R-6449
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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
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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,
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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
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ADOPTED AND APPROVED THIS
2nd
DAY
OF
March
, 1982.
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Ii " {,' ." ( C /'~
rfh ~ fi~-6- (;'_;fP~alZ~.
----'" )1 MAYOR -"..-; /
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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
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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
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MTA
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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
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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
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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
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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
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(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
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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
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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
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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:
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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.
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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
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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.
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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
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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
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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.
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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
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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
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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.
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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
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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.
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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
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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).
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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 () .
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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
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Resolution No. 6448(CC5)
waitIng for attached ApplIcatIon for Grant.