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1984-100-Authorizing The Town Manager To Execute The Memorandum Of Understanding Between The Town And The Los Gatos Police Officers' AssociationRESOLUTION NO. 1984 -100 A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE THE MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN AND THE LOS GATOS POLICE OFFICERS' ASSOCIATION. BE IT RESOLVED by the Town Council of the Town of Los Gatos that the Town Manager is hereby authorized to execute a Memorandum of Understanding between the Town and the Los Gatos Police Officers' Association (a copy of which is attached hereto). PASSED AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF LOS GATOS at a regular meeting held this 18th day of June 1984, by the following vote: AYES: COUNCILMEMBERS Joanne Benjamin, Eric D. Carlson, Terrence J. Daily Brent N. Ventura and Mayor Thomas J. Ferrito NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS ABSTAIN: COUNCILME SIGNED: ATTEST: { CLERK OF THE TOl OF LOS OS MEMORANDUM OF UNDERSTANDING BETWEEN _ THE TOWN OF LOS GATOS P AND (a VT HE LOS GATOS POLICE OFFICERS ASSOCIATION THIS AGREEMENT, BETWEEN THE TOWN LOS GATOS POLICE --- SIGNED ON JUNE 22 , 1984, IS ENTERED INTO AS OF JULY 7, 1984, OF LOS GATOS, EFfT2EINAFTER REFERRED TO AS THE "TOWN ", AND THE OFFICERS ASSOCIATION, HEREINAFTER REFERRED TO AS "POA". Pursuant to Town Resolution 1974 -47 of th et. seq. of the Government Code, the duly Town and PDA, having met and conferred in wages, hours, and terms and conditions of declare their agreement to the provisions Understanding. FOR THE TOWN: Dav1777 ra Town Manager f ber Sc us er Police Captain Town of Los Gatos and Section 3500 authorized representatives of the good faith concerning the issues of employment, as herein set forth, of this Memorandum of FOR PDA: ident i I'm POA Dennis o n POA Negoti Team Page 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 Z. Employer- Employee Relations. The Association recognizes the existence of Town Resolution 1974 -41. 3. Non- Discrimination. The Town and Association 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, Association membership or activity on behalf of the Association, marital status, sexual preference, or pregnancy. Association and Town support affirmative action in Town hiring. 4. Term. The term of this agreement shall be from July 1, 1934 to June 30, 1936. 5. Salary. Effective July 1, 1934, the salary schedule listed as Appendix A to this Agreement shall be in effect. 6. PERS Benefits / Town Contribution. There shall be no change in PERS benefits provided by the Town during the term of this Agreement. Effective July 1, 1934, the Town shall pay 4.51 of employee salary to PERS; this contribution shall be credited to the "employee paid" portion of PERS. There shall be no change in the rate of PERS contributions paid by the Town during the tern of this Agreement with the exception that the Town shall pay 9.01 of employee salary to the "employee paid" portion of PERS effective with the first payroll period after July 1, 1935. Page 2 Educational Incentive Pay. The Town shall provide an Educational Incentive Pay Program with payments of $50 per month for Intermediate POST certification and $100 per month for Advanced POST certification. Educational Incentive Pay shall be available to employees effective the first full calendar month after qualification. Thereafter, pay shall be available on a fiscal year basis with yearly requalification completed by June 30 of each year for following fiscal year payment. Annual requalification shall be obtained by successful completion of 3 semester units, 4 quarter units, or 60 training hours taken off duty at employee expense. Qualifying units or hours to be approved in advance by Chief of Police. 8. Special Pays. Town shall provide a five (5 %) percent pay incentive to Association represented personnel assigned to motorcycle duty, detectives, personnel /training officer, school resource officer, traffic coordinator, and juvenile officer. Assignment for special pay purposes shall be done using Town Personnel Action Forms. Officers designated as field training officers shall also receive a five percent (5 %) incentive for the period of their designation. Acting Supervisor Pay. Acting supervisors shall be compensated at the "E" Step of the Sergeant's rate of pay. To the best of its ability, Town shall provide supervisory training to Acting Supervisors. Town shah periodically review the actual time use of Acting Supervisor designations in order to determine the necessity of additional permanent supervisory positions. 10. Shift Differential. $1.00 /hour to be paid for work on Watch I, Watch III, and the overlap watch (7PM to 4A14); and for work between the hours of 5:00PH and 7:OOAM. i1. Educational Reimbursement. Subject to the approval of the Chief of Police, Association represented employees shall be reimbursed up to maximum of $400 per calendar year for educational courses taken to further employee skills as Los Gatos Town police personnel. Reimbursement shall be limited to costs of tuition and books only. Other costs associated with POST- certified courses may be reimbursed subject to the approval of the Chief of Police. Approval must be requested prior to courses being taken. Page 3 12. Insurance Programs and Rate of Town Contribution. Dental - retain $20 per month Town contribution; POA to work with Town and other bargaining units in selection of the new program. Medical - choice of coverage among Blue Cross, Kaiser, and Lifeguard. Life - increase coverage to $50,600 plus $50,000 Accidental Death; Town to pay full premium. Disability -- policy shall provide 606 of salary benefit; policy shall provide coverage effective 31st day of disability. Employee Assistance Program -- premium shall be paid by the Town. Unemployment Insurance -- premium shall be paid by the Town. 13. Family medical Insurance Premiums. In lieu of the cafeteria benefit program (Item 14), the Town will provide payment of medical insurance premiums equal to the cost of the least cost family medical insurance program offered by the Town. The determination as to whether this benefit is provided must be made on an individual basis upon employment with the Town and between June 1 and June 15 of each year thereafter. Employees opting for this medical insurance coverage will not participate in the Cafeteria Benefit Program. 14. Cafeteria Benefit Program. Allocation available per employee shall be $1850.34 per year. Benefits available in the cafeteria program include medical insurance, local health club membership, and deferred compensation. Employees choosing to use cafeteria benefits for medical insurance must pay all medical premiums from the cafeteria allocation prior to any allocation of the cafeteria benefits to either deferred compensation or health club memberships. Employees choosing to use cafeteria benefits for health club membership shall sign a waiver prepared by the Town Attorney holding the Town harmless from any injury to the employee incurred because of health club membership. All use of cafeteria funds for health club membership shall be handled on a reimbursement basis. 15. Uniform Allowance. Town to provide first full uniform (per Town approved list) to new employees. Annual $500.00 to be paid to each employee in a separate payroll check to be distributed the last working week of July, 1984; annual $650.00 to be paid to each employee in a separate payroll check to be distributed the last working week of July, 1985. Page 4 15. Uniform Allowance (continued). Town replacement obligations limited to pro -rated value of damaged articles. Town shall replace only authorized uniform items damaged in the performance of official duties. Town defines uniform and can order an individual to replace worn items. 16.Mileage Reimbursement. Town directed and authorized use of personal automobiles by an employee to conduct official Town business shall be subject to reimbursement for official at the mileage rate established by the Town. 17. Town Retirement Plan. The Town and Association agree that the total percentage of employee salary contribution of the Town to the Town Retirement Plan shall be equal to the Town percentage of employee salary contribution to the Public Employees' Retirement System (PERS). There will be no additional Town contribution of any type to the Town Retirement Plan. The article shall only take effect if all Town bargaining units agree to similar language. 18. Payroll Periods. The Town and Association agree that a biweekly payroll period shall be instituted no later than January 1, 1985 subject to the following conditions: Employee pay shall not be withheld more than seven (7) calendar days. A11 Town employees shall be paid biweekly. Effective no later than January 1, 1985, 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 Association shall continue to be available to all employees. 19. Paychecks. Payroll deductions and accruals shall appear on all paychecks. 20. Deferred Compensation. The Town shall continue to offer a program of deferred compensation to its employees. Page 5 21. Overtime. All overtime worked shall be compensated at time and one -half. The employee may choose whether overtime worked shall be accumulated as CTO or paid out subject to a maximum accumulated overtime (CTO) of 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. 22. Vacation Schedule. The following vacation schedule shall apply to all employees: Months of Employment 0 to 36 months 37 to 60 months 61 to 780 months 187 months and over Accrual Rate 10 days per year. 15 days per year. 20 days per year. 25 days per year. Maximum accrual of vacation hours shall be 344 hours. 23. Vacation and Overtime Cash -out. Employees who terminate from Town service shall have all accrued vacation and overtime cashed -out subject to the provision that employees who resign roust provide the Town with a minimum two (2) week written notice of resignation. 24. Holidays and Holiday Pay. The following holidays will be observed by non - uniform personnel: January 1st. 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. 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 Monday. Page 5 24. Holidays and Holiday Pay (continued). Uniform personnel shall receive compensation in -lieu of holiday time off equal to forty -four (44) hours of base pay in separate payroll checks distributed the last working week of November and May of each year. In the event that an additional holiday is observed by the Town during the term of this agreement, the in -lieu compensation shall be increased by the additional hours holiday time made available to non- uniform personnel. Uniform personnel shall receive an additional eight (8) hours of in -lieu of holiday pay in a separate check to be distributed with the regular payroll of June 30, 1984. 25. Sick Leave. Accumulation rate shall be eight (8) hours per month. Maximum accumulation shall be 1400 hours. The Town may require Association represented employees to provide a doctor's statement of proof of illness for any use of sick leave beyond one working day. Effective December 1, 1934, the current Town sick leave cash out program shall be discontinued. Each employee represented by the Association on November 30, 7984 may, at his /her discretion, cash out up to thirty (30) days of accumulated sick leave at a percentage credit determined by length of service with the Town. Employees may cash out at thirty percent (30 %) value after five (5) years of service and receive credit of one (1) additional percentage point for every additional year of service up to a maximum of fifty percent (50 %). In order to be eligible for this one -time cash out, an employee must retain a minimum sick leave accrual of two hundred (200) hours. In order to be eligible for the annual sick leave cash out program, an employee must have a sick leave accrual balance of at least two hundred (200) hours on November 30 of the year cash out is taken. Page 7 26. Annual Sick Leave Cash -Out Program. Uri a twelve month basis (December 1 to November 30) of each year, individual employees may at their discretion cash out accumulated sick leave as follows: Sick Leave Use Eligible for 1211 to 11/30 Cash -Out 0 -13.5 hrs 6 days @ 75% value 13.6 -27 hrs 6 days @ 2/3 value 28 -36 hrs 6 days @ 50% value In order to be eligible for the annual sick leave cash -out program, an employee must have a sick leave accrual balance of at least 200 hours on November 30 of the year cash -out is taken. 27. Military Leave. Time off up to a maxinrum of four (4) weeks shall be provided for bona fide military orders for Association represented employees subject to proper documentation of those orders submitted to the Town. Employee salary and benefits shall be continued, but the amount of base military pay received by the employee shall be deducted from the employee's first paycheck after his /her return to work. 28. Bereavement Leave. Up to five (5) days available per occurrence -- use limited to spouse, parent, grandparent, child, or sibling by blood or marriage. 29. 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 Town "urban service area ". Leave subject to scheduling by the Town, employees shall be allowed to charge time off to accumulated overtime, vacation hours, and sick leave hours (in that order). 30. Leave Without Pay. Leave without pay shall be subject to approval of the Chief of Police and the Town Manager. 31. 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. Page 8 32. Accrual of Benefits. Benefits shall not accrue to employees on unauthorized leave, suspension, or leave without pay. 33. Workers' Compensation. Employees shall be provided benefits in compliance with State law. 34. 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. 35. Outside Employment. Outside employment shall be subject to approval of the Chief of Police and the Town Manager; no security 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. 36. Residence Requirement. Employees shall reside within twenty (20) air mile radius of Town Nall within eighteen (18) months of appointment. 37. Layoff Policy. Association recognizes the right of the Town to determine the resources to be made available to the police department. Although a reduction in force (layoff) is not anticipated, it is recognized that it is the sole right of the Town to determine when such reductions in force are necessary. Reductions in force shall be by classification with the determination of affected employees by the Town based on seniority counted as total time employed by the Town. Affected employees shall be provided a minimum thirty (3U) calendar day notice of layoff. Employees in the classification of Police Sergeant and designated for lay off shall have the right to return to positions previously held with the Town and represented by the Association. Page 9 38. Vehicles. Town shall advise POA no later than sixty days of vehicle specifications for patrol vehicles. recommended specifications for vehicle purchase days after receiving the notice from the Town. 39. Promotions. prior to Town development POA shall submit no later than thirty (30) 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 and Association recognize the Town's sole right to determine the examination process for the selection of Town employees. Qualified employees who are invited to participate in the examination process shall be allowed up to two (Z) hours 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. To the best of its ability, the Town shall maintain a current promotional list for the position of Police Sergeant. 40. Probationary Period. Town and Association agree that all original and promotional appointments to the positions of Police Officer and Police Sergeant shall be subject to satisfactory completion by the employee of a one (1) year probationary period. Upon recommendation of the Chief of Police, the Town Personnel Officer may extend the probationary period of an employee for a period not to exceed an additional six (6) months. 41. Performance Evaluati Performance evaluations shall take place at least every three (3) months for all probationary employees and shall take place at least annually thereafter on the anniversary of an employee's employment with the Town. Employees eligible for step increases shall receive their performance no later than fifteen (15) days prior to their employment 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 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. Page 10 42. Reinstatement. Subject to the approval of the Town Manager, a permanent employee who has resigned from employment with the Town may be reinstated within two (2) years of his /her resignation to his /her former position, if vacant. Upon reinstatement, the employee shall be considered as though he /she had received an original appointment, unless other conditions are made a part of the reinstatement by the Town Manager. 43. Re- Employment. The names of employees effected by lay off shall be placed on appropriate re- employment lists in the order of total continuous cumulative time served in probationary and permanent service. Such names shall remain thereon for a period of eighteeen (18) months unless such persons are sooner re- employed. When a re- employment list is to be used to fill vacancies, the Personnel Ufficer shall certify from the top of such list the number of names equal to the number of vacancies to be filled, and the appointing power shall appoint such persons to fill the vacancies. 44. 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 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 command officer responsible for supervision of the employee's immediate supervisor within (10) calendar days after receiving the informal decision of his /her immediate supervisor. The command officer shall respond within ten (10) calendar days of the filing of the appeal. Page 11 44. Grievance Procedure (continued). If the employee does not believe the grievance has been satisfactorily resolved by the command officer, the employee may then 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. 45. Incentive Pay Program. The Incentive Pay Program detailed in Appendix U is recognized as discretionary on the part of the Town. As such, costs of the Program shall not be calculated as part of the Association's total compensation package. The Town, however, does guarantee that an incentive pay program shall be in effect for the Association during the term of this Agreement. The Incentive Pay Program shall be evlauated by the Town one (1) year from the date of its implementation. 46. Completeness of I'4OU. Town and Association agree that this MOU represents the total package of salary, wages, and fringe benefits available to members of the Association. Appendix A Town of Los Gatos Salary Schedule POLICE PERSONNEL Monthly Salary Range Step A Step f3 Step C Step li Step E P -1 2145 2252 2365 2483 2607 P -2 2467 2590 2719 2855 2998 Hourly Rate Range Step A Step B Step C Step U Step E P -1 $12.37 $12.99 $13.641 $14.32 $15.04 P -2 $14.23 $14.94 $15.69 $16.47 $17.30 Police Officers shall be compensated at Range P -1. Police Sergeants shall be compensated at Range P -2. APPENDIX B INCENTIVE PAY PLAN -- PDA BARGAINING UNIT July 1, 19834 PURPOSE Recognize outstanding performance of incumbent employees who have reached the top step of their classification. EFFECTIVE Available to all Association- represented Town employees beginning July 1, 1984. Employee is first eligible one year after merit salary increase advancing the employee to the top step of his /her classification. 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 -- LGPD Evaluation Report Form. Awards based on evaluation of performance factors detailed in the Los Gatos Police Department Evaluation Report form. These factors are consolidated into the following broad catagories: 1. Appearance 2. Attitude 3. Knowledge 4. Performance 5. Relationships A total of thirty -seven (37) factors are evaluated and scored separately from a range of seven (7) as a "superior" rating to one (1) as a "not - acceptable" rating. In order to eligible for an incentive award, an employee may not have any factor rated as one (1) or two (2) which are deemed "not - acceptable". In order to determine the level of performance award granted, the following process shall govern: Employees with an overall mean average rating of five (5) or more shall be eligible for an award of $250.00. Employees with an overall average of six (6) or more shall be eligible for an award of $500.00. Employees with an overall average of seven (7) shall be eligible for an award of $750.00. INCENT ` PAY PLAN -- POA BARGAINING OF APPLICATION -- Town of Los Gatos Employee Performance Report. Awards based on evaluation of performance factors to be rated as: Improvement Needed Meets Standards Exceeds Standards Performance factors 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 3. Supervision of Others 9. Administering Work Programs If employee rates "improvement needed" in any cateyory, no award provided. Otherwise, factors rated as follows shall be eligible for awards: Meets Exceeds Standards Standards Fiat Amt 3 6 250 2 7 500 1 8 500 0 9 750 PAYMENT Employees are eligible for only one award annually. Payment of incentives awards shall be made in a separate check distributed the first payroll period after the employee's performance evaluation in completed. All incentive award payments are subject to the specific review and approval of the Town Manager.