R-8973
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RESOLUTION 8973 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
MANAGEMENT TEAM ASSOCIATES
WHEREAS, the City administration and representatives of the
Management Team Associates 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 wntten 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 Management Team Associates;
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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 Management Team Associates, a copy of which IS
attached hereto.
Section 2. The City Clerk shall certify to the adoption of this Resolution,
and thenceforth and thereafter the same shall be In full force and effect.
APPROVED AS TO FORM:
~
MARSHA J N
City Attorney
Ikb 'ml. 95"J
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF SANTA MONICA, CALIFORNIA
AND
MANAGEMENT TEAM ASSOCIATES
TABLE OF CONTENTS
ARTICLE I: GENERAL PROVISIONS
1.01 Parties to Memorandum.. .... .......... ......... 3
1 . 02 Purpose....................................... 3
1 03 Term of Agreement...... . . . . . . . . . . . . . . . . . . . . . .. 4
1.04 City Council Approval........... ........... ... 4
1.05 Recognized Employee Association Name.......... 4
1.06 Scope of Representation......... .............. 4
1 07 Full Understanding, Modification and Waiver... 5
1.08 Management Rights Reserved... ............... 5
1.09 Peaceful Performance of City Service....... ... 6
1.10 Validity of Memorandum of Understanding.... ... 7
1.11 Capt~ons for Convenience... ................ ... 7
1.12 Equal Employment and Non-Discrimination.... ... 7
1.13 Definitions................................... 8
1.14 Overpayment Remedy.. ........... ............... 10
1.15 Payments at Termination.... ................ ... 10
ARTICLE II:
COMPENSATION
2.01 Effective Date of Pay Increase. ............... 12
2 . 02 Salarles...................................... 12
2 . 03 Overt ime. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13
2.04 Promotional Pay Rate... . . . . . . . . . . . . . . . . . . . . . .. 13
2.05 Y-Rating...................................... 14
2.06 Pay for Servlng in a Higher
Job Classification............................ 14
ARTICLE III:
SUPPLEMENTAL BENEFITS
3.01 Health Insurance Programs.. ................ ... 16
3.02 Retirement............... .................... 17
3.03 Tui t~on Reimbursement..... . . . . . . . . . . . . . . . . . . .. 18
3.04 Deferred compensation...... ................ ... 19
3.05 Mileage Reimbursement and Energy
Conservation.. ......... ..................19
3.06 Mental Health Insurance........ ............... 19
3.07 Term Life Insurance............ .............. 20
3.08 Long Term Disability Insurance. .............. 20
3.09 Recognition of Exceptional Performance....... 20
3 10 Performance Based Increases.... ...... ........ 21
3.11 Sick Leave Buy Back.... ................. ..... 22
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ARTICLE IV: LEAVES
4.01
4.02
4.03
4.04
4.05
4.06
4.07
4.08
4.09
4.10
4.11
ARTICLE V:
Paid Holidays. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 24
Vacation Leave. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 25
Sick Leave.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 26
Leave of Absence Without Pay.... ........ ...... 27
Military Leave. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 27
Workers' Compensation Leave............. ...... 27
Jury Duty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 28
Bereavement Leave...... ................. ...... 28
Management Leave....... ................. ...... 28
Parental Leave................................ 29
Family and Medical Leave... .......... ......... 29
WORKING CONDITIONS
5.01 Safety and Loss Prevention. .......... ......... 31
5.02 Effect of Job Performance on Salary....... .... 31
5.03 Employee Parking....... ......... .......... .... 32
ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS
6.01 Payroll Deductions..... ................... .... 33
6.02 Reasonable Notice..... ................... .... 33
6.03 Grievance and Complaint Policy.. ........... ... 33
EXH IB IT A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 37
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ARTICLE I: GENERAL PROVISIONS
1. 01
Partles to Memorandum
Th~s Memorandum of Understanding has been prepared
pursuant to the terms of Ordinance No. 801 (CCS) of the
City of Santa Monica, which Ordinance is hereby
incorporated by reference as if fully set forth herein,
and has been executed by the City Manager on behalf of
management officials of the City and by the MANAGEMENT
TEAM ASSOCIATES (MTA), and on behalf of employees
occupying the line-item full-tlme employment position
classifications set forth in Exhlbit A which is attached
hereto and made a part hereof.
In the event new job classifications are created which are
proposed to be added to the MTA unit, the Municipal
Employee Relations Officer will notify MTA prior to the
Personnel Board and City Council considerations of the new
classifications. Any classifications proposed to be added
to the unit shall be mutually agreed upon in writing and
will become effective upon execution by the President of
MTA and the Municipal Employee Relations officer.
As of January 1, 1992, the following posltion
classifications will no longer be represented by MTA. Each
lncumbent in any of these classifications who elected, as
of December 31, 1991, to be "grandparentedn 1n MTA will
contlnue to receive MTA benefits, as set forth ln this
Agreement and any subsequent Agreements, as long as he/she
continues to hold the position classiflcation in question.
Auditorium Operations Supervisor
Prlncipal Community Services Supervisor
(formerly Recreation Supervisor)
1. 02
Purpose
The parties agree that the purpose of this MOU is: to
promote and provide harmonious relatlons, cooperation and
understanding between the City and the employees covered
herein; to provide an orderly and equitable means of
resolving differences which may arlse under thls
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 MTA.
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1. 03
1. 04
1. 05
1. 06
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Term of Agreement
ThlS Agreement shall be effective as of the 1st day of
July 1995 and shall remain in full force and effect until
the 30th day of June 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
of each year that it desires to terminate or modify this
Agreement, and specifically indicates requested
modifications. In the event that such notice is glven,
negotiat~ons shall begin no later than April 1 with a
signed contract desired July 1.
Clty Council Approval
This MOU is of no force or effect whatsoever unless or
until ratified and approved by resolution duly adopted by
the City Council of the Clty of Santa Monlca.
Recognized Employee Association Name
The MTA is hereby acknowledged as the Recognized Employee
Organization representing only the permanent line-item
employment position classiflcations set forth in Exhiblt
A (which is attached hereto and made a part hereof)
pursuant to Section 3.04 (c) of Ordinance No. 801 (CCS).
It is the mutual understanding of the parties hereto that
acknowledgment of the MTA as the Recognized Employee
Organization:
A.
Does not preclude employees
pos~tion classifications
themselves individually in
relations with the City.
in such employment
from representing
their employment
B. Does not preclude or restrict the right of
management officials to meet and consult with
employees in such employment position
classificat~ons concernlng their employment
relations with the City.
Scope of Representation
The scope of representation of the Recognized Employee
Organization shall include all matters relating to
employment conditions and employer-employee relations
including, but not limited to, wages, hours, and other
terms and conditlons of employment, except, however, that
the scope of representation shall not include
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consideration of the merits, necessity, or organization of
any service or activity provided by law or executive order
and that the scope of representation shall be exercised or
performed in compliance with the provisions of Ordinance
No . 801 ( CCS) .
Full Understanding, Modification and Waiver
The partles agree that each has had full and unrestricted
rlght 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. The parties are not bound
by any past practices or understandings of either party
unless such past practlces or understandings are
specifically stated in this MOU except that provisions or
conditions not specifically changed in this or previous
MOU's shall be as prescribed by the Civil Service
provisions of the Santa Monica City Charter and the Santa
Monica Municipal Code. Each party, for the term of this
MOU, specifically waives the right to demand or petition
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).
Management Rights Reserved
The City retains all rights not specifically delegated by
this Agreement, including, but not limited to, the
exclusive right to:
A.
Direct, supervise,
discipline, discharge,
and retain employees.
suspend,
schedule,
hire, promote,
transfer, asslgn,
B. Relieve employees from duties because of lack of
work or funds, or under conditions where continued
work would be inefficient or nonproductive.
C. Determine services to be rendered, operations to be
performed, utilization of technology, and overall
budgetary matters.
D. Determlne the appropriate job classifications and
personnel by which government operations are to be
conducted.
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E. Determine the overall mission of the unit of
government.
F.
Maintain and improve the efficiency
effectiveness of government operations.
and
G. Take any necessary actions to carry out the mission
of an agency ln 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.
Peaceful Performance of City Service
It is mutually understood and agreed that participat~on 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 offlcial.
A. It is further understood and agreed that none of the
parties hereto will participate in, encourage,
assist or condone any strike, concerted work
stoppage, cessation of work, slow-down, sit-down,
stay-away, picketing or any other form of
interference with or limitation of the peaceful
performance of City serVlces.
B. In the event that there occurs any strike, concerted
work stoppage, cessation of work, slow-down,
sit-down, stay-away, picketing or any other 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 actlon of the City Manager 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.
C. Neither the employee organization, nor any person
acting In concert with them, wlIl cause, sanction,
or take part in any strike, walk-out, sit-down,
slow-down, stoppage of work, plcketing, retarding of
work, abnormal absenteeism, withholding of services,
or any other interference with the normal work
routlne. The provls10ns 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 the Recognized Employee
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Organizatlon shall be cause for the City, at its
sole option, to terminate this Agreement in addition
to whatever other remedies may be to the City at law
or in equity.
D. The City agrees that there shall be no general
lockout of bargaining unit members.
Validity of Memorandum of Understanding
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 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 or Santa
Monica Municlpal Code provision WhlCh would be applicable
and contrary to any provision herein contained, then such
provlsion 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
provislon.
Captions for Convenience
The captions herein are for convenience only and are not
a part of this MOD and do not in any way limit, define, or
amplify the terms and provlslons hereof.
Equal Employment and Non-Discrimination
It is agreed by both parties to this MOU that management
officials play a special role in achieving equal
opportunity in selecting, training, promoting, and
disciplining employees. The parties hereto will work in
partnership with the Personnel Department to ensure full
compliance with the letter and spirit of all applicable
local, State, and Federal laws, rules and regulations
governing equal opportunity and with the Affirmative
Action Program and Sexual Harassment Policy of the Clty of
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Santa Monica which are incorporated by reference herein.
Both parties acknowledge that progress in meeting
affirmative action goals and the maintenance of a
harassment-free work environment are appropriate
indicators of performance of an employee subject to this
MOU. Both parties also agree to abide by the requirements
of the Americans with Disabilities Act (ADA).
Definitions
The following definitions are to be applied in the
interpretation of this MOU:
A. "Salary Range" shall mean the normal five steps (A
through E) hourly or monthly pay scale (and the
bi-weekly equlvalent) assigned to each emploYment
position class~flcation within the City work force,
unless changes to the payroll system make a range of
ten (10) steps possible, as described in Section
3.10 of this MOU.
B n Salary Range Steps A through E" for each employment
position classification within the City work force
shall mean and be established to bear the followlng
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 satlsfactory service.
Step A - 81% of Step E
Step B - 85% of Step E
Step C - 90% of Step E
Step D - 95% of Step E
Step E - 100%
C. "Nearest Dollar" shall mean the next lower dollar
when the computed amount is fifty (50) cents or less
and the next higher dollar when the computed amount
lS fifty-one (51) cents or more.
D. "Line-item position" shall mean a position which is'
(1) specifically itemized in the personnel schedule
of the annual budget of the City of Santa
Monica, and
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(2) eligible to accumulate vacation, sick leave and
other time off in proportion to the percentage
of the full-time forty (40) hour week. Other
fringe benefits shall be provided to part-time
employees covered herein as if they were
employed on a full-time basis.
E. "Permanent Employees" shall mean:
(1) A person who is legally an lncumbent of a
line-item position, full or part-t~mei or
(2) A former 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 his/her status under the 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
position in the classified service of the City of
Santa Monica, either by original employment,
re-employment or promotion. The date of entrance for
employees with broken service shall be considered as
the date on which the last unbroken service was
effective.
G. "Satisfactory Service" shall mean the attainment of
an overall rating not less than nCompetentl1 on the
performance report associated wi th the employee's
most recent date of entrance anniversary.
H. "Full-Time Work Week" shall mean forty (40) hours.
(1) Incumbents of line-item 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 weeki incumbents of line-item
positions employed in a work week greater than
that defined as the full-time work week shall
be compensated for hours in excess of the
full-time work week on the basis of and in
accordance with the provisions of the Article
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1.14
1.15
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hereof relating to overtime. Compensation
shall include base salary, deferred
compensation and any other 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, slck 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.
I. II Pay" shall mean compensation for regular hours
worked, sick leave, vacatlon, bereavement leave,
holidays, management leave days, compensatory time
off and/or jury duty.
J. UIn Pay Status!l shall mean earning pay.
K. uCompleted Calendar Month of Servicen shall mean a
calendar month in which an employee, has been in pay
status for eleven (11) or more working days.
L. !IBase Rate" shall mean the hourly rate for the
employee's salary step excluding any speclal
assignment, bonus pays or other compensation.
Overpayment Remedy
Permanent employees covered herein shall reimburse the
City for any overpayment of wages or benefits. Said
reimbursement shall not be required untll the City
notifies the affected employee in writing. Reimbursement
may be accomplished by a lump-sum deduction made on the
next subsequent employee payroll warrant following
overpayment notlflcation, or by other reasonable repayment
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 is the final
or termination warrant issued to the affected employee.
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 leave, unused management leave
days and unused accrued compensatory time only. No claim
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shall be made against the City for the use or payment of
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
Effective Date of Pay Increase
Notwi thstanding any other provision contained hereln,
changes to the salary range and salary related benefit
changes provided herein shall become effective on the
first day of the payroll period closest to the effective
date stated herein. If the effective date stated herein
falls on the Sunday in the middle of a pay period, the
effective date shall be the first day of the following
payroll period.
2.02
Salaries
Salaries of City employees in line-item positions shall be
on a monthly rate, paid on a bi-weekly equivalent basis.
In lieu of the bi-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 rate shall be determined by
dividing the bi-weekly rate by elghty (80).
A. Effectlve July 1, 1995, the E-step salaries of
employees covered herein shall be increased by two
percent (2%).
For the following classification, the salary
increase provided in Subsection A of this Sectlon
shall be applied to the following E-step salary.
For the purposes of this Section, the E-step salary
for all other classificatlons covered herein shall
be that E-step salary in effect as of June 30, 1995.
Budget Manager
$5,885
B. 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 Monlca 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 clties.
The City will be willlng to receive and evaluate any
salary comparison data that MTA might want to make
available regarding an equity adjustment for a given
classification. Should a compensatlon study indicate
that a given job classification is currently being
paid above the mean salary paid to the same
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2.03
2.04
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classification found in comparable cities, the
salary range of that classification will remain
unchanged. Internal equity factors will also be
taken into consideration, as deemed appropriate by
the City, when determining whether or not an equity
adjustment for a given classification is warranted.
Equity adjustments described herein will be
considered on an annual basis, either as a part of
the annual budget process if no MOU negotiations
should be occurring during the year or as a part of
the MOU negotiations process should the MOU be up
for negotiation.
Overtime
Employees covered herein are exempt employees as defined
by the Fair Labor Standards Act (FLSA) as FLSA is applied
to public agency employees. As a result, employees covered
herein will not have to account for their work time on an
hourly basis and will only need to account for each full
day of absence which occurs on a regularly scheduled work
day. Employees covered herein, as exempt employees, will
not be eligible to accrue compensatory time or be paid
overtime.
Promotional Pay Rate
If a permanent employee covered herein ~s promoted and
his/her salary is equal to or greater than the entrance
salary of the promotional classification, the employee's
salary shall be increased to the next higher salary rate
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.
In the event the promotion is to a supervisory position,
the employee promoted shall recelve not less than the next
higher salary rate which provides a minimum five (5)
percent increase above the highest salary rate being paid
to any subordinate, provlded, however, that ln no event
shall the salary rate exceed the maximum salary rate for
the new classificat~on.
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 hlgher salary rate in the new classification which
provides a m1nimum of five (5) percent salary increase,
provided, however, that in no event shall the salary rate
exceed the maximum salary rate for the new classification.
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2.05
2.06
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Y-Rating
When a personnel action, e.g., demotion due to layoff or
reclassification, results in the lowering of the salary
range of a permanent employee covered herein, the
incumbent employee's salary may be Y-rated. "Y-rated"
shall mean the maintenance of the employee's salary rate
at the level effective the day preceding the effective
date of the personnel actlon placing the employee in a
lower salary range. The employee's salary shall remain at
such level until the salary range of the new
classification equals or exceeds the Y-rated salary. Any
MTA member whose position is abolished shall be demoted to
the highest pos1tion under the member's supervision for
which he/she qualifies and subject to the nY-Rating"
provislons above.
Pay for Serving in a Higher Job Classification
When, in the determination of the Department Head or City
Manager, it is necessary to specifically assign an
employee the significant duties and responsibilit~es of a
higher classif2cation, the employee so assigned shall be
compensated as follows:
A. If the position is temporarily vacant due to the
vacation, long-term sick leave or other temporary
absence of the employee in the higher
classification, wlth said absence to be a minimum of
twenty (20) consecutive work days, the employee
temporarily assigned shall receive the salary rate
for the vacant classification at the lowest salary
step which provides an increase of at least five (5)
percent over hls/her current salary for all such
work days asslgned in the higher classification. If
the assignment was not projected to be a mlnimum of
twenty (20) consecutive work days, but ends up being
at least twenty (20) consecutive work days in
length, the employee filling that higher
classification will receive the hlgher rate of pay,
as spelled out in this section, retroactive to the
first day of the assignment. The City shall not
rotate employees in and out of the higher posltion
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 the classification, the
Department Head or City Manager, if he/she has
lnitiated procedures to fill the vacancy on a
permanent basis, may assign an employee who meets
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the mlnlmum qualifications of the vacant position to
fill the position on a temporary detail (acting)
basis. The employee so assigned shall recelve the
salary rate for the vacant classlfication at the
lowest salary step which provides an increase of at
least five (5) percent over his/her current salary.
If an eligible list exists for the vacant position~
the Department Head shall 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
lnterim period.
Nothing in this section shall require the City to
make temporary assignments of employees.
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ARTICLE III: SUPPLEMENTAL BENEFITS
3.01
Health Insurance Programs
A. Medical Insurance
Effective July 1, 1995, the City agrees to pay up to
a maximum of $475 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 medical plan year and wlll
be a "composite" monthly premium derived by dividlng
the total monthly premium for all medical plans
offered by the City, except the PERS PORAC medical
plans or any other PERS medical plans, by the total
number of employees enrolled in sald medical plans
as of the beginning of the medical plan year. Any
extra payment required under such plans shall be
paid by the employee electing such coverage.
The City and MTA agree that employees should benefit
from any premium savings which accrue from the
lmplementation of a new health insurance program
(Triple Option Plan + 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:
(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 + Kaiser for those same
employees.
(2) If there should be any premium savlngs 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) particlpating in
the Clty'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 MTA and the other City bargaining
uni ts to determine the method by which said
payment will be made (e. g. , lump sum,
contributions to deferred compensation plan,
etc. ) .
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In the event the 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.
B. Dental Insurance
Dental insurance coverage shall be provided at no
cost to the employees and their eligible dependents
provided that employees covered here~n participate
ln the City-offered dental insurance programs.
C. vision Insurance
The City agrees to continue to provlde 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.
Retlrement
The City is a contract member of the Public Employees'
Retirement System, and it is understood and agreed that
such membership will be maintained and that employee
eligibility classification, contribution, and benefits are
as prescribed in the contract between the City and the
Publ~c Employees' Retirement System heretofore approved by
the City Council. The City shall continue to pay on
behalf of each permanent employee covered herein one
hundred (100) percent of the indlvidual employee's share
of the required retirement contributlons to PERS [seven
(7) percent of the employee's rrcompensationrr as defined by
PERS legislation] for the term of thls MOU
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
employees so that they will be credited to the particular
17
3.03
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employee's individual account with PERS and upon
termlnation will belong to the employee.
It is agreed that if State and/or Federal procedures
require reportlng of these payments in any other manner,
the parties will abide by such requirements.
Tuition Reimbursement
The City will budget annually sufflcient funds to pro~ide
each permanent line-item employee of the MTA tuition and
requlred study materlal reimbursement for career
improvement or job enhancement courses approved by
authorized department management officials and subject to
appeal to and approval of the Director of Personnel.
Reimbursement shall equal the total cost of tuition
(exclusive of lodging and meals) and the total cost of
required study materials, provided, however, that:
A. The maximum annual amount of reimbursement per
individual employee shall not exceed one thousand
dollars ($1,000.00).
B. The course of study must be approved in advance by
authorized department officials and the Director of
Personnel.
C. The course must be directed to qualify the employee
for an employment position represented in the City
work force or to enhance current job skills.
D. The employee must exhibit some reasonable
expectation of qualifying for the new position upon
successful completion of the study course if that
was the reason for the course.
E. Reimbursement shall be made upon successful
completion of the preauthorized course and upon
presentation of receipts and proof of satisfactory
course completion.
F. In no event shall the City's reimbursement be
reduced when there is an outside source of aid
except in those cases where the ald from any outside
source, plus the normal City reimbursement, exceeds
the cost of tuition and study material for the
approved study course.
G. Only employees who have completed a probatlonary
period with the City shall be eligible for this
program.
18
3.04
3.05
3.06
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H. Courses for which tuition reimbursement will be made
must be taken on the employee's time or on
authorized vacation leave.
I. The procedure to be followed with regard to the
adminlstration of the tuition reimbursement program
shall be established by the Personnel Department.
Deferred Compensation
The City agrees to contribute to the plan three hundred
twenty-five (325) dollars per month per participating
employee. In addition, the City further agrees to
contribute to the plan the amount the participating
employee is contributing to the plan on his/her behalf,
but in no event shall said additional amount exceed
seventy-five (75) dollars per month per participating
employee. The City's contribution under this Section
shall not exceed four hundred (400) dollars per month per
participating employee.
Mileage Reimbursement and Energy Conservation
Reimbursement to permanent employees covered herein for
the authorized use of personal automobiles on City
business shall be at the rate authorized by the City
Councll. Reimbursement rates will be considered in
preparing budget recommendations at least every two (2)
years.
Santa Monica Municipal Bus Line tokens, to a maximum of
twenty (20) tokens per month, will be provided to any
employee covered herein who submits, on the City form, a
record of his/her trips (home to 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 who has not been issued a C~ty 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.
Mental Health Insurance
The City agrees to provide mental health lnsurance
coverage, at no cost, to permanent employees and their
eligible dependents provided that employees covered herein
19
3.07
3.08
3.09
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participate in the City-provided mental health insurance
program.
Term-Life Insurance
The City agrees to maintain at no cost to the employee a
term life insurance plan for permanent employees covered
herein, with individual coverage of twice the employee's
annual base salary.
Long Term Disability Insurance
The City agrees to maintain a long term disability plan
for permanent employees covered herein, at no cost to the
employee. Coverage shall be maintained under current
terms. The max~mum salary upon which benefits are
calculated shall be $6,667.00 per month.
Recognition Of Exceptional Performance
Exceptional performance beyond the established goals and
objectives for employees covered herein may result in a
cash performance incentive of one (1) percent to ten (10)
percent of the employee's annual salary for the past
fiscal year. Such payments shall be regarded as one-time
bonuses and shall not become part of the employee's base
rate. They are subJect to retirement contributions.
Employees below the E-step of the salary range may receive
a merit step increase or a cash bonus for exceptional
performance, but may not receive both in a given contract
year.
A merit pool, not to exceed six (6) percent of the base
salaries of employees covered herein shall be established
annually from which any and all such payments shall be
made. Nothing hereln shall be construed as requiring that
all pooled funds be distributed in any year.
The program procedures shall include, at a minimum, that
Department Head recommendations with appropriate
Justlfication be forwarded to the City Manager by July 31
of each year and that the City Manager and Director of
Personnel review the department recommendations for
conslstency and resolve resource problems if the
recommendations total more than the available funds by
August 15. The final recommendations of the City Manager
will be made and communicated to the employees and their
Department Heads during the last week in August and
payment shall be made by September 15.
20
3.10
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If, in the opinion of the City Manager, no cash payment is
warranted by an employee's performance, the employee shall
have the opportunity to present, within ten (10) days of
notification that no payment is due, additional
information that might alter the City Manager's decision.
The decision of the C~ty Manager, after consideration of
any such additional information, shall be final and no
appeal may be taken therefrom. The amount of payment is
not subject to appeal.
It is expressly understood and agreed that the performance
incentive payments described in this Section do not
constitute a generally granted increase under Section 1100
of the City Charter and Section 2.04.680 of the Santa
Mon~ca Municipal Code and that denial of such payment does
not constitute a demotion.
Upon the execution of this Agreement, a joint
labor-management committee will be established to develop
specific criteria and procedures to be used as the basis
on which each MTA employee will be evaluated to determine
the amount, if any, of his/her merit bonus. This committee
will be comprised of not more than three (3) MTA
representatives and three (3) Department Heads. The t~me
l~ne outlined in paragraph three (3) of this Section could
be modified as a result of the committee's recommendation.
The committee's recommendations will be subject to the
approval of the City Manager and can only be implemented
if said approval ~s obtained. The comm~ttee will present
its initial recommendations to the City Manager by no
later than March 31, 1996.
Performance Based Increases
If during the term of this MOU, the payroll system has
been changed by the City to provide for a ten-step salary
range, the range adopted shall be as follows:
IIAII 80.0% of Step liE
"AI" 82.5% of Step liE
BII 85.0% of Step liE
BIll 87.5% of Step IlE
CIl 90.0% of Step IlE
CII! 92.5% of Step liE
DIl 95.0% of Step 11 Ell
DI" 97.5% of Step liE"
E" 100.0%
Steps "A111,1I IIB11l,llC1", and "DIll shall be referred to as
lI~nterim steps."
21
3.11
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Normal progression through the range shall be as provided
in Section 5.02, "Effect of Job Performance on Salary." On
an employee's anniversary date, the Department Head may
elect to grant an increase to an interim step, rather than
to the next full step, if performance ~s rated Improvement
Needed or Unacceptable. A Department Head may elect to
grant an increase of one full step plus one interim step
on the employee's anniversary date if performance is rated
above average or better. In no event may such increases
exceed the E-step of the salary range for the employee's
classification.
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 nbank" unused sick leave.
Payment at the employee's base rate for the fiscal year
during which the sick leave was earned but not used 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 "bankll 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 Contract Year" column
of the "Vacation, Sick Leave and Compensatory Timeu report
issued by the Finance Department at the beginning of the
fiscal year during which payable sick leave is earned.
Annual sick leave payoffs under this Section for employees
with less than ten (10) years of serV1ce 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 or less
3
4
5
6
7
8 or more
6
5
4
3
2
1
o
Annual sick leave payoffs under this Section for employees
w~th ten (10) or more years of service shall be made
according to the following schedule, providing there are
enough sick days accrued in the employee' s s~ck leave bank
to cover the payoff described below:
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Sick Leave Days Used
In the Fiscal Year
sick Leave Days Payable
At Fiscal Year End
2 or less
3
4
5
6
7
8
9
10
11
12
13
14 or more
12
11
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 time off not appropriately scheduled in
advance will disqualify an employee from eligibility for
payment under this section
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 I1bankll prior to the payoff date
shall be removed from the "bank").
Sick leave payoffs under th~s section shall be made by
separate check by the end of July following the fiscal
year in which the payable sick leave was earned.
For the purposes of this section, sick leave days subject
to payoff at the end of the fiscal year shall be paid on
the basis of eight (8) hours pay, at the employee's base
salary rate of pay, for each sick leave day eligible for
payoff.
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ARTICLE IV: LEAVES
4.01
Paid Holidays
Employees covered herein shall receive paid holidays as
provided below:
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 Day
The Half-Day Immediately Before Christmas Day
Christmas Day - December 25
The Half-Day Immediately Before New Year's Day
One Float~ng Holiday
All Other Holidays Declared by the City Council
A floating holiday becomes available at the beginning of
each fiscal year and must be taken before the end of that
fiscal year. A floating holiday not taken by the end of
the fiscal year may be paid to the employee if the
employee enters the day on his/her final time card for the
fiscal year. If the employee elects to be paid for the
floating holiday at the end of the fiscal year, he/she
will be paid eight (8) hours of pay at the employee's base
salary rate of pay. Failure to take the floating holiday
or to put the holiday on the last time card for the fiscal
year shall constitute a forfeiture by the employee.
Whenever any day listed herein as a paid hol~day falls
upon the first or second day off of any employee who has
two (2) consecutive days off, the day preceding shall be
deemed the holiday if it falls on the first day off, and
the day following shall be deemed the holiday if ~t falls
on the second day off in l~eu 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.
Employees in departments or divisions observing different
hol~day schedules shall, in lieu of holidays listed above,
receive holidays enjoyed by other operating employees in
that department or divis~on, provided, however, that the
same number of holidays [twelve (12)] shall be observed.
24
4.02
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Vacation Leave
Employees covered herein shall accrue vacation leave with
pay on the following basis:
A. Following completion of the first six (6) calendar
months of continuous serv~ce, 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. Thereafter, up to and including ten (10) completed
years of service, one and one-quarter (1.25) working
days for each completed calendar month of service.
D. Thereafter, up to and including fifteen (15)
completed years of service, one and one-half (1.5)
working days for each completed calendar month of
service.
E. Upon complet~on of fifteen (15) years of service and
thereafter, one and three-quarters (1.75) working
days for each completed calendar month of service.
F. At the C~ty Manager's discretion, a new City
employee who is covered by this barga~ning
agreement, based on the terms and conditions of the
employee's previous employment, may be granted a
vacation accrual rate which exceeds that listed
above.
G. Employees are expected to take their vacat~on each
year. An employee who has accrued vacation to the
maximums prescribed herein may be required to take
vacation leave in order to reduce the accumulat~on
balance The scheduling of vacation shall be
according to department or division policies and
cont~ngent on the service needs of the department.
If an employee is denied the time off required to
maintain a vacation balance below the maximum
allowed, the Department Head shall authorlze payment
to the employee for such vacation as would exceed
the maximum accumulation limit. However, if the
employee is scheduled to take vacation and fails or
refuses to do so, he/she forfeits the excess accrual
without compensation.
H. Accrual of vacation leave shall not exceed three (3)
times the employee's annual accrual of vacation.
25
4.03
.
_.
I. Except as prov~ded herein, the administration or
application of vacation leave provis~ons and the
l~mitations on the accumulation, proport~onate
accumulation, scheduling and payment for such leave
shall be as prescribed in the Civil Service
provisions of the Santa Monica Municipal Code.
J. If an employee covered herein should receive a
payoff for any unused accrued vacat~on days, said
days shall be paid on the basis of eight (8) hours
pay, at the employee's base salary rate of pay at
the time of the payoff, for each vacation day
eligible for payoff.
Sick Leave
A. The use of sick leave shall be defined as in Section
2.04.570 of the Santa Mon~ca 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
~njury, exposure of the employee to contagious
disease as evidenced by certification from an
accepted medical authority I or medical or dental
appointments of the employee which could not be
scheduled during non-work hours, with proper advance
notif~cation to the Department Head.
B. Employees covered herein shall accrue sick leave
with pay on the following basis, provided that
permanent part-t~me employees shall accrue sick
leave in that proportion as the number of hours
budgeted for the position bears to the full-time
work week:
(I) Following the completion of the first six (6)
calendar months of cont~nuous service, six (6)
working days.
(2) Thereafter, one (1) work~ng day for each
completed calendar month of service.
(3) At the City Manager's discretion, a new City
employee who is covered by this barga~ning
agreement, based on the terms and conditions of
the employee's previous emploYment, may be
granted a lump sum number of sick leave days
upon his/her emploYment with the City of Santa
Mon~ca.
26
4.04
4.05
4.06
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C. The foregoing benefits are cumulative subject to the
follow~ng restrictions:
(I) No more than one-hundred-th~rty (130) working
days may be applied against sick leave for any
one (1) illness.
D. Any employee who is absent because of sickness or
other physical disability shall notify his/her
Department Head or other immediate superior officer
as soon as possible but in any event in accordance
with department rules and regulations.
Leave of Absence Without Pay
A permanent employee covered herein may be granted a leave
of absence without pay upon application approved by the
Department Head and the City Manager. Such leave 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 serv~ce
and qualifications make it desirable for the Cl.ty to
retain the employee's services even at the cost of some
inconvenience to the City.
Military Leave
The City will observe the military leave requirements of
State and Federal law.
Workers' Compensation Leave
Employees covered herein hired by the City on or before
June 30, 1985, receiving disability paYments under the
Workers' Compensation Act of California shall receive the
difference between the disability paYments under the Act
and full salary during the first ninety (90) days of such
d~sability absence.
Employees covered herein h~red by the City on or after
July 1, 1985, shall be entitled to only those Workers'
Compensation benefits specified under State law and shall
receive no salary from the City during a leave for
injuries covered by the Workers' Compensation Act.
27
4 07
4.08
4.09
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Jury Duty
Employees covered herein, 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 indivldual 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 h~s/her immed~ate
supervisor.
Whenever daily jury duty scheduling permits, employees
shall return to their regular daily job assignment to
complete their regular da~ly work hours.
Bereavement Leave
Bereavement leave of not more than five (5) working days
w~th 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 grandch~ld.
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.
Management Leave
As partial recognition of the sensitive and demanding
nature of the employer-employee relationship as regards
employees covered herein, the City hereby agrees to grant
to each employee covered herein eight (8) management days
off with pay to all such employees with less than fifteen
(IS) years of service. An additional management day
[total of nine (9) days] shall be granted to all covered
employees with fifteen (15) or more years of service.
Management days shall be earned in increments with two
(2) days available July 1 of each fiscal year; two (2)
additional days available October 1 of each fiscal year;
two (2) additional days available January 1 of each
fiscal year; and two (2) add~tional days available April
1 of each fiscal year. Employees w~th nine (9) days shall
earn the extra day as of April 1 of the fiscal year.
28
4.10
4.11
-
.
-
Unused management leave days may be paid to the employee
if he/she records them on the final time card of each
fiscal year or in such other pay period required by the
Payroll unit of the Finance Department. Unused cashable
management leave days paid to the employee at the end of
each fiscal year shall be paid on the basis of eight (8)
hours pay, at the employee's base salary rate of pay, for
each management leave day eligible for payoff.
In addition to the cashable management leave days
described above, each employee covered herein shall be
entitled to two (2) non-cashable management leave days.
The two (2) non-cashable management leave days shall be
available July 1 of each fiscal year. An employee must
be on the payroll as of July 1 ~n order to be eligible to
receive the two (2) non-cashable management leave days
for that fiscal year. These two (2) non-cashable
management leave days shall not be accruable from year to
year if not used in any given fiscal year, nor shall the
employee be compensated for unused non-cashable
management leave days at the end of the fiscal year. Any
unused non-cashable management leave day (s) shall be
forfeited at the end of the fiscal year.
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 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 ~ts 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
Sect~on 4.04 of this MQU.
Maternity leave ~s not the same as parental leave and
shall be administered in accordance with State and
Federal law.
Family and Medical 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 City policy/practice which prov~des
a lesser benefit.
29
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Before the issuance of any administrative regulat~ons
pertain~ng to leave under the CFRA or FMLA, the City
agrees to discharge its meet and confer obl~gation w~th
MTA.
30
.
41
ARTICLE V: WORKING CONDITIONS
5.01
Safety and Loss Prevention
The City shall provide a reasonably safe and healthy
working environment in accordance with appl~cable State
and Federal laws, rules and regulat~ons. MTA agrees that
where safety devices or items of protective equ~pment are
required or furnished, their use shall be mandatory.
Both parties recognize the role that management officials
play in loss prevention and safety and agree that
measures of loss prevention and safety are appropriate
indicators of performance of an employee subJect to this
MOU.
It is mutually agreed that a representative of MTA may
attend meet~ngs of the Administrative Safety Committee
when, in the opinion of such representative, a safety
hazard exists which should be considered by the
Administrative Safety Committee.
5.02
Effect of Job Performance on Salary
Normal placement on entry shall be at the A-Step of the
salary range and advancement through the range shall
normally be to B-Step at one (1) year of employment,
C-Step at two (2) years of employment, D-Step at three
(3) years of employment and E-Step at four (4) years of
employment.
The City Manager, in exceptional cases, based upon
spec~fic appraisal of the importance and difficulty of
the work and the experience and ability of the person to
be employed, or or the incumbent, may authorize entrance
salaries higher than the minimum, and spec~al 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 herein, there
will be no increase in wages of any k~nd as a result of
an UNACCEPTABLE rating on the employee' s prescr~bed
periodic performance rating. There will be no subsequent
increases in wages until the UNACCEPTABLE rating has been
improved to at least the COMPETENT level. If overall
performance is rated UNACCEPTABLE, the employee may be
dismissed from service, and if two (2 ) consecutive
performance ratings are marked UNACCEPTABLE, the
31
5.03
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employee shall be dismissed by appointing authority for
ineffic~ency (SMMC Section 2.04.490). Any overall rating
in the IMPROVEMENT NEEDED category may delay the next
scheduled salary step increase at the discretion of the
appointing authority. Such action shall remain ~n effect
until the overall rating has been improved to at least
the COMPETENT level.
Employee Parking
It is hereby agreed that the City will make every effort
to maintain free parking as it presently exists for City
employees at City facilities. The employees 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 Ord~nance. If the use of positive incentives does
not result in the City meet~ng the compl~ance
requirements of AQMD's Regulation XV or the City's
Transportation Management Ordinance within one (I) year
of the effective date of this Agreement, it is understood
that the City can implement a charge for parking during
the term of thi s Agreement in order to meet those
requirements. In addition, if it should become necessary
to charge for parking during the term of this Agreement
~n 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
C~ty implement such a charge for parking without meeting
and conferring with MTA should any employee (s)
represented by MTA be subject to such a charge.
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ARTICLE VI:
EMPLOYER/EMPLOYEE RELATIONS
6.01
Payroll Deductions
It is mutually understood and agreed that the City will,
subject to the provisions of Ordinance No. 801 {CCS} and
during the term of this MOU, deduct monthly and remit to
the office or officer designated in the employee payroll
deduction authorization Recognized Employee Organization
dues, credit union investments or paYments, health and
hospitalization ~nsurance prem~ums, and life and accident
insurance premi umB. Any or all of such payroll deduct ions
are subject to termination by the City Manager upon
twenty-four (24) hours notice for failure to comply with
the provisions of this MOD.
6.02
Reasonable Notice
It ~s mutually understood and agreed that a copy of the
City Councilor Personnel Board agenda for each meeting
mailed, by U.S. Mail or interoffice mail, to the
authorized representative of MTA shall constitute
reasonable written notice, and notice of an opportunity
to meet with such agency, on all matters within the scope
of representation upon which the City Councilor
Personnel Board may act.
6.03
Grievance and Complaint Policy
A grievance is a complaint by one (I) or more employees
concerning the appl~cat~on or interpretation of the MOD,
ordinances, resolut~ons, policies, practices or
procedures affecting the employee's wages, hours and/or
working condit~ons provided, however, that grievances
regarding disciplinary actions must be lodged by the
employee being disciplined and that appeals arising from
suspensions, demotions and removals shall be subject to
the procedures outlined in Section 2.04.750 et seq. of
the Santa Monica Municipal Code, and that complaints
regarding performance evaluations shall be sub] ect to the
procedures contained in Section 2.04.480 of the Municipal
Code.
The City agrees that employees shall be afforded all due
process rights provided in applicable law.
The MTA agrees the r~ghts of probationary employees are
limited to those provlded under the Santa Monica
Municipal Code or City Charter.
33
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Step 1. The aggrieved employee(s} shall meet with the
immediate supervisor regarding the grievance,
which must be stated in writing, specifically
citing the MOU provision, ordinance,
resolution, rule, policy, practice or
procedure that is the subject of the grievance
and the circumstances giving rise to the
grievance within thirty (30) days of the event
giving rise to the grievance.
Step 2. If the grievance ~s not resolved by the end of
the employee's third (3rd) regularly scheduled
day following the day on which presentation of
the grievance to the immediate supervisor
occurred, the employee may, w~ thin five ( 5 )
regularly scheduled days, thereafter appeal to
the second level supervisor, if any.
Step 3. If the grievance is not resolved by the end of
the employee's f~fth (5th) regularly scheduled
day following presentation of the grievance to
the second level supervisor, ~f any, the
employee may, within five (5) regularly
scheduled days, appeal to the Department Head.
The Department Head shall meet with the
employee and the employee's representative to
attempt to resolve the grievance.
Step 4. If the grievance is not resolved by the end of
the employee's tenth (10th) regularly
scheduled day following presentation of the
grievance to the Department Head, the employee
may , w~ thin five (5) days, appeal to the
Director of Personnel, who will investigate
the grievance and make recommendations to the
City Manager, whose decision shall be final.
The decision of the City Manager shall be
issued no later than the end of the thirtieth
(30th) day following presentation of the
grievance by the Director of Personnel.
It is mutually understood and agreed that:
A. All t~me periods in this Section may be extended by
mutual consent of the employee and the management
representative involved.
B. A grievance shall be considered untimely if not
presented by the employee or the MTA within thirty
(30) days of the incident giving rise to the
grievance or within thirty (30) days of its effect
upon the employee in those instances where it is
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shown that the employee could not reasonably have
known of the grievable action.
c. Employees shall have the right to be represented in
grievance matters ~n the following manner:
1. Employees shall have the right to represent
themselves individually in grievance matters.
2.
Employees may designate
department or of MTA to
grievance matters at steps
of the grievance process.
a member of the
represent them in
one (I) and two (2)
3.
Employees may
department, an
representative
three (3) and
process.
designate a member of the
MTA representative, or a legal
to represent them in steps
four (4) of the grievance
4. For the purposes of this section, II days II shall
mean regularly scheduled work days of the
employees in the affected department or
division.
5. Reasonable time off without loss of payor
benefits shall be given to a grievant or MTA
grievance representative to investigate or
process grievances, and to witnesses in any
grievance hearing or meeting held during
working hours.
Before performing any grievance work, MTA
representatives, the grievant or w~tness shall
obtain perm~ssion from the immediate supervisor and
shall report back to work when the grievance work
~s completed. Neither the grievant nor
representative nor witness shall interrupt or leave
work If the supervisor determines that such
interruption or absence will unduly interfere w~th
the work of the employee. However, if the
supervisor denies such time off when requested,
time off must be granted within twenty-four (24)
hours of such request.
D. An employee who has initiated a grievance, or
assisted another employee in ~nitiating and/or
processing a grievance, shall not in any way be
coerced, ~ntimidated or discriminated against.
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IN WITNESS WHEREOF, the parties hereto have caused thlS Memorandum
of Understand~ng to be executed thlS 14th day of
December , 1995.
MANAGEMENT TEAM ASSOCIATES
CITY OF SANTA MONICA
Q~~
Robert Harvey ~
President )
~~
Ror;rt Ayer ,. / - to
~--
/- ~,~~
Ro FuchlwaKl
- r d .J-c~~
Jo~k~li
Clty Manager
APPROVED AS TO FORM
Lj~~~
Marsha Jqh~s Moutr~e
City Attar-hey
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EXHIBIT A
Classifications subject to the MOU shall be as follows:
Accounting Manager
Admin~strat~ve Services Officer
Airport Manager
Arts Division Administrator
Assistant City Clerk
Ass~stant C~ty Librarian
Assistant Director of Community and Cultural Services
Assistant Director of Transportation
Budget Manager
Cable T V. Manager
Cemetery Super~ntendent
City Engineer
City Parking and Traffic Engineer
Community & Sen~or Programs Manager
Electr~cal/public Facilities Maintenance Superintendent
Event Facilit~es Manager
Event Facil~ties Operations Superv~sor
Hous~ng and Redevelopment Manager
Human Services Manager
Informat~on Systems Manager
Maintenance Manager
Parks and Sports Manager
Personnel Services Manager
Planning Manager
Princ~pal L~brarian
Purchasing Agent
Revenue Manager/City Treasurer
Solid Waste Operations Manager
Traffic Operations Superintendent
Transit Operations Manager
Transportation Maintenance Manager
Transportation Maintenance Superintendent
Utilities Manager
Water and Waste Water Superintendent
Water production Treatment Superintendent
37
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Adopted and approved thIs 13th of December, 1995
41~
Mayor
I hereby certlfy that the foregomg ResolutlOn 8973 (CCS) was duly adopted at a meetmg
of the Clty Councll held on the 13th of December, 1995 by the followmg vote
Ayes
Councll members
Abdo, Genser, Holbrook, O'Connor, Rosenstem
Noes
Councll members
None
Abstam
Councll members
None
Absent
Counell members
Ebner, Greenberg
ATTEST
\,
~ '-Lo ~o.S-
Clty Clerk