R-6471
., .
e
.
RESOLUTION NO 6471(CC5)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA AUTHORIZING THE CITY MANAGER
TO EXECUTE A MEMO~~DUM OF UNDERSTANDING
BETWEEN THE CITY OF SANTA MONICA AND THE
SANTA MONICA POLICE OFFICERS ASSOCIATION
~lliEREAS, Section 2 06 of Ordinance 801 (CCS) of the City of
Santa Monica requires preparation of a written memorandum of under-
standing between the administration and recognized employee associa-
tions if an agreement can be reached, and
WHEREAS, Section 2.06 of Ordinance 801 (GGS) of the City of
Santa Monica further provides that any such memorandum of understand-
ing shall not be binding unless and until presented to the governing
body for determination; and
\JHEREAS, the purpose of this memorandum of understanding is to
promote and provide harmonious relations, cooperation and understand-
ing between the City and the members of the Santa Monica Police
Officers Association.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS.
Section I The City Council does hereby approve and authorize
the City Manager to execute the memorandum of understanding executed
by the representative of the Santa Monica Police Officers Association.
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:
~......~
Robert M. Myers
City Attorney
..
e
.
ADOPTED AND APPROVED THIS
13th
DAY
OF April
~ 1982.
/J
{lurk ~
I.. (
( MAYOR
I HEREBY CERTIFY THAT THE FOREGOING RESOLUTION
NO. 647l(CCS)_WAS DULY ADOPTED BY THE CITY COUNCIL OF THE
CITY OF SANTA MONICA flT A MEETING THEREOF HELD ON
Aprll 13
~ 1982 BY THE FOLLOWING COUNCIL VOTE:
AYES:
COUNCILMEMBERS: Conn, Edh'ards, Press, Jerullngs, Reed,
Zane and )layor Yannatta Gold,.;ay
NOES:
COUNCILMEM8ERS: I~ne
ABSENT:
COUNe I lMEMBERS: None
ABSTAIN:
COUNCILMEMBERS: Kone
ATTEST:
[~~~
'!!1 ~ ~~
CITY CLERK J
:
e
e
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF SANTA MONICA) CALIFORNIA
AND
SANTA MONICA POLICE OFFICERS ASSOCIATION
(SMPOA)
SECTION
1 .
';)
... .
3.
4,
5.
6,
7.
8.
9.
10,
11.
12.
13.
14.
15,
16.
17.
18.
19,
20,
21 ,
22~
23.
24.
'~C"
~;;J.
26.
27.
28,
29,
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41 .
42.
43
44.
45.
46.
47.
48.
49.
.
tit
I~~ks_gE_~Q~IstlI~
PartIes to MeMo~anduM
Ratlficat10n ,.....
Full Understandlno, Mod1f1catlon and WaIver
Purpose
RecognIzed EMplovee ASSocIatIon NaMe
Scope of RepreSen1'atlon ...,..........
ManageMent Rlohts Reserved .,....
Valldltv of MeMoranduM of UnderstandIng
Pavroll DeductIons
Def1n1t1.0nS .....
Equal EMploYMent
Safety
Capt10ns for Convenlence
Reasonable Notlce ...",..
Effect of Job PerforMance
Effectlve Date of Pay
'(-Ratlno
OvertlMe
RetlreMent
Pald HOlIdaYs..
VacatIon Leave
S1ck Leave .,...
Leave of Absence WIthout Pay
MlIJ.tarv Leave
UnlforM Allowance
Cont1nuat10n of TerMS
TUltlon RelMbu~seMent
Mlleage ReIMburseMent
Longevltv COMpensatIon
MarksManshlp Bonus
ProMotlonal Pay Rate
Workers' COMpensatlon Leave ....,
T1Me-Off for SMPOA Buslness
Grlevance and COMolalnt POllCY
Peaceful PerforMance of Clty Servlces
De~erred COMpensatlon
Med1cal and Dental Insurance
EducatIonal IncentIve .,
Insurance . . . . . .
Call-Back Pav
TerM Df AoreeMent
Off-Duty F1IMlng AsslgnMents
Bonus for 5/8 EMplovees
Weapons Dlscharge Revlew
Vacatlon/Slck Leave Notlflcatlon
EMplovee ParkIng
Agencv Shop. ,...
Salarles
4/10 Plan ...,..
Exhlblt "A"
. I
I I . t I J . t ~
. .
. , .
. ,
. . ,
. . ,
. , I
on Sa 1 a r v
Increase '"
I . I ~ I . .
. . .
. . ,
, .
. . .
, I . t
. , "" .
. . .
. , .
, . . . .
I . I 1
. .
. , ,
, .
PAGE
1
1
1
1
2
2
2
3
3
4
6
6
7
7
7
8
8
8
9
9
10
11
14
15
15
15
15
16
16
16
17
17
17
18
19
19
20
20
21
21
21
22
';)':)
...~
23
23
23
23
24
24
25
.
e
SMPOA
3/82
1, ~2~!lg~_!~_~!~~~arrg~~~
Th~s MeMoranduM oT Understandlng (MOU) has been prepared pursuant
to the terMS OT Crd~nance NUMber 801 (eCS) of the Cltv of Santa
Monlca, WhlCh Ordlnance 1S herebv lncorporated bv reference as 1f
fullv set forth hereln, and has been executed bv the Cltv Manaoer
on behalf of ManageMent offlclals of the Clty and by the Santa
Monlea Pollce Offlcers ASSoclatlon (SMPOAJ on behalf of per~anent
eMployees OCCUPYlng the llne-lteM eMplovMent posltlon
clasSlflcatlons seT forth 1n Exh1b1t A WhlCh 1S aTtached hereto
and Made a part hereof.
2. g2!!f!~2!!~n~
ThlS MOU lS of no force or effect whatsoever unless or untll
ratlfled and approved bv the MeMbershlO of the SMPOA and ratlfled
and approved by resolutlon duly adooted bv the Gltv Counell of the
CltV of Santa Monlea.
3, EYil_~ng~c~!gng!ng~_~~g!f!~!!!~n_~nQ_~~!~~r~
The parties agree that each has had full and unrestrlcted rlght
and opportunlTV TO Make, advance, and dlSCUSS all MatTers properlv
wlth1n the scope of representatlon as outllned 1n Sectlon 2.05 of
Ordlnance NUMber 801 (CCS), Th~s MOU constltutes the full and
COMplete agreeMent of the part~es and there are no others. oral or
wrltten. except as speclf1ed 1n thlS aqreeMent. Each party, for
the terM of thlS MOU. spec1flcallv W81ves the rlght to deMand or
petltlon for changes hereln, whether or not the subJects were
known to the part1es at the t1Me of executlon hereof as proper
subjects wlthln the scope of representatlon as outllned 1n Sect~on
2.05 of Ordlnance NUMber 801 (CCS).
4. ~~~Q~~~~
The part1es agree that the purpose of thlS MOU lS: to prOMote and
provlde harMonlous relatlons> cooperatlon and understandlng
between the Gltv and the eMployees covered hereln~ to provlde an
orderlu and equltable Means of resolvlna dlfferences WhlCh May
arlse under thlS MeMoranduM, and to set forth the full agreeMents
of The partles reached as a result of Meetlno and conferr1ng 1n
1
e
.
good falth reoardlnq Matters wlthln
for eMployees represented bv SMPOA.
the scope of representatlon
5. B~~~gQ~!~q_S~~!~~~~_A23~~!g!!Q~_~g~g~
SMPOA 1S hereby aCknowledged as the Recoon1zed EMplovee
Oroan1zatlon represent1no onlv the perManent, Ilne-1teM eMploYMent
pos1t1on claSSlflcat10ns set forth 1n ExhIbit A (Wh1Ch 1S attached
hereto and Made a part hereof) pursuant to SectIon 3.04 (c) of
Ord1nance NUMber 801 (CCS). It 1S the Mutual understanding of the
parties hereto that acknowledgeMent of SMPOA as the recogn1zed
sMplovee organlzat1on:
A. Does not preclude eMployees 1n such eMplOYMent posltlon
claSS1flcat1ons frOM represent1ng theMselves 1ndlv1dually 1n
their eMplovMent relat10ns w~th the City.
s.
Does not
offiCials
eMplOYMent
eMploVMent
preclude or restrIct the rlQht of ManageMent
to Meet and consult wlth eMployees In such
pOSition class1flcatlons concerning their
relations With the CltV.
C. Does not perM1t (and hereby expressly proh1bltS) eMployees
Occuov1nq the eMploVMent pos~tlon class~flcat1ons of Pollce
Lleutenant or Pollee Captaln frOM representlno the SMPOA.
6. ~~~a~_gf_R~~r~~~U!~!!Q~~
The scope of representatlon of the recognized eMployee organ1za-
t10n shall lnclude all Matters relatlna to eMplOYMent cond1tlons
and eMplover-eMployee relat10ns Includ1ng, but not IlM1ted to,
waqes. hours, and other terMS and condItIons of eMploVMent>
except. however, that the scope of representation shall not
Include conSIderatIon o~ the MerIts, necessltv. or organIzatIon o~
anv serVlce or actlVltv prov1ded bv law or executIve order and
that the scope of representation shall be exerclsed or perforMed
1n cOMol1ance wlth the provlslons of Ord1nance NUMber 801 eCCS).
7. ~~n~g~~!n!_R!qn!!_~!~gr~!Q~
The CIty retalns all rIghts not spec1flcallv delegated bv thlS
agreeMent, lnclud1ng, but not llMlted to, The exclus1ve rlght to:
A. Dlrect, superv1se, hlre, orOMote. suspend, dlsc~pllne,
d1scharge, transfer. assIgn, schedule, and retaIn eMPloyees,
2
.
e
e, Relieve eMployees frOM dutles because of lack of work or
funds. or under cond1tlons where continued work would be
lnefflclent or nonproductive,
C. DeterMlne services to be rendered, operat1ons to be perforMed,
ut1l1zat1on of technologv, and overall budoetary Matters.
D. DeterM1ne the appropriate Job clasSlf1catlons and personnel by
which governMent operations are to be conducted,
E. DeterMIne the overall MISSIon of the unlt of aovernMent,
F. Malntaln and 1Mprove the efflc1encv and effectlveness of
governMent operat1ons.
G, Take any necessarv actlons to carry out the MlSSlon of an
agencv ln sltuatlons of eMergencv,
H. Take whatever other actIons Mav be necessary to carrv out the
Wishes of the publiC not otherWIse speCified above or bv
collective agreeMent. to the extent the Cltv acts tn a legal
Manner In cOMpl1ance With State law.
8. ~2!~g!!~_~f_~@~~~2ng~~_~f_~ng!t?!2nQ!n~~
If any prOVlSlon of thiS MOU 1S deterM1ned to be lnvalld or
111egal bv a court of COMpetent Jurlsd1ctIon, then such prov~slon
shdll be severed frOM th~s MOU. but the reMalnder hereof shall
reMaln 1n full Torce and effect. The partles hereto shall
lMMed18telv COMMence to negotiate for the purpose of replaCIng any
such InvalId or lllegal prOVISIon.
Should any chanoe be Made 1n any Federal or State law, or 1n any
rules and requ1atlons lMpleMentIng such legIslatIon, or 1n any
Clty Charter provIs1on which would be apol1cable and contrary to
any prov1slon here1n contalned. then such provlSlon of th1S MOU
shall be autOMatIcally terMInated. but the reMa1nder of thIS MOU
shall reMaIn 1n full force and effect. Such leglslat10n and/or
rules and reaulatlons shall supersede th1S MOU and applicable
clauses shall be substItuted for those ruled lnvalld or llleaal.
The part1es hereto shall 1MMedlatelv COMMence to negotIate for the
purpose oT replaclno any such InvalId or 111eoa1 provIs1on,
9. E2Y~21!_~!~~~1!2~~~
It 1S Mutuallv understood and agreed that the CIty WIll. subJect
to the prOVISIons of Ordinance NUMber 801 (CCS) and durlno the
terM of thls MOU, deduct Monthlv and reMlt to the office or
3
.
e
offlcer deS1Qnated 1n the eMplovee pavroll deductlon duthor1Zailon
reco~nlzed eMplo~ee orqanlzatlon dues. credlt unlon lnvestMents or
paVMents, health and hOspltallzatlon lnsurance preM1UMS, Ilfe,
aCC1dent and other lnsurance preMluMs,
10. Rgf!n!!~~n~~
The followlnq deflnltlons are to be aoplled 1n the 1nter-
pretatlon of thlS MOU:
A, ~!!~EY__R~nQg~ The terM "salary ranQe" shall Mean the norMal
flve-step (A through E) hourlv or Monthly pay scale (and the
bl-weeklv equlvalent) assloned to each eMplovMent posltlon
classlflcatlon w1thln the Clty work ~orce. based upon the
followlnq aMounts of serVlce 1n the poslt1on:
E!~Q.
8~~~n!_~f_2~r~!~~l
A
B
C
D
E
Durlng first vear
Dur1ng second year
Durlng thlrd vear
Durlng fourth vear
After fourth year
The above step proqresslon shall be subJect 1n all cases to
the provls1ons of Sectlon 15 hereln.
9, The terM ~salarY ranqe SteDs A througn E>> for each eMplOYMent
posltlon claSSlflcatlon w1thln the Clty work force shall Mean
and be establIshed to bear the followIng percentage
relatlonshlp ~o Salary Range Step E cOMputed to the nearest
dollar.
Step A - 81i- of Step E
Step B - 857- of Step E
Step C - 907. of Step E
Step D 95/.: of Step E
Step E - lOO7- of Step E
C. ~~!r.~:?.!__~Ql!~E: The terM "nearest dollar" Means the next
1 0 wer dollar when the cOMputed aMO un t lS 50 cents ar less and
the next hJ.gher dollar when the cOMputed aMount 15 51 cents or
More.
D. b!D!=Ilg~__E2~!!!Qn: The terM "11ne-1teM poslt1on" Means a
pOSlt1on WhlCh 1S (a) speC1~lcall~ 1teMlzed In the personnel
4
.
e
schedule OT the annual budget of the Cltv o~ SanTa Monlca and
(b) ellQlble to accuMulate vacat1on~ slck leave and other tIMe
o?f 1n proportIon to the percentage of the full-tIMe forty
(40) hour week. Other frInge beneflts shall be provlded to
part-t1Me eMployees covered hereunder as 1f they were eMployed
on a full-tlMe basls.
E.
f!~~2n!n!_~~Q1Q~!!2:
The terM >>perManent eMployee" Means:
( 1 )
A person who 1S legallY
probatlonary eMployee, o~ a
part-t1Me~ or
an 1nCUMbent) lncludlnq
Ilne-lteM posltlon. full
a
or
(2) A forMer legal 1ncuMbent of a llne-1teM posltlon on
author1zed leave of absence frOM a reoularlv budaeted
posltlon Wh1Ch poslt10n is held for the eMployee pendlng
the eMployee~s return.
F. ~it~__~f__gnlt!n~!__8nn!~!t~2tY: The terM "date of entrance
annlVerSary" Means the date WhlCh recurs annually after the
date of entry lnto a posltlon 1n the classlTled serVlce of the
C1ty of Santa Monlca1 e1ther bv OrlQlnal eMplOYMent,
re-eMploVMent or proMotlon. The date of entrance for
eMployee~ wlth broken servIce shall be conSIdered as the date
on WhlCh the last unbroken serVlce was effectlve.
G.
Eg!i2f~~lQCY__~~r~!~~: The terM
the atta~nMent of not less than
perforMance report lMMedlatelv
o~ entrance annIversary.
"satlsfactory serVlce" Means
"Overall Satlsfactory" on the
precedlna the eMplo~ee~s date
H. E~11=I!~!__~2tK__~g~~:
forty (40) hours,
The terM "full-t1Me work week" Means
(1) The aforeMentIoned work week lncludes all tlMe spent. If
any) for Meal perIods and brlefina tIMe as dIrected and
aSSIgned by the Clty. No extra COMpensatIon shall be
granted for any work perforMed durIng sald Meal perIods
or brle~lng seSSIons. If any, and durlno saId perIods
of~lcers shall be subJect to the dIrectIon and control of
the CIty. The Clty May hold voluntary brlef1ng perIods
at Wh1Ch attendance 1S not requlred. No COMpensat1on
shall be proYlded for attendance at any such voluntary
pertod.
(2) InCUMbents o~ line-IteM posltlons eMployed In a work week
less than 1hat deflned as the full-tIMe work week shall
be cOMpensated 1n that proportlon o~ the COMpensatIon for
full-t1M2 eMplOYMent as the nUMber of hours budgeted for
that posltlon bears to ,he full-tlMe work week~
5
.
e
~ncuMbents of l~ne-IteM pos~t~ons eMploved ~n a work week
greater than that defIned hereln shall be cOMpensated for
hours In excess of the full-tIMe work week on the basIs
of and In accordance wIth the prOV~Slons of SectIon 18
hereof relat1ng to overtIMe,
(3) InCUMbents of lIne-IteM posItIons regularly workIng less
than the full-tIMe work week shall accrue vacatIon. sIck
leave and other tIMe off 1n the saMe ratIO as the average
nUMber of hours they work per week IS to the full-tIMe
work week for the pOSItIon occupIed. Other frInQe
benef1ts shall be prov1ded to part-t1Me eMplovees covered
hereunder as 1f they were eMoloyed on a full-t1Me baS1S.
I. i~~!__~~l~C!: The TerM "base salary" Means the eMployee's
salary and does not 1nclude longev~ty, overtlMe~ bonuses~
educat~onal 1ncentIve~. etc,
J. Eff~'!!!~__~~!~t!: The terM "effectIve salary" Means the
eMployees salarv and 10nqevIty,
K. Ell__~!I!Y~: The terM "pay STatus" shall Mean reaularlv
aSSIgned work hours actually perforMed. In add~tlOnt pay
status shall also specITlcallv Include pay for tlMe not worked
such as SIck leave, vacatIon. holIdays, and Jury duty.
11. ~g~~!_;~Q!~~~~n!_Q~~~r1Yn!!~~
It 1S aoreed that a balanced work force can enhance the Pollce
Depar~MentJs relat10ns wlth the COMMunItv. The C1tv and SMPOA
wlll fullv COMply wlth the letter and splrlt of all applIcable
Federal, State and local laws, rules and regulatlons govern1ng
equal eMplOYMent opportunlty and w1th the Cltv's current
A~flrMatlve ActIon ProqraM and current POlICY on Sexual
HarraSSMent. WhICh are lncorporated bv reference hereIn. The Cltv
and SMPOA w~ll str1ve to achIeve a workplace free of b1as and
ne1ther party w1Il support or condone Manlfestatlons of preJudlce
bv eMPloyees covered hereunder.
12. ~!f~!~~
The CIty shall provide a reasonably safe and healthY worklna
enVIronMent 1n accordance wlth applIcable State and Federal laws.
rules and reoulatlons, SMPOA agrees that where safety deVIces or
IteMS of protectIve equlpMent are requlred or furnIshed, theIr use
shall be Mandatory.
6
.
e
It 1S Mutuall~ agreed that a representatlve of SMPOA May attend
Meetlngs of the AdMln~stratlve Safety COMMIttee when, 1n the
oplnlon oT such representatlve, a safety hazard eXlsts WhlCh
should be cons1dered bv the AdMln1straTlve Safety COMM1ttee.
13. ~g2!~~na_fQ~_~~n~~n!~Q~~~
The capt10ns hereln are for convenlence only and are not a part of
thIS MQU and do not 1n any way lIMIt, def1ne, or aMpl1fy the terMS
and prOVISlons hereof,
14. ~!g~~ng~l~_~~!!~~~
Reasonable wr1tten not1ce as def1ned 1n SectIon 3504.5 Callforn1a
GovernMent Code shall be gIven on all Matters requ1rlng such
notlce under sa1d section.
15, sff~S!_Qf_IQQ_EgcfQ~~grrs~_QQ_E~lgC~~
The Clty Manaqer, 1n exceptlonal cases. based upon specIfIc
appraIsal of the IMPortance and dlff1culty of the work and the
experIence and abll1tv of the person to be eMployed~ or of the
lnCUMbent, May authorlze entrance salar1es h1gher than the
MlnlMuM, and specIal 1ncreases above the aMount prescrIbed 1n the
salary schedule for the class and lenath of serVlce of the
IncuMbent. In no event, however, shall the rate exceed the
MaXlMUM rate for that class.
Notw1thstandlno any provls~on contalned hereln. there wlll be no
lncrease 1n wages of any kInd as a result of a NOT ACCEPTABLE
ratlng on the eMployeeJs prescrlbed perlod~c perforMance rat1ng,
There wlll be no subsequent lncreases 1n wages untIl the NOT
ACCEPTABLE ratlng has been lMproved to at least the SATISFACTORY
level. If overall perforMance 1S rated NOT ACCEPTABLE} an
eMplovee May be dlsMlssed frOM servlce~ and lf two consecutlve
perforMance ratlnas are Marked NOT ACCEPTABLE, eMployee shall be
dlsMlssed bv appolntlnq author1tv for lnefflc1ency (SMMC Sectlon
2104A1>. Anv overall ratlng 1n the BELOW SATISFACTORY category
May delay the next scheduled salary step lncrease at the
d1scret1on of the appo1ntlng author1ty, Such act10n shall reMaln
1n effect untll the overall ratIng has been IMproved to at least a
SATISFACTORY level.
7
e
e
16, ~ff!~!!y~_Q2!~_[f_E~~_1~~~~a~!~
The effectlve da~e of pay 1ncreases covered hereln shall be as
prescribed in Sectlon 48,
17. X=~a!~nq~
When a personnel actlon. e,g., deMotlon due to lavo~f O~
reclasSlflcatlon, results 1n the lowerlng of the lncuMbent
eMploveeJs salary ranoe. ~he lnCUMbent eMploveeJs salary Mav be
V-rated. ~Y-rated" shall Mean the Malntenance of the lncuMbent
eMploveeJs salary rate at the level effectlve the day preced1ng
the effect1ve date of the personnel act10n placlng the eMployee 1n
a lower salary ranqe, The eMplovee's salary shall reMaln at such
level untll the salary range of the new classlf1catlon equals or
exceeds the V-rate salary,
18, Qy~r!!~~~
Over~lMe shall Mean work by eMployees OccupY1no reqularly
author1zed 11ne-lteM pos1t10ns 1n anv eMploYMent poslt1on
class1flcatlon covered here1n 1n excess of the eMplovees reaularly
ass1gned work day or 1n excess of forty (40) hours 1n one week,
prov1ded such hours of work have had the prlor approval of an
author1zed departMental ManaaeMent o~~lClal, All author1zed
overtlMe shall be cOMpensated for bv cash paYMent based upon one
and one-half (1 1/2) tlMes the hourly ra~e equlvalent of the
eMployee's Monthly effect1ve salary cOMputed to the nearest
one-tenth of an hour, except that an author~zed departMental
ManaqeMent offlc1al May approve a request for COMpensatory tIMe
off 1n lIeu of cash paYMent at the rate of one and one-half (1
1/2) hours off for such overtiMe provlded that such COMpensatory
~lMe off wlll be utlllzed wlth1n the pay perlod or such other pay
period speclflcally approved by the Pollce ehlef.
NotwlthstandlnQ the preced1ng paraqraph, any eMployee not
contlnuallv ass1gned to a 4/10 work schedule May elect to rece1ve
as authorlzed overt1Me cOMpensatlon 1n lIeu of cash paYMent
COMpensatorv tlMe off at the rate OT one and one-half (1 1/2)
hours off for such QVert1Me, provlded that no More than 40.5 hours
of COMpensatory tlMe May be earned 1n any contract year and that
any t1Me so earned shall be used 1n the contract vear 1n WhlCh 1t
15 earned or wlthln three Months of the date that the COMpensatory
tIMe lS earned If It cannot be used WIthIn the contract year, The
use of any such COMpensatory t1Me Must be appro~ed 1n the saMe
Manner that uacat10n t1Me-off 15 approved.
8
e
e
19. B~!~t!~~rrl~
The C~ty ~s a contract MeMber of the PublIc EMplovee;s RetIre-
Ment SysteM, and ~t 1S understood and aqreed that such MeMber-
ShlP wIll be Malntalned and that eMployee ellg1blllty) claSSI-
fIcatIon) contrlbutlons. and benefIts are as prescrIbed 1n the
Contract between the Cltv and the PublIC EMployee;s RetIreMent
SysteM heretofore approved by the Cltv CounCIl. EffectIve July 1,
1982, the CIty shall pay on behalf of each perManent eMplovee
covered hereIn one hundred percent (100~) of the IndIVIdual
eMplovee;s share of the requ~red retIreMent contr~butlons to PERS
(nIne percent (9~) of the eMployee's "COMpensat10n" as defIned bv
the PubllC EMplovees' RetIreMent Law. GovernMent Code SectIon
20000 ~! ~~g.),
These paYMents are not 1ncreases of salary and no salary range
appl1cable to any of the affected eMplovees shall be changed or be
deeMed to have been changed by reason of such paYMents> as a
result, the CltV WIll not treat these paYMents as ordInary InCOMe
and thus) WIll not w1thhold feder~l or state ~nCOMe tax therefrOM.
The CIty'S practIce w~ll be to report these paYMents as be~ng
those of the eMployees so that they w~ll be credlted to the
partIcular eMployee/s 1ndlvldual account wlth PERS.
It 1S agreed that 1f state and/or federal procedures requlre
reportlno of these paYMents ln anu other Manner, the part1es wlll
ablde bv such requ1reMents.
It IS aqreed that ~he Cltv'S contract WIth PERS shall be aMended
effectIve Julv 1) 1984, to 1nclude the "slnale hlohest year
optIon" for sworn pollce personnel clS set forth In GovernMent Code
SectIon 20024.2.
20.
PaId Holldavs.
----~---~---~--
There
hereIn.
shall be 12 paId holIdays
These holldavs shall be:
for perManent eMployees covered
9
e
e
New Year's Dav - January 1
Dr. Martln Luther Klng's Birthday - Januarv 15
LIncoln's Birthday - February 12
Washlngton's Blrthdav - Thlrd Monday in February
MeMorial Day - Last Monday in Mav
Independence Day - July 4
Labor Dav - Flrst Monday in SepteMber
AdMlsslons Day - SepteMber 9
COlUMbus Day - Second Monday 1n October
Veterans} Dau - Fourth Mondau in October
ThanksgiVIng Dav - Fourth Thursdav in NoveMber
ChristMas Day - DeceMber 25
All Other Holidays Declared by the City CounCil
Whenever any day listed herein as a pald holiday falls upon the
~irst or second day off of anu eMployee who has two (2)
consecutive days off} the day precedlno shall be deeMed the
holiday lf it falls on the first dav off} and the day follOWing
shall be deeMed the holiday if it falls on the second dav off 1n
11eu of the day listed. Whenever any dav listed here1n as a paid
holiday falls upon any day off of an eMployee who does not have
two (2) consecutlve days off1 the follOWing day shall be deeMed
the holiday for such eMployee.
In lieu of such holIdays} ellqible eMployees shall receIve one (1;
dav's extra pay for the pay per10d ln whIch the hollday falls
based upon the hourly rate eqUIvalent of the Monthlv ef~ectlve
salarv cOMputed to the nearest one-tenth of an hour.
21. ~2~!!!~n_b~2Y~~
Each perManent eMployee covered hereIn shall accrue vacation leave
w1th pay on the followlng baSIS:
A, Followlna cOMoletlon of the fIrst SlX calenda~ Months of
contInuous serVice, SIX (6) worklnq days.
B.
Thereafter,
serVIce, one
of servIce.
up to and includlna fIve COMpleted years of
(1) working day for each COMpleted calendar Month
c. Thereafter, up to and lncludlno ten COMpleted years of
servIce} one and one quarter (1.25) working davs for each
COMpleted calendar Month of servIce.
Do Thereafter, up to and lncludlno fIfteen COMpleted years of
contInuous serVIce, one and one-half (1 1/2) workIng days for
each COMpleted calendar Month of servIce; and
10
e
e
E, Upon cOMpletlon of T1Tteen years oT contlno~s serVlce and
thereafter. one and three-fourths (1 3/4) worklna days for
each cOMpleted calendar Month of serVlce.
F. Vacatlon beneflts wlll be accrued to a MaX1MUM o~ three tlMes
the partlcular eMployees's annual accrual rate,
22~ ~!~!_b~i~~~
SIck leave shall be deflned as follows:
A. Absence froM duty because of 111ness or off-The-Job lnJury~ or
exposure to contaqlous dlseases as eVldenced by cert1Tlcatlon
froM an accepted Medlcal authorlty; or
B. Absence frOM duty due to the death of a MeMber of the
eMplovee's IMMedIate faMlly, Meanlng spouse, Chlld. brother~
sister, parent, parent-ln-law~ stepparent, steDbrother~
stepslster, or any other relatIve Ilvlna 1n the saMe
household, provlded such leave as deflned 1n thIS subsectIon
shall not exceed flve (5) worklna days.
Each lncUMbent of a Ilne-1teM posltlon shall accrue slck leave
wlth pay on the followlng baSIS:
A. FollOWIng COMpletIon of SIX (6) calendar Months of cont~nuous
serVIce, SIX (6) workIng ddYs. Therea~ter up to and Includlng
ten (10) COMpleted years of serVIce, one (1) work1ng day for
each COMpleted calendar Month of ser~lce. Upon COMpletIon of
the tenth (10th) year of serVIce and therafter~ two (2)
workIng davs for each COMpleted calendar Month of serVIce,
D.
A COMpleted calendar
accrue 15 defIned as
has been 1n pay status
that Month.
Month for WhICh benefIts hereIn shall
a calendar Month 10 WhIch the eMployee
for eleven (11) or More workIng days In
C. For all eMployees covered hereunder, SIck leave shall begIn
wlth the flrs1 day of 111ness.
D. The foregolnq benefIts are CUMulatIve,
Total aCCUMulatIon 15 lIMIted to 130 days, except that those
eMployees who have heretofore aCCUMulated More than 130 days
shall not forfeIt such aCCUMulated SIck leave days prIor to
use.
E. Full-tIMe eMplOYMent, for the purpose of thls sectIon, shall
be construed as the forty (40) hour week regardless of the
hours actually worked In a calendar week. A lIne-IteM
1 1
e
e
poslt1on 1ncUMbent eMployed less than forty hours per week
shall accrue slck leave 1n proport1on of the slck leave for
full-tIMe eMploYMent as the nUMber of hours per week budgeted
ln that posltlon bears to the fortv (40) hour week.
F. DepartMent Heads shall be respons1ble to the Clty Manaaer for
the uses of slck leave. DepartMent Heads shall requlre proof
of lllness frOM an authorIzed MedIcal authorIty for SIck leave
ln excess of flve (5) consecutlve worklna days and Mav reqUlre
such proof for per10ds of less than flve (5) consecutIve
workIng days,
G. The DIrector of Personnel shall devlse standard1zed ~orMs and
procedures for the MaIntenance of s~ck leave records.
H. The rIght to beneflts under the slck leave plan shall contlnue
onlY durlng the perIod that the eMplovee lS eMployed bv the
CltV. ThlS plan shall not glve any eMployee the rIght to be
retalned 1n the serVlces of the CIty, or any rIght of cla1M to
sl~kness dlsab111tv beneflts after separat~on frOM the serV1ce
o~ the CltV.
I. Notwlthstand1ng anythlno contalned 1n thIS sectIon, no
eMployee shall be entltled to recelve any paYMent or other
COMpensatIon frOM the Clty whlle absent frOM duty by reason of
lnJurles or d1sablllty receIved as a result of engaglng 1n
eMplOYMent for Monetarv qaln or other COMpensatIon, or by
reason of engagIng 1n bUSlness or actlv1tv for Monetarv gaIn
or other cOMpensatlon.
J. Any eMployee who 1S absent because oT slckness or other
physlcal dlsablllty shall notlfy hls DepartMent Head or other
lMMedlate superIor offIcer as soon as pOSSIble but, ln any
event, durlng the f1rst day of absence.
K. If the eMplovee~s absence on SIck leave exceeds th1rty (30)
calendar days, eMployee Must SubMlt a stateMent and Medlcal
certIfIcate on an offlclal Cltv forM prlor to hIS beIng
granted reInstateMent to Clty serVlce,
L. At the wrItten request of the apP01nt1ng authorltv, the
Personnel DIrector May reqUIre an eMployee to SUbMIt to an
eXdMInat10n by the C1tV's Medlcal exaMIner, and 1f the results
of the exaMInatIon IndIcate that the eMployee 1S unable to
perforM hIS dutIes or In the perforMance of hlS dutles exposes
others to Infectlon, the eMployee shall be placed on
adMInIstrat1ve slck leave wlthout prlvlleae of reInstateMent,
untll adequate MedIcal eVIdence IS subMItted that the eMplovee
1S COMpetent to perforM hlS dut1es, or wlll not subJect others
to lnfect10n. Any eMployee so exaMlned shall have the rIght
to SUbMlt the reports of a COMpetent Medlcal authorltv of hlS
own selectlon, and at h1S own expense, In addltlon to the
12
e
e
report subMItted by the City Medlcal exaMlner. In the event
OT a confl1ct OT opinIon and/or reCOMMendations of the two
eXclM1ners. a th1rd exaMIner shall be selected bv the fIrst two
exaMiners, and a flnal decIsion shall be Made bv the Personnel
Board based on the three reports,
M. If an eMployee has 22 or More days of accuMulated sick leave
at the end of any contract year COMMenClnQ w1th the contract
vear beglnnlna July 1, 1982~ 1n the first pav per10d of July
of the followlnq contract year that eMplovee May:
(1) Convert unused slck leave to paYMent based upon the
hourly rate eQulvalent of the Monthlv effective salary on
the 30th of June precedIng the date of paYMent COMputed
to the nearest one-tenth of an hour as follows:
b~2~_Insrr_1Q_X~2t3_~~C~!~!
lQ_2t_~Qt~_X~~~~_~~ty!~~
. Days Used
Prlor to
End of
gQO!t!~! r~~r
. Davs
Avallable
fQt E~~
* Days Used
Pr10r to
End of
gQn!Cs~! r~~C
. Davs
Available
fQt E2~
o
1
2
6
5
o
1
12
1 1
1 0
9
8
7
6
3
4
5
4
3
2
2
6
6+
1
o
o
3
4
5
6
7
8
9
10
1 1
12
12+
5
4
3
2
1
o
o
(2) Elect on or beTore July 1~ to recelve paYMent as cOMputed
1n (1) above for one-half of the days ava1lable for
paYMent on the schedule 1n (1) above and convert the
reMaln1no one-half of the available days for paVMent to
vacat10n tlMe off on a day for day bas1s. Such
converSlon to vacat10n shall be onlv for lMMedlate use
and shall not accrue to the eMployee/s vacat10n balance.
That 1S, such converted vacat10n days shall be used
durlng the contract year where1n the optlon to convert 1S
exerclsed prov1ded that such beneflts shall not be
forfelted when an eMployee has Made reasonable atteMpts
to use theM but has been denled perMlss10n to do so bv
the DeoartMent. in wh1ch case the eMplovee Mav carry the
converted days lnto the next contract vear. Such
13
e
-
converted vacatlon days shall be used pr10r to the use o~
any other vacatlon days.
(3) Elect on or before July 1, to cause the paYMent ayallable
under the schedule 10 (1) above to be deposlted to hlS or
her account wlth the C1ty~S deferred cOMpensat1on plan
assuM1ng the plan can be so aMended.
PavMent for unused slck leave as speclf1ed 1n (1) and (2) above
shall be Made 1n a separate check rather than 1n the eMployee~s
regular payroll check.
N. In ~ddltlon to the benef1ts provlded 1n M above) any eMployee
subject to thlS MOU shall rece1ve a bonus of $250 1f h1S or
her slck leave usage 1n a contract year is less than the
average slck leave usage for all eMployees subject to th1S MOU
durlng the saMe contract year. The paYMent w1ll be Made by
separate check wlth1n 90 days after the end of the contract
vear 1n quest10n. In COMputlng the averaqe. no eMployee shall
be deeMed to have used More than 24 days of slck leave 1n the
contract year, lrrespect1ve of actual usage.
O. Total accuMulat10n as noted 1n D above lS IlMlted to 130 davs.
ThlS llMlt shall apply to all eMployees who have aCCUMulated
less than 130 days as of Julv 1> 1979, ThlS llM1t shall also
apply to eMployees who as of July 1, 1979 have already
aCCUMulated More than 130 days such that:
(1) No loss oT currently aCCUMulated slck leave shall occur,
and
(2) 51Ck days used shall be charaed flrst to the accrued days
1n excess of 130 davs, and
(3) No Further accrual shall occur unt11 the eMploYeeJs bank
drops below the 130-day IlM1t.
23. b!!~g_Qf_e~~gn~~_~!lbQQ1_es2~
An eMployee Mav be aranted a leave of absence w1thout pay upon
appllcatlon approved by the DepartMent Head and the C1tV Manager.
Such leave May not exceed one year~s tlMe. Upon exp1ratlon of the
leave~ the eMployee shall be relnstated to the posltlon held
before the leave was granted, w1th full senlorltv except that when
the leave 1S for More than 30 days, senlorlty rlgh~s shall extend
only to the date of COMMenceMent of the leave, Such leave shall
be granted only 1n those cases where an eMployee's record of
serVlce and quallf1cat1ons Make 1t deslrable for the Cltv to
retaln the eMployee's serVlces even at the cost of SOMe
lnconven1ence to the Clty.
14
e
e
24, ~!11!g~~_b~2~g~
A perManent eMployee covered hereln, who 1n t1Me o~ war or
natlonal eMerqency as proclalMed by the Presldent o~ the Unlted
States or the Congress of the Unlted States, or wh1le any natlonal
conscrlptlon act 1S 1n effect) 1S lnducted lnto the arMed forces
of the UnIted States or who leaves eMploYMent wIth the Clty to
enter voluntarlly the arMed forces and w1thln a reasonable tIMe
after leavlnQ eMploYMent wlth the C1ty does enter such serVlce,
shall be granted a leave of absence wIthout pay for the duratIon
of the perIod of actIve servIce WIth such arMed forces, If such
eMplo~ee receIves an honorable dlscharqe or lts equ~va1ent and the
posltlon stll1 eXIsts and the eMployee otherW1se IS quallfled to
fl11 the saMe, the eMployee shall have a rIght to return to the
posltlon WIth the CIty WIthIn SlX Months after the terMlnatlon of
such actIve serVlce but shall not have a rlqht to so return later
than SlX Months after the end of the war or after the tlMe the
Presldent or Congress proclaIMs the natlonal eMerqency 1S
terMinated, or after the expiratIon of the natIonal conscrlptlon
act. Such an eMployee shall recelve senlorlty and other credlts
on the saMe basls as thouqh the eMployee had reMaIned 1n the Clty
serVlce and had not taken such Mllltary leave, Leaves OT absence
WIth pay for teMpOrarY Mllltary duty shall be granted 1n
accordance wlth applIcable Tedera1 or state law,
25, Yn!f~r~_~!!~~!n~!~
Each eMployee OccupVlng a reQular full-t1Me posltlon or a
perManen~ and cont1nulng part-tlMe pos1t1on 10 the eMplOYMent
posltlon classlTlcatlons covered hereln, shall reCelye a Monthly
un1TorM Malntenance allowance of $40,00.
26, ~~Q!!rr~~!!~rr_~f_I~t~a~
The wages,
eMploYMent
work and
prIor to
MOU. shall
condltlons
hours of work and other terMS and conditIons of
covered by thlS MOU, 1ncludlna those wages, hours of
other terMS and condltlons of eMplOYMent 1n eXlstence
thls MOU although not speclTlcallv referred to by thls
const1tute the waqes~ hours of work and other terMS and
of eMplOYMent for the terM of thlS MOU.
27, IQ;!~2n_R~!~~g~~!~~n!~
The tU1t10n relMburseMent prooraM 1S deslgned to encourage
eMplovees to lMprove thelr Job SkIllS, to lncrease theIr value to
15
e
e
the Clty by pursulnq courses of study dlrectly related to thelP
work. and to asslst theM In preparlnq for future proMotlon wlthln
the Clty.
EMployees OCCUpYlna the posltlons llsted hereln who obtaln a
passlng qrade 1n a course or courses approved for relMburseMent by
the Pollee Chlef and the Personnel Dlrector wlll recelve
re1MburseMent for 75% of the tU1tlon costs up to a MaX1MUM aMount
of $100 per flscal year.
28. ~!l~eg!_R~!~Q~r~!~!n!~
Re1MburseMent to eMployees for the authorlzed use of personal
autoMoblles on Clty buslness shall be at the rate establlshed by
the Clty Councll.
29. b~nq~~!!Y-_~Q~~!n~~!!~n~
Each eMployee covered hereunder shall recelve addltlonal Monthly
cOMpensatlon at the rates and for the serVlce perlods set forth 1n
the followlng table:
~_E~~~!n!
r~2~~_~f_~~n!!nY~~~_~~r~!~!
2.77-
5.47-
8.i7.
Over flve (5) years to ten (iO) years
Over ten (10) years to flfteen (15) years
Over f1fteen (15) years
30. ~~~~a~!n~h!~_~~n~E~
EMployees covered hereunder who~ on a recular qual1fy~ng date~
atta~n and Malntaln a requIred degree of proflclency 1n
MarksManshlp shall be ellg1ble to recelve a Monthly bonus based on
the followlng schedule of cOMpensatlon and quallfYlng scores,
MarkSMan
Sharpshooter
Expert
Dlstlngulshed
220-239 out of a posslble 300 pts.
240-269 out of a posslble 300 pts,
270 or above out of a posslble 300
1710 pts. out of 1800 over a SlX-
Month parlod
~ 2.00
4.00
8.00
16.00
Weapon used to quallfy shall be an approved 38 Speclal SMIth and
Wesson. or Colt, double actIon revolver~ or other authorlzed
weapon. Bonus paYMents shall be contlnued for SlX Months after
qual~fYlng.
i6
e
e
31. er9~2!lQ~~1_E~~_R~!~~
In the event that the rate of pav beIng recelved by an eMployee
belng proMoted 1S equal to or greater than the entrance salary of
the new posltlon, the eMployee~s salary shall be lncreased to the
next hIgher rate to that attalned 1n the forMer pos1tlon. In the
event the proMot1on 1S to a superVIsory posItlon~ the eMplovee
proMoted shall receIve not less than the next hlgher rate above
the hlghest rate be1ng paid to subord1nates,
32, ~Q~k!~!~_~Q~~~n!~!1~~_k~~~~~
Workers~ COMpensatIon leave shall be 1n accordance WIth appllcable
Californ1a State Law.
33. I!~~=Qff_fQ~_~~EQe_~~~!rr!aa~
A MaXlMUM of thlrty (30) days t1Me w1th pay wlll be allowed for
each annual perlod of th1s MeMoranduM of understandIng to eMployee
representatlves as deslonated under SectIon 4,02 of OrdInance
NUMber 801 (CCS) Tor preparatlon for and partIc1patlon In Meet and
confer negotlatlons w1th the CItV. Account1na for and wrItten
prIor approval of SaId 30 workIng days pald t1Me shall be
MaIntalned ln the offlce of the Chlef of Pollce.
In addlTlon to the above tIMe off, autho~lzed representatlves of
SMPOA shall be entItled to T1Me-off WIth full pay for lawful
ASsoclatlon actlvItIes In an aMount equal to excess tIMe wo~ked by
affected eMployees wlthout COMpensatIon~ on an hour-fo~-hour
baSlS.
Each affected eMplovee shall be afforded an ooportunltu to work at
least four hours per year of such excess tIMe to aCCOMplIsh the
purposes descrIbed above.
The Clty shall Make avaIlable to the AssOclatlon, each Month, an
accountlnq of the nUMber of such excess hours worked bv each
affected eMployee w1thout cOMoensatlon durlng the pa~tlcular Month
(as well as the CUMulatIve total of the pa~tIcular fIscal year)
and of the total nUMber of such hours of tIMe-off worked bv
authorIzed ASSOCIatIon representatIve durIng such tlMe perIodS.
Sald excess
COMoensatlon
any unspent
over for use
hours worked by affected eMployees w1thout
shall be placed 1n a bank for the above purpose and
portlon at the end of a fIscal year shall be carrIed
1n subsequent fIscal years.
17
-
e
Said bank oT excess hours shall not be ut~lized for any tiMe-of~
benef~ts referred to above unless predesiqnated authorlzed
representatlves of SMPOA SUbMlt a pr~or wr~tten request to utll~ze
such tlMe and sald request has been approved by the Chief of
Pollce or hIS predes1gnated representatlve.
The deterMlnatlon bv the Ch1ef of Pollce as to whether the request
shall be approved shall be based on the needs of the Santa MonIca
Pollee DeparTMent,
34. ~~!!~~nf!_~~q_~~~R!~!n!_e~!!S~~
In the event any grlevance~ disputes or d1sagreeMents arIse
concern~nq Matters Within the scope oT representatlon of the
recognlzed eMployee organlzat1on, such qrlevance, dIspute or
dIsagreeMent shall be resolved as follows:
A. GrIevances, dIsputes or d~saqreeMents concernlng the
lnterpretatIon or appllcat~on of the terMS of th1s MOU shall
be resolved, 1f pOSSIble. by Meeting and conferrlnq 1n good
faith. If unresolved by such Meetings, the partIes shall
conslder SubM1tt1nq such 1ssues to MedIatlon as provlded by
Ordlnance NUMber 801 <CCS). In the absence of agreeMent to
Medlatel or faIlure of Medlatlon, or arbltratlon bv Mutual
consentl the Issue shall be resolved by an act10n 1n a court
of COMpetent JurIsdIction on Motlon by eIther partv,
B. Gr~evances, dlsputes or dIsaqreeMents lnvolvlnq reMovals,
deMotIons, or suspens10ns shall be resolved as prov~ded by the
CIV1I serVlce prOVIsIons of the Santa Monlca Clty Charter and
Munlc1pal Code. SubJect to the rlght to seek Jud1clal reVIew,
both part~es agree that they wlll be bound by:
(1) A deCISIon of the Personnel Board as to whether the
reMoval. deMotlon, or suspenSlon was W1th or wlthout Just
cause.
(2) A deCISIon of the Personnel Board that the reMoval.
deMotIon, or suspensIon IMposed bv the Clty was wlthout
Just cause and that SOMe lesser degree of dlsc1pllne
should be ~Mposed,
C. Other gr1evances, dIsputes or dlsagreeMents shall be resolved
as prOVIded by the ClVIl serv~ce prOVIsIons of the Santa
Monlca MunIc~pal Cods} prOVIded, however, that representat10n
by the recoqnlzed eMployee organIzatIon shall be llMlted to
grIevances, dIsputes or dIsagreeMents whIch cannot or have not
been resolved between the eMployee and hls lMMedlate
superv~sor or the eMployee and hIS departMent head.
18
e
.
Representat~on by the recogn~zed eMployee orqan~zatlon shall
be IlMlted, 1n thlS class of grlevance, to apoearances before
the lowest level of supervlslon not represented by the
eMployee orqan1zatlon, the departMent head, Personnel
D1rector, and the Cltv Manager.
35, E!~~~f~!_E!~fQ~~g~~!_Qf_~!!~_agt~!f!a~
A, It 15 Mutually understood and agreed that part1clpatlon by any
eMployee 1n
eMplOYMent
wa1ver of
offlclal.
a strlke or concerted work stoppaae terMlnates the
relatlonshlp 1n the absence of spec1flc wrltten
such terM1natlon by an authorlzed ManageMent
B. It 1$ Mutually understood and aqreed that none of the partles
hereto w1Il part1c1pate 1n and/or encourage, asslst, or
condone a strlke, concerted work stoppage, cessatlon of work.
slowdown, Slt down, stav awav, 111eqal pIcketIng or any other
Illegal forM of lnterference wlth or IlMltatlon of the
peaceful perforMance of Clty serVlces. In the event of any
such actlon> the Clty has avaIlable to It any and all reMedles
provlded by law.
c. The protectlon of the publlC health, safety and welfare
deMands that ne1ther the eMployee organlzatlon and Its MeMbers
nor any person act~ng 1n concert w1th theM shall cause,
sanct1on. or take part 1n anv strlKe, walkout, slt-down,
slow-down, stoppaqe of work, plcket1ng, retardlng of work,
abnorMal absenteelsM, wlthholdlng of servlce, or any other
111egal lnterference wlth the norMal work routlne,
D. The Clty agrees that there shall be no general lockout of
barqdlnlnq unlt MeMbers.
E, Both partles agree to exerClse qood falth 1n cOMplY1ng wlth
the terMS and condltlons of thls MOU.
F. The Personnel Dlrector shall reVlew the cOMpllance WIth thls
MOU at least once every SlX Months,
G. The prOV1Slons of thlS sectlon shall apply for the saMe terM
as thlS MOU or dur1ng any renewal or extens10n thereof.
36, ~gf!~~!Q_~Q~~!~~!!!~~~
It 1S hereby aqreed that eMployees covered here1n are ellglble to
partlclpate 1n the Clty~S deferred cOMpensatlon plan,
19
e
e
37. ~~g!~~1_2ng_Q~~le~_!U2~t~rr~~~
City agrees to furn~sh Med1cal and dental lnsurance coverage
essentially equal to that whIch was 1n effect for eMployees
covered hereunder on June 30, 1982. Ellglble dependents of sald
eMployees are to be 1ncluded under this benefit.
Optional prepald health Maintenance plans wlll be offered
hereunder. The City shall pay 100~ of the requ1red preMIuMS under
sald plans throuqhout the terM of thiS aqreeMent,
The SMPOA May exerClse on July 1, 1983, a one-t1Me option to
reopen thiS MOU on the Issue of Medlcal beneflts only 1f prlor to
July t, 1983, the City has not prOVided to eMployees subject to
thiS MOU fee-far-service Insurance coveraqe equal to or greater
than the eXlstlng Blue Cross coverage and MaJor Medical coverage
that prOVides 1007. coveraqe of usual and custOMary charges above
$5,000 (up to ~1,OOO,OOO.OO). In the event SMPOA exercises th1S
opt1on by prOViding written notice to City on or before July 1,
1983. the parties shall Meet and confer 1n good falth With the
objective of reachlng an aoreeMent, 1f anv, on Medical Insurance
on or before January 1, 1984.
38. gg~f2!!~~~!_!rr~!Q!1~~~
As an Incentive for educatlonal advanceMent, the C1ty shall pay an
aMount equal to three percent (3~) of the applicable base salary
after attalnMent of an InterMedlate Cert1f1cate frOM the State
COMM1SS1on on Peace OffIcers St~ndards and Tra1nlna (POST) or
attalnMent of an AA or AS degree 1n Pollce sCience or a related
f1eld frOM an accredIted colleQs or unlverslty; or an aMount equal
to SlX percent (6~) o~ the applicable base salary after attainMent
of an Advanced Certlflcate frOM the State COMMlss1on on Peace
Off1cers Standards and Tralnlng (POST) or attaInMent of a
Bachelor's deqree In Pollce SCIence or a related fleld frOM an
accredIted college or un1versIty.
All eMployees In the claSSIfIcatIons covered by thIS MOU who
COMMence eMplOYMent w1th the CIty after June 30, 1977 Must satIsfv
one of the followlnq reqUIreMents w1th1n any fiscal year ln order
to MaInta~n hIS or her rIght to cont1nue to receIve approprIate
educatIonal IncentIve bonuses dur1ng the next folloWlna fIscal
year.
In order to receIve the above IncentIve pay, the eMployee MUSt
also:
A. Successfully COMplete three or More seMester un1ts (4 1/2
quarter un1ts) of college Instructlon at an accredlted colleQe
or univers1ty each contract year~ or
20
~
e
.
B. Rece~ve at least 40 (~ortv) hours of tralnlng at a
DepartMent-authorlzed school or cOMblnatlon of schools each
contract year. Thls would lnclude schools attended by
o~~lcers wh~le on duty as well as varlOUS
DepartMent-authorlzed profess1onal seMInars avallable durIng
off-duty hours~ or
C. Part1clpate, and successfully cOMplete, a DepartMent-
sponsored research proJect, at least once each contract year,
WhICh has been authorIzed and approved bv the AdMIn1stratlve
SerVIces Bureau~ or
D. Successfully COMplete a course of Instruct~on, each contract
year~ authorlzed by the AdM1nIstratlve Bureau, that IS at
least one seMester 1n durat1on. ThlS course May be offered bv
eIther a pub11c or pr1vate 1nst1tut10n and May Include such
courses as those offered 1n adult educatIon classes at the
hlqh school level. An exaMple of an author1zed class would be
Introduction to COMputers or typIng.
39. IQa~t!U~~~
EffectIve July 1~ 1982~ a MaXIMUM of ~25.00 per Month per eMployee
shall be reM1tted by the Clty to SMPOA to cover the cost of
opt~onal Insurance prograMS 1f an eMployee elects such lnsurance,
SMPOA shall prOVIde proof of coverage for each eMployee rece~v~ng
thIS benef~t and shall SUbMit Monthly stateMents to the F1nance
DepartMent deta111ng the aMount to be pald on behalf of each
eMployee recelv~ng thlS benef~t.
40. ~2!l=~~sk_E2~~
Call-back pay shall be 1n accordance w1th the departMental Rules
and Procedures Manual COMMonly known as "The Red Book,>>
41. I~~~_Qi_8g~~~~€n!~
Th1S agreeMent shall be effectlve on July 1, 1982 and shall reMa~n
1n full force and effect untll June 30, 1985. It shall be
autoMatlcally renewed frOM year to year thereafter unless e1ther
partv notlf1es the other ~n wrlt~ng not later than March 1, 1985
(or 1n the event of an avtoMatlC renewal March 1 of the followlng
year> that 1t des1res to terMlnate or Mod~fy thlS aareeMent~ and
spec1flcally lndlcates requested Modlflcatlons. In the event that
such notlCe 1S q1ven, negot~atlons shall beg1n no later than Aprll
15th w~th a slgned contract des1red bv June 1st.
21
-
-
42. Qff~g~!~_E!l~!~q_aa~!qU~~Qla~
The partIes hereto agree that off-duty, full-tlMe sworn Pollce
personnel (lncludlng super~lsors) oT the Santa MonIca Pollce
DepartMent shall be exclusl~ely asslgned to serve as securIty for
fllMlng COMpanIes fIlMIng on locatIon wlthln the Santa MonIca CIty
lIMIts. EMployees so assIgned shall recelve a MlnlMUM of elqht
(8) hours pay at an hourly base salary equal to one and one-half
tlMes the then current hourly rate pald to an eMployee at the rank
of Step "E" Pollce OffIcer. The partIes hereto aQree that the
City May lnclude as charges or fees to the fllMlnq COMpany
adMlnIstratlve overhead costs. Such asslqnMents are expressly
condltloned uoon the fllMlng COMpany aqreelnq to pav to the CIty
all costs for and relatlng to the asslgnMent of such eMployee
lncludlng but not lIMIted to workersJ COMpensatIon Insurance
preMluMs for the purpose set forth 1n thIS ArtIcle. Such
eMplovees shall have the rIght to volunteer for thls ass~anMent bv
causlnq thelr naMes to be placed on an aVdllablllty lIst.
AssIqnMents shall be Made frOM that IlS~ on a rotatIng bas~s,
However, 1f an InsuffICIent nUMber oT volunteers are avallable
frOM that lIst to se~ve a partlcular proJect, the Clty Mav asslgn
any such eMployees who are wllllnq to work such proJect. The
DepartMent shall supplv the necessary two-way radIO COMMun~catlon
between the eMployee and the PolIce StatIon. SubJect to the
provlslons o~ thls Artlcle, the adMln~stratlon of thlS proqraM
shall be perforMed by the CIty at lts d~scretlon and thls Artlcle
shall be prOMulgated as Pollee DepartMent rules and regulatlons.
43, ~2n~E_f~~_~L~_~~~!~~~~a~
PolIce OffIcers and PolIce WOMen not cGntInually asslgned to a
4/10 work schedule shall receIve for each pay perIod a bonus of
$40.aO for such asslgnMent subject to the follOWIng:
A. The bonus IS paId wlth the express understandlnq that the
bonus shall dlscontlnue upon the reasslqnMent to a 4/10 work
schedule.
B, Any reass1gnMent resolt1ng 1n the dlscontlnuance GT the bonus
shall not constltute a deMotlon under CIty Charter SectIon
1110 and Munlclpal Code Sectlon 2105.
c. The SMPOA shall not assert, nor represent or prov~de
represen1atlon to any MeMber 1n assertIng, that the
d~scontlnuance of the bonus constltutes a deMotlon under Clty
Charter Bectlon 1110 and Mun1clpal Code Sectlon 2105,
D. Both partles acknowledge that the Ch1ef of PolIce retaIns the
authorlty to freely aSS1QO pollce offIcers to and frOM
22
~
e
e
asslqnMents on a 5/8 or 4/10 work schedule and that the bonus
provIded for 1n thlS SectIon IS deSIgned solely to cOMpensate
pollce offIcers for out-o~-pocket expenses assoclated WIth
the1r 5/8 work schedule.
E. The bonus wIll be paId at a flat rate In each pay perlod and
does not Increase the eMployee's base or effectIve rate of pay
for purposes of COMput1ng overtiMe, slck leave payoff or other
pays.
44. ~~~p-Qn~_~~3~h~Cg~_R~~!!~~
The procedures for revIewIng the dIscharge of a weapon shall be
th~t procedure contalned In the PolIce DepartMent's "Red Book" as
of the effectIve date of thIS MDU.
45. ~g~~!!Qnt~!~!_b!g~!_~Ql!f!~2!!~n~
The CIty shall provlde notIfIcatIon to each affected eMployee on
at least one occaSlon per Month of the then current balance of
saId eMployee's accrued SIck leave and vacat10n benefIts.
46. S~~lQ~~~_e~~k~nq~
It lS hereby agreed that the Clty WIll Make everY effort to
MaIntaIn free parkIng as 1t presently eXIsts for CIty eMployees at
CIty faCIlItIes. It 15 expresslY understood that thlS aqreeMent
IS not Made In perpetulty but, rather, for the terM of thIS
contract.
47. eg~n~~_~DQQ~
If~ durlng the terM of thiS agreeMent, the City prOVides an aqencv
shop provlslon to any other recoanlzed eMployee associatlon, the
parties shall aMend thiS MOU to provlde an eqUivalent agency shop
provlslon conslstent W1th GovernMent Code Section 3502.5,
prOVided, however, that the agency shop prOViSion shall apply only
to eMployees who occupy the pOSitIon claSSificatIon of Police
DTficer or Police WOMan. EMployees Occupvlng the pOSition
classlflcatlons of Pollce Serqeant, Police Lieutenant and Police
Captain shall not be subJect to the agency shop provislon.
23
,
e
.
48. ~g!~~!~~L
Salar1es OT C1ty eMployees 1n Ilne-lteM poslt1ons shall be on a
Monthly rate, pa1d on a bIweekly basIs. In lleu of the bIweekly
equ1~alent to the Monthly rate. the CIty Manager May T1X the
cOMpensatIon of any posltlon at an hourly rate. In poslt1ons for
whIch the work week 1S forty (40) hours, the hourly rate shall be
deterMIned by dIVIdIng the bIweekly rate by eIghty (80).
EffectIve July 1, 1982 the E-Step salarles 11sted 1n ExhIbIt ~A"
shall be lncreased by elqht percent <87.).
Ef~ectlve July 1. 1983 the sald E-Step salarles shall be Increased
by an addltlonal ten and one-half percent (10.5%).
EffectIve Julv 1, 1984 the saId E-Step salarIes shall be Increased
by an addltlonal ten and one-half percent <10.5~).
49, ~L19_e!!n~
Under the dIrectIon of the Deputv Cltv Manager, a study shaLl be
undertaken to exaMIne the benefIts and detrlMents of expandlna the
4/10 Pldn to all sworn personnel. The study Methodoloay WIll be
developed and the study conducted WIth partlclpatlon frOM SMPOA
and the Pollce Chlef, The wrItten report WIll be COMpleted b~
Julv 1, 1984. The recoMMendat~ons of the study shall be IlMlted
to whether or not the 4/10 Plan shall be so expanded.
24
~
e
j
Exhlblt "A"
Prlor to the effectlve date of thlS MOU, the liE" step of salarIes
for all eMployees covered hereunder was as follows:
Pollce CaptaIn
$3130
Pollee Lleutenant
$2787
Pollce Sergeant
$2418
PolIce Df'.fI.cer
$2065
Pollce WOMan
$2065
25
.....
-
.
IN WITNESS WHEREOF, the partles hereto have caused thls
MeMoranduM of Understandlno to be executed thlS
_t~E~_ day of ____~EE~~___~____, 1982.
Santa Monlca Pollce
Offlcers AssOclatlon
ManaqeMent Offlcials
Clty of Santa Monlca
BY~~
Approved as to forM:
B v _ _lb~~~_~~~:---",~_ ~
Clty Attorney
'-
26