1978-183 - Amend Resolution 1971-121 adopting Personnel RulesRESOLUTION NO. 1978 -183
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.
THIS RESOLUTION SUPERSEDES Resolution No. 1978 -118, adopted on July 17,
1978.
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 (1/2)
of the regular full -time work schedule for the classification in which they
are employed.
follows:
Amount of Entitlement: Paid vacation leave shall be accrued as
POLICE OFFICERS' UNIT
For all members of the Police Officers' Unit hired prior to
July 1, 1978, the following applies:
(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. Designated management personnel, however, shall
accrue vacation as provided for in this subsection from the date of employment
until the fifth year of employment, and thereafter as provided in (c) and (b).
(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.
For all members of the Police Officers' Unit hired on or after
July 1, 1973, the following applies:
(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
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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.
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(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.
MISCELLANEOUS UNIT
For all members of the Miscellaneous Unit hired prior to
July 1, 1978, the following shall apply:
(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
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.
For all employees of the Miscellaneous Unit hired on or after
July 1, 1978, the following applies:
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(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
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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.
(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 entitle-
ment 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 personnel
ordinances 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 completion
of their first (1st) year of continuous employment anduho 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 (lst) 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.
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 (1/2) 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
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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 (1/2) 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 accumulated sick leave at the rate of one -
half (1/2) 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 300 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 Rule 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 compensa-
tion 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 compensation for a
length of time or in an amount equivalent to one and one-half (1-1/2) 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 provide for around -
the -clock service shall receive holiday pay at the rate of 10 /12ths of a day per
month. Payment shall be made by separate cheek during the months of May and
November. 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
M
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 ('-z) 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 X I I I
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
IRA
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 20th day of November 1978,
by the following vote:
AYES:`; COUNCIL MEMBERS: Ruth Cannon Thomas J. Ferrito
John B. Lochner Peter W. Siemens and Mardi Gualtieri
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
SIGNED: 93dct
Af
„#ua >'
MAYOR OF THE TOWN OF LOS GATOS
ATTEST:
CLERK OF E TOW /OF LOS GATOS
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