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R-8939 e e RESOLUTION NO. 8939 (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 ADMINISTRATIVE TEAM ASSOCIATES WHEREAS, the City administration and representatives of the Administrative 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 (eeS) 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 determmatlon; and WHEREAS, the purpose of the Memorandum of Understanding IS to promote and provide harmonious relations, cooperation, and understanding between the City and the Administrative Team Associates; e e 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 Administrative 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 shaH be In full force and effect. APPROVED AS TO FORM: n, II . . t,,-t:b h / v ~,~ ,r).v I~ MARSHA Jg ES MOUTRIE City Attorney 1K8. -~.17.. 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 1.15 1.16 1.17 ARTICLE II: 2.01 2.02 2.03 2.04 2.05 2.06 2.07 2.08 2.09 ARTICLE III: 3.01 3.02 3.03 3.04 3.05 3.06 3.07 e e MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SANTA MONICA, CALIFORNIA AND ADMINISTRATIVE TEAM ASSOCIATES TABLE OF CONTENTS GENERAL PROVISIONS Parties to Memorandum.................... ....... 3 Purpose. . . . . . . . . . . . . . . .. .................... 3 Term of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 City Councll Approval........ ... ................ 4 Recognized Employee ASSoclatlon Name............ 4 Scope of Representatlon............... ....... . 4 Full Understanding, Modification and Walver. . . 4 Management Rights Reserved... ................... 5 Peaceful Performance of City Service......... ... 5 Validity of Memorandum of Understandlng... 6 Captions for Convenience..... ........... ... 7 Non-Discrimlnation and Equal Employment......... 7 Def lni t lons. . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Overpayment Remedy...... ...... . .............. .10 Payments at Termination...... ......... ...... ..10 Compensation & Beneflts for Part-Time Employees.l0 Demotions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 COMPENSATION Effectlve Date of Pay Increase............... ..12 Sal arles . .................... ................. 12 Overtlme. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 Promotional Pay Rate.. ........ ............... ..14 Y -Rating. . . . . . . . . . . . . . . . . . . .. ................. .14 Pay for Serving in a Higher Job Classification..14 Skill Pay.................... ............... . .15 Supervlsory Dlfferential..... ................ .17 Shift Differentlal.... ...................... . .17 SUPPLEMENTAL BENEFITS Health Insurance Programs......... ..... .... ..18 Retirement. . . . . . . . .. ...................... ... .19 TUltlon Reimbursement.... . . . .. ............ ....20 Deferred Compensation ................... ... .21 Mlleage Reimbursement and Energy Conservation.. 21 State Disability Insurance............ . . . . . . ... .21 Slck Leave Buy Back. ....... .......... .... 21 - 1 - 3.08 3.09 3.10 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 5.05 5.06 5.07 5.08 ARTICLE VI: 6.01 6.02 6.03 6.04 e e Uni forms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Term Life Insurance..... .. ........... ...... ..23 Long Term Disability Insurance................. .23 LEAVES Paid Holidays. . . . . . . . . . . . . . . . . . . . . . . . .. . ......24 Vacation Leave. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 25 Sick Leave.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26 Leave of Absence Without Pay. . ...... ....27 Military Leave. . . . . . . . . . . . . . . . . . . . . . . . . .27 Workers' Compensation Leave.................... .27 Jury Du t y. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Bereavement Leave........... ...................28 Administrative Leave................. ......... ..28 Parental Leave.......... .. ........... ...... .28 Family Leave.................................. .29 WORKING CONDITIONS Safety and Loss Prevention............ ..... .30 Effect of Job Performance on Salary... .... . .... .30 Effect of Reassignment/Recertification on Skill Pays............................... ....31 Employee Parking..... ........ . ...... ....31 Official Personnel File..................... . .32 Reduction in Hours from Full-Time to Part-Time. .32 Work Schedules...... .................. ...... . .32 Promotions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33 EMPLOYER/EMPLOYEE RELATIONS Payroll Deduct1ons........... .................. .34 Reasonable Not1ce...... . . . ......._.......... .34 Time Off for Assoc1at10n Bus1ness.............. .34 Grievance and Compla1nt Procedure.............. .34 EXHIBIT A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40 - 2 - e e 1. 01 ARTICLE I: GENERAL PROVISIONS Parties to Memorandum 1 02 1. 03 This Memorandum of Understand~ng has been prepared pursuant to the terms of Ordinance No. 801 (CCS) of the C~ty of Santa Monica, which Ordinance is hereby ~ncorporated by reference as ~f fully set forth herein, and has been executed by the C~ty Manager on behalf of management offic~als of the City and by the ADMINISTRATIVE TEAM ASSOCIATES (ATA) , and on behalf of employees occupying the line-item position class~fications set forth in Exhibit A which ~s attached hereto and made a part hereof. In the event new job classifications are created wh~ch are proposed to be added to the ATA unit, the Municipal Employee Relations Officer will notify ATA prior to the Personnel Board and C~ty Counc~l 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 Managing Director of ATA and the Municipal Employee Relat~ons Off~cer. Purpose The part~es agree that the purpose of this MOU is: to promote and provide harmonious relations, cooperation and understanding between the C~ty and the employees covered here1n; to provide an orderly and equitable means of resolving differences which may ar~se under this memorandum, and to set forth the full agreements of the parties reached as a result of meet1ng and conferring in good faith regarding matters within the scope of representation for employees represented by ATA. Term of Agreement This Agreement shall be effective as of the 1st day of July 1995 and shall remain 1n full force and effect until the 30th day of June 1996. It shall be automat1cally renewed from year to year thereafter, unless e1ther party shall not~fy the other in writing not later than March 1 of each year that it desires to terminate or mod~fy this Agreement, and specifically indicates requested modifications. In the event that such notice 1S g1ven, negot~at~ons shall beg~n no later than April 1 with a signed contract desired by July 1. - 3 - 1. 04 1. 05 1 06 1 07 e e City Council Approval Th~s MOD is of no force or effect whatsoever unless or until ratlfled and approved by resolution duly adopted by the Clty Council of the City of Santa Monlca. Recognized Employee Assoclatlon Name The Administrative Team Associates (ATA) is hereby acknowledged as the Recognized Employee Organizat~on representing only the permanent line-item position classifications set forth in Exh~b~t 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 ATA as the Recognized Employee Organization: A. Does not preclude employees position classificatlons themselves individually in relations with the C~ty. such line-item represent~ng employment in from their B. Does not preclude or restrict the right of management officials to meet and consult with employees in such employment position classlfications concerning thelr 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 relatlons includlng, but not limited to, wages, hours, and other terms and conditions of employment, except, however, that the scope of representation shall not include consideratlon of the merits, necesslty, or organization of any service or activlty provided by law or executive order and that the scope of representatlon shall be exercised or performed ln compliance with the provisions of Ordinance No. 801 (CCS). Full Understandlng, Modification and Walver The parties agree that each has had full and unrestricted right and opportunity to make, advance, and discuss all matters properly wlthin 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 speclfied in this Agreement. The parties are not bound by any past practices or understandings of elther party unless such past practices or understandings - 4 - 1. 08 1. 09 e e are specifically stated in this MOD except that provisions or conditions not specifically changed in this or previous MOU's shall be as prescribed by the CiV1l Service provisions of the Santa Monica City Charter and the Santa Monica Municipal Code. Each party, for the term of th1S MOU, spec1f1cally waives the right to demand or petition for changes here1n, whether or not the subjects were known to the parties at the time of execut10n hereof as proper subjects wlthln the scope of representation as outllned in Section 2.05 of Ordlnance No. 801 (CCS). Management Rights Reserved The City reta1ns all r1ghts not speclflcally delegated by this Agreement, includ1ng, but not llffilted to, the exclusive right to: A. Direct, supervise, d1scipline, discharge, and retain employees. suspend, schedule, hire I promote, transfer, ass1gn, B. Relieve employees from duties because of lack of work or funds, or under conditions where contlnued work would be inefficient or nonproductive. C. Determine services to be rendered, operations to be performed, ut1lization of technology, and overall budgetary matters. D. Determine the appropriate Job classificatlons and personnel by Wh1Ch government operations are to be conducted. E. Determine the overall mission of the unit of government. F. Maintain and 1mprove the efficiency effectiveness of government operatlons. and G. Take any necessary act10ns to carry out the miss10n of an agency in situations of emergency. H. Take whatever other actions may be necessary to carry out the wlshes of the public not otherwise specified above or by collect1ve agreement. Peaceful Performance of Clty Service It is mutually understood and agreed that participat10n by any employee 1TI a strike or a concerted work stoppage terminates the employment relationship 1n the absence of specific wr1tten waiver of such termination by an authorized management official. - 5 - 1.10 e e A. It is further understood and agreed that none of the part~es hereto w~ll part~c~pate ~n, encourage, assist or condone any str~ke, 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. B. In the event that there occurs any strike, concerted work stoppage, cessat~on of work, slow-down, sit- down, stay-away, picket~ng or any other form of interference with or limitat~on of the peaceful performance of C~ty serv~ces, the City, in addition to any other lawful remed~es or d~sc~pl~nary actions, may by action of the City Manager cancel any or all payroll deductions, prohibit the use of bulletin boards, prohibit the use of C~ty facilities, and prohibit access to former work or duty stations. C. Neither the employee organization, nor any person acting in concert with them, w~ll cause, sanction, or take part in any strike, walk-out, sit-down, slow-down, stoppage of work, p~cket~ng, retarding of work, abnormal absentee~sm, w~thholding of services, or any other ~nterference with the normal work rout~ne. The provisions of th~s Article shall apply for the same term as th~s Agreement, or during any renewal or extension thereof. V~olation of any provision of th~s MOU by the Recogn~zed Employee Organization shall be cause for the C~ty, at its sole option, to term~nate 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 provis~on of any Section of this MOU is determined to be invalid or illegal by a court of competent jurisdict~on, then such provision shall be severed from th~s MOD, but the rema~nder hereof shall rema~n ~n full force and effect. The parties hereto shall immed~ately 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 regulat~ons implementing such legislat~on, or in any City Charter provision or Santa Monica Mun~c~pal Code provision wh~ch would be applicable and contrary to any provision of any Section herein contained, then such provision of th~s MOD shall be - 6 - 1.11 1.12 1.13 e e automatically terminated, but the remainder of this MOli shall remain in full force and effect. Such legislation and/or rules and regulat~ons 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 replac~ng any such ~nvalid or illegal provision. Captions for Convenience The captions herein are for convenience only and are not a part of this MOli and do not in any way lim~t, define, or ampl~fy the terms and provisions hereof. Non-Discrimination and Equal Employment It ~s hereby agreed by the parties to this MOli that they w~ll fully comply with all appl~cable local, State and Federal laws, rules and regulations prohibiting discrimination and governing equal employment opportunity. The Affirmat~ve Action Program and the Sexual Harassment Policy of the City of Santa Monica are affirmed by both part~es to th~s MOli and incorporated by reference herein. Both part~es agree to abide by the requirements of the Amer~cans with D~sabilit~es Act (ADA) . Every City employee is expected to respect the dignity of every other City employee and to refraln from any actions, including the use of slurs or jokes regarding sex, agel race, national or~gin, religion, disabil~ty or sexual preference/orientation which could be construed as harassment. Harassment of fellow employees is a violation of City policy. No employment dec~sion shall be based on an employee's subm~ssion to or rejection of such conduct. Complaints of a sensitive nature, ~ncluding complaints invol ving sexual harassment or any other violation of Title VIr of the 1964 civil Rights Act, as amendedl which lnvol ve a supervisor or manager whose conduct is the subj ect of the complaint may bypass any step of the standard grievance procedure outlined in Section 2 04.740 of the Santa Monica Munlcipal Code. Definitions The following definitlons are to be applied in the interpretation of this MOD: A. "Salary Range II shall mean the five step (A through E) hourly or monthly pay scale (and the bi-weekly equ~valent) ass~gned to each employment position classification within the City work force. - 7 - e e B. "Salary Range Steps A through E" for each line-item position class~fication within the City work force shall mean and be establ~shed to bear the following percentage relationship to Salary Range Step E computed to the nearest dollar Normal progress~on through the range toward E step shall be in annual step increments contingent on sat~sfactory 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 Dollarlt shall mean the next lower dollar when the computed amount ~s fifty (50) cents or less and the next h~gher dollar when the computed amount is 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 (2) ellglble 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-t~me employees covered herein as if they were employed on a full-t~me basis. E. "Permanent Employees" shall mean: (1) A person who is legally an incumbent of a line- item position, full or part-time; or (2) A former incumbent of a line-~tem pos~tlon on authorized leave of absence from a regularly budgeted pos~t~on wh~ch pos~t~on ~s held pending the employee's return. The term "permanent employee" shall not be construed to lmply a guarantee of continued employment. However, no permanent employee shall be denied the right to those due process protect~ons appropriate to hls/her status under the Munlc~pal Code and City Charter and appllcable State law. F. "Date of Entrance Annlversary" shall mean the date whlch recurs annually after the date of entry lnto a - 8 - e e pos~tion in the classif~ed serv~ce of the City of Santa Mon~ca, e~ther by orig~nal employment, re- employment or promot~on. The date of entrance for employees w~th broken serv~ce shall be considered as the date on which the last unbroken service was effect~ve. G. rrSatisfactory Service" shall mean the attainment of an overall rating not less than "Sat~sfactoryrr on the performance report associated with the employee's most recent date of entrance ann~versary. H. "Full-Time Work week IT shall mean forty (40) hours within the seven (7) consecutive days (~.e., seven consecutive 24-hour periods) established as the work week for the affected employee(s). (1) Incumbents of line-~tem pos~tions employed ~n a work week greater than that def~ned as the full-time work week shall be compensated for hours in excess of the full-time work week on the bas~s of and in accordance with the provisions of the MOU Sect~on relating to overtime. (2) For employees covered herein who hold permanent positions at the Library, the full time work week shall be defined as forty (40) hours, Monday through Saturday t as scheduled by the City Librar~an or hls/her designated representative. Sunday work shall be compensated at the rate of time and one-half (1-1/2) the normal hourly rate. It is the intent of the City to assign Sunday work on a volunteer bas~s. However, in the event there are not enough volunteers to staff the Sunday work at the Library, said work will be assigned on an equitable basis among employees I "PayTl shall mean compensat~on worked, sick leave, vacation, holidays, adm~n~strative leave time off and/or jury duty. for regular hours bereavement leavel days, compensatory J. "Completed Calendar Month of Service" shall mean a calendar month in which an employee has been earning pay for eleven (11) or more working days. K. rrBase Rate" shall mean the hourly rate for the employee's salary step excluding any special assignment, bonus pays or other compensation. - 9 - 1.14 1.15 1.16 e e L. "Y-rated" shall employee's salary day preced1ng the action placing the mean the ma1ntenance of the rate at the level effective the effect1ve date of the personnel employee in a lower salary range. M. "Municipal Employee Relations Officer" shall mean the C1ty Manager. N. "Working Day" as used in the sect10ns of this Agreement pertain1ng to vacation accrual (Section 4.02) and sick leave accrual (Section 4.03) shall mean eight (8) hours. O. II Compressed Work Scheduletl shall mean a work schedule 1n which a full-time employee is ass1gned to work a total of eighty (80) regularly scheduled work hours in nine (9), or less, days in a gl ven two-week (l.e., two work week) per1od. Overpayment Remedy Permanent employees covered herein shall re1mburse the City for any overpayment of wages or benefits. Said reimbursement shall not be required until the City notif1es the affected employee in writing. The overpayment shall be re1mbursed by payroll deduct10ns over a time per10d equal to the time period the overpayment was made, or by any other reasonable repayment method mutually acceptable to the City and the employee. A lump-sum deduction shall be required if the next subsequent employee payroll warrant is the f1nal or termination warrant issued to the affected employee. Payments at Termination When permanent employees covered herein leave the serV1ce of the City of Santa Mon1ca, they shall be ent1tled to lump-sum payoff of vacat10n leave, unused float1ng holiday, unused accrued compensatory time and unused accrued administratlve leave days only. No claim shall be made against the City for the use or payment of unused accrued sick leave, nor shall the effect1ve date of termination be extended by the use of compensatory time, sick leave, vacation or other leave days. Compensation & Benef1ts for Part-Time Employees Incumbents of line-item poslt1ons employed 1n a work week less than that defined as the full-tlme work week shall be compensated in that proportlon of the compensation for full-time employment as the number of hours budgeted for that position bears to the full-time work week. Compensation shall 1nclude base salary, deferred - 10 - 1.17 e e compensation or any bonuses or Sklll pays provided by this Agreement. Incumbents of line-ltem positions regularly working less than the full-time work week shall accrue vacation, sick leave, administratlve leave and other time off in the same ratio as the average number of hours they work per week is to the full-tlme work week for the position occupied. Other fringe benefits shall be provlded to part-time employees covered herein as ~f they were employed on a full-time basis. Demotlons All demotions shall be in accordance with the City Charter and the Santa Monica Municipal Code. - 11 - e e 2.01 ARTICLE II: COMPENSATION 2.02 Effective Date of Pay Increase Notwithstanding any other provision contained here~n, changes to the salary range and salary related benef~t changes provided here~n shall become effect~ve on the first day of the payroll period closest to the effective date stated herein. If the effective date stated here~n falls on the Sunday in the middle of a pay period, the effective date shall be the first day of the following payroll period. Salaries Salaries of City employees in l~ne-item positions shall be on a monthly rate, paid on a bi-weekly equ1.valent 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 eighty (80). A. Effect~ve July I, 1995, the E-step salar1.es of employees covered herein shall be 1.ncreased by two percent (2%). B. A given classification covered by this MOD w1.ll be eligible to receive an equity adjustment providing that the compensation study conducted by the City of Santa Monica substantiates the need for an equity adjustment to bring the salary range of that classificat1.on in line with the mean salary paid to the same classificat~on found ~n comparable cities. The City W1.ll be willing to receive and evaluate any salary comparison data that ATA might want to make available regarding an equity adjustment for a given classificat~on. Should a compensat~on study indicate that a gi ven j ob classificat~on is currently being paid above the mean salary paid to the same classification found 1.n comparable cit1.es, the salary range of that classificat1.on will remain unchanged. Internal equity factors will also be taken into cons1.deration, as deemed appropr1.ate by the City, when determin1.ng whether or not an equity adJustment for a given classificat~on is warranted. Equ1.ty adJustments described herein will be cons2dered on an annual basis, e2ther as a part of the annual budget process if no MOU negotiations should be occurring during the year or as a part of - 12 - 2.03 e e the MOD negot~at~ons process should the MOU be up for negotiat~on. Overtime Overtime for full-time employees shall mean work in excess of the regularly scheduled number of hours in one (1) work day or in excess of forty (40) hours in a full- time work week, provided such hours have had the prior approval of an authorized management off~c~al Overtime for part-time employees shall mean work ~n excess of forty (40) hours in a work week, prov~ded such hours have had the prior approval of an author~zed management off~c~al. All authorized overtime shall be compensated for by cash payment based on one and one-half (1-1/2) times the hourly rate equivalent of the employee's monthly salary computed to the nearest one-tenth (.10) of an hour, except that an authorized departmental management official may grant compensatory time off at the rate of one and one-half (1-1/2) hours off for such overtime. Such compensatory time off may accrue to a maximum of forty (40) hours unless a higher accrual amount is approved by an authorized departmental management official For employees covered herein who hold permanent positions at the Library, the full time work week shall be defined as forty (40) hours, Monday through Saturday, as scheduled by the City Librar~an or his/her designated representat~ve. Sunday work shall be compensated at the rate of time and one-half (1-1/2) the normal hourly rate. It is the intent of the City to assign Sunday work on a volunteer basis. However, ~n the event there are not enough volunteers to staff' the Sunday work at the Library, said work w~ll be assigned on an equ~table basis among employees. Departmental management officials shall not unreasonably deny an employee's request for compensatory time in lieu of pay. If compensatory t~me off is accrued and not taken by June 30 of any f~scal year, it will be paid to the employee at the rate earned. There shall be no carry over of unused compensatory time. In order to supplement eight (8) hours of paid leave time for a regularly scheduled work day comprised of more than eight (8) hours, the employee w~ll have the option of working the additional t~me required, on a straight-time bas~s, during the appl~cable seven-day work week, in order to rece~ve a full day's pay for the day in question. Pa~d leave t~me would include vacation, sick leave and admin~strat~ve leave. - 13 - 2.04 2.05 2.06 e e Promot~onal Pay Rate If a permanent employee covered herein is promoted and h~s/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 wh~ch prov~des a minlmum five (5) percent salary increase, provided, however, that in no event shall the salary rate exceed the maximum salary rate for the new class~fication. A reclassification of a permanent employee covered here~n to a higher level job classification will be considered a promotion and the employee's salary shall be increased to the higher salary rate in the new classification which provides a minimum 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. Y-Rating When a personnel action, e.g., demotion due to layoff or reclassificat~on, 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 malntenance of the employee's salary rate at the level effective the day preceding the effective date of the personnel action placing the employee in a lower salary range. The employee's salary shall rema~n at such level until the salary range of the new classif~cation equals or exceeds the Y-rated salary. Pay for Servlng in a H~gher Job Classiflcation When, in the determination of the Department Head or City Manager, it is necessary to specifically assign an employee the significant duties and responsib~lities of a higher classiflcation, the employee so assigned shall be compensated as follows: A. If the assignment 1S temporary due to the vacation, sick leave, jury duty or other temporary absence of the employee in the higher classification, the employee temporarily assigned shall be paid at the rate of seventy-five (75) cents per hour for all such hours ass~gned after the employee works a minimum of two (2) consecutive work days in the higher classiflcatlon assignment, with payment retroactive to the first day. If the temporary assignment should last a minimum of fourteen (14) consecutive work days, the employee temporarily assigned shall receive the salary rate - 14 - 2.07 e e for the vacant classification at the lowest salary step that provides a minimum five (5) percent salary lncrease, provlded, however, ln no event shall the salary rate exceed the maximum salary rate for the vacant classification being filled by the employee on a temporary basis. Said increase shall be retroactive to the first day with the employee reimbursing the City for any additional payment received under paragraph one (1) above. The Clty shall not rotate employees ln and out of higher position classification assignments in order to avoid paying said compensation. B. If the posltlon to be fllled is vacant and there is no valid eligible list for the classification, the Department Head or Clty Manager, if he/she has initiated procedures to fill the vacancy on a permanent basis, may assign an employee who meets the minimum qualifications of the vacant position to fill the position on a temporary detail (acting) basis. The employee so 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 his/her current salary_ In no event, however, shall the employee's salary rate exceed the salary range established for the vacant classification being fllled by the employee on an lIacting" basis. If an eligible list eXlsts for the vacant position, the Department Head shall appoint an employee from the ellglble llSt at the earliest possible date, and the provisions of this paragraph shall be applicable to the employee assigned to cover the vacancy in any interim period. Nothlng in this Bectlon shall require the City to make temporary assignments of employees. Sklll Pay The followlng provlsions exist for added payment to employees covered herein who possess special skills not required of their classification specifications, providing that said speclal Skllls are utillzed by the employee in the performance of his/her Job: A. Professional Engineer Registration Civil Engineer Asslstants, clvil Engineer Associates, and Plan Check Englneers shall receive an additional $165.00 per month above thelr salary rate after they receive official registration by the State of California. Such registration must be - 15 - e e maintained by the employees and supplemented by regular, at least annual, courses in the engineering field of study, or the skill pay will be stopped as of July 1 of the next flscal year. Courses which will enable the employee to meet this requirement must be approved by the employee's supervisor 1n advance. Said courses must be taken on the employee's own time and will be subject to the tU1tlon reimbursement section of th1S Agreement. B. Bilingual Sklll Pay Qualified employees who meet the criteria set forth herein shall receive a blllngual sk111 pay of $50.00 per month. To receive billngual pay the following criteria must be met: (1) The employee must be ass1gned to speak or translate a language in addition to English. This may 1nclude specialized communlcation skills such as sign language. (2) An employee must regularly utilize such skills during the course of their dutles or upon request of City management. (3) To become qualified, an employee must be certified as qualified through examination administered by the Personnel Department. (4) In order to retain said bilingual skill pay from one fiscal year to the next, during the first month of the new fiscal year (July) the employee receiving bilingual skill pay must be recertified as qual if led through examination administered by the Personnel Department. C. Professional Planning Reglstration Planner, Associate Planners and Assistant Planners shall receive an additlonal $25.00 per month above their salary rate after they receive an American Institute of Certifled Planners certif1cate. Such certificate must be maintained by the employees and supplemented by regular, at least annual, courses in the plann1ng field of study, or the sklll pay w1ll be stopped as of July 1 of the next fiscal year. Courses which will enable the employee to meet th1S requirement must be approved by the employee's supervlsor in advance. Said courses must be taken on the employee's own tlme and will be subject to the tuition reimbursement section of thlS Agreement. - 16 - 2.08 2.09 e e Supervisory Differential A supervisory d1fferential of 2.7% shall be paid to employees covered herein who are assigned to regularly supervise other employees in the same Job classification and who are not covered under the terms of the Section of this MOD cover1ng pay for serv1ng 1n a higher classification. Shift Differential For employees covered hereunder who hold permanent posit1ons at the Library, the following MOU language shall apply: A. A night shift differential of forty (40) cents per hour shall be paid to any line-item employee whose regular schedule requires the employee to work between the hours of 5:30 P.M. and 9:00 P.M., provided that such differentlal shall be pald only for such hours worked between 5:30 P.M. and 9:00 P.M. B. A d1fferential of forty (40) cents per hour shall be paid to line-item employees covered herein for all regular hours worked in a shift wh1ch 1S divided into two (2) parts by three (3) or more hours of non-working t1me as a part of the scheduled shift Such differential shall not be paid 1n addition to night sh1ft differential or for overt1me hours beyond the scheduled shift. - 17 - e e ARTICLE III: SUPPLEMENTAL BENEFITS 3.01 Health Insurance Programs A. Medical Insurance Effective July I, 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 at the beg1nning of each medical plan year and will be a Icompos1te" monthly prem1um derived by dividing 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 said medical plans as of the beginning of the medical plan year. Any extra payment requ1red under such plans shall be paid by the employee electing such coverage. The City and ATA agree that employees should benef1t from any premium sav1ngs which accrue from the implementation of a new health insurance program (Tr1ple Option Plan + Kaiser) in 1994. The following procedure will be utilized to determ1ne savings, 1f any, and, in the event of savings, how said sav1ngs will be distributed: (1) The actual medical 1nsurance premium costs for 1993 for non-safety employees shall be compared against the City's actual prem1um costs for the new Triple Option Plan + Kaiser for those same employees. (2) If there should be any prem1um savings between 1993 and 1994, each employee's share of the savings will be determined by dividing the total amount of the sav1ngs by the total number of City employees (non- safety) participating in the City's medical 1nsurance program. Each employee's share of any savings will be paid to the employee by no later than March I, 1995. Prior to this payment, the C1ty will meet and confer with ATA and the other City bargain1ng units to determine the method by which said payment w1ll be made (e. g, lump sum, contribution to deferred compensation plan, etc.) In the event the medical insurance premiums for the Tr1ple Option Plan for 1995, and any subsequent calendar year, should be less than the actual City medical 1nsurance prem1ums for 1993, the savings will be handled 1n accordance with the same procedure, outlined above, - 18 - 3.02 e e 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 provlded at no cost to the employees and their eligible dependents provided that employees covered herein partic~pate in the City-offered dental insurance programs. C. Vision Insurance The City agrees to prov~de vision care insurance, at no cost, to employees covered hereln The Clty retains the right to select the provlder 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 benefi ts prov~ded under that plan without meeting and conferring. Retirement The City is a contract member of the Publ~c 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 prescrlbed in the contract between the City and the Public Employees' Retirement System heretofore approved by the City Counell. The City shall continue to pay on behalf of each permanent employee covered herein one-hundred (lOa) percent of the lndividual employee's share of the required retirement contributions to PERS [seven (7) percent of the employee's IIcompensatlonll as defined by PERS legislation] for the term of this MOD. 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 wlll not treat these payments as ordinary ~ncome and thus, wlII 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 partlcular employee's indi vidual account with PERS and upon termination will belong to the employee. It is agreed that if State and/or Federal procedures require reporting of these payments in any other manner, the parties will abide by such requ~rements. - 19 - 3.03 e - Tuition Reimbursement The City will budget annually sufficient funds to provide each permanent llne-item employee of the ATA tUltion and required study material relmbursement for career lmprovement 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 indi vldual employee dollars ($1000.00). amount of relmbursement per shall not exceed one thousand 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 quallfy the employee for an employment positlon represented in the City work force or to enhance current Job skills D. The employee must exhlbit some reasonable expectation of quallfying for the new position upon successful completlon of the study course if that was the reason for the course. E. Reimbursement shall be made upon successful completion of the pre-authorlzed course and upon presentation of recelpts and proof of satisfactory course completion. F. In no event shall the City's reimbursement be reduced when there is an outslde source of aid except 1n those cases where the aid from any outside source, plus the normal City relmbursement, exceeds the cost of tuition and study material for the approved study course. G. Only employees period Wl th the program. who have completed a probatlonary City shall be elig1ble for thlS H. Courses for which tUlt10n reimbursement wlll 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 administration of the tuitlon reimbursement program shall be established by the Personnel Department. - 20 - 3.04 3.05 3.06 3 07 e e Deferred Compensation Each employee covered herein shall be offered participation ln the city's deferred compensation plan. The City agrees to contribute to the plan the amount the partlcipating employee is contributlng to the plan on his/her behalf, but not to exceed seventy-five dollars ($75.00) per month for any participating employee. Mileage Reimbursement and Energy Conservation Relmbursement to permanent employees covered herein for the authorized use of personal automoblles on City business shall be at the rate authorized by the Clty Council. Relmbursement rates will be consldered in preparing budget recommendations at least every two (2) years. Santa Monlca Municipal Bus Llne tokens will be provided to any employee covered hereln who submits, on the City form, a record of his/her trlps (home to work slte, work slte to home, or work slte to work site) during the preceding month. The Santa Monlca Municipal Bus Llne route number used for each trip must be entered on the reimbursement form. State Disability Insurance The City shall maintain the State Dlsability Insurance coverage currently 1n effect for employees covered herein. Said coverage shall be at City expense. No lntegration of sick leave will be provided. This sectlon of the MOU will be in effect through December 31, 1994, at which time State Disability Insurance coverage will be dlscontinued and replaced with a Long Term Disability Insurance plan as set forth in Section 3.10 of this Agreement. Any contribution of State Disability Insurance Benefits beyond December 311 1994 wlll be in accordance with the State Dlsablllty Insurance rules and regulations established by the State. Slck Leave Buy Back The employee has the annual option to be pald for certain unused sick leave on the terms noted below or to "bank~ unused slck leave. Payment at the employee's base rate for the f1scal 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 " bank 11 of twelve (12) days. For the purposes of this Section, "bank" shall mean sick leave - 21 - e e earned in prior years and reported in the "S~ck Leave Balance Brought Forward from Prior Contract Year" column of the "Vacation, Sick Leave and Compensatory T~metl report issued by the Finance Department at the beginning of the fiscal year during wh~ch payable sick leave is earned. Annual sick leave payoffs under this Section for employees with less than ten (10) years of service shall be made according to the following schedule: Sick Leave Days Used In the Fiscal Year sick Leave Days Payable At Fiscal Year End 2 3 4 5 6 7 8 or more 6 5 4 3 2 1 o Annual sick leave payoffs under this Sect~on for employees with ten (10) or more years of service shall be made according to the following schedule, prov~ding there are enough sick days accrued ~n the employee's sick leave bank to cover the payoff described below: Sick Leave Days Used In the Fiscal Year Sick Leave Days Payable At Fiscal Year End 2 3 4 5 6 7 8 9 10 11 12 13 14 or more 12 11 10 9 8 7 6 5 4 3 2 1 o For a part-time employee, the sick leave buy back schedule, as set forth in the preced~ng paragraphs, will be prorated in the same rat~o as the number of hours budgeted for the employee's posit~on bears to the full-time work week. It ~s mutually acknowledged by the parties that the use of Code 40 or other time off not appropriately - 22 - 4 3.08 3.09 3.10 e - scheduled in advance will disqualify an employee from eligibility for payment under this Section. S~ck leave for which payoff is received shall be considered "used" in that it will not be added to the "bank" (or if added to the "bank" prior to the payoff date shall be removed from the "bankll). Sick leave payoffs under this Section shall be made by separate check by the end of July following the fiscal year in wh~ch the payable sick leave was earned. Uniforms The City shall provide all necessary uniforms, as determined by the City, to each employee covered herein who is required by the City to wear a un~form. Term L~fe Insurance The City agrees to mainta~n at no cost to the employee a term life insurance plan for permanent employees covered here~n, with individual coverage to be equal to the employee's base annual salary rounded up to the next one thousand dollars. Long Term D~sability Insurance As of January 1, 1995, the City agrees to maintain a long term disability insurance plan for permanent employees covered hereunder at no cost to the employee. The long term disabil~ty ~nsurance benefits will be equal to 60% of either the employee's base salary or $6,667.00 per month, whichever amount is less, reduced by the employee's income from other sources. - 23 - e - 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 Klng's Birthday - Third Monday in January Lincoln's Birthday - February 12 Washlngton's Birthday - Third Monday in February Memorial Day - Last Monday in May Independence Day - July 4 Labor Day - First Monday ln September Thanksgiving Day - Fourth Thursday in November The Friday Following Thanksgiving Day The Half-Day Immediately Before Chrlstmas Day Christmas Day - December 25 The Half-Day Immediately Before New Year's Day One Floating Holiday All Other Holidays Declared by the City Councll In additl.on, the Library shall close by no later than 5:30 P.M. on the day before the Thanksgiving holiday and the day before the New Year's Day holiday. A floating hollday becomes available at the beglnning of each fiscal year and must be taken before the end of that fiscal year. Only those employees who are on the payroll at the beginning of the fiscal year shall be entl.tled to receive the floatlng hollday for the fiscal year. A floating holiday not taken by the end of the flscal year may be paid to the employee if the employee enters the day on his/her final timecard for the flscal year. Failure to take the floating holiday or to put the holiday on the last timecard for the flscal year shall constitute a forfeiture by the employee. A floating holiday which lS cashed out at the end of the flscal year shall be paid in an amount equal to eight (8) hours of the employee's stralght-time base salary rate of pay. Whenever any day listed herein as a paid holiday falls upon the first or second day off of any employee who has two (2) consecutlve days off, the day preceding shall be deemed the hollday lf it falls on the first day off, and the day following shall be deemed the holiday if lt falls on the second day off in lieu of the day llsted. Whenever any day listed hereln as a paid holiday falls upon any day off of an employee who does not have two (2) - 24 - 4.02 e e consecutive days off, the following day shall be deemed the hol~day for such employee. Employees 1n departments or divisions observing different holiday schedules shall, in lieu of holidays listed above, receive holidays enjoyed by other operating employees in that department or division, provided, however, that the same number of holidays [twelve (12)) shall be observed. Whenever any day listed herein as a paid holiday falls upon any day other than Saturday or Sunday when a C~ty facility (including department, division or work unit) is already scheduled to be closed to the public because of the adoption of a compressed work schedule, employees who work at said C~ty facility will receive a float~ng holiday in lieu of the day listed as the paid holiday. This floating holiday cannot be accrued and carr~ed over to the next fiscal year, and the floating hol~day cannot be cashed out at the end of the fiscal year. This floating holiday must be taken by the end of the fiscal year in which it is granted to the employee or be forfe~ted. Vacat~on Leave Employees covered herein shall accrue vacation leave wlth pay on the following basis: A. Following completion of the first six (6) calendar months of continuous service, six (6) work~ng days. B. Thereafter, up to and including five years of service, one (1) work~ng completed calendar month of service. completed for each (5) day C. Thereafter, up to and includ~ng ten (10) completed years of serv1ce, one and one-quarter (1.25) working days for each completed calendar month of service. D. Thereafter, up to and ~nclud~ng f1fteen (15) completed years of service, one and one-half (1.5) working days for each completed calendar month of service. E. Upon completion of fifteen (15) years of service and thereafter, one and three-quarters (1.75) working days for each completed calendar month of service. F. Employees are expected to take their vacation each year. An employee who has accrued vacation to the max~mums prescribed here~n may be required to take vacat10n leave in order to reduce the accumulation - 25 - 4.03 e e balance. The scheduling of vacation shall be according to department or division policies and contingent on the service needs of the department. G. Accrual of vacation leave shall not exceed forty (40) days. If an employee is denied the tlme 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. H. Except as provided herein, the administration or applicatlon of vacatlon leave provlsions and the limitations on the accumulation, proportionate accumulation, scheduling and payment for such leave shall be as prescrlbed in the Civil Service provisions of the Santa Monica Municlpal Code. Sick Leave A. The use of sick leave shall be defined as in Section 2.04.570 of the Santa Monica Municlpal 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 lnjury, exposure of the employee to contagious dlsease as evidenced by certification from an accepted medical authority, medlcal or dental appolntments of the employee or the employee's dependent children which could not be scheduled during non-work hours, wlth proper advance notlfication to the Department Head, or illness or injury of any member of the employee's household. B. Employees covered herein shall accrue sick leave with pay on the following basls, provided that permanent part-time employees shall accrue sick leave in that proportion as the number of hours budgeted for the position bears to the full-time work week: (1) Followlng the completlon of the first calendar months of continuous service, working days. six SlX (6) (6) (2) Thereafter, one (1) working day for each completed calendar month of service. C. The foregoing benefits are cumulat~ve subject to the following restrictions: - 26 - 4 04 4 05 4.06 4.07 e e (1) No more than one-hundred-th~rty (130) working days may be applied aga~nst sick leave for any one (1) ~llness. D. Any employee who ~s absent because of sickness or other physical d~sabil~ty shall notify h~s/her Department Head or other immediate super~or 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 here~n 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 exp~rat~on of the leave, the employee shall be reinstated to the position held before the leave was granted. Such leave shall be granted only in those cases where an employee's record of service and qualif~cat~ons make it desirable for the City to reta~n the employee's services even at the cost of some inconvenience to the C~ty. M~litary Leave The City will observe the military leave requirements of State and Federal law. Workers' Compensation Leave Any employee covered herein who is receiving disab~lity payments under the nWorkers' Compensation Act of Californial1 (for on-the-Job injuries sustained wh1le engaged in the performance of the duties of any such position) shall receive from the C~ty, during the first s~xty (60) days of such disab~lity absence, payments in an amount equal to the difference between the d~sabil~ty payments received under the Workers' compensation Act and the employee's full salary. Such payments by the City shall be made without any deduction from accrued sick leave benefits. The City's obligation to make such payments shall not commence until the third day of such dlsability absence 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 recelved excluding mileage for the time required to be spent in court prov~ded that an individual employee will be so pa~d for jury service only once every three (3) years and shall make every effort to cooperate w~th any request by the Department Head to request a delay in jury - 27 - 4.08 4.09 4.10 e e servlce to accommodate lmportant department work in progress. Each employee recelvlng a notice to report for jury service shall immediately notify his/her immediate supervisor. Whenever daily jury duty scheduling permits, employees shall return to thelr regular daily job assignment to complete their regular daily work hours. Bereavement Leave Bereavement leave of not more than five (5) worklng days wlth pay shall be provided for absence from duty due to the death of a member of the employee's lmmediate family, meaning spouse, child, brother, sister, parent, step- parent, step-brother, step-sister, parent-in-law, son-in- law, daughter-in-law, grandparent or grandchild. In addltion, bereavement leave of not more than flve (5) working days wlth pay shall be provided for absence from duty due to the death of any member of the employee's household. Administrative Leave The City agrees to grant each permanent employee covered herein four (4) administrative leave days off with pay per fiscal year in recognition of thelr professional and admlnistrative role at the City. Adminlstrative leave days shall be earned In one (1) day ~ncrements effectlve at the beglnnlng of each three (3) month period of the fiscal year, to be usable as accrued. Payment equivalent to the employee's base salary as of June 30 for any unused administrative leave days shall be payable to the employee, upon the request of the employee at the end of the fiscal year when earned. A paid administrati ve leave day shall mean elght (8) hours at the employee's straight-time base salary rate of pay. Parental Leave Employees who have prlmary responslbllity for the care of a new child shall be entitled to a leave of absence totaling four (4) months immedlately followlng the chlld's birth or adoption and shall be returned to the same line-item position occupied prlor to the leave upon its expiration. Paid vacation leave I unused accrued administrative leave, unused accrued compensatory time and sick leave, lf applicable, as well as unpald leave shall be counted toward the four (4) month total. Additional leave may be requested under the provisions of Section 4.04 of this MOU. Maternity leave is not the shall be administered in Federal law. same as parental accordance with leave and State and - 28 - 4.11 e e Fam1.1y Leave The City hereby agrees to l.mplement family and medical leave in accordance with the Ca11fornia 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 11.eu of any contract language or City policyjpract1.ce which provides a lesser benefit. Before the issuance of any adm1.nistrative regulat1.ons pertalning to leave under the CFRA or FMLA, the City agrees to discharge its meet and confer obligation with ATA. - 29 - e e 5.01 ARTICLE V: WORKING CONDITIONS 5 02 Safety and Loss Prevention The Cl.ty shall provide a reasonably safe and healthy work1.ng environment in accordance with appl1.cable State and Federal laws, rules and regulations. The Cl.ty shall provide and ma1.ntain all equ1.pment required by appl1.cable safety laws and regulations and shall comply wlth all other applicable health and safety laws and regulations. Employees shall report unsafe practices, equipment or cond1.tions to their supervisors. ATA agrees that where safety devices or l.tems of protective equipment are required or furnished, their use shall be mandatory. An employee who is d1.rected to perform a task wh1.ch the employee has good reason to believe l.S unsafe may request an 1.mmediate review by his/her Department Head and the Personnel D1.rector who shall, if deemed appropriate, consult w1.th the appropr1.ate official (s) . During the period of review and/or investigation, the employee shall not be required to perform the task complained of, shall not suffer loss of payor benefits, and shall be assigned other appropriate dut1.es, if possible If the task complained of is deemed safe by the appropriate off1.c1.al(s), the employee shall then perform the work as instructed. Both parties to this MOU agree to fully support the C1.ty's Risk Control Policy. Sa1.d policy sets forth the City's commitment to maintaining a safe and healthy work env1.ronment, to preventing acc 1.dent sand 1.nj ur i e sand minimizing risk and loss wherever posslble. Said policy outlines the safety respons1.bilities of the City, City managers and supervisors, and Cl.ty employees. Effect of Job Performance on Salary Normally, 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 specific appraisal of the importance and diff1.culty of the work and the experience and ability of the person to be employed, or of the incumbent, may authorize entrance salar1.es higher than the minimum, and special increases - 30 - 5.03 5.04 e e earlier than what is prescribed 1.n the salary schedule for the class and length of service of the l.ncumbent. In no event, however, shall the rate exceed the maximum rate for that class. Notwithstanding any provision contained herein, there will be no increase l.n wages of any kind as a result of a NOT ACCEPTABLE rating on the employee's prescribed per1.odic performance rating. There will be no subsequent l.ncreases in wages until the NOT ACCEPTABLE rating has been improved to at least the SATISFACTORY level. If overall performance is rated NOT ACCEPTABLE, the employee may be dismissed from service, and if two (2) consecutive performance ratings are marked NOT ACCEPTABLE, the employee shall be dismissed by appointing authority for ineffic1.ency (SMMC Section 2.04.490). Any overall rat~ng in the BELOW SATISFACTORY category may delay the next scheduled salary step l.ncrease at the discret1.on of the appointing authority. Such action shall remain l.n effect until the overall rat1.ng has been improved to at least the SATISFACTORY level. Effect of Reassignment/Recertification on Skill Pays When a "sk1.11" or additional pay referenced in this MOU is the result of assignment to specified duties or hours, or of maintenance of a reg1.stration, certificate or other credential, the loss of the skill or additional pay due to the end of the assignment or fa1.lure to ma1.ntain the requ1.red registrat1.on, cert1.ficate or credent1.al shall not constitute a demot~on, pursuant to Section 2.04 680 of the Mun1.cipal Code. Employee Parking It is hereby agreed that the City W1.l1 make every effort to maintain free parking as 1.t presently exists for City employees at City facilities. The employees covered by this Agreement recognize that the C1.ty must comply w1.th Regulation XV l.ssued by the Air Quality Management Distr1.ct (AQMD) and the C1.ty's Transportation Management plan Ordinance. If the use of pos1.tive incentives does not result in the City meet1.ng the compliance requirements of AQMD's Regulation XV or the City's Transportation Management Ordinance within one (1) year of the effective date of this Agreement, it is understood that the City can implement a charge for parking during the term of this Agreement in order to meet those requirements. In addition, 1.f it should become necessary to charge for park1.ng dur1.ng the term of th1.s Agreement in order to comply with any other State or Federal requirement regarding transportation management, the City can implement said charge. However, in no event shall the City implement such a charge for parking w1.thout - 31 - 5.05 5.06 5.07 e e meeting and conferring with ATA should any employee (s) represented by ATA be subject to such a charge. Official Personnel File Only that file ma1.ntained by the City's Personnel Office and the contents it contains shall be cons1.dered the off1.cial personnel f1.1e for each employee covered herein. An employee's official personnel f1.1e and any other f1.1e kept on that employee shall be confidential. An employee's official personnel flle may be revlewed only by the employee, by individuals authorized to review said file on a need-to-know basls, and by other persons authorized by the employee. An employee covered by this MOU shall be entitled to review the content of his/her off1.cial personnel f1.1e at reasonable intervals provided that the employee schedules an appointment, at least twenty-four (24) hours in advance, during the regular business hours of the Personnel Office. Reduction in Hours from Full-Time to Part-time In those cases where a permanent full-time employee desires to reduce his/her work schedule to part-time, the employee shall submit a request for a reduction in hours to his/her Department Head. As long as the operational needs of the Department and the City wlll still be met, upon approval by the Department Head, the employee's request shall be approved. The request will cover a set period of t1.me, not to exceed six (6) months. At the end of that time period, if the employee wishes to continue a reduction in hours, he/she must submit another request to h1.s/her Department Head and receive the necessary approvals. If it should be determined that the reduction l.n hours can no longer be continued, the employee shall go back to a full-tlme work schedule if he/she w1.shes to retain his/her position with the City Work Schedules In those cases where a permanent employee desires to modify his/her work schedule to accommodate specific work schedule needs of the employee (e g., dependent care arrangements) that do not fall w1.thin the normal work schedule established for the employee's posit1.on, the employee shall submit a request for a work schedule modif1.cat1.on to his/her Department Head. As long as the operational needs of the Department and the City will still be met, upon approval of the Department Head, the employee's request shall be approved If it should be later determined that the operational needs of the - 32 - 5.08 e e department and the City can no longer be met with the employee's modified work schedule, the employee shall receive at least thirty (30) days' notice that his/her modified work schedule can no longer be continued. In the event that the employee cannot change h~s/her outside scheduling needs to fit within the regular work schedule established for his/her pos1.tion, the City will make every reasonable effort to place sa1.d employee in another like position where the employee's specific scheduling needs can be accommodated. While noth1.ng in this Sect1.on requires that the employee's modified work schedule be granted or that the employee be transferred to a 11.ke position to meet the employee's outs~de scheduling needs, requests shall not be unreasonably denied. If an employee's request for a modified work schedule is denied and if the employee does not agree w1.th the decision that has been reached, the employee can grieve such decision under Section 6.04 (Grievance and Complaint Procedure) of th1.S Agreement. Fa1.1ure to successfully transfer an employee under this Section will not be grievable. Promotions If, upon promot1.on, an employee represented here1.n fails to sat1.sfactorily complete his/her probat1.onary period 1.n the position to which he/she has been promoted, or during the probationary period wishes to return to h1.s/her former position, he/she shall have the r1.ght to return to his/her former posit1.on, if vacant, or to a comparable position in the same job classlfication if a vacancy eX2sts. If no vacancy exists, the employee will have any reappointment rights to his/her former position as prov1.ded by the Santa Monica Munic1.pal Code (Sect1.on 2.04.450) . - 33 - e e ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS 6.01 6.02 6.03 6.04 Payroll Deductions It is mutually understood and agreed that the C1.ty wlll, subject to the provisions of Ordinance No. 801 (CCS) and dur1.ng the term of this MOD, deduct monthly and remit to the office or officer designated l.n the employee payroll deduct1.on author1.zation Recognized Employee Organ1.zation dues, credit union l.nvestments or payments, health and hospitalization lnsurance premiums, and life and accident insurance premiums. Any or all of such payroll deductions are subject to termination by the City Manager upon twenty-four (24) hours notice for fa1.1ure to comply with the provisions of this MOD. Reasonable Notice It is mutually understood and agreed that a copy of the City CounCll or Personnel Board agenda for each meeting mailed, by D.S. Mail or interoffice mail, to the authorized representative of ATA shall const1.tute reasonable written not1.ce, and not1.ce 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. Time Off for Association BUSlness Elected Board Members of ATA or their designees shall be allowed to utilize a total of forty (40) hours of time off with pay during each fiscal year to conduct necessary Association business. These forty (40) hours per fiscal year represent the aggregate maximum use for all authorized representatives of ATA per fiscal year, as opposed to forty (40) hours per representat1.ve. Prior to such usage, authorized ATA representat1.ves must receive prior perm1.ssion from the Department Head, or his/her designee, in wrlting. All such time off shall be reported by said ATA representative to the Director of Personnel for account1.ng purposes. Grievance and Complaint Procedure A gr1.evance is a complaint by one (1) or more employees concerning' (1) Discipl1.nary actions. (2) A suspension, demotion or removal from a line-ltem position classification. - 34 - e e (3) The procedure, rating, or outcome of a performance evaluation. (4) The application or interpretation of this MOU and/or ordinances, resolutions, policies, practices or procedures affecting the employee's wages, hours or working conditions. A. Grievances related to d1.sciplinary actions, including the appeal of a suspension, demotion or removal, shall be lodged by the employee and shall be subj ect to the procedures outlined in Sectlon 2.04.740 and/or Section 2.04.750 et seq of the Santa Monica Municipal Code, whlch shall const1.tute the sole administrative recourse available under the terms of th~s MOU. B. Grievances related to the outcome of a performance resolved as follows procedure, evaluat1.on rating shall or be Step l' An employee covered herein who believes that the prescribed evaluation procedures have not been followed or that the evaluat1.on does not correspond to the facts should make a written complaint to his/her supervisor w1.thin ten (10) working days of receiving the performance evaluation. Step 2: If no satisfactory response is received within f1.ve (5) working days of f1.11.ng the complaint, the employee should immediately forward the compla1.nt to his/her Department Head. The Department Head shall have ten (10) working days to respond to the grlevance. Step 3: If no satisfactory response is received within ten (10) working days, the employee should immediately forward the complaint to the Director of Personnel. The Director of Personnel shall confer with the grievant and the Department Head and any other interested parties and shall conduct such other invest1.gations as may be adv1.sable. Step 4: The findings of the Director of Personnel shall be subm1.tted to the City Manager within ten (10) work1.ng days of receiving the compla1.nt. The City Manager shall make his/her dec1.sion in wr1.ting. The City Manager's decision shall be final. The decision of the City Manager shall be ma1.led to the employee w1.thin ten (10) - 35 - e e working days of receipt of the findings of the Director of Personnel. The foregoing shall constitute the sole adm1.n1.strati ve recourse available under the terms of this MOD. C. Grievances related to the appl1.cation or interpretat~on of thlS MOU and/or ordinances, resolutions, policies, practices or procedures affecting the employee's wages, hours or working conditions shall be resolved as follows: Step 1: The aggrieved employee (s) shall meet with the immediate superv1.sor to discuss the gr1.evance. The grievance or grievances must be stated in writing, spec1.fically citing the MOD provision, ordinance, resolution, rule, policy, practice or procedure that is the subject of the grievance, the circumstances giving rise to the gr1.evance, and the des1.red solution to the grievance with1.n thirty (30) calendar days of the event giving rise to the grievance or within thirty (30) calendar days of the employee learning of the event if the employee could not have known of the event giving rise to the gr1.evance when sa1.d event occurred. If the matter cannot be satisfactorily resolved with1.n five (5) worklng days follow1.ng the meeting w1.th the 1.mmediate supervisor, the employee may submit the grievance and the desired solution to the second level supervisor, if any. Step 2: The second level supervisor shall meet wlth the grievant and the grievant's representatives, if any, no later than the grievant's fifth (5th) work day following presentation of the grievance. Withln five (5) working days follow1.ng such meeting, the supervisor shall give a written dec1.s1.on to the grievant. If the second level supervisor does not have the authority to resolve the grievance, lot shall immed1.ately be forwarded to the Department Head or the appropriate author1ty. Step 3: If the grievance is not resolved at Step 2, the employee may refer the grievance with1.n ten (10) working days to the Department - 36 - e e Head, who shall meet with the employee and the employee's representat1.ve, 1.f any, to discuss the grievance w1th1.n the employee's fifth (5th) working day following the forwarding of the grlevance. Within five (5) working days following such meet1.ng, the Department Head shall give a written decision to the grievant. Step 4: If no satisfactory response is received within ten (10) working days, the employee should 1mmediately forward the complaint to the Director of Personnel. The Director of Personnel shall confer with the grievant and the Department Head and any other interested parties and shall conduct such other investigations as may be advisable. Step 5: The f1.ndings of the Director of Personnel shall be submitted to the City Manager within ten (10) working days of receiving the complaint. The City Manager shall make h1.s/her decision in writing. The C1.ty Manager's decision shall be final. The decision of the City Manager shall be mailed to the employee within ten (10) working days of receipt of the findings subm1.tted by the Director of Personnel. D. All time periods l.n this Section may be extended mutual written agreement of the employee or employee's representat1.ve, if any, and management representative involved. by the the E. If a management representative does not meet with the grievant or render a decision withln the time Ilmlts specified, the employee may immediately exercise the next step in the grievance process. F. An employee who has initiated a grievance, or assisted another employee 1n initiating and/or proceSS1.ng a grievance, or who has test1.fied at any hearing shall not in any way be coerced, h1.ndered, 1.nt1.midated or discr1.ffi1.nated aga1.nst for exercising this right. G. Employees shall have the right to be represented in grievance matters in the following manner: 1. Employees shall have the right to represent themselves individually 1n grievance matters. 2 . Employees department may des1.gnate or of ATA to a member represent of the them 1n - 37 - e e grlevance matters at steps 1 and 2 of the grievance process. 3. Employees may designate a member of the department, an ATA representative or a legal representative to represent them in steps 3 and 4 of the gr1.evance process. ATA shall not1.fy the D1.rector of Personnel, in writing, of 1.ts designated employee grievance representat1.ves and shall provide notification of any change l.n such representatives. H. Reasonable time off wlthout loss of payor shall be given to a grievant or ATA representative to investigate and/or grievances, and to wltnesses l.n any meeting or hear1.ng held dur1.ng work hours. benefits employee process grievance I. Before performing grievance work, ATA representatives, the grievant or witnesses shall obtain permission from the 1.mmed1.ate supervisor. Neither the grievant nor the representative nor witnesses shall interrupt or leave work if the supervisor determines that such interruptions or absence will unduly interfere with the work of the employee. However, if the superV1.sor denies such t1.me off, time off must be granted within twenty- four (24) hours of such request. - 38 - e e IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding to be executed this 13th day of September , 1995. ADMINISTRATIVE TEAM ASSOCIATES ~d~~ Karen pickett Manag1.ng Director ~~Da...~o ' bavid-Chamberl1.n ~4 ;? k?-<'y- Larry Sacdo APPROVED AS TO FORM~ 1-1 J .n/~.Jj-i -/ 1'( d~ ~&kLd ) u/~--ttU" ~ , 1.. Marsha Jones ~outr1.e City Attorney - 39 - MANAGEMENT OFFICIALS CITY OF SANTA MONICA T cri- r.L:L . Jo'1{; Jal~- - -- City Manager e e EXHIBIT A Classifications subject to the MOU shall be as follows: Accountant Adm1.n1.strative Analyst Arch~tect Ass1.stant Domest1.C Violence Counselor Assistant Planner Associate Planner Civil Eng1.neer Civil Engineering Assistant civil Engineering Associate Conservation Coordinator Crime Prevent loon Coordinator - SHO Cr1.me Prevent loon Coordinator Domest1.C Violence Counselor Env1.ronmental Coordinator Env1.ronmental Programs Analyst - Hazardous Materials Management Environmental Programs Analyst - Resource Efficiency Employee Services Coordinator Environmental Inspector Farmer's Market Coordinator Lead Environmental Inspector Liab1.11.ty Claims Adjuster Librarian I Librarian II L1.brary Literacy Program Coordinator Loss Control Officer Network Adrnin1.strator Permit and Project Analyst Personnel Analyst Plan Checking Engineer Principal Water Chemist Programmer Analyst I Programmer Analyst II Sen1.0r Accountant Sen1.or Administrative Analyst Sen1.or Personnel Analyst Special Projects Engineer Systems Admin1.strator Systems Analyst Telecommunicat1.ons Analyst Transportation Management Coordinator Transportation Management Specialist Transportation Planner V1.deo Training/Production Coordinator Waste Reduct1.on Coord1.nator Water Chemist Workers' Compensation Officer Youth Services Counselor - 40 - e e Adopted and approved tlus 12th of September, 1995 kJ~. ~ Mayor I hereby certify that the foregomg ResolutIOn 8939 (CCS) was duly adopted at a meetmg of the City Councd held on the 12th of September, 1995 by the followmg vote Ayes CouncIl members Abdo, Ebner, Genser, Greenberg, Holbrook, O'Connor Noes Council members None Abstam Council members Rosenstem Absent Council members None ATTEST "- .~~~ City Clerk