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1991-166-Approving Memorandum Of Understanding Between The Town Of Los Gatos And Town Employees' Association (TEA)RESOLUTION 1991 -166 RESOLUTION OF THE TOWN OF LOS GATOS APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF LOS GATOS AND TOWN EMPLOYEES' ASSOCIATION (TEA) BE IT RESOLVED, 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 5th day of August, 1991 by the following vote: COUNCIL MEMBERS: AYES: Randy Attaway, Joanne Benjamin, Steven Blanton Mayor Brent N. Ventura NAYES: None ABSENT: Eric D. Carlson ABSTAIN: None f �% SIGNED < t% MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA TOWN CLERK AGR: -l/ // IHH: Rte'. 6(�:__ Cc.'IFY TOWN OF LOS GATOS AND THE TOWN EMPLOYEES ASSOCIATION COMPREHENSIVE MEMORANDUM OF UNDERSTANDING ON SALARIES, FRINGE BENEFITS AND WORKING CONDITIONS FY 1991 -1992 October 21, 1991 TABLE OF CONTENTS Section Title Page PREAMBLE ............. ............................... 1 TERM.................. ............................... 1 GOAL.................. ............................... 1 1. SCOPE OF REPRESENTATION ............................. 2 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. EMPLOYMENT .......... ............................... 4 a. Step Placement for New Hires ........................... 4 b. Probationary Period ... ............................... 4 C. Performance Evaluations ............................... 4 d. Promotions .......... ............................... 5 e. Work Day /Week ..... ............................... 6 f. Layoff Policy ........ ............................... 6 g. Outside Employment ... ............................... 6 h. Reclassifications ...... ............................... 7 5. SALARY AND OTHER COMPENSATION ..................... 7 a. Town Compensation Policies ............................ 7 b. Compensation ........ ............................... 7 C. Overtime ........... ............................... 7 d. Call Back ........... ............................... 8 e. Shift Differential ...... ............................... 8 f. Deferred Compensation ............................... 8 g. Out -of- Classification Pay ............................... 8 h. Bilingual Incentive Pay . ............................... 9 i. Uniform Allowance .... ............................... 9 j. Incentive Pay Program . ............................... 10 k. Holiday Compensation . ............................... 10 1. Variable Salary Step Evaluation Process .................... 10 6. PAYROLL /PAYCHECKS ... ............................... 11 a. Payroll Periods II ..... ............................... 11 b. Paychecks ........... ............................... 11 7. HOLIDAYS .............. ............................... 11 iii 8. INSURANCE PROGRAMS AND RATE OF TOWN CONTRIBUTION 12 a. Dental ............. ............................... 12 b. Medical ............ ............................... 12 C. Family Medical Insurance Premiums ...................... 12 d. Life Insurance ....... ............................... 12 e. Disability Insurance .... ............................... 12 f. Workers' Compensation ............................... 12 g. Disability and Worker's Compensation Committee ............ 13 h. Liability Insurance .... ............................... 13 i. Vision ............. ............................... 13 j. Employee Assistance Program ........................... 13 k. Unemployment Insurance .............................. 13 9. CASH ALLOCATION PLAN (formerly Cafeteria Plan) ............. 13 a. Taxable Benefit ...... ............................... 14 b. Pre -Tax Benefit ...... ............................... 14 C. Deferred Compensation (457) Plan ....................... 14 10. PUBLIC EMPLOYEES RETIREMENT SYSTEM ................. 14 a. Town Contribution .... ............................... 14 b. Retiring Employees .... ............................... 14 11. BENEFITS ACCRUAL /PAYMENT ........................... 14 12. TUITION /REGISTRATION REIMBURSEMENT ................ 15 13. VACATION AND LEAVES .. ............................... 15 a. Vacation and Annual Leave Scheduling .................... 15 b. Vacation Accrual ..... ............................... 16 C. Sick Leave .......... ............................... 16 d. Sick Leave Cash -Out Program ........................... 16 e Annual Leave ........ ............................... 17 f. Personal Leave ....... ............................... 17 g. Medical /Maternity Leave .............................. 17 h. Bereavement Leave ... ............................... 18 i. Disaster Leave ....... ............................... 18 j. Military Leave ....... ............................... 18 k. Jury Duty ........... ............................... 18 1. Leave Without Pay .... ............................... 18 m. Leave Balances ....... ............................... 19 14. GRIEVANCE PROCEDURE . ............................... 19 15. MISCELLANEOUS ISSUES .. ............................... 20 a. Personnel Rules ...... ............................... 20 b. Personnel Manual ..... ............................... 20 C. Mileage Reimbursement ............................... 20 d. Vehicle Acquisition .... ............................... 20 e. Discipline ........... ............................... 20 16. EQUAL OPPORTUNITY GRIEVANCE PROCEDURE ............ 21 iv a. Intent .............. ............................... 21 b. Scope .............. ............................... 21 C. Limitations .......... ............................... 21 d. Definitions .......... ............................... 21 e. Representatives ...... ............................... 22 f. Steps in the Procedure . ............................... 22 17. ABSENT WITHOUT AUTHORIZED LEAVE ................... 23 18. TRAINING PAY .......... ............................... 23 19. CHILD CARE ............ ............................... 23 20. TOWN VEHICLES ........ ............................... 23 Signature Page ............ ............................... 24 APPENDIX A - Scope of Representation and Salary Range .......... 25 APPENDIX B - Bi- Weekly Salary Schedule Effective August 5, 1991 .... 26 APPENDIX C - Incentive Pay Plan ............................ 27 APPENDIX D - New Pay and Classification System ................ 29 v TOWN OF LOS GATOS AND THE TOWN EMPLOYEES ASSOCIATION COMPREHENSIVE MEMORANDUM OF UNDERSTANDING ON SALARIES, FRINGE BENEFITS AND WORKING CONDITIONS I' . : "W u1:3 n�, The authorized representatives of the Town of Los Gatos hereafter referred to as the "Town" and the authorized representatives of the Town of Los Gatos Employees Association hereafter referred to as "Association" do jointly accept and agree to all the terms and conditions of employment set forth in this comprehensive memorandum of understanding pursuant to Town Resolution 1974 -41 of the Town of Los Gatos and Section 3500 et. seq. of the Government Code. This understanding shall apply to represented employees assigned to those classifications listed on Appendix "A ". When classifications are created which fall under the representation of the Association, this understanding shall also apply. This agreement supercedes all previous agreements between the Town and the Association. The terms and conditions of employment set forth in this understanding have been discussed in good faith by the authorized representatives of the Town and the authorized representatives of the employees. The Association agrees to recommend acceptance by the employees of all terms and conditions set forth herein. Following said acceptance by the Association, authorized representatives of the Town agree to recommend to the Town Council that all terms and conditions set forth herein be approved by resolution. Upon adoption of said resolution, all terms and conditions so incorporated shall become effective without further action by either party. The term of this understanding shall commence on August 5, 1991 and terminate on June 30, 1992. GOAL This Memorandum of Understanding (MOU) has been prepared in a spirit of cooperation between the Town Employees' Association (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, and continue the aura of that small Town feeling so desired by the citizens of Los Gatos. 1 1. SCOPE OF REPRESENTATION Employees represented by the Association are those in permanent positions in the classifications listed in Appendix A. 2. TOWN EMPLOYER - EMPLOYEE RELATIONS 9 In C. T.E.A. Rights The Town recognizes the employees' right to join and participate in the Town Employees Association. 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, an association representative shall be present during meetings involving the individual employee in disciplinary matters. Oral reprimands and performance evaluations are not included in the above. To the extent possible, disciplinary and grievance matters shall be considered during normal working hours and with pay. The Town will notify all newly hired employees in classifications represented by the Association that T.E.A. is the recognized employees' organization. The Town will make every effort to provide T.E.A. with the name, department and job classification of all new employees in classifications within T.E.A.'s scope of representation. T.E.A. shall have access to its members, bulletin boards, and Town mail system within reasonable limits and on Town time. Up to four (4) Association members shall be allowed, as long as there is no disruption in work, up to four (4) hours each month of released time off with pay for meeting and conferring, meeting and consulting or the processing of grievances in accordance with the grievance procedure, Section 9 of this MOU. Town initiated meetings are not subject to release time limits. Such Association members shall first obtain permission from department heads before leaving their work or work locations. T.E.A. General membership meetings will continue to be held during lunch or after work. Town Employer- Employee Relations Resolution The Association and the Town recognize the existing language in Town Resolution 1974 -41, or its successor, if any during the term of this MOU, as it governs all aspects of labor relations in the Town except where superseded by language of this document. 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 (including smoking policy). (3) At the Association's request the Town Manager shall meet twice during the term of this agreement with the association to discuss matters of employee interest. (4) Utilization of the disciplinary Procedure (see Resolution 1974 -41 or its successor, if any during the term of this MOU, and Ordinance No. 1593). (5) Right to request a review of his /her classification and receive a response to the request. d. Management Rights The rights of the Town include, but are not limited to the exclusive right to: (1) Determine the mission of its constituent departments, commissions and boards. (2) Set the standards of service. (3) Determine the procedures and standards of selection for employment and promotion. (4) Direct its employees. (5) Take disciplinary action in accordance with adopted disciplinary procedures, recognizing the employee's right to due process. (6) Relieve its employees from duty because of lack of work or for other legitimate reasons. (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. (12) Refer any question regarding implementation or interpretation of the 3 M.O.U. to the Town Manager or the Town Personnel Officer for a determination. 3. COMPREHENSIVENESS OF AGREEMENT a. The Town and Association agree that this agreement represents all wages, hours, and working conditions subject to the meet and confer process and available to employees. b. In the event that a local, State or Federal law significantly impacts the terms of this MOU, the Town will meet and consult with T.E.A. regarding its implementation. In some cases, this may occur after the law or rule has been adopted. 4. EMPLOYMENT a. Step Placement for New Hires The Association 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 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 with a box to be checked indicating whether an employee agrees or disagrees with his /her evaluation. All performance evaluations shall be discussed with the employee prior to the evaluation being completed. Employees shall sign their individual 0 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. As a result of the on -going discussions on the Performance Evaluation and it's relationship to the proposed pay and incentive system, it is T.E.A.'s and the Town's intent to work together in redesigning the Performance Evaluation Form during the term of this M.O.U. The proposed pay and incentive system will not take effect until the performance evaluation form is redesigned. d. Promotions The Town and Association agree that it is in the best interest of both the Town and its employees to foster promotion of incumbent employees. The Town will consider the qualifications of incumbent personnel prior to determining whether an open or promotional examination shall be used to fill a vacancy in T.E.A.- represented classifications. The Town shall maintain a transfer list for any employee who is interested in applying for another position in the same job family. It is the employee's responsibility to notify the Personnel Office of their interest in another position. The Town reserves the right to select an applicant for a vacant position from the transfer list or employment certification list. Employees desiring promotion or change of job classification shall keep an interest card on file with the Town Personnel Department. The Town and Association recognize the Town's sole right to determine the method for the selection of Town employees through either an open or promotional examination process. If a determination is made by the Town that a promotional examination will be used to fill a vacant position, any qualified employees who participate in the examination process shall be allowed time off from regularly scheduled work in order to participate in the examination process if the examination process is scheduled during the employee's normal work period. There shall be no overtime paid for participation in the examination process. All Town job announcements shall be posted on Town bulletin boards a minimum of five (5) working days prior to the final filing date. e. Work Day /Week 5 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. 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. doff Policy A minimum thirty (30) calendar days notice shall be provided to any employee to be laid off. Determination of layoff lists shall consider "performance" as well as seniority with equal weight given to both seniority and performance. Layoff shall take place within classifications by individual department. Use of current Town performance evaluation form would provide for measurement of performance levels as E (exceeds standards); M (meets standards); I (improvement needed). 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 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 Association 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 reapproved by the Department Head and Town Manager on an annual basis. h. Reclassifications The Association recognizes the sole right of the Town to reclassify positions. 5. SALARY AND OTHER COMPENSATION a. Town Compensation Policies Town and Association 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 5 a. (3) above. b. Compensation The salary schedule listed in Appendix B shall be effective August 5, 1991. C. Overtime Overtime is defined as hours worked in excess of the normal work week. Overtime is scheduled solely at the discretion of the Town. Overtime compensation shall be governed as follows: (1) The overtime rate shall be at time and a half. (2) Overtime work shall accumulate to be paid off at the employee's option, subject to the scheduling needs of the Town. (3) The maximum overtime accumulation shall be fifty (50) hours. (a) The maximum overtime accumulation for Dispatchers only shall 7 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 Call back is defined as Town required return to work after an employee has completed his /her normal work day and before his /her next scheduled normal workday. The normal work day shall be scheduled solely at the discretion of the Town. Minimum call -back shall be three (3) hours at the overtime rate. An employee notified of overtime that is not contiguous to his /her shift less than 24 hours in advance will be paid at the call back rate. There will be a three hour minimum at the call back overtime rate for Town Commission /Council meetings. e. Shift Differential The Town shall pay an hourly premium of $1.00 per hour to any permanent (full -time or part -time) employee who is assigned to a shift where at least 50% of the shift (including breaks) falls between 6 p.m. and 7 a.m. The Town shall pay an hourly premium of $1.00 per hour to any permanent (full -time or part -time) employee for the actual hours worked between the hours of 6 p.m. and 7 a.m. when 50% of the employee's shift (including all breaks) does not fall between these hours. The provisions of this section do not apply to employees in the classification of Communications Dispatchers. f. Deferred Compensation A Town program of deferred compensation shall continue to be available to T.E.A. represented employees. g. Out -of- Classification Pay The Town and the Association agree that it is the intent of Town management, whenever possible, to avoid working an employee out of classification for a prolonged period of time. Compensation for out -of- classification work shall be an additional five percent (5 %) of the regular pay of the employee's permanent classification or the first step of the higher classification, whichever is greater. Employees appointed to work out -of -class will receive out -of- classification pay beginning the first day of the out -of- classification assignment. 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 significant duties of an authorized, funded, permanent position in another classification. "Significant duties" shall be as defined in the "examples of work" section of the appropriate job specification. Any employee who believes they are working out -of -class may request a review of their classification. 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. h. Bilingual Incentive Pax Employees filling classifications specifically requiring bilingual ability shall be compensated at one (1) range (approximately 2.5 %) above the normal compensation range for the regular classification. i. 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 $385 per year and designated Community Service Officer and Parking Control Officer employees with a uniform allowance of $275 per year in separate paychecks during January of each year. The uniform allowance would 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 for the repair /replacement of damaged articles to the Town. j. 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 W during the term of this Agreement. Costs of this program shall not be charged to the Association's total compensation package. k. 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 scheduled 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 Off If the holiday falls on a normally scheduled day off, the employee receives eight hour 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 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 May of each year. (Permanent half -time positions will be prorated to twenty-two hours.) 1. Variable Salary Step Evaluation Process The Town and the Association agree to work together to finalize and implement the variable salary step evaluation process as conceptually described on Appendix "D". The Town and the Association will work to refine the program by January 31, 1992. Implementation of any changes would occur with adoption of the subsequent M.O.U. 6. PAYROLL / PAYCHECKS a. Poll Periods The Town and Association agree that a biweekly payroll period shall be 10 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. 7. HOLIDAYS a. The following shall be observed as holidays for the members of the unit: January lst 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 Half day on December 24 and 31 (four hours maximum each) b. On December 24 and 31, Town offices normally open between 8:00 a.m. and 5:00 P.M., shall close at 12 noon. C. Days proclaimed as holidays by the President of the United States or the governor of the State of California subsequent to the effective date of this Agreement, subject to the Mayor also proclaiming the day as a holiday. d. 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. a. Dental The Town shall contribute $53 per month towards a dental insurance program E[l 9 9 e. f. for those employees who have chosen the family medical insurance coverage provided in Section c. below. Medical Effective August 1, 1991, choice of coverage as provided by the Public Employment Retirement System Health Benefits medical program. Family Medical Insurance Premiums In lieu of the Cash Allocation Plan (9), the Town will provide payment of medical insurance premiums equal to the cost of Kaiser North family medical insurance as offered by the Public Employees Retirement System Health Benefits medical program. The determination as to whether this benefit is provided must be made on an individual basis upon employment with the Town and between June 15 and July 15 of each year thereafter. Employees opting for this medical insurance coverage will not participate in the Cash Allocation Plan. 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 twice the employee's base salary, not to exceed $150,000. Disability Insurance The policy will provide for 60% of salary up to a maximum of $5,000 per month to be paid effective beginning the 31st day of disability. The disability policy will be provided at Town cost. Workers' Compensation The Town and Association agree that employees who sustain illness or injury arising out of and in the course of their Town employment shall receive benefits equal to those mandated by the State of California plus the difference between State mandated benefits and the equivalent of one hundred percent (100 %) of the individual's net regular salary, if any, paid by the Town for the first thirty (30) calendar days of absence. Town shall deduct leave balances from the employee's accrued sick leave, accumulated overtime, vacation leave, and annual leave (in that order) for all Town paid compensation. An employee may at his /her discretion advise the Town that he /she does not wish to be compensated at a level above the State - mandated benefits. In such case, the Town would provide no further compensation and there would be no charge to leave balances. An employee without leave balances shall only be paid State mandated benefits. Compensation available to the employee after the initial thirty (30) day period shall include both State - mandated benefits and the coverage afforded by the Town -paid employee disability insurance program subject to an employee not 12 [3 h. J• k. receiving anymore than 60% of his /her salary. The current policy provides for 60% of regular salary up to a maximum of $5000 /month. The Town Personnel Officer will create and issue policies and procedures regarding the Workers Compensation Program. Disabili , and Worker's Compensation Committee The Town will form a committee representing all 3 bargaining groups plus management to study the benefits offered by the Town's Disability and Worker's Compensation Programs versus converting to State Disability Insurance. The Committee should complete its work by January 31, 1992 and present any recommendations to the Town Manager. 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. Vision The Town to provide up to $120 per family for annual reimbursement for the cost of eye exams, prescription glasses, contact lenses, and related expenses. This program will apply to the employee and immediate family (spouse, and unmarried children under the age of 19 who are living at home, or 23 years of age and a fulltime student). Employees shall use any medical coverage provided by their medical carrier prior to requesting Town reimbursement. Amounts not used from the reimbursement account shall not be carried forward beyond the fiscal year ending June 30 of any year. Employee Assistance Program Premium shall be paid by the Town. Unemployment Insurance The Town will provide State mandated benefits through a self - insurance fund. 9. CASH ALLOCATION PLAN (Formerly Cafeteria Benefit Plan) In lieu of the Family Medical Plan (8 c.), the Town will provide an allocation per employee of $353.75 per month beginning August, 1991. 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. a. Taxable Benefit 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 by separate check. 13 10. 11. 12. b. Pre -Tax Benefits Pre -tax benefits available in the program are medical and dental insurance. 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. PUBLIC EMPLOYEES RETIREMENT SYSTEM (P.E.R.S.) a. Town Contribution There shall be no change in P.E.R.S. the term of this Agreement. There employee for coverage by P.E.R.S.. b. Retiring_ Employees benefits initiated by the Town during shall be no increase in cost to the All employees involved in the P.E.R.S. Plan have the option to assume payment of their own P.E.R.S. contribution at the beginning of their last fiscal year of employment with the Town. The money previously contributed to P.E.R.S. by the Town will be added to the employee's salary. An employee who does opt for this conversion and proceeds to pay the employee's contribution shall not be forced to retire within one year nor shall said employee have the option of revert back to the Town -paid employee contribution. In using this option, employees recognize that the amount of money applied to salary will be less than the 7% paid directly to P.E.R.S. to account for the increase in the Town's portion of retirement. BENEFITS ACCRUAL /PAYMENT There shall be no accrual or payment of benefits during unauthorized leave, suspension without pay, or leave without pay. TUITION /REGISTRATION REIMBURSEMENT The reimbursement program shall include costs for tuition, registration, transportation, lodging, and meals for educational opportunities including college and university courses, lectures, demonstrations, seminars and other job - related training subject to the following: 14 a. Maximum reimbursement of $400 per employee per calendar year; b. Preparation for classes to be done on employee's own time; C. Employee must request and receive advance written authorization from his /her department head; d. All requests for reimbursement must be approved in advance on a Request for Reimbursement Form. The employee may select to receive reimbursement before or after completion of the course. All expenses must be documented however, with a copy of the course description, flyer, registration packet, etc. Receipts must also be submitted for any books. e. Following completion of the course, documentation must be submitted to reflect satisfactory completion, i.e., passing grade or verification of completion of the course. If reimbursement (or advance) is requested prior to course completion, documentation of satisfactory course completion must be submitted within 3 months of the completion of the course. Documentation within the prescribed time frames is the responsibility of the employee. f. If documentation is not received, a deduction will occur on the paycheck to cover the expenses advanced. The employee will be notified in advance prior to any deduction from the pay check. All other finance and paperwork procedures must also be followed. g. Additionally, employees choosing to use tuition reimbursement to attend job - related seminars during their normal work day may be paid for that day. h. Participation in and successful completion of courses may be considered by the Town in making assignments and promotions. Evidence of such training may be submitted by the employee for filing in his /her personnel file. 13. VACATION AND LEAVES a. 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. Due to the scheduling needs of the Town, if a pre- approved vacation is cancelled, 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. b. Vacation Accrual All employees hired by the Town and represented by the Association during the term of this agreement shall accrue vacation hours as follows: 15 C. a 0 to 36 months - 10 days per year (3.08 hours per pay period) 37 to 60 months - 15 days per year (4.62 hours per pay period) 61 to 120 months - 20 days per year (6.16 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 344 hours. Cash out of up to 40 hours at 100% value available December 1 of each year. Sick Leave Sick leave shall accumulate at the rate of eight (8) hours per month (3.70 hours per pay period); with unlimited accumulation. 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. Sick Leave Cash -Out Program Employees who terminate employment with the Town for any reason other than retirement 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 least 150 hours at the time of termination. Employees working less than full -time shall have the 150 hour balance provision 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. 16 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. Maintaining a balance to be used for sickness is the responsibility of the employee and is encouraged. 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 - 23 days per year (7.08 hours per pay period) 61 to 180 months - 28 days per year (8.62 hours per pay period) 181+ months - 33 days per year (10.16 hours per pay period) (2) Cash out of up to 40 hours at 100% value available December 1 of each year. In order to be eligible for annual cash -out program, an employee must maintain an annual leave accrued balance of at least 80 hours after cash -out on December 1 of each year. (3) Maximum accrual shall be 384 hours. f. Personal Leave Sixteen (16) hours will be available per calendar year. Personal leave may not be accumulated from year -to -year nor is it subject to cash -out at any time. g. Medical /Maternity Leave 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 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 17 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). j. Military Leave Time off shall be provided for up to a maximum of four (4) weeks per calendar year with proper documentation on orders submitted to the Town. Military leave and benefits shall be granted in accordance with State and Federal law, including the continuation of employee salary and benefits. k. Jury Duty Employee salary and benefits are to be continued during periods of Court - assigned jury duty. Compensation for an employee subpoenaed testimony for Town related matters and participation in any legal matter required as a result of working for the Town will be reviewed on a case by case basis. Employee shall turn over to the Town any compensation from the courts or other source for jury duty. Leave Without Pav 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 entitlements of any kind) for the duration of such leave. An employee who is on leave without pay will have the ability to continue medical and dental coverage at their own expense in accordance with the Town's administrative policy on benefit retention. Vacation, sick leave, annual leave, or time worked shall not be used intermittently during an extended leave to interrupt a determination that an employee is on leave with no pay. M. Leave Balances Vacation, annual leave, and accumulated overtime will be paid off upon resignation, retirement, or dismissal at 100% value subject to the personnel rule provisions, effective the last full work -day with the Town. This will terminate the employee's status as an employee of the Town. Sick leave shall be cashed out as per Section 13.c. V In the event of an employee's death, these leave balances shall be paid to the employee's estate. 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) calendar days of the date the grievable activity occurred or the date the employee could reasonably have known such activity occurred. The parties agree that all grievances will be processed in accordance with the following procedure: Step 1 Any employee who has a grievance shall first try to get it settled informally through discussion with his /her immediate supervisor without undue delay. Every effort shall be made to find an acceptable solution at the lowest possible level of supervision. If the employee is not satisfied with the informal resolution, then a formal grievance must be filed within thirty (30) calendar days of the date the grievable activity occurred or the date the employee could reasonably have known such activity occurred. Steu 22 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. Step 3 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 five (5) 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, which shall be rendered within twenty (20) working days after the appeal is made, shall be final. 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 19 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 State of California subject to the limitation of the I.R.S. standard. 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 Acquisition The Association recognizes the Town's sole right to determine the specifications of all Town vehicles. The Town will seek employees input when considering vehicle acquisition. e. Discipline The Town Manager and Town Attorney will develop Personnel Procedures including actions subject to discipline and will solicit comments from the Association. 16. EQUAL OPPORTUNITY GRIEVANCE PROCEDURE a. Intent It is the intent of this procedure to provide an efficient means for resolving individual or group problems of a sensitive nature quickly and with a minimum of formal procedural requirements. El MENIMI This procedure shall apply to allegations of discrimination in regard to application, recruitment, appointment, training, promotion, retention, discipline, or other aspects of employment because of race, religion, color, sex, physical /mental handicap, medical condition, marital status, age, national origin or ancestry and provides for a process to investigate and correct the effects of such discrimination. C. Limitations The establishment of this procedure for resolving complaints of discrimination shall supplant regular grievance procedures but not prohibit employees or applicants from filing complaints with the Fair Employment Practice Commission (FEPC). Equal Employment Opportunity Commission (EEOC) or the courts. The procedure is intended and should be viewed as a means of providing the special skills needed to promptly and fairly handle the sensitive issues involved, and to ensure full cooperation with federal and state agencies. An employee who elects to proceed under this section is not entitled to, and shall not be required, to utilize regular grievance procedures for any complaint grieved under this section. Procedure under this section are alternative to regular grievance procedures. d. Definitions (1) Aggrieved Person: An employee or applicant for employment who feels discriminated against or harassed on the basis of race, religion, color, sex, physical /mental handicap, medical condition, marital status, age, national origin or ancestry in regard to application, recruitment, appointment, training, discipline, or other aspect of employment. (2) Complainant: An aggrieved person who has filed a formal complaint. (3) Equal Employment Opportunity (EEO) Counselor: An employee trained in EEO procedures and counseling techniques to provide informal counseling on matters pertaining to discrimination. Affirmative Action Officer will designate the individual with responsibilities of the EEO Counselor. This employee may also be assigned to investigate allegations once a formal complaint is filed, and to produce a written report of findings. This person must be capable of fairness, impartiality, and objectivity. e. Representatives In presenting and resolving grievances employees may represent themselves or may designate representatives of their own choosing. Costs associated with such representation, if any, will be borne by the employee. 21 f. SteDS In the Procedure (1) Aggrieved persons shall first contact the Equal Employment Opportunity Counselor within 30 calendar days of learning of such act or decision and before filing a formal complaint with the Affirmative Action Officer. The EEO Counselor shall, within 30 calendar days: (a) Consult with the aggrieved person. (b) Discuss with aggrieved person applicable civil rights. (c) Make necessary inquiries in an attempt to resolve the complaint. (d) Counsel aggrieved person on issues of the case. (e) Seek informal resolution of problems by facilitating open communication between the aggrieved and departmental management. (2) Formal Complaint If informal resolution of problems through conciliation and negotiation cannot be accomplished within 30 days of contacting the EEO Counselor, the aggrieved person(s) may file a formal complaint with the Affirmative Action Officer. The Affirmative Action Officer will decide whether the complaint falls within the jurisdiction of the procedure and accept or reject it in writing. If the aggrieved person wishes to appeal the Affirmative Action Officer's decision he /she may do so, in writing to the Town Manager within seven working days of receipt of the Affirmative Action Officer's decision. The Affirmative Action Officer, upon acceptance of a complaint: (a) Shall review the case with the Equal Employment Opportunity Counselor. (b) May assign the EEO Counselor to conduct a prompt, impartial investigation if necessary, and review findings thereafter. (c) Shall notify Town Manager of all formal complaints received from employee and provide copies of completed investigative reports to Town Manager upon request. (d) Shall make available to the parties involved a copy of the completed investigative report. (e) Explore further possibility of informal adjustment of the problem through negotiation of conciliation with Department Head or the parties to the complaint. 22 (f) Present findings and recommendations for adjustment to the Town Manager. (3) The Town Manager shall provide the complainant with a written decision within 90 calendar days from the time a formal complaint is filed. 17. ABSENT WITHOUT AUTHORIZED LEAVE Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays and leaves. It shall be the responsibility of an employee absent without leave to notify the department head of the reason the employee is absent and of the employee's availability for duty. An employee who is absent without authorized leave will not receive pay or benefits for the absent period and shall be subject to discipline. Failure on the part of an employee absent without leave to return to duty shall be grounds for discharge. 18. 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. 19. CHILD CARE The Town agrees to form a joint T.E.A. /Town Committee to discuss childcare with no guarantee of implementation. 20. TOWN VEHICLES Effective June 30, 1990, Town vehicles are not to be taken home. 23 FOR THE TOWN: D, t3 DAVID W. KNAPP Town Manager Town Negotiating Team MARK LINDER Town Negotiating Team LEE E. BOWMAN Town Negotiating Team NeizotiatinQ Team CARLA TURNER Town Negotiating Team ATTEST: C N i Yu/x2QZn MA Vk SGROVE CLERK OF THE TOWN OF LOS GATOS FOR T.E.A.: DAVE GRAY T.E.A. President Negotiating Team CHRIST E. RODEKUHR T.E.A. Negotiating Team BRUCE T. BAKER T.E.A. Negotiating Team )G,-, * D,,-t PATRICIA M. DUARTE T.E.A. Negotiating Team KEVIN C. FLAVIA T.E.A. Negotiating Team 24 APPENDIX A Scope of Representation and Salary Range Job Title Administrative Secretary Assistant Civil Engineer /Assistant Engineer Associate Librarian Building Inspector Chief Inspector Code Compliance Officer Communications Dispatcher Community Service Officer Community Services Program Coordinator Counter Technician Engineering Inspector Engineering Technician Historic & Arts Coordinator Junior Engineer Librarian Associate Librarian Library Assistant /Library Assistant II Library Clerk /Library Assistant I Park Ranger Parking Control Officer Plan Check Engineer Planner I Planner II Police Records Clerk Secretary I Secretary II Secretary III Senior Engineering Technician Senior Library Assistant Telephone Operator /Receptionist Transit Program Assistant Transit Program Coordinator Word Processor 25 Ranee 116 242 155 242 252 164 191 164 164 147 195 175 164 212 199 155 88 65 152 65 300 212 242 106 65 79 97 227 142 65 24 164 79 26 APPENDIX B TOWN OF LOS GATOS BI- WEEKLY SALARY SCHEDULE (Effective August 5, 1991) TOWN EMPLOYEES ASSOCIATION Range A B C D E F 24 802.40 842.40 884.00 928.00 974.40 1023.20 65 881.60 925.60 972.00 1020.80 1072.00 1125.60 79 917.60 964.00 1012.00 1062.40 1115.20 1171.20 88 940.00 987.20 1036.80 1088.80 1143.20 1200.00 97 964.00 1012.00 1062.40 1115.20 1171.20 1229.60 106 986.40 1036.00 1088.00 1142.40 1199.20 1259.20 116 1012.00 1062.40 1115.20 1171.20 1229.60 1291.20 142 1078.40 1132.00 1188.80 1248.00 1310.40 1376.00 147 1091.20 1145.60 1203.20 1263.20 1327.20 1393.60 152 1104.00 1159.20 1216.80 1278.40 1342.40 1409.60 155 1114.40 1170.40 1228.80 1290.40 1355.20 1423.20 164 1135.20 1192.00 1251.20 1313.60 1379.20 1448.00 175 1162.40 1221.60 1282.40 1346.40 1413.60 1484.00 191 1207.20 1267.20 1331.20 1397.60 1467.20 1540.80 195 1221.60 1282.40 1346.40 1413.60 1484.00 1558.40 199 1234.40 1296.00 1360.80 1428.80 1500.80 1576.00 212 1279.20 1343.20 1410.40 1480.80 1555.20 1632.80 227 1330.40 1396.80 1466.40 1539.20 1616.80 1697.60 242 1381.60 1450.40 1522.40 1599.20 1678.40 1762.40 252 1415.20 1485.60 1560.80 1638.40 1720.80 1806.40 300 1589.60 1669.60 1752.80 1840.80 1932.80 2028.80 26 APPENDIX C INCENTIVE PAY PLAY -- T.E.A. BARGAINING UNIT July 1, 1983 PURPOSE Recognize outstanding performance of incumbent employees who have reached the top step of their classification. EFFECTIVE Available to all permanent Town employees beginning July 1, 1983. Employee's first eligible one year after merit salary increase advancing the employee to the top step of his /her qualification. Eligibility continued every twelve (12) months if employee remains at top step of range. Employee must have been employed by the town at least thirty -six (36) months in order to be eligible. APPLICATION Awards based on evaluation of performance factors. Performance factors to be rated as: Improvement Needed Meets Standards Exceeds Standards Performance factors for all employees to include: 1. Quality of Work 2. Quantity of Work 3. Work Habits 4. Relationships with People 5. Taking Action Independently 6. Meeting Work Commitments 7. Analyzing Situations and Material Employees with supervisory-type responsibilities will additionally be evaluated on the following factors: 8. Supervision of Others 9. Administering Work Programs 27 If employee rates "improvement needed" in any category, no award provided. Otherwise, factors rated as follows shall be eligible for awards. If seven (7) factors are rated, then: If nine (9) factors are rated, then: Full -Time Meets Exceeds Employee Standards Standards Flat $ Amt 0 7 625 1 6 500 2 5 375 3 4 250 If nine (9) factors are rated, then: Flat dollar amounts are 1/2 for half -time employees and 3/4 for 3/4 -time employees. All evaluations are subject to the review and approval of the Town Personnel Officer. PAYMENT Payments shall be made in a separate check with the payroll paid the month following the employee's anniversary date. 28 Full -Time Meets Exceeds Employee Standards Standards Flat $ Amt 0 9 625 1 8 500 2 7 375 3 6 250 4 5 125 Flat dollar amounts are 1/2 for half -time employees and 3/4 for 3/4 -time employees. All evaluations are subject to the review and approval of the Town Personnel Officer. PAYMENT Payments shall be made in a separate check with the payroll paid the month following the employee's anniversary date. 28 APPENDIX D NEW PAY AND CLASSIFICATION SYSTEM Consideration for advancement from step to step with 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 determination of 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. Discussion of 10, 15, 20 and 25 year performance incentive increases. Discuss performance evaluation appeal process including appeal to department lead; monitoring of performance evaluation system by Assistant Town Manager /Personnel Officer. 29