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12 <br />SLMO 2020-21 Memorandum of Understanding <br />Section 11.0 Application of Pay Rates <br /> <br />Management employees may be assigned to perform a substantial portion of the duties <br />of permanent position in a higher classification on a temporary basis. Such assignments <br />shall be termed “acting assignments” and shall be made by the Department Head only, <br />with City Manager approval. <br /> <br />Acting assignments shall be made only in those instances where the acting employee is <br />required to perform a substantial portion of the duties and responsibilities of the position <br />for which the employee is acting. Acting pay shall not be authorized for periods of less <br />than five (5) workdays. <br /> <br />Acting pay shall be that certain step in the salary range of the higher classification which <br />generates an increase above the acting employee’s current salary of not less than five <br />percent (5%). <br /> <br />Section 12.0 Bilingual Pay <br /> <br />Effective October 1, 2020, management employees certified by the City as bilingual will <br />receive two hundred ($200) dollars per month bilingual pay when they are required to use <br />a second language. Bilingual skills shall be necessary to the operation of the City, as <br />determined by the Department Head, and confirmed by an appropriate certification <br />process established by the City. Bilingual pay shall apply to the following languages: <br />Spanish, Chinese, American Sign Language and other languages as determined by <br />Human Resources. <br /> <br />Section 13.0 Employee Defense and Indemnity <br /> <br />In the event that all or part of a claim or judgment is for punitive or exemplary damages <br />in any action otherwise governed by Section 825 of the Government Code and upon <br />request of the employee against whom such claim or judgment is rendered, the City <br />agrees to consider whether the findings set forth in Section 825(b) (1) through (3) may be <br />made. This provision in no way obligates the City to pay punitive or exemplary damages <br />unless it in fact makes those findings. <br /> <br />Section 14.0 Layoff <br /> <br />The appointing authority may lay off an employee in the competitive service because of <br />material change in duties or organization or shortage of work or funds. If, by reason of <br />expiration of a leave of absence, reduction in personnel, demotion to the class, or other <br />cause, there are more employees in any class in the full-time competitive service than <br />there are available positions in that class, the employee last employed in the class shall <br />be laid off; if such employee obtained such position by promotion, they shall be demoted <br />to the lower class from which they were promoted rather than be laid off. Layoff or <br />demotion shall be based upon the amount of seniority an employee has in the <br />classification they are occupying (i.e., the employee with the least amount of seniority in <br />the class shall be the first to be laid off or demoted, if job was obtained by promotion). <br />368