Loading...
1987-088-Approving Memorandum Of Understanding Between The Town And The Town Employees AssociationRESOLUTION NO. 1987_86 A RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF LOS GATOS AND THE TOWN EMPLOYEES ASSOCIATION BE IT FURTHER RESOLVED that the Town Manager is authorized to sign the Memorandum of Understanding on behalf of the Town. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 6th day of Julv , 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 None ABSENT: COUNCIL MEMBERS None SIGNED:!,;/ _...- 771AYOR OF THE TOWN OF LOS GATOS ATTEST: TLERK OUrF Tfl E TO N OF I GA 0 7/6 -9 TC /COUNC Cc ; TOWN CF LOS OFMUNDERSe' ADINGIATION ON SALh...ES, FRINGE BENEFITS AND WORKIN .ONDITIONS. Preamble . The authorized representatives of the Town of Los Gatos hereafter referred to as the "Town" and the authorized representatives of the Town of Los Gatos Employees Association hereafter 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 and Section 3500 et, seq. of the Government Code. 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 the Association, 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 employees. The Association agrees 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. Term The term of this understanding shall be for twenty four (24) months commencing at 12:01 am effective June 28, 1987 and terminating-at 12:01 am on July 1, 1989. FOR THE TOWN: Deborah Swartfager Town }4anager LJ Lee E. ' Bowman Tow Negoti at�i nnig� T-e- a- -m�J' i g a --- -- Town Negotiating Team 1 ( l a ren ud J. L r z Tom Negotiating Team FOR TEA: C o m ;TEA resident - Neg ating Team Patricia Duarte TEA Negotiating Team rF_r_1 —St--E _. o e u F t TEA Negotiating Team YI � E iz ,abeth Ross EA Negotia Team David Gray TEA Negotiating Team TOWN EJNPLOYEES ASSOCIATIO. Appendix A - Scope of Representation Appendix B - Salary Ranges Appendix C - BI-Weekly Salary Schedule Appendix D - Seniority in the Police Department TABLE OF CONTENTS Section Title Page 1 Scope of Representation 2 Town Employer - Employee Relations 2 -4 3 Comprehensiveness of Agreement 4 4 Employment 4 -7 5 Salary and Other Compensation 7 -11 6 Payroll /Paychecks 11 7 Benefits 12 -16 8 Vacation and Leaves 16 -19 9 Grievance Procedure 19 -20 10 Miscellaneous Issue 20 -21 11 Equal Opportunity Grievance Procedure 21 -23 12 Absent Without Authorized Leave 23 13 Comparable Worth 24 14 Hourly Employees 24 15 Training Pay 24 16 Personnel Rules 24 17 Child Care 24 Appendix A - Scope of Representation Appendix B - Salary Ranges Appendix C - BI-Weekly Salary Schedule Appendix D - Seniority in the Police Department G 0 A L This Memorandum of Understanding (MOU) has been prepared in a spirit of cooperation between the Town Employees' Association (TEA) and the Town. The purpose of this MOU is to define all presently known issues concerning employment, foster a sense of team work between TEA and the Town, create conditions under which the highest quality of public service is delivered, and continue the aura of that small Town feeling so desired by the citizens of Los Gatos. Scope of representation Employees represented by the Association are those in permanent positions in the classifications listed in Appendix A. _. Town Employer - Employee Relations a. TEA Rights The Town recognizes the employees' right to join and participate in the Torun Employees .Association. TEA shall provide the Town with a list of TEA officers and department representatives. TEA shall distribute to all new unit employees materials furnished for such purposes by TEA. Upon request of any employee represented by this agreement, an association representative shall be present during meetings involving the individual employee in disciplinary matters. Oral reprimands and performance evaluations are not included in the above. To the extent possible, disciplinary and grievance matters shall be considered during normal working hours and with pay. The Town will notify all newly hired employees in classifications represented by the Association that TEA is the recognized employees' organization. The Town will make every effort to provide TEA with the name, department and job classification of all new employees in classifications within TEA's scope of representation. TEA shall have access to its members, bulletin boards, and Town mail system within reasonable limits and on Town time. Up to four (4) Association members shall be allowed, as long as there is no disruption in work, up to four (4) hours each month of released time off with pay for meeting and conferring, meeting and consulting or the processing of grievances in accordance with the grievance procedure, Section 9 of this MO U. Town initiated meetings are not subject to release time limits. Such Association members shall first obtain permission from department heads before leaving their work or work locations. TEA General membership meetings will continue to be held during lunch or after work. -2- b. Town Employer - Employee Relations Resolution The Association and the Town recognize the existing languace in Town Resolution 1974 -41, or its successor, if any during the term„ of this IMO U, as it governs all aspects of labor relations in the Town except where superseded by language of this document. C. Employee Rights The Town adopts, in principle, the following rights, duties and responsibilities of its employees: (1) Organize and select leaders and representatives. (2) Employee and Town actions shall be governed by the Memorandum of Understanding (MOU), personnel rules and -own policies (including smoking policy). (3) At the Association's request the Town ,`tanager shall meet twice during the term of this agreement tith *tie ;association to discuss matters of employee interest. (4) Utilization of the Disciplinary Procedure ;see Resolution 1974 -41 or its successor, if any during the term of this MOU, and Ordinance Jo. 1593). (5) Right to request a review of his /her classification and receive a response to the request. d. Management Rights The rights of the Town include, but are not limited to the exclusive right to: (1) Determine the mission of its constituent departments, commissions and boards. (2) Set the standards of service. (3) Determine the procedures and standards of selection for employment and promotion. (4) Direct its employees. (5) Take disciplinary action in accordance with adopted disciplinary procedures, recognizing the employee's right to due process. (6) Relieve its employees from duty because of lack of work or for other legitimate reasons. -3- (7) Maintain the efficiency of governmental aerations. (8) Determine the methods, means and personnel by which government operations are to be conducted. (9) Determine the content of job classifications. (10) Take all necessary action to determine when an emergency exists and to carry out its mission in emergencies including the requirement that employees work overtime. Any question regarding the existence of an emergency is determined by the Town Manager, whose decision shall be final. (11) Exercise control over its organization and the technology of performing its work. (12) Refer any question regarding implementation or interpretation of the M.O.U. to the Town Manager or the Town Personnel Officer for a determination. 3. Comprehensiveness of Agreement a. Tile Town and Association agree that this agreement represents all wages, hours, and working conditions subject to the meet and confer process and available to employees. b. In the event that a local, State or Federal law significantly impacts the terms of this MOU, the Town will meet and consult with TEA regarding its implementation. In some cases, this may occur after the law or rule has been adopted. 4. Employment a. Equal Employment Opportunity The Association and Town agree that no person employed by or applying for employment with the Town shall be discriminated against because of race, religion, creed, sex, political affiliation, color, national origin, ancestry, age, sexual preference, marital status, physical handicap, or medical condition (including pregnancy), unless any such is a bona fide occupational qualification as defined in Federal or State law. b. Affirmative Action Association and Town support affirmative action in Town hiring. C. Step Placement for New Hires The Association recognizes the sole right of the Town to determine the salary and wage rate for new hires. -4- d. Probationary ,eriod The probationary period shall be twelve ;?7; eiont+is ror dIt nes4ly hired employees and those receiving pror;otions. Prcbal:ionary employees will be evaluated quarterly. Promoted employees can be considered for satisfactory completion of the probationary period after tine six month evaluation. Promoted probationary employees shall !lave .ale rights ender this agreement, full and complete access to the grievance ,'rccedure, ncludln— instances of suspension, demotion and termination. Any permanent employee not satisfactorily completing the probationary period following a promotion will be reinstated to their previous classification in accoraance with the Tom Personnel Rules. e. Performance Evaluations In accordance with the Personnel Rules, it is intended that performance evaluations take place at least annually but no later than 15 days prior to the anniversary date of the rapioyee's date of hire, or the date the employee entered their classification. If an employee's merit increase is withheld, subsequent evaluations will return to the original 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. If an employee does not receive an evaluation on the date it is due and the supervisor subsequently finds that the employee would have been entitled to a merit increase as of the anniversary date, the merit increase will become effective as of the first day of the pay perioa in which the anniversary date occurs. The Town will make every attempt to see that the performance evaluations are completed in a timely manner. As a result of the Performance Evaluation Committee's work on the evaluation format and process, it is the committee's intent that any required amendments to this section will occur by September 30, 1987. f. 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 will consider the qualifications of incumbent personnel prior to determining whether an open or promotional examination shall be used to fill a vacancy in TEA - represented classifications. -5- The Town shal. maintain a transfer list in applying for another position in the employee's responsibility to notify the in another position. The Town reserves for a vacant position from the transfer list. for at, employee who is interested same job family. It is the Personnel ,Office of their interest the right to select an applicant list or employment certification Employees desiring promotion or change of job classification shall keep an interest card on rile with the Town Personnel Department. The Town and Association recognize the Town's sole right to determine the method for the selection of Town employees through either an open or promotional examination process. If a determination is made by the Town that a promotional examination will be used to fill a vacant position, any qualified employees who participate in the examination process shall be allowed 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. There shall be no overtime paid for participation in the examination process. All Town job announcements shall be posted on Town bulletin boards a minimum of five (5) working days prior to the final filing date. g. Work Day /Week The normal work day is defined as no more than eight (8), nine (9), ten (10), or eleven (11) consecutive hours of work time including no more than a one (1) hour lunch break. A normal work day shall be followed by a minimum of ten (10) hours off. The work week is defined as forty (40) hours of work during any consecutive seven (7) day period. A minimum of one (1) forty -eight (48) hour period without scheduled work shall be provided to each employee during any consecutive seven (7) day period with the exception that employees employed in the Town Library shall not be scheduled less than two (2) consecutive days off within a seven day period more than thirteen (13) Mmes in a calendar year. Flex -time work schedules consistent with the definitions of normal work day and normal work week may be assigned by the Town at its sole discretion. Any employee requests for alteration of standard 8 -5 work day and 40 hour work week will be subject to the approval of the Department Head and Town Manager. The Town has the discretionary right to alter work schedules without notice during emergency situations. -6- Layoff Policy A minimum thirty (30) calendar days notice shall be provided to any employee to be laid off. Determination of layoff lists shall consider "performance" as well as seniority with equal weight given to both seniority and performance. Layoff shall take place within classifications by individual department. Use of current Town performance evaluation form would provide for measurement of performance levels as E (exceeds standards) ; it (meets standards); I (improvement needed). In the event of a tie in overall score, the shall not be subject to layoff. Whenever a deemed necessary by the Town, every attempt reduction by attrition or reduction in work effort shall be made to place qualified lai, positions within Town government. employee having more seniority reduction in workforce is will be made to accomplish such hours in lieu of layoff. Every i -off employees in other Amendments to the performance evaluation system that result from the Performance Evaluation Committee's work could impact this policy. It is the Committee's intent that required amendments to this section will occur by September 30, 1987. Outside Employment The Town and Association agree that outside employment of full time TEA - represented employees shall be governed by California Government Code Sections 1125 -1128 and that the Town shall develop and apply regulations to assure compliance. Outside employment shall be reviewed and reapproved by the Department Head and Town Manager on an annual basis. Reclassifications The Association recognizes the sole right of the Town to reclassify positions. Salary and Other Compensation Town Compensation Policies Town and Association agree that this Agreement has been negotiated consistent with Town compensation policies and that it is the intent of both parties to continue these policies through the term of this agreement and future negotiations. The specific policies are: (1) Total compensation to be utilized in the analysis of all Town compensation. (2) Marketplace consideration in establishing compensation. -7- (3) Comparab _ Worth consiaeration in a t,hii.,inc compensation. (4) Average or above-average tual canpansitfon for all I wn classifications, (5) No reduction in I70 .,:a! :p, oy'an tozal compe_nsatiun levels. (6) Final determination cr :manyes Q compensation based on Town's ability to pay. The Comparable Worth Study was accepted by the Town Council in September, 1983. The initial pay adjustments addressed compensation disparities based on point values determined in the study. Criteria and methodology established in the study shall continue to be used by the Town for purposes of evaluating Article 5 a. 3) above. b. Compensation T.E.A. represented employees shah ^eceive a six percent (6`0) total compensation increase effective Tpe 7!rsz ?ay period in July (June 28th - July llth), 1987; and four percent {4't) total compensation increase effective the first pay period in Jule (Ju,e 26th - July 9th), 1988. See Appendix "B., and C." C. Overtime Overtime is defined as hours worked in excess of the normal work week. Overtime is scheduled solely at the discretion of the Town. Overtime compensation shall be governed as follows: (1) The overtime rate shall be at time and a half. (2) Overtime work shall accumulate or be paid off at the employee's option, subject to the scheduling needs of the Town. (3) The maximum overtime accumulation shall be fifty (50) hours. The Town will attempt to avoid scheduiino overtime that conflicts with an employee's personal plans unless it cannot be avoided. d. Call Back Call back is defined as Town required return to work after an employee has completed his /her normal work day and before his /her next scheduled normal workday. The normal work day shall be scheduled solely at the discretion of the Town. Minimum call -back shall be three (3) hours at the overtime rate. I An employee r,�ified of overtime that is not (,�ntiguous to his /her shift less than 24 hours in advance will be paid at the call back rate. e. Shift Differential The Town shall pay an hourly premium of $.75 per hour to any permanent (full -time or part -time) employee who is assigned to a shift where at least 50% of the shift (including breaks) falls between 5 p.m. and 7 a.m. The Town shall pay an hourly premium of $.75 per hour to any permanent (full -time or part -time) employee for the actual hours worked between the hours of o p.m. and 7 a.m. when 50% of the employee's shift (including all breaks) does not fall between these hours. f. Deferred Compensation A Town program of deferred compensation shall continue to be available to TEA represented employees. A Town /T.E.A. Committee may recommend and institute improvements in investments and investment flexibility by January 1, 1588. g. Out -of- Classification Pay The Town and the Association agree that it is the intent of Town management, whenever possible, to avoid working an employee out of classification for a prolonged period of time. Compensation for out -of- classification work shall be an additional five percent (5 %) of the regular pay of the employee's permanent classification or the first step of the higher classification, whichever is greater. Employees appointed to work out -of -class will receive out -of- classification pay beginning the first day of the out -of- classification assignment. Employees appointed to vacant positions will receive out -of- classification pay beginning the first day of out -of- classification assignment. Employees appointed to a position for vacation, sick leave or other leave of absence coverage shall receive out -of- classification pay after three (3) consecutive days of assignment in the acting position. However, employees performing work out of classification for more than five (5) consecutive days due to sick leave, vacation or other leave of absences shall receive out of classification pay retroactive to the first day performing work out of classification. For purposes of this section, an out -of- classification assignment is defined as the full time performance of the significant duties of an authorized, funded, permanent position in another classification. "Significant duties" shall be as defined in the "examples of work" section of the appropriate job specification. Any employee who believes they are working out -of -class may request a review of their classification. -9- h. Bilingual Incentive Pay Employees filling classifications specifically requiring bilingual ability shall be compensated at one (1) range above the normal compensation range for the regular classification. i. Uniform Allowance (l; An initial uniform consisting of all items on the Town - approved list shall be supplied by the Town to new Park Ranger and Town- designated Community Service Officer employees; thereafter the Town shall provide incumbent Park Ranger employees with a uniform allowance of $325 per year and designated Community Services Officer employees with a uniform allowance of $225 per year in separate paychecks during January of each year. Effective July 1, 1988 the uniform allowance ,sill be $350 per year for Part: Rangers and $250 per year for Town - designated Community Service officers. 2) T.E.A. recognizes the Town's right to specify uniform and demand that employees be in proper uniform at all times. C ?n tae event that an employee who does not receive a uniform allowance damages his /her clothing in the performance of his /her duties, the employee may submit a claim for reimbursement for the repair /replacement of damaged articles to the Town. j. Incentive Pay Program The incentive pay program detailed in Appendix "E" is recognized as a discretionary program on the part of the Town and shall continue in force during the term of this Agreement. Costs of this program shall not be charged to the Association's total compensation package. k. New Pay and Classification System The Town and the Association agree to work together to develop a new pay and classification ayszc-m to incluae differential increases, exemplary performance elements, and a "public service orientation. The Town and the association will work to develop the program by June 30, 1988. Implementation of any changes would occur with adoption of the subsequent M.O.U. 1. Holiday Compensation Employees will receive eight hours of regular pay when scheduled to have the holiday off (8 hours total). If the employee's scheduled day off falls on a recognized Town holiday the employee will receive eight hours of holiday pay and eight hours of straight time pay (16 hours total). -10- Employees who are scheduled to work on a holivay, recognized in the MCIU, will be compensated as follows: Workday: If the holiday falls on a normally scheduled workday, the employee will receive eight hours of holiday pay and time and one -half for the hours actually worked on the holiday (20 hours total). Day Off If the holiday falls on a normally scheduled day off, the employee receives eight hours of holiday pay and eight hours of straight time plus time and one -half for the hours actually worked on the holiday (28 hours total). Dispatchers: Dispatchers will receive compensation in -lieu of holiday time off equal to forty hours of base pay in separate payroll checks distributed the last working week of November and May of each year. (Permanent part -time positions will be prorated to twenty hours.) b. Payroll /Paychecks a. Payroll Periods The Town and Association agree that a biweekly payroll period shall be utilized subject to the following conditions: (1) Employee pay shall not be withheld more than seven (7) calendar days following the end of the payroll period; however, 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. (2) All Town employees shall be compensated on a biweekly basis. 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 Union shall continue to be available to all employees. Every effort will be made to make paychecks available to employees as soon as checks are signed and ready for distribution. b. Paychecks Payroll deductions and leave balances shall appear on paychecks and be current to the latest payroll period. WE 7. Benefits a. fIo1, iaays File following shall ue observed as holidays for the members of the unit: January 1st tie 3rd Aonday in January -!ie 3rd ° Ionday in February the i ast Monday in Play July 4th the first °Ionday in September Thanksgiving Day the Friday following Thanksgiving Day December 25th Half day on December 24 and 31 (four hours maximum each) On December 24 and 31, Town offices normally open between 3:00 a.m. and 5:00 p.m., shall close at 12 noon. Days proclaimed as holidays by the President of the United States or the Governor of the State of California subsequent to the effective date of this Agreement, subject to the Mayor also proclaiming the day as a holiday. 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. b. Family Medical Insurance Premiums In lieu of the cafeteria benefit program (7 c.), 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 must 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. Available programs include Blue Cross, Kaiser and Lifeguard. All employees hired after June 30, 1987 will receive benefits through the Cafeteria benefit program and will not have the option of selecting the family medical option. C. Cafeteria Benefit Program Effective July 1, 1987, benefits available in the cafeteria program include medical insurance, local health club membership, dental, and deferrer' 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. 51pa Employees ut ,rzing cafeteria benefits for the reimbursement of membership fees in health clubs shall provide the Town with a written waiver of Town liability as a condition of reimbursement. Allocation available per employee shall be $2180 per year effective 7/1/87 and $2360 per year effective 7/1/88 per year. Allocations shall be made for individual positions based on the Salary and Position Control Resolution. Full -time employees shall receive 100% of the cafeteria allocation; part -time employees shall receive 75 %; half -time employees shall receive 50%. d. Dental Insurance The Town shall contribute $30 per month towards a dental insurance program for those employees who have chosen the family medical insurance coverage provided in Article 7b. Town and TEA representatives (in conjunction with representatives of other bargaining units) shall investigate possibilities of coverage by private insurance carriers, and shall make a written report of findings no later than October 1, 1987. Recommendations for chances in the dental insurance program shall be voted upon by all bargaining units. If a new plan is accepted, it will be implemented as soon as practical during the term of this Agreement. e. Life Insurance Town to pay premiums on minimum coverage of $50,000 and $50,000 Accidental Death Benefit. f. Disability Insurance The policy will provide for 60% of salary to be paid effective beginning the 31st day of disability. The disability policy will be provided at Town cost. g. Workers' Compensation The Town and Association agree that employees who sustain illness or injury arising out of and in the course of their Town employment shall receive benefits equal to those mandated by the State of California plus the difference between State mandated 'benefits and the equivalent of one hundred percent (100 %) of the individual's net regular salary, if any, paid by the Town for the first thirty (30) calendar days of absence. Town shall deduct leave balances from the employee's accrued sick leave, accumulated overtime, vacation leave, and annual leave (in that order) for all Town paid compensation. An employee may at his /her discretion advise the Town that he /she does not wish to be compensated at a level above the State - mandated benefits. In such case, the Town would provide no further compensation and there would be no charge to leave balances. -13- i. An employee w,chout leave balances shall only ue paid State mandated benefits. Compensation available to the employee after the initial thirty (30) day period shall include both State - mandated 'benefits and the coverage afforded by the Town -paid employee disability insurance program subject to an employee not receiving any more than 60% of his /her salary. The current policy provides for 60% of regular salary up to a maximum of $5000 /month. The Town Personnel Officer will create and issue policies and procedures regarding the Workers Compensation Program. Liability Insurance The Town shall continue to maintain a public officials liability insurance policy covering all Town employees in the execution of their official duties. Employee Assistance Program The premium shall be paid by the Town. Retirement Plans (1) Town Retirement Plan The Town and Association agree that the total percentage of employee salary contribution of the Town to the Town Retirement Plan shall be equal to the Town percentage of employee salary contribution to the Public Employees' Retirement System (PERS). There will be no additional Town contribution of any type to the Town Retirement Plan. (2) PERS Benefits /Town Contribution There shall be no change in PERS benefits initiated by the Town during the term of this Agreement. There shall be no increase in cost to the employee for coverage by PERS. (3) PERS Benefits /Retiring Employees All employees involved in the PERS Plan have the option to assume payment of their own PERS contribution at the beginning of their last fiscal year of employment with the Town. The money previously contributed to PERS by the Town will be added to the 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. In using this option, employees recognize that the amount of money applied to salary will be less than the 7% paid directly to PEPS to account for the increase in the Town's portion of retirement. -14- k. Unemployment .osurance The Tevrrt will provide State mandated benefits through a self- insurance Fund. Retired Employees Benefits The Town and Association agree that a joint committee representative of all Town emoloyee groups and the Town shall be formed to study benefits available to retiring employees. It is further agreed that the cost for any changes in benefits available to retiring employees shall not be paid by the Town during the term of this Agreement. A report shall be available for discussion no later than December 31, 1987. a. Benefits Accrual /Payment There shall be no accrual or payment of benefits during unauthorized leave, suspension without pay, or leave without pay. n. Tuition /Registration Reimbursement The reimbursement program shall include costs for tuition and registration for educational opportunities including college and university courses, I demonstrations and other job - related training subject to the following: (1) maximum reimbursement of $400 per employee per calendar year; (2) preparation for classes to be done on employee's own time; (3) employee must request and receive advance written authorization from his /her department head; (4) all requests for 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 packet, etc. Receipts must also be submitted for any books. (5) following completion of the course, documentation must be submitted to reflect satisfactory completion, i.e., passing grade, or verification of completion of the course. 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 frames is the responsibility of the employee. -15- (6) If documu.,tation is not received, a deduc,, on will occur on the paycheck to cover the expenses advanced the employee will be notified in advance prior to any deduction from the pay check. All other finance and paperwork procedures must also be followed. Participation in and successful completion of courses may be considered by the Town in making assignments and promotions. Evidence of such training may be submitted by the employee for filing in his /her personnel file. 8. Vacation and Leaves a. Vacation and Annual Leave Schedulina All vacation and annual leave scheduling is subject to the approval of the Town. Employees are required to request time off in advance. The earlier requests are submitted, the greater likelihood the request will be honored. Every attempt will be made by the Town to honor pre- approved vacations. Due to the scheduling needs cf the Town, if a pre- approved vacation is cancelled, the Town will reimburse i-,he employee for verified deposits for non- reimburseable reservations. All verifications must be submitted prior to the vacation =orinaiIv being cancelled. b. Vacation Accrual The following schedule shall apply to all employees accruing vacation hours: 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 na_v period) 181 months and over -- 25 days per year (7.70 hours per pay period) Maximum accrual shall be 344 hours. C. Sick Leave Sick leave shall accumulate at the rate of eight (8) hours per month (3.70 hours per pay period); the accumulation limit shall be 1200 hours. The Town may require a doctor's statement as proof of illness for any payment of sick leave beyond one (1) working day. On a twelve month basis (Dec. 1 to Nov. 30) of each year, individual employees may at their discretion cash out accumulated sick leave as follows: -16- d. e Sick Leavc Use Eligible for 12/1 to 11/30 Cash -Out 0 -16 hrs 6 days @ 75 °% value 17 -24 hrs 6 days @ 2/3 value 25 -32 firs 6 days @ 50% value In order to be eligible for the annual sick leave cash -jut program, an employee must have a sick leave accrual balance of at least 120 hours on Jovember 30 of the year cash -out is taken. Annual Leave Annual leave was created as a combination of vacation benefits. Maintaining a balance to is the responsibility of the employee and is the case of sickness, annual leave requires Town. The annual leave program replaced the accrual program which is no longer an option sick leave and be used for sickness encouraged. Except in )re- approval of the sick leave /vacation for Town employees. All employees hired by the Town and represented by the Association during the term of this agreement shall accrue annual leave as follows: (1) Accumulation per the following schedule: 0 to 36 months -- 18 days per year (5.54 hours per pay period) 37 to 60 months -- 23 days per year (7.08 hours per pay period) 61 to 180 months -- 28 days per year (8.62 hours per pay period) 181+ months -- 33 days per year (10.16 hours per pay period) (2) Cash out of up to 40 hours at 1000/0' value available ^ecember 1 of each year. In order to be eligible for annual cash -out program, an employee must maintain an annual leave accrued balance of at least 80 hours after cash -out on December 1 of each year. (3) Maximum accrual shall be 384 hours. Personal Leave Sixteen (16) hours will be available per calendar year. Personal leave may not be accumulated from year -to -year nor is it subject to cash -out at any time. -17- f h j k Medical /r,..cernity Leave The Town recognizes that State Government Code 12945 reruires the recognition of maternity as a bona fide non -job- related disaoility with applicable leave benefits. The Town may, at its discretion, approve leave beyond the specific amount provided by the State law. Bereavement Leave A maximum of five (5) days is available the immediate family. Immediate family spouse, child, dependent, sibling, and marriage. Disaster Leave for death o-p each member of is defined as parent, grandparent by blood or Leave will be available for employees for disasters declared by Federal, State, County, or Town officials if those disasters affect all or a portion or the area within twenty (ZC) miles of Town hall. Leave is subject to scheduling by the Town. Employees shall be allowed to charge time off to accumulated overtime, vacationiours, sick leave hours or annual leave hours (in that order). Military Leave Time off shall be provided for up to a maximum of four (4) weeks per calendar year with proper documentation on orders submitted to the Town. Military leave and benefits shall be granted in accordance with State and Federal Law, including the runtinuation of employee salary and benefits. Jury Duty Employee salary and benefits are to be continued during periods of Court- assigned jury duty. Compensation for an employee subpoenaed testimony for Town related matters and participation in any legal matter required as a result of working for the Town will be reviewed on a case by case basis. Employee shall turn over to the Town any compensation from the courts or other source for jury duty. Leave Without Pay Leave without pay shall be subject to approval of the Town Manager upon recommendation of the appropriate department head. An empl who is on leave without pay 11 not earn any employee,.. benefits (including, but not i „nited to such benefits as vacation leaves,.annual leaves, medical benefits, sick leaves, retirement credits for time employed or seniority entitlements of any kind) for the duration of such leave. An employee who is on leave without pay will have the ability to continue medical and dental coverage at their own expense in accordance with the Town's administrative policy on benefit retention. Vacation, sick leave, annual leave, or time worked shall riot be used intermittently during an extended leave to interrupt a determination that an employee is on leave with no pay. Leave Balances Vacation, annual leave, and accumulated overtime will be paid off upon resignation, retirement, or dismissal at 100% value subject to the personnel rule provisions, effective the last full work -day with the Town. This will terminate the employee's status as an employee of the Town. In the event of an employee's death, these leave balances shall be paid to the employee's estate. 9. Grievance Procedure Grievances shall be defined as alleged violations of this agreement or disputes regarding interpretations, application, or enforcement of this agreement. 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 thirty (30) calendar days of the date the grievable activity occurred or the date the employee could reasonably have known such activity occurred. The parties agree that all grievances will be processed in accordance with the following procedure: Step 1 Any employee who has a grievance shall first try to get it settled informally 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 the employee is not satisfied with the informal resolution, then a formal grievance must be filed within thirty (30) calendar days of the date the grievable activity occurred or the date the employee could reasonably have known such activity occurred. Step 2 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 his /her department head within ten (10) calendar days after receiving the informal decision of his /her immediate supervisor. -19- 10 The depa, _.lent head receiving the formal _,,peal shall render his /her written decision within ten (10) calendar days after receiving the appeal. Step 3 If after receipt of the written decisi employee is still dissatisfied, he /site the department head to the Town Manage by filing a written appeal to the Town calendar days after receipt of the wri department head. The Town Manager sha department head, and his /her decision, within twenty (20) working days after final. on of the department head the may appeal file decision of r. Such appeal shall be made Manager =4, e {5) tten decision i i-,ho 11 review the +,ecision of the which shall be rendered the appeal is made, shall be The time limitations for filing and responding to grievances may be waived or extended by written mutual agreement of the parries. If either party to the grievance so requests, an informal 'nearing shall be conducted at the department head or Town ilanager appeal levels. Employees may be represented by counsel or other person at any stage in the grievance process. If the employee does not receive a response from the supervisor or departnent head within the time limits specified in steps 1 and 2 above, the grievance will proceed for review to the next level in the grievance procedure. Miscellaneous Issues Personnel Rules It is the Town's intent to make copies of the Personnel rules readily available. In this regard a copy of the rules will be kept on file with each Department Head, in employee lounges, in the Manager's office, the Clerk's office and the Library Reference Section. These copies will be updated periodically. b. Personnel Manual The Town shall include appropriate sections of this agreement in an Employee Personnel Manual. Mileage Reimbursement Employees using personal vehicles on official Town business shall be reimbursed at the mileage rate established by the Town Council. Private vehicles used for Town business shall comply with all applicable California vehicle Code Sections commencing with Section 16430 through 16484 pertaining to "Insurance or Proof of ability to respond to Damages." -20- 11 Suggestion Sj _em The Association and Town shall jointly develop a mutually agreeable "suggestion box" system including a compensation program for suggestions. The system shall be developed no later than December 31 1987. If a mutually agreeable system can be developed, it shall be implemented no later than July 1, 1988. The Employee Recognition Committee will review and recommend an appropriate system. e. Vehicle Acquisition The Association recognizes the Town's specifications of all Town vehicles. when considering vehicle acquisition. Discipline sole right to determine the The Town will seek employees input The Town Planager and Town Attorney will develop Personnel Procedures including actions subject to discipline. Equal Opportunity Grievance Procedure a c. 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. 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 /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. 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. -21- d.. Definitions (1) Aggrieves rerson: An eriplo ee or applica— 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, 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 aiiegations once a formal complaint is filed, and to produce a written report of findings. This person iaust be capable of fairness, impartiality, and objectivity. e. Representatives In presenting ana resolving ;rievances 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: (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 aggrieved person ap'7ilCable 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. _22_ (2) Formal (,__,plaint 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 wishes to appeal the Affirmative Action Officer's decision he /she may do so, in writing to the Town Manager within seven working days of receipt of the Affirmative Action Officer's decision. The Affirmative Action Officer, upon acceptance of a 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 employee and provide copies of completed investigative reports to Town Manager upon request. (d) Shall make available to the parties involved a copy of the completed investigation report. (e) Explore further possibility of informal adjustment of the problem through negotiation of conciliation with Department Head or the parties to the complaint. (f) Present findings and recommendations for adjustment to the Town Manager. (3) The Town ;Manager shall provide the complainant with a written decision within 90 calendar days from the time a formal complaint is filed. 12. Absent Without Authorized Leave Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays and leaves. 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. An employee who is absent without authorized leave 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. IN]! 13. Comparable !Forth An updated review of the 1983 Co;i)para�',le 4iortii Study recommended adjustments for the classes listed n a re crt d ated = , "23/U7• These changes are incorporated in Appendix C. 14. Hourly Employees A partial pro- rated 'oenefif. �--�ro:_ram f,�,r Rong- tenured 'Hourly employees will be completed and a 'recommendation presented ':o the Town Council in July 1987. 15. Training Pay The Town will institute a training program with 5% premium pay for Dispatchers assigned to train and evaluate newly hired Dispatchers. Employees will receive the premium pay for the actual hours worked during the specified training period. 16. Personnel Rules TEA and the Town have agreed that the Personnel Rules and Regulations may be revised during the term of this N.O.U. Formal amendments however, will be forwardea to TEA for input prior to final adoption. 17. Child Care The Town agrees to consider proposals developed by TEA regarding the use of Cafeteria Benefits for child care with no guarantee of implementation. If a program is implemented it would occur following the adoption of a subsequent hiOU. aPZM APPENDIX A Scope of Representation Employees represented by the Association are those in permanent positions in the following classifications: Account Clerk Accounting Technician Administrative Secretary Assistant Civil Engineer Transit Program Assistant Building Inspector Chief Engineering Inspector Code Compliance Officer Communications Dispatcher Communications Supervisor Community Service Agent Community Service Officer I /II Community Service Specialist Design Drafter Engineering Aide Engineering inspector Engineering Technician Historic & Arts Coordinator Junior Civil Engineer Librarian Library Assistant I /II /III Park Ranger Plan Check Engineer Planner Police Records Clerk Police Records Supervisor Secretary I /II /III Transit Program Operations Manager The following positions are not represented by the bargaining unit but observe all work rules in the M.O.U. Deputy Town Clerk Senior Deputy Town Clerk Administrative Aide Secretary to the Town Manager Secretary to the Town Attorney APPENDIX B Account Clerk Accounting Technician Administrative Secretary Assistant Civil Engineer Transit Program Assistant Building Inspector Chief Inspector Code Compliance Officer Dispatch Operator Dispatch Supervisor Community Service Agent Community Service Officer I Community Service Officer II Community Services Specialist Design Drafter Engineering Aide Engineering Inspector Engineering Technician Historic & Arts Coordinator Junior Civil Engineer Librarian * Library Assistant I Library Assistant II Library Assistant III Park Ranger * Plan Check Engineer Planner Police Records Clerk Police Records Supervisor* Secretary I Secretary II Secretary III Transit Program Operations Manager Range 116 -C Ml 1110 -C M23 M1 M21 M24 Ml M16 M18 -C M15 1+14 -C M6 M11 M18 M7 Ml 1416 P111 M18 M18 -C 1,14 -C P17 -C M13 M14 M23 M18 1,19 -C M18 -C 114 -C M6 -C M8 -C Mll * A special adjustment is provided to these classifications in recognition of the Town's on -going commitment to the comparable worth study completed in 1983. See Appendix C. APPENDIX C. TOWN OF LOS GATOS BNEEKLY SALARY SCHEDULE (Effective June 28, 1987) MISCELLANEOUS PERSONNEL Range A B C D E F M -1 688.80 723.20 759.20 796.80 836.80 878.40 , -2 706.40 741.60 778.40 817.60 858.40 901.60 M -3 724.00 760.00 798.40 838.40 880.00 924.00 M -4 742.40 779.20 818.40 859.20 902.40 947.20 M -4 -C 1/56.80 794.40 834.40 876.80 920.80 967.20 M -5 760.80 799.20 839.20 880.80 924.80 971.20 M -6 779.20 818.40 859.20 902.40 947.20 994.40 M -6 -C 788.00 827.20 868.80 912.00 957.60 1005.60 M -7 799.20 839.20 880.80 924.80 971.20 1020.00 M -7 -C 807.20 847.20 889.50 934.40 980.80 1029.60 11-8 818.40 859.20 902.40 947.20 994.40 1044.00 M -8 -C 327.20 868.80 912.00 957.60 1005.60 1056.00 M -9 838.40 880.00 924.00 970.40 1019.20 1070.40 M -9 -C 848.00 890.40 935.20 981.60 1030.40 1081.60 M -10 860.80 904.00 949.60 996.80 1046.40 1098.40 M -10 -C 869.60 912.80 958.40 1006.40 1056.80 1109.60 M -11 881.60 925.60 972.00 1020.80• 1072.00 1125.60 M -12 904.00 949.60 996.80 1046.40 1098.40 1153.60 M -13 927.20 973.60 1022.40 1073.60 1127.20 1183.20 M -13 -C 936.00 983.20 1032.00 1084.00 1138.40 1195.20 M -14 948.80 996.00 1045.60 1097.60 1152.80 1210.40 M -14 -C 959.20 1007.20 1057.60 1110.40 1165.60 1224.00 M -15 973.60 1022.40 1073.50 1127.20 1183.20 1242.40 M -16 998.40 1048.00 1100.80 1156.00 1213.60 1274.40 M -17 1021.60 1072.80 1126.40 1182.40 1241.60 1304.00 M -18 1048.00 1100.80 1156.00 1213.60 1274.40 1338.40 M -18 -C 1058.40 1111.20 1166.40 1224.80 1286.40 1350.40 M -19 1074.40 1128.00 1184.80 1244.00 1306.40 1372.00 M -20 1101.60 1156.80 1214.40 1275.20 1339.20 1406.40 H -21 1128.80 1185.60 1244.80 1307.20 1372.80 1441.60 M -22 1156.80 1214.40 1275.20 1339.20 1406.40 1476.80 M -23 1185.60 1244.80 1308.00 1372.80 1441.60 1513.60 M -24 1215.20 1276.00 1340.00 1407.20 1477.60 1552.00 M -25 1244.80 1307.20 1372.80 1441.60 1513.60 1589.60 APPENDIX C TOWN OF LOS GATOS BIWEEKLY SALARY SCHEDULE (Effective June 26, 1988) MISCELLANEOUS PERSONNEL Range A B C D E F M -1 716.00 752.00 789.60 828.80 870.40 913.50 M -2 734.40 771.20 809.60 850.40 892.80 937.60 M -3 752.80 790.40 829.60 871.20 914.40 960.00 M -4 772.00 810.40 851.20 893.60 938.40 985.60 M -4 -C 787.20 826.40 868.00 911.20 956.80 1004.80 M -5 791.20 830.40 872.00 916.00 961.60 1009.60 M -6 810.40 851.20 893.60 938.40 985.60 1035.20 M -6 -C 819.20 860.00 903.20 948.00 995.20 1044.80 M -7 831.20 872.80 916.80 962.40 1010.40 1060.80 M -7 -C 839.20 880.80 924.80 971.20 1020.00 1071.20 M -8 851.20 893.60 938.40 985.60 1035.20 1087.20 M -8 -C 860.00 903.20 948.00 995.20 1044.80 1096.80 M -9 872.00 916.00 961.60 1009.60 1060.00 1112.80 M -9 -C 881.60 925.60 972.00 1020.80 1072.00 1125.60 M -10 895.20 940.00 987.20 1036.80 1088.80 1143.20 M -10 -C 904.00 949.60 996.80 1046.40 1098.40 1153.60 M -11 916.80 962.40 1010.40 1060.80 1113.60 1169.60 M -12 940.00 987.20 1036.80 1088.80 .1143.20 1200.00 M -13 964.00 1012.00 1062.40 1115.20 1171.20 1229.60 M -13 -C 973.60 1022.40 1073.60 1127.20 1183.20 1242.40 M -14 986.40 1036.00 1088.00 1142.40 1199.20 1259.20 M -14 -C 997.60 1047.20 1099.20 1154.40 1212.00 1272.80 M -15 1012.80 1063.20 1116.00 1172.00 1230.40 1292.00 M -16 1038.40 1090.40 1144.80 1202.40 1262.40 1325.60 M -17 1062:40 1115.20 1171.20 1229.60 1291.20 1356.00 M -18 1089.60 1144.00 1201.50 1261.60 1324.80 1391.20 M -18 -C 1100.80 1156.00 1213.60 1274.40 1338.40 1405.60 M -19 1117.60 11733.60 1232.00 1293.60 1358.40 1426.40 M -20 1145.60 1203.20 12633.20 1326.40 1392.80 1462.40 M -21 1173.60 1232.00 1293.60 1358.40 1426.40 1497.60 M -22 1203.20 1263.2.0 1326.40 1392.80 1462.40 1535.20 M -23 1232.80 1294.40 1359.20 1427.20 1498.40 1573.60 M -24 1264.00 1327.20 1393.60 1463.20 1536.00 1612.80 M -25 1294.40 1359.20 1427.20 1498.40 1573.60 1652.00 APPEidDI /, D SENIORITY POLICY IN THE POLICE DEPARTMENT Representatives of TEA, policy on seniority of the selection of shift 11187. TEA t10U * /ENG05 07/01/87 and the Town will establish a police department TEA represented classifications for the purposes of assignments and vacation sign -ups by August 1, APPENDIX E INCENTIVE PAY PLAN -- TEA BARGAINING UNIT July 7, 198 PURPOSE Recoynize outstanding performance of incumbent employees who have reached the top step of their classification. EFFECTIVE Available to all permanent Town employees beginning July 1, 1983. Employee's first eligible one year after merit salary increase advancing the employee to the top step of his /her qualification. Eligibility continued every twelve (12) months if employee remains at top step of range. Employee must have been employed by the Town at least thirty -six (36) months in order to be eligible. APPLICATION Awards based on evaluation of performance factors. Performance factors to be rated as: Improvement Needed PIeets Standards Exceeds Standards Performance factors for all employees to include: 1. Quality of Work 2. Quantity of Work 3. Work Habits 4. Relationships with People 5. Taking Action Independently 6. Meeting Work Commitments 7. Analyzing Situations and Material Employees with supervisory -type responsibilities will additionally be evaluated on the following factors: 8. Supervision of Others 9. Administering Work Programs If employee rates "improvement needed" in any category, no award provided. Otherwise, factors rates as follows shall be eligible for awards: I' seven 7) factors are rated, then: If nine (9) factors are rated, then Full -Time Meets Exceeds Employee Standards Standards Flat $ Amt 0 7 625 1 6 500 2 5 375 3 4 250 If nine (9) factors are rated, then Flat dollar amounts are 1/2 for half -time employees and 3/4 for 3/4 -time employees. All evaluations are subject to the review and approval of the Town Personnel Jff icer. PAYMENT Payments shall be made in a separate check with the payroll paid the month following the employee's anniversary date. Full -Time Meets Exceeds Employee Standards Standards Flat Amt 0 9 625 1 3 Soo 2 7 375 3 6 250 4 5 125 Flat dollar amounts are 1/2 for half -time employees and 3/4 for 3/4 -time employees. All evaluations are subject to the review and approval of the Town Personnel Jff icer. PAYMENT Payments shall be made in a separate check with the payroll paid the month following the employee's anniversary date.