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1978-118-Amending Resolution No. 1971-121 Adopting Personal Rules For The Town Of Los Gatos, And Making Changes Relating To Vacation Accrual; Sick Leave Payoff; Holidays; Medical And Dental Insurance; And Uniform AllowanceRESOLUTION NO. 1978 -118 A RESOLUTION AMENDING RESOLUTION NO. 1971 -121 ADOPTING PERSONNEL RULES FOR THE TOWN OF LOS GATOS, AND MAKING CHANGES RELATING TO VACATION ACCRUAL; SICK LEAVE PAYOFF; HOLIDAYS; MEDICAL AND DENTAL INSURANCE; AND UNIFORM ALLOWANCE. IT IS HEREBY RESOLVED THAT, effective July 1, 1978, Rule XI, Sections 1, 3 and 10; Rule XIII, Sections 1 and 4 of the Personnel Rules, are amended to read as follows: RULE XI ATTENDANCE AND LEAVES Section 1. ANNUAL VACATION LEAVE Persons Entitled: All persons who are employed by the Town shall be entitled to annual paid vacation leave as hereinafter prescribed, except: (a) Persons intermittently or seasonally employed. (b) Employees who are paid on an hourly basis. (c) Part -time employees who work less than one -half (1) of the regular full -time work schedule for the classification in which they are employed. Amount of Entitlement: Paid vacation leave shall be accrued as follows: POLICE OFFICERS' UNIT (a) Persons who have been continuously employed on a full - time basis less than six (6) years shall receive ten (10) days of vacation leave annually. Vacation leave shall be accrued at a rate of six and three - quarters (6.75) hours per month for the first eleven months, and five and three - quarters (5.75) hours per month for the last month of the accrual period. (b) Persons who have been continuously employed on a full - time basis more than six (6) years but less than eleven (11) years shall receive fifteen (15) days of vacation leave annually. Vacation leave shall be accrued at the rate of ten (10) hours per month. (c) Persons who have been continuously employed on a full - time basis longer than eleven (11) years but less than sixteen (16) years shall receive twenty (20) days of vacation leave annually. Vacation leave shall be accrued at the rate of thirteen and one -half (13.5) hours per month for the first eleven months, and eleven and one -half (11.5) hours per month for the twelfth month of the accrual period. (d) Persons who have been continuously employed on a full - time basis longer than sixteen (16) years shall receive twenty -five (25) days of vacation leave annually. Vacation leave shall be accrued at the rate of seventeen (17) hours per month for the first eleven months, and thirteen (13) hours per month for the twelfth month of the accrual period. (e) Part -time employees, except hourly employees, shall accrue, according to their continuous years of service, that percentage of the days per month allowed for full -time employees which the period of their part -time work bears to the regular full -time work schedule for the classification in which they are employed. CORPORATION YARD UNIT (a) Persons who have been continuously employed on a full - time basis less than one (1) year shall receive ten (10) days of vacation leave annually. Vacation leave shall be accrued at a rate of six and three - quarters (6.75) hours per month for the first eleven months, and five and three - quarters (5.75) hours per month for the last month of the accrual period. (b) Persons who have been continuously employed on a full - time basis more than one (1) year but less than five (5) years shall receive fifteen (15) days of vacation leave annually. Vacation leave shall be accrued at the rate of ten (10) hours per month. (c) Persons who have been continuously employed on a full - time basis longer than five (5) years and less than fifteen (15) years shall receive twenty (20) days of vacation leave annually. Vacation leave shall be accrued at the rate of thirteen and one -half (13.5) hours per month for the first eleven months, and eleven and one -half (11.5) hours per month for the twelfth month of the accrual period. (d) Persons who have been continuously employed on a full - time basis longer than fifteen (15) years shall receive twenty -five (25) days of vacation leave annually. Vacation leave shall be accrued at the rate of seventeen (17) hours per month for the first eleven months, and thirteen (13) hours per month for the twelfth month of the accrual period. (e) Part -time employees, except hourly employees, shall accrue, according to their continuous years of service, that percentage of the days per month allowed for full -time employees which the period of their part - time work bears to the regular full -time work schedule for the classification in which they are employed. -2- MISCELLANEOUS UNIT (a) Persons who have been continuously employed on a full - time basis less than three (3) years shall receive ten (10) days of vacation leave annually. Vacation leave shall be accrued at a rate of six and three - quarters (6.75) hours per month for the first eleven months, and five and three - quarters (5.75) per month for the last month of the accrual period. (b) Persons who have been continuously employed on a full - time basis more than three (3) years but less than five (5) years shall receive fifteen (15) days of vacation leave annually. Vacation leave shall be accrued at the rate of ten (10) hours per month. (c) Persons who have been continuously employed on a full - time basis longer than five (5) years and less than fifteen (15) years shall receive twenty (20) days of vacation leave annually. Vacation leave shall be accrued at the rate of thirteen and one -half (13.5) hours per month for the first eleven months, and eleven and one -half (11.5) hours per month for the twelfth month of the accrual period. (d) Persons who have been continuously employed on a full - time basis longer than fifteen (15) years shall receive twenty -five (25) days of vacation leave annually. Vacation leave shall be accrued at the rate of seventeen (17) hours per month for the first eleven months, and thirteen (13) hours per month for the twelfth month of the accrual period. (e) Part -time employees, except hourly employees, shall accrue, according to their continuous years of service, that percentage of the days per month allowed for full -time employees which the period of their part -time work bears to the regular full -time work schedule for the classification in which they are employed. MANAGEMENT PERSONNEL (a) Persons who have been continuously employed on a full - time basis less than five (5) years shall receive fifteen (15) days of vacation leave annually. Vacation leave shall be accrued at the rate of ten (10) hours per month. (b) Persons who have been continuously employed on a full - time basis longer than five (5) years and less than fifteen (15) years shall receive twenty (20) days of vacation leave annually. Vacation leave shall be accrued at the rate of thirteen and one -half (13.5) hours per month for the first eleven months, and eleven and one -half (11.5) hours per month for the twelfth month of the accrual period. am (c) Persons who have been continuously employed on a full - time basis longer than fifteen (15) years shall receive twenty -five (25) days of vacation leave annually. Vacation leave shall be accrued at the rate of seventeen (17) hours per month for the first eleven months, and thirteen (13) hours per month for the twelfth month of the accrual period. Accrual Privilege: No employee shall be entitled to use any paid vacation leave until after the completion of his sixth (6th) month of service. Persons who have been continuously employed longer than one (1) year shall take earned and accrued vacations annually at such times as are approved by the department manager. With the written approval of the department manager and Town Manager, such an employee may postpone the use of paid vacation leave for any year to the following year; provided that no employee shall be entitled to accrue more than forty (40) working days of such leave. An employee who has forty (40) working days of paid vacation leave accrued shall cease accruing earned vacation for future service until he has reduced through use his en- titlement below the forty (40) working days limitation. Paid holidays occurring during a vacation shall not be charged against accrued paid vacation leave, except as to employees who receive regular holiday pay pursuant to these rules or other personnelordinances or rules. Payment Upon Termination: Employees who terminate employment shall be paid for all paid vacation leave accrued pursuant to these rules to the extent hereinafter prescribed. (a) Persons who terminate employment prior to the com- pletion of their first (lst) year of continuous employment and who give the department manager, appointing power, and /or Personnel Officer written notice thereof not less than two (2) weeks prior to the effective date thereof shall be paid for all accrued vacation leave earned between and including the seventh (7th) month of their employment and the date of their termination. (b) Persons who terminate employment after completion of their first (1st) year of continuous employment shall be paid for all accrued vacation leave which they have earned since the date of commencement of their employment, not to exceed forty (40) days. (c) Any person whose employment is terminated by layoff and who is thereupon offered employment at an equivalent or greater salary by another public agency with credit for all paid vacation leave which he has earned as an employee of the Town and which is accrued on the date of his layoff, shall not be entitled to payment by the Town for any accrued vacation leave. -4- Section 3• SICK LEAVE Persons Entitled: All persons who are employed by the Town shall be entitled to sick leave absence with pay as hereinafter prescribed, except: (a) Persons intermittently or seasonally employed; (b) Employees who are paid on an hourly basis; and (c) Part -time employees who work less than one -half (2) of the regular full -time work schedule for the classification in which they are employed. Conditions of Use: Compensation for sick leave shall be authorized when absence from work is necessitated by the following: (a) Illness, injury and recuperation from surgery; provided that if the absence is for more than one (1) work day the department manager may, as a condition precedent to the payment of salary, require a physician's certificate verifying the necessity for the absence. (b) Necessary medical and dental appointments, whether for preventative medical or dental examination, or care and treatment. (c) For bereavement purposes, resulting from serious illness or death of a member of the employee's immediate family, immediate family to be limited to a child, spouse, parent, sibling, in -law or permanent member of the employee's household. (d) Each such leave shall be reported to and subject to approval of the Personnel Officer. Amount of Entitlement and Accrual Privileges: Compensation for sick leave shall be earned at the rate of one (1) work day for each calendar month of service, and shall be reduced by absence necessitated as described above prorated to the nearest hour. Not more than one hundred fifty (150) working days of sick leave compensation shall be accrued. Employees who have accrued one hundred fifty (150) days of such compensation shall cease accruing same for future service until they have reduced through use their entitlement below the one hundred fifty (150) day limitation. Payment for Unused Sick Leave: POLICE OFFICERS' UNIT Payment will be made for unused sick leave upon retirement at -5- age 50 or over, or at any age in the case of disability retirement. Payment will be made for up to eighty (80) days of accumulated sick leave at the rate of one -half (z) the base rate of pay on the effective date of retirement. CORPORATION YARD UNIT Payment will be made for unused sick leave upon retirement at age 55 or over, or at any age in the case of disability retirement. Payment will be made for up to eighty (80) days of a ✓ cumulated sick leave at the rate of one -half ( -z) the base rate of pay on the effective date of retirement. MISCELLANEOUS UNIT AND MANAGEMENT PERSONNEL After five (5) years of continuous employment, persons who resign pursuant to Section 3 of Rule XV of the Personnel Rules or who are laid - off pursuant to Section 2 of Rule XV of the Personnel Rules, shall be paid at their rate of pay at time of termination for 30% of up to 80 days of their accumulated sick leave. An additional 1.0% shall be added to the 30% for each year of employment with the Town after five years. This will continue until a maximum of 50% is reached at the end of 25 years of employment with the Town. Employees who are discharged pursuant to Section 1 of Pule XV of the Personnel Rules shall not be entitled to payment for accumulated sick leave. Section 10. HOLIDAYS Employee compensation for those Town holidays designated in Section 1 -13 of the Los Gatos Town Code shall be as provided in this section. All salaried employees who are permitted to receive com- pensation for duly authorized overtime work as defined in Section 11 of this Rule, other than members of the Police Department who perform traffic and patrol duty on work -shift schedules which provide for around - the -clock service, shall be compensated in the form of compensatory time off or monetary compen- sation for a length of time or in an amount equivalent to one and one -half (11) times the amount of time which they are required to work on a holiday, said compensatory time off or monetary compensation to be designated by and at the discretion of the department manager and Personnel Officer. Salaried employees who are members of the Police Department and assigned to patrol or traffic duty on work -shift schedules which pro- vide for around - the -clock service shall receive holiday pay at the rate of 10 /12th of a day per month. Payment will be made with the May and December payroll. Said holiday pay shall be in lieu of any other compensation for holiday work by employees on such patrol or traffic duty with the exception of holidays declared pursuant to the provisions of subdivision (m) of 10 Section 1 -13 of the Los Gatos Town Code. Work on holidays declared pursuant to said subdivision (m) shall be compensated at straight time in an amount equivalent to one (1) day's wages or a fraction thereof for the time worked and added to the compensation to the employee for the month during which said holiday occurred. Persons employed on an hourly basis or who work less than one -half (�) time, and temporary and part -time employees shall be entitled to compensation at straight time in an amount equivalent to the time worked on holidays. The monthly compensation of salaried employees who do not work on a holiday shall not be reduced by virtue of said holiday. RULE X111 MISCELLANEOUS SUPPLEMENTAL BENEFITS Section 1. MEDICAL, HOSPITALIZATION AND DENTAL PLANS A. Between July 1, 1978 and June 30, 1979, both dates inclusive, the Town shall make available the following medical and hospitalization insurance for Town employees: (1) Group hospital service and professional medical benefits, by Hospital Service of California, Plan "E ". (2) Group Medical and Hospital Service Agreement, by Kaiser Foundation Health Plan, Inc., Plan "S ". Each eligible employee may choose to be covered by one of the plans, and the premium for coverage of each such employee shall be paid by the Town. The Town shall also pay the premium for coverage for all dependents of those eligible employees who elect to cover one or more dependents; pro- vided, however, that the Town will pay a maximum of $100.00 per month for employees represented by the Police Officers' Association, a maximum of $152.19 for employees represented by the Town Employees Association-Cor- poration Yard Unit, and a maximum of $138.00 for employees represented by the Town Employees Association - Miscellaneous Unit. The premiums payable under the plans, the categories of employees covered, the extent of per- mitted dependent coverage, and the benefits payable shall be as provided in policies on file in the Town Clerk's Office on July 1, 1978, or as may thereafter be modified unilaterally by the insurers. B. Between July 1, 1978 and June 30, 1979, both dates inclusive, the Town shall provide for a dental care payment plan for regular full - time and regular half -time salaried Town employees, their spouses and -7- dependent minor children. To finance the plan the Town shall pay $14.00 per employee per month into a special fund for employees represented by the Police Officers' Association, $14.00 per employee per month for employees represented by the Town Employees Association - Corporation Yard Unit, and $14.00 per employee per month for employees represented by the Town Employees Association - Miscellaneous Unit. The Town's financial obligation is limited to payment of the monthly amounts, regardless of the eventual claims history of the plan. Disbursements will be made periodically to reimburse eligible employees for the allowable portion of their dental expenses for services rendered during the period when the plan is in effect. The dental plan will be administered by a Dental Plan Committee composed of two management employees designated by the Town Manager and three employees elected by vote of all employees eligible for dental plan benefits. The Dental Plan Committee will make rules concerning the frequency of disbursements, the nature of the dental services for which re- imbursements will be made, the amounts, percentages or upward limits of re- imbursements, and the filing of claims. The Dental Plan Committee will hear and determine all matters involving spousal or dependency status, and the propriety of claims, and each disbursement will be subject to the Committee's approval. C. Between July 1, 1973 and June 30, 1979, any regular employee who retires may elect to continue as a member of any Town medical, hospital, and /or dental plan in which they were enrolled. Memberships shall be de- pendent upon the retiree paying premiums in advance, and may continue until the retiree or the retiree's spouse reaches age 65, whichever occurs latest. Section 4. UNIFORM AND CLOTHING ALLOWANCE (a) Police Personnel; All sworn, uniformed members of the Town Police Department shall receive an allowance for special clothing and equipment required in the performance of their duties as follows: (1) an amount not to exceed $400.00 for the initial acquisition of special clothing and accessories; and (2) commencing one (1) year after each employee's original date of employment, an amount not to exceed $220.00 per twelve -month period thereafter for special clothing and equipment expenses. Sworn, non - uniformed personnel shall receive a clothing allowance not to exceed $90.00 per twelve -month period for special clothing and equip- ment expenses. Clerical employees shall receive an amount not to exceed $60.00 per twelve -month period for special clothing and equipment expenses. shall be allowed only: The purchase of items under the clothing allowance (1) Upon the prior authorization of the Chief of Police; and (2) Upon the Chief of Police's certification that the expenditure represents an extraordinary clothing and /or equipment purchases which are necessitated by the employee's specific work assignment; and (3) That the purchase would not have been made had the work assignment not been made. (4) The decision of the Chief of Police shall be final, subject only to the normal grievance procedures. The amounts prescribed above shall be paid by the Town upon receipt from each employee entitled to the allowance of a written claim containing a description of the items which he has purchased, the exact cost of each item, and a receipt from the vendor showing payment. Said claim to be countersigned by the Chief of Police verifying the necessity and job - related nature of the items for which reimbursement is claimed. (b) Parks and Public Works Maintenance Personnel: All uniformed employees in the Parks Department and Public Works Maintenance Division shall receive a $150.00 per year uniform allowance, to be maintained in an individual account. (Equipment Mechanics may continue to utilize the existing laundry service, at their option.) The amounts prescribed above shall be paid by the Town upon receipt from each eligible employee of a written claim containing a description of the items which have been purchased, the exact cost of each item, and a receipt from the vendor verifying payment; or, the employee may charge items at specified stores where the Town has es- tablished accounts. In either case the purchase must be approved by a designated management employee verifying the necessity and job - related nature of the items for which reimbursement is claimed or purchase on a Town account is made. PASSED AND ADOPTED by the Town Council of the Town of Los Gatos at a regular meeting held on this 17th day of July 1978, by the following vote: AYES: COUNCIL MEMBERS: Thomas J. Ferrito, John B. Lochner, Peter W. Siemens and Mardi Gualtieri NOES: COUNCIL MEMBERS: None' ABSENT: COUNCIL MEMBERS: Ruth Cannon SIGNED: }W)A rH"nok. ATTEST: CLERK OF THE TOWN OF LOS GATOS 0GL