Loading...
R-6505 .. - e e .7 ~ 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 e - ADOPTED AND APPROVED THIS 22nd DAY OF June , 1982. rAfz- 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: (} / CjrU C v 11 II ( r /J}t,'Y11 P r ~, { uJ!. '-1 '-- t CITY C ERK r 0 ( " .. . 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. . - 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. e e 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. . e 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