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R-6512 <. ~. , e e ;;> -- RESOLUTION NO. 6512 rCCS) (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 INDIVIDUAL EMPLOYEES OF THE CITY ATTORNEY'S OFFICE WHEREAS, Section 2.~6 of Ordinance 801 (CCS) of the City of Santa Monica requires preparation of a written memorandum of understanding between the administration and employees if an agreement can be reached; and WHEREAS, Section 2.06 of Ordinance 801 (CCS) of the City of Santa Monica further provides that any such memorandum of understanding 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 INDIVIDUAL EMPLOYEES OF THE CITY ATTORNEY'S OFFICE NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: . . e -. SECTION 1: The City Council does hereby approve and authorize the City Manager to execute the memorandum of understanding executed by the INDIVIDUAL EMPLOYEES OF THE CITY ATTORNEY'S OFFICE, 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: ~~.~ City Attorney ~ e e ADOPTED AND APPROVED THIS 6 DAY OF July J 1982. ..., Lfic/( ~jAC/J:au7'P-t; C ' MAYOR ( I HEREBY CERTIFY THAT THE FOREGOING RESOLUTION NO. 65l2(CCS)_WAS DULY ADOPTED BY THE CITY COUNCIL OF THE CITY OF SANTA MONICA AT A MEETING THEREOF HELD ON Julv 6 J 1982 BY THE FOLLOWING COUNCIL VOTE: , AYES: cOUNCILMEMBERS: Conn, Jennings, Press, Zane and Mayor Yannatta Goldway NOES: cOUNcILMEMBERS: None ABSENT: cOUNCILMEMBERS: Edwards and Reed ABSTAIN: CQUNCILMEMBERS: None ATTEST: d /mC11 trl>>fU ~ CITY C ERK e . MEMORANDUM OF UNDERSTANDING BETNEEN CITY OF SANTA MONICA, CALIFORNIA AND INDIVIDUAL EMPLOYEES OF THE CITY ATTORNEY'S OFFICE .- SECTION l. 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. 3l. 32. 33. 34. 35. 36. 37. 38. 39. 40. 4l. 42. 43. 44. e - TABLE OF CONTENTS Parties to Memorandum........................ City Council Approval........................ Full Understanding, Modification and Waiver.. Pu r po s e . . . . . . . . . . . . . . . . . . . . . . . . . Scope of Representation.................. Management Rights Reserved.............. Validity of Memorandum of Understanding. payroll Deductions.. Definitions...... Equal Employment.. Safety............ Captions for Convenience. Reasonable Notice........ Effective Date of pay Increase............ y-Rating................... Overtime.... Retirement....... Paid Holidays.. Vacation Leave. Sic k Le a v e . . . . . Urgent Personal Leave of Military Jury Duty........ Tuition Reimbursement. .. Deferred Co~pensation.. ...... ....... Workers Compensation Leave. ............ Grievance and Complaint Policy... Peaceful Performance of City Services........ Time Off for Negotiations. Mileage Reimbursement.. Medical Insurance....... Call Back Maternity and Bereavement Professional State Disability Insurance. Employee Parking............... Bilingual Compensation.. Performance Evaluations......... Salaries............ Overpayment Remedy..... Successo rs. . . . . . . . . Term of Agreement.. Le ave. Absence Without Leave. Pay. Pa y 'III . .. . . . . .. . . Paternity Leave. Le ave. . . . . . . . . . . Leave............ . . .. . . . . . . .+ PAGE 1 1 1 1 2 2 2 3 3 5 5 5 5 5 5 6 6 7 8 8 9 9 9 10 10 11 11 11 12 13 13 13 13 14 14 14 14 15 15 15 15 17 18 18 e e 1. Parties to Memorandum. This Memorandum of Understanding (MOU) has been prepared pursuant to the terms of Ordinance 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 Individual Employees of the City Attorney's Office signatory hereto who occupy the line-item full-time employment position classifications set forth in Article 41. Any additional non-attorney position in the City Attorney's office shall be subject to this MOU. 2. city Council Approval. It is, however, the mutual understanding of all the parties hereto that such Memorandum of Understanding is of no force or effect whatsoever unless or until ratified and approved by the City of San ta Monica. 3. Full Understanding, Modification and Waiver. The parties agree that each has had full and unrestricted right and opportunity to make, advance, and discuss all matters properly within the scope of representation as outlined in Section 2.05 of Ordinance 801. This MOV constitutes the full and complete agreement of the parties and there are no others, oral or written, except as specified in this agreement. 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 801. 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 hereunder; 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 covered hereunder. .- 1 e e 5. Scope of Representation. The scope of representation of the Individual Employees 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 any service or activity provided by law or executive order and shall be exercised or performed in compliance with the provisions of Ordinance 801 (CCS). 6. Management Rights Reserved. The City retains all rights not specifically delegated by this agreement, including, but not limited to the exclusive right to: direct, supervise, hire, promote, suspend, discipline, discharge, transfer, assign, schedule, and retain employees; relieve employees from duties because of lack of work or funds, or under conditions where continued work would be inefficient or nonproductive; determine services to be rendered, operations to be performed, utilization of technology, and overall budgetary matters; determine the appropriate job classifications and personnel by which government operations are to be conducted; - determine the overall mission of the unit of government; maintain and improve government operations; the efficiency and effectiveness of take any necessary actions to carry out the mission of an agency in situations of emergency; and take whatever other actions wishes of the public not collective agreement. may be necessary to carry out the otherwise specified above or by Any grievance with respect to the reasonableness of the application of the above Management Rights shall be subject to the grievance procedure contained in Article 28 (A) herein. 7. validity of Memorandum of Understanding~ If any illegal provision of this MQU is determined to be invalid or by a court of competent jurisdiction, then such provision 2 e e shall be severed from this MOU, but the remainder hereof shall remain in full force and effect. The parties hereto shall immediately commence to, in good faith, 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 which would be applicable and contrary to any provision herein contained, then such provision of this MOU shal1 be automatically terminated, but the remainder of this MOU shall remain in full force and effect. Such legislation andl or rules and regulations shall supersede this MOU and applicable clauses sha11 be substituted for those ruled invalid or illega1. The parties hereto shall immediately commence to negotiate for the purpose of replacing any such invalid or illegal provision. 8. Payroll ~~ductions. It is mutually understood and agreed that the City will, subject to the provisions of Ordinance 801 (CCS) and during the term of this MOU, deduct monthly and remit to the office or officer designated in the employee payroll deduction authorization any 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 comply with the provisions of this MOU. 9 . De fin i t ion s . The following definitions are to be applied to the interpretation of thi s MOU: A. "Salary Range" shall mean the hourly or monthly pay scale (and the bi-weekly equivalent) assigned to each employment position classIfication covered hereunder. B. "Nearest Dollar" shall mean the next lower dollar in a monthly rate when the computed amount is 50 cents or less and the next higher dollar when the computed amount is 51 cents or more. C. "Line Item Position" shal1 mean 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 fringe benefits in proportion to the percentage of the full-time work week. 3 e e D. "Permanent Employees" shall mean: (1) A person who is legally an incumbent of a line- item position, full or part time; or (2) A former legal incumbent of a line-item position on authorized leave of absence from a regularly budgeted position which position is held pending the employee's return. E. !IDa te of Entrance Anniversary" shall mean the date wh ich recurs annually after the date of entry into a line-item position in the classified service of the City of Santa Monica, either by original employment, reemployment or promotion. The date of entrance for employees with broken service shall be considered as that date on which the last unbroken service was effective. F. "Satisfactory Service" shall mean the attainment of an Overall Performance Rating of not less than "Satisfactory" on the performance report immediately preceding the employee's date of entrance anniversary. G. "Hours of Work": The full-time work week shal1 be defined as forty (40) 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 compensation for full-time employment as the number of hours budgeted for that position bears to the full-time work week; incumbents of line-item positions employed in a work week greater than that defined herein shall be compensated for hours in excess of the full-time work week on the basis of and in accordance with the provisions of Article 16 hereof relating to overtime. (2) Incumbents of line-item positions regularly working less than the full-time work week shall accrue paid leave benefits in the same ratio as the average number of hours they work per week is to the fu11-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 Status" shall mean regularly assigned work hours actually performed. In addition, pay status shall also specifically include pay for time not worked such as sick leave, vacation, holidays, and ju~y duty. 4 e e 10. ~qual Employmen~ It is agreed by the parties to this MOU that they will fully comply with all applicable local, State and Federal laws, rules and regulations governing equal employment opportunity. The Affirmative Action Program and the Sexual Harrassment Policy of the CIty of Santa Monica are affirmed by the parties to this MOU and incorporated by reference herein. 11. Safet~ The City shall provide a reasonably safe and healthy working environment in accordance with applicable State and Federal laws and regulations. The employees covered hereunder agree that where safety devices or items of protective equipment are required or furnished, their use shall be mandatory. 12. ~ap~~ons for Convenience. The captions herein are for convenience only and are not a part of the MOU and do not in any way limit, define, or amplify the terms and provisions hereof. 13. Reasonable Notice. It is mutually understood and agreed that a copy (via the United States Postal Service) of the City Council and/or Personnel Board agenda for each meeting mailed to the authorized representative of the employees covered hereunder shall constitute reasonable written notice, and notice of an opportunity to meet with such agencies, on all matters within the scope of representation upon which the City Councilor Personnel Board may act. 14. Ef feeti ve Da te of .pay rnc rease. Notwithstanding any other provision contained herein, changes in salary rates and salary related benefit changes shall become effective on the first day of the payroll period closest to the effective date stated herein (for example, the July 1, 1982 increase shall be effective with the payroll period commencing June 27, 1982). 15. Y-Ratin9. When a personnel reclassification, employee's salary action, e.g.: demotion due to layoff or results in the lowering of the incumbent iange, the incumbent employee's salary may be 5 e e Y-rated. nY-rated" shall mean the maintenance of the incumbent 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 Y-rate salary. 16. Overtime. Overtime shall mean work by employees occupying regularly authorized line-item positions in any employment position classification covered herein in excess of eight hours in one day or forty (40) hours in one week, provided such hours of work have had the prior approval of an authorized departmental management official. All authorized overtime shall be compensated for by cash payment based upon one and one-half (1 1/2) times the hourly rate equivalent of the employee's monthly salary computed to the nearest one-tenth of an hour, except that an authorized departmental management official may grant compensatory time off at the rate of one and one-half (1 1/2) hours off for such overtime to a maximum of forty (40) hours in any fiscal year. Such compensatory time off must be taken off during the fiscal year in which it is earned or during the first quarter of the succeeding fiscal year or it is forfeited without any payment or compensation. Compensatory time currently on the books at of this agreement shall not be affected section. Every effort should be made to banks over the term of this contract. the time of execution by the terms of this reduce these existing 17. Retirement. The City is a contract member of the Public Employee's Retirement System, and it is understood and agreed that such membership will be maintained and that employee eligibility, classification contributions, and benefits are as prescribed in the contract between the City and the Public Employee's Retirement System heretofore approved by the Santa Monica City Council. The City shall pay on behalf of each employee covered by this agreement an amount equal to one hundred percent (1~0%) of the individual employee's share of the required retirement contributions to PERS (i.e., 7% of the employee's "compensation" as defined by law). 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 paymentsi as a result, the City wil} not treat these payments as ordinary income 6 . . and thus, will not withhold federal or state income tax therefrom. The City's p~actice will be to report these payments as being those of the employees so that they will be credited to the 8articular employee's individual account with PERS and upon termination will belong to the employee. It is agreed that if state and/or federal procedures require reporting of these payments in any other manner, the parties will abide by such requirements. 18. Paid Holidays. Employees covered hereunder shal1 receive paid holidays as hereinafter provided: New Year's Day....................January 1 Martin Luther King's Birthday.........................January 15 Lincoln's Birthday................February 12 Washington's Birthday.............Third Monday in February Memorial Day......................Last Monday in May Independence Day..................July 4 Labor Day.........................First Monday in September Thanksgiving Day..................Fourth Thursday in November The Friday Following Thanksgiving The half day immediately before Christmas Day Christmas Day.....................December 2S The half day immediately before New Yearts Day One (1) floating holiday All other holidays declared by City Council Whenever any day llsted 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. Employees in departments or divisions observing different holiday schedules shall, in lieu of the holidays listed above, receive holidays enjoyed by other operating employees in that particular department or division, provided however, that the same number of holidays (12 days) shall be observed. 7 e . 19. Vacation Leave. Employees covered hereunder 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 (5) completed years of service, one (l) working day for each completed calendar month of service. (C) Thereafter, up to and including ten (10) completed years of service, one and one quarter (1.25) working days for each completed month of service. (D) Upon completion of ten years of service and thereafter, one and one-half (1 1/2) working days for each completed calendar month of service. (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 Monica Municipal Code except that maximum accrual of vacation shall be forty (40) days. 20. Sick Leave. Employees covered herein shall accrue six (6) days of sick leave following six (6) months of continuous service. Thereafter, up to and includlng ten (10) completed years of service, one day shall be accrued for each completed calendar month of service. Upon completion of ten years of service and thereafter, two (2) days shall be accrued for each completed calendar month of service. There shall be no lImit of the number of days accrued except as provided below. Employees covered herein shal1 be limited to a maximum accrual of one hundred thirty days (139) during the term of this MOU if they elect at any time during the term of this MOU to be paid for the difference between days taken during the contract year and the value of unused sick leave to a maximum of six (6) days. Such payment shall be prorated only for employees taking service retirement during the contract year or for new employees on the payroll as of June 30 of any covered contract year. Payment under the program described above shall be available only after the e~ployee accrues six (6) days of unused sick leave, which must be ~- 8 e . maintained as a minimum sick leave "bank" in order to receive payment in subsequent years. This provision is subject to modification as affected by amendment to Article 37 (SDI) herein. 21. Urgent Personal Leave. One (1) day of sick leave each fiscal year may be used for urgent personal matters that could not be postponed to a subsequent time. This leave shall be charged against accrued sick leave, if any. This leave shall be granted in units of not less than two (2) hours, and only if accrued sick leave is available. This leave shall not be accruable from year to year if not used in any given year. 22. Leave of Absence Without Pay. An employee 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 year's 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 employee's record of sGrvice and qualifications make it desirable for the City to retain his/her services even at the cost of some inconvenience to the City. 23. Military Leave. An employee with a permanent civil service status, 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 his/her 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 .... 9 e e 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 state law. 24. _Jury Duty. Employees covered hereunder, when duly called to serve on any jury and when unable to be excused therefrom, shall receive the regular base compensation less all jury fees 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. 25. Tuition Reimbursement. It is agreed that the City will budget annually an amount equal to $10.00 per employee in the appropriate unit for tuition and required study material for career improvement study approved by authorized management officials. Payment shall equal the total cost of tuition (exclusive of lodging and meals) and the total cost of required study materials, provided however, that: (A) Enrollment in the career improvement study course shall be approved in advance by an authorized management official; (8) The study course must be directed to qualification for employment position represented in the City work force; (C) The employee must exhibit some reasonable expectation of qualifying for such position upon successful completion of the study course; (D) Reimbursement shall be made only successful completion of prescribed by study course approved; and in installments upon units of study required (E) 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 the outside source{s) plus the normal City reimbursement exceeds the cost of tuition and study material for the approved study course. {F} If approved tuition reimbursement costs exceed the budgeted amount as described above, the costs wil1 be prorated so as not to exceed the budgeted amount~ r 10 e . (G) The maximum annual amount of reimbursement per individual employee shall not exceed five hundred dollars ($500.00). 26. Deferred Compensation. It is hereby agreed that employees covered herein will be offered participation in the City's deferred compensation plan. The City will contribute to the plan the amount the participating employee is contributing to the plan on his or her behalf, but in no event shall said amount exceed twenty-five dollars ($25.00) per month per participating employee. 27. Workers Compensation Leave. Any employee occupying an employment classification covered herein shall be eligible to receive disability payments under the Worker's Compensation Act of California. After the first day of disability payment under said Act, the employee shall receive the difference between the disability payments under the Worker's Compensation Act and full salary for the first ninety (90) days of such disability absence. 28. Gr ievance and Complaint ,Pol icy. 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, disputes or disagreements conerning the interpretation or application of the terms of this MOU shall be resolved, if possible, by meeting and conferring in good faith. If unresolved by such meetings the parties shall consider submitting such issues to mediation as provided by Ordinance eel (CCS). In the absence of agreement to mediate or failure of mediation, or arbitration by mutual consent, the issue shall be resolved by an action in a court of competent jurisdiction on motion by either party. (B) Grievances, disputes or disagreements involving removals, demotions or suspensions shall be resolved as provided by the provisions of the Santa Monica Municipal Code and the City Charter. .... 11 e e ee) Other grievances, disputes or disagreements shall be resolved as provided by the provisions of the Santa Monica Municipal Code. 29. Peaceful Performance of City Services. 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, illegal picketing or any other illegal form of interference with or limitation of the peaceful performance of City services. (8) In the event that there occurs any strike, concerted work stoppage, cessation of work, slow-down, sit-down, stay-away, illegal picketing or any other illegal 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) The protection of the public health, safety and welfare demands that neither the employees nor any person acting in concert with them, will cause, sanction, or take part in any strike, walkout, sitdown, slowdown, stoppage of work, illegal picketing, retarding of work abnormal absenteeism, withholding of services, or any other illegal interference with the normal work routine. The provisions of this article shal1 apply for the same term as this agreement, or during any renewal or extension thereof. Violation of any provision of this MOU by the parties shall be cause to terminate this agreement, in addition to whatever other remedies may be available at law or in equity. (D) The City agrees that there shall be no general lockout of employees covered hereunder~ The parties agree to exercise good faith in complying with all the terms and conditions of this MOil. .. 12 e . 30. Time Off for Negotiations. Individuals covered hereunder shall be afforded reasonable time off with pay to conduct negotiations. The authorized representative must receive prior permission from the City Attorney to use such time. 31. Mileage Reimbursement and Ener9Y Conservation. Reimbursement to employees for authorized use of personal automobiles on City business shall be at the rate established by the City Council. Santa Monica Municipal Bus Line tokens, to a maximum of twenty tokens per month, will be provided to any employee covered hereunder 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 Route Number and the Bus Number used for each trip must be entered on mileage reimbursement form. Any employee who has not been issued a City parking pass, or who voluntarily turns in his or her parking pass, shall be eligible to receive 40 tokens per month under the terms described above. 32. Medical Insurance. The City shall provide fee-far-service and group medical and dental plans and pay premiums for employees covered hereunder and their eligible dependents, at no cost to the employee or dependent for the life of this agreement. All such health service programs shall contain benefits essentially equal to or better than plans offered in December 31, 1981. 33. Call Back Pay. Should the City call back any full-time employee before or after his/her normal working hours to perform work, the City shall credit the employee not less than a minimum of two hours of time, regardless of time actually worked as a result of being called back to work to perform services for the City. 13 - ; j e e 34. M~ternity and paternity Leave. Maternity benefits shall be greater than or equal to those rights guaranteed under State or Federal law, whichever offers greater benefits. Accrued vacation leave, sick leave, and compensatory time shall be made available to male employees for paternity leave during the first 45 days following birth. Additional unpaid leave may be requested under Article 22 hereof. 35. Bereavement Leave. Bereavement leave not exceeding five (5) working days with pay shall be granted to employees covered herein due to death of a member of the employee's immediate family. Immediate family shall mean spouse, child, brother, sister, parent, parent-in-law, grandparent, step-parent, step-brother, step-sister or any other relative living in the same household. 36. Professional Leave. As recognition of the lack of civil service protection afforded to employees covered hereunder, the City agrees to grant to each employee who maintains overall performance ratings of satisfactory or better, four (4) Professional Leave days off with pay per contract year. professional Leave days shall be earned in increments of one day effective at the close of each three (3) month period. New employees may not take their first day until the second performance rating has been given with a rating of SATISFACTORY 0 r better. Payment equivalent to the empl~oyee' s basic salary not to exceed the equivalent of four {4) days shall be payable to the employee, upon request, for days unused within six (6) months from the end of the contract year in which they are earned. Any remaining unused days shall be forfeited. 37. State Disability Insurance. The City will commence participation in the State Disability Insurance Program no later than July 31, 1982, for employees covered hereunder. It is mutually agreed that a plan for integration of sick leave with this benefit will be developed and agreed to by the parties within three months after the ratification of this MOU. Such plan should include, at minimum, consideration of an SO! offset of sick leave during a qualifying disability. 14 . e 38. Employee Parking,. The City will make every effort to maintain free parking as it presently exists for City employees at City facilities. Should the City decide to charge for employee parking or to move employee parking during the term of this MOU, the parties hereto agree to reopen negotiations on this article only. 39. Bilingual Compensation. Employees covered hereunder whose job duties regularly involve the use of Spanish and/or Asian languages to serve the public, and whose proficiency in those languages is of use to the City Attorney's office, shall receive a monthly bonus of thirty-five dollars ($35.00). 4~. Performance Evaluations. The City Attorney employees covered subsequent to the following schedule: (A) Once at the conclusion of the first three (3) months of employment. shall evaluate in writing the performance of hereunder, and all new employees hired effective date of this Agreement, on the (B) Once at the conclusion of the first six (6) months of employment. (C) Once at the conclusion of the first year of employment. (D) Once every year thereafter. (E) Whenever an employee's performance substantially declines. 41. Sa 1 a r i e s . Salaries of employees in line-item positions 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 Attorney 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. 15 e e A. July 1, 1982 Salary Adjustment: Effective July signatory hereto the salary for section. 1, 1982, the salary of each of the employees shall be adjusted upward by 4%, except that Elsie Lewis shall not be adjusted by this B. Salary Ranges: The salary ranges for positions covered by this MOU shall be as follows, effective July 1, 1982: Legal secretary $1255 - 1758 $l600 - 2183 $1768 - 2225 $1916 - 2518 $1183 - 2020 Legal Assistant Consumer Affairs Specialist supervisor of Claims Office Administrator The salary ranges shall be adjusted on July 1, 1983, July 1, 1984, and July 1, 1985 in accordance with paragraph E below. The City Attorney may hire employees at a salary higher than nEntry Level" based on the experience of the individual. In exercising his/her discretion, the City Attorney will consider all re1event factors, including but not limited to, length of experience, public sector experience, experience within the particular field (e.g. criminal, civil litigation, land use, administrative and supervisory experience. Salaries above entrance level should be based upon increments of 5-7% and shall not exceed the maximum salary provided for in this section. C. Merit Increases within Salary Ranges: Advancement within the range after hire shall be based on performance as determined by the City Attorney. Subject to the maximum salary range established herein, employees covered hereunder shall receive, on the date of entrance anniversary, annual sequential step increases of 5% for overall Satisfactory performance, 6% for overall Above Average performance, and 7% for overall outstanding performance ratings on the review that coincides with the anniversary date of the employee, unless the City Attorney specifies otherwise, in writing, with a statement of reasons. This notification shall be delivered at least sixty (60) days in advance of the denial of the scheduled annual step increase. .- 16 . . O. Merit pay for Employees at Maximum of Range: An employee who has reached the maximum salary for his/her position and whose most recent performance rating is overall ABOVE AVERAGE or better shall be eligible for an annual cash payment of three (3) percent, based on the city Attorney's assessment of the individual in the preceding year. For an OVerall OUTSTANDING rating, an employee shall be eligible for a five (5) percent cash payment, based on the City Attorney's assessment of the individual in the preceding year. Said payments shall not be considered base salary in computing subsequent salary adjustments, but are subject to PERS contributions. The bonus payment, if any, shall be made within thirty days of the end of the fiscal year, and shall be based on the salary in effect on the last day of the fiscal year for which the bonus is paid. E. Cost of Living Adjustments: Effective July 1, 1983, July 1, 1984, and July l, 1985, the salaries of employees covered herein shall be adjusted by the amount of percentage increase in the revised Consumer price Index (Urban Wage Earners and Clerical Workers, 1967=100) for Los Angeles, published by the U.S. Dept. of Labor, Bureau of Labor Statistics, (Hereafter, CPI); provided, however I that percentage increase shall not be less than 5% nor greater than 9%. Said adjustment for July 1983 shall be based on the cpr for the year ending April 1982 compared with the cpr for the year ending April 1983. The adjustment for subsequent years shall be computed using the same April to April period for the immediately preceding year. If, for example, the CPI for April 1982 was 150, and for April 1983 was 175, the percentage adjustment would be 16.7% (25 divided by 150 = .1667). 42. Overpayment Remedy~ Employees covered hereunder shall reimburse the City any overpayments 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 , :~~ -.fe-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. ~_.... Jr ~_T" ~~" --!. .... -. ~ , - ... ~- .. ; 17 ---- - - ~- -- - - ------'--'" - ------~- - -------_.._+-.-~--- - - - - .. e e ~ 43. successors ~ ~ .- Any person hired to a permanent position in the City Attorney's office similar to those covered herein shall become a party to this MOU. ~ o i 44. Term of A9reement. This agreement shall be effective as of the 1st day of July 1982 and shall remain in full force and effect until June 30, 1986. It shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing not later than March 1st of 1986 and of each subsequent year that it desires to terminate or modify this agreement, and specifically indicate requested modifications. In the event that such notice is given, negotiations shall begin no later than April 15th with a signed contract desired by July 1st. -~.;. ~ , < , :;-~ , , --- ~ o;..;-~- .. ~c;. ~~.;-- "'- r,!!-,.::_ .-~- .....-.~..-~ .--0..:':: .~r - _~ ~-~ , ~ -~ ~ -t."..,.; .j...:. ~ ;,~ ~-o'~ -....- ~ -:t"';. -.11 _-... ~_ . ...-: . J~ .~ - ..;...-.- 18 ~ ': :' " _.:.':~,. # -' ~:J..-:"" of ~ e e WITNESS WHEREOF, the parties hereto have caused this Memorandum UndArstanding to be executed this _ Y'1'Z<<.. day of ..d<Ufkj' _' 1982. IN of INDIVIDUAL EMPLOYEES OF THE CITY ATTORNEY.S OFFICE o~ UJ~&fh' /;Pa.v0 .,fJ, 4 ~ /' - fl_ _'"VC;(f-U"- '-;Ifft~'" . / o~~4;~~ -J . ~~_j 8v; .~~h y~~ f) &fi~_ kd-v,<J f~, ~/vf'~- 0., ~~ ;; /j. -. - l _ 1,tJ /2/)(u 5'1~ - I . ar .- _},J~/ ~~~ ~txkd ~hJ c:tjj~ ~- ~7 ;t~ .. -- --I- -~'" ~ ~ .. . .-. r - - - ...__ f'~' ~ ... -"" "'..- ....- -.."""'" ~... ~i!. 4'i r &-..~ ~~~-~:~_~f-~-~ ~---~;~-- ~~.. ~ ~.- MANAGEMENT OFFICIALS CITY OF SANTA MONICA ~~ UCi ty Manager V , ",.. APPROVED AS TO FORM: __n,.(rwt M.~ - '. 0'_-'- - .'- :'; R<?bert M. Myers _ _.o'-GT.-'-'.s;:.~-.-:.~...:';- .;>-Cc ~~~ Cl ty Attorney - T~'- \-."'''-'; ];I ~ -' A ~ , "t- o _~.-_ . ~a- ... - ........!~ _. ~:.~ ~~~ ~:.E -_ .t-....:"'- .~-:;, ::~o:..~""_~ . .- :~ ..:.. .... 19 . --:iLi:~~ --~~-~~ ~ .-.... ~~- -~.....