Loading...
1997-010-Approve The MOU Between The Town and POARESOLUTION 1997 - 10 RESOLUTION OF THE TOWN OF LOS GATOS APPROVING MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE TOWN OF LOS GATOS AND POLICE OFFICERS' ASSOCIATION (POA) BE IT RESOLVED, that, on behalf of the Town of Los Gatos, the Town Manager is authorized to sign the 1997 -98 Memorandum of Understanding (attached). PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 3rd day of February, 1997 by the following vote: COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Jan Hutchins, Linda Lubeck, Mayor Joanne Benjamin. NAYES: None ABSENT: None ABSTAIN: None SIGNED:l� �,- MAYOR OF THE TOWN]OF LOS GATOS "LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS)GATOS LOS GATOS, CALIFORNIA MGRI 12 NASHARE\MGR02039.9 [UW" 7 AGR: ! , 1i 91-t: — Rc�e�! %'10 MEMORANDUM OF UNDERSTANDING BETWEEN F31Di THE TOWN OF LOS GATOS AND THE LOS GATOS POLICE OFFICERS ASSOCIATION THIS AGREEMENT, SIGNED ON 7 I ENTERED INTO AS OF JANUARY 1, 1997, BETWEEN THE TOWN OF L S ATOS, HEREINAFTER REFERRED TO AS THE "TOWN ", AND THE LOS GATOS POLICE OFFICERS ASSOCIATION, HEREINAFTER REFERRED TO AS "POA ". Pursuant to Town Resolution 1974 -41 of the Town of Los Gatos and Section 3500 et. seq. of the Government Code, the duly authorized representatives of the Town and POA, having met and conferred in good faith concerning the issues of wages, hours, and terms and conditions of employment, as herein set forth, declare their agreement to the provisions of this Memorandum of Understanding. FOR THE TOWN: W. Pi r Newfiatin2 Team L � Larry T Town Negotiating Team Carla Turner Town Negotiating Team Jeff To ATT ST: MARTMN TOWN CLE 4 Team 1. •' * Randy Villata POA President John Pernick �OA Negotiating Team POA Negotiating Team POLICE OFFICERS ASSOCIATION AND TOWN OF LOS GATOS MEMORANDUM OF UNDERSTANDING (January 1, 1997 - December 31, 1998) TABLE OF CONTENTS Section Lik Pa= I Preamble 1 2 Term 1 3 Employer - Employee Relations .......................... 1 4 Non - Discrimination 1 4.1 General Provision regarding ADA ........................ 2 5 Salary .......................................... 2 6 PERS Benefits/Town Contribution ........................ 2 7 Education Incentive Pay ............................... 2-3 8 Special Pays ...................................... 3 9 Field Training Officers ............................... 3 10 Acting Supervisor Pay ................................ 3 11 Reimbursement of Expenses ............................ 3 12 Insurance Programs and Rate of Town Contribution ............. 4 13 Family Medical Insurance Premiums ...................... 4 14 Cash Allocation Program .............................. 5 15 Uniforms 5 16 Mileage Reimbursement ............................... 5 17 Payroll Periods .................................... 5 18 Paychecks ........................................ 5 19 Deferred Compensation ............................... 6 20 Overtime 6 21 Duty Extension .................................... 6 22 Call Back ........................................ 6-7 23 Vacation Schedule .................................. 7 24 Vacation Overtime Cash-out ............................ 7 25 Holidays and Holiday Pay ............................. 7-8 26 Sick Leave ....................................... 8 27 Sick Leave Cash-out Program ........................... 8-9 28 Military Leave ..................................... 9 29 Breavement Leave .................................. 9 30 Leave Without Pay .................................. 9 31 Maternity Leave/Family Leave/Medical Leave ................ 9-10 32 Accrual of Benefits .................................. 10 33 Worker's Compensation ............................... 10 34 Jury Duty ........................................ 10 35 Outside Employment ................................. 10 36 Residency Requirement ............................... 10 37 Layoff Policy ..................................... 10 38 Vehicles 11 39 Promotions ....................................... 11 40 Probationary Period ................................. 11 41 Performance Evaluations .............................. 11-12 42 Reinstatement 43 Re-Employment .................................... 44 Grievance Procedures 45 Equal Employment Opportunity Grievance Procedure ........... 46 Attendance 47 Completeness of MOU ............................... 48 Association Notification or Communications ................. 49 Catastrophic Time Bank ............................... 50 Reopener ........................................ 51 Me Too Clause 12 12 12-13 14-16 16 16 16 16 16 16 Appendix A - Biweekly Salary Schedule .................... A-1 -A-4 Town of Los Gatos and Los Gu,os Police Officers Association Comprei.cnsive Memorandum of Understanding on Salaries, Fringe Benefits and Working conditions 1. Preamble The authorized representatives of the Town of Los Gatos, hereinafter referred to as the "Town" and the authorized representatives of the Town of Los Gatos Police Officers Association hereinafter referred to as "Association" do jointly accept and agree to all the terms and conditions of employment set forth in this comprehensive memorandum of understanding pursuant to Town Resolution 1974 -41 of the Town of Los Gatos. This understanding shall apply to represented employees assigned to those classifications listed on Appendix "A" when classifications are created which fall under the representation of POA, this understanding shall also apply. The terms and conditions of employment set forth in this understanding have been discussed in good faith by the authorized representatives of the Town and the authorized representatives of the Police Officers Association. They agree to recommend acceptance by the employees of all terms and conditions set forth herein. Following said acceptance by the Association, authorized representatives of the Town agree to recommend to the Town Council that all terms and conditions set forth herein be approved by resolution. Upon adoption of said resolution, all terms and conditions so incorporated shall become effective without further action by either party. 2. Term The term of this Memorandum of Understanding shall be for two (2) years commencing on January 1, 1997 and terminating on December 31,1998. 3. Employer- Employee Relations The Association recognizes the existence of Town Resolution 1974 -41, and its successor if any, during the term of this MOU. Recognition of any amendments to this resolution does not imply P.O.A. has agreed to the changes. 4. Non - Discrimination The Town and Association agree that all provisions of this agreement shall be applied equally to all employees covered herein without favor or discrimination because of race, creed, color, sex, age, national origin, political or religious affiliation, Association membership or activity on behalf of the Association, marital status or sexual preference, or physical or mental disability. Association and Town support affirmative action in hiring, and will support all State and Federal regulations regarding affirmative action. MGR033 A: \MOU \POAMOU97.FNL 1- 01/01/97 4.1 General Provisiv i regarding Americans with DisabilitieS Act A. Because the ADA requires accomodations for individuals protected under the Act, the Association recognizes the Town's obligation to comply with all provisions of the ADA on a case -by -case basis. B. The Association recognizes that the Town has the legal obligation to meet with the individual employee to be accommodated before any adjustment is made in working conditions. The Association will be notified of these proposed accommodations. C. Any accommodation provided to an individual protected by the ADA shall not establish a past practice. Salary Effective February 9, 1997 the salary schedule listed in Appendix A to this memorandum shall be in effect. 6. PERS Benefits /Town Contribution There shall be no change in PERS benefits provided by the Town during the term of this agreement. The Town shall continue to pay the employee's portion of PERS retirement. The Town will amend the PERS contract to include a higher level of Surviviors Benefits provided that the actuarial that is being conducted by PERS shows no increase in cost to the Town. 7. Education Incentive Pay The Town shall provide an educational incentive pay program with incentive payments. Qualified employees shall receive one of the following payment amounts in accordance with Appendix A: a. Employees in their represented classifications who have been awarded an Intermediate POST Certificate: An additional 2.1 % of base salary b. Employees in their represented classifications who have been awarded an Advanced POST Certificate: An additional 3.5 % of base salary Educational pay shall be available to employees effective the first full calendar month after meeting qualifications for the remainder of the current fiscal year and the following fiscal year. At the employee's discretion, he /she may request the qualification for incentive pay be deferred for credit during the next fiscal year. Thereafter incentive pay should be available on a fiscal year basis with yearly requalification completed by June 30th of the second year for payment following two fiscal years. Requalification is required every two years and shall be obtained by successful completion of three semester units, four quarter MGR033 A: \MOU \POAMOU97.FNL -2- 01/01/97 units, or forty training .lours taken off -duty at employee expense, except as provided in this memorandum. Qualifying units or hours to be approved in advance by the Chief of Police. POST accreditation of training courses is not required. Employees who participate in the educational incentive program and have a satisfactory performance evaluation shall be entitled to longevity pay on their anniversary date as follows: Fifteen (15) years, an additional 2.5% of base salary. Twenty (20) years, an additional 2.5 % salary of base salary. 8. Special Pays Town shall provide a 5% pay incentive to Association represented personnel assigned to Motorcycle Duty, Detectives, Crime Prevention Officer, and Juvenile Officer. Assignment for special pay purposes shall be done using Town Personnel Action Forms. Officers removed from specialty positions on a temporary basis for departmental purposes and through no fault or request of their own shall continue to receive specialty pay for a maximum of 30 calendar days. The Town will pay an additional 2.5 % above base pay for bilingual ability. Bilingual pay will be for Spanish and English only. The Town will determine the qualifying criteria including the test and the application to the specific job assignment. Officers are limited to one specialty pay plus bilingual pay. 9. Field Training_ Officers In addition to the above special pays, officers certified as Field Training Officers shall also receive the 5 % incentive while providing Phase II Training to regular and reserve officers. 10. Acting Supervisor Pay Acting supervisors shall be compensated at the "E" Step of the Sergeant's rate of pay. Town shall periodically review the actual time use of acting supervisor designations in order to determine the necessity of additional permanent supervisory personnel. 11. Reimbursement of Expenses The Town shall pay claims for reimbursement within 30 days following the complete and accurate submission of claims as approved by the Finance Director. MGR033 A: \MOU \POAMOU97.FNL -3- 01/01/97 12. Insurance Programs and Rate of Town Contrib tion Dental Town contribution of $58.00 per month for those employees who have chosen the family medical insurance coverage provided in Article 13. Effective August 1, 1993, the Town will contribute $65.00 per month. Medical The Town will provide a choice of coverage under the Public Employees' Retirement System Health Benefits Medical Program. Life Coverage of $50,000 plus $50,000 accidental death: Town to pay for premium. Additional life insurance may be purchased by the employee equal to once or twice the employee's base salary, not to exceed $200,000. Disability Short Term Disability Policy effective 8th calendar day; coverage of 60% of weekly earnings up to maximum of $1,155 /week for 12 weeks. Long Term Disability benefits begin on the 91st day of disability; coverage of 60% of monthly earnings up to a maximum of $5,000 /month. The POA agrees to eliminate the Short Term Disability Policy and modify the Long Term Disability Policy to begin on the 31st day of disability at such time as there is concurrence from the other Town employee ogranizations. Employee Assistance Program Premiums shall be paid by the Town. Unemployment insurance premiums shall be paid by the Town to provide State coverage. 13. Family Medical Insurance Premiums In lieu of the cash allocation plan found in Section 13, the Town will provide payment of medical insurance premiums equal to the cost of Kaiser North Family Medical Insurance Program offered by the Public Employees' Retirement System Health Benefit Medical Program. The determination is whether this benefit is provided must be made on individual basis upon employment with the Town, and during the Town's open enrollment period of each year thereafter. Employees opting for this medical insurance will not participate in the pre -tax contribution plan. MGR033 A: \MOU \POAMOU97.FNL -4- 01/01/97 14. Cash Allocation Prograifl The Cash Allocation program will be $404.52. Benefits which can be purchased by the cash allocation plan include medical insurance and dental insurance. These benefits are available on a pre -tax basis. Employees may also choose to receive part or all of their cash allocation plan in cash. Any amount received in cash is taxable. Employees choosing to receive taxable cash will receive it in two equal amounts in December and June. Employees choosing to use cash allocation plan funds for medical insurance must pay all medical premiums from the allocation prior to receiving a cash allocation. 15. Uniforms Town to provide first four uniforms (per Town approved list) to new employees. The Town will replace authorized uniform items damaged in the performance of duty as approved by the Chief of Police. 16. Mileage Reimbursement Town directed and authorized use of personal automobiles by an employee to conduct official Town business shall be reimbursed at the official Town mileage rate. This rate shall be tied to the rate in effect for the State of California and should be automatically adjusted in accordance with that rate on July 1 of each year, except that the rate shall not exceed the IRS limit for reportable income. Mileage reimbursement requests must be submitted within 30 days of the date accrued. 17. Payroll Periods The Town and Association agree to the continuation of a biweekly payroll period. The following conditions are in effect. a. Employee pay shall not be withheld more than seven (7) calendar days from the end of the payroll period, however, a maximum of two days overtime may appear on the next payroll period if it is worked following the submittal of time sheets, or during a pay period with a Town holiday which requires early submittal of time sheets and early distribution (before Friday) of pay checks. This may also occur at the end of the fiscal or calendar year. b. The Town shall provide an optional automatic check deposit system for use by employees at a local (Los Gatos) financial institution. The automatic check deposit at Commonwealth Credit Association shall continue to be available to all employees. 18. Paychecks Payroll deductions and accruals shall appear on all paychecks. MGR033 A:NOUPOAMOU97.FNL -5- 01/01/97 19. Deferred Compensali. The Town shall continue to offer a program of deferred compensation to its members in the represented classifications. The Town makes no representation on the merit of the plan nor any of the investment products or instruments which may be offered by the plan. The responsibility for evaluating the options within the plan is the responsibility of the individual participant. The Town shall not be obligated to offer more than one Deferred Compensation carrier. 20. Overtime Overtime is that time beyond any scheduled tour of duty All overtime worked shall be compensated at time and one -half. The employee may choose whether overtime worked shall be accumulated as CTO or paid out subject to a maximum accumulated overtime (CTO) of one hundred (100) hours. The CTO cap is 100 with the condition that no more than 50 working hours maximum time off will be allowed in conjunction with any other leave. Annual review of the impact of those changes will occur to determine if there is any adverse impact on scheduling. For private duty contracts, officers may only receive pay . Overtime is to be approved by a supervisor as soon as practical. Overtime payroll sheets are the responsibility of the employee to have approved and forwarded to the division commander by the appropriate payroll deadline. 21. Du I3: Extension Compensation is made for actual time worked and shall be computed in minimum quarter - hour blocks. Personnel whose work hours would normally terminate within one hour or less from the time of the scheduled court, meeting, or training commencement will be compensated from the termination of their normal work hour through the termination of the scheduled event. Duty extension is paid at time and one half. 22. Call Back Requests that personnel return to duty, attend mandatory meetings, court appearances and training classes are call backs and compensated at a 3 hour minimum or actual time, whichever is greater. Mandatory meetings where a minimum of two weeks notice has been given are not a call back and will be compensated at a one (1) hour minimum or actual time worked whichever is greater. MGR033 A: \MOU \POAMOU97.FNL -6- 01/01/97 Call backs for officers assigned to Watch I (midnight shift) who have worked the night before shall receive a minimum of 4 hours. Personnel are considered on duty for the duration of a call back. Court appearances - hearings - depositions: Required off duty attendance at judicial or administrative hearings is compensated at a 3 -hour minimum (4 hours for midnight if shift worked the night before appearance), or actual time, whichever is greater. Should there be more than one appearance, including separate court locations, within the 3 or 4 hour time period, only one minimum will be granted. Call back is paid at time and one half. 23. Vacation Schedule The following vacation schedule shall apply to all employees: Months of Employment Accrual Rate 0 to 36 months 10 days per year - 3.08 hours per pay period 37 to 60 months 15 days per year - 4.62 hours per pay period 61 to 120 months 20 days per year - 6.16 hours per pay period 121 to 180 months 23 days per year - 7.08 hours per pay period 181 months and over 25 days per year - 7.70 hours per pay period Maximum accrual of vacation hours shall be 344 hours. All represented employees will be eligible to annually cash -out one week of vacation based upon accruals as of November 30th. Cash out will be paid during the month of December. 24. Vacation and Overtime Cash -out Employees who terminate from Town service shall have all accrued vacation and overtime cashed -out. Employees who terminate (retire, or resign) from Town service will have all accrued vacation and overtime cashed out effective the last full work -day with the Town. This will terminate their status as an employee of the Town. 25. Holidays and Holiday Pay The following holidays will be observed by non - uniform personnel: January lst. 3rd Monday in January. the 3rd Monday in February. the last Monday in May. July 4th. the first Monday in September. Thanksgiving Day. MGR033 A: \MOU\POAMOU97.FNL -7- 01/01/97 tl ',riday following Thanksgiving Day. December 25th. Four hours on December 24 and December 31. Every day declared a Holiday by the Mayor as a result of a national holiday declared by the President or State Governor. Holidays which fall on Saturday shall be observed on the Friday prior and holidays which fall on Sunday shall be observed on the following Monday. Uniform personnel assigned to shift work (Patrol and Traffic) shall receive compensation in -lieu of holiday time off equal to eighty (80) hours of base pay annually. Forty (40) hours of holiday pay will be received in the last payroll of November and the second forty (40) hours will be received in the last payroll of May, and will be included on the regular check. Employees shall have the option of either taking personal leave off equal to twenty (20) hours of base pay annually, or receiving in -lieu compensation equal to same if the personal leave is not used by the end of November. Employees may use personal leave hours during the month of December; however, employees desiring to receive compensation for those hours shall do so in conjunction with the annual cash out in November. In the event that an additional holiday is observed by the Town during the term of this agreement, the in -lieu compensation shall be increased by the additional hours holiday time made available to non - uniform personnel. 26. Sick Leave Accumulation rate shall be 8 hours per month (3.70 hours per pay period) with a maximum accrual of 1180 hours. The Town may require association represented employees to provide a doctor statement of proof of illness for any use of sick leave beyond one working day. 27. Sick Leave Cash -Out Program Employees who terminate employment with the Town for any reason other than retirement, may cash -out their accumulated sick leave as follows: Months of Employment 1 -59 months 60 -119 months 120 months or more 25% 37 1/2% 50% In order to be eligible for the sick leave cash -out program, an employee must have a sick leave accrual balance of at least 200 hours at the time of termination. All employees who retire may convert 100% of this accumulated sick leave to a dollar equivalent at their hourly rate of pay at the time of retirement. This amount shall be held in an account. The MGR033 A: \MOU \POAMOU97.FNL $- 01/01/97 employee's portion of medical insurance premium payment be withheld from their monthly retirement payment by PERS. The Town agrees to pay the retiree quarterly in advance on the first pay period of January, April, July, and October of each year after retirement. The first payment will be pro -rated to the nearest quarter. Retiree's (including dependents of the retiree) portion of medical payments will be paid from this account by the Town until all monies are depleted from the account. This account will not accrue interest and will not be paid in cash to the retiree or any beneficiaries. The retirees shall be responsible for 100% of their share of future medical insurance premiums once the account is exhausted. Employees may cash -out up to 40 hours of their accumulated sick leave at 50% of current salary in December each year. 28. Military Leave Military leave and benefits shall be granted in accordance with State and Federal Law, including the continuation of employee salary and benefits if applicable. Generally, employees with more than one year service will receive up to thirty (30) calendar days of paid military leave annually while engaged in military duty ordered for purposes of active military training. 29. Bereavement Leave Up to five (5) days available per occurrence -- use limited to spouse, parent, grandparent, child, or sibling by blood or marriage. It is recognized that bereavement leave is separate from employee's accumulated sick leave, vacation or CTO. 30. Leave Without Pav Leave without pay shall be subject to approval of the Chief of Police and the Town Manager. An employee who is on leave without pay shall not earn any employment benefits (including, but not limited to, such benefits as vacation leave, medical benefits, sick leave, retirement, credit for time employed or seniority entitlement of any kind) for the duration of such leave. Vacation or sick leave or time worked shall not be used intermittently during an extended leave to interrupt a determination that an employee is on leave without pay. 31. Maternity Leave /Family Leave /Medical Leave The Town recognizes that State Government Code 12945 requires the recognition of maternity as a bona fide non-job-related. disability with applicable leave benefits. The MGRO33 A: \MOU \POAMOU97.FNL -9- 01/01/97 Town also recognizes & Government Code 12945.2 and amei lent of Chapter 827 and Federal Government Code 29 regarding Family and Medical Leave. The Town will take action to inform employees of the current provisions of laws affecting these leaves. The Town may, at its discretion, approve leave beyond the specific amount provided above. 32. Accrual of Benefits Benefits shall not accrue to employees on unauthorized leave, suspension without pay, or leave without pay. 33. Worker's Compensation Employees shall be provided benefits in compliance with State law. 34. Jury Duty Employee salary and benefits shall be continued during jury duty; employee turns over to the Town any compensation from the courts or other source of jury duty on regular work days. 35. Outside Employment Outside employment shall be subject to approval of the Chief of Police and the Town Manager; no security work within Town limits; no use of Los Gatos uniform, badge, ID, or LG issued items; vacation or CTO to be used for court appearances resulting from private employment. 36. Residency Requirement There is no residency requirement for represented employees. 37. Layoff Policy Association recognizes the right of the Town to determine the resources to be made available to the police department. Although a reduction in force (layoff) is not anticipated, it is recognized that it is the sole right of the Town to determine when such reductions in force are necessary. Reductions in force shall be by classification with the determination of affected employees by the Town based on seniority counted as total time employed by the Town. Affected employees shall be provided a minimum thirty (30) calendar days notice of layoff. Employees in the classification of Police Sergeant and designated for layoff shall have the right to return to positions previously held with the Town and represented by the Association. MGR033 A: \MOU \POAMOU97.FNL -10- 01/01/97 38. Vehicles Town shall advise POA no later than sixty days prior to Town development of vehicle specifications for patrol vehicles. POA shall submit recommended specifications for vehicle purchase no later than thirty (30) days after receiving the notice from the Town. 39. Promotions The Town and Association agree that it is in the best interest of both the Town and its employees to foster promotion of incumbent employees. The Town and Association recognize the Town's sole right to determine the examination process for the selection of Town employees. Qualified employees who are invited to participate in the examination process shall be allowed up to two (2) hours time -off from regularly scheduled work in order to participate in the examination process if the examination process is scheduled during the employee's normal work period. To the best of its ability, the Town shall maintain a current promotional list for the position of Police Sergeant. 40. Probationary Period The Town and the Association agree that all original appointments to the rank of Police Officer will include a probationary period of 18 months from date of hire to allow the department to fully evaluate the officer following the academy and FTO training. Individuals hired as a lateral transfer must have a valid P.O.S.T. Basic Certificate at the time of hire and will be subject to a 12 month probationary period. Any individual on an 18 month probationary period will be eligible to receive a step increase after 12 months. All promotional appointments to the position of Sergeant shall be subject to satisfactory completion by the employee of a 12 month probationary period. The by the Chief of Police may extend the probationary period of an employee for a period not to exceed an additional six (6) months. 41. Performance Evaluations Performance evaluations shall take place at least every three (3) months for all probationary employees and shall take place at least annually thereafter on the anniversary of an employee's employment with the Town. Employees eligible for step increases shall receive their performance evaluation no later than fifteen (15) days prior to their employment anniversary date. All performance evaluations shall be discussed with the employee prior to the evaluation being completed. Employees may sign their individual performance evaluations as MGR033 A: \MOU \POAMOU97.FNL 11- 01/01/97 evidence of discussion. ving taken place; employee signature c s not necessarily imply agreement with the evaluation. If an employee chooses not to sign an evaluation, the supervisor will note that the employee has read the evaluation and chooses not to sign. An employee may attach separate written comments to his /her evaluation. 42. Reinstatement Subject to the approval of the Town Manager, a permanent employee who has resigned from employment with the Town may be reinstated within two (2) years of his /her resignation to his /her former position, if vacant. Upon reinstatement, the employee shall be considered as though he /she had received an original appointment, unless other conditions are made a part of the reinstatement by the Town Manager. 43. Re-E Employment The names of employees affected by layoff shall be placed on appropriate re- employment lists in the order of total continuous cumulative time served in paid status. Such names shall remain thereon for a period of eighteen (18) months unless such persons are sooner re- employed. When a re- employment list is to be used to fill vacancies, the Personnel Officer shall certify from the top of such list the number of names equal to the number of vacancies to be filled, and the appointing power shall appoint such persons to fill the vacancies. 44. Grievance Procedures Grievances shall be defined as alleged violations of this agreement or disputes regarding interpretations, application, or enforcement of this agreement to Town ordinances, resolutions, and written policies related to personnel policies and working conditions. Grievances shall not include disagreements, disputes, or activities regarding or pertaining to examinations for employment or promotion, disciplinary action, performance evaluations, and probationary terminations. No act or activity which may be grievable may be considered for resolution unless a grievance is filed in accordance with the procedure contained herein within sixty (60) calendar days of the date the grievable activity occurred or the date the employee could reasonably have known such activity occurred. The provision for the sixty (60) days "statute of limitations" shall not apply to probationary employees. The parties agree that all grievances will be processed in accordance with the following procedure: Any employee who has a grievance shall first try to get it settled through discussion with his /her immediate supervisor without undue delay. Every effort shall be made to find an acceptable solution at the lowest possible level of supervision. If after such discussion the employee does not believe the grievance has been satisfactorily resolved, he /she may file a formal appeal in writing to the command officer responsible for supervision of the employee's immediate supervisor within ten (10) calendar days after receiving the informal decision of his /her immediate MGR033 A:\M0U \P0AM0U97.FNL -12- 01/01/97 supervisor. The, Amand officer shall respond within ten ) calendar days of the filing of the appeal. If the employee does not believe the grievance has been satisfactorily resolved by the command officer, the employee may then file a formal appeal in writing to the Chief of Police within ten (10) calendar days after receiving the informal decision of the command officer. The Chief of Police shall render his written decision within ten (10) calendar days after receiving the appeal. If after receipt of the written decision of the Chief of Police, the employee is still dissatisfied, he /she may appeal the decision of the Chief to the Town Manager. Such appeal shall be made by filing a written appeal to the Town Manager within five (5) days after the receipt of the written decision of the Chief. The Town shall render a written decision within twenty (20) working days after the appeal is made. If after receipt of the written decision of the Town Manager the employee is still dissatisfied, he /she may appeal the decision of the Town Manager to the Personnel Board. Such appeal shall be made by filing a written appeal to the Chair of the Personnel Board within five (5) days after receipt of the written decision of the Town Manager. The Personnel Board shall establish a hearing date within 30 days of receipt of the written appeal. The Personnel Board shall conduct a closed hearing giving opportunity for presentation by the employee or his /her representative and the Town Manager. The Personnel Board shall render a written decision within 30 days after the appeal is made. If after receipt of the written decision of the Personnel Board, the employee is still dissatisfied, he /she may appeal the decision of the Personnel Board to the Town Council. Such appeal shall be made by filing a written appeal with the Mayor. The Mayor shall schedule a closed hearing with the Town Council within 30 days after receipt of the appeal. At this hearing, the employee and the Town Manager may make presentations. The Town Council decision shall be final. The Town Council shall render a decision within 30 days after the hearing. An open hearing may be conducted by the Personnel Board or Town Council with mutual consent of the Town and person(s) filing the grievance. The time limitations for filing and responding to grievances may be waived or extended by mutual agreement of the parties. If either party to the grievance so requests, an informal hearing shall be conducted at the Chief of Police or Town Manager appeal levels. Employees may be represented by counsel or other person at any stage in the grievance process. MGR033 A: \MOU \POAMOU97.FNL -13- 01/01/97 45. Equal Employment Opportunity Grievance Procedure A. Intent - It is the intent of this procedure to provide an efficient means for resolving individual or group problems of a sensitive nature quickly and with a minimum of formal procedural requirements. B. Scone - This procedure shall apply to allegations of discrimination in regard to application, recruitment, appointment, training, promotion, retention, discipline, or other aspects of employment because of race, religion, color, sex, physical /mental handicap, medical condition, marital status, age, national origin or ancestry and provides for a process to investigate and correct the effects of such discrimination. C. Limitations - The establishment of this procedure for resolving complaints of discrimination shall supplant regular grievance procedures but not prohibit employees or applicants from filing complaints with the Fair Employment Practice Commission (FEPC), Equal Employment Opportunity Commission (EEOC) or the courts. The procedure is intended and should be viewed as a means of providing the special skills needed to promptly and fairly handle the sensitive issues involved and to ensure full cooperation with federal and state agencies. An employee who elects to proceed under this section is not entitled to, and shall not be required, to utilize regular grievance procedures for any complaint grieved under this section. Procedures under this section are alternative to regular grievance procedures. D. Definitions 1. Aggrieved Person: An employee or applicant for employment who feels discriminated against or harassed on the basis of race, religion, color, sex, physical /mental handicap, medical condition, marital status, age, national origin or ancestry in regard to application, recruitment, appointment, training, promotion, discipline, or other aspect of employment. 2. Complainant: An aggrieved person who has filed a formal complaint. 3. Equal Employment Opportunity (EEO) Counselor• An employee trained in EEO procedures and counseling techniques to provide informal counseling on matters pertaining to discrimination. Affirmative Action Officer will designate the individual with responsibilities of the EEO Counselor. This employee may also be assigned to investigate allegations once a formal complaint is filed, and to produce a written report of findings. This person must be capable of fairness, impartiality, and objectivity. E. Representatives: In presenting and resolving grievances employees may represent themselves or may designate representatives of their own choosing. Costs associated with such representation, if any, will be borne by the employee. MGR033 A: \MOU \POAMOU97.FNL -14- 01/01/97 F. Steps in the Proc, 1. Aggrieved persons shall first contact the Equal Employment Opportunity Counselor within 30 calendar days of learning of such act or decision and before filing a formal complaint with the Affirmative Action Officer. The EEO Counselor shall, within 30 calendar days: a. Consult with the aggrieved person. b. Discuss with the aggrieved person applicable civil rights. c. Make necessary inquiries in attempt to resolve the complaint. d. Counsel aggrieved person on issues of the case. e. Seek informal resolution of problems by facilitating open communication between the aggrieved and departmental management. 2. Formal Complaint: If informal resolution of problems through conciliation and negotiation cannot be accomplished within 30 days of contacting the EEO Counselor, the aggrieved person(s) may file a formal complaint with the Affirmative Action Officer. The Affirmative Action Officer will decide whether the complaint falls within the jurisdiction of the procedure and accept or reject it in writing. If the aggrieved person wished to appeal the Affirmative Action Officer's decision he /she may do so, in writing to the Town manager within seven (7) working days of receipt of the Affirmative Action Officer's decision. The Affirmative Action Officer, upon acceptance of complaint: a. Shall review the case with the Equal Employment Opportunity Counselor. b. May assign the EEO Counselor to conduct a prompt, impartial investigation, if necessary, and review findings thereafter. c. Shall notify Town Manager of all formal complaints received from employees and provide copies of completed investigative reports to Town Manager upon request. d. Shall make available to the parties involved a copy of the complete investigation report. e. Explore further possibility of informal adjustment of the problem through negotiation or conciliation with department head or the parties to the complaint. f. Present findings and recommendations for adjustment to the Town Manager. MGR033 A: \MOU \POAMOU97.FNL -15- 01/01/97 3. The Town 1 eager shall provide the complainant wig . written decision within ninety (90) calendar days from the time a formal complaint is filed. 46. Attendance Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays and leave. An employee whose absence is not authorized will not receive pay or benefits for the absent period and shall be subject to discipline. Failure on the part of an employee absent without leave to return to duty shall be grounds for discharge. It shall be the responsibility of an employee absent without leave to notify the department head of the reason the employee is absent and of the employee's availability for duty. 47. Completeness of MO The Town and the Association acknowledge and agree to abide by the provisions of the Meyers - Milias -Brown Act. 48. Association Notification or Communications The Town and the department will make every reasonable effort to keep the Association President informed on issues related to the working conditions of the Association members. 49. Catastrophic Time Bank If an employee is catastrophically ill or injured, or if the spouse or child of such employee becomes catastrophically ill or injured, the employee may request of the Town Manager that a catastrophic time bank be established. This request should be in writing. The catastrophic time bank will enable other employees to donate accrued CTO, holiday credits, vacation credits, or sick leave accruals to the requesting employee in accordance with departmental policies. Specific procedures for the administration of the catastrophic time bank will be developed by the department. 50. Reopener If, for any reason, the Chief of Police decides it is in the best interest of the Department to discontinue the 4 -10 Plan within the term of this agreement, the Town of Los Gatos agrees to reopen negotiations within 30 days on all provisions of the M.O.U. 51. Me Too Clause The Town shall not enter into an agreement with another bargaining unit, local union or management unit so that unit, local or bargaining unit can receive any compensation related to any salary or total compensation increase obtained by the POA. MGR033 A: \MOU \POAMOU97.FNL -16- 01/01/97 EDUCATION INCENTIVE PAY Intermediate Post yes 2.10% $ 0.44 $ 0.47 $ 0.49 $ 0.51 $ 0.54 Advance Post yes 3.50% $ 0.74 $ 0.78 $ 0.82 $ 0.86 $ 0.90 (6/30 requalify) SPECIAL PAYS Motor Cycle Duty FLSA RANGE STEP STEP STEP STEP STEP POA - OFFICER'S OT 711 1 2 3 4 5 AS OF FEBRUARY 9, 1997 ** base pay $ 21.15 $ 22.21 $ 23.32 $ 24.49 $ 25.71 LONGEVITY PAY 1.29 Crime Prevention Officer yes 5.00% $ 1.06 $ Fifteen year + yes 2.50% $ 0.53 $ 0.56 $ 0.58 $ 0.61 $ 0.64 Twenty years + yes 5.00% $ 1.06 $ 1.11 $ 1.17 $ 1.22 $ 1.29 (must have education incentive) 1.22 $ 1.29 (must have PAF) EDUCATION INCENTIVE PAY Intermediate Post yes 2.10% $ 0.44 $ 0.47 $ 0.49 $ 0.51 $ 0.54 Advance Post yes 3.50% $ 0.74 $ 0.78 $ 0.82 $ 0.86 $ 0.90 (6/30 requalify) SPECIAL PAYS Motor Cycle Duty yes 5.00% $ 1.06 $ 1.11 $ 1.17 $ 1.22 $ 1.29 Detective yes 5.00% $ 1.06 $ 1.11 $ 1.17 $ 1.22 $ 1.29 Crime Prevention Officer yes 5.00% $ 1.06 $ 1.11 $ 1.17 $ 1.22 $ 1.29 Juvenile Officer yes 5.00% $ 1.06 $ 1.11 $ 1.17 $ 1.22 $ 1.29 (must have PAF) FIELD OFFICER TRAINING Field Training - phase 11 training yes 5.00% $ 1.06 $ 1.11 $ 1.17 $ 1.22 $ 1.29 BILINGUAL PAY (spanish /english only) yes 2.50% $ 0.53 $ 0.56 $ 0.58 $ 0.61 $ 0.64 ACTING SUPERVISOR PAY (sergeant's step 5 ) yes $ 29.43 BASE OVERTIME RATE- OFFICER 150% $ 31.73 $ 33.32 $ 34.98 $ 36.74 $ 38.57 ACTING SUPERVISOR PAY $ 44.15 CALL BACK PAY Watch 1 /work prior night 4hr min no 150% $ 126.90 $ 133.26 $ 139.92 $ 146.94 $ 154.26 Off duty judicat 3hr min no 150 % $ 95.18 $ 99.95 $ 104.94 $ 110.21 $ 115.70 Meeting with 2 week notice 1 hr min no 150% $ 31.73 $ 33.32 $ 34.98 $ 36.74 $ 38.57 W (must have PAF) FIELD OFFICER Field Training - phase II training yes 5.00% $ 1.09 $ 1.15 $ 1.21 $ 1.27 $ 1.33 BILINGUAL PAY (spanish /english only) yes 2.50% $ 0.55 $ 0.57 $ 0.60 $ 0.63 $ 0.67 ACTING SUPERVISOR PAY (sergeant's step 5 ) yes $ 30.46 BASE OVERTIME RATE - OFFICER 150% $ 32.84 $ 34.49 $ 36.21 $ 38.03 $ 39.92 ACTING SUPERVISOR PAY $ 45.69 CALL BACK PAY Watch i /work prior night 4hr min HQ 150% $ 131.34 $ 137.94 $ 144.84 $ 152.10 $ 159.66 Off duty judical 3hr min no 150 % $ 98.51 $ 103.46 $ 108.63 $ 114.08 $ 119.75 Meeting with 2 week notice 1 hr min no 150% $ 32.84 $ 34.49 $ 36.21 $ 38.03 $ 39.92 A -2 FLSA RANGE STEP STEI STEP STEP STEP POA - OFFICER'S OT 711 1 2 3 4 5 AS OF DECEMBER 28, 1997 ** base pay $ 21.89 $ 22.99 $ 24.14 $ 25.35 $ 26.61 LONGEVITY PAY Fifteen year + yes 2.50% $ 0.55 $ 0.57 $ 0.60 $ 0.63 $ 0.67 Twenty years + yes 5.00% $ 1.09 $ 1.15 $ 1.21 $ 1.27 $ 1.33 (must have education incentive) EDUCATION INCENTIVE PAY Intermediate Post yes 2.10% $ 0.46 $ 0.48 $ 0.51 $ 0.53 $ 0.56 Advance Post yes 3.50% $ 0.77 $ 0.80 $ 0.84 $ 0.89 $ 0.93 (6/30 requalify) SPECIAL PAYS Motor Cycle Duty yes 5.00% $ 1.09 $ 1.15 $ 1.21 $ 1.27 $ 1.33 Detective yes 5.00% $ 1.09 $ 1.15 $ 1.21 $ 1.27 $ 1.33 Crime Prevention Officer yes 5.00% $ 1.09 $ 1.15 $ 1.21 $ 1.27 $ 1.33 Juvenile Officer yes 5.00% $ 1.09 $ 1.15 $ 1.21 $ 1.27 $ 1.33 (must have PAF) FIELD OFFICER Field Training - phase II training yes 5.00% $ 1.09 $ 1.15 $ 1.21 $ 1.27 $ 1.33 BILINGUAL PAY (spanish /english only) yes 2.50% $ 0.55 $ 0.57 $ 0.60 $ 0.63 $ 0.67 ACTING SUPERVISOR PAY (sergeant's step 5 ) yes $ 30.46 BASE OVERTIME RATE - OFFICER 150% $ 32.84 $ 34.49 $ 36.21 $ 38.03 $ 39.92 ACTING SUPERVISOR PAY $ 45.69 CALL BACK PAY Watch i /work prior night 4hr min HQ 150% $ 131.34 $ 137.94 $ 144.84 $ 152.10 $ 159.66 Off duty judical 3hr min no 150 % $ 98.51 $ 103.46 $ 108.63 $ 114.08 $ 119.75 Meeting with 2 week notice 1 hr min no 150% $ 32.84 $ 34.49 $ 36.21 $ 38.03 $ 39.92 A -2 (must have education incentive) EDUCATION INCENTIVE PAY Intermediate Post yes 2.10% $ 0.51 $ 0.53 $ 0.56 $ 0.59 $ 0.62 Advance Post yes 3.50% $ 0.85 $ 0.89 $ 0.93 $ 0.98 $ 1.03 (6/30 requalify) SPECIAL PAYS Traffic Coordinator Detective Personnel & Training (must have PAF) BILINGUAL PAY (spanish /english only) yes FLSA RANGE STEP STEP STEP STEP STEP POA - SGT'S OT 721 1 2 3 4 5 AS OF FEBRUARY 9, 1997 ** base pay $ 24.22 $ 25.43 $ 26.70 $ 28.03 $ 29.43 LONGEVITY PAY 5.00% $ 1.21 $ 1.27 $ 1.34 Fifteen year + yes 2.50% $ 0.61 $ 0.64 $ 0.67 $ 0.70 $ 0.74 Twenty years + yes 5.00 % $ 1.21 $ 1.27 $ 1.34 $ 1.40 $ 1.47 (must have education incentive) EDUCATION INCENTIVE PAY Intermediate Post yes 2.10% $ 0.51 $ 0.53 $ 0.56 $ 0.59 $ 0.62 Advance Post yes 3.50% $ 0.85 $ 0.89 $ 0.93 $ 0.98 $ 1.03 (6/30 requalify) SPECIAL PAYS Traffic Coordinator Detective Personnel & Training (must have PAF) BILINGUAL PAY (spanish /english only) yes 5.00% $ 1.21 $ 1.27 $ 1.34 $ 1.40 $ 1.47 yes 5.00% $ 1.21 $ 1.27 $ 1.34 $ 1.40 $ 1.47 yes 5.00% $ 1.21 $ 1.27 $ 1.34 $ 1.40 $ 1.47 yes 2.50% $ 0.61 $ 0.64 $ 0.67 $ 0.70 $ 0.74 BASE OVERTIME RATE 150% $ 36.33 $ 38.15 $ 40.05 $ 42.05 $ 44.15 CALL BACK PAY Watch 1 /work prior night 4hr min no 150% $ 145.32 $ 152.58 $ 160.20 $ 168.18 $ 176.58 Off duty judical 3hr min no 150% $ 108.99 $ 114.44 $ 120.15 $ 126.14 $ 132.44 Meeting with 2 week notice 1 hr min no 150% $ 36.33 $ 38.15 $ 40.05 $ 42.05 $ 44.15 A -3 (must have education incentive) EDUCATION INCENTIVE PAY Intermediate Post yes 2.10% $ 0.53 $ 0.55 $ 0.58 $ 0.61 $ 0.64 Advance Post yes 3.50% $ 0.88 $ 0.92 $ 0.97 $ 1.02 $ 1.07 (6/30 requalify) SPECIAL PAYS Traffic Coordinator Detective Personnel & Training (must have PAF) BILINGUAL PAY (spanish /english only) BASE OVERTIME RATE yes FLSA RANGE STEP STEP STEP STEP STEP POA - SGT'S OT 721 1 2 3 4 5 AS OF DECEMBER 28, 1997 ** base pay $ 25.06 $ 26.31 $ 27.63 $ 29.01 $ 30.46 LONGEVITY PAY 5.00% $ 1.25 $ 1.32 $ 1.38 Fifteen year + yes 2.50% $ 0.63 $ 0.66 $ 0.69 $ 0.73 $ 0.76 Twenty years + yes 5.00% $ 1.25 $ 1.32 $ 1.38 $ 1.45 $ 1.52 (must have education incentive) EDUCATION INCENTIVE PAY Intermediate Post yes 2.10% $ 0.53 $ 0.55 $ 0.58 $ 0.61 $ 0.64 Advance Post yes 3.50% $ 0.88 $ 0.92 $ 0.97 $ 1.02 $ 1.07 (6/30 requalify) SPECIAL PAYS Traffic Coordinator Detective Personnel & Training (must have PAF) BILINGUAL PAY (spanish /english only) BASE OVERTIME RATE yes 5.00% $ 1.25 $ 1.32 $ 1.38 $ 1.45 $ 1.52 yes 5.00% $ 1.25 $ 1.32 $ 1.38 $ 1.45 $ 1.52 yes 5.00% $ 1.25 $ 1.32 $ 1.38 $ 1.45 $ 1.52 yes 2.50% $ 0.63 $ 0.66 $ 0.69 $ 0.73 $ 0.76 150% $ 37.59 $ 39.47 $ 41.45 $ 43.52 $ 45.69 CALL BACK PAY Watch 1 /work prior night 4hr min no 150% $ 150.36 $ 157.86 $ 165.78 $ 174.06 $ 182.76 Off duty judical 3hr min n� 150 % $ 112.77 $ 118.40 $ 124.34 $ 130.55 $ 137.07 Meeting with 2 week notice I hr min no 150% $ 37.59 $ 39.47 $ 41.45 $ 43.52 $ 45.69 MQ1