R-6505
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RESOLUTION NO. 6505 (CCS)
(City Counc~l 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 C~ty of Santa
Monica and the individual signatory to the "Memorandum of Under-
Standing between City of Santa Monica, California and Individual
Management Employees" to amend said Uemorandum of Understanding:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOHS:
Section 1 The City Council does hereby approve and author-
ize the City Manager to execute the memorandum of understanding
executed by the individual management employees signatory thereto,
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
~k.~
Robert M. Myers ()
C~ty Attorney
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ADOPTED AND APPROVED THIS
22nd
DAY
OF June
, 1982.
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I HEREBY CERTIFY THAT THE FOREGOING RESOLUTION
NO. 6505(CCS)_WAS DULY ADOPTED BY THE CITY COUNCIL OF THE
CITY OF SANTA MONICA fiT A MEETING THEREOF HELD ON
June 22
, 1982 BY THE FOllOWING COUNCIL VOTE:
AYES:
COUNCILMEMBERS: Conn, Jennlngs, Press, Zane and
Mayor Yannatta Goldway
NOES:
cOUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: Edwards and Reed
ABSTAIN:
COUNCILMEMBERS: None
ATTEST:
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AGREEMENT
THIS AGREEMENT entered into this day of June, 1982,
by and between the CITY OF SANTA MONICA, a municipal corporat~on
(hereinafter "CITyll) and the Individual Employee Signatories
hereto (hereinafter "Employees"), is made with reference to the
following'
RECITALS
A. The City and Employees entered into a memorandum of
understanding on August 13, 1980, entitled "Memorandum of Under-
standing between City of Santa Monica, California and Individual
Management Employeeslt (hereinafter IIMOD").
B. It is the mutual desire of City and Employees to amend
certain terms of the MOU.
NOW, THEREFORE, it is mutually agreed by and between City
and Employees as follows
1. On and after July 1, 1982, Section 15, "Effect 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 near the end of each fiscal 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
evaluation
When, in the op~n~on 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 shall be made to the employee in
the pay period following July 1 of the succeeding fiscal year 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
retirment contr~butions.
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.
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If, in the oplnlon of the City Manager, no cash payment is
warranted by an employee's 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 lll~ of
the City Charter and Section 21~5E of the Municipal Code, and that
denial of such payments does not constitute a demotion.
2. On and after July 1, 1982, "EXHIBIT An, (5) is amended to
read as follows:
"EXHIBIT A"
(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.
(b) Payment on behalf of the employee of one hundred percent
(l~~%) of the individual employee's share of the required
retirement contributions to the Public Employee's Retirement
Systems (PERS), (seven percent (7%) of the employee's
"compensation" as defined by the Public Employee's Retirement
Law, Government Code Section 20000 et seq.) These payments
are not lncreases 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 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.
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.
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3. Except as expressly modified herein, all other terms and
covenants set forth in the MOU 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
CITY OF SANTA MONICA
(l,rl~ \-.. ~
Robert M. Myers U
City Attorney
John H. Alschuler, Jr.
Ci ty Manager
Director of Civic Auditorium
Director of General Services
Director of Transportation
Director of Purchasing
City Engineer
City Librarian
Director of Planning
Assistant City Manager
Bui ld ing Of f icer
~(~Chie? ~
Director of Recreation & Parks
Fire Chief