1986-131-Approving A Memorandum Of Understanding Between The Town Of Los Gatos And The Police Officers AssociationRESOLUTION NO. 1986 -131
A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE TOWN OF LOS GATOS AND THE POLICE OFFICERS ASSOCIATION
BE IT FURTHER 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 this 21st day of July,
1986, by the following vote.
AYES: COUNCIL MEMBERS Joanne Benjamin, Thomas J. Ferrito
and Vice -Mayor Brent N. Ventura
NOES: COUNCIL MEMBERS None
ABSTAIN:
COUNCIL
MEMBERS
None
ABSENT:
COUNCIL
MEMBERS
Eric D. Carlson, and Mayor
Terrence J. Dail
SIGNED
VICE- MAYOKOF THE TOWN OF LOS GATOS
ATTEST:
1 r r g
CLE OF THE OW OF L0 GATOS
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE TOWN OF LOS GATOS
AND
THE LOS GATOS POLICE OFFICERS ASSOCIATION
THIS AGREEMENT, SIGNED ON JULY 31, 198(0 , IS ENTERED INTO AS OF JULY 13,
1986, BETWEEN THE TOWN OF LOS GATOS, HEREINAFTER. REFERRED TO AS THE "TOWN"
AND THE LOS GATOS POLICE OFFICERS ASSOCIATION, HEREINAFTER REFERRED TO AS
"PDA ".
Pursuant to Town Resolution 1974 -41 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:
De ora Swart ager
Town Manager
r' n Negotiating Team
oy
Town Negotiating Team°
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:
o n Fernick
A President
1 � r
741 Burns ; i
PDA Negotiating Team
PO4 Nego -tiatigg Team
Team
ng Team
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE TOWN OF LOS GATOS
AND
THE LOS GATOS POLICE OFFICERS ASSOCIATION
THIS AGREEMENT, SIGNED ON JULY , IS ENTERED INTO AS OF JULY 13,
1986, BETWEEN THE TOWN OF LOS GATOS, HEREINAFTER REFERRED TO AS THE "TOWN ",
AND THE LOS GATOS POLICE OFFICERS ASSOCIATION, HEREINAFTER REFERRED TO AS
"PDA ".
Pursuant to Town Resolution 1974 -41 of the Town of Los Gatos and Section 3500
et. seq. of the Government Code, the duly authorized representatives 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:
Deborah Swart ager
Town Manager
J. Frank costa
Town Negotiating Team
Art oy
Town Negotiating Team
FOR PDA:
John Pernick
PDA President
Tim Burns
PDA Negotiating Team
Bob e er
PDA Negotiating Team
3eff Miller
PDA Negotiating Team
John Campos
PDA Negotiating Team
JULY 15, 1986
Town of Los Gatos and the Los Gatos Police Officers
Association Comprehensive Memorandum of Understanding
on Salaries, Fringe Benefits and Working Conditions.
Preamble
The authorized representatives of the Town of Los Gatos, hereinafter
referred to as the "Town" and the authorized representatives of the Town
of Los Gatos Police Officers Association hereinafter 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.
This understanding shall apply to represented employees assigned to those
classifications listed on Attachment "A" when classifications are created
which fall under the representation of PDA, 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 Police Officers
Association. They agree 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.
2. Term
The term of this understanding shall be for twelve (12) months commencing
at 12:01 AM on July 13, 1986 and terminating at 12:01 AM on June 30,
1987.
Employer - Employee Relations
The Association recognizes the existence of Town Resolution 1974 -41.
Non - Discrimination
The Town and Association
shall be applied equal
discrimination becaus
political activity or
activity on behalf
preference. Associati
and will support all
action.
Salary
agre
ly to all
e of race,
religious
of the
on and
State and
e that all provisions
employees covered herein
creed, color, sex, age,
affiliation, Association
Association, marital st
Town support affirmative a
Federal regulations regar
of this agreement
without favor or
national origin,
membership or
atus or sexual
ction in hiring,
ding affirmative
Effective July 13, 1986, the salary schedule listed in Appendix A to this
agreement shall be in effect.
P.O.A. MOU 7/15/86 a Page Two
PERS Benefits /Town Contribution
There shall be no change in PERS
term of this agreement [other t
to provide the following option.
the option to assume payment
beginning and during the last one
monies previously paid to PERS
contribution will be added to
does opt for this conversion
contribution shall not be forced
employee have the option to
contribution.]
benefits provided by the Town during the
han as specified herein: The Town agrees
All employees involved in the plan have
of their own PERS contribution at the
year of employment with the Town. The
by the Town to cover the employee's
that employee's salary. An employee who
and proceeds to pay the employee's
to retire within one year nor shall said
revert back to the Town -paid employee
7. Educational Incentive Pay
The Town shall provide an Educational Incentive Pay program with
incentive payments. Qualified employees shall receive one of the
following monthly payment amounts:
a) Employees in the represented classifications who have been awarded
an Intermediate POST Certificate: $60 per month.
b) Employees in the represented classifications who have been awarded
an Advanced POST Certificate: $110 per month.
Educational Pay shall be available to employees effective the first full
calendar month after meeting qualification requirements, for the
remainder of the current fiscal year and the following fiscal year. At
the employee's discretion, he /she may request the qualification for
Incentive Pay be deferred for credit during the next fiscal year.
Thereafter, Incentive Pay shall be available on fiscal year basis with
requalification completed every two years by June 30 of the second year
for payment the following two fiscal years.
Requalification is required every two (2) years and shall be obtained by
successful completion of 3 semester units, 4 quarter units, or 60
training hours taken off duty at employee expense, except as provided in
this memorandum. Qualifying units or hours to be approved in advance by
the Chief of Police.
Special Pays
Town shall provide a five percent (5 %) pay incentive to Association
represented personnel assigned to motorcycle duty, detectives,
personnel /training officers, school resource officer, traffic coordinator
and juvenile officer. Assignment for special pay purposes shall be done
using Town Personnel Action Forms.
Officers certified as Field Training Officers shall receive the 5%
incentive whi a providing Phase II training to regular and reserve
officers.
P.O.A. MOU 7/15/86 - Page Three
9. Acting Supervisor Pay
Acting supervisors shall be compensated at the "E" step of the s$rgeant'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 personnel.
10. Shift Differential
One dollar ($1.00) per hour to be paid for work on Watch I, Watch III and
the Overlap Watch, and for work between the hours of 5:00 PM and 7:00 AM.
11. Educational Reimbursement
Subject to the approval of the Chief of Police, Association represented
employees shall be reimbursed up to maximum $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. Up to $150 of the maximum
available to each employee may be applied to travel and lodging
expenditures for POST certified courses.
12. Insurance Programs and Rate of Town Contribution
Dental -
Retain $20 per month Town
contribution; PDA 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 -
Coverage of $50,000 plus
$50,000 Accidental
Death; Town to
pay full premium.
Disability-
Policy shall provide 60%
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
P.O.A. MOU 7/15/86 - Page Four
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 $675.00 to be paid to each employee in a separate payroll check to
be distributed the last working week of July. The Town will replace
authorized uniform items damaged in the performance of duty.
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 reimbursed at the official
Town mileage rate of twenty -four cents ($0.24) per mile. Mileage
reimbursement requests must be submitted within thirty (30) days of date
accrued.
17. Payroll Periods
The Town and Association agree to the continuation of the biweekly
payroll period. The following conditions are in effect:
1) Employee pay shall not be withheld more than seven (7) calendar
days from the end of the payroll period.
2) 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.
18. Paychecks
Payroll deductions and accruals shall appear on all paychecks.
19. Deferred Compensation
The Town shall continue to offer a program of deferred compensation to
its members in the represented classifications.
P.O.A. MOU 7/15/86 - Page Five
20. 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 of accumulated overtime (CTO) of fifty
(50) hours.
Call Back - three (3) hour minimum with the exception of Watch I and
nighttime overlap which shall be entitled to four (4) hours if called
back on the same day of work.
Definitions:
A) Overtime is that time beyond any scheduled tour of duty.
B) Duty Extension - Compensation is made for actual time worked and
shall be computed in minimum quarter -hour blocks.
1) Personnel whose work hours would normally terminate
within one hour or less from the time of the scheduled
court, meeting, or training commencement will be
compensated from the termination of their normal work
hour through the termination of the scheduled event.
C) Call Backs - Requests that personnel return to duty, attend
mandatory meetings, court appearances and training classes are
call backs and compensated at a 3 hour minimum or actual time,
whichever is greater. -
1) Call backs for officers assigned to Watch I (midnight
shift) and the 6PM -4AM or 7PM -4AM overlap who have worked
the night before shall receive a minimum of 4 hours.
2) Personnel are considered on duty for the duration of a
call back.
3) Court appearances - hearings- depositions: Required off
duty attendance at judicial or administrative hearings is
compensated at a 3 -hour minimum (4 hours for midnight,
6 -7PM -4AM overlap if shift worked the night before
appearance), or actual time, whichever is greater.
Should there be more than one appearance, including
separate court locations, within the 3 or 4 hour time
period, only one minimum will be granted.
Overtime is to be approved by a supervisor as soon as practical.
Overtime payroll sheets are the responsibility of the employee to have
approved and forwarded to the division commander by the appropriate
payroll deadline.
P.O.A. MOU 7/15/86 - Page Six
21
22
23.
Vacation Schedule
The following vacation schedule shall apply
"Day" is defined as eight (8) duty hours.
The following vacation schedule shall apply
Months of Employment Accrual Rate
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
Maximum accrual of vacation hours shall be
to all represented
to all employees:
. 3.08 hours per pay
. 4.62 hours per pay
• 6.16 hours per pay
. 7.70 hours per pay
344 hours.
employees,
period
period
period
period
All represented employees will be eligible to annually cash out one week
of vacation on November 30th.
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 must provide the Town with a minimum two (2) week written notice
of resignation.
Holidays and Holiday Pay
The following holidays will be observed by non - uniform personnel:
January 1st
3rd Monday in January
3rd Monday in February
Last Monday in May
July 4th
First Monday in September
Thanksgiving Day
Friday following Thanksgiving Day
December 25th
Four hours 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.
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.
P.O.A. MOU 7/15/86 - Page Seven
24. Sick Leave
Accumulation rate shall be eight (8) hours per month (3.70 hours per pay
period). 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.
25. Annual Sick Leave Cash -Out Program
On 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
12/1 to 11/30 Cash -Out
3 work
days
6
days
@
75%
value
5 work
days
6
days
@
2/3
value
6 work
days
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.
26. Military Leave
Time off up to a maximum 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.
Military leave shall be granted in accordance with State and /or Federal
Law.
27. Bereavement Leave
Up to five (5) days available per occurrence - use limited to spouse,
parent, grandparent, child or sibling by blood or marriage. It is
recognized that bereavement leave is separate from employee's accumulated
sick leave, vacation or CTO.
28. Disaster Leave
Leave will be available
Federal, State, County
or a portion of the
scheduling by the Town.
accumulated overtime,
order).
for employees affected by disasters declared by
or Town officials, if those disasters affect all
Town urban service area. Leave is subject to
Employees shall be allowed to charge time off to
vacation hours and sick leave hours (in that
Other catastrophic events affecting employees may be brought to the
department head's attention and leave may be granted subject to the needs
of the department.
P.O.A. MOU 7/15/86 - Page Eight
29. Leave without Pay
Leave without pay shall be subject to approval of the Chief of Police and
the Town Manager.
30. 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.
31. Accrual of Benefits
Benefits shall not accrue to employees on unauthorized leave, suspension,
or leave without pay.
32. Worker's Compensation
Employees shall be provided benefits in compliance with State law.
33. 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.
34. 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 Los Gatos issued items; vacation or CTO to be
used for court appearances resulting from private employment.
35. Residence Requirement
There is no residency requirement for represented employees.
36. 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 of
thirty (30) calendar days notice of layoff.
Employees in the classification of Police Sergeant and designated for
layoff shall have the right to return to positions previously held with
the Town and represented by the Association.
P.O.A MOU 7/15/86 - Page Nine
37.
38.
39
Vehicles
Town shall advise POA no later
development of vehicle specifications
submit recommended specifications
thirty (30) days after receiving the
Promotions
than sixty (60) days prior to Town
for patrol vehicles. POA shall
for vehicle purchase no later than
notice from the Town.
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 participating in the examination process shall be allowed the
time off from regularly scheduled work (excluding emergencies) in order
to participate in the examination process if the examination process is
scheduled during the employee's normal work period.
No compensation will be granted to employees who participate in the
examination process and are on "normal" scheduled time off.
To the best of its ability, the Town shall maintain a current promotional
list for the position of Police Sergeant.
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.
40. Performance Evaluations
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
evaluation no later than fifteen (15) days prior to their employment or
promotion 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.
P.O.A. MOU 7/15/86 - Page Ten
41
42.
43
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.
Re- Employment
The names of employees affected by layoff 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 eighteen (18) months unless such persons are
sooner re- employed. When a re- employment list is to be used to fill
vacancies, the Personnel Officer 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.
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 ten (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.
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
P.O.A. MOU 7/15/86 - Page Eleven
ten (10) calendar days after receiving the informal decision of the
command officer.
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.
44. Equal Employment 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.
P.O.A. MOU 7/15/86 - F,,a Twelve
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,
promotion, discipline, or other aspect of employment.
2. Complainant: An aggrieved person who has filed a formal
comp.
Equal Employment Opportunity_ (EEO) Counselor: An employee
traine —Tc in E proce ures an 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 (7) working days of
receipt of the Affirmative Action Officer's decision.
P.O.A. MOU 7/15/86 - Page Thirteen
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 employees 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 or 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 ninety (90) calendar days from the time a formal
complaint is filed.
45. . Attendance
Employees shall be in attendance at their work in accordance with the
rules regarding hours of work, holidays and leaves.
An employee whose absence is not authorized 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. 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.
46. Completeness of MOU
Town and Association agree that this MOU represents the total package of
salary, wages, and fringe benefits available to members of the
Association.
APPENDIX
TOWN Of LOS GATOS
BIWEEKLY SALARY SCHEDULE
(Effective July 13. 1986)
POLICE PERSONNEL
Rang
Step A
Step B
Step C
Step D
Step E
P -1
1045.60
1097.60
1152.80
1210.40
1271.20
P -2
1203.20
1263.20
1325.60
1392.00
1461.60
PERSO:POA MOU