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R-6504 e . '-i RESOLUTION NO. 6504(CCS) (Clty Council Serles) 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 SUPERVISORY TEAM ASSOCIATES,(STA/MEA) WHEREAS, Sectlon 2.06 of Ordinance 801 (CCS) of the City of Santa Monlca requires preparatlon of a written memorandum of understanding between the administratlon and recognized employee a s so cia t ion s i fan a g r e em e n t can b ere a c he d; 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 de term i n a t ion; and WHEREAS, the purpose of this memorandum of understanding is to promote and provide harmonious relations, cooperation and understanding between the City and members of the SUPERVISORY TEAM ASSOCIATES,(STAjMEA); 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 representative of the SUPERVISORY TEAM ASSOCIATES,(STAjMEA). 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: n.mwt '-. (r- ei ty Attorney e . ADOPTED AND APPROVED THIS 22nd DAY OF June , 1982. delL I HEREBY CERTIFY THAT THE FOREGOING RESOLUTION NO. 6504(CCS) _WAS DULY ADOPTED BY THE CITY COUNCIL OF THE CITY OF SANTA MONICA AT A MEETING THEREOF HELD ON June 22 t 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: COUNCILMEMBERS: ~one ATTEST: (/ / L) } 1 (' l; r1~ ~1UJI ~ I" ~ ) r, t.fA '- CITY CLERK ~rI ~ ,L e . MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SANTA MONICA. CALIFORNIA AND SUPERVISORY TEAM ASSOCIATES MUNICIPAL EMPLOYEES ASSOCIATION (STA/MEA) SECTION 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 2l. 22. 23. 24. 25. 26. 27. 28. 29. 3 O. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. e . TABLE OF CONTENTS Parties to Memorandum............................. City Co un c i 1 Ap pro val. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Full Understanding. Modlflcation and Walver....... Pu rpo 5 e. . . . . . . .. . . .. . .. . .. . . .. . . . . . . . . . . .. . . . .. .. " .. . . . .. " , . Recognized Employee Association Name.............. Scope of Representation........................... Management Rlghts Reserved........................ Validity of Memorandum of Understandlng........... Pay r 011 0 e due t ; on s. . .. .. . . . .. .. . . III .. " . . . . .. . . .. .. . .. . . . . .. . . De f 1 nit ion s. . . . .. . . . . .. .. . . . " . . .. . .. " . . . . .. . . . . . .. . . . .. .. . . Eq u alE mp 1 oyme nt.. .. .. . . .. .. .. . " .. .. .. . .. " . . . . . .. . . . .. . . . . .. .. .. .. Safety and Loss Prevention........................ Captions for Convenlence.......................... Reasonable Notice................................. E f f e c t 0 f Job Per form a n ceo n Sa 1 a r y . . . . . . . . . . . . . . . Effective Date of Pay Increase.................... V-Rat in g.. .. . . . . .. .. . .. " .. . .. . .. .. .. .. . .. . . . .. . . .. . . .. .. . .. .. . . . " .. . .. Ove rt ime. .. .."... "..........,....................... ..."...........".... R e t ; rem e n t.. . . .. .. .. .. .. .. . . .. .. . .. .. .. .. .. .. .. .. " . .. . . . . . . . . . . . .. .. .. .. P aid H 01 i day s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II . . . . . . Vac at i on Leave......................................... S; c k Leave............................................ Leave of Absence Without Pay...................... M,l ; t a ry Le a ve. . .. . . . . . . . . .. . . . .. . . . .. . . .. . . . . . .. .. . . . . . . Un i for m Allow an c e. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . Jury Duty................................................... Tuition Reimbursement............................. Mileage Reimbursement and Energy Conservation..... P r orno t ion alP ay Rat e . . . .. .. . . . . . . . . .. . . . . . .. .. . . . . . . . .. .. Supervisory Differential.......................... Grievance and Complaint Policy.................... Pea c e f u 1 Per form a n ceo f C 1 t y S e r v ice. . . . . . . . . . . . . . Supervi sorial Bonus............................................ Deferred Compensation............................. Mat ern i ty Le a ve. .. . .. .. . . .. . . . .. . . . . . .. . . . .. . . .. . . . . .. . . . . .. Res erved.. .. .. . .. . .. .. .. . . .. .. .. . . . . .. .. .. . .. . . . . . . . . .. . .. . . . . . . . .. Performance Incentive Plan........................ Medical and Dental Insurance...................... Unit Composltlon - AD HOC Committee............... C all - B a c k Pay.......................................... Term 0 fAg r e em e n t.. . . .. .. .. .. .. .. . . . . . .. .. .. .. .. . .. .. .. .. .. .. .. . . .. . .. . Individual AdJustments............................ Sa 1 a r i e 5 . . .. . . . . . . .. . .. . . . . . . . . .. .. . . . . . . . .. .. . .. . . . . . . . , .. PAGE 1 1 1 2 2 2 2 3 3 4 6 6 6 6 7 7 7 7 8 9 9 10 10 10 11 11 12 12 13 13 13 14 14 15 15 15 15 15 16 16 16 16 17 e - 1. Parties to Memorandum. This memorandum of understanding 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 Supervisory Team Associates/Municipal Employees AssociatIon (STA/MEA)) and on behalf of employees OCCUPYIng the line-Item full-tIme employment position classificatIons set forth In Exhibit A which IS attached hereto and made a part hereof. From time to time) additional positIons may be included under the terms of this MOUt provided that the Ad Hoc Committee referred to in Section 39 finds those positions to be appropriately within the STA Unit CompositIon standards and that the Municipal Employee RelatIons OffTcer fInds that their Inclusion is not inappropriate under the terms of OrdInance 801 (CCS). Such addItIons shall be agreed upon in writIng and WIll become effectIve upon execution by the President of STA and the Municipal Employee Relations Officer. 2. City Council Approval. This MOU IS of no force or effect ratified and approved by resolutIon CounCIl of the City of Santa Monica. whatsoever unless or until duly adopted by the City 3. Full Understandingt ModifIcation and WaIver. The parties agree that each has had full and unrestricted right and opportunIty to maket advance, and discuss all matters properly within the scope of representatIon as outlined in Section 2.05 of Ordinance 801 (CCS). This MOU constitutes the full and complete agreement of the parties and there are no otherst oral or wrItten, except as specifIed in thIS agreement. The parties are not bound by any past practices or understandings of either party unless such past practices or understandings are specifically stated in thIS MOU except that prOVIsions or conditions not specifically changed in thIS or previous MOUls shall be as prescribed by the civil service provisions of the Santa Monica City Charter and the Santa MonIca MunIcipal Code. 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 (CCS). 1 e e 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 herein: to provide an orderly and equitable means of resolv1ng differences which may arise under this memorandum, and to set forth the full agreements of the part1es reached as a result of meeting and conferring in good faith regarding matters w1thin the scope of representat10n for employees represented by STA/MEA. 5. Recogn1zed Employee Associat1on Name. The STA/MEA is hereby acknowledged as the Recognized Employee Organization representing only the permanent line-item employment position class1fications set forth in Exhibit A (Wh1Ch is attached hereto and made a part hereof) pursuant to Section 3.04 (c) of Ordinance 801 (CCS). It is the mutual understanding of the parties hereto that acknowledgement of the STA/MEA as the recognized employee organization: A. Does not preclude employees in such employment position classifications from representing themselves individually 1n their employment relat10ns with the City. B. Does not officials empl cyment employment preclude or restr1ct the right of management to meet and consult with employees in such posit1on classifications concerning the1r relations with the C1ty. 6. Scope of Representation. The scope of representation of the recognized employee organization shall include all matters relating to employment cond1tions and employer-employee relations including) but not lim1ted to, wages, hours) and other terms and conditions of employment, except, however, that the scope of representation shall not include consideration of the merlts, necessity, or organization of any service or actlvity provided by law or executive order and that the scope of representation shall be exercised or performed in compl1ance with the provisions of Ordinance 801 (CCS). 7. Management Rights Reserved. The City retains all rights not specifically delegated by this agreement. including, but not limited to. the exclusive right to: 2 e e A. Direct, supervise, hire, promote, suspend, discipline, d1scharge, transfer, assign, schedule, and retain employees. B. Rel1eve employees from duties because of lack of work or funds, or under condit1ons where continued work would be 1nefficient or nonproductive. C. Determine services to be rendered, operations to be performed, utilization of technology, and overall budgetary matters. D. Determine the appropriate Job classTfications and personnel by which government operations are to be conducted. E. Determine the overall mission of the unit of government. F. Ma1ntain and 1mprove the effic1ency and effectiveness of government operations. G. Take any necessary actions to carry out the mission of an agency in situat10ns of emergency. H. Take whatever other actions may be necessary to carry out the w1shes of the public not otherw1se specified above or by collective agreement. 8. Val1dity of Memorandum of Understanding. If any provision of this MOU is determined to be 1nvalid or illegal by a court of competent jurisdiction, then such provision shall be severed from this MOU, but the remainder hereof shall remain in full force and effect. The part1es hereto shall immediately commence to negotiate for the purpose of replacing any such inval1d or illegal provision. Should any change be made in any Federal or State law, or in any rules and regulations implementing such legislat1on, or 1n any City Charter provision or Santa Mon1ca Municipal Coode provision Wh1Ch would be applicable and contrary to any provision herein contained, then such prov1sion of this MOU shall be automatically terminated, but the remainder of this MOU shall remain in full force and effect. Such legislat10n and/or rules and regulations shall supersede this MOU and appl icable clauses shall be subst1tuted for those ruled inval1d or illegal. The part1es hereto shall immediately commence to negotiate for the purpose of replac1ng any such invlaid or 1llegal provision. 9. Payroll Deductions. It is mutually understood and agreed that the C1ty will, subJect to the provisions of Ordiance 801 (CCS) and during the term of 3 e e this MOU, deduct monthly and remit to the office or officer designated in the employee payroll deduction authorization recognized employee organization dues, credit union investments or payments, health and hospitalization insurance premiums, and life and accident insurance premiums. Any or all of such payroll deductlons are subJect to terminated by the City Manager upon twenty-four (24) hours notlce for fallure to comply wlth the provislons of this MOU. 10. Definitions. The following definltlons are to be applied in the interpretation of this MOU: A. "Salary Range" shall mean the normal five step (A through E) hourly or monthly pay scale (and the bl-weekly equivalent) assigned to each employment position classification within the City work force, based upon the followlng amounts of service in the position: Step A B C D E During first year During second year During third year During fourth year After fourth year The above range progresslon shall be subject in all cases to the provisions of Article 15 herein. B. "Salary Range Steps A through E" for each employment position classif1catlon within the City work force shall mean and be established to bear the followlng percentage relationship to Salary Range Step E computed to the nearest dollar. Step A - 81% of Step E Step B - 85% of Step E Step C - 90% of Step E Step D - 95% of Step E Step E - 100% C. "Nearest Dollar" shall mean the next lower dollar when the computed amount 1S 50 cents or less and the next higher dollar when the computed amount is 51 cents or more. 4 e e D. Line Item Position: The term "llne-item pos1tion" means of pos1tion Wh1Ch is (a) specifically 1temized in the personnel schedule of the annual bUdget of the City of Santa Monica and (b) eligible to accumulate paid leave benefits in proportion to the percentage of the full-time forty (40) hour week. E. Permanent Employees: The term "permanent employee" means: (1) A person who is legally position~ full or part-time; an incumbent or of a line-item (2) A former incumbent of a line-item position on authorized leave of absence from a regularly budgeted position which posit1on is held for him pending his return. F. Date of Entrance Anniversary: The term "date of entrance anniversary" means the date which recurs annually after the date of entry into a position 1n the classified service of the City of Santa Monica. either by original employment, re-employment or promot1on. The date of entrance for employees with broken service shall be considered as the date on which the last unbroken service was effective. G. Sat1sfactory SerV1ce: The term "satisfactory service" means the attainment of not less than "0verall Satisfactory" on the performance report immediately preceding the employee's date of entrance ann1versary. H. Full-Time Work Week: forty (40) hours. The term "full-time work week" means (I) Incumbents of llne-item positions employed 1n a work week less than that defined as the full-time work week shall be compensated in that proportion of the hours worked for that position bears to the full-time work week; incumbents of line-item positions employed in a work week greater than that defined as the full time work week shall be compensated for hours in excess of the full-time work week on the baS1S of and in accordance w1th the provis1ons of Sect10n 18 hereof relating to overtime. (2) Incumbents of llne-item posltions regularly working less than the full-time work week shall accrue vacation. slck leave and other time off 1n the same ratio as the average number of hours they work per week is to the full-t1me work week for the posit1on occupied. Other fringe benefits shall be provided to part-time employees covered hereunder as ,f they were employed on a full-time basis. I. In Pay Status: The term "in pay status" shall mean regularly assigned work hours actually performed. In addition. pay 5 e e status shall also specifically include pay for time not worked such as slck leave, vacation, holidayst and jury duty. 11. Equal Employment It is agreed by both parties to this MoU that supervisors playa special role 1n ach1eving equal opportun1ty in selecting~ trainingt promoting~ and discipl1n1ng employees. The parties hereto will work 1n partnership with the Personnel Department to ensure full compliance w1th the letter and spirit of all applicable local ~ State. and Federal lawst rules and regulations governing equal opportunity and with the Affirmative Act10n Program and Sexual Harassment Policy of the C1ty of Santa Monica which are 1ncorporated by reference here1n. Both parties acknowledge that progress in meet1ng affirmative action goals is one appropr1ate ind1cator of performance of an employee subject to this MOU. 12. Safety and Loss Prevent10n The City shall provide a reasonably safe and healthy working environment in accordance with appl 1cable State and Federal 1awst rules and regulations. STA/MEA agrees that where safety dev1ces or items of protective equlpment are requlred or furnished, their use shall be mandatory for STA/MEA members and employees under their supervision. Both parties recognize the role that Supervisory off1cials play in loss prevention and safety and agree that measures of loss preventlon and safety are one appropr1ate indicator of performance of an employee subject to this MOU. 13. Captions for Convenience The captions hereln are for convenience only and are not a part of this MOU and do not in any way limit, define, or amplify the terms and provisions hereof. 14. Reasonable Notice It is mutually understood and agreed that a copy of the City Councilor Personnel Board agenda for each meeting mailed~ by U.S. Mail, to the authorized representatlve of STA/MEA shall constitute reasonable written notice~ and notice of an opportunity to meet with such agencYt on all matters w1thin the scope of representation upon Wh1Ch the City Councilor Personnel Board may act. 6 . e 15. Effect of Job Performance on Salary The City Manager, in exceptlonal cases, based upon specific appraisal of the importance and difficulty of the work and the experience and ab1lity of the person to be employed, or of the incumbent, may author1ze entrance salaries higher than the minimum, and special 1ncreases above the amount prescribed in the salary schedule for the class and length of service of the incumbent. In no event, however, shall the rate exceed the maximum rate for that class. Notw1thstanding any prov1sion contained herein, there will be no 1ncrease in wages of any k1nd as a result of a NOT ACCEPTABLE rat1ng on the employee's prescribed periodic performance rating. There w1ll be no subsequent increases in wages until the NOT ACCEPTABLE rat1ng has been 1mproved to at least the SATISFACTORY level. If overall performance is rated NOT ACCEPTABLE, the employee may be dismissed from service, and if two consecutive performance ratings are marked NOT ACCEPTABLE, employee shall be dismissed by appoint1ng authority for ineff1ciency (SMCC Section 2104Al). Any overall rating in the BELOW SATISFACTORY category may delay the next scheduled salary step 1ncrease at the discretion of the appoint1ng authority. Such action shall rema1n in effect until the overall rating has been improved to at least the SATISFACTORY level. 16. Effective Date of Pay Increase Notw1thstanding any other provision salary range and salary related effective on the first day of the effective date stated here1n. contained herein, changes in benefit changes shall become payroll period closest to the 17. V-Rating When a personnel action, e.g., demotion due to layoff or reclassification, results in the lowering of the salary range of a permanent employee covered herein, the incumbent employee's salary may be V-rated. IIY-rated" shall mean the maintenance of the employee's salary rate at the level effectIve the day preceding the effect1ve 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 V-rate salary. 18. OvertIme Overtime authorized shall mean line-Item work by positions employees in any occupying employment regularly pOSItion 7 e - classificat10n covered herein in excess of e1ght (8) 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 off1c1al. All author1zed overt1me 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 a hourt except that an authorized departmental management official may grant compensatory t1me off at the rate of one and one-half (1 1/2) hours off for such overt1me provided that such compensatory time does not exceed a maX1mum accumulation of 40 hours. Compensatory time accrued as above must be taken off during the fiscal year in which 1t 1S accrued or 1t is forfeited without any payment or other compensation. Should compensatory t1me be accrued in June of any fiscal year during the term of th1s contract in such amount that it is clearly impract1cal to release the employee to use said t1me prior to July It the Department Head may provide for its use during the first quarter of the follow1ng fiscal year. 19. Retirement The City is a contract member of the Public Employee's Retirment Systemt and it is understood and agreed that such membership will be maintained and that employee eligibility classification, contribution, and benef1ts are as prescribed in the contract between the City and the Public Employee's Retirement System heretofore approved by the City Council. Effective July It 1982, the City shall pay on behalf of each permanent employee covered herein one hundred percent (100%) of the indlvidual employee's share of the required ret1rement contributions to PERS [seven percent (7%) of the employee's "compensation" as defined by PERS legislat1on] for the term of this MOU. These payments are not increases of salary and no salary range appl1cable 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 wlll not treat these payments as ordinary income and thus, wlll not withhold federal or state income tax therefrom. The City's practice will be to report these payments as belng those of the employees so that they will be credited to the part1cular employee's individual account with PERS and upon termination will belong to the employee. It 1S agreed that 1f state and/or federal procedures require reporting of these payments 1n any other manner, the parties will abide by such requirements. 8 . e 20. Paid Holidays Employees covered hereunder shall receive paid holidays as provided below: New Year's Day - January 1 Martin Luther King's Birthday Lincoln's Birthday - February Washington's Birthday - Third Memorial Day - Last Monday in Independence Day - July 4 labor Day - First Monday in September Thanksgiving Day - Fourth Thursday in November The Friday Following Thanksgiving Day The Half-Day Immediately Before Christmas Day Christmas Day - December 25 The Half-Day Immediately Before New Year's Day One Floating Holiday All Other Holidays Declared by the City Council - January 15 12 Mo n day in May February Whenever any day listed herein as a paid hollday 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 lf it falls on the flrst day off) and the day following shall be deemed the hollday 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 stralght time at the hourly rate equlvalent to the monthly salary plus the regular holiday pay. Employees 1n departments or divis10ns observ1ng different holiday schedules shall, in lieu of holidays listed above, receive holidays enjoyed by other operating employees in that department or division) provided, however, that the same number of holidays (12) shall be observed. 21. Vacation Leave Employee's covered herein shall accrue vacation leave with the pay on the following basis: A. Following completion of the first six calendar months of continuous service, SlX (6) working days. 9 e e B. Thereafter, up to and includlng ten completed years of service, one (1) working day for each completed calendar month of service. C. Upon completlon of ten years of serVlce and thereafter, one and one-half (1 1/2) working days for each completed calendar month of service. D. The administration or application of vacation leave provlsions and the llmitatlons on the accumulatlon, proportionate accumulation, scheduling and payment for such leave shall be as prescribed in the civil service provisions of the Santa Monica Municipal Code. 22. Sick Leave Employees covered herein shall have the option to select either the Clty sick leave plan which allows unlimlted accrual of sick leave or the City slck leave plan which allows a maXlmum accrual of 130 sick leave days with maximum cash payment of up to six days pay annually for certain sick leave unused during the contract year. Such selection shall be made in writlng prior to August 30, of any calendar year. Sick leave shall be as contained in Section 21041 of the Santa Monica Municipal Code, except that in accordance with provlsions contained in Paragraph 8 of said Section, the City's obllgation to make such payments shall not commence until the third day of such disability absence. 23. Leave of Absence Without Pay A permanent employee covered herein 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 relnstated to the position held before the leave was granted. Such leave shall be granted only in those cases where an employee's record of serVlce and qualifications make it deslrable for the City to retain the employee's services even at the cost of some inconvenience to the City. 24. Mllitary Leave A permanent employee covered herein, who in time of war or national emergency as proclaimed by the President of the United States or the Congress of the Unlted States, or while any national conscription act is in effect,is lnducted lnto 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 employment with the City does enter such service, shall be 10 . lie granted a leave of absence without pay for the duration of the perlod of actlve serV1ce with such armed forces. If such employee receives an honorable d1scharge or its equivalent and the position still eX1sts and the employee otherwise 1S qualified to fill the same. the employee shall have a right to return to the position w1th the City w1thin six months after the term1nation 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 1S terminated, or after the expiration of the nat10nal conscript10n act. Such an employee shall rece1ve seniority and other credits on the same basis as though the employee has remained in the City serV1ce and had not taken such m1litary leave. Leaves of absence with pay for temporary military duty shall be granted in accordance with applicable federal and state laws. 25. Uniform Allowance A. Each employee occupying a regular full-time position or a permanent and cont1nuing part-t1me posit10n in the employment pos1t10n classificatlons covered herein. if required to wear a uniform and such uniform 1S not furnished by the City, shall recelve a monthly uniform maintenance allowance of $18.00. B. The City agrees to furnish and employees that are requlred to do to the1r personal clothing. malntain coveralls to those work that may cause damage C. Supervisors will be furnished wlth a distinctive work uniform as prescribed by the City. Maintenance of these un1forms will be in accordnace with eXlstlng Clty contracts concernlng said uniforms. 26. Jury Duty Any permanent employee covered herein. when duly called to serve on any jury and when unable to be excused therefrom, shall receive the regular pay less all jury fees received excluding mileage, for the t1me required to be spent under the jurisdictlon of the court. Each employee rece1v;ng 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 dally work hours. 11 e It 27. Tuition Relmbursement City w111 budget annually an amount equal to $10.00 for each permanent llne-item employee of the City for tuition and required s t u dy mat e r 1 a 1 r elm bur s em en t for car e e rim pro v em en t s t u dy a p pro v e d by aut ho r lZ e d man a 9 em en t 0 f f i cia 1 s. R elm bur s em en t s hall e qua 1 the total cost of tuition (exclus1ve of lodging and meals) and the total cost of requ1 red study materi al St provi ded however, that: A . The m a Xl mum ann u a 1 am 0 u n t 0 f rei m bur s em en t per i n d iv i d u a 1 employee shall not exceed five hundred dollars ($500L subJect to the availab11ity of budgeted funds as described above. B . En roll men tin t he car e e r 1 m pro v em en t 5 t u dy C 0 u r 5 e 5 hall b e approved 1n advance by an authorlzed management official. C. The study course must be directed to quallfications for an employment pos1t1on represented in the C1ty work force. D. The employee must exh1b1t some reasonable expectation of qualifying for such position upon successful completion of the study course. E. Reimbursement shall be made only in installments upon successful complet1on of prescr1bed units of study required by study course approved. F. In no event shall the C1tytS reimbursement be reduced when there 1S an outside source of ald except in those cases where the aid from any outside source, plus the normal C1ty reimbursementt exceeds the cost of tuition and study material for the approved study course. G. If approved tUltion re1mbursement costs exceed the budgeted am 0 u n t a s de sc rib e dab 0 vet the rei m bur sed c 0 s t s will b e prorated so as not to exceed the budgeted amount. 28. Mileage Reimbursement and Energy Conservat1on Reimbursement to permanent employees covered herein for the authorized use of personal automobiles on C1ty business shall be at the rate author1zed by the Ci ty Council. Reimbursement rates will be conS1dered 1n prepar1ng budget recommendations at least every two years. Santa Monica Municipal Bus L1ne tokens, to a maximum of twenty (20) tokens per month, w1ll be provided to any employee covered hereunder who submitst on the City mil eage reimbursement form, a record of h1s/her trlps (home to worksitet or workslte to home) durlng the preceding month. The Santa Monlca Mun1cipal Bus Llne Route number and the Bus number used for each trip must be entered on the re1mbursement form. 12 e e Any employee who has not been issued a City parking pass, or who voluntanly turns 1n his/her parking pass, shall be eligible to rece1ve forty (40) tokens per month under the terms described ab 0 v e. 29. Promotional Pay Rate In the event that the rate of pay being rece1ved by an employee be1ng promoted is equal to or greater than the entrance salary of the new pos1tion, the employee1s salary shall be increased to the next higher rate to that attained 1n the former position. In the eve n t the pro mot ion i s to a sup e I" vis 0 r y po sit ion, the em p 1 0 y e e promoted shall receive not 1 ess than the next h1ghest rate above the highest rate being paid to subordinates. 3 0 . Sup e I" v i so r y D iff ere n t i a 1 Notwithstanding other salary provis10ns herein 1t lS agreed that the "Ell Step salary for the classlf1cat1ons covered by this MOU, except Motor Coac h Superv1 sors, shall not be 1 ess than five per c en t ( 5 % ) h i g her t h ant hell EllS t e p s a 1 a r y for em p 1 0 y e e sun del" their superv1s10n dur1ng the life of th1S MOU; the IIEII Step of the cl ass1f1cat10n of Motor Coach Supervi SOl" shall not be 1 ess than 20% higher than the "Ell Step salary for Motor Coach Operator durlng the llfe of this MOU; except that the affected supervisor must have on file a current performance rat1ng of SATISFACTORY OR BETTER to qual1fy for the terms of this sectlon. 31. Grievance and Complaint Policy In the event any grievance, dlsputes con c ern i n g mat tel" s wit hi nth e sc 0 p e recognized employee organlzatlon, suc h disagreement shall be resolved as follows: or disagreements arise of representation of the grievance, di spute or A . G I" i e van c e s , d i s put e s 0 r d i sag I" e em en t 5 con c ern i n 9 the interpretation or application of the terms of this MOU shall bel" e so 1 ve d , i f po s sib 1 e, by me e tin 9 and con fer r i n 9 1 n goo d f a 1 t h. I fun I" e 50 1 v e d by s u c h me e tin 9 5 , the p a I" tie s s h all consider subml tting suc h i 55ues to medl at10n as provi ded by Ordlnance 801 (CCS). In the absence of agreement to mediate, or fallure of mediation, or arbitration by mutual consent, the issue shall be resolved by an action in a court of competent jurisdict10n on motion by either party. B . G I" i e van c e s , d i s put e Sol" d i sag I" e em en t sin vol v 1 n 9 I" em 0 val s. demotions or suspenslons shall be resolved as provlded by the CiVl1 service provis1ons of the Santa Monlca Municlpal Code and the City C h a I" t e r . 13 e e C . 0 the r 9 r i e van c e s, d i s put e s 0 1" d i sag r e em en t s s h all b ere sol ve d as provided by the civil service prov1s1ons of the Santa Monlca Munlcipal Code. Representation by the recogn1zed em p 1 0 Y e e 0 r g ani z a t 1 0 n s h all bel i m 1 t ed, i nth i s c 1 ass 0 f gr1evance, to appearances before the lowest level of supervision not represented by the employee organization, the Department Head, Personnel Director, and the Clty Manager. 32. Peaceful Performance of City Service It 1S mutually understood and agreed that part1cipation by any employee in a strlke or a concerted work stoppage terminates the employment re1at10nship 1n the absence of specific written waiver of such termination by an authorized management official. A. It 1S further understood and agreed that none of the part1es her e to will par t 1 C i pat e in, en c 0 u 1" age, ass 1 s tor con do n e any strike, concerted work stoppage, cessation of work t slow-down t sit-down, stay-away, picketing or any other form of interference with or lim1tation of the peaceful performance of C 1 ty s e r v 1 c e s. B. In the event that there occurs any strike, concerted work stoppage, cessation of work, slow-down. sitdown, stay-away, picketing or any other form of interference w1th or 11mitation of the peaceful performance of City services, the C1ty, in addltion to any other lawful remedies or disClpl inary actions, may by action of the City Manager cancel any or all payroll deductions. prohib1t the use of bulletin boards, prohibit the use of City facillties, and prohibit access to former work or du ty s tat 1 0 n s. C. Neither the employee organ1zat1on. nor any person act1ng in con c e 1" t w 1 t h them, w i1 1 c au s e . san c t 1 0 n , 0 1" t a k e par t 1 n any strike, walk-out, slt-down, slow-down, stoppage of work, p1cketing, retarding of work, abnormal absenteeism, withholding of services, or any other interference w1th the normal work routine. The provisions of this article shall apply for the same term as thl s agreement, or during any renewal or extension thereof. V101ation of any provision of th1S MoU by the recognized employee organization shall be cause for the City, at its sole opt10n, to terminate this agreement in additlon to whatever other remed1es may be to the City at 1 aw or in eq u i ty . D. The City agrees that there shall be no general lockout of bargaining unit members. 14 e - 3 3 . Sup e r v i so ria 1 Bon u s As partial recognition of the superv1 sorial and sensitive nature of the employee-employer relationship as regards employees covered hereunder, the City hereby agrees to grant three (3) bonus days off with pay per contract year. These three (3) bonus days shall be in add1tion to any other regular benefits which accrue hereunder. Such bonus days shall be granted in one day increments effective at the close of each four month period of this contract, to be usable as accrued. Payment equivalent to the employee's basic sal ary for any unu sed bonu s day s shall be payabl e to the employee six (6) months from the end of the contract year when earned. 34. Deferred Compensation Each employee covered here1n will be offered participation 1n the City's deferred compensation plan. Effective July 1,1983, the City agrees to contribute to the plan, the amount the partic1pating employee is contributing to the plan on his or her behalf, but not to exceed twenty-five ($25) dollars per month for any participating employee. 3 5 . Mat ern i ty Lea v e Mat ern 1 ty guaranteed benefits. b en e fit s s h all beg rea t e r t h an 0 r e qua 1 tot ho s e rig h t s under State or Federal Law, wh1chever offers greater 36. Reserved 37. Performance Incentive Pl an It is mutually agreed that the parties hereto will reopen disc u s S 1 0 n son 0 r b e for e 0 c to b e r 1. 1 9 8 3. for the sol e pur po s e 0 f proY1d1ng a Performance Incentive Salary program for employees covered here1n. The parties will attempt to reach agreement on form, content, and parameters for suc h a program before December 31, 1 983 for an e f f ec t 1V e imp 1 em e n tat ion d ate 0 f J a n u a r y 1, 1 984. 38. Medical and Dental Insurance E f fee t 1 V e insurance employee. in ef f ec t July 1, 1982, C1 ty agrees to furni sh medical and dental for employees and el1gible dependents at no cost to the Coverage shall be essentially equal to that which was on June 30, 1982. 15 e e Eliglble dependents of said employees are to be included under this benefit. An optional prepaid health maintenance plan will be offered hereunder. 39. Unlt Composition - AD HOC Commlttee I tis m u t u all y a g r e e d b e tw e en the par tie she r e tot hat a n Ad Hoc Committee shall be maintained during the term of this MOU. Sald Committee shall be constltuted as follows: A. One person appointed by the Ci ty Manager. B. One person appointed by the Recognized Employee Organization. C. One addi t10nal the other two commi ttee. member appointed by mutual agreement between members who shall act as chairman of the The business of said Ad Hoc Comm1ttee shall be as follows: To determ1ne ellg1bility of proposed classification for membersh1p 1n the STA/MEA Bargaining Unit. 40. Call-Back Pay Should the City call back any full-t1me employee after hi-s/her normal working hours to perform work, the City shall pay the employee not less than a minimum of two (2) hours pay regardless of time actually worked as a resul t of be1ng call ed back to work to perform services for the C1ty. 4 1. T e r m 0 fAg r e em en t This agreement shall be effect1ve as of the 1st day of July, 1982 and shall rema1n in full force and effect until the 31st day of o e c em b e r 1 9 84. Its h all b e aut 0 mat 1 call y r en ew e d fro m yea r to yea r t her e aft e r . un 1 e sse i t her par ty s hall no t i f Y t he 0 t her 1 n wri ting not 1 ater than September of eac h year that it desires to terminate or mod1fy this agreement, and specifically 1ndicates requested modif1cations. In the event that such notice is glven, negotiatlons shall begin no later than October 15 with a signed con t r act des 1 red D e c em b e r 1. 42 . I n d i v i d u a 1 Ad jus tm e n t s I n d i v i d u a 1 a d jus tm e n t s s hall b e mad e , a s f 0 11 ow s , e f fee t i v e J u 1 y 1,1982, based on internal and external salary relationships. 16 - e Water Leader + 1. 25% + 1.5% + 8.5% + 3.4% + 6.0% + 6.0% + 5.0% + 5.0% Cemetery Fleld Supervisor Supervislng Data Entry Operator Tree Trlmmer Supervisor Water Pro due tion/Treatment Supt. Water Construction Supt. Com m u n 1 cat ion s C en t e r Sup e r v i so r C u s to d i a n Sup e r v i so r Mechanic Supervisor Parklng Supervisor + 5.0% + 5.0% + 5.0% Project Director Sanitation Supervisor + 5. 0% Sewer Maintenance Supervi sor + 5 Ql Sr. Recreatlon Leader + 5.0% + 5.0% + 5.0% + 5.0% + 5.0% S~ nlor Groundskeeper Street Cleaning Supervisor Street Malntenance Supervisor Trafflc Operations Supervi sor Pollce Records Manager Groundskeeping Superv1sor + 5. 0% + 5. 0% + 10.06% Jail Manager 43. Sa1 an es Sa 1 a r i e s 0 f C 1 ty em ploy e e sin 11 n e- 1 t em po sit ion s s ha 1 1 b eon a monthly rate; pa1d on a bi-weekly equivalent basis. In lieu of the bi-weekly equivalent to a monthly rate~ the City Manager may fix the compensation of any position at an hourly rate. In positions for which the work week 1 s forty (40) hourst the hourly rate shall be determined by d1v1ding the b1-weekly rate by 80. 17 e e 1. Effective July 1, 1982, all classifications covered herein shall be adjusted 1n remuneration by the process of payment by the City of a salary increase of three percent (3%). 2. Effective July 1, 1983, all class1ficat10ns covered herein shall be adJusted by the percentage increase in the revi sed Consumer Price Index (for urban wage earners and clerical workers, 1967=100) for Los Angeles, Long Beach, Anahe1m, Metropolitan area published by the Department of Labor, Bureau of Labor Stat1stics; prov1ded, however, said percentage increase shall not be 1 ess than five percent (5%), nor greater than nine percent (9%). Sa1d percentage shall be computed on the Con sum e r P r1 C e I n d ex (a 1 1 item s) for A p r ill 9 83 com par e d W1 th April 1982. 3. Effective July 1,1984, the wage rates shall be adJusted as provlded 1n paragraph three (3) above except the CPI compar1son shall be for April 1983 and April 1984. 18 - e "Exhiblt All Employees covered hereunder shall be as follows: Ai rport Supervi SOl" Asphalt Crew Leader Assistant Parking Lot Supervi SOl" Assistant Water Supervisor/Construction Assistant Water Supervi sorjMeters Beac h Cl eaning Supervi SOl" Carpenter Supervlsor Cern e t e ry Fie 1 d Sup e I" v i so I" City Man age I" 's 0 f fie e Adm i n i s t I" a tor Communications Center Supervlsor Concrete Crew Leader Council Office Adminlstrator C u s to d i a 1 5 u per v i so r EDP Operations Supervisor EDP Systems/Program Supervi SOl" Event Attendant III Event Attendant Supervisor Groundskeeping Supervisor Jail Manager Landscaping Supervisor Lea dEl ec t r i cia n Maintenance Man III MechanlC Superv; SOl" Mechanic Supervi sorjTransportation Motor Coach Supervisor Nursery Attendant Palnter Supervisor Parkl ng Lots Supervi SOl" Parking Supervisor Pier Malntenance Supervlsor Police Records Manager Principal Clerk Proj ec t s Di rec tor Sanitation Supervisor Senior Accountant Senior Animal Control Officer Senior Cl erk (Superv; sing) Senior Groundskeeper Senior 1.D. Tech Senior Recreation Leader Senior Secretary Senior Tree Trimmer Sewer Crew Leader Sewer Maintenance Supervisor S to I" ek. e ep e I" Street Cleanlng Supervi SOl" Street Malntenance Supervisor 19 . e Supervising Data Entry Operator T r a f f i cOp era t 1 0 n 5 Sup e r v i so r T ran 5 fer S tat ion Sup e r v i so r Tree Trimming Supervisor Water Construction Crew leader Water Construction and Maintenance Superintendent Wa ter Leader Water Production and Treatment Superlntendent 20 ~-~ . .' . e IN WITNESS WHEREOF ,the parties hereto have caused this Memorandum of Understanding to be executed this 23rd day of June , 1982. SUPERVISORY TEAM ASSOCIATES MANAGEMENT OFFICIALS CITY OF SANTA MONICA \<~~ ~~ fut~ ~ _ LluY \ lJ f r 1Vt'-~ ~~~~ ~ ------i rX-ohn H. Al~hule~- Jr - t/city Manager APPROVED AS TO FORM: ~~.'" Robert M. Myers City Attorney o 21 - ~