R-8975
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RESOLUTIO~ 8975 eCCS)
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER
TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE
PUBLIC ATTORNEYS UNION
WHEREAS, the City administration and representatives of the Public
Attorneys Union have met and conferred under the terms of Ordinance No. 801 (CCS)
and have reached agreement on wages, hours and other terms and conditIons of
employment; and
WHEREAS, Section 2.06 of Ordinance No. 801 (CCS) of the City of
Santa MOnica reqUires preparation of a written Memorandum of Understanding
between the administration and employees If an agreement can be reached, and
WHEREAS, Section 2 06 of OrdInance No. 801 (CCS) further proVides
that any such Memorandum of Understanding shall not be binding unless and untIl
presented to the governing body for determination; and
WHEREAS, the purpose of the Memorandum of Understanding IS to
promote and provide harmonious relations, cooperatIon, and understanding between
the City and the Public Attorneys Unlon;
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NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOllOWS:
Section 1. The CIty Council of the City of Santa MOnica does hereby
approve and authorize the City Manager to execute the Memorandum of
Understanding executed by the Public Attorneys Union, a copy of which IS attached
hereto
Section 2. The City Clerk shall certify to the adoption of this Resolution,
and thenceforth and thereafter the same shall be In full force and effect.
APPROVED AS TO FORM:
/~4
MARSHA J NES MOUTRIE
City Attorney
(kb 'pau 950")
ARTICLE I :
1. 01
1. 02
1. 03
1. 04
1. 05
1. 06
1. 07
1. 08
1. 09
1.10
1 11
1.12
1 13
1.14
ARTICLE II:
2.01
2.02
2.03
2.04
2.05
ARTICLE III:
3.01
3.02
3.03
3.04
3.05
3.06
3.07
3 08
3 09
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF SANTA MONICA, CALIFORNIA
AND
PUBLIC ATTORNEYS UNION
TABLE OF CONTENTS
GENERAL PROVISIONS
Partles to Memorandum. . . . . . . . . . . . . . . . . . . . . . . .. 3
Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
Term of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
City Councll Approval.... ...................... 3
Recognized Employee ASSOc1at~on Name............ 4
Scope of Representation......................... 4
Full Understandlng, Modification and Waiver. . . .. 4
Management R~ghts Reserved...................... 5
Validity of Memorandum of Understandlng.... 5
Captions for Convenience... . . ....... ..... 6
Non-Discrlmlnatlon and Equal Employment.... 6
Definit~ons..... ......... ......... 6
Overpayment Remedy.. .......... ... ... 9
Payments at Terminat1on. ..... ... ..... 9
COMPENSATION
Effectlve Date of Pay Increase......
Salaries. . . . . . . . . . . .. . . . . . . . . . . . . .
Overt ime. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Bllingual Bonus... .........................
Y -Ratlng.. ........ . . . . . . . . . . .. ..
. .10
. .10
. . .11
. . .11
. . .12
SUPPLEMENTAL BENEFITS
Health Insurance Programs .... ............... .13
Retirement. ... . . . . . . . . . . . . . . . . . . . . . . . . . . . .15
Deferred Compensation. . . . . . . . . . . . . . . . . . . . . . . .15
Mileage Relmbursement. . . . . . . . . . . . . . . . . . . . . . . .16
Bar Dues... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16
Professlonal Development... _................... .16
Long Term Dlsability Insurance ...... ...... ....16
Sick Leave Buy Back... ..... .............. 17
Term Ll f e Insurance.......... . . . . . .. .... 18
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ARTICLE IV:
4.01
4 02
4.03
4 04
4.05
4 06
4.07
4 08
4.09
4.10
4.11
ARTICLE V:
5.01
5.02
5.03
5.04
ARTICLE VI:
6.01
6.02
6.03
6.04
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LEAVES
Paid Holldays..... .... ....
Vacation Leave......... ........
Sick Leave... ..... ..........
Leave of Absence Wlthout Pay...
Military Leave _ _ _. _ _ . . . _ _ _ . . _ .
Workers' Compensation Leave. ..
Jury Duty .....................
Bereavement Leave...... ........
Parental Leave............... .
Professlonal Leave..... ....
Family Leave....................
19
19
.20
. .20
.21
.21
. . . . . . . . . . . . . . .22
. . . . . .. .. . 22
. . . . . . . . . . . . .22
. . . . . . . . 23
.... .24
WORKING CONDITIONS
Safety. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .25
Employee Parking....... .... .... ..... ...25
Performance Evaluations and Effect of Job
Performance On Salary............... . .25
Employment Separations .... .... ..... ..27
EMPLOYER/EMPLOYEE RELATIONS
Payroll Deductions... .............. ...... .28
Reasonable Notice. . .... ............ .......... .28
Tlme Off For Assoclatlon Business.............. .28
Grievance and Complaint POI1Cy......... ....... .28
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ARTICLE I: GENERAL PROVISIONS
1. 01
1.02.
1.03.
1.04.
Partles to Memorandum
This Memorandum of Understanding has been prepared
pursuant to the terms of Ordinance 801 No. (CCS) of the
Clty of Santa Monica, which Ordinance is hereby
lncorporated by reference as if fully set forth herein,
and has been executed by the City Manager and by the
Public Attorneys Union (PAU), on behalf of City Attorney
employees occupying the line-ltem employment attorney
position clasSlflcations, excepting the Clty Attorney and
Asslstant City Attorney.
Purpose
The parties agree that the purpose of this MOU lS: to
promote and provide harmonlous relations, cooperation and
understanding between the City and the employees covered
herein; to provide an orderly and equltable means of
resolving differences which may arise under this
memorandum, and to set forth the full agreements of the
parties reached as a result of meetlng and conferring ln
good faith regarding matters withln the scope of
representation for employees represented by PAU.
Term of Agreement
This Agreement shall be effective as of July 1, 1995 and
shall remaln in full force and effect untll the 30th day
of June 1998.
This Agreement shall be automatically renewed from year
to year thereafter, unless either party shall notify the
other in writing not later than March 1, 1998 (and March
1 of each subsequent year) that lt desires to termlnate
or modify this Agreement, and speclflcally indicates
requested modiflcatlons. In the event that such notlce
lS glven, negotiations shall begin no later than April 15
wlth a slgned contract desired by July 1st.
City Council Approval
It lS, however, the mutual understandlng of all the
partles hereto that such Memorandum of Understanding lS
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 Monlca.
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1.05.
1. 06.
1.07.
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Recognized Employee Association Name
The Publ~c Attorneys Unlon (PAU) lS hereby acknowledged
as the Recognlzed Employee Organlzatlon representing only
the regular attorney employment position
classifications, exceptlng the clty Attorney and the
Assistant City Attorney, pursuant to Section 3.04 (c) of
Ordinance No. 801 (CCS). It is the mutual understanding
of the parties hereto that acknowledgment of PAD'
A.
Does not preclude employees
posltlon classifications
themselves individually in
relatlons with the City;
in such employment
from representing
their employment
B. Does not preclude or restrict the rlght of
management officials to meet and consult with
employees in such employment positlon
classiflcatlons concerning their employment
relations wlth the City.
Scope of Representation
The scope of representatlon of the Recognized Employee
Organization shall lnclude all matters relatlng to
employment condltlons and employer-employee relations
lncluding (but not limited to) wages, hours, and other
terms and conditions of employment, except, however, that
the scope of representatlon shall not include
consideratlon of the merits, necessity, or organization
of any serVlce or activity provlded by law or executive
order and shall be exercised or performed in compliance
with the provisions of Ordinance No 801 (CCS).
Full Understandlng, Modification and Wa1ver
The parties agree that each has had full and unrestricted
right and opportunlty to make, advance, and discuss all
matters properly wlthln the scope of representation as
outlined ln Section 2.05 of Ordinance No. 801 (ccS).
This MOD constitutes the full and complete agreement of
the parties and there are no others, oral or written,
except as specified 1n this Agreement. Parties are not
bound by any past practices or understandings of either
party unless such past practices or understandings are
specifically stated ln this MOU except that provisions or
conditions not speciflcally changed ln this or previous
MOD's shall be as prescribed by the civil serVlce
provlsions of the Santa Monlca Municipal Code
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1. 08.
1.09.
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Management Rights Reserved
The City Attorney retalDs all rights not speclflcally
modlfied or limited by this Agreement, lncludlng, but not
limited to, the exclusive right to'
A.
Direct, supervlse,
disclpllne, discharge,
and retain employees,
suspend,
schedule,
hire, promote,
transfer, asslgn,
B. Relieve employees from duties because of lack of
work or funds, or under condltions where continued
work would be inefficient or nonproductivei
C Determine services to be rendered, operations to be
performed, utllization of technology, and overall
budgetary mattersi
D Determine the appropriate job classlflcatlons and
personnel by Wh1Ch government operatlons are to be
conductedi
E. Determlne the overall mission of the unit of
governmenti
F.
Malntaln and lmprove the efflclency
effectlveness of government operations;
and
G. Take any necessary actions to carry out the mission
of an agency in situatlons of emergency.
Validlty of Memorandum of Understandlng
If any provision of this MOU is determlned to be invalid
or illegal by a court of competent jurisdiction, then
such provlsion shall be severed from thlS MOU, but the
remainder hereof shall remain in full force and effect.
The partles hereto shall immediately commence to
negotiate for the purpose of replacing any such lnvalid
or lllegal provision.
Should any change be made in any Federal or State law, or
in any rules and regulations implementing such
leglslation, or in any Clty Charter provlslons or C1Vll
SerVlce Rule and Regulatlon which would be applicable and
contrary to any provislon hereln contained, then such
provision of this MOU shall be automatically termlnated,
but the remalnder of thlS MOU shall remain in full force
and effect. Such legislation and/or rules and
regulations shall supersede this MOO and applicable
clauses shall be substituted for those ruled lnvalid or
illegal. The parties hereto shall immediately commence
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1.10.
1.11.
1 12.
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to negotiate for the purpose of replaclng any such
lnvalid or illegal provision.
Captlons for Convenience
The captions hereln are for convenience only and are not
a part of this MOU and do not in any way Ilmlt, deflne,
or amplify the terms and provisions hereof.
Non-Dlscrimination and Equal Employment
It 1S hereby agreed by the parties to this MOD that they
wlIl fully comply with all applicable local, State and
Federal laws, rules and regulations prohibltlng
dlscrimination and governing equal employment
opportunlty. The Affirmatlve Action Program and the
Sexual Harassment Policy of the City of Santa Monica are
afflrmed by both partles to this MOU and incorporated by
reference herein. Both parties will abide by the
requirements of the Amerlcans with Disabilities Act
(ADA) .
Every City employee is expected to respect the dlgnlty of
every other City employee and to refraln from any
actlons, including the use of slurs or ] okes regardlng
sex, age, race, national origin, religion, disability, or
sexual preference/orientation WhlCh could be construed as
harassment. Harassment of fellow employees lS a
violatlon of City POl1CY. No employment decision shall
be based on an employee's submission to or rejectlon of
such conduct.
Definitlons
The following definitions are to be applied in the
interpretation of this MOD:
A. I1Salary Range" shall mean the normal monthly pay
scale (and the hourly or bi-weekly equivalent)
assigned to each employment posltion classification
wlthin the C1ty work force
B. lINearest DollarlT shall mean the next lower dollar in
a monthly rate when the computed amount 18 flfty
(50) cents or less and the next higher dollar when
the computed amount is fifty-one (51) cents or more.
C ITDate of Entrance Anniversaryll shall mean the date
which recurs annually after the date of entry lnto a
line-item position covered by this MOD , elther by
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orlginal employment, re-employment or promotlon.
The date of entrance for employees with broken
service shall be considered as the date on whlch the
last unbroken service ln the classification was
effectlve.
D. I1Satlsfactory Servicell shall mean the attainment of
an Overall Ratlng of not less than nSatisfactoryll on
the performance report associated with the
employee's most recent date of entrance annlversary.
E. I1Payll shall mean compensation for regular hours
worked, slck leave, bereavement leave, vacation,
holidays, and/or Jury duty
F. IIIn Pay Statusll shall mean earning pay.
G. II Completed Calendar Month of SerVlce It shall mean a
calendar month ln which an employee has been ln pay
status for eleven or more working days.
H. IILine-item posltionll shall mean a position which lS:
(1) specifically ltemlzed in the personnel schedule
of the annual budget of the City of Santa
Monicai and
(2) eligible to accumulate vacation, sick leave,
and other tlme off in proportion to the
percentage of the full-time forty (40) hour
work week. Other fringe benefits shall be
provided to part-time employees covered
hereunder as If they were employed on a full-
time basis.
I. I1Permanent Employeesll shall mean'
(1) A person who lS legally an incumbent of a Ilne-
item posltion, full or part-time; or
(2) A former legal incumbent of a line-item
position on authorized leave of absence from a
regularly budgeted posltion which position lS
held pending the employee's return.
The term I1permanent employee" shall not be construed
to lmply a guarantee of continued emploYment, and
employees covered herein are not subJect to the
Civil SerVlce provisions of the MUDlclpal Code and
City Charter.
J. lIFull-Time Work Week" shall mean forty (40) hours.
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1.13.
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K. A "full-timel1 employee is an incumbent of a
line-item position budgeted in the annual budget of
the City of Santa Monica for a full-time work week
L.
A 11 part -time 11 employee is an
line-ltem position budgeted in the
the Clty of Santa Monica for less
work week.
incumbent of a
annual budget of
than a full-time
A part-time employee shall be compensated ln the
same proportlon as the number of hours budgeted for
the employee's position bears to the full-time work
week. Compensation shall include base salary,
deferred compensation (both the Clty contrlbutlon
wlthout a match and the City's matching
contribution), and blllngual bonus. Any part-time
employee covered here in who, as of June 30 , 1995,
was receiving a higher proportion of deferred
compensation (both the City contribution without a
match and the City's matching contrlbutlon) than
would be provlded pursuant to thls sectlon shall
continue to recelve the higher proportion as long as
the employee continues to hold a position whlch lS
budgeted as a part-tlme posltion in the City of
Santa Monica's annual budget
Part-time employees shall accrue vacatlon, sick
leave and other time off in the same ratio as the
number of hours budgeted for the employee's posltlon
bears to the full-time work week.
With the exception of compensation and accrued leave
tlme, as set forth In the preceding paragraphs of
this subsection, the part-time employee shall
receive all other employee beneflts as lf he/she
were employed on a full-time basls.
M. "Working Dayll as used in the sectlon of this
Agreement pertaining to vacation accrual (Sectlon
4.02) and sick leave accrual (Section 4.03) shall
mean elght (8) hours
N. "Compressed Work Schedule 11 shall mean a work
schedule in which a full-time employee lS assigned
to work a total of elghty (80) regularly scheduled
work hours in nlne (9), or less, days in a given
two-week (i e , two work week) period.
Overpayment Remedy
Permanent employees covered hereln shall reimburse the
Clty for any overpayment of wages or benefits. Sald
relrnbursement shall not be required until the clty
notifles the affected employee ln wr1tlng. Relmbursement
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1.14.
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may be accomplished by a lump-sum deduction made on the
next subsequent employee payroll warrant followlng
overpayment notificatlon, or by other reasonable re-
payment method mutually acceptable to the employee and
the City, except that the lump-sum deduction shall be
required if the next subsequent employee payroll warrant
lS the flnal or terminatlon warrant issued to the
affected employee.
Payments at Termlnation
When permanent employees covered hereunder leave the
service of the City of Santa Monica they shall be
entltled to lump-sum payoff of vacation leave and unused
Professional Leave days only. No clalm shall be made
agalnst the Clty for the use or payment of compensatory
tlme or unused sick leave, nor shall the effective date
of termination be extended by the use of compensatory
time, sick leave, vacation or other leave days.
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ARTICLE II: COMPENSATION
2.01.
2.02.
Effective Date of Pay Increase
Notwlthstanding any other provislon contained herein,
changes to the salary range and salary related benefit
changes provlded hereln shall become effective on the
flrst day of the payroll perlod closest to the effectlve
date stated herein. If the effectlve date stated hereln
falls on the Sunday in the middle of a pay perlod, the
effective date shall be the first day of the followlng
payroll period.
Salaries
Salarles of City employees covered hereln shall be on a
monthly rate, paid on a bi-weekly equlvalent baS1S.
A. New hlres shall be assigned to the classlflcatlon
and salary rate most appropriate for their education
and experience and for the nature of the work to be
performed as evaluated by the City Attorney.
B. Effective July 1, 1995, the monthly salary ranges ln
effect for the employees covered herein shall
reflect a two percent (2%) salary increase (also
known as a cost of llving adjustment) and shall be
as follows:
A
c
E
B
D
Deputy Attorney I
4024 4494 4968 N/A N/A
Deputy Attorney II
5414 5838 6262 6685 6886
Deputy Attorney III
7356 7689 8034 8396 8769
C. Effectl ve the first day of each fiscal year (July
1st) while thlS agreement remalns ln effect, the
monthly salary ranges set forth in Subsection B of
thlS section shall be adjusted to reflect the
largest percentage salary increase (also known as
cost of llving adjustment) granted to all employees
of any other bargaining unlt by the City of Santa
Monlca for that same fiscal year, excluding the
Santa Monica Police Officers' Association (SMPOA)
and the Santa Monica Flreflghters Local 1109, IAFF,
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by lncorporation into the bargaining unit's
Memorandum of Understandlng (MOU) or otherwlse, and
Subsection B of this section shall be adjusted to
reflect the new monthly salary ranges. For the
purposes of this provislon, an equity adjustment
granted to a specific job classlfication shall not
be considered a salary increase (also known as a
cost of living adjustment) .
D. Advancement from Deputy Attorney I to Deputy
Attorney II and Deputy Attorney II to Deputy
Attorney III shall be considered a promotion rather
than a step increase An employee who has reached
the top step of Deputy Attorney I must apply for and
receive a promotlon by July 1 of the flscal year
following the flscal year in which he/she has served
two (2) years at the top step of Deputy Attorney I
or his/her employment wlll be terminated effective
July 1. An employee's qualification for promotlon
shall be determined by the City Attorney.
E. An employee asslgned as Chief Deputy of a divlslon
shall receive a supervlsor's bonus of ten (10)
percent of his/her annual base salary per year,
which does not become part of the employee's base
pay. ThlS bonus will be pald on a bi-weekly basls.
2.03.
overtime
Employees covered hereln are exempt employees under the
professional employee exemptlon of the Fair Labor
Standards Act (FLSA) as it may be applicable to public
agency employees. As a result, employees covered herein
wlll not have to account for their work time on an hourly
basis and wlll only need to account for each full day of
absence which occurs on a regularly scheduled work day.
2.04. Bilingual Bonus
Quallfied employees who meet the criteria set forth
hereln shall recelve a bilingual sklll pay of fifty
dollars ($50.00) per month. To receive bllingual pay the
following criteria must be met:
1. The employee must be asslgned to speak or translate
a language in addltlon to Engllsh. This may include
speciallzed communicatlon skills such as sign
language.
2 An employee must regularly utllize such skills
during the course of their duties or upon request of
City management.
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2.05.
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3. In order to recelve bllingual bonus, an employee
must be certified as quallfied by examination
administered by the Personnel Department.
An employee who has not been certlfied and qualified and
is not receiving bilingual skill pay will not be required
to utilize thlS Sklll except in an emergency sltuatlon.
If an employee qualifies for bilingual bonus for Spanish
and is requlred to regularly use said skill during what
are determined by the Personnel Department to be
emergency or emergency-related sltuatlons, he/she shall
receive an addltional fifty dollars ($50 00) per month,
for a total of one-hundred dollars ($100.00) per month.
Y-Rating
When a personnel action, e g., demotion due to layoff or
reclassiflcation, results in the lowering of the
incumbent employee's salary range, the incumbent
employee's salary may be Y-rated T1Y-ratedll shall mean
the maintenance of the lTIcumbent employee's salary rate
at the level effective the day precedlng the effectlve
date of the personnel action placing the employee ln a
lower salary range. The employee's salary shall remain
at such level until the salary range of the new
classlfication equals or exceeds the Y-rated salary
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ARTICLE III: SUPPLEMENTAL BENEFITS
3.01.
Health Insurance Programs
A. Medical Insurance
Effectlve July 1, 1995, the City agrees to pay up to
a maXlmum of $475 per month towards the cost of
medical 1nsurance coverage for employees and
eligible dependents provlded that employees covered
herein part1clpate ln the City-offered medlcal
insurance programs. The cost of medical insurance
coverage will be set at the beginning of each
medical plan year and will be a II composite II monthly
insurance premlum derlved by dividing the total
monthly premium for all medlcal plans offered by the
Clty, except the PERS PORAC medlcal plans or any
other PERS medical plans, by the total number of
employees enrolled in said med1cal plans as of the
beginning of the medical plan year. Any extra
premium payment above $475.00 required under any of
such plans shall be paid through payroll deduction
by the employee electing such coverage.
Effect1ve July 1, 1996 r and each July thereafter /
the maXlmum amount up to which the Clty agrees to
pay towards the cost of medical lTISUrance coverage
will be equal to the highest medical insurance
premium contributlon cap established for any of the
Clty'S other bargainlng units for that fiscal year,
excluding any premium contribution cap establlshed
for the PERS PORAC medical plans or any other PERS
medical plans. The same terms and conditions
outllned in the first paragraph of this Section
shall still apply. This provlslon shall rollover
to the same extent as the entire MOU rolls over
In the event that the contrlbutlon "capll does not
cover the cost of medical lnsurance coverage for
employees and ellgible dependents, the City agrees
to meet and confer with PAD.
The Clty and PAD agree that employees should beneflt
from any premium savlngs which accrue from the
lmplementation of a new health insurance program
(Trlple Option Plan) ln 1994. The followlng
procedure will be utilized to determine savings, if
any, and 1n the event of savings, how sald savings
wlll be distr1b~ted:
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(1) The actual medical insurance premium costs for
1993 for non-safety employees shall be compared
against the Clty'S actual premium costs for the
new Triple Optlon Plan for those same
employees.
(2) If there should be any premium savings between
1993 and 1994, each employee's share of the
savlngs wlll be determlned by di viding 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 savlngs will be paid to
the employee by no later than March 1, 1995.
Prior to thlS payment, the City will meet and
confer with PAU 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 medlcal insurance premiums for the
Triple Optlon 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, wlth the payment being
made to the employees by no later than March 1 of
the followlng calendar year.
The City shall make no changes to thlS Trlple-Option
Plan (such as changlng insurance carriers or the
number or nature of plans offered) wlthout first
meeting and conferring with PAU.
B. Dental Insurance
Dental lnsurance coverage shall be provided at no
cost to employees and thelr eligible dependents
provided that employees covered herein participate
ln the City-offered dental insurance programs.
C Vlslon Insurance
The Clty agrees to continue to provide vision care
insurance, at no cost, to employees covered hereln.
The Clty retains the rlght to select the provlder
and to set the levels of coverage for said vision
care lnsurance plan. The City also retains the right
to change the provlder of said vislon insurance plan
and/or the level of benefits provided under the plan
without meetlng and conferring.
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3.02.
3 03.
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Retirement
The City is a contract member of the Public Employees'
Retirement System (PERS), and it is understood and agreed
such ffiembershlp wlll be maintalned and that employee
eligibility, classification, contribution, and benefits
are as prescribed in the contract between the City and
the Publlc Employees' Retlrement System heretofore
approved by the Santa Monica City Councll
The Clty shall pay on behalf of each employee covered by
this Agreement an amount equal to one hundred percent
(100%) of the individual employee's share of the required
retirement contributions to PERS (i.e., 7.0% of the
employee's 11 compensation II 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 ordlnary income and thus will not withhold
Federal or State lncome tax therefrom The City's
practice wlll be to report these payments as belng those
of the employees so that they will be credited to the
particular employee's individual account with PERS and
upon terminatlon will belong to the employee.
It is agreed that if State and/or Federal procedures
requlre reportlng of these payments in any other manner,
the parties will ablde by such requlrements.
Deferred Compensation
It is hereby agreed that employees covered herein will be
offered part1cipation ln the City's deferred compensation
plan. Effective July 1, 1991, the Clty agrees to
contribute to the plan three hundred-twenty five (325)
dollars per month per particlpating employee. In
addition, the City further agrees to contribute to the
plan the amount the participating employee is
contrlbuting to the plan on hls/her behalf, but ln no
event shall said addltional amount exceed seventy-five
(75) dollars per month per participating employee. The
City's contributlon under thlS Section shall not exceed
four hundred (400) dollars per month per partlclpating
employee.
Upon approval of thlS Agreement by both partles, an
employee covered herein who is currently not
participatlng in the City's deferred compensatlon plan
wlll be allowed to enroll in said plan retroactive to
July 1, 1991 and thereby receive the benefits provlded by
thlS Sectlon retroactlve to that date.
- 15 -
3.04.
3.05
3 06.
3.07.
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Mileage Reimbursement
Reimbursement to employees for authorized use of personal
automobiles on Clty buslness shall be at the rate
established by the Clty Council.
Bar Dues
The Clty shall pay each attorney's Callfornia State Bar
dues required to practlce law in the State of California.
The City shall also pay for one local bar association
dues at each attorney's optlon.
Professlonal Development
Employees covered herein shall receive relmbursement for
registration at legal seminars and tralning seSSlons,
incluslve of reasonable travel, parking or accommodation
expenses, provided that the seminar or training program
lS reasonably related to the practice of municlpal law,
as determined by the City Attorney, and the employee has
received the prior approval of the Clty Attorney for said
reimbursement. Trainlng tapes and/or books or pamphlets
may be acquired under the terms of this Section provlded
that such materials remaln the property of the Clty.
Each employee covered under this Agreement shall be
required to attend at least one (1) professional
development or training session per each fiscal year. In
addition, the City will provlde employees covered herein
with opportunities to meet the continuing educatlon
requirements of the California State Bar elther by paying
the cost of requlred courses or through offering self-
directed studies.
Long Term Dlsabllity Insurance
The City will continue to offer employees covered herein
partlcipation in a long term disabillty plan provided at
City expense. As of the first of the month followlng
ratlflcation of this Agreement by both partles, the City
agrees to modlfy the current long term disability
insurance plan to provide long term disability lnsurance
benefits which wlll be equal to 60% of either the
employee's base salary or $5,000.00 per month, whichever
amount is less, reduced by the employee's income from
other sources.
- 16 -
3.08.
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Sick Leave Buy Back
Each employee covered herein has the annual optlon to be
paid for certain unused sick leave on the terms noted
below or to IIbank" 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.
Annual slck leave payoffs under this Section for
employees with less than ten (10) years of service shall
be made according to the followlng schedule:
Slck Leave Days Used
In the Fiscal Year
Sick Leave Days Payable
At Fiscal Year End
2 or less
3
4
5
6
7
8 or more
6
5
4
3
2
1
o
Annual sick leave payoffs under thlS Sectlon for
employees with ten (10) or more years of serVlce shall be
made accordlng to the following schedule, provldlng there
are enough sick days accrued in the employee's slck leave
bank to cover the payoff descrlbed below
Slck Leave Days Used
In the Fiscal Year
sick Leave Days Payable
At Fiscal Year End
2 or less
3
4
5
6
7
8
9
10
11
12
13
14 or more
12
11
10
9
8
7
6
5
4
3
2
1
o
It 18 mutually acknowledged by the parties that the use
of Code 40 or other time off not appropriately scheduled
in advance will disqualify an employee from eligibill ty
for payment under thlS Section.
- 17 -
3.09
.
e
Sick leave for which payoff is received shall be
considered "used" in that It will not be added to the
"bankl1 (or if added to the lIbank" prlor to the payoff
date shall be removed from the lIbankU).
Term L~fe Insurance
The City agrees to maintain at no cost to the employee a
term life insurance plan for permanent employees covered
hereln, with individual coverage of tWlce the employee's
annual base salary
- 18 -
e
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ARTICLE IV: LEAVES
4.01
4.02.
Paid Holldays
Employees OccupYlng the line-item positions covered
herein shall receive paid holidays as follows:
New Year's Day
Martin Luther Klng's
Birthday
Llncoln's Birthday February 12
Washington's Birthday Thlrd Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday ln September
Thanksglving Day Fourth Thursday in November
The Friday followlng Thanksgiving
The half-day lmmedlately before Chrlstmas Day
Christmas Day December 25
The half-day immediately before New Year's Day
One (1) floating hollday
All other holidays declared by the City Council
January 1
Third Monday in January
The floating holiday becomes avallable at the beginning
of each fiscal year and must be taken before the end of
tha t f i seal year Onl y those employee s who are on the
payroll at the beginning of the fiscal year shall be
entltled to receive the floatlng holiday for that fiscal
year. If the floating hollday lS not taken by the end of
the fiscal year, it shall be pald to the employee on the
final paycheck at flscal year end. A floating hollday
WhlCh is cashed out at the end of the fiscal year shall
be paid in an amount equal to elght (8) hours at the
employee's straight-time base salary rate of pay.
Whenever any day listed herein as a paid holiday falls
upon the flrst or second day off of any employee who has
two (2) consecutlve days off, the day precedlng shall be
deemed the holiday if it falls on the flrst day off, and
the day followlng shall be deemed the hollday lf it falls
on the second day off in lieu of the day listed.
Whenever any day listed hereln as a pald 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.
Vacation Leave
Each employee occupying a regularly authorized full-time
posltion or a permanent and continuing part-tlme position
- 19 -
4.03.
4.04.
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ln any employment classiflcation covered herein shall
accrue vacatlon leave with pay on the followlng basis
A. Following complet~on of the flrst six (6) calendar
months of continuous serVlce, six (6) working days.
B.
Thereafter, up to and includlng three
years of service, one (1) worklng
completed calendar month of serVlce
completed
for each
(3 )
day
C. Thereafter, up to and including seven (7) completed
years of service, one and one-quarter (1.25) working
days for each completed calendar month of service.
D. Upon complet ion of seven (7) years of serVlce and
thereafter, one and one-half (1.50) working days for
each completed calendar month of serVlce.
E. Accrual of vacation leave hereunder shall not exceed
forty (40) days.
sick Leave
Sick leave shall be defined as In Section 2.04.570 of the
Santa Monica Munlclpal Code, hereby lncorporated as lf
set forth in full herein, except that:
A. Accrual of sick leave shall be as follows:
(1) Following the completion of the flrst SlX (6)
calendar months of continuous service, six (6)
working days
(2) Thereafter, one (1) working day for each
completed calendar month of serVlce.
B. Sick leave shall be defined as absence from duty
because of the employee's lllness or off -the - Job
injury, exposure of the employee to contagious
disease as evidenced by certification from an
accepted medlcal authorlty or medical or dental
appointments of the employee which could not be
scheduled during non-work hours with proper advance
notice to the Clty Attorney.
Leave of Absence Without Pay
An employee may be granted a leave of absence wlthout pay
upon application approved by the City Attorney and the
Clty Manager. Such leave may not exceed one (1) year's
time. Upon expiration of the leave, the employee shall
be relnstated to the positlon held before the leave was
- 20 -
4 05.
4.06
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granted.
where an
make it
services
City.
Such leave shall be granted only in those cases
employee's record of service and qualifications
deslrable for the City to retain his or her
even at the cost of some inconvenlence to the
Mllitary Leave
An employee with a permanent civil service status, who in
tlme of war or natlonal emergency as proclaimed by the
President of the Unlted States or the Congress of the
Unlted States, or while any national conscription act lS
in effect, is inducted lnto the armed forces of the
Unlted States or who leaves employment with the Clty to
enter voluntarlly the armed forces and Wl thin a
reasonable time after leavlng his/her employment wlth the
Clty does enter such serVlces, shall be granted a leave
of absence without pay for the duration of ~he perlod of
active service with such armed forces. If such employee
receives an honorable discharge or ltS equivalent and the
position stlll exists and the employee otherwise is
qualified to fill the same, the employee shall have a
right to return to the posltlon with the City within SlX
(6) months after the term1natlon of such active serVlce
but shall not have a rlght to so return later than six
(6) months after the end of the war or after the tlme the
presldent or Congress proclaim the national emergency lS
terminated, or after the explration of the natlonal
conscription act. Such an employee shall recelve
seniorlty and other credlts on the same basls as though
the employee had remalned in the Clty serVlce and had not
taken such military leave. Leaves of absence with pay
for temporary military duty shall be granted in
accordance with applicable State laws.
Workers' Compensation Leave
Employees covered herein hlred prior to July 1, 1985, who
are entitled to recelve disablllty paYments under the
Workers' Compensatlon Act of Callfornia for on-the-Job
inj urles sustained ln the performance of the dutles of
the employee's posltion, shall receive from the City
during the first sixty (60) days of such dlsability
absence payments in an amount equal to the difference
between the d1sablllty paYments received under the
Workers' Compensation Act and the employee's full salary.
Such payments by the City shall be made without any
deductlon from accrued sick leave beneflts The City's
obllgation to make such payments shall not commence until
the third day of such disabllity absence.
Employees covered herein, hlred on or after July 1, 1985,
shall be entitled to only those Workers' Compensation
- 21 -
4.07.
4.08.
4.09.
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beneflts specified under State law, and shall recelve no
salary from the Clty during leave covered by the Workers'
Compensation Act.
Jury Duty
Employees covered herein, when duly called to serve on
any jury and when not excused therefrom, shall receive
the~r regular compensation less all Jury fees recelved
excludlng mileage for the tlme required to be spent on
active Jury duty Each employee receiving a notlce to
report for Jury service shall lmmedlately notlfy hls/her
immediate supervisor. The employee shall make every
effort to cooperate wlth any request by the City Attorney
or his/her designee to request a delay in jury service to
accommodate important department work in progress.
Whenever dally jury duty schedullng permits, employees
shall return to their regular dally job assignment to
complete their regular dally work hours
Bereavement Leave
Bereavement leave of not more than flve (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, chlld, brother, slster, parent,
parent-in-law, son-in-law, daughter-in-law, step-parent,
step-brother, step-sister, grandparent or grandchlld.
In addltion, bereavement leave of not more than five (5)
worklng days wlth pay shall be provlded for absence from
duty due to the death of any member of the employee's
household.
Parental Leave
Employees who demonstrate that they have primary
responsibility for the care of a new Chlld who requires
constant parental supervision shall be entitled to a
leave of absence totaling four (4) months immedlately
following the child / s blrth or adoptlon and shall be
returned to the same job classlfication occupied prlor to
the leave upon its explration. Pa1d vacation leave or
slck leave, If applicable, as well as unpaid leave shall
be counted toward the four (4) month total. Paid slck
leave can be used only if the requirements of this MOD or
Sectlon 2.04.570 (Sick Leave) of the Santa Monica
Municipal Code are met. Addltional leave may be
requested under the provisions of this MOU governing
leaves of absence without pay (Section 4.04).
Maternity leave is not
shall be admlnistered
Federal law.
same as parental
accordance with
leave and
State and
the
in
- 22 -
4.10.
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Professional Leave
As partial recognitlon of the sensitive and demanding
nature of the employee-employer relationship as regards
employees covered hereln, the City hereby agrees to grant
to each employee covered hereln eight (8) professional
days off wlth pay to all such employees wlth less than
fifteen (15) years of service. An additional
professional day [total of nine (9) days] shall be
granted to all covered employees with fifteen (15) or
more years of service.
Professional days shall be earned in increments wlth five
(5) days available July 1 of each flscal year and three
(3) additional days available January 1 of each fiscal
year. Employees wlth nine (9) days shall earn the extra
day as of January 1 of the fiscal year. Unused
professional leave days may be paid to the employee lf
he/she records them on the final time card of each flscal
year or in such other pay period required by the Payroll
Divlslon of the Finance Department. Unused cashable
professlonal leave days paid to the employee at the end
of each flscal year shall be pald on the basis of elght
(8) hours pay, at the employee's base salary rate of pay,
for each professional leave day eligible for payoff
In addition to the cashable professlonal leave days
described above, each employee covered herein shall be
entitled to two (2) non-cashable professlonal leave days.
The two (2) non-cashable professional leave days shall be
earned in increments with one (1) day available July 1 of
each year and one (1) addltional day avallable January 1
of each fiscal year. These two (2) non-cashable
professional leave days shall not be accruaole from year
to year if not used ln any given flscal year, nor shall
the employee be compensated for unused non-cashable
professlonal leave days at the end of the flscal year
Any unused non-cashable professlonal leave day (s) shall
be forfeited at the end of the fiscal year.
Each employee covered herein who is requ1red, by the
scheduling requirements of the court system, to work
Monday through Friday of each calendar week, shall be
entltled to receive five (5) additional non-cashable
professional leave days over and above those described
above. The flve (5) addltional non-cashable professional
leave days shall be earned in increments wlth three (3)
days avallable July 1 of each year and two (2) additional
days available January 1 of each fiscal year These five
(5) additional non-cashable professional leave days shall
not be accruable from year to year if not used in any
given flscal year, nor shall the employee be compensated
for unused non-cashable professlonal leave days at the
end of the fiscal year. Any unused non-cashable
- 23 -
4.11
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professlonal leave days shall be forfeited at the end of
the fiscal year. In the event that the City Attorney's
Office places an employee who would normally be requ~red
to work Monday through Frlday as of result of the
scheduling requirements of the court system on a
compressed work schedule, sald employee would no longer
be entitled to receive additional non-cashable
professional leave days once his/her work schedule has
been changed.
Family Leave
The City hereby agrees to lmplement family and medical
leave in accordance with the California Famlly Rights Act
(CFRA) and the federal Faml1y and Medical Leave Act
(FMLA) for all employees covered herein. These statutes
shall supersede and be implemented in lieu of any
contract language or City policy/practice which provides
a lesser benefit.
Before the issuance of any administratlve regulatlons
pertaining to leave under the CFRA or FMLA, the City
agrees to dlscharge its meet and confer obllgation wlth
PAD.
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ARTICLE V: WORKING CONDITIONS
5.01.
5.02.
5.03.
Safety
The City shall provlde a reasonably safe and healthy
worklng enVlronment in accordance wlth applicable State
and Federal laws and regulations. The Recognized
Employee Organization agrees that where safety devices or
ltems of protective equlpment are requlred or furnished,
their use shall be mandatory.
It is mutually agreed that a representative of the
Recognized Employee Organization may attend meetlngs of
the Administrative Safety Committee when, in the oplnion
of such representative, a safety hazard exists which
should be considered by the Safety Committee.
Employee Parking
It lS hereby agreed that the C~ty will make every effort
to maintain free parking as it presently exists for City
employees at Clty facilltles. The employees covered by
this Agreement recognize that the Clty must comply wlth
Regulatlon XV lssued by the Air Quality Management
Dlstrict (AQMD) and the City's Transportatlon Management
Plan Ordinance. If the use of positive incentlves does
not result ln the Clty meetlng the compliance
requirements of AQMD's Regulation XV within one (1) year
of the effective date of this Agreement, it is understood
that the Clty can lmplement a charge for employee parklng
in an effort to meet those requirements. In addition, lf
it should become necessary to charge for parking during
the term of this Agreement In order to comply with any
other local, State or Federal requlrements regarding
transportation management, the City can lmplement said
charge. However, ln no event shall the City lmplement
such a charge for parking wlthout meeting and conferring
with PAU should any employee (s) represented by them be
subject to such a charge.
Performance Evaluatlons And Effect Of Job Performance On
Salary
The City Attorney or his/her designee shall evaluate ln
wri ting the performance of employees covered herein on
the followlng schedule:
A. Once at the conclusion of the first six (6) months
of employment.
- 25 -
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B At the conclusion of the flrst year of employment.
C. Annually thereafter on or about the employee's date
of entrance anniversary.
If the City Attorney or his/her deslgnee falls to conduct
a performance evaluatlon on or before its due date, the
employee shall advise the Clty Attorney in writing that
the evaluation is past due. The City Attorney or hls/her
deslgnee shall complete the evaluatlon within fifteen
(15) days of sald written notlce and any step increases
tied to the evaluation shall be retroactive to the pay
period in whlch the evaluatlon was originally due.
In exceptional cases, based upon an Overall ratlng of
OUTSTANDING, the City Attorney may authorlze a step
increase prior to the employee achieving the length of
service normally associated with the salary step. In no
event shall the rate exceed the maximum (E-step) rate for
the employee's class.
Notwlthstanding any provls10n contained hereln, there
will be no increase ln 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
lncreases in wages untll the NOT ACCEPTABLE ratlng has
been lmproved to at least the SATISFACTORY level. If
overall performance is rated NOT ACCEPTABLE an employee
may be dlsmissed from service, and if two (2) consecutive
performance ratlngs are marked NOT ACCEPTABLE, the
employee shall be dlsmissed by the appointlng authority.
An overall ratlng in the BELOW SATISFACTORY category may
delay the next scheduled salary increase at the
dlscretion of the appolnting authority. Such action
shall remaln in effect untll the ratlng has been improved
to at least a SATISFACTORY level.
An employee who recei ves an evaluation of BELOW
SATISFACTORY or NOT ACCEPTABLE shall recelve a follow-up
evaluatlon in three (3) months to assess progress ln
correcting performance problems.
An employee who recelves an evaluation of BELOW
SATISFACTORY or NOT ACCEPTABLE may request review of the
rating by a panel consisting of the Assistant Clty
Attorney, Chief Deputy Attorney of the employee's
dlvision and a thlrd Deputy Attorney of the employee's
choice who shall reVlew the rating and make
recommendatlons to the City Attorney in wrltlng. The
Clty Attorney shall conslder the recommendations of the
panel and respond with hls/her final decision includlng
reasons, in wrltlng.
- 26 -
5.04
e
It
Commencing on July 1, 1992, an employee who has reached
the maximum base salary establlshed for a Deputy Attorney
III posltlon and who has been at that salary step for at
least one (1) year and whose most recent performance
ratlng lS overall ABOVE AVERAGE or better shall be
eliglble on his/her anniversary date to recelve a cash
paYment of five (5) percent of the annual base salary
The ratlng upon which this payment shall be based shall
be the assessment of the individual conducted in the
preceding year, pursuant to this Section of the
Agreement. Said payments shall not be considered base
salary ln computing subsequent salary adJustments but
shall be subJect to PERS contributions. The bonus
paYment, if any, shall be made wlthin thlrty (30) days of
the employee's anniversary date as regards appointment to
a Deputy Attorney III position and shall be based on the
annual base salary ln effect on said ann1versary date
Employment Separatlons
A Reductions in Force
PAU, and each affected member of PAU, shall be
provided thirty (30) days' actual, written notice of
any reduction in force (l.e , layoff resulting from
a reductlon of the number of Deputy City Attorney
positions budgeted in the Clty'S Adopted Budget) by
the abolition of any position(s) held by non-
temporary employee(s). No employee shall be
termlnated pursuant to this provision prlor to
eXplratlon of the notlce period.
- 27 -
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ARTICLE VI
EMPLOYER/EMPLOYEE RELATIONS
6.01.
6.02.
6.03.
6.04.
Payroll Deductlons
It lS mutually understood and agreed that the Clty,
subJect to the provisions of Ordinance No. 801 (CCS) and
durlng the term of this MOU, shall deduct and remlt to
the office or off leer deslgnated in the employee payroll
deduction authorization recogn1zed employee organization
dues, credlt unlon investments or paYments, health and
hospitallzation insurance premiums, and life and accident
lnsurance programs
Reasonable Notlce
A copy (via the United States Postal Servlce) of the Clty
Councl1 and/or Personnel Board agenda for each meetlng
mailed to the authorized representative of the Recognized
Employee Organization shall constltute reasonable wrltten
notlce, and notice of an opportunlty to meet with such
agencies, on all matters within the scope of
representation upon which the City Councilor Personnel
Board may act.
Tlme Off For Assoclatlon Business
Authorized Associatlon representatives shall be allowed
to utilize a total of forty (40) hours of time off with
pay during each calendar year to conduct necessary
Association business. These forty (40) hours per annum
represent the aggregate maXlmum use for all authorized
representatives of the Association per annum.
Grievance and Complaint Policy
In the event any grlevances, disputes or dlsagreements
arise concerning the matters within the scope of
representation of the Recognlzed Employee Organization,
such grievances, disputes or disagreements shall be
resolved as follows:
Grlevances, disputes or dlsagreements concerning the
lnterpretatlon or applicatlon of the terms of thlS MOU
shall be resolved, if possible, by meeting and conferrlng
in good faith. If unresolved by such meetings within
five (5) worklng days the partles shall consider
submittlng such lssues to mediatlon as provided by
Ordlnance No. 801 (CCS). If either party cannot agree to
- 28 -
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mediation wlthln five (5) working days, the parties shall
then select a grlevance board made up of one (1)
representatlve of PAU, one representatlve from
management, and a third who shall be a member of the
State Conclliation Service who shall also act as
chairperson. The decision of the board shall be blndlng
subject to approval of the Clty Council.
- 29 -
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IN WITNESS WHEREOF, the parties hereto have
Memorandum of Understandlng to be executed this
December , 1995.
caused this
14th, day of
PUBLIC ATTORNEYS UNION
~~
Da V':l:'ti-130 rr uio .
pwes/t;v~
Adam Radit~:;
PAU Representative
~~-
Barry "Rbsenbaum
PAU Representative
CITY OF SANTA MONICA
r-~;!; ~0e~i
Jo.lin JaliIi
Clty Manager
APPROVED AS TO FORM
h1 /J I L ; ~<L -< ~ ~..ttq.
'M~h~~;~ Moutrle
Clty Attorney
(,.r:-au.'TlO::....:. 9S'"
- 30 -
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Adopted and approved this 13th of December, 1995
I!J~
Mayor
I hereby certIfy that the foregomg ResolutIOn 8975 (CCS) was duly adopted at a meetmg
of the CIty CouncIl held on the 13th of December, 1995 by the followmg vote
Ayes
Council members
Abdo, Genser, Holbrook, O'Connor, Rosenstem
Noes
Council members
None
Abstam
Council members
None
Absent
Council members
Ebner. Greenberg
ATTEST
~ 'l.u.~
CIty Clerk