R-6529
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RESOLUTION NO.
6529(cCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AMENDMENT TO THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
AND INDIVIDUAL MANAGEMENT EMPLOYEES
WHEREAS, it is the mutual desire of the City of Santa Monica and the
individuals signatory to the "Memorandum of Understanding Between
City of Santa Monica, California and Individual Management Employees"
to amend said Memorandum of Understanding;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
RESOLVE AS FOLLOWS:
SECTION 1: Resolution No. 6505 (CCS) is repealed.
SECTION 2: The City Council does hereby approve and authorize the
City Manager to execute the amendment to the Memorandum of Under-
standing with individual management employees which is attached
hereto.
SECTION 3, 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:
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City Attorney
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AGREEMENT
THIS AGREEMENT entered into this
and between the CITY OF SANTA MONICA, a
(hereinafter "CITY"), and the Ind iv id ual
hereto (hereinafter "Employees"), is made
followlng:
day of July, 1982, by
municipal corporation
Employee 8ig na to r ies
with reference to the
RECITALS
A. The City and Employees entered into a memorandum of
understanding on August 13, 198~, entitled "Memorandum of
Understanding between City of Santa Monica, California and
Individual Management Employees" (hereinafter "MOU").
B. It is the mutual desire of City and Employees to amend
certain terms of the MOV.
NOW THEREFORE, it is mutually agreed by and between City and
Employees as follows:
1. On and after July 1, 1982, Section 15, U Ef fect of Job
Performance on Salary" is amended to read as follows:
16. Performance Based Compensation
The City Manager shall evaluate the performance of employees
covered herein annually. The evaluation shall be made no later
than 15 days following the end of any fiscal year commencing with
the 1981-82 flscal year. Said evaluation shall include an
assessment of general management skills and specific
accomplishments of each individual employee. The City Manager
shall meet with each individual employee to discuss the
eval ua tion.
When, in the opinion of the City Manager, the capabilities
and accomplishments of an individual employee have been
exceptionally meritorious, a cash payment of one percent (1%) to
ten percent (10%) of that employee's annual salary on June 30 of
the fiscal year for which performance is being evaluated shall be
made. The bonus shall be paid no later than 3~ days following the
date of the evaluation. Said payments shall be regarded as one
time bonuses and shall not become part of the employee's base
salary. Said payments are subject to retirement contributions.
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A merit pool not to exceed 4% of the base salaries of the
individual signatories shall be established annually from which
any and all said payments shall be made. Nothing herein shall be
construed as requiring that all pooled funds be distributed in any
year.
If, in the opinion of the City Manager, no cash payment is
warranted by an employee1s performance, the employee shall have
the opportunity to present, within ten days of notification that
no payment is due, additional information that might alter the
City Manager's decision. The decision of the City Manager, after
consideration of any such additional information, shall be final
and no appeal may be taken therefrom.
It is expressly understood and agreed by the parties hereto
that the performance-based payments described in this section do
not constitute a generally granted increase under section 1110 of
the City Charter and Section 2l05E of the Municipal Code, and that
denial of such payments does not constitute a demotion.
2. On and after July 1, 1982, "EXHIBIT A", (5) is amended to
read as follows:
"EXHIBIT An
(5) Effective July 1, 1982, individual employees covered herein
shall be entitled to a choice of one of the following options:
(a) Adjustment of the employee's wage rate as provided in
paragraph three (3) above except the CPI comparison shall be
for April 1981 compared with April 1982.
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(b) Payment on behalf of the employee of one hundred percent
(100%) of the individual employee's share of the required
retirement contributions to the Public Employee's Retirement
systems (PERS), (seven percent (7%) of the employee1s
"compensation" as defined by the Public Employee1s Retirement
Law, Government Code Section 20000 et seq.) 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 anq
thus, will not withhold federal or state income tax
therefrom. The City's practice will be to report these
payments as being those of the employees so that they will be
credited to the particular employee's individual account with
PERS.
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It is agreed that if state and/or federal procedures require
reporting of these payments in any other manner, the parties
will abide by such requirements.
Employees covered herein shall make known their choice of option,
in writing to the Director of Personnel, no later than June 27,
1982~
3. Except as expressly modified herein, all other terms and
covenants set forth in the MOli shall remain the same and shall be
in full force and effect.
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IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed on the day and year first above written.
APPROVED AS TO FORM
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Rd,bert M. Myers '
Cfty Attorney
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ector of Civic~~~um
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irector of Transportation
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V'rl..y E~':ll neer
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ar:-ecto(/'y Planning
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Bui Id ing Of freer
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Director of Recreation & Parks
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CITY OF SANTA MONICA
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H~ Alschuler, JV
Manage r
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~~eneral Services
Director of purchasing
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City Librarian . YJ
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ASslstant lty Manager
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W'ice Chief
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Fire Chief .
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ADOPTED AND APPROVED THIS
29th
DAY
OF
.June
, 1982.
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LC{l,Z: vd~/)~ ;,/~trffiu'ar
MAYOR" /
I HEREBY CERTIFY THAT THE FOREGOING RESOLUTION
NO. 6529(CCS)_WAS DULY ADOPTED BY THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AT A MEETING THEREOF HELD ON
June 29
t 1982 BY THE FOLLOWING COUNCIL VOTE:
AYES:
COUNCILMEMBERS: Jennings, Press, Reed, Zane and
Mavor Yannattfr Go1dwav
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NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: Conn, Edwards
ABSTAIN:
COUNCILMEMBERS: None
ATTEST:
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(j CITY CLERK