1997-018-Approving Memorandum Of Understanding Between The Town Of Los Gatos And The Town Employees AssociationRESOLUTION 1997 - 18
RESOLUTION OF THE TOWN OF LOS GATOS
APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF LOS
GATOS AND THE TOWN EMPLOYEES ASSOCIATION
RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa
Clara, State of California, that the Town Manager is authorized to sign the Memorandum of
Understanding on behalf of the Town of Los Gatos.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the third day of March, 1997 by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Jan Hutchins, Linda Lubeck,
Mayor Joanne Benjamin
NAYES: None
ABSENT: None
ABSTAIN: None
SIGNED:;
My ,YOR OF THE TOW I11 ('F LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
e
TOWN OF LOS GATOS
AND THE TOWN EMPLOYEES ASSOCIATION
COMPREHENSIVE MEMORANDUM OF UNDERSTANDING
ON SALARIES, FRINGE BENEFITS
AND WORKING CONDITIONS
JULY 1, 1996 - JUNE 30, 1998
TABLE OF CONTENT
Section Title Page
PREAMBLE............ ............................... 1
TERM................ ............................... 1
GOAL................ ............................... 1
1. SCOPE OF REPRESENTATION 1
2. TOWN EMPLOYER - EMPLOYEE RELATIONS 2
a. T.E.A. Rights ...... ............................... 2
b. Town Employer - Employee Relations Resolution ............... 2
C. Employee Rights .... ............................... 2
d. Management Rights ... ............................... 3
3. COMPREHENSIVENESS OF AGREEMENT
4
4. NON - DISCRIMINATION
4.1 General Provision Regarding Americans With Disabilities Act ......
4
5. EMPLOYMENT ......... ...............................
4
a. Step Placement for New Hires ...........................
4
b. Probationary Period .. ...............................
4
C. Performance Evaluations
5
d. Promotions ....................
e. Work Day /Week .... ...............................
6
I. Layoff Policy ....... ...............................
6
g. Outside Employment .. ...............................
7
h. Reclassification ......................
6. SALARY AND OTHER COMPENSATION ......................
7
a. Town Compensation Policies ............................
7
b. Compensation ...... ...............................
7
C. Overtime ......... ...............................
8
d. Call Back
8
e. Deferred Compensation ...............................
8
f. Out -of- Classification Pay ..............................
9
g. Bilingual Incentive Pay ...............................
9
h. Uniform Allowance ... ...............................
9
i. Incentive Pay Program . ...............................
10
j. Holiday Compensation . ...............................
10
iii
7. PAYROLL /PAYCHECKS
14
... ...............................
a. Payroll Periods ......
I1
...............................
b. Paychecks .........
11
...............................
11
8. HOLIDAYS ............
15
...............................
11
9. INSURANCE PROGRAMS
16
. ...............................
a. Life Insurance ...... ...............................
12
12
b. Disability Insurance ... ...............................
12
C. Workers' Compensation ...............................
12
d. Liability Insurance ... ...............................
12
e. Employee Assistance Program ...........................
12
f. Unemployment Insurance .............................
12
10. CASH ALLOCATION PLAN ...............................
13
a. Taxable Benefit ..... ...............................
13
b. Pre -Tax Benefit ..... ...............................
13
C. Deferred Compensation (457) Plan ........................
13
11. PUBLIC EMPLOYEES RETIREMENT SYSTEM .................. 13
a. 2% At 55 ......... ............................... 13
12. BENEFITS ACCRUAL /PAYMENT ........................... 13
13. VACATION AND LEAVES . ...............................
14
a. Vacation and Annual Leave Scheduling .....................
14
b. Vacation Accrual .... ...............................
14
C. Sick Leave ........ ...............................
14
d. Sick Leave Cash -Out Program ...........................
15
e. Annual Leave ...... ...............................
15
f. Personal Leave ...... ...............................
16
g. Medical /Maternity/Family Leave .........................
16
It. Bereavement Leave ... ...............................
16
i. Disaster Leave ...... ...............................
16
j. Military Leave ...... ...............................
16
k. Jury Duty ......... ...............................
16
1. Leave Without Pay ... ...............................
17
M. Leave Balances ..... ...............................
17
n. Catastrophic Time Bank ...............................
17
14. GRIEVANCE PROCEDURE . ...............................
17
15. MISCELLANEOUS ISSUES . ...............................
19
a. Personnel Rules ..... ...............................
19
b. Personnel Manual .... ...............................
19
C. Mileage Reimbursement ...............................
19
iv
d. Vehicle Acquisition ........................ .
e. Discipline
......... ...............................
f. Library Card ...... ............................... .
16. TRAINING PAY ........ ...............................
IT TOWN VEHICLES ........... .
..........................
18. COMPLETE AGREEMENT ...............................
Signature Page .............. ............................... .
APPENDIX A - Scope of Representation and Salary Range ................. .
APPENDIX B - Bi- Weekly Salary Schedule Effective March 9, 1997 .......... .
Bi- Weekly Salary Schedule Effective June 29, 1997 ...........
APPENDIX C - Exceptional Performance Bonus ................. ..... .
APPENDIX D - Pay and Classification System ........................ .
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TOWN OF LOS GATOS
AND THE TOWN EMPLOYEES ASSOCIATION
COMPREHENSIVE MEMORANDUM OF UNDERSTANDING
ON SALARIES, FRINGE BENEFITS
AND WORKING CONDITIONS
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 "T.E.A." 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 T.E.A.,
this understanding shall also apply. This agreement supersedes all previous agreements between
the Town and T.E.A..
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. T.E.A. agrees to recommend acceptance by the employees of all terms and conditions
set forth herein. Following said acceptance by T.E.A., 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 commence on July 1, 1996 and terminate on June 30, 1998
GOAL
This Memorandum of Understanding (MOU) has been prepared in a spirit of cooperation between
T.E.A. and the Town. The purpose of this MOU is to define all presently known issues
concerning employment, foster a sense of team work between T.E.A. and the Town, create
conditions under which the highest quality of public service is delivered.
1. SCOPE OF REPRESENTATION
Employees represented by T.E.A. are those in permanent positions in the classifications
listed in Appendix A.
If it should become necessary to reduce the hours of any employee whose classification is
listed in Appendix A, such employee's representation by T.E.A. will not be affected. The
1
Town agrees to notify T.E.A. before filling a vacated represented position with an hourly
employee.
2. TOWN EMPLOYER EMP1 OYEE RELATIONS
a. T.E.A. Rights
The Town recognizes the employees' right to join and participate in T.E.A..
T.E.A. shall provide the Town with a list of T.E.A. officers and department
representatives. T.E.A. shall distribute to all new unit employees materials
furnished for such purposes by T.E.A..
Upon request of any employee represented by this agreement, a T.E.A.
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.
T.E.A. shall have access to its members, bulletin boards, and Town mail system
on Town time. Up to five (5) T.E.A. members shall be allowed, as long as there
is no disruption in work, up to eight (8) hours for T.E.A. President, and two (2)
hours for each T.E.A. member 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 14 of this MOU. Town initiated
meetings are not subject to release time limits. Such T.E.A. members shall first
obtain permission from department heads before leaving their work or work
locations. T.E.A. general membership meetings will continue to be held during
lunch or after work.
b. Town Employer - Employee Relations Resolution
T.E.A. and the Town recognize the existing language in Town Resolution 1974-
41, or its successor as it governs all aspects of labor relations in the Town.
Any changes in Resolution 1974 -41 which apply to T.E.A. will be made after
meeting and consulting with T.E.A..
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 Town policies.
N
(3) At T.E.A.'s request the Town Manager shall meet twice during the term
of this agreement with T.E.A. 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 No. 1593).
(5) Right to request a review of his /her classification and receive a response to
the request.
d. Mananement 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.
(7) Maintain the efficiency of governmental operations.
(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.
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(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. The Town and T.E.A. 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 T.E.A. regarding its implementation.
In some cases, this may occur after the law or rule has been adopted.
4. NON- DISCRIMINATION
The Town and T.E.A. agree that all provisions of this Agreement shall be applied equally
to all employees covered herein without favor or discrimination because of race, creed,
color, sex, age, national origin, political or religious affiliation, marital status, sexual
orientation, or physical or mental disability.
4.1 General Provision Regarding Americans With Disabilitie Act (ADA)
A. Because the ADA requires accommodations for individuals protected under
the Act, T.E.A. recognizes the Town's obligation to comply with all
provisions of the ADA on a case by case basis.
B. T.E.A. recognizes that the Town has the legal obligation to meet with the
individual employee to be accommodated before any adjustment is made in
working conditions. T.E.A. will be notified of these proposed
accommodations prior to implementation by the Town.
C. Any accommodation provided to an individual, protected by the ADA shall
not establish a past practice.
5. EMPLOYMENT
a. Step Placement for New Hires
T.E.A. recognizes the sole right of the Town to determine the salary and wage rate
for new hires.
b. Probationary Period
The probationary period shall be twelve (12) months for all newly hired employees
and those receiving promotions. Probationary employees will be evaluated
2
quarterly. Promoted employees can be considered for satisfactory completion of
the probationary period after the six month evaluation.
Promoted probationary employees shall have all rights under this agreement, full
and complete access to the grievance procedure, including 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
accordance with the Town Personnel Rules.
C. 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 employee'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
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 be come effective as of
the first day of the pay period in which the anniversary date occurs.
The Town will make every attempt to see that the performance evaluations are
completed in a timely manner.
H • •
The Town and T.E.A. 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 till a vacancy in T.E.A. - represented
classifications.
Employees desiring promotion or change of job classification shall keep an interest
card on file with the Town Personnel Department.
5
The Town and T.E.A. 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 and
circulated to the T.E.A. President prior to public advertisement.
e. Work Da /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) times 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. The Town
shall provide no less than 14 calendar days notice to affected employees regarding
a change in regular work schedules. 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.
f. 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.
In the event of a tie in overall score, the employee having more seniority shall not
be subject to layoff. Wherever a reduction in workforce is deemed necessary by
the Town, every attempt will be made to accomplish such reduction by attrition or
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reduction in work hours in lieu of layoff. Every effort shall be made to place
qualified laid -off employees in other positions within Town government.
g. Outside Employment
The Town and T.E.A. agree that outside employment of full time T.E.A. -
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 approved by the
Department Head and Town Manager on an annual basis.
h. Reclassification
T.E.A. recognizes the sole right of the Town to reclassify positions.
6. SALARY AND OTHER COMPENSATION
a. Town Compensation Policies
Town and T.E.A. agree that this Agreement has been negotiated consistent with
Town compensation 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.
(3) Comparable Worth consideration in establishing compensation.
(4) Average or above - average total compensation for all Town classifications.
(5) No reduction in individual employee total compensation levels.
(6) Final determination on changes in 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 6
a. (3) above.
b. Compensation
The salary schedule listed in Appendix B shall be effective March 9, 1997 and
June 29, 1997.
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C. Overtime
Overtime is defined as hours worked in excess of the normal work day for an
employee's regular work schedule i.e. eight (8), nine (9), ten (10), or eleven (11)
consecutive hours so long as the employee's regular work schedule is a minimum
of eight (8) hours in a day. Hours charged to available paid leave shall be counted
as time worked for computation of overtime payments.
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 sixty (60) hours.
(a) The maximum overtime accumulation for Dispatchers only shall be
increased from 50 to 100 hours with the condition that no more than
50 working hours maximum time off will be allowed in conjunction
with any other leave. Annual review of the impact of those changes
will occur to determine if there is any adverse impact on
scheduling.
The Town will attempt to avoid scheduling overtime that conflicts with an
employee's personal plans unless it cannot be avoided.
d. Call Back
A minimum of three (3) hours pay or its equivalent in compensatory time off, at
the rate of time and one -half, shall be guaranteed for every employee, who, after
leaving his /her place of duty, is required to return to duty without advance notice
of at least fourteen (14) calendar days.
There will be a three (3) hour minimum at the call back overtime rate for Town
commission/council meetings which begin two hours or more than either the start
of or end of the employee's regularly scheduled shift. At the employee's option
but with the Department Head's approval, employees may flex their schedule at the
straight -time rate in -lieu of the call back provision of this paragraph.
e. Deferred Compensation
A Town program of deferred compensation shall be available to T.E.A.
represented employees. The Town makes no representation on the merit of the plan
nor any of the investment products or instruments which may be offered by the
F,
plan. The responsibility for evaluating the investment options within the plan is
the responsibility of the individual participant. The Town shall not be obligated
to offer more than one Deferred Compensation carrier.
f. Out- of -Classification Pay
The Town and T.E.A. 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. Performance of
duties as a vacation relief does not automatically qualify as out -of- classification.
For purposes of this section, an out -of- classification assignment is defined as the
full time performance of the essential functions of an authorized, funded,
permanent position in another classification by a qualified employee. "Essential
functions" shall be as defined in the Essential Functions section of the appropriate
job specification.
Any employee who believes they are working out -of -class may request a review
of their classification.
Training programs mutually agreed to by the Town and T.E.A. which are designed
to enhance and/or provide career development opportunities shall not be subject to
this provision.
g. Bilingual Incentive W
Employees filling classifications specifically requiring bilingual ability and passing
the Town's certified examination shall be compensated at 2.5 %o above the normal
compensation range for the regular classification.
h. Uniform Allowance
(1) 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 and Parking Control Officer employees;
thereafter the Town shall provide incumbent Park Ranger employees with
a uniform allowance of $400 per year and designated Community Service
Officer and Parking Control Officer employees with a uniform allowance
of $300 per year to be paid in the payroll check but taxed sepmfrteiy during
January of each year. Effective January 1, 1995 the allowance for Park
Ranger employees will increase to $450 per year and Community Service
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Officer and Parking Control Officer employees will increase to $350 per
year.
The uniform allowance will be prorated for new employees, except that
new employees shall receive a minimum of 1/2 of the year's uniform
allowance if hired after July 1.
(2) T.E.A. recognizes the Town's right to specify uniform and demand that
employees be in proper uniform at all times.
(3) In the 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 to his /her Department Head for the
repair /replacement of damaged articles to the Town.
i. Incentive Pay Program
The incentive pay program detailed in Appendix "C" 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
T.E.A.'s total compensation package.
j. 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).
Employees who are required to work on a holiday, recognized in the MOU, will
be compensated as follows:
(1) 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).
(2) Day Of
If the holiday falls on a normally scheduled day off the employee will
receive 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.)
(3) Dispatchers will receive compensation in -lieu of holiday time off equal to
eighty-eight hours to be distributed as forty-four hours of base pay in
separate payroll checks distributed the last working week of November and
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May of each year to be paid in the payroll check. (Permanent half -time
positions will be prorated to twenty -two hours.)
7. PAYROLL /PAYCHECKS
a. Pavroll Periods
The Town and T.E.A. 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
b. Paychecks
(1) 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.
(2) Every effort will be made to make paychecks available to employees as
soon as checks are signed and ready for distribution.
8. HOLIDAYS
a. The following shall be observed as holidays for the members of the unit:
January 1st
the 3rd Monday in January
the 3rd Monday in February
the last Monday in May
July 4th
the first Monday in September
Thanksgiving Day
the Friday following Thanksgiving Day
December 25th
four (4) hours each on December 24 and 31
Every day declared a holiday by the President or Governor, 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.
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9. INSURANCE PR_ OGRAMS
a. Life Insurance
Town to pay premiums on minimum coverage of $50,000 and $50,000 Accidental
Death benefit. Additional life insurance may be purchased by the employee equal
to once or twice the employee's base salary, not to exceed $200,000.
b. Disability Insurance
The Town will provide for Short Term Disability policy effective the 8th calendar
day; coverage of 60% of weekly earning up to maximum of $1,155 /week for 12
weeks. Long Term Disability benefits begin on the 91st day of disability; coverage
of 60% of monthly earnings up to a maximum of $5,000 /month.
C. Workers' Compensation
The Town and T.E.A. 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 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. An employee
without leave balances shall only be paid State mandated benefits.
Effective the 31st day of disability, the employee may elect to supplement the State
mandated benefits with the Town's Short Term/Long Term Disability Insurance.
STD benefits will be reduced by the amount of periodic payments the employee is
entitled to through Worker's Compensation.
d. 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.
e. Employee Assistance Program
Premium shall be paid by the Town.
f. Unem lloovment Insurance
The Town will provide State mandated benefits through a self - insurance fund.
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10. CASH ALLOCATION PLAN
The Town will provide an allocation per employee of $515.78 per month beginning
August, 1994 and $526.10 per month beginning August, 1995. Allocation shall be made
for individual positions based on the Position and Classification Plan. Full -time employees
shall receive 100% of the cash allocation, part -time employees shall receive 75 %, half-
time employees shall receive 50 %. There will be an annual 30 day enrollment period.
Vision reimbursement will no longer be available after March 9, 1997.
a. Taxable e Benefr
Any portion of the benefit allocation may be taken as a taxable cash option. The
cash option shall be paid in two equal amounts in December and June.
b. Pre -Tax Benefits
Pre -tax benefits available in the program are medical and dental insurance and
vision reimbursement. Medical benefits are available through the Public
Employees' Retirement Health Benefits Program. Dental insurance is available
through Delta Dental Plan.
C. Deferred Compensation (457) Plan
Any portion of the benefit allocation may be placed with the Town's approved
deferred compensation carrier. The Town makes no representation on the merit
of the plan nor any of the investment products or instruments which may be offered
by the plan. The responsibility for evaluating the investment options within the
plan is the responsibility of the individual participant. The Town shall not be
obligated to offer more than one Deferred Compensation carrier.
11. PUBLIC EMPLQUEES RETIREMENT SYSTEM (PER )
a. 2% at 5
The Town and T.E.A. recognize that the implementation of the 2% at 55 P. E.R.S.
benefit effective January 1, 1993, will result in an increase in the Town's
contribution to P.E.R.S. effective July 1, 1994. The Town and T.E.A. agree to
recognize the Town's increased rate, for the purposes of computing total
compensation in any negotiations that cover the 1994 -95 fiscal year.
12. BENEFITS ACCRI A /PAYMENT
There shall be no accrual or payment of benefits during unauthorized leave, suspension
without pay, or leave without pay except as mandated by the Family and Medical Leave
Act.
13
13. VACATION AND LEAVES
a.
Ga
C.
Vacation and Annual Leave Scheduling
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. If a
Pre-approved vacation is cancelled due to the scheduling needs of the Town, the
Town will reimburse the employee for verified deposits for non - reimbursable
reservations. All verifications must be submitted prior to the vacation formally
being cancelled.
Vacation Accrual
All employees hired by the Town and represented by T.E.A. during the term of
this agreement shall accrue vacation hours as follows:
0 to 36 months
- 10 days per year (3.08 hours per pay period)
37 to 60 months
- 16 days per year (4.92 hours per pay period)
61 to 120 months
- 21 days per year (6.46 hours per pay period)
121 to 180 months
- 23 days per year (7.08 hours per pay period)
181 months & over
- 25 days per year (7.70 hours per pay period)
Maximum accrual shall be 310 hours effective January 1, 1995.
All represented employees will be eligible to cash out 40 hours of vacation accruals
twice each year in May and November. Money will be included in the first payroll
check of June and December. Employees, at their option, may deposit vacation
cash out money into deferred compensation to the extent allowed by applicable
law. Employees, at their option, may convert accrued vacation leave (not annual
leave) to sick leave on an hour for hour basis once per fiscal year. Employees
must request this conversion in writing to the Finance Department which will have
30 business days to make the requested change.
Sick Leave
Sick leave shall accumulate at the rate of eight (8) hours per month (3.70 hours per
pay period); to a maximum of 1000 hours. The Town may require Association
represented employees to provide a doctor's statement as proof of illness for any
use of sick leave beyond one (1) working day.
All employees with annual leave balances as of June 30, 1991 may make a one
time conversion of these balances to sick leave and /or vacation on an hour - for -hour
basis.
14
d. Sick Leave Cash -Out Program
Employees who terminate employment with the Town for any reason other than
retirement, or once a year in December, may cash out their accumulated sick leave
as follows:
1 - 59 months at 25 %
60 - 119 months at 37.5%
120 months or more at 50%
In order to be eligible for the sick leave cash -out program, a full time employee
must have a sick leave accrual balance of at lease 150 hours at the time of
termination or annual cash -out. Employees working less than full -time shall have
the 150 hour balance pro- rated, based on hours worked. Employees converting to
sick and vacation are exempt from this provision until July 1, 1994.
All employees who retire may convert 100% of this accumulated sick leave to a
dollar equivalent at their hourly rate of pay at the time of retirement. This amount
shall be held in an account. The employee's portion of medical payment will be
withheld from their monthly retirement payment by P.E.R.S.. The Town agrees
to pay the retiree quarterly in advance on the first pay period of January, April,
July, and October of each year after retirement. The first payment will be prorated
to the nearest quarter. The retiree's portion of medical payments will be paid from
this account by the Town until all monies are depleted from the account or the
retiree dies, whichever occurs first.
This account will not accrue interest and will not be paid in cash to the retiree or
any beneficiaries.
The retiree shall be responsible for 100% of their share of future medical insurance
payments once the account is exhausted.
e. Annual Leave
Annual leave was created as a combination of sick leave and vacation benefits. A
balance of forty (40) hours must be maintained to be used for sick leave. Except
in the case of sickness, annual leave requires pre - approval of the Town. The
annual leave program is no longer an option for Town employees hired after
August 5, 1991.
The following schedule shall apply to all employees accruing annual leave hours:
(1) Accumulation per the following schedule:
0 to 36 months - 18 days per year (5.54 hours her pay period)
37 to 60 months - 24 days per year (7.38 hours per pay period)
61 to 180 months - 29 days per year (8.92 hours per pay period)
15
181 + months - 33 days per year (10.16 hours per pay period)
(2) All represented employees will be eligible to cash out 40 hours of annual
leave accruals each year in May and November. Money will be included
in the first payroll of June and December but taxed separately.
(3) Maximum accrual shall be 310 hours effective January 1, 1995.
f. Personal Leave
Twenty -four (24) 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.
9. Medical_ /Maternily/ mil wave
The Town recognizes that State Government Code 12945 requires the recognition
of maternity as a bona fide non-job-related disability with applicable leave benefits.
The Town also recognizes State Government Code 12945.2 and Federal
Government Code 29 regarding Family & Medical Leave. The Town may, at its
discretion, approve leave beyond the specific amount provided by the State law.
h. Bereavement Leave
A maximum of five (5) days is available for death of each member of the
immediate family. Immediate family is defined as parent, spouse, child,
dependent, sibling, and grandparent by blood or marriage.
i. Disaster Leave
Leave will be available for employees for disasters declared by Federal, State,
County, or Town officials if those disasters affect all or a portion of the area within
twenty (20) miles of Town Hall. Leave is subject to scheduling by the Town.
Employees shall be allowed to charge time off to accumulated overtime, vacation
hours, sick leave hours or annual leave hours (in that order).
Military Leave
Military leave and benefits shall be granted in accordance with State and Federal
law, including the continuation of employee salary and benefits.
k. Jury t
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.
16
Leave Without Pay
Leave without pay shall be subject to approval of the Town Manager upon
recommendation of the appropriate department head.
An employee who is on leave without pay shall not earn any employment benefits
(including, but not limited to such benefits as vacation leaves, annual leaves,
medical benefits, sick leaves, retirement credits for time employed or seniority
entitlement 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 not be used intermittently
during an extended leave to interrupt a determination that an employee is on leave
with no pay.
In accordance with State Government Code 12945 and 12945.2 and Federal
Government Code 29, Section 26.01, 26.54, no employee on maternity or family
leave will be disadvantaged with respect to seniority entitlement.
m. Leave Balances
Vacation, annual leave, and accumulated overtime will be paid off upon
resignation, retirement, or dismissal at 100% value effective the last full work -day
with the Town. This will terminate the employee's status as an employee of the
Town. Sick leave shall be cashed out as per Section 14.d.
In the event of an employee's death, these leave balances shall be paid to the
employee's estate.
n. Catastrophic Time Bank
If an employee, spouse or significant other, or employee's child becomes
catastrophically ill or injured the employee may request in writing of the Town
Manager that a catastrophic time bank be established. The bank will enable other
employees to donate accrued CTO, holiday, vacation, or sick leave to the
requesting employee in accordance with Departmental policies to be developed.
14 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)
17
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:
Steo 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.
The department head receiving the formal appeal shall enter his /her written decision within
ten (10) calendar days after receiving the appeal.
ateeRl
If, after receipt of the written decision of the department head the employee is still
dissatisfied, he /she may appeal the decision of the department head to the Town Manager.
Such appeal shall be made by filing a written appeal to the Town Manager within fourteen
(14) calendar days after receipt of the written decision of the department head. The Town
Manager shall review the decision of the department head, and his /her decision within
thirty (30) calendar days after the appeal is made.
Step 4
If, after receipt of the written decision of the Town Manager the employee is still
dissatisfied, he /she may appeal the decision of the Town Manager to the Personnel Board.
Such appeal shall be made by filing a written appeal to the Chair of the Personnel Board
within fourteen (14) calendar days after receipt of the written decision of the Town
Manager.
The Personnel Board shall establish a hearing date within 30 calendar days of receipt of
the written appeal. The Personnel Board shall conduct a closed hearing giving opportunity
for presentation by the employee or his /her representative and the Town Manager. The
Personnel Board shall render a written decision within 30 calendar days after the appeal
is made. If, after receipt of the written decision of the personnel board, the employee is
still dissatisfied, he /she may appeal the decision of the Personnel Board to the Town
F:3
Council. Such appeal shall be made by filing a written appeal with the Mayor. The
Mayor shall schedule a closed hearing with The Town Council within 30 calendar days
after receipt of the appeal. At this hearing, the employee and the Town Manager may
make presentations. The Town Council decision shall be final. The Town Council shall
render a decision within 30 calendar days after the hearing. An open hearing may be
conducted by the Personnel Board or Town Council with mutual consent of the Town and
person(s) filing the grievance.
The time limitations for filing and responding to grievances may be waived or extended
by written mutual agreement of the parties. If either party to the grievance so requests,
an informal hearing shall be conducted at the department head or Town Manager 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 department 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.
15. MISCELLANEOUS ISSUES
a. 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.
C. Mileage Reimbursement
Employees using personal vehicles on official Town business shall be reimbursed
at the mileage rate established by the I.R.S. 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. "
d. Vehicle Ac ui ition
T.E.A. recognizes the Town's sole right to determine the specifications of all
Town vehicles. The Town will seek employees input when considering vehicle
acquisition.
Ic
e. Discipline
The Town Manager and Town Attorney will develop Personnel Procedures
including actions subject to discipline and will solicit comments from T.E.A.
f. Library Card
T.E.A. represented employees not living in Town may receive a non - resident
library card at no cost.
16. 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.
17. TOWN VEHICLES
Town vehicles are not to be taken home.
18. COMPLETE AGREEMENT
The parties acknowledge that during the negotiations that resulted in this MOU, each had
the unlimited right and opportunity to make proposals with regard to the terms and
conditions of employment, and that the understandings and agreements contained in this
MOU were arrived at after that full opportunity. This MOU may only be amended during
its term by the parties' mutual agreement in writing unless compelled by State or Federal
law. This MOU is intended to encompass all matters subject to meeting and conferring
between the Town and the Association, and it supersedes and replaces any and all past
practices, whether directly referred to or otherwise addressed in any way in this MOU.
20
FOR THE TOWN:
JAMES PIPER
nt Town Manager
Town Negotiating Team
CARLA TURNER
Town Negotiating Team
4, J-/ , ,
LEE BOWMAN
Town Negotiating Team
BONNIE ECKERT
Town Negotiating Team
FOR T.E.A.:
2
-� CZ-1 ....
KEVIN FLAVIA
T.E.A. President
Negotiating Team
i
DOLORES WEINS
T.E.A. Negotiating Team
L. QrA �• P C J
DEBRA CALDWELL
T.E.A. Negotiating Team
JUDY SNY ETD R
T.E.A. Negotiating Team
N
WILLIAM MC POIL
EMPLOYEE
SERVICES, INC.
21
REPRESENTATION
APPENDIX A
Scope of Representation and Salary ange
Job Title
Range
Account Clerk
1065
Administrative Secretary
1116
Assistant Civil Engineer /Assistant Engineer
1242
Associate Librarian
1155
Associate Civil Engineer
1300
Senior Building Inspector
1300
Building Inspector
1242
Chief Inspector
1252
Code Compliance Officer
1164
Communications Dispatcher
1191
Community Service Officer
1164
Community Services Program Coordinator
1164
Community Services Program Analyst
1212
Counter Technician
1147
Engineering Inspector
1195
Junior Civil Engineer
1212
Librarian
1199
Library Assistant
1088
Library Clerk
1065
Park Ranger
1152
Parking Control Officer
1065
Assistant Plan Check Engineer
1242
Plan Check Engineer
1300
Planning Technician
1164
Assistant Planner
1212
Planner
1242
Associate Planner
1300
Police Records Specialist
1106
Secretary I
1065
Secretary II
1079
Secretary III
1097
Senior Engineering Technician
1227
Engineering Technician
1175
22
APPENDIX B -1
TOWN OF LOS GATOS
HOURLYSALARYSCHEDULE
(Effective March 9, 1997)
Town Employee's Association
Incentive pay (e.g. bilingual pay) is at 2.5% above the regular compensation.
Lead pay is 5.0% above the regular compensation.
23
STEP 1
STEP 2
STEP 3
STEP 4
STEP 5
STEP 6
NEW RANGE
OLD RANGE
1024
24
$
11.46
$
12.03
$
12.63
$
13.26
$
13.92
$
14.62
1065
65
$
12.59
$
13.22
$
13.88
$
14.57
$
15.30
$
16.07
1079
79
$
13.10
$
13.75
$
14.44
$
15.16
$
15.92
$
16.71
1088
88
$
13.42
$
14.09
$
14.79
$
15.53
$
16.31
$
17.12
1097
97
$
13.75
$
14.44
$
15.16
$
15.92
$
16.71
$
17.54
1106
106
$
14.08
$
14.78
$
15.52
$
16.30
$
17.11
$
17,97
1114
135
$
14.41
$
15.13
$
15.89
$
16.68
$
17.52
$
18.39
1116
116
$
14.44
$
15.16
$
15.92
$
16.71
$
17.54
$
18.42
1147
147
$
15.58
$
16.36
$
17.18
$
18.04
$
18.94
$
19.89
1152
152
$
15.77
$
16.56
$
17.39
$
18.26
$
19.17
$
20.13
1155
155
$
15.91
$
16.71
$
17.55
$
18.43
$
19.35
$
20.32
1155
178
$
15.91
$
16.71
$
17.55
$
18.43
$
19.35
$
20.32
1164
164
$
16.21
$
17.02
$
17.87
$
18.76
$
19.70
$
20.69
1168
179
$
16.31
$
17.13
$
17.99
$
18.89
$
19.83
$
20.82
1175
175
$
16.62
$
17.45
$
18.32
$
19.24
$
20.20
$
21.21
1191
191
$
17.24
$
18.10
$
19.00
$
19.95
$
20.95
$
22.00
1195
195
$
17.45
$
18.32
$
19.24
$
20.20
$
21.21
$
22.27
1199
199
$
17.62
$
18.50
$
19.42
$
20.39
$
21.41
$
2148
1210
230
$
18.22
$
19.13
$
20.09
$
21.09
$
22.14
$
23.25
1212
212
$
18.27
$
19.18
$
20.14
$
21.15
$
22.21
$
23.32
1227
227
$
18.99
$
19.94
$
20.94
$
21.99
$
23.09
$
24.24
1242
242
$
19.71
$
20.70
$
21.73
$
22.82
$
23.96
$
25.16
1252
252
$
20.20
$
21.21
$
22.27
$
23.38
$
24.55
$
25.78
1300
300
$
22.70
$
23.83
$
25.02
$
26.27
$
27.58
$
28.96
Incentive pay (e.g. bilingual pay) is at 2.5% above the regular compensation.
Lead pay is 5.0% above the regular compensation.
23
APPENDIX B -2
TOWN OF LOS GATOS
HOURLYSALARYSCHEDULE
(Effective June 29, 1997)
Town Employee's Association
Incentive pay (e.g. bilingual pay) is at 2.5% above the regular compensation.
Lead pay is 5.0% above the regular compensation.
wi
STEP 1
STEP 2
STEP 3
STEP 4
STEP 5
STEP 6
RANGE
1024
$11.86
$12.45
$13.07
$13.72
$14.41
$15.13
1065
$13.03
$13.68
$14.37
$15.08
$15.84
$16.63
1079
$13.56
$14.23
$14.95
$15.69
$16.48
$17.29
1088
$13.89
$14.58
$15.31
$16.07
$16.88
$17.72
1097
$14.23
$14.95
$15.69
$16.48
$17.29
$18.15
1106
$14.57
$15.30
$16.06
$16.87
$17.71
$18.60
1114
$14.91
$15.66
$16.44
$17.26
$18.12
$19.03
1116
$14.95
$15.69
$16.48
$17.29
$18.15
$19.06
1147
$16.13
$16.93
$17.78
$18.67
$19.60
$20.59
1152
$16.32
$17.14
$18.00
$18.90
$19.84
$20.83
1155
$16.47
$17.29
$18.16
$19.08
$20.03
$21.03
1164
$16.78
$17.62
$18.50
$19.42
$20.39
$21.41
1168
$16.88
$1772
$18.61
$19.54
$20.52
$21.55
1175
$17.20
$18.06
$18.96
$19.91
$20.91
$21.95
1191
$17.84
$18.73
$19.67
$20.65
$21.68
$22.77
1195
$18.06
$18.96
$19.91
$20.91
$21.95
$2105
1199
$18.24
$19.15
$20.10
$21.10
$22.16
$23.27
1210
$18.86
$19.80
$20.79
$21.83
$22.92
$24.07
1212
$18.91
$19.85
$20.84
$21.89
$22.99
$24.14
1227
$19.65
$20.64
$21.67
$22.76
$23.90
$25.09
1242
$20.40
$21.42
$22.49
$23.62
$24.80
$26.04
1252
$20.91
$21.95
$23.05
$24.20
$25.41
$26.68
1300
$23.49
$24.66
$25.90
$27.19
$28.55
$29.97
Incentive pay (e.g. bilingual pay) is at 2.5% above the regular compensation.
Lead pay is 5.0% above the regular compensation.
wi
APPENDIX C
EXCEPTIONAL PERFORMANCE BONUS
Revised July 1, 1994
PURPOSE
Recognize outstanding performance of employees who have reached the top step of their
classification.
EFFECTIVE
Available to all permanent Town employees represented in Appendix A.
This program started in July of 1983 and updated in July of 1994.
Employees will be able to receive the Exceptional Performance Bonus one year after
reaching the top step of step of his /her range. Eligibility will continue every 12 months if
employee remains at top step.
APPLICATION
Awards based on evaluation of performance objectives.
The objective is for the employee and his /her supervisor to agree to a joint commitment of
objectives for the coming year.
Performance factors for all employees include:
1. Employee Accomplishments
2. Development Plan
3. Job Knowledge
25
4. Public Contact and Service Skills
5. Quality of Work
6. Quantity of Work
7. Communications
8. Teamwork
9. Meeting Work Commitment
10. Flexibility and Adaptability'
11. Initiative
12. Analyzing Situations.
13. Organizing, Coordinating, Supervising
14. Administering Work Programs
15. Special Projects
Employees at the top step who achieve 75% or more of their goals and have no "Needs
improvement" in the 12 (3 -14) evaluation categories are eligible for a bonus up to $1,100
equivalent to the percentage of goals achieved. For employees whose employment status
is one -half time or three - quarter time, the amount of bonus will be pro -rated proportionally.
All evaluations are subject to the review and approval of the Town Personnel Officer.
26
APPENDIX D
PAY AND CLASSIFICATION SYSTEM
Consideration for advancement from step to step within a range shall occur at intervals of
one (1) year in length effective on each anniversary date. Each employee shall receive an
annual performance evaluation. This evaluation will be the basis for step advancement.
Such advancement to the next step shall only be authorized if the supervisor and
Department manager finds that the employee is satisfactorily performing the duties of their
position as reflected on the annual evaluation form.
If the employee's performance is not satisfactory as determined by the supervisor's annual
evaluation, the Department Manager shall deny advancement to the next step. The
Department Manager has the option, at their discretion, based on a recommendation by
the supervisor, to recognize improving performance by granting or denying a half -step
increase in lieu of denying the advancement to the next step for unsatisfactory
performance.
If the employee's performance is exceptional as determined by the annual evaluation of
the supervisor on the performance evaluation form, the Department Manager with the
approval of the Town Manager has the discretion to grant a two step or one and one -half
step increase. It is intended that this be used sparingly so that it can be reserved to
recognize the truly exceptional employee who is achieving journey level status in their
classification (i.e. fully capable of performing all duties of the position) and can perform at
the same level as an employee with the years of experience required to achieve
advancement to the new step if they had advanced one step each year.
27