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1987-085-Approving A Memorandum Of Understanding Between The Town And The Police Officers AssociationRESOLUTION NO, 1987 -85 A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BET14EEN THE TOWN OF LOS GATOS AND THE POLICE OFFICERS ASSOCIATION BE IT FURTHER RESOLVED that the Town Manager is authorized to sign the I =iemorandum of Understanding on behalf of the Town of Los Gatos. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 6th day of July , 1987 by the following vote. AYES: COUNCIL MEMBERS Joanne Benjamin, Eric D. Carlson, Thomas J. Ferrito Robert L. Hamilton and Mavor Brent N Ventura NOES: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS SIGNED: MAY' R U THE f HE -]OWN OF LOS GATOS ATTEST: (�a 4* r- COUNC:7 /6 -8 TC NEMORANDUM OF UNDERSTANDING %t BETWEEN THE i''WN CF LOS GATOS Ll ' AND a THE LOS GATOS POLICE OFFICERS ASSOCIATIOFF THIS AGREEMENT, SIGNED ON July 7, 1987 , IS ENTERED INTO AS OF June 28, 1981 BETWEEN THE TOWN OF LOS GATOS, 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 PDA, 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: Deborah Swart ager Tow anager e ra JL.Figoo Town Negotiating Team Acosta Town Negotiating Team Art Roy Town Negotiating Team FOR POA: im urns POA P ent eC Tom Mitchel POA Negotiating Team rim POA Negotiating Team Negotiating Team POLICE OFFICERS ASSOCIATIC TABLE OF CONTENTS SECTION TITLE PAGE 1 Preamble 1 2 Term 1 3 Employer - Employee Relations 1 4 Nondiscrimination 1 5 Salary 1 6 PERS Benefits /Town Contribution 2 7 Educational Incentive Pay 2 8 Special Pays 3 9 Acting Supervisor Pay 3 10 Shift Differential 3 11 Educational Reimbursement 3 12 Insurance Programs & Rate of Town Contribution 4 13 Family Medical Insurance Premiums 4 14 Cafeteria Benefit Program 4 15 Uniform Allowance 5 16 Mileage Reimbursement 5 17 Payroll Periods 5 18 Paychecks 5 19 Deferred Compensation 5 20 Overtime 6 21 Vacation Schedule 6 22 Vacation and Overtime Cash -out 6 23 Holidays and Holiday Pay 6 -7 24 Sick Leave 7 25 Annual Sick Leave Cash -out Program 7 26 Military Leave 7 27 Bereavement Leave 7 28 Disaster Leave 8 29 Leave without Pay 8 30 Maternity Leave 8 31 Accrual of Benefits 8 32 Worker's Compensation 8 33 Jury Duty 8 34 Outside Employment 9 35 Residence Requirement 9 36 Layoff Policy 9 37 Vehicles 9 38 Promotions 9 39 Probationary Period 10 40 Performance Evaluations 10 41 Reinstatement 10 42 Re- employment 11 43 Grievance Procedure 11 -12 44 Equal Employment Opportunity Grievance Procedure 12 -14 45 Attendance 14 46 Completeness of MOU 14 47 Exemplary Performance Program 14 Appendix - Salary Schedule Town of Los Gatos an s Gatos Police Officers Assoc on Comprehensive Memorandum ` n Salaries, Prime Benefits and Worn�ng Conditions Oi is n�if-- rStdnding L -'< <' n I n I. Preampie 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 '?r''ic.ers „ssociation hereinafter referred to as "Association" do jointly accept end agree to all the terms and conditions of employment set forth in this corpreiiensive ;memorandum of understanding pursuant to Town Resolution 1974 -41 of the Tpwn of Los Gatos. This understanding shall apply to represented employees assigned to those classifications listed on .Attachment "A" when classifications are created which tail under the representation of POA, this understanding shall also apply. The terms and - .onditions 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 `orth 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 understanding shall be for twenty -four months commencing at 12:01 A.M. on June 28, 1987 and terminating at 12:01 A.M. on July 1, 1989. 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 activity or religious affiliation. Association membership or activity on behalf of the Association, marital status or sexual preference. Association and Town support affirmative action in hiring, and will support all State and Federal regulations regarding affirmative action. BE 5. Salary Effective the salary schedule listed in Appendix A to this agreement shall be in effect. Effective the first pay period in July (June 28th, thru July 11th). 6. PERS Benefits /Town Contribution There shall be no chance in PEPS benefits provided by the Town during the term of this agreement other than as specified herein: The Town agrees to provide the following option. All employees involved in the plan have the option to assume payment of their own PERS contribution at the beginning and during the last one year of employment with the Town. The monies previously paid to PERS by the Town to cover the employee's contribution will be added to that employee's salary. An employee who does opt for this conversion and proceeds to pay the employee's contribution shall not be forced to retire within one year nor shall said employee have the option to revert back to the Town -paid employee contribution. 7. Educational Incentive P The Town shall provide an Educational Incentive Pay Program with incentive payments. Qualified employees shall receive one of the following monthly payment amounts: a) Employees in the represented classifications who have been awarded an Intermediate POST Certificate: $60 per month ($75 per month effective 7/1/88). b) Employees in the represented classifications who have been awarded an Advanced POST Certificate: $110 per month ($125 per month effective 7/1/88). 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 yedr. Thereafter, Incentive Pay shall be available on a fiscal year basis with yearly requalification completed by June 30 of the second year for payment following two fiscal years. Requalification is required every two (2) years and shall be obtained by successful completion of 3 semester units, 4 quarter units, or 60 training hours (40 training hours effective 7/1/88) 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 riot required. -2- 8. Special Pays. Town shall provide a five (5%) percent pay incentive to Association represented personnel assigned to motorcycle duty, detectives, personnel /training officer, school resource officer, traffic coordinator, and juvenile officer. Assignment for special pay purposes shall be done using Town Personnel Action Forms. Officers certified as field training officers shall also receive the five percent (5%) incentive while providing Phase II training to regular and reserve officers. Agent Program: The Town and POA will meet to discuss an Agent Program during the term of this MOU for potential consideration in the 1988 -89 budget. 9. Acting Supervisor Pay. Acting supervisors shall be compensated at the "E" Step of the Sergeant's rate of pay. To the best of its ability, Town shall provide supervisory training to acting supervisors. Town shall periodically review the actual time use of acting supervisor designations in order to determine the necessity of additional permanent supervisory personnel. 1:0. Shift Differential. $1.00 /hour to be paid for work on Watch I, 'Watch III, and the overlap watch and for work between the hours of 5:OOPM and 7:OOAM. 11. Educational Reimbursement. Subject to the approval of the Chief of Police, Association represented employees shall be reimbursed up to maximum of $500 per calendar year for educational courses taken to further employee skills as Los Gatos Town police personnel. Reimbursement shall be limited to costs of tuition and books only. Other costs associated with POST- certified courses may be reimbursed subject to the approval of the Chief of Police. Approval must be requested prior to courses being taken. Up to $250 of the maximum available to each employee may be applied to travel and lodging expenditures for POST certified courses. All requests to reimbursement must be approved in advance on a Request for Reimbursement Form. The Employee may select to receive reimbursement before or after completion of the course. All expenses must be documented, however, with a copy of the course description, flyer, registration forms, etc. Receipts must also be submitted for any books. Following completion of the course, documentation must be submitted to reflect satisfactory completion (i.e. passing grade or certificate of completion). If reimbursement (or advance) is requested prior to course completion, documentation of satisfactory course completion must be submitted within 3 months of the completion of the course. Documentation within the prescribed time limits is the responsibility of the employee. 11! If docurientation not received, a deduction wi' -cur on the paycheck to cover the expenses advanced. Employee will be notified prior to any deduction being taken frori the check. All other finance and administrative procedures must also be followed. 12. Insurance Prouraris and Pate of Town. Contribution. Dental - retain $30 per month Town contribution for those employees who have chosen the family medical insurance coverage provided in ,article 13. PCA to work with Town and other bargaining +nits in selection of the new program. Medical - choice of coverage among Blue Cross, raiser, and Lifeguard. Unless Town and POA mutually agree to add or delete medical carriers. Life - coverage of $50,000 plus $50,000 Accidental Death; Town 'to pay Full premium. Disability - policy shall provide 601 of salary benefit; policy shall provide coverage effective 31st day of disability. Employee Assistance Program -- Premium shall be i.aid by the Town. Unemployment Insurance - premium shall be paid by the Town to provide State coverage. 13. Family Medical Insurance Premiums. in lieu of the cafeteria benefit program (Item 14), the Town will provide payment of medical insurance premiums equal to the cost of the least cost family medical insurance program offered by the Town. The determination as to whether this benefit is provided roust be made on an individual basis upon employment with the Town and between June 1 and June 15 of each year thereafter. Employees opting for this medical insurance coverage will not participate in the Cafeteria Benefit Program. 14. Cafeteria Benefit Program. Allocation available per employee shall be $2,360 per year. Benefits available in the cafeteria program include medical insurance, local health club membership, and deferred compensation. Employees choosing to use cafeteria benefits for medical insurance must pay all medical premiums from the cafeteria allocation prior to any allocation of the cafeteria benefits to either deferred compensation or health club memberships. Employees choosing to use cafeteria benefits for health club membership shall sign a waiver prepared by the Town Attorney holding the Town harmless from any injury to the employee incurred because of health club membership. All use of cafeteria funds for health club membership shall be handled on a reimbursement basis. ME 15. Uniform Allowance. Town to provide first full uniform (per Town approved list) to new employees. Annual $675.00 to be paid to each employee in a separate payroll check to be distributed the last working week of July. The Town will replace authorized uniform items damaged in the performance of duty. Town defines uniform and can order an individual to replace worn items at the employee's expense. 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 of twenty -four cents ($0.24) per mile. Mileage reimbursement requests must be submitted within thirty (30) days of 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 per 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. 19. Deferred Compensation. The Town shall continue to offer a program of deferred compensation to its members in the represented classifications. -5- 20. Overtime. 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 100 hours. The C.T.O. CAP is increased from 50 to 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. 21. 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 180 months 20 days per year - 6.16 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 on November 30th. 22. 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. 23. Holidays and Holiday Pay. The following holidays will be observed by non - uniform personnel: January 1st. 3rd Monday in January. the 3rd Monday in February. the last Monday in May. July 4th. the first Monday in September. Thanksgiving Day. the Friday following Thanksgiving Day. December 25th. Four hours on 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. -6- Holidays which fa m Saturday shall be observed the Friday prior and holidays which fall on Sunday shall be observed on the following Uniform personnel shall receive compensation in -lieu of hol ldav tine off equal to forty -four (44) hours of base pay in separate payroll checks uistribute+l the last working week of November and May of each year. In the event that an additional holiday is observed by the Town during the term o9' this agreement, the in -lieu compensation shall be increased by the additional r�t,urs !aoiiday •time made available to non - uniform personnel. 24. Sick Leave. Accumulation rate shall be eight (H) hours per month (3.70 lours per pay period). Maximum accumulation shall be 1400 hours. The Town may require Association represented employees to provide a doctor's statement of proof of illness for any use of sick leave beyond Dne ,,„ork;ng day. 25. Annual Sick Leave Cash -Out Program. On a twelve month basis (December 1 to November 30) of each gear; individual employees may at their discretion cash out accumulated sick leave as f"oliows: Sick Leave Use 12/1 to 11/30 3 work days 4 & 5 work days 6 work days Eligible for Cash -Out 6 days @ 75% value 6 days @ 2/3 value 6 days @ 50% value In order to be eligible for the annual sick leave cash -out program, an employee must have a sick leave accrual balance of at least 200 hours on November 30 of the year cash -out is taken. 26. Military Leave. Time off up to a maximum of four (4) weeks shall be provided for bona fide military orders for Association represented employees subject to proper documentation of those orders submitted to the Town. Military leave shall be granted in accordance with the State and /or Federal Law. 27. 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. 192 28. Disaster Leave. Leave will be available for employees for disasters declared by Federal, State, County, or Town officials if those disasters affect all or a portion of the Town urban service area. Leave is subject to scheduling by the Town. Employees shall be allowed to charge time off to accumulated overtime, vacation hours, and sick leave hours (in that order). Other catastrophic events affecting employees may be brought to the department head's attention and leave may be granted subject to the needs of the department. 29. Leave Without Pay. Leave without pay shall be subject to approval of the Chief of Police and the Town Manager. An employee who is on leave with no 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 entitlements or any kind) for the duration of such leave. Vacation or sick leave or time aiorked shall not be used intermittently during an extended leave to interrupt a determination that an employee is on leave with no pay. 30. Maternity 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 Town may, at its discretion, approve leave beyond the specific amount provided by the State law. All provisions of leave with no pay shall apply to non -work related medical leave. 31. Accrual of Benefits. Benefits shall not accrue to employees on unauthorized leave, suspension without pay, or leave without pay. 32. Workers' Compensation. Employees shall be provided benefits in compliance with State law. 33. 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 for jury duty on regular work days. M 34. 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, I0, or LG issued items; vacation or CTO to be used for court appearances resulting from private employment. 35. Residence Requirement. There is no residency requirement for represented employees. 36., 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 '?; 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 lay off shall have the right to return to positions previously held with the Town and represented by the Association. 37. 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. 38. 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. M 39. 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 to allow the department to fully evaluate the officer following the academy and FTO training Any individual on an 18 month probationary period will be eligible to receive a step increase after 12 months. Individuals hired who have completed the basic academy upon hiring will be subject to a 12 month probationary period. Town and Association agree that all promotional appointments to the position of Police Sergeant shall be subject to satisfactory completion by the employee of a one (1) year probationary period. Upon recommendation of the Chief of Police, the Town Personnel Officer may extend the probationary period of an employee for a period not to exceed an additional six (6) months. 40. 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. Employee evaluation forms shall include a section with a box to be checked indicating whether an employee agrees or disagrees with his /her evaluation. All performance evaluations shall be discussed with the employee prior to the evaluation being completed. Employees shall sign their individual performance evaluations as evidence of discussion having taken place; employee signature does not necessarily imply agreement with the evaluation. An employee may attach separate written comments to his /her evaluation. 41. 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. -10- 42. Re- Employment. The names of employees effecters by lay off shall be placed on appropriate re employment lists in the order of total continucus cumulative time served in probationary and permanent service, y._; ,") ^rules Shall remain thereon for a period of eighteeen (i&) 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 uumber of names equal to the number of vacancies to be filled, and. -he appointing power shall appoint such persons to fill the vacancies. 43. Grievance Procedure. 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) day "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 (10) calendar days after receiving the informal decision of his /her immediate supervisor. The command officer shall respond within ten (10) 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 commander officer. The Chief of Police shall render his written decision within ten (10) calendar days after receiving the appeal. -11- If after rer 'nt of the written decision of `' Chief of Police, the employee . still dissatisfied, he /site m, ppeal 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 receipt of the written decision of the Chief. The Town Manager shall review the decision o' the Chief, and his /her decision, which shall be rendered within twenty (20) working days after the appeal is made, shall be final. 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. 44. 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. D. Scope - 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 /nental 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 order -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 harrassed on the basis or 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. -12- 2. Complai. An aggrieved person who ha. iled 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. F. Steps in the Procedure: 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 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 with 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. -13- b, Nr,� sign the EEO Counselor to cot, t a prompt, impartial imj2Sti;ation, if necessary, and review findings thereafter. c, Shall notify Town iIa:nager of all formal complaints received from pY;:)loyl:e sand ur "o' ✓ir.: copies of co mpleted investigative reports tQ own flanaoer upon request. S }call ,lake 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 mead or the parties c tile, complaint. f. Present findings and rl. n nendations for adjustment to the Town Manager. 3. The Town ;-tanager shall provide the complainant with a written decision within ninety t90) Calendar days from the time a formal complaint is Filed. 45. 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. 46. Completeness of MOU. Town and .Association agree that this MOU represents the total package of salary, wages, and fringe benefits available to members of the Association. 47. Exemplary Performance Program The Town and the POA will work together to discuss a new concept pay & classification system to include differential increases, exemplary performance elements, and a "Public Service" orientation. The Town & Association will work together to discuss the program by June 30, 1988. POA MOU * /ENG05 _14_ APPENDIX TOWN OF LOS GATOS BI14EEKLY SALARY SCHEDULE* POLICE PERSONNEL (Effective June 28, 1987) Range Step A Step B Step C Step D Step E P -1 -A 1113.60 1169.60 1228.00 1289.6660 1354.40 P -1 -B 1169.60 1228.00 1289.60 1354.40 1422.40 P -2 -A 1281.60 1345.60 1412.80 1483.20 1557.6'0 P -2 -B 1354.60 1412.80 1483.20 1557.60 1635.20 EFFECTIVE JUNE 26, 1988 P -1 -A 1158.40 1216.00 1276.80 1340.80 1408.00 P -1 -B 1216.00 1276.80 1340.80 1408.00 1478.40 P -2 -A 1332.80 1399.20 1468.80 1542.40 1619.20 P -2 -B 1399.20 1468.80 1542.40 1619.20 1700.00 The salary ranges designated.as "B" (example P -1 -B) include the 5% specialty pay provided to Association represented personnel as indicated under Section 8, "special pays ", of this MOU.