of continuous
serVice, SIX (6) working days. Thereafter, one (1) working day for
each completed calendar month of serVice.
(2) A completed calendar month for which benefits herein shall accrue
IS defined as a calendar month In which the employee has been In
pay status for eleven (11) or more working days In that month.
C. No more than one hundred thirty (130) working days may be applied
against sick leave for anyone (1) Illness.
D. Any employee who IS absent because of Sickness or other phYSical
disability shall notify his/her Department Head or other Immediate
superror offIcer as soon as possible but in any event in accordance WIth
departmental rules and regulations
E. In the event that a Sick day falls on a regularly scheduled work day for
which the work hours exceed eight (8) hours, the employee will have the
option of working, at straight-time, the number of hour(s) needed to
supplement the eight (8) hours of Sick leave pay so that the employee
will receive pay for the total number of regularly scheduled hours for that
day. The extra time worked by the employee shall be worked dUring the
work week in which the Sick day falls.
Section 4.04 Leave of Absence Without Pay
An employee covered herein may be granted a leave of absence Without pay
upon application approved by the Department Head and the City Manager.
A leave of absence may not exceed one (1) year's time. Upon expiration 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 desirable for the City
to retain his/her services even at the cost of some inconvenience to the City.
42
e
e
Section 4.05 Military Leave
The City will observe the military leave reqUirements of State and Federal law .
Section 4.06 Workers' Compensation Leave
Any employee covered herein who IS receivIng disability payments under the
"Workers' Compensation Act of eallfornla" (for on-the-Job inJuries sustained
while engaged In the performance of the duties of any such City POSition) shall
receive from the City dUring the first sixty (60) days of such disability absence,
payments In an amount equal to the difference between the disability payments
received under the Workers' Compensation Act and the employee's full salary.
Such payments by the City shall be made Without any deduction from accrued
Sick leave benefits. The City's obligation to make such payments shall not
commence until the third (3rd) day of such disability absence.
Section 4.07 Jury Duty
Employees covered herem, when duly called to serve on any Jury and when
unable to be excused therefrom, shall receive the regular base compensation
less all Jury fees received excluding mileage for the time required to be spent
In court provided that an individual employee Will be so paid for Jury service
only once every three (3) years and shall make every effort to cooperate With
any request by the Department Head to request a delay In Jury service to
accommodate Important department work In progress. Each employee
receiving a notice to report for Jury service shall Immediately notify his/her
Immediate supervisor.
Whenever dally Jury duty scheduling permits, employees shall return to their
regular dally Job assignment to complete their regular dally work hours.
Where operationally possible, any employee covered herein called to Jury duty
shall, for administrative purposes, be placed on a Monday through Friday
schedule, which Incorporates the operational hours of the court, for the
duration of his/her Jury duty.
In the event that either the State or Federal court system change current policy
which excuses from Jury service those employees who do not receIve full
compensation from their employer dUring the full period of Jury serVice,
regardless of frequency, the partIes will meet and confer over the Impact of thiS
change on employees covered hereunder.
43
e
e
Section 4.08 Bereavement Leave
Bereavement leave of not more than five (5) working days with pay shall be
provided for absence from duty due to the death of a member of the
employee's immediate family, meaning spouse, Child, brother, sister, parent,
parent-In-law, son-In-law, daughter-In-law, step-parent, step-brother, step-
sister, grandparent or grandchild. In addition, bereavement leave of not more
than five (5) working days with pay shall be provided for absence from duty
due to the death of any member of the employee's household.
Section 4.09 Personal Leave Days
Two (2) days of leave each fiscal year may be used for personal matters This
leave shall be charged against accrued sick leave. This leave shall be
granted In Units of not less than two (2) hours, and only If accrued sick
leave IS available. ThiS leave shall not be accruable from year to year if not
used in any given fiscal year.
In addition, two (2) days of leave each fiscal year may be used for personal
matters, with said leave not to be charged against accrued Sick leave. ThiS
leave shall be granted In Units of not less than two (2) hours. ThiS leave shall
not be accruable from year to year If not used In any fiscal year.
Scheduling of days off shall be done With prior approval of the employee's
supervisor, providing that request for time off shall not be unreasonably
denied. Denials of time off shall be In Writing and shall state the reason(s)
for the denial and shall propose alternate dates for the time off that has been
requested The employee may agree to the proposed alternate date(s} or
make a request for a different day off. The employee shall not unreasonably
refuse to agree to proposed alternate date(s}. The employee shall have the
right to challenge the denial of time off through the Grievance Procedure.
A paid personal leave day shall mean eight (a) hours at the employee's stralght-
time base salary rate of pay. Employees covered hereunder who are on a
compressed work schedule Will be allowed to use personal leave days In Units
of less than two (2) hours for the purpose of supplementing eight (a) hours of
paid vacation or eight (8) hours of Sick leave In order to receive a full day's pay.
Personal leave days charged to Sick leave cannot be accrued from year to year
If not used In any given fiscal year and, If unused at the end of the fiscal year,
cannot be cashed out. Personal leave days not charged against Sick leave
cannot be accrued from year to year if not used In any fiscal year and, If
unused at the end of the fiscal year, cannot be cashed out unless the employee
44
e
e
can demonstrate that he/she was unreasonably denied the time off by his/her
supervisor. Refusal on the part of the employee to accept an alternate day off
would not constitute a denial of time off by a supervisor. If an employee
believes that he/she was unreasonably denied personal leave time, he/she shall
submit a letter to the Personnel Department prior to the end of the fiscal year
requesting that the unused personal leave time be cashed out. Cash-out of the
personal leave time shall be subJect to approval by the Personnel Department
Such approval shall not be unreasonably denied.
Section 4.10 Parental Leave
Employees who demonstrate that they have primary responsibility for the
care of a new child, shall be entitled to a leave of absence totaling up to four
(4) months Immediately following the child's birth or adoption and shall be
returned to the same line-Item position occupied prior to the leave upon
Its expiratIon. Paid vacation leave and sIck leave, If applicable, as well as
unpaid leave shall be counted toward the four (4) month total. Additional
leave may be requested under the provIsions of Section 4.04 (Leave of
Absence without Pay) of thiS Agreement.
Maternity leave IS not the same as parental leave and shall be administered
In accordance with State and Federal law. When an employee returns to
work following maternity leave, said employee shall be reinstated to her
former position.
Section 4. 11 Family Leave
The City hereby agrees to implement family and medical leave In accordance
with the California Family Rights Act (CFRA) and the Federal Family and
Medical Leave Act (FMLA) for all employees covered herein. These statutes
shall supersede and be Implemented In lieu of any contract language or elty
policy/practice whIch provides a lesser benefit.
Before the Issuance of any administrative procedures pertaining to leave under
the CFRA or FMLA, the City agrees to dIscharge Its meet and confer obligation
With MEA.
When granted family leave, the employee may choose to use available accrued
Sick leave at his/her discretion.
45
e
e
ARTICLE V: WORKING CONDITIONS
Section 5.01 Safety & Loss Prevention
The City shall make every reasonable effort to provide a safe and healthy
working environment In accordance with applicable State and Federal laws and
regulations. MEA agrees that where safety devices or Items of protective
equipment are reqUired or furnished, their use shall be mandatory. Employees
shall report unsafe practices, equIpment or conditions to their supervIsors.
An employee who IS directed to perform a task which the employee has good
reason to believe is unsafe may request an immediate review by his/her
Department Head and the Personnel Director who shall consult With other
safety specialists as appropriate. DUring the period of review and/or
inVestigation, the employee shall not be required to perform the task
complained of, shall not suffer loss of payor benefits, and, if possible, shall be
assigned other appropriate duties. If the task complained of IS deemed safe by
the appropriate official, the employee shall then perform the work as instructed.
Both parties to thiS MOU agree to fully support the City's Risk Control Policy.
Said policy sets forth the City's commitment to maintaining a safe and healthy
work enVIronment, to preventing accidents and InJuries and minimizing risk and
loss wherever possible. Said policy outlines the safety responsibilities of the
City, City managers and superVisors, and eity employees.
Section 5.02 Performance Evaluations & Effect of Job Performance on Salary
The parties hereto agree that one purpose of a performance evaluation IS to
record the accomplishments and deficiencies With regard to an employee's
performance which have previously been discussed by the employee and
supervisor dUring the period of time covered by the performance evaluation.
In addition, the performance evaluation IS an opportunIty for the employee and
supervisor to diSCUSS what improvements, If any, must be made by the
employee dUring the next evaluation period. It IS also an opportunity for the
employee and supervisor to set and diSCUSS goals and obJectives for the next
evaluation period WIth regard to the employee's Job performance as well as
his/her career development Within the City. In the event that an employee does
not agree With his/her performance evaluation, he/she can file a grievance
under Section 6.05 (Grievance and Complaint Procedure) of thiS MOU.
Statements made In an employee's performance evaluation shall not be used
as a substitute for the documentation of diSCiplinary actions. DISCiplinary
46
tit
e
actions, including repnmands and warnings, which become a part of the
employee's offiCial personnel file may be referenced In the employee's next
performance evaluation and may be taken Into account In rating the employee's
performance Should an employee file a grievance with regard to any
diSCiplinary action which has been taken, said disciplinary action cannot be
taken Into account In the employee's performance evaluation unless the
grievance process has been completed and the disciplinary action has become
final.
Normal progression through the salary range established for a position toward
E-step shall be In annual step Increments contingent on satisfactory service.
However, the City Manager, In exceptional cases, based upon specific appraisal
of the Importance and difficulty of the work and the demonstrated performance
of the Incumbent, may authorize special salary step Increases above the amount
prescribed In the salary schedule for the class and length of service of the
Incumbent. In no event, however, shall the rate exceed the maximum rate for
that class.
Notwithstanding any provIsion contained in thiS agreement, there Will be no
Increase In wages of any kind as a result of a NOT ACCEPTABLE rating on the
employee's prescribed periodic performance rating. There Will be no
subsequent Increases In wages until the NOT AeCEPT ABLE has been Improved
to at least the SATISFACTORY level. Any overall rating In the BELOW
SA TISFAeTORY category may delay the next scheduled salary Increase at the
discretion of the appointing authority. Such action shall remain In effect until
the overall rating has been Improved to at least the SATISFACTORY level.
Section 5.03 Effect of ReassiRnment/Recertification on Skill/Bonus Pay
When a "bonus," "skill," or additional pay referenced In Sections 2 04 (Shift
Differentials), 2.06 (Skill Pay & Bonuses) or 2.07 (Pay for Serving in a Higher
Job Classification) IS the result of assignment to speCified duties or
hours, or of maintenance of a registration, certificate or other credential,
the loss of the bonus, Skill, or additional pay due to the end of the
assignment or failure to maintain the required registration, certificate or
credential shall not constitute a demotion, pursuant to Section 2.04.6aO of the
MUniCipal Code.
Section 5.04 EmDlovee Parkina
It IS hereby agreed that the City will make every effort to maintain free parking
as It presently eXists for elty employees at City facilities. The employees
47
e
e
covered by this Agreement recognize that the City must comply with
Regulation XV issued by the Air Quality Management District (AQMD) and
the City's Transportation Management Plan Ordinance. If the use of positive
incentives does not result in the City meeting the compliance
requirements of AQMD's Regulation XV or the City's Transportation
Management Plan Ordinance, It IS understood that the City can Implement a
charge for employee parking In an effort to meet those requirements.
In addition, If It should become necessary to charge for parking dUring the
term of thiS Agreement In order to comply with any other State or Federal
requirement regarding transportation management, the City can Implement
said charge. However, In no event shall the City Implement such a charge for
parking without meeting and conferring with MEA should any employee(s)
represented by MEA be subJect to such a charge.
Section 5.05 Personnel Files
A. The City shall maintain one and only one official personnel file for each
employee covered herein. Said file shall be kept In the City's Personnel
Department.
B. All personnel actions shall be based solely on the contents of the official
personnel file except there shall be no requirement that employee
counseling documentatIOn be Included In said file until such time as
personnel actions relYing upon the employee counseling documentation
IS taken. The employee shall receive a copy of any counseling
documentation Within five (5) work days of the date It IS written. For
the purposes of this section of the MOU, personnel actions shall not
Include performance evaluations.
C. Nothing herein shall preclude the appointing authOrity from taking
diSCiplinary action for an Incident for which there IS no prior
documentation prOVided that said action meets the reqUirements of
Section 6.07 (DIsciplinary Action) of thiS Agreement.
D. An employee covered herein shall be entitled to review the content of
his/her City or departmental personnel file at reasonable Intervals
prOVIded that the employee schedules an appointment, at least twenty-
four (24) hours In advance, dUring the regular bUSiness hours of the
office In which the files are maintaIned. No material shall be placed In
an employee's CIty or departmental personnel file without haVing been
shown to the employee. An employee may prepare a written response
to any such materIal and such response shall be filed With the original
material.
48
e
e
IN WITNESS WHEREOF, the panles hereto have caused this Memorandum of
Understanding to be executed this :2lfttJay of May , 1995.
MEA BARGAINING CO ITTEE
;L~ Asc6~ pr~Sldent
CL, 4/ft-
Rene TaJbo.tt, Vice President
-"~ ~r,~
/ ~~~e~e,. Y . NOrris, '"
/Jfft;~ &~ - ~ -/afl2UtA--
~E~uez ,C~ - {ilL.. -. · · _
( ;{~ rCu.~ '9
IttHale . ~.e f I Ken Ward
~_. } R L~I'
E'd~:;~.> Pur ell
Labor Consultant
CITY OF SANTA MONICA
_T~JJL.
JoYm Jallll
City Manager
APPROVED AS TO-\ORM:
/u..e, / A JJ.;:l f -~ ~~ ~
Marsh; J~~~ '~utrle
CIty Attorney
LAIlOR;MOUIM EAMOU
5;1;95
63
e
e
EXHIBIT A
MEA CLASSIFICATIONS
ADMINISTRATIVE STAFF
ASSISTANT
AIRPORT ATTENDANT I
AIRPORT NOISE/OPERATIONS
COORDINA TOR
AIRPORT SECURITY GUARD
ANIMAL CARE ATTENDANT
ANIMAL CONTROL OFFICER
ASPHALT CREW LEADER
AUDITORIUM BOX OFFICE
COORDINA TOR
BUILDING INSPECTOR
BUYER
CARPENTER
CARPENTER CREW LEADER
CASHIER CLERK
CEMETERY BUSINESS ASSISTANT
CITV PROGRAMMING SPEelALlST
CIVIL ENGINEERING DRAFTING
TEeHNICIAN
COMMUNleATIONS OPERATOR I
COMMUNICATIONS OPERATOR 1/
COMMUNITY SERVICES OFFICER I
COMMUNITY SERVICES OFFICER II
CONCRETE CREW LEADER
CONCRETE FINISHER
CUSTODIAN I
CUSTODIAN II
ELECTRICIAN
ELECTRICIAN HELPER
EMPLOYEE BENEFITS TECHNICIAN
EMPLOYEE BENEFITS SPECIALIST
ENVIRONMENTAL PROGRAMS
TECHNICIAN
EQUIPMENT OPERATOR I
EQUIPMENT OPERATOR II
EQUIPMENT OPERATOR III
EVENT ATTENDANT II
EVENT ATTENDANT III
EVENT COORDINATOR
FIELD INSPECTOR I
FIELD INSPECTOR II
FIRE SAFETY SPECIALIST
FlseAL STAFF ASSISTANT I
FlseAL STAFF ASSISTANT II
FISCAL STAFF ASSISTANT III
GROUNDSKEEPER
GROUNDS MAINTENANCE WORKER
HAZARDOUS MATERIALS
TECHNICIAN
HEAVY TRUCK DRIVER
HOUSING APPLICATION ASSISTANT
HOUSING SPECIALIST
IDENTIFICATION TECHNICIAN I
IDENTIFICATION TECHNICIAN II
IRRIGATION TECHNlelAN
JAILER
LEAD HAZ-MA T TECHNlelAN
LEAD PARKING METER REPAIRER
LIBRARY ASSISTANT
LIBRARY BUILDING TECHNICIAN
LIBRARY INSPECTOR
LICENSE INSPECTOR
MAIL COURIER I
MAIL COURIER II
MAINTENANCE CREW LEADER
MAINTENANCE PROJ ECTS
ASSIST ANT
MAINTENANCE WORKER I
MAINTENANCE WORKER II
MECHAN IC I
MEeHAN IC II
MOTOR COACH eLEANER
MOTOR SWEEPER OPERATOR
PAINTER
PAINTER CREW LEADER
64
e
PARK RANGER
PARKING CHECKER
PARKING METER COLLECTOR
PARKING METER REPAIRER
PAYROLL TECHNICIAN
PERMIT SPECIALIST
PERSONNEL TECHNICIAN
PIER & HARBOR GUARD
PIPEFITTER
PLANNING TECHNICIAN
PLUMBER
PLUMBER CREW LEADER
POLICE OFFICER TRAINEE
POLICE PROPERTY EVIDENCE CLERK
POLICE RANGE/SUPPLY SPECIALIST
PUBLIC WORKS INSPECTOR
RADIO TECHNlelAN
REeORDS MANAGEMENT
COORDI NA TOR
RECREATION CENTER DIRECTOR
RECYCLING CREW LEADER
RECYCLING WORKER
REFUSE ACCOUNT INSPECTOR
REPROGRAPHICS SPECIALIST I
REPROGRAPHICS SPECIALIST II
SANITATION COLLECTOR
SANITATION TRUCK DRIVER
SENIOR BUILDING AND HOUSING
INSPEeTOR
SENIOR CIVIL ENGINEERING
TECHNICIAN
SENIOR ELECTRICAL INSPECTOR
SENIOR GROUNDSKEEPER
SENIOR IRRIGATION TECHNICIAN
SENIOR PARKING METER
COLLECTOR
SENIOR PLUMBING/MECHANICAL
INSPECTOR
SENIOR PUBLIC WORKS
INSPECTOR
SENIOR SERVICES OUTREACH
COORDINA TOR
SENIOR TREE TRIMMER
SEWER MAINTENANCE WORKER
e
SIGN PAINTER
SOLID WASTE BUSINESS
ASSIST ANT
STAFF ASSISTANT I
STAFF ASSISTANT II
STAFF ASSISTANT II -
NON- TYPING
STAFF ASSISTANT III
STAFF ASSISTANT IV
STOREKEEPER
TECHNICAL SERVICES SPECIALIST
TECHNICAL STAFF ASSISTANT
TRAFFIC ENGINEERING TECHNICIAN
TRAFFIC PAINTER
TRAFFIC SIGNAL TECHNICIAN
TRANSFER STATION ASSISTANT
TRANSCRIBER TYPIST
TRANSCRIBER TYPIST TRAINEE
TRANSPORTATION MANAGEMENT
ASSIST ANT
TRANSPORTATION MECHANIC I
TRANSPORTATION MECHANIC II
TRANSPORTATION PROGRAM
SPEelALlST
TREE TRIMMER
UNDERGROUND UTILITY LOCATOR
UTILITIES BILLING SPECIALIST
UTILITIES BILLING TECHNICIAN
WAREHOUSE WORKER
WASTEWATER CREW LEADER
WATER LABORATORY TECHNICIAN
WATER LEADER
WATER METER READER
WATER METER REPAIRER
WATER PRODUCTION & TREATMENT
PLANT OPERATOR
WATER PRODUCTION & TREATMENT
PLANT OPERATOR TRAINEE
WELDER FABRICATOR
ZONING INSPECTOR
65
e
e
EXHIBIT B
CITY OF SANTA MONICA PERSONNEL BOARD
PERSONNEL RULES & REGULATIONS
TEMPORARY APPOINTMENTS
To implement Sections 2.04.350 and 2.04 370 of the Santa MOnica MUnicipal Code,
which pertain to temporary/acting apPointments to positions In the classified serVice,
the Santa MOnica Personnel Board adopted the following rules and regulations:
A temporary/acting appointment of a regular employee can be made when:
1) a budgeted position has become vacant due to the vacation, sick leave
or other temporary absence of the permanent Incumbent In the equal or
higher classification; or
2) there IS no valid eligible list for a vacant budgeted permanent position In
an equal or higher claSSIficatIOn.
Should a temporary vacancy occur when an eligible list for a particular claSSIfication
is not available, the appointing authority shall notify the Personnel Department. The
Personnel Department shall post the vacancy for five (5) calendar days so that
Interested employees may file an application. Temporary appointees will be selected
from applicants for the position who have applications on file In the Personnel
Department and who meet the minimum qualificatIons for the position.
Applications shall be screened and reviewed for minimum qualifications before being
made available to the apPointing authority.
The appointing authority shall select the temporary apPolntee(s) from the qualified
applicants. The apPointment shall be for a period not to exceed sixty (60) days,
subJect to the approval of the Director of Personnel and the City Manager.
AppOIntments shall be reported to the Personnel Board at ItS next meeting. Subject
to Personnel Board approval, temporary appointments may be renewed If necessary
to complete the examination process or cover the absence of a permanent Incumbent
The Board may disapprove any temporary appointment or renewal of any temporary
appOIntment that It determines IS not Justified. Each renewal of a temporary
appointment shall not exceed sixty (60) days
66
e
e
NOTE:
This policy and procedure does not apply to as-needed employees hired
to fill a temporary vacancy. The policy and procedures with regard to the
hiring of as-needed employees would apply.
Adopted by the Santa MOnica Personnel Board at a special meeting on December 8,
1994.
I~/
Robert Sullivan, Chairperson
Santa MOnica Personnel Board
67
It
e
EXHIBIT C
AGENCY SHOP
As long as MEA can demonstrate that It has a 70% membership (based on the
number of MEA dues paYing members In comparison to the number of all filled MEA
pOSitions), the City agrees to grant MEA an Agency Shop provISion. Said Agency
Shop provISion shall be subject to the following terms and conditions:
(1) An employee working In a classification covered by this MOU shall, Within
thirty (30) calendar days of his/her employment, execute a payroll deductIon
authOrization form as furnished by MEA, and thereby either 1} become and
remain a member In good standing In MEA; or 2) pay to MEA a monthly service
representation fee In an amount not to exceed the standard Initiation fee,
periodic dues and general assessments of MEA dUring the term of thiS MOU.
(2) Employees represented by MEA may elect MEA membership status or service
fee payer status as they see fit and may change such status from one category
to the other upon written notification to the City and MEA. If, at any time,
MEA membership (which does not Include service fee payers) falls below 70%
(based on the number of dues paying members of MEA in comparison to the
number of filled MEA pOSitions), the Agency Shop provision Will be
discontinued and the obligation of MEA members to pay MEA dues and non-
members to pay a service fee to MEA Will cease as of the beginning of the next
payroll period. The Agency Shop prOVision, however, Will be reinstated should
MEA membership once more reach the required 70% level. Such reinstatement
shall be effective With the next payroll period follOWing the determination that
the 70% membership reqUirement has once more been met.
(3) In the case of an employee who certifies he/she IS a member of a bona fide
religion, body or sect which has histOrically held conscientious obJections to
Joining or finanCially supporting public employee organizations, such employee
shall execute a payroll deduction authOrization from as furnished by MEA, and
thereby pay sums equal to the monthly service representation fee to a non-
religiOUS, non-labor charitable fund, chosen by the employee from a list of at
least three such funds which are exempt from taxation under Section 501 (c)(3)
of the Internal Revenue Code. The list of funds shall be prOVided by the City,
and shall be made up of funds for which the City offers payroll deductIons.
(3) The City and MEA shall JOintly notify all members of thiS Unit that they are
required to pay dues or a service representation fee as a condition of thiS
Section and that such amounts shall be automatically deducted from their
paychecks. The religiOUS exemption and the employees' rights under
Government Code Section 3502.5 (Meyers-Mlllas-Brown Act, as amended) shall
68
e
e
also be explained. The cost of this commUnication and the responsibility for Its
distribution shall be borne by MEA.
(4) It IS agreed that the City assumes no obligations to, In any manner, enforce the
provIsions of the above paragraphs beyond Implementing any valid payroll
deduction authorizations submitted by unit employees authorizing the deduction
of service fees or other authorized payments to MEA, or amounts In lieu of
service fees to speCified authorized charities. Enforcement of the payments
that Unit employees are obligated to make under the above paragraphs shall be
wlthm the discretion and the sole responsibility of MEA by way of cIvil court
action against such allegedly non-complYing Unit employee.
(5) MEA shall, Within sixty (60) days after the end of ItS fiscal year In which the
Agency Shop provision was operative, prOVide the City With detailed finanCial
documentation, which shall meet the requirements of Government Code,
Section 3502.5(d).
(6) It IS recognized that MEA, as the exclUSive representative of all Unit employees,
IS reqUired to represent all umt employees fairly and equally Without regard to
union membership or non-membership or their assertion of rights under thIS
MOU or the law.
(7) Upon request by MEA, the City shall furnish MEA With the name and date of
hire of all newly hired employees subJect to thIS MOU, along With verificatIOn
of transmittals to any charitable organizations.
69
It
e
SIDE AGREEMENT
BETWEEN
CITY OF SANTA MONICA
AND
SANTA MONICA MUNICIPAL EMPLOYEES ASSOCIATION
In recognition of the fact that two bargaining umts have merged and, through the MOU
negotiation process, have made concessions on Issues which were of Importance to those
two units and in an effort to reach settlement wIth regard to a two-year Memorandum of
Understanding (MOU) between the City of Santa Montca and the Santa MOnica MUnicipal
Employees Association (MEA), the City has agreed to use one-time monies to fund a City
match of up to $25.00 per month per employee to the City's deferred compensation plan,
with said contribution to be Implemented the second year (effective July 1, 1995) of the
MOU.
The two-year MOU between the City and MEA will expire as of June 30, 1996.
Continuation of the deferred compensation plan match beyond June 30, 1996 IS not
guaranteed since thiS prOVISion and all of the other provisions of the MOU Will be up for
negotiation when a successor Memorandum of Understanding is negotiated by MEA and
the City of Santa Monica.
CITY OF SANTA MONICA:
MUNICIPAL EMPLOYEES ASSOCIATION:
J~~.
t~.~
John Jalill, City Manager
J
ene -Ta~. M Vice PreSident
50l1~ {( ~0~,)!1
Edward Pur't'ell, MEA Labor Consultant
May 24, 1995
Date Signed
, May 24, 1995
Date Signed
[me.....,19l
e
e
Adopted and approved thts 23rd of May, 1995
AJ;
Mayor
I hereby certIfy that the foregomg ResolutIOn 8902 (CCS) was duly adopted at a meetmg
of the CIty CouncIl held on the 23rd of May, 1995 by the followmg vote
Ayes
CouncIl members
Abdo, Ebner, Genser, Greenberg, Holbrook. O'Connor,
Rosenstem
Noes
CouncIl members
None
Abstam
CouncIl members
None
Absent
CouncIl members
None
ATTEST
Ag:~
/
CIty Clerk