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12 SLMO 2022 Memorandum of Understanding Management employees may be assigned to perform a substantial portion of the duties of permanent position in a higher classification on a temporary basis. Such assignments shall be termed “acting assignments” and shall be made by the Department Head only, with City Manager approval. Acting assignments shall be made only in those instances where the acting employee is required to perform a substantial portion of the duties and responsibilities of the position for which the employee is acting. Acting pay shall not be authorized for periods of less than five (5) workdays. Acting pay shall be that certain step in the salary range of the higher classification which generates an increase above the acting employee’s current salary of not less than five percent (5%). Section 12.0 Bilingual Pay Management employees certified by the City as bilingual will receive two hundred ($200) dollars per month bilingual pay when they are required to use a second language. Bilingual skills shall be necessary to the operation of the City, as determined by the Department Head, and confirmed by an appropriate certification process established by the City. Bilingual pay shall apply to the following languages: Spanish, Chinese, American Sign Language and other languages as determined by Human Resources. Section 13.0 Employee Defense and Indemnity In the event that all or part of a claim or judgment is for punitive or exemplary damages in any action otherwise governed by Section 825 of the Government Code and upon request of the employee against whom such claim or judgment is rendered, the City agrees to consider whether the findings set forth in Section 825(b) (1) through (3) may be made. This provision in no way obligates the City to pay punitive or exemplary damages unless it in fact makes those findings. Section 14.0 Layoff The appointing authority may lay off an employee in the competitive service because of material change in duties or organization or shortage of work or funds. If, by reason of expiration of a leave of absence, reduction in personnel, demotion to the class, or other cause, there are more employees in any class in the full-time competitive service than there are available positions in that class, the employee last employed in the class shall be laid off; if such employee obtained such position by promotion, they shall be demoted to the lower class from which they were promoted rather than be laid off. Layoff or demotion shall be based upon the amount of seniority an employee has in the classification they are occupying (i.e., the employee with the least amount of seniority in the class shall be the first to be laid off or demoted, if job was obtained by promotion). Forty (40) days before the effective date of a layoff, the appointing authority and/or designee shall notify Human Resources of the intended action with reasons therefore, 503