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1982-124-Approving A Memorandum Of Understanding Between The Town Of Los Gatos And The Police Officers AssociationRESOLUTION NO. 1982 -124 A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF LOS GATOS AND THE POLICE OFFICERS' ASSOCIATION RESOLVED, that the Memorandum of Understanding signed by the Town's representatives and the representatives of the Los Gatos Police Officers' Association on June 21, 1982, is hereby approved. PASSED AND ADOPTED at a meeting of the Town Council of the Town of Los Gatos, California, held on the 21st day of June , 1982, by the following vote: AYES: COUNCIL MEMBERS Ruth Cannon, Thomas J. Ferrito, MarLyn J. Rasmussen and ]Mayor Peter W. Siemens NOES: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS Brent N. Ventura ABSTAIN: COUNCIL MEMBERS None jj SIGNEQ: � MA OR OF OWN OF LOS GATOS ATTEST: CLEF�fHE4044N OF LOS TOS MEMORANDUM OF UNDERSTANDING �,,r -r f` BETWEEN COPY THE TOWN OF LOS GATOS AND .__..,.w...� ...... -�. -.: THE LOS GATOS POLICE OFFICERS ASSOCIATION ryry i ,* THIS AGREEMENT, SIGNED ON JUNE 1982, IS ENTERED INTO AS OF JULY 1, 1982, BETWEEN THE TOWN OF LOS GATOS, HEREINAFTER REFERRED TO AS THE "TOWN ", AND THE LOS GATOS POLICE OFFICERS ASSOCIATION, HEREINAFTER REFERRED TO AS "POA ". Pursuant to Town Resolution 1974 -71 of the Town of Los Gatos and Section 3500 et. seq. of the Government Code, the duly authorized reprersentatives of the Town and POA, having met and conferred in good faith concerning the issues of wages, hours, and terms and conditions of employment, as herein set forth, declare their agreement to the provisions of this Memorandum of Understanding. FOR THE TOWN: David R. Mora Town Manager i 1 Nadine Levin Assistant Town Manager FOR POA: �., times Scaletta �OA Vice-President `rT Pernick "POA Representative Page 1 1. Scope of Representation. The Association represents all permanent employees of the Los Gatos Police Department in the authorized classifications of: Police Officer Police Sergeant 2. Employer- Employee Relations. The Association recognizes the existence of Town Resolution 1974 -41. 3. Term. The term of this agreement shall be from July 1, 1982 to June 30, 1984. 4. Educational Reimbursement. Up to maximum of $300 per calendar year for courses approved by the Chief of Police -- approval to be requested prior to courses being taken. 5. Educational Incentive Pay. a. annual requalification by 3 semester units, 4 quarter units, or 60 training hours taken off duty at employee expense -- units or hours approved by Chief of Police. b. employees becoming eligible between July 1, 1982 and June 30, 1983 shall remain eligible through June 30, 1984; thereafter, pay available on a fiscal year basis with yearly requalification completed by June 30 of each year for follow- ing year payment. c. amounts shall be $50 per month for Intermediate POST and $100 per month for Advanced POST. 6. Shift Differential. $.75 /hour to be paid for work on Watch I, Watch III, and the overlap watch (7PM to 4AM); and for work between the hours of 5:OOPM and 7:OOAM. ',. Special Pays. Retain five (58) percent pay differential will be applicable to motorcycle duty, FTOs, detectives, and juvenile officer. Page 2 8. Acting Supervisor Pay. Acting supervisors shall be compensated at the E Step Sergeant's rate of pay. To the best of its ability, Town shall provide supervisory training to Acting Supervisors. Town shall periodically review the actual time use of Acting Supervisor designations in order to determine the necessity of additional permanent supervisory positions. 9. Insurance Programs and Rate of Town Contribution. - dental -- retain $20 per month Town contribution; new program to be available 1 -1 -83; PDA to work with Town and other bargaining units in selection of the new program; the existing Town Dental Plan shall remain as option available to employees after 12- 31 -82. - medical -- choice of coverage among Blue Cross, Kaiser, and Lifeguard -- Town contribution $130 per month. -life -- retain current coverage and Town payment. - disability -- retain current coverage and Town payment. - psychological -- new benefit at Town cost. 10. Uniform Allowance. -Town to provide first full uniform to new employees. - annual $400 to be paid to each employee with the first warrants issued each fiscal year by the Town. -Town replacement obligations limited to pro rated value of damaged articles. -Town defines uniform and can order an individual to replace worn items. -full cash out of uniform allowance balances accrued as of 6- 25 -82. 11. Overtime. - overtime to be compensated at time and one -half. -CTO accumulation to remain at time and one -half -- maximum accumulation fifty (50) hours. -Call Back -- three (3) hour minimum with the exception of Watch I and 7PM to 4AM overlap which shall be entitled to four (4) hours if called back on the same day of work. 12. Grievance Procedure. Grievances shall be defined as alleged violations of this agreement or disputes regarding interpretations, application, or enforcement of this agreement to Town ordinances, resolutions, and written policies related to Page 3 personnel policies and working conditions. Grievances shall not include disagreements, disputes, or activities regarding or pertaining to examinations for employment or promotion, disciplinary action, performance evaluations, and probationary terminations. 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 sixty (60) calendar days of the date the grievable activity occurred or the date the employee could reasonably have known such activity occurred. The provision for the sixty (60) day "statute of limitations" shall not apply to probationary employees. The parties agree that all grievances will be processed in accordance with the following procedure: Any employee who has a grievance shall first try to get it settled 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 after such discussion the employee does not believe the grievance has been satisfactorily resolved, he /she may file a formal appeal in writing to the Chief of Police within ten (10) calendar days after receiving the informal decision of his /her immediate supervisor. The Chief of Police shall render his written decision within ten (10) calendar days after receiving the appeal. If after receipt of the written decision of the Chief of Police, the employee is still dissatisfied, he /she may appeal the decision of the Chief to the Town Manager. Such appeal shall be made by filing a written appeal to the Town Manager within five (5) days after receipt of the written decision of the Chief. The Town Manager shall review the decision of the Chief, 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 mutual agreement of the parties. If either party to the grievance so requests, an informal hearing shall be conducted at the Chief of Police or Town Manager appeal levels. Employees may be represented by counsel or other person at any stage in the grievance process. r Page 4 13. Accrual of Benefits. Benefits shall not accrue to employees on unauthorized leave, suspension, or leave without pay. 14. Payroll Periods. Association shall participate in any Town -wide vote that would effect a change in payroll periods. 15. Paychecks. Payroll deductions and accruals shall appear on all paychecks. 16. PERS Benefits. There will be no change in those benefits in effect on June 30, 1982. 17. Vacation Schedule. The following vacation schedule shall apply to all employees: 0 to 36 months -- 10 days per year. 37 to 60 months -- 15 days per year. 61 to 180 months -- 20 days per year. 181 months and over -- 25 days per year. 18. Holidays and Holiday Pay. The following holidays will be observed by non - uniform personnel: January lst. 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. after 12 noon on December 24 and December 31. every day declared a holiday by the President or the State Governor. Holidays which fall on Saturday shall be observed on the Friday prior and holidays which fall on Sunday shall be observed on the following ZIonday. Uniform personnel shall receive compensation in -lieu of holiday time off equal to forty (40) hours of base pay with the first warrants distributed in December and June of each year. Plain clothes personnel shall receive an eight (8) hour floating holiday for the fiscal year July 1, 1982 to June 30, 1983. Page 5 19. Jury Duty. Employee salary and benefits shall be continued during jury duty; employee turns over to the Town any compensation from the courts or other source for jury duty on regular work days. 20. Workers' Compensation. Employees shall be provided benefits in compliance with State law. 21. Unemployment Insurance. Town to pay one percent (1 %) contribution to the State fund. 22. Leave Without Pay. Leave without pay shall be subject to approval of the Chief of Police and the Town Manager. 23. Residence Requirement. Employees shall reside within twenty (20) mile radius of Town Hall within eighteen (18) months of appointment. 24. Work - Related Outside Employment. Work - related outside employment shall be subject to approval of the Chief of Police and the Town Manager; no work within Town limits; no use of Los Gatos uniform, badge, ID, or LG issued items; vacation or CTO to be used for court appearances resulting from private employment; violation of these rules may be cause for disciplinary action. 25. Bereavement Leave. Up to five (5) days available -- use limited to spouse, parent, grandparent, child, or sibling by blood or marriage. 26. Layoff Policy. Current policy to be amended to provide for a minimum thirty (30) calendar day notice. 27. Military Leave. No more than two (2) weeks with pay during any one calendar year -- approved orders to be submitted to Town. Page 6 28. Salary. Salary increase of 8.58 effective the first pay period beginning July 1, 1982; thereafter increase in total compensation to be effective the first pay period after June 30, 1983 per the following: 7.58 total compensation increase unless the SF /0 CPI (all urban consumers) exceeds 10.08 -- excess over 10.0% in CPI to be credited to total compensation increase at 50% value up to a maximum total compensation increase of 9.0% - -if the SF 10 CPI is 5.08 or less, then the total compensation increase will be equal to the CPI. POA shall advise the Town no later than June 15, 1983 of its allocation of the total compensation increase for FY 1983 -84 among various cash benefits provided in this agreement. 29. Deferred Compensation. Effective October 1, 1982, employees will be eligible to participate in the Town deferred compensation plan. 30. Vehicles. Town shall advise POA no later than sixty days prior to Town development of vehicle specifications for patrol vehicles. POA shall submit recommended specifications for vehicle purchase no later than thirty (30) days after receiving the notice from the Town. 31. Completeness of MOU. Town and Association agree that this MOU represents the total package of salary, wages, and fringe benefits subject to negotiation for members of the Association.