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R-7040 ~ ~ It . RESOLUTION NO. 7040(CCS) (CITY COUNCIL SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING WITH THE MANAGEMENT TEAM ASSOCIATES (MTA) WHEREAS, the CIty of Santa MonIca and the Management Team AssOCIates (MTA) entered Into a Memorandum of Understanding In May, 1985; and WHEREAS, it is the mutual desire of the CIty and MTA to amend certain terms of that Memorandum of Understanding; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1: The CIty Manager IS hereby authorized to execute the attached amendment to the Memorandum of Understanding between the CIty of Santa MonIca and MTA. SECTION 2: The City Clerk shall certify to the adoption of thlS Resolution and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ~ """- " ~""- ~ -- ROBERT M. MYERS CIty Attorney - . e e Adopted and approved thIS 25th day of June, 1985. ~~ ~ ~ / Mayor I hereby certify that the foregoing ResolutIon No. 7040(CCS) was duly adopted by the City Council of the City of Santa Monica at a meetlng thereof held on June 25, 1985 by the following CouncIl vote: Ayes: Councilmembers: Conn, EpsteIn, JennIngs, Katz, Zane and Mayor Reed Noes: Councllmembers: None Abstain: Councilmembers: None Absent: Councilmembers: Edwards ATTEST: m l\ - \~:t, ActIng' Cl tr C~k .J -- - - ---- e e AGREEMENT AMENDING MEMORANDUM OF UNDERSTANDING THIS AGREEMENT entered into this day of , 1985 by and between the CITY OF SANTA MONICA, a munlcIpal corporatIon (hereInafter nCIty") and the MANAGEMENT TEAM ASSOCIATES (hereinafter "MTA") is made WIth reference to the followIng: R Eel TAL S -------- A. The City and MTA entered Into a memorandum of understandIng In May, 1985, entItled nMemorandum of Understanding Between City of Santa MonIca and Management Team AssOCIates (hereInafter "MOUn). B. It is the mutual desire of the CIty and MTA to amend Section 42 "Salarlesn and "ExhIblt A" to Include addItIonal pOSItIon classIfications, to amend SectIon 44, "Recognitlon of ExceptIonal Performance" to provide that non-probatIonary employees who have reached the tiE" step of the salary schedule be evaluated at the end of each fIscal year rather than on their annIversary date, and to amend SectIon 35, "Sick Leave" to provIde that the first payoff under the new plan will be made in July 1986. NOW, THEREFORE, It IS mutually agreed by and between the City and MTA as follows: l. On and after June 25, 1985, Section 42 tlSalarIes1l IS amended to read as follows: Salaries of CIty employees in line-item positIons shall be on a monthly rate, paid on a bI-weekly equivalent basis. In lieu of the ------ --- --- -------- -- -------- e - 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 dlvldlng the bl-weekly rate by 80. A. EffectIve January l, 1985, the E-step salaries of employees covered herein shall be as follows: AudItorium OperatIons Supv. 2,530 Harbor Captain* 2,594 Recreation SupervIsor 2,724 TraffIc Operations Supt. 2,792 Cemetery SuperIntendent 2,792 Assistant CIty Clerk 2,934 PFM SuperIntendent 2,934 Recycling CoordInator 2,934 RCS Manager 2,934 Street MaIntenance Supv. 2,934 AssIstant BUIldIng OffIcer 3,083 AdministratIve Water EngIneer 3,160 Trans. Operations SupervIsor 3,160 Water/Wastewater Supt. 3,l60 SanitatIon SuperIntendent 3,l60 SenIor AdminIstratIve Analyst** 3,l60 Trans. MaIntenance SuperIntendent 3,238 Housing Program Manager 3,238 PrIncIpal Personnel Analyst 3,238 Planning & ZonIng Manager 3,238 ASSIstant Purchasing Agent 3,238 Mechanical Malnt. SuperIntendent 3,40'3 ElectrIcal FaCIlIties Supv. 3,40'3 Purchasing Agent 3,403 RecreatIon SuperIntendent 3,40'3 AdmInIstratIve Services OffIcer 3,575 Transportation MaIntenance Manager 3,575 Assistant CIty LIbrarIan 3,665 Cornm. & Neighborhood Svcs. Manager 3,756 EconomlC Development Manager 3,756 CIty Treasurer 3,756 Parks Superlntendent 3,756 MaIntenance Manager 3,946 CI ty Pkg & Traffic EngIneer 3,946 Assistant DIrector TransportatIon 4,0'45 UtIlItIes Manager 4,146 Assistant Director of FInance 4,356 Assistant Director General Services 4,465 *Through July 1, 1985 only, after which the pOSItIon will be covered by the STA MOU. **The SenIor AdmInIstrative Analyst In the Personnel Department shall receIve a 3% Increase over current salary in lieu of - -- - ---------------------------- ---- - --- -- e e placement on the grid establIshed above, pendIng reclassifIcation. B. EffectIve July 1, 1985, the E-step salaries of employees covered hereIn shall be Increased by fIve percent (5%) . C. Effective January 1, 1986, the E-step salarIes of employees covered herein shall be Increased by four percent (4%) . D. Effective July l, 1986, the E-step salarIes of employees covered hereln sha 11 be adJusted by the percentage increase in the revIsed Consumer Price Index (CPI) for Urban Wage Earners and Clerical - Workers, 196 7=lriJ0', for Los Angeles-Long Beach Metropolitan area, pUblIshed by the Department of Labor Bureau of Labor Statistics; provided, however, that saId percentage lncrease shall be not less than fIve percent (5% ) nor greater than nine percent (9%) . SaId percentage shall be computed on the CPI for AprIl 1986 compared with the CPI for April 1985. E. Effectlve January 1, 1987, the E-step salaries of employees covered hereln shall be Increased by three percent (3%) . 2. On and after June 25, 1985, Exhibit I1A II IS amended to read as follows: Assistant City Clerk Audltorlum OperatIons Supervisor Harbor Captain Traffic Operations SuperIntendent Street MaIntenance SuperIntendent RecreatIon SuperVlsor Cemetery SuperIntendent PFM SuperIntendent RecyclIng Coordinator RCS Manager Water/Wastewater SuperIntendent SanItatIon SuperIntendent SenIor Adminlstratlve Analyst (RecreatIon and Parks & Personnel Only) Assistant Building Officer Administrative Water EngIneer -- -- -- ---- - e e Trans1t OperatIons SuperIntendent TransportatIon Maintenance Super1ntendent Housing Program Manager princ1pal Personnel Analyst PlannIng & ZonIng Manager AdminIstrative ServIces Off1cer TransportatIon MaIntenance Manager AssIstant PurchasIng Agent MechanIcal Ma1ntenance Superintendent Electrical Fac1l1ties Super1ntendent Purchasing Agent RecreatIon Super1ntendent Ass1stant CIty Librarian CommunIty and NeIghborhood Serv1ces Manager EconomIC Development Manager C1ty Treasurer Parks Superintendent Ma1ntenance Manager CIty ParkIng and Traffic Engineer Assistant D1rector of Transportation Ut1lities Manager AssIstant Director of FInance Assistant DIrector of General services Labor Relat10ns Manager RecrUItment and SelectIon Manager 3. On and after June 25, 1985, SectIon 44, "Recognlt1on of Except10nal Performancelf IS amended to read as follows: ExceptIonal performance beyond the established goals and obJectIves for employees covered her~In, may result in a cash performance 1ncentlve of one percent (1%) to ten percent (l0%) of the employee's annual salary for the past fiscal year. Such payments shall be regarded as one-t1me bonuses and shall not become part of the employee's base rate. They are subject to retIrement contributIons. Employees below the "E" step of the salary range may receIve a mer1t step increase or a cash bonus for exceptIonal performance, but may not receive both 1n a glven contract year. A merIt pool, not to exceed 4% of the base salarIes of employees covered herein shall be establIshed annually from WhICh any and all such payments shall be made. NothIng herein shall be construed as requ1rlng that all pooled funds be dIstrIbuted 1n any year. A committee of three MTA members, and three Department Heads, IncludIng the Director of Personnel, shall meet during May 1985, to develop forms, and to discuss and recommend more specifIC standards and procedures for the performance incentive program by May 30'. The procedures shall 1nclude, at a minimum, that Department Head recommendatIons with approprIate )ustlf1catlon, be forwarded to the CIty Manager by July 20, 1985 and each July 20' thereafter and that the City Manager and Personnel D1rector reVlew the Department recommendatIons for cons1stency and resolve resource problems If the recommendations total more than the ava1lable funds by July 3l. The fInal recommendations of ------------------ - -- r . e the CIty Manager wIll be made and communicated to the employees and theIr Department Heads durIng the fIrst week in August and payment shall be made by August 31. If, in the opinion of the City Manager, no cash payment IS warranted by the employee1s performance, the employee shall have the opportunity to present, wIthIn ten days of notifIcatIon that no payment IS due, additional information that mlght alter the CIty Manager1s decision. The decision of the CIty Manager, after consideratIon of any such additIonal informatlon, shall be fInal and no appeal may be taken therefrom. The amount of payment is not subject to appeal. Non-probationary employees who have reached the liEU step of the salary schedule shall be evaluated annually at the end of the fIscal year rather than on theIr anniversary date. It is expressly understood and agreed that the performance incentlve payments described In thIS SectIon do not constitute a generally granted increase under SectIon ll00 of the clty Charter and Section 2HJ5E of the Santa Monica MunIcIpal Code and that denlal of such payment does not constitute a demotIon. 4. On and after June 25, 1985 SectIon 35, "SIck Leave" IS amended to read as follows: A. The use of sick leave shall be defined as in Section 21041 of the Santa MonIca Munlclpal 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 employee1s illness or off-the-job injury, exposure of the employee to contagious dIsease as evidenced by certlflcatlon from an accepted medical authority, or medIcal or den tal appoIntments of the employee Whlh could not be scheduled during non-work hours, wIth proper advance notifIcatIon to the department head. B. Employees covered hereIn shall accrue sick leave wIth pay on the following basIs, prOVIded that permanent part-tIme employees shall accrue sick leave In that proportlon as the number of hours budgeted for the posltlon bears to the full-tIme work week: (1 ) FOllowIng the completlon of the first six calendar months of contInuous servlce, six (6) workIng days. (2 ) Thereafter, one (l) worklng day for each completed calendar month of service. c. The foregoIng benefits are cumulatIve subJect to the followIng restrIctIons: (1 ) No more than one-hundred thlrty (l30) working days may be applIed against sick leave for anyone Illness. (2 ) Accrual of SIck leave shall be limited to one-hundred and thIrty (130) workIng days, unless the employee has - - --- . . e e selected the optIon E (l) (b) below, except that no employee who has currently acrued a "bank" of sIck leave In excess of one-hundred and thIrty (l30) working days shall be sUbJect to thIS limit unless or until that "bank" drops below one-hundred thIrty (130) workIng days. D. Any employee who is absent because of sickness or other physIcal dIsability shall notify hIs/her department head or other immediate superior officer as soon as possible but in any event in accordance with department rules and regulations. E. The sIck leave payoff program for fIscal year 1984-85 shall be the program that was In effective July 1, 1984. For fIscal year 1985-86, the nev,;r payoff program descr i bed in F , below, shall apply. F. Employees who are elIgIble for partIcIpation In the fiscal year 1985-86 payoff option as descrIbed below who previously elected to accumulate unlimited SIck leave shall have the option of electing the payoff option at the tIme this MOU IS ratifIed and shall make a wrItten notification to the Personnel Department by May 1, 1985, of that electIon. Future hires shall make theIr selection at the time they fIrst become elIgIble to elect payoff. Once an employee makes hIs/her decision to accumulate unlImIted sick leave or to participate In the payoff program and limit accumulation to 130 days, the deCIsion is Irrevocable. (l) Employees covered hereIn have two optional sick leave programs to choose from. Because the choice is one-tIme and Irrevocable, employees should carefully consIder theIr long and short term needs in arrIving at a chOIce. The two programs are as follows: a) . Program I - the employee has the annual optIon to be paid for certaIn unused SIck leave on the terms noted below or to "bank" unused sick leave to a maXImum accumulation of one-hundred thirty (130) . Payment at the employee's base rate for the fiscal year durIng whIch the SIck leave was earned but not used shall be made only to employees on the payroll as of June 30 of that fIscal year. To qualify for payment, an employee must have a sick leave "bank'l of 12 days. For the purposes of thIS section, "bank" shall mean sick leave earned In prior years and reported in the "sick Leave Balance Brought Forward from Prior Contract Yearn column of the nVacatlon, SIck Leave and Compensatory TIme" report lsued by the FInance Department at the begInning of the fiscal year during which payable SIck leave is earned. Annual sick lea ve payoffs under this sectIon for employees with less than ten (10 ) years of serVIce, shall be made accordIng to the followIng schedule: -------- - ------ - - ------- ~ e e Sick Leave Days Used Sick Leave Days Payable In the Fiscal Year At Fiscal Year End 0 6 1 5 2 4 3 3 4 2 5 1 6 or more 0 Annual sIck leave payoffs under thIS sectio for employees with ten (l0) or more years of serVlce shall be made accordIng to the following schedule: SIck Leave Days Used Sick Leave Days Payable In the FIscal Year At FIscal Year End 0 12 1 II 2 10 3 9 4 8 5 7 6 6 7 5 8 4 9 3 10 2 11 1 12 or more 0 It IS mutually acknowledged by the parties that the use of Code 40 or other tIme off not appropriately scheduled In advance will dIsqualIfy an employee from eligIbility for payment under thIS sectIon. Sick leave for WhICh payoff IS received shall be consIdered "usedll In that it will not be added to the "bank" (or if added to the "bank" prIor to the payoff date shall be removed from the "bank"). SIck leave payoffs under thIS section shall be made by separate check by the end of July following the fIscal year In WhIch the payable SIck leave was earned. The fIrst payoff under the terms of this program will be made in July 1986 for unused sick leave earned in fiscal year 1985-86. b) . Program II - the employee has no option for pay for unused sick leave and "banksll unused sick leave with no limit or maximum accumulation. 5. Except as expressly modifIes herein, all other terms and convenants set forth In the MOU shall remain the same and shall be in full force and effect. -- - ---- .. . . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year flrst above wrltten. CITY OF SANTA MONICA: APPROVED AS TO FOP~: JOHN JALILI Ci ty !-1anager ~~ ~- -- ROBERT M. l>lYERS - City Attorney !>1T A . DOUG STAFFORD Presldent ------------ --~- -~--------------------~-