Staff Report with attachments
PREPARED BY: Salina Flores
Human Resources Director
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Interim Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 09/06/22 ITEM NO: 8
DATE: August 26, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Approve the Side Letter of Agreement Between the Town of Los Gatos and
the Town Employees’ Association to Modify the Vacation Accrual Cap
Through the End of the Last Full Pay Period in March 2023 and Authorize the
Town Manager to Execute the Side Letter
RECOMMENDATION:
Approve the Side Letter of Agreement between the Town of Los Gatos and the Town
Employees’ Association to modify the vacation accrual cap through the end of the last full pay
period in March 2023 and authorize the Town Manager to execute the side letter.
BACKGROUND:
On August 19, 2021, the Town Los Gatos and representatives of the Town Employees’
Association (TEA) negotiated a side letter of agreement to acknowledge the staffing issues in
the Communication Division within the Police Department which resulted in limited
opportunities to use vacation or compensatory leave time. The Town agreed to allow a
temporary removal of the vacation accrual maximum cap and the compensatory time off
maximum cap through June 25, 2022. It was agreed that effective June 26, 2022, the vacation
accrual cap would be returned to 310 hours and the compensatory time off cap would be
returned to 100 hours. (Attachment 1).
DISCUSSION:
Subsequent to the Council approval of the TEA MOU dated July 1, 2022 through June 30, 2024,
staff met with TEA, negotiated and agreed on extending the side letter (Attachment 2) to
acknowledge the ongoing staffing challenges in the Communications Division within the Police
Department. The Police Department continues to recruit, hire, and train new Communication
Dispatchers but is presently at four with two in training out of eight budgeted positions.
PAGE 2 OF 2 SUBJECT: Approve the Side Letter of Agreement Between the Town of Los Gatos and the Town Employees’ Association to Modify the Vacation Accrual Cap Through the End of the Last Full Pay Period in March 2023 and Authorize the Town Manager to Execute the Side Letter DATE: August 26, 2022
DISCUSSION (continued):
In addition, the Police Department has hired a total of seven per diem Dispatchers to
supplement the full-time Dispatch staff in order to allow for better coverage, training, and
vacation opportunities with more focused training of new Dispatch staff.
This is a temporary side letter of agreement that will sunset on March 31, 2023.
CONCLUSION:
Staff has met its obligation to meet and confer with the Town Employees’ Association and
therefore, it is recommended that the side letter of agreement be approved, and the Town
Manager be authorized to execute the side letter.
FISCAL IMPACT:
The maximum fiscal impact of the side letter will be absorbed in the Police Department’s Fiscal
Year 2022/23 operating budget.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. 2021 Side Letter of Agreement
2. 2022 Side Letter of Agreement
SIDELETTER OF AGREEMENT
BETWEEN THE
TOWN OF LOS GATOS AND TOWN EMPLOYEES’ ASSOCIATION
AUGUST 19, 2021
In consideration of the current staffing issues in the Communications division within the Police
Department resulting in limited opportunities to use vacation or compensatory time leave, the Town will
allow a temporary removal of the vacation accrual maximum cap and the compensatory time off
maximum cap effective with the pay period beginning August 8, 2021 and continuing through June 25,
2022. The vacation accrual maximum cap will be returned to 310 hours and the compensatory time off
cap will be returned to 100 hours on June 26, 2022. If an employee’s vacation or compensatory leave
balance is still above the maximum cap hours after June 25, 2022, the hours will remain in the
employee’s leave banks for future use or cash out but accruals will not resume until the balances are
below the maximum cap hours.
The parties agree that the preceding language temporarily modifies Overtime Sections 11.4.3 and
11.4.5 and Vacation Accrual Sections 18.2.1 and 18.2.2 of the 2018-2021 TEA Memorandum of
Understanding.
The provisions of this side letter are specific to the Communications Dispatcher and Communications
Dispatcher Lead classifications with the exception of the additional June cash out date in 2022. The
additional June cash out date in 2022 is available to all TEA members. This side letter automatically
sunsets on June 30, 2022.
11.4 Overtime
11.4.3
The Department Director may permit an employee to take compensatory time in lieu of paid overtime.
With Department Director approval, employees shall be permitted to accumulate compensatory time to
a maximum of sixty (60) hours. The maximum accumulated compensatory time for Communication
Dispatchers and Communication Dispatchers Lead only shall be unlimited through June 25, 2022.
11.4.5
On or before the pay period which includes December 15 of each calendar year, an employee may make
an irrevocable election to cash out up to 40 hours of CTO (in whole hour increments) which will be
earned in the following calendar year at one and one half times (1.5) the employee’s base rate of pay.
Communication Dispatchers and Communication Dispatchers Lead only shall not have a cash out limit
for CTO. In the first full pay period of June and on the pay day for the pay period which includes
Thanksgiving in the following year, the employee will receive cash for the amount of CTO the employee
irrevocably elected to cash out in the prior year. However, if the employee’s CTO balance is less than
the amount the employee elected to cash out (in the prior calendar year) the employee will receive cash
for the amount of CTO the employee has accrued at the time of the cash out.
18.2 Vacation Accrual
18.2.1
Maximum accrual shall be 310 hours. If an employee has reached the maximum accrual level, no more
vacation will be accrued until the accrual level is reduced below the maximum amount. Maximum
ATTACHMENT 1
accrual for Communication Dispatchers and Communication Dispatchers Lead only shall be unlimited
through June 25, 2022.
18.2.2 Vacation Cash-Out
On or before the pay period which includes December 15 of each calendar year, an employee may make
an irrevocable election to cash out up to one hundred and sixty (160) hours of accrued vacation (in
whole hour increments) which will be earned in the following calendar year at the employee’s base rate
of pay. Communication Dispatchers and Communication Dispatchers Lead only shall not have a cash out
limit for Vacation. In the first full pay period of June and on the pay day for the pay period which
includes Thanksgiving in the following year, the employee will receive cash for the amount of the
vacation the employee irrevocably elected to cash out in the prior year. However, if the employee’s
vacation leave balance is less than the amount the employee elected to cash out in the prior calendar
year the employee will receive cash for the amount of vacation leave the employee has accrued at the
time of the cash out.
FOR TOWN EMPLOYEES’ ASSOCIATION:
______________________________
Christine Crosson
Communications Dispatcher Lead
______________________________
Beca Muniz
IT Systems Administrator
______________________________
Sean Mullin
Associate Planner
______________________________
Daniel Keough
Librarian
______________________________
Cheryl Schiele
Employee Representation Services, Inc.
TOWN OF LOS GATOS:
________________________________
Laurel Prevetti
Town Manager
________________________________
Arn Andrews
Assistant Town Manager
________________________________
Lisa Velasco
Human Resources Director
________________________________
Donna Williamson
Liebert Cassidy Whitmore
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________________________________
Robert Schultz
Town Attorney
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SIDELEmR OF AGREEMENT
BETWEEN THE
TOWN OF LOS GATOS ANO TOWN EMPLOYEES' ASSOCIATION
In consideration of the current staffing issues in the Communications division within the Police
Department resulting in limited opportunities to use vacation leave or compensatory time off, the
Parties agree as follows:
1.Town will continue the temporary removal of the vacation accrual maximum cap and the
compensatory time off maximum cap for Communication Dispatchers, Communication
Dispatcher Leads, and Senior Communication Dispatchers {collectively or individually referred to
herein "Dispatchers" or "Dispatcher") through the last full pay period in March 2023.
2.Dispatchers' vacation accrual maximum cap will be returned to 310 hours and the compensatory
time off cap will be returned to 100 hours on the day after the end of the last full pay period in
March 2023.
3.If a Dispatcher's vacation or compensatory leave balance is still above the maximum cap hours
the day after the end of the last full pay period in March 2023, the hours will remain in the
employee's leave banks for future use or cash out but accruals will not resume until the
balances are below the maximum cap hours.
4.There is no limit to the amount of vacation leave or compensatory time off a Dispatcher may
elect to cash out in calendar year 2023.
5.Dispatchers may take advantage of an additional cash out opportunity in the first full pay period
of March 2023.
The parties agree that the preceding language temporarily modifies Overtime Sections 11.4.3 and
11.4.S and Vacation Accrual Sections 18.2.1 and 18.2.2 of the 2022-2024 TEA Memorandum of
Understanding.
This side letter automatically sunsets on March 31, 2023.
OWN EMPLOYEES' �CIATION: <8 \Io\ To7:L
Christine Crosson
Communications Dispatcher Lead 0u.uo cFehu 1Cheryl Schiele
Employee Representation Services, Inc. 101761S6.110007-00S TOWN OF LOS GATOS:
Laurel Prevett!
Town Manager
Arn Andrews
Assistant Town Manager
Salina Flores
Human Resources Director
ATTACHMENT 2