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R-6449 1- 4' . . RESOLUTION NO. 6449(CC5) (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 BETWEEN THE CITY OF SANTA MONICA AND THE MANAGEMENT TEAM ASSOCIATES . l~EREAS, Section 2.06 of Ordinance 801 (CCS) of the City of Santa Monica requires preparation of a written memorandum of under- standing between the administration and recognized employee associa- tions if an agreement can be reached, and WHEREAS, Section 2.06 of Ordinance 801 (CCS) of the City of Santa Monica further provides that any such memorandum of understand- ing shall not be binding unless and until presented to the governing body for determination, and WHEREAS, the purpose of this memorandum of understanding is to promote and provide harmonious relations, cooperation and understanding between the City and the members of the Mana~ement Team Associates, i NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: Section 1 The City Council does hereby approve and authorize the City Manager to execute the memorandum of understanding executed by the representative of the Management Team Associates, a copy of which is attached hereto Section 2: The City Clerk shall certify to the adoption of this Resolution and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM. JUk,t '" '^'(f ~ Robert M. Myers City Attorney . . ADOPTED AND APPROVED THIS 2nd DAY OF March , 1982. --... J / 7 . . Cd, ~ ~ ." i '" . Ii " {,' ." ( C /'~ rfh ~ fi~-6- (;'_;fP~alZ~. ----'" )1 MAYOR -"..-; / ~ ~/ I HEREBY CERTIFY THAT THE FOREGOING RESOLUTION NO. 6449(CC~~WAS DULY ADOPTED BY THE CITY COUNCIL OF THE CITY OF SANTA MONICA AT A MEETING THEREOF HELD ON March 2 , 1982 BY THE FOLLOWING COUNCIL VOTE: AYES: COUNCILMEMBERS: Edwards, Press, Zane and Mayor Yannatta Goldway NOES: COUNCILMEMBERS: ~one ABSENT: COUNCILMEMBERS: Conn, Jennings, Reed ABSTAIN: COUNCILMEMBERS: Kane ATTEST: (/:7 /);- j~/ - jL.-~ v CXJ~ CITY CLERK e MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SANTA MONICA, CALIFORNIA AND MANAGEMENT TEAM ASSOCIATION (MTA) . CONTRACT NO. 3750(CCS) SECTION 1- 2. 3. 4. 5. 6. 7 . 8. 9. 10. ll. 12. 13. 14. 15. 16. 17. 18. 19. 20. 2l. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31- 32. 33. 34. 35. 36. 37. 38. 39. 40. 4l. 42. 43. 44. 45. 46. e e TABLE OF CONTENTS Parties to Memorandum ..... ......... ... .... ... City Council Approval.. .... ..... ..... ........ Full Understanding, Modification and Waiver .. Purpose..................... III........ III...... I.............. I- ill. Recognized Employee Association Name ......... Scope of Representation ...................... Management Rights Reserved ... ............ .... Validity of Memorandum of Understanding ...... Payroll Deductions ..... ... ... .... ......... ... De fi n 1 ti 0 n s ............... II . . . . oil .. .. . .. . . .. .. II II . .. .. .. .. .. .. .. . II' .. Equal Employment .............................. Safety and Loss Prevention ................... Captions for Convenience .... ....... .......... Re as 0 nab 1 e No t; c e ..... III .. .. .. .. .. . .. .. .. . .. .. .. .. .. . .. .. . . .. . En t ran c e Sa 1 a r 1 e s ............................................... II . .. Effective Date of Pay Increase ............... Y -Ra t 1 n 9 .......... III . . . . .. . . , .. . .. . .. . .. II .. .. .. .. .. .. .. .. .. .. .. .. .. . Compensatory Time ............................. Re t; rem e n t .................................................... P a 1 d Ho 11 day 5 . . . .. . . . . . .. . . . . . . .. .. . .. . . .. . . . . .. . . .. .. . Vacation leave .............................."... Sic k L e a-v e ..................... III . .. . ... . . . .. . . . . . . I' . I' Leave of Absence Without Pay.............. ... Mi' itary Leave......... II- It.. III........................... III" Unit Membership Standards .................... J u r y Du ty .....,............ I- ... . . . . . .. .. .. . . . . . . . . . . ,. . ,. . Tuition Reimbursement .............. .......... Mileage Reimbursement and Energy Conservation. Promotional Pay Rate ......................... Worke~'s Compensation Leave .................. Grievance and Complaint Policy..... .......... Peaceful Performance of City Service ......... Management Leave .............................. De ferred Compe n sa ti on ........................ Per form an c e - Bas e dIn ere as e s .................. Mental Health Insurance ...................... Medical/Dental Insurance ..................... Term L; f e 1 n sur a nee .......................... Long Term Disability Insurance ............... Ca 11 Back Pay ...... I' . . . . .. .. ,. ... . III lit . .. .. . . .. . ... .. .. . . .. . .. .. Individual Adjustments ................ ....... Reopener on Benefits ......................... Term of Agreement ............................ Payments at Termination ...................... Overpayment Remedy........................... Sa 1 a r f e 5 ............................................... Ex hi b; t II A II ..........,............................. III . ... .. PAGE 1 1 1 2 2 2 3 3 4 4 5 6 6 6 6 7 7 7 8 8 9 10 10 11 11 11 12 12 13 13 13 14 15 15 15 16 16 17 17 17 17 18 18 18 19 19 22 e . MTA 1/82 1. Parties to Memorandum. This Memorandum of Understanding (MOU) has been prepared pursuant to the terms of Ordinance Number 801 (CCS}-of the City of Santa Monica, which Ordinance is hereby incorporated by reference as if fully set forth herein, and has been executed by the City Manager on behalf of management officials of the City and by the Management Team Associates (MTA) on behalf of permanent employees occupying the line-item employment position classifications set forth in Exhibit A which is attached hereto and made a part hereof. From time to time, additional positions may be included under the terms of this MOU, provided that MTA finds those positions to be appropriately within their unit composition standards and that the Municipal Employee Relations Officer finds that their inclusion is not inappropriate under the terms of Ordinance Number 801 (CCS). Such additions shall be agreed upon in writing and will become effective upon execution by the President of MTA and the Municipal Employee Relations Officer. The terms of this MOU establishing wages and benefits may be modified by mutual agreement of MTA and the City as regards such added positions to ensure wage and benefit equity unit-wide, subject to approval by the City Council. 2. Ci ty Council Approval. This MOU is of no force or effect ratified and approved by resolution Council of the City of Santa Monica. whatsoever unless or until duly adopted by the City 3. Full Understandin~t Modification and Waiver. The parties agree that each has had full and unrestricted right and opportunity to make, advance, and discuss all matters pr08erlY within the scope of representation as outlined in Section 2. 5 of Ordinance Number 801 (CCS). This MOU constitutes the full and complete agreement of the parties and there are no others, oral or written, except as specified in this agreement. The parties are not bound by any past practices or understandings of either party unless such past practices or understandings are specifically stated in this MOU except that provisions or conditions not specifically changed in this or previous MOUls shall be as prescribed by the civil service provisions of the Santa Monica 1 e . City Charter and the Santa Monica Municipal Code. Each party, for the term of this MOU, specifically waives the right to demand or petition for changes herein, whether or not the subjects were known to the parties at the time of execution hereof as proper subjects within the scope of representation as outlined in Section 2.05 of Ordinance Number 801 (CCS). 4. Purpose. The parties agree that the purpose of this MOU is: to promote and provide harmonious relations, cooperation and understanding between the City and the employees covered herein; to provide an orderly and equitable means of resolving differences which may arise under this memorandum, and to set forth the full agreements of the parties reached as a result of meeting and conferring in good faith regarding matters within the scope of representation for employees represented by MTA. 5. Reco9nized Employee Association Name. MTA 1s hereby acknowledged as the Recognized Employee Organization representing only the permanent, line-item employment position classifications set forth in Exhibit A (which is attached hereto and made a part hereof) pursuant to Section 3.04 (c) of Ordinance Number 801 (CCS). It 1s the mutual understanding of the parties hereto that acknowledgement of MTA as the recognized employee organization: A. Does not preclude employees in such employment position classifications from representing themselves individually in their employment relations witn the City. B. Does not off1cials employment employment preclude or restrict the to meet and consult with position classifications relations with the City. right of management employees in such concerning their 6. Scope of Representation. The scope of representation of the recognized employee organiza- tion shall include all matters relating to employment conditions and employer-employee relations including, but not limited to, wages, hours, and other terms and conditions of employment, except, however, that the scope of representation shall not include consideration of the merits, necessity, or organization of 2 e e any service or activity provided by law or executive order and that the scope of representation shall be exercised or performed in compliance with the provisions of Ordinance Number 801 (ess). 7. Management Rights Reserved. The City retains all rights not specifically delegated by this agreement~ including~ but not limited to, the exclusive right to; A. Oirect~ supervise, hire, promote, suspend, discipline, discharge~ transfer~ assign, schedule~ and retain employees. B. Relieve employees from duties because of lack of work or funds, or under conditions where continued work would be inefficient or nonproductive. c. Determine services to be rendered~ operations to be performed, utilization of technology~ and overall budgetary matters. D. Determine the appropriate job classifications and personnel by which government operations are to be conducted. E. Determine the overall mission of the unit of government. F. Maintain and improve the efficiency and effectiveness of government operations. G. Take any necessary actions to carry out the mission of an agency in situations of emergency. H. Take whatever other actions may be necessary to carry out the wishes of the pUblic not otherwise specified above or by collective agreement. 8. Validity of Memorandum of Understanding. If any provision of this MOU is determined to be invalid or illegal by a court of competent jurisdictlon~ then such provision shall be severed from this MOU~ but the remainder hereof shall remain in full force and effect. The parties hereto shall immediately commence to negotiate for the purpose of replacing any such invalid or illegal provision. Should any change be made in any Federal or State law~ or in any rules and regulations implementing such legislation, or in any City Charter provision or Santa Monica Municipal Code provision which would be applicable and contrary to any provision herein contained~ then such provision of this MOU shall be automatically 3 e e terminated, but the remainder of this MOU shall remain in full force and effect. Such legislation and/or rules and regulations shall supersede this MOU and applicable clauses shall be substituted for those ruled invalid or illegal. The parties hereto shall immediately commence to negotiate for the purpose of replacing any such invalid or illegal provision. 9. Payroll Deductions. It is mutually understood and agreed that the City will, subject to the provisions of Ordinance Number 801 (eeS) and during t~e term of this MOU, deduct monthly and remit to the office or officer designated in the employee payroll deduction authorization recognized employee organization dues, credit union investments or payments, health and hospitalization insurance 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 failure to co ply with the provisions of this MOU. 10. Definitions. The following definitions are to be applied in the inter- pretation of this MOU: A. Salary Ran~e: The term "salary range" means the minimum to maximum hourly or monthly pay (and the bi-week1y equivalent) assigned to each employment position classification covered hereunder. B. Nearest Dollar: The lower dollar when the the next higher dollar more. term "nearest dollar" means the next computed amount is 50 cents or less and when the computed amount is 51 cents or C Line Item Position: The term "line-item position" means a position which is (a) specifically itemized in the personnel schedule of the annual budget of the City of Santa Monica and (b) eligible to accumulate vacation, sick leave and other time off in proportion to the percentage of the full-time forty (40) hour week. Other fringe benefits shall be provided to part-time employees covered hereunder as if they were employed on a full-time basis. D. Permanent Employees: The term "permanent employee" means: (1) A person who is legally an incumbent of a line-item position, full or part-time; or 4 e - (2) A former legal incumbent of a line-item position on authorized leave of absence from a regularly budgeted position which position is held for the employee pending the employee's return. E. Date of Entrance Anniversary: The term "date of entrance anniversary" means the date which recurs annually after the date of entry into a position in the classified service of the City of Santa Monica, either by original employment, re-employment or promotion. The date of entrance for employees with broken service shall be considered as the date on which the last unbroken service was effective. F. Satisfactory Service: The term I'satisfactory service" means the attainment ot not less than "0verall Satisfactory" on the performance report immediately preceding the employeels date of entrance anniversary. G. Full-Time Work Week: The term "full-time work week" means forty (40) hours except for positions in the Fire Suppression Service, for which the term "full-time work week" means fifty-six (56) hours. (1) Incumbents of line-item positions employed in a work week less than that defined as the full-time work week shall be compensated in that proportion of the hours worked for that position bears to the full-time work week; incumbents of line-item positions employed in a work week greater than that defined as the full-time work week shall be compensated for hours in excess of the full-time work week on the basis of and in accordance with the provisions of Section 18 hereof relating to compensatory time. (2) Incumbents of line-item positions regularly working less than the full-time work week shall accrue vacation, sick leave and other time off in the same ratio as the average number of hours they work per week is to the full-time work week for the position occupied. Other fringe benefits shall be provided to part-time employees covered hereunder as if they were employed on a full-time basis. H. Pay: The term "pay" means all compensation, including payment TOr sick leave, vacation, holidayst and jury duty. 11. E qua 1 Em p 1 0 ym en t . It is agreed by both parties to this MOU that management officials playa special role in achieving equal opportunity in selecting, training~ promoting and disciplining employees. The parties hereto will work in partnership with the Personnel Department to ensure full compliance with the letter and spirit of all 5 e - appl icabl e local, State and Federal 1 aws, rul es and regul ations governing equal opportunity and with the Affirmative Action Program of the City of Santa Monica which is incorporated by reference herein. Both parties aCknowledge that progress in meeting affirmative action goals is one appropriate indicator of performance of an employee subject to this MOU. 12. Safety and Loss Prevention. The City shall provide a reasonably safe and healthy working environment in accordance with applicable State and Federal laws, rules and regulations. MTA agrees that where safety devices or items of protective equipment are required or furnished, their use shall be mandatory. Both parties recognize the role that management officials play in loss prevention and safety and agree that measures of loss prevention and safety are one appropriate indicator of performance of an employee subject to this MOU. It is mutually agreed that a representative of MTA may attend meetings of the Administrative Safety Committee when, in the opinion of such representative, a safety hazard exists which should be considered by the Administrative Safety Committee. 13. Captions for Convenience. The captions herein are for convenience only and are not a part of this MOU and do not in any way limit, define, or amplify the terms and provisions hereof. 14. Reasonable Notice. It is mutually understood and agreed that a copy of the City Councilor Personnel Board agenda for each meeting mailed to the authorized representative of MTA shall constitute reasonable written notice, and notice of an opportunity to meet with such agency, on all matters within the scope of representation upon which the City Councilor Personnel Board may act. 15. Entrance Salaries. The City Manager, based upon specific appraisal of the importance and difficulty of the work and the experience and ability of the person to be employed, may authorize entrance salaries higher than 6 e e the minimum salary for a classification. In no event, however, shall the salary exceed the maximum rate for that classification. 16. Effective Date of Pay Increase. Notwithstanding salary ranges effective on effective date any other provision and salary related the first day of the stated herein. contained herein, changes in benefit changes shall become payroll perfod closest to the 17. V-Rating. When a personnel action, e.g., demotion due to layoff or reclass- ification, results in the lowering of the salary range of a permanent employee covered herein, the incumbent employee1s salary may be V-rated. "V-rated" shall mean the maintenance 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 remain at such level until the salary range of the new classification equals or exceeds the V-rate salary. Any MTA member whose position is abolished shall be demoted to the highest position under the members' supervision and subject to the "V-rating" provisions above. 18. Compensatory Time. Compensatory Time shall be accrued for permanent employees covered herein on an hour for hour basis for work in any week in excess of the full-time work week, provided that such hours of work have had the prior approval of an authorized management official. Compensatory time accrued must be taken off during the fiscal year in which it is accrued or it is forfeited without any payment or other compensation. Payment for compensatory time in excess of eighty hours per year may be made at the hourly rate equivalent of the employee's monthly salary in the pay period during which it is accrued provided that specific prior approval of such payment is made by the Department Head. The straight time value of compensatory time on the books as of December 26, 1981, shall be paid to permanent employees covered herein at the hourly equivalent of the employee's December 26, 1981 salary in a check to be issued in the payroll period following ratification of this MOU, except that any employee covered hereunder may elect, in writing prior to issuance of said 7 e e check, to reserve up to forty hours of said compensatory time. Any compensatory time so reserved must be used prior to June 30, 1982, or it is forfeited without any payment or other compensation. Should compensatory time be accrued in June of any fiscal year during the term of this contract in such amount that it is clearly impractical to release the employee to use said time prior to July 1 , the De par tm e n t He ad m ay pro v ide for its use d u r ; n g the fir s t quarter of the following fiscal year. The City hereby agrees that supervisors of employees covered hereunder shall be notified of the terms of this clause and directed to carefully monitor the assignment of hours in excess of the full-time work week to ensure that such assignment is essential to the mission of the Department and to consider exceptional demands on an employeels time in the granting of performance-based increases. 19. Retirement. The City is a contract member of the Public Employee1s Retire- ment System, and it is understood and agreed that such member- ship will be maintained and that employee eligibility, classi- fication, contributions, and benefits are as prescribed in the contract between the City and the Public Employee's Retirement System heretofore approved by the City Council. The City shall continue to pay on behalf of each permanent employee covered herein one hundred percent (100%) of the individual employee1s share of the required retirement contributions to PERS (seven percent (7~) of the employee's "compensation" as defined by PERS legislation) for the term of this MOU. These payments are not increases of salary and no salary range applicable to any of the affected employees shall be changed or be deemed to have been changed by reason of such payments; as a result, the City will not treat these payments as ordinary income and thus, will not withhold federal or state income tax therefrom. The City1s practice will be to-report these payments as being those of the employees so that they will be credited to the particular employee1s individual account with PERS and upon termination will belong to the employee. It ;s agreed that if state and/or federal procedures require reporting of these payments in any other mannert the parties will abide by such requirements. 20. Paid Holidays. There shall be 12 paid holidays for permanent employees covered her~in. These holidays shall be: 8 e e New Year's Day - January 1 Dr. Martin Luther King's Birthday - January 15 Lincoln1s Birthday - February 12 Washington's Birthday - Third Monday in February Memorial Day - last Monday in May Independence Day - July 4 Labor Oay - First Monday in September Thanksgiving Day - Fourth Thursday in November The Friday Following Thanksgiving Day The Half-Day Immediately Before Christmas Day Christmas Day - December 25 The Half-Day Immediately Before New Year's Day One Floating Holiday All Other Holidays Declared by the City Council In addition, permanent employees covered herein shall receive any additional holidays enjoyed by operatlng employees in the division or department in which such employee is assigned. Whenever any day listed herein as a paid holiday falls upon the first or second day off of any employee who has two (2) consecutive days off, the day preceding shall be deemed the holiday if it falls on the first day off, and the day following shall be deemed the holiday if it falls on the second day off in lieu of the day listed. Whenever any day listed herein as a paid holiday falls upon any day off of an employee who does not have two (2) consecutive days off, the following day shall be deemed the holiday for such employee. Time worked on an authorized paid holiday, shall be compensated at straight time at the hourly rate equivalent to the monthly salary plus the regular holiday pay. 21. Vacation Leave. Each permanent employee covered her~in shall accrue vacation leave with pay on the following basis: A. Following completion of the first six calendar months of continuous service, six {6} working days. B. Thereafter, up to and including five completed years of service, one (1) working day for each completed calendar month of service. C. Thereafter, up to and including ten completed years of service, one and one quarter (1.25) working days for each completed calendar month of service. D. Upon completion of ten years of service and there- after, one and one-half (1 1/2) working days for each completed calendar month of service. 9 e It E. The administration or application of vacation leave provisions and the limitations on the accumulation, proportionate accumulation, scheduling and payment for such leave shall be as prescribed in the civil service provisions of the Santa Mo n i c a Mu n i c i pal Co de. F. Accrual of vacation leave hereunder shall not exceed forty ( 4 O) day s . 22. Sick Leave. Effective January 1, 1982, permanent employees covered herein shall have the option to select either a sick leave plan which allows unlimited accrual of sick leave or a sick leave plan which allows a maximum accrual of 130 sick leave days with maximum cash payment for certain sick leave unused during the fiscal year as follows: A. For permanent employees covered herein with less than fifteen years of service, up to six days. B. For permanent employees covered herein with fifteen or more years of service who maintain a bank of 130 sick leave days, up to nine days. Said payment to be made at the beginning of the fiscal year following the fiscal year in which sick leave is accrued. Such selection shall be made in writing prior to May 30, 1982 and shall be effective for the life of this MOU. Accrual of sick leave shall be as follows effective January 1, 1982: A. Following completion of the first six calendar months of service, six (6) working days. B. Thereafter, one (1) working day for each completed calendar month of service. Sick leave provisions other than those specified above shall be as contained in Section 21041 of the Santa Monica Municipal Code. 23. Leave of Absence Without Pay. A permanent employee covered herein may be granted a leave of absence without pay upon application approved by the Department Head and the City Manager. Such leave may not exceed one year1s time. Upon expiration of the leave, the employee shall be reinstated to the position held before the leave was granted. Such leave shall be granted only in those cases where an 10 e e employee's record of service and qualifications make it desirable for the City to retain the employee's services even at the cost of some inconvenience to the City. 24. Military Leave. A permanent employee covered herein, who in time of war or national emergency as proclaimed by the President of the United States or the Congress of the United States, or while any national conscription act is in effect, is inducted into the armed forces of the United States or who leaves employment with the City to enter voluntarily the armed forces and within a reasonable time after leaving employment with the City does enter such service, shall be granted a leave of absence without pay for the duration of the period of active service with such armed forces. If such employee receives an honorable discharge or its equivalent and the position still exists and the employee otherwise is qualified to fill the same, the employee shall have a right to return to the position with the City within six months after the termination of such active service but shall not have a right to so return later than six months after the end of the war or after the time the President or Congress proclaims the national emergency is terminated, or after the expiration of the national conscription act. Such an employee shall receive seniority and other credits on the same basis as though the employee had remained in the City service and had not taken such military leave. Leaves of absence with pay for temporary military duty shall be granted in accordance with applicable federal or state law. 25. Unit Membership Standards. MTA hereby agrees that standards for MTA membership shall be developed by July 1, 1982. In developing the standards, MTA agrees to consider the City's desire to broaden the composition of the unit to include professional and supervisory personnel. 26. Jury Duty. Any permanent employee covered herein, when duly called to serve on any jury and when unable to be excused therefrom, shall receive the regular pay less all jury fees received excluding mileage, for the time required to be spent under the jurisdiction of the court. Each employee receiving a notice to report for jury service shall immediately notify his/her immediate supervisor. Whenever daily jury duty scheduling permits, employees shall return to their regular daily job assignment to complete their regular daily work hours. 11 e e 27. Tuition Reimbursement. City will budget annually an amount equal to $10.00 for each permanent line-item employee of the City for tuition and required study material reimbursement for career improvement study approved by authorized management officials. Reimbursement shall equal the total cost of tuition (exclusive of lodging and meals) and the total cost of required study materials, provided however, that: A. The maximum annual amount of reimbursement per individual employee shall not exceed five hundred dollars ($500), subject to the availability of budgeted funds as described above. B. Enrollment in the career improvement study course shall be approved in advance by an authorized management official. C. The study course must be directed to qualification for an employment position represented in the City work force. O. The employee must exhibit some reasonable expectation of qualifying for such position upon successful completion of the study course. E. Reimbursement shall be made only in installments upon successful completion of prescribed units of study required by study course approved. F. In no event shall the City's reimbursement be reduced when there is an outside source of aid except in those cases where the aid from any outside source, ~ the normal City reimbursement, exceeds the cost of tuitTQn and study material for the approved study course. G. If approved tuition reimbursement costs exceed the budgeted amount as described above, the reimbursed costs will be prorated so as not to exceed the budgeted amount. 28. Mileage Reimbursement and Energy Conservation. Reimbursement to permanent employees covered herein for the authorized use of personal automobiles on City business shall be at the rate authorized by the City Council. Reimbursement rates will be considered in preparing budget recommendations at least every two years. To promote energy conservation and the use of mass transit, Santa Monica MuniCipal Bus Line tokens, to a maximum of twenty tokens per month, will be provided to any permanent employee covered herein who submits, on the City mileage reimbursement form, a record of his/her trips (home to worksite or worksite to home) during the preceding month. The Santa Monica Municipal Bus Line 12 - - Route Number and the Bus Number used for each trip must be entered on the mileage reimbursement form. Any permanent employee covered herein who has not been issued a City parking pass, or who voluntarily turns in his or her oarking pass, shall be eligible to receive 40 tokens per month under the terms described above. 29. Promotional Pay Rate. If a permanent employee covered herein is promoted and his or her salary is equal to or greater than the entrance salary of the promotional classification, the employee's salary shall be increased to the next higher salary rate which provides a minimum 5~ salary increase, provided, however, that in no event shall the salary rate exceed the maximum salary rate for the new classification. In the event the promotion is to a supervisory position, the employee promoted shall receive not less than the next higher salary rate which provides a minimum 5$ increase above the highest salary rate being paid to any subordinate, provided, however, that in no event shall the salary rate exceed the maximum salary rate for the new classification. 30. Worker's Compensation Leave. Any permanent employee covered herein who ;s recelvlng disability payments under the "Worker's Compensation Act of California" (for on-the-job injuries sustained while.engaged in the performance of the duties of any such position) shall receive the difference between the disability payments under the Worker's Compensation Act and full salary during the first ninety (90) days of such disability absence without any deduction from accrued sick leave unless such employee claims special benefits under any applicable state law as opposed to the benefit set forth herein. 31. Grievance and Complaint Policy. In the event any grievances~ disputes or disagreements arise concerning matters within the scope of representation of the recognized employee organization~ such grievances, disputes or disagreements shall be resolved as follows: A. Grievances, interpretation be resolved, faith. disputes or disagreements concerning the or application of the terms of this MOU shall if possible, by meeting and conferring in good 13 - e B. Grievances~ disputes or disagreements involving remoYals~ demotions or suspensions shall be resolved as provided by the civil service provisions of the Santa Monica Municipal Code and the City Charter. C. Other grievances~ disputes or disagreements shall be resolved as provided by the civil service provisions of the Santa Monica Municipal Code. Representation by the recognized employee organization shall be limited~ in this class of grievance~ to appearances before the lowest level of supervision not represented by the employee organization~ the Department Head~ Personnel Director~ and the City Manager. D. Any grievance~ disputes~ or disagreements must be raised within 60 days of the event giving rise to the grievance, dispute, or disagreement, or within the time period provided by the City Charter or Santa Monica Municipal Code, whichever time period is shorter. 32. Peaceful Performance of City Service. It is mutually understood and agreed that participation by any employee in a strike or a concerted work stoppage terminates the employment relationship in the absence of specific written waiver of such termination by an authorized management official. A. It is further understood and agreed that none of the parties hereto will participate in or encourage~ assist or condone any strike~ concerted work stoppage~ cessation of work, slow-down~ sit-down~ stay-away, picketing or any other form of interference with or limitation of the peaceful performance of City services. B. In the event that there occurs any strike~ concerted work stoppage~ cessation of work~ slow-down, sitdown, stay-away~ picketing or any other form of interference with or limitation of the peaceful performance of City services, the City, in addition to any other lawful remedies or disciplinary actions, may by action of the City Manager cancel any or all payroll deductions, prohibit the use of bulletin boards, prohibit the use of City facilities, and prohibit access to former work or duty stations. - C. Neither the employee organization, nor any person acting in concert with them, will cause, sanction, or take part in any strike, walk-out~ sit-down~ slow-down, stoppage of work, picketing, retarding of work, abnormal absenteeism, withholding of services~ or any other interference with the normal work routine. The provisions of this article shall apply for the same term a~ this agreement~ or during any renewal or extension thereof. Violation of any provision of 14 e e this MOU by the recognized employee organization shall be cause for the City~ at its sole option~ to terminate this agreement, in addition to whatever other remedies may be to the City at law or in equity. D. The City agrees that there shall be no general lockout of bargaining unit members. 33. Management Leave. The City agrees to grant each permanent employee covered herein with less than f1fteen (15) years of service, four (4) management days off with pay in partial recognition of their managerial and sensitive role in employer-employee relations. A fifth (5th) management leave day shall be granted to all covered employees with fifteen (15) or more years of service. Management days shall be earned in increments effective at the close of each three (3) month period. The fourth and fifth days, shall be earned in the last quarter of the contract year. Payment equivalent to the employee's basic salary not to exceed three (3) management days shall be payable upon request to the employee on the Ist- payday following the end of the contract year. Any remaining unused management days shall be forfeited. 34. Deferred Compensation. Each permanent employee covered herein will be offered participation in the City1s deferred compensation plan. Effective March 1, 1982, the City agrees to contribute to the plan, the amount the participating employee is contributing to the plan on his or her behalf~ but not to exceed fifty-five ($55) dollars per month for any participating employee. Effective January 1, 1983, the City agrees to contribute to the plan, the amount the participating employee 1s contributing to the plan on his or her behalf, but not to exceed fifty ($50) dollars per month per pa~ticipating employee. 35. Performance-Based Increases. It is program provides provides reac hi ng hereby agreed by both parties to this MOU that a compensation that provides for performance-based merit increases management witn an important motivational instrument, and the long term employee with something to strive for after the top of his or her salary range. The City and MfA agree to cooperatively develop Objective performance 15 e e standards for positions covered hereunder and to implement the agreed program effective July It 1982. Among the managerial qualities which could form the basis for such standards are the ability to manage human resourcest financial and material resources, work systems and operationst and informationt contribution to meeting Departmental goals and objectivest creativitYt productivitYt problem solvingt and personal development. The foregoing list is offered only as an example of standards which may evolve from joint development and is not intended to be complete or final. It is hereby agreed by the parties hereto that the following parameters shall, in part, characterize the program: 1. Effective with the payroll period closest to July 1, the minimum salary for positions covered herein shall be set at a rate arrived at by dividing the E-Step salary by 1.20. The rate formerly referred to as E-Step shall henceforth be known as the Control Point. 2. All "steps" shall be abolished upon implementation of the performance-based merit program. 3. Advancement within the range established in 1, above shall be based on performance as measured by the Department Headt using the agreed performance standards. 4. Advancement beyond the 20~ range established in 1, above shall be possible to a maximum of 30t above the entry salary for exceptionally meritorious performance upon recommendation of the Department Head and with the approval of the City Manager. 36. Mental Health Insurance. Effective January 1. 1983, the City agrees to furnish mental health insurance similar to the California Psychological Health Plan (CPHP) for permanent employees covered herein and eligible dependentst at no cost to the employee. 37. Medical/Dental Insurance. Effective January 1, 1982t the City agrees to furnish medical and dental insurance coverage essentially equal to that in effect on December 31, 1981, for permanent employees covered herein and their eligible dependentst at no charge to the employee. 16 e - 38. Term Life Insurance. Effective January 1. 1984, the City agrees to furnish at no cost to the employee a term life insurance plan for permanent employees covered herein, with individual coverage of not less than $25,000. 39. lon9 Term Oisabl,llty rnsurance. Effective on ratification of this MOU and subject to any limitations on timing imposed by the insurer, the City agrees to furnish a long term disability plan for permanent employees covered herein, at no cost to the employee. 40. ~all Back Pay. Should the City call back any permanent employee covered herein before or after his/her normal working hours to perform work, the City shall pay the employee not less than a minimum of two (2) hours of pay regardless of time actually worked as a result of being called back to work to perform services for the City. 41. Individual Adjustments. The parties hereto recognize that the salary for Assistant City Librarian 1n relation to the salary compensation for City Librarian is less advantageous than the differential between other Assistant Department Heads and their Department Heads. Therefore, salary for that classfficatfon will be adjusted to $2439 at the E-step for purposes of computing the negotiated increase effective with the payroll period closest to January 1, 1982. The parties hereto recognize that the mean salary for Recreation Supervisors in other cities similar to Santa Monica is more than 15% higher than the salary paid to City's Recreation Supervisors. Therefore, that classification will be adjusted to $2071 at the E-Step for purposes of computing the negotiated increase effective with the payroll period closest to January 1, 1982. The parties hereto recognize that the salaries for Assistant Building Officer and Supervising Building Inspector have become compacted given recent increases to subordinate staff. Therefore, the Assistant Building Officer classification will be adjusted to $2404 at the E-Step and the Supervising Building Inspector wfll be adjusted to $2290 at the E-Step for purposes of computing the 17 e . negotiated increase effective with the payroll period closest to January 1, 1982. The parties hereto recognize that the addition of the City Hal' Building function and the Santa Monica Pier maintenance staff to the Maintenance Manager's responsibilities should be recognized by adjustment of the E-Step salary for the Maintenance Manager to $3153 for purposes of computing the negotiated increase effective January 1, 1982. 42. Reopener on Benefits. It is hereby agreed that if the City offers a "cafeteria" style benefit plan (one which offers individual employees the opportunity to tailor a paCkage of benefit options within a given dollar amount or percentage of salary) to any bargaining unit prior to the expiration of this agreement, negotiations will be reopened with MTA on the subjects contained in Sections 36. 37, 38, and 39 only. 43. Term of Agreement. This Agreement shall be effective as of the first day of January 1982 and shall remain in full force and effect until the thirty-first day of December, 1984. It shall be automatically renewed from year to year thereafter, unless either party shall notify the other in writing not later than September 1 of the year of expiration that it desires to terminate or modify this Agreement, and specifically indicate requested modifications. In the event that such notice;s given. negotiations shall begin no later than October 15 with a signed MOU desired by December 1. 44 . P a ym en t sat T e r m i n a t ion. When permanent employees covered herein leave the service of the City of Santa Monica they shall be entitled to lump sum payoff of vacation leave and accrued management leave days only. No claim shall be made against the City for the use or payoff of compensatory time or unused sick 1 eave, nor shall the effective date of termination be extended by use of compensatory time, sick leave, vacation or management leave days. 18 e . 45. Overpayment Remedy. Permanent employees covered herein shall reimburse the City for any overpayment of wages or benefits. Said reimbursement shall not be required until the City notifies the affected employee in writing. Reimbursement may be accomplished by a lump-sum deduction made on the next subsequent employee payroll warrant following overpayment notification, or by other reasonable re-payment method mutually acceptable to the employee and the City, except that lump-sum deduction shall be required if the next subsequent employee payroll warrant is the final or termination warrant issued to the affected employee. 46. Salaries. Salaries of permanent employees covered herein shall be on a monthly rate, paid on a biweekly equivalent basis. In lieu of the biweekly 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 biweekly rate by 80. (1) Effective January 1, 1982, the E-Step Salaries for positions covered hereunder shall be increased by ten percent (10~), except that to preserve wage and benefit equity unit-wide, the E-Step salary for Civil Engineer Supervisor shall be increased by three percent (3~), instead of ten percent (10%) to avoid a wage disparity which would otherwise be caused by transfer of this position from another bargaining unit. (2) Effective January 1, 1983, the wage rates herein shall be adjusted by the amount of percentage increase in the revised ( Consumer Prfce Index (for urban wage earners and clerical workers, 1967, equals 100) for Los Angeles, California, published by the U.S. Department of Labor, Bureau of Labor Statistics; provided, however, the said percentage increase shall not be less than five percent (5%) nor greater than nine percent (9~). Said percentage shall be computed on the Consumer Price Index (all items) for October 1981 as compared with October 1982. If, for example, the Consumer Price Index for October 1981 was 150, and for October 1982 was 175, the percentage increase of the CPI would be 16.7% (175 - 150 ~ 150 = 16.67). (3) Effective January 1, 1984, the wage rates herein shall be adjusted by the amount of percentage increase in the revised Consumer Price Index (for urban wage earners and clerical workers, 1967, equals 100) for Los Angeles, California, published by the U.S. Department of Labor, Bureau of labor Statistics; provided, however, the said percentage increase 19 e e shall not be less than five percent (5$) nor greater than nine percent (9%). Said percentage shall be computed on the Consumer Price Index (all items) for October 1982 as compared with October 1983. If~ for example~ the Consumer Price Index for October 1982 was 150 and for October 1983 was 175, the percentage increase of the CPI would be 16.7$ (175 - 150 ; 150 = 16.7). 20 .... . e IN WITNESS WHEREOF~ the parties hereto have caused this Memorandum of Understanding to be executed this 5th day of March , 1982. Management Team Associates Management Officials City of Santa Monica r APPROVED AS TO FORM: by fl.rlWf"-;t \,.-. ~ crty Arlorney () . 21 ~ . . EXHIBIT ~A~ On the effective date of this MOU, positions covered hereunder shall be as follows: Administrative Water Engineer Assistant Building Officer Assistant City Clerk Assistant City Librarian Assistant Director of Transportation Assistant Purchasing Agent Auditorium Operations Supervisor Business Manager Cemetery Superintendent Civil Engineer Supervisor Data Processing Manager Electrical Facilities Supervlsor Enterprises Manager Harbor Captain License & Permit Supervisor Maintenance Manager Mechanical Maintenance Superintendent Park Superintendent Parking and Traffic Engineer Principal Planner Public Facilities Maintenance Coordinator Recreation Superintendent Recreation Supervisor Recycling Coordinator Revenue Manager Sanitation Superintendent Street Maintenance Superintendent Supervising Building Inspector Transit Operations Supervisor Transportation Maintenance Superintendent 22 ~ 4 . . Resolution No. 6448(CC5) waitIng for attached ApplIcatIon for Grant.