R-8939
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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;
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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 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
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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
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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
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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
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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.
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1. 04
1. 05
1 06
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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
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1. 09
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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.
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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
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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.
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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
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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.
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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
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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.
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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
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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.
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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
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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
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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.
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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.
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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,
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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.
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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.
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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
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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
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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.
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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 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)
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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
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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:
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(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
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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
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4.11
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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.
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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
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5.03
5.04
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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
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5.05
5.06
5.07
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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
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5.08
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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) .
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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.
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(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)
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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
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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
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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.
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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
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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
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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