R-6512
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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:
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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 ~
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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
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MEMORANDUM OF UNDERSTANDING
BETNEEN
CITY OF SANTA MONICA, CALIFORNIA
AND
INDIVIDUAL EMPLOYEES OF THE
CITY ATTORNEY'S OFFICE
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SECTION
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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............
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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.
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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;
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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
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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.
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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.
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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
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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
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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.
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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
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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
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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~
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(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.
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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.
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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.
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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.
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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.
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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.
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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.
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43. successors
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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.
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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.
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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
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MANAGEMENT OFFICIALS
CITY OF SANTA MONICA
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UCi ty Manager V
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APPROVED AS TO FORM:
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R<?bert M. Myers _ _.o'-GT.-'-'.s;:.~-.-:.~...:';- .;>-Cc ~~~
Cl ty Attorney - T~'- \-."'''-'; ];I
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