1986-105-Approving Memorandum Of Understanding Between The Town Of Los Gatos And The Employees AssociationRESOLUTION NO. 1986 -105
A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE TOWN OF LOS GATOS AND THE
THE EMPLOYEES ASSOCIATION
BE IT FURTHER RESOLVED that the Town Manager is authorized to
sign the Memorandum of Understanding on behalf of the Town.
PASSED AND ADOPTED at a continued regular meeting of the Town
Council of the Town of Los Gatos, California, held on the 14th day of
July, 1986, by the following vote:
AYES: COUNCIL MEMBERS Joanne Benjamin, Eric D. Carlson,
NOES: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
ABSENT
ATTEST:
Thomas J. Ferrito, and
Terrence J. Daily i
COUNCIL MEMBERS Brent N. Ventura
SIGNED:
MAYOR OF THE WN OALOS AT OS
Ca
CLER OF THE TOWN OF LO SOS GAS
TOWN OF LOS GATOS AND THE TOWN EMPLOYEES ASSOCIATION
COMPREHENSIVE MEMORANDUM OF UNDERSTANDING
ON SALARIES, FRINGE BENEFITS AND WORKING CONDITIONS.
Preamble
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.
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.
Term
The term of this understanding shall be for twelve (12) months commencing at
12:01 am effective July 13, 1986 and terminating at 12:01 am on June 30, 1987.
FOR THE TOWN:
Ue oorrah Swart e�"'
Town Nanager
Team
/Town Negotiati g Team,
Warren
rren u or z l`�
Town Negotiating Team
FOR TEA:
ima m.
Presiden
ating Team
TEA Negotiating Team Leader
TEA Negotiating Team
Lliza.netn Koss
TEA Negotiating Team
ii
i�
,T
TOWN OF LOS GATOS AND THE TOWN EMPLOYEES ASSOCIATION
COMPREHENSIVE MEMORANDUM OF UNDERSTANDING
ON SALARIES, FRINGE BENEFITS AND WORKING CONDITIONS.
Preamble
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.
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.
Term
The term of this understanding shall be for twelve (12) months commencing at
12:01 am effective July 13, 1986 and terminating at 12:01 am on June 30, 1987.
FOR THE TOWN: FOR TEA:
De5orah Swartfager Patricia R. Uuarte
Town Manager TEA President - Negotiating Team
lee E. Bowman
Town Negotiating Team
John Schmuck
Town Negotiating Team
Warren u or z
Town Negotiating Team
Bruce Baker
TEA Negotiating Team Leader
Camillo CiCChini
TEA Negotiating Team
Orman U. Ploss
TEA Negotiating Team
iza et oss
TEA Negotiating Team
GOAL
This Memorandum of Understanding (MOU) has been prepared in a *spirit of
cooperation between the Town Employees' Association (TEA) and the Town. The
purpose of this MOU is to define all presently known issues concerning
employment, foster a sense of team work between TEA 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. 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
a. TEA Rights'
The Town recognizes the employees' right to join and participate in the Town
Employees Association. TEA shall provide the Town with a list of TEA officers
and department representatives. TEA shall distribute to all new unit employees
materials furnished for such purposes by TEA.
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 TEA is the recognized employees' organization. The
Town will make every effort to provide TEA with the name, department and job
classification of all new employees in classifications within TEA's scope of
representation.
TEA 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 or
meeting and consulting. Such Association members shall first obtain permission
from department heads before leaving their work or work locations. TEA 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 as it governs all aspects of labor relations in the Town except where
superseded by language of this document.
C. Employee Rights
The Town adopts, in principle, the following rights, duties and
responsibilities of its employees:
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(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 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) The exclusive right to 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
M.O.U. to the Town Manager or the Town Personnel Officer for a
determination.
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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 TEA regarding its
implementation. In some cases, this may occur after the law or rule has been
adopted.
4. Employment
a. Equal Employment Opportunity
The Association and Town agree that no person employed by or applying for
employment with the Town shall be discriminated against because of race,
religion, creed, sex, political affiliation, color, national origin, ancestry,
age, sexual 'preference, marital status, or physical handicap, or medical
condition (including pregnancy), unless any such is a bona fide occupational
qualification as defined in Federal or State law.
b. Affirmative Action
Association and Town support affirmative action in Town hiring.
c. Step Placement for New Hires
The Association recognizes the sole right of the Town to determine the salary
and wage rate for new hires.
d. Probationary Period
The probationary period shall be twelve (12) months for all newly hired
employees and six (6) months for employees receiving promotions.
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.
e. 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.
4. Employment (cost.)
e. Performance Evaluations (coat.)
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 at-
tach separate written comments to his /her evaluation.
If an employee does not receive an evaluation on the date it is due and the su-
pervisor subsequently finds that the employee would have been entitled to a
merit increase as of the anniversary date, the merit increase will become ef-
fective 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.
See Appendix "C"
f. 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
TEA- 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 re-
sponsibility to notify the Personnel Office of their interest in another posi-
tion. 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 in-
terest card on file with the Town Personnel Department.
The Town and Association recognize the Town's sole right to determine the meth-
od 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 exami-
nation 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.
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4. Employment (cont.)
g. Work Day /Week
The normal work day is defined as no more than
or eleven (11) consecutive hours of work time
hour lunch break. A normal work day shall be
hours off.
eight (8), nine (9), ten (10),
including no more than a one (1)
followed by a minimum of ten (10)
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.
h. Layoff Policy
A minimum thirty (30) calendar days notice shall be provided to any employee to
be laid off. Determination of layoff lists shall consider "performance" as
well as seniority with equal weight given to both seniority and performance.
Layoff shall take place within classifications by individual department. 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. Whenever 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.
i. Outside Employment
The Town and Association agree that outside employment of full time
TEA - represented employees shall be governed by California Government We
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.
j. 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 and that it is the intent of both partfes to
continue these 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 compensa-
tion.
(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 Ar-
ticle 5 a. (3) above.
b. Compensation
T.E.A. represented employees shall receive a five percent (5 %) total compensa-
tion increase (5% salary) on July 13, 1986., See Appendix "D, E, & F. "
c. Overtime
Overtime is defined as hours worked in excess of the normal work week. Over-
time 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 one -half.
(2) Overtime work shall accumulate or be paid off at the employee's option
subject to the scheduling needs of the Town.
(3) Minimum call -back shall be three (3) hours at the over -time rate.
(4) The maximum overtime accumulation shall be fifty (50) hours.
The Town will attempt to avoid scheduling overtime that conflicts with an em-
ployee's personal plans unless it cannot be avoided.
Call back is defined as Town required return to work after an employee has com-
pleted his or her normal work day. The normal work day shall be scheduled
solely at the discretion of the Town.
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Salary and Other Compensation (cost.)
d. Shift Differential
The Town shall pay an hourly premium of $.75 per
(full -time or part -time) employee who is assigned to a
of the shift falls between 6 p.m. and 7 a.m.
A
hour to any permanent
shift where the majority
For Library Personnel, the Town shall pay an hourly premium of $.75 per hour to
any permanent (full -time or part -time) personnel who work between the hours of
6 p.m. and 9 p.m. for the actual hours worked.
e. Deferred Compensation
A Town program of deferred compensation shall continue to be available to TEA
represented employees. A Town /T.E.A. Committee shall be formed to recommend
and institute improvements in investments and investment flexibility by January
1, 1987.
f. 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.
Employees appointed to vacant positions will receive out -of- classification pay
beginning the first day of out -of- classification assignment. Employees
appointed to a position for vacation, sick leave or other leave'of absence
coverage shall receive out -of- classification pay after three (3) consecutive
days of assignment in the acting position. However, employees performing work
out of classification for more than five (5) consecutive days due to sick
leave, vacation or other leave of absences shall receive out of classification
pay retroactive to the first day performing work 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.
5. Salary and Other Compensation (coot.)
g. Bilingual Incentive Pay
Employees filling classifications specifically requiring bilingual ability
shall be compensated at one (1) range above the normal compensation range for
the regular classification.
h. Uniform Allowance
(1) An initial uniform consisting of all items on the Town - approved list
shall be supplied by the Town to new Park Ranger and Town - designated
Community Service Officer employees; thereafter the Town shall provide
incumbent Park Ranger employees with a uniform allowance of $325 per
year and designated Community Services Officer employees with a uniform
allowance of $225 per year in separate paychecks during January of each
year.
(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 em-
ployee may submit a claim for reimbursement for the repair /replacement
of damaged articles to the Town.
i. Incentive Pay Program
The incentive pay program detailed in Appendix "B" is recognized as a
discretionary program on the part of the Town and shall continue in force dur-
ing the term of this Agreement: Costs of this program shall not be charged to
the Association's total compensation package.
j. Holiday Compensation
Employees will receive eight hours of regular pay when scheduled to have the
holiday off (8 hours total). If the employee's scheduled day off falls on a
recognized Town holiday the employee will receive eight hours of holiday pay
and eight hours of straight time pay (16 hours total).
Employees who are scheduled to work on a holiday, recognized in the MOD, will
be compensated as follows:
Workday:
Eight hours of holiday pay and time and one -half for the hours actually worked
on the holiday (20 hours total).
Day Off
Eight hours of holiday pay and eight hours of straight time plus time and
one -half for the hours actually worked on the holiday (28 hours totaTT.
Dispatchers:
Dispatchers will receive compensation in -lieu of holiday time off equal to for-
ty hours of base pay in separate payroll checks distributed the last working
week of November and May of each year. (Permanent part -time positions will be
prorated to twenty hours.)
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6. Payroll /Paychecks
a. Payroll Periods
The Town and Association agree that a biweekly payroll period shall be utilized
subject to the following conditions:
(1) Employee pay shall not be withheld more than seven (7) calendar days
following the end df the payroll period; and
(2) All Town employees shall be compensated on a biweekly basis.
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.
b. Paychecks
Payroll deductions and leave balances shall appear on paychecks and be current
to the latest payroll period.
7. Benefits
a. Holidays
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 [41 hours maximum each)
On December 24 and 31, Town offices normally open between 8:00 a.m, and 5:00
p.m., shall close at 12 noon.
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.
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.
N
7. Benefits (cont)
b. Family Medical Insurance Premiums
Effective July 1, 1986, in lieu of the cafeteria benefit program (7 c.), 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.
Available programs include Blue Cross, Kaiser and Lifeguard.
c. Cafeteria Benefit Program
There shall be no change in the cafeteria benefit program through June 30,
1987.
Effective July 1, 1986, benefits available in the cafeteria program include
medical insurance, local health club membership, dental, 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 utilizing cafeteria benefits -for the reimbursement of membership fees
in health clubs shall provide the Town with a written waiver of Town liability
as a condition of reimbursement.
Allocation available per employee shall be $2000.00 per year. Allocations
shall be made for individual positions based on the Salary and Position Control
Resolution. Full -time employees shall receive 100% of the cafeteria
allocation; part -time employees shall receive 75 %; half -time employees shall
receive 50 %.
d. Dental Insurance
The Town shall contribute $30 per month to the Town Dental Insurance Program
for those employees who choose the family medical insurance coverage provided
in Article 7b
Town and TEA representatives (in conjunction with representatives of other
bargaining units) shall investigate possibilities of coverage by private
insurance carriers, and shall make a written report of findings no later than
October 1, 1986.
Recommendations for changes in the dental insurance program shall be voted upon
by all bargaining units. If a new plan is accepted, it will be implemented as
soon as practical during the term of this Agreement.
e. Life Insurance
Town to pay premiums on minimum coverage of $50,000 and $50,000 Accidental
Death Benefit.
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7. Benefits (cont)
f. Disability Insurance
A
The policy will provide for 60% of salary to be paid effective beginning the
31st day of disability. All employee sick leave must be used prior to any
disability insurance coverage becoming effective.
g. 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 Teave,
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
receiving any more than 60% of his /her salary. The current policy provides for
60% of regular salary up to a maximum of $5000 /month.
h. 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.
i. Employee Assistance Program
The premium shall be paid by the Town.
j. Retirement Plans
(1) 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.
(2) PERS Benefits / Town Contribution
There shall be no change in PERS benefits provided by the Town during the term
of this Agreement.
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Benefits (coot)
(3) PERS Benefit / retiring employees
All employees involved in the PERS Plan have the option to assume payment of
their own PERS contribution at the beginning of their last fiscal year of
employment with the Town. The money previously contributed to PERS 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 to 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 PERS to account for the increase in the Town's portion of
retirement.
k. Unemployment Insurance
The Town will provide State mandated benefits through a self - insurance fund.
1. Retired Employees Benefits
The Town and Association agree that a joint committee representative of all
Town employee groups and the Town shall be formed to study benefits available
to retiring employees. It is further agreed that the cost for any changes in
benefits available to retiring employees shall not be paid by the Town during
the term of this Agreement. A report shall be available for discussion no
later than December 31, 1986.
m. Benefits Accrual /Payment
There shall be no accrual or payment of benefits during unauthorized leave,
suspension, or leave without pay.
n. Tuition / Registration Reimbursement
Effective July 1, 1986, the reimbursement program shall include costs for
tuition and registration for educational opportunities including college and
university courses, lectures, demonstrations and other job - related training
subject to the following:
(1) maximum reimbursement of $400 per employee per calendar year;
(2) preparation for classes to be done on employee's own time;
(3) employee must request and receive advance written authorization from
his /her department head;
(4) reimbursement shall take place only after successful completion of the
course or training.
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.
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8. 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 their 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 vacation is cancelled, the Town will
reimburse the employee for verified deposits for non - reimburseable
reservations. All verifications must be submitted prior to the vacation
formally being cancelled.
b. Vacation Accrual
The following schedule shall apply to all employees accruing vacation
hours:
0 to 36 months
37 to 60 months
61 to 180 months
10 days per year (3.08 hours per pay
period)
®_ 15 days per year (4.62 hours per pay
period)
20 days per year (6.16 hours per pay
181 months and over --
Maximum accrual shall be 344 hours.
c. Sick, Leave
period)
25 days per year(7.70 hours per pay
period)
Sick leave shall accumulate at the rate of eight (8) hours per month (3.70
hours per pay period); the accumulation limit shall be 1200 hours. The Town
may require a doctors statement as proof of illness for any payment of sick
leave beyond one (1) working day.
On a twelve month basis (Dec. 1 to Nov. 30) of each year, individual employees
may at their discretion cash out accumulated sick leave as follows:
Sick Leave Use Eligible for
12/1 to 11/30 Cash -Out
0 -12 hrs 6 days @ 75% value
13 -24 hrs 6 days @ 2/3 value
25 -32 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 120 hours on November 30 of
the year cash -out is taken.
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d. Annual Leave
All employees hired by the Town and represented by the Association during the
term of this agreement shall accrue annual leave as follows:
(1) Accumulation per the following schedule:
0 to 36 months --
18
days
per
year
(5.54
hours
per 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.
(3) Maximum accrual shall be 344 hours.
e. 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.
f. 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.
g. 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.
h. Disaster Leave
Leave will be available for employees for disasters declared by Federal,
State, County, or Town officials if those disasters affect all or a portion of
the area within twenty (20) miles of Town Hall. Leave is subject to scheduling
by the Town. Employees shall be allowed to charge time off to accumulated
overtime, vacation hours, and sick leave hours (in that order).
i. 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.
,A
91
9.
Vacation and Leaves (cont.)
j. Jury Duty
Employee salary and benefits are t
Court - assigned jury duty. Compensation
for Town related matters and participation
result of working for the Town will be r
Employee shall turn over to the Town any
source for jury duty.
k. Leave Without Pay
o be continued during periods of
for an employee subpoenaed testimony
in any legal matter required as a
eviewed on a case by case basis.
compensation from the courts or other
Leave without pay shall be subject to approval of the Town Manager upon
recommendation of the appropriate department head.
1. 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.
In the event of an employee's death, these leave balances shall be paid to the
employee's estate.
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:
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 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 render his /her written
decision within ten (10) calendar days after receiving the appeal.
-15-
9. Grievance Procedure (cont.)
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.
At the employees request, the grievance can be submitted to a committee
consisting of two (2) representatives from TEA to .provide an advisory
recommendation to the Town Manager. This will be considered as additional
information as the Manager reviews the issue and renders a decision. The
Manager's decision shall still 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
department head or Town Manager appeal levels. Employees may be represented
by counsel or other person at any stage in the grievance process.
10. 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 Town Council. 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. Suggestion System
The Association and Town shall jointly develop a mutually agreeable "suggestion
box" system including a compensation program for suggestions. The system shall
be developed no later than December 31, 1986. If a mutually agreeable system
can be developed, it shall be implemented no later than July 1, 1987.
10. Miscellaneous Issues (cost.)
e. Vehicle Acquisition
The Association recognizes the Town's sole right to determine the
specifications of all Town vehicles.
f. Publications
The Town shall furnish each video terminal operator with the following:
Vision and the VDT Operator (free from the American Optometric Association,
243 North Lindberg Boulevard, St. Louis MO 63141).
Tone Up at the Terminals (free from Verbatim Corp., 323 Soquel Way,
Sunnyvale CA 94086).
g. Discipline
The Town Manager and Town Attorney will develop Personnel Procedures including
actions subject to discipline.
11. 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.
b. Scope
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. Procedures under this section are
alternative to regular grievance procedures.
-17-
11. Equal Opportunity Grievance Procedure (cunt.)
d. Definitions
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.
f. Steps 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 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.
11. Equal Opportunity Grievance Procedure (cont.)
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 investigation report.
(e) ,Explore further possibility of informal adjustment of the problem
through negotiation of conciliation with Department Head or the
parties to the complaint.
(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.
12. Absent Without Authdrized 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.
13. Comparable Worth
A special adjustment of 1% is provided to the following classifications in
recognition of the Town's on -going commitment to the comparable worth study
completed in 1983:
Administrative Secretary
Police Records Clerk
Secretary I /II /III
Library Assistant I /II
The Town and Association agree to meet during the term of this agreement to
determine the next phase of the implementation plan for the comparable worth
study. First meeting shall be held by September 1, 1986.
14. Temporary Employees
The Town and the Association agree to meet during the term of this agreement to
discuss benefits for long- tenured hourly employees. A committee composed of
three temporary employees shall meet with the Town Manager by January 1, 1987.
in
APPENDIX A
Scope of Representation
Employees represented by the Association are those in permanent positions in
the following classifications:
Accounting Technician
Administrative Secretary
Assistant Civil Engineer
Assistant Transit Program &
Operations Manager
Building Inspector
Chief Engineering Inspector
Code Compliance Officer
Communications Dispatcher
Communications Supervisor
Community Service Agent
Community Service Officer I /II
Community Service Specialist
Design Drafter
Engineering Aide
Engineering Inspector
Engineering Technician
Junior Civil Engineer
Librarian
Library Assistant I /II /III
Park Ranger
Plan Check Engineer
Planner
Police Records Clerk
Support Services Assistant
(Police Records Supervisor)
Secretary I /II /III
Transit Program & Operations
Manager
Deputy Town Clerk
Senior Deputy Town Clerk a are not represented by bargaining unit but observe all
work rules in M.O.U.
Ima
APPENDIX B
INCENTIVE PAY PLAN -- TEA BARGAINING UNIT
The Town and the Association have agreed to:
1. Retain existing program for six months (7/1/86 to 1/1/87).
2. During the six month period, a Committee will be formed of representatives
of the Association and the Town.
3. The Committee so convened shall prepare a proposed revision to the Incentive
Pay Program to be completed by 1/1/87.
4. If a new incentive pay program is not completed by 1/1/87, the old incentive
pay program shall be reinstituted.
APPENDIX C
EVALUATION FORMAT
A committee of TEA and the Town will review the Employee.Evaluation Format and
prepare a proposed format by January 1, 1987.
_91 -
APPENDIX D
Range
Accounting Technician
M13
Administrative Secretary *
MID
Assistant Civil Engineer
M23
Assistant Transit Program & Operations Mgr.
M1
Building Inspector
M21
Chief Engineer Inspector
M24
Code Compliance Officer
MIS
Communications Dispatcher
M16
Communication Supervisor
M18
Community Service Agent
M15
Community Service Officer I
M4
Community Service Officer II
M6
Community Services Specialist
M11
Design Drafter
M16
Engineering Aide
M7
Engineering Inspector
M18
Engineering Technician
M16
Junior .Civil Engineer
M18
Librarian
M18
Library Assistant I *
M4
Library Assistant II *
M7
Library Assistant III
M12
Park Ranger
M12
Plan Check Engineer
M23
Planner
M18
Police Records Clerk *
M9
Support Services Assistant
M18
(Police Records Supervisor)
Secretary I *
M4
Secretary II *
M6
Secretary III *
M8
Transit Program & Operations Manager
M11
* A special adjustment of 1% is provided to these classifications in
recognition of the Town's on -going commitment to the comparable worth
study completed in 1983. See Appendix
APPENDIX E
TOWN
OF LOS GATOS
BIWEEKLY -
SALARY SCHEDULE
(Effective June 30, 1986)
MISCELLANEOUS PERSONNEL
ange
A
B
C
D
E
F
-1
649.60
682.40
716.80
752.80
790.40
831.20
-2
666.40
700.00
734.40
771.20
812.00
851.20
-3
683.20
717.60
752.80
790.40
831.20
872.80
-4
700.00
735.20
772.00
811.20
851.20
893.60
-5
717.60
753.60
791.20
831.20
872.80
916.80
-6
735.20
772.00
812.00
851.20
893.60
939.20
-7
753.60
791.20
831.20
872.80
916.80
962.40
-8
772.00,
812.00
852.00
894.40
939.20
987.20
-9
791.20
832.00
872.80
916.80
962.40
1011.20
-10
812.00
852.80
894.40
940.00
987.20
1036.00
-11
832.00
873.60
917.60•
963.20
1011.20
1063.20
-12
852.80
895.20
940.80
988.00
1036.00
1088.80
1 -13
874.40
917.60
963.20
1012.00
1063.20
1116.80
! -14
895.20
940.80
988.00
1036.80
1088.80
1144.00
1 -15
918.40
964.00
1012.80
1063.20
1116.80
1172.00
1-16
941.60
988.80
1038.40
1088.80
1144.00
1201.60
1 -17
964.00
1012.80
1064.00
1116.80
1172.00
1232.00
1 -18
988.80
1038.40
1088.80
1144.00
1201.60
1261.60
1 =19
1013.60
1064.00
1117.60
1173.60
1232.00
1293.60
1 -20
1039.20
1090.40
1145.60
1202.40
1261.60
1325.60
1 -21
1064.80
1117.60
1173.60
1232.80
1293.60
1359.20
1 -22
1091.20
1145.60
1202.40
1262.40
1325.60
1393.60
1-23
1118.40
1174.40
1233.60
1294.40
1359.20
1428.80
1 -24
1146.40
1204.00
1264.80
1327.20
1393.60
1464.00
1 -25
1174.40
1233.60
1295.20
1360.00
1428.80
1500.80
APPENDIX, F
Salary Table for classes given 1% comparable worth increase
Administrative Secretary
Library Assistant I, II
Police Records Clerk
Secretary I, II, III
A
B
C
D
E
F
M4
707.20
743.20
780.00
820.00
866.00
902.40
M6
743.20
780.00
820.00
860.00
902.40
948.80
M7
761.60
800.00
840.00
881.60
926.40
972.00
M8
780.00
820.00
860.00
902.40
948.80
997.60
M9
800.00
840.00
881.60
926.40
972.00
1021.60
MID
820.00
860.00
902.40
948.80
997.60
1046.40
Salary Table for classes given 1% comparable worth increase
Administrative Secretary
Library Assistant I, II
Police Records Clerk
Secretary I, II, III