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Staff Report PREPARED BY: LISA VELASCO Human Resources Director Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 10/16/2018 ITEM NO: 5 DATE: OCTOBER 11, 2018 TO: MAYOR AND TOWN COUNCIL FROM: LAUREL PREVETTI, TOWN MANAGER SUBJECT: A. APPROVE A LABOR AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND THE POLICE OFFICERS ASSOCIATION AND AUTHORIZE THE TOWN MANAGER TO EXECUTE THE MEMORANDUM OF UNDERSTANDING B. AUTHORIZE SALARY AND BENEFITS BUDGET ADJUSTMENTS IN THE AMOUNT OF $513,728 FROM ESTIMATED AVAILABLE FY 2018/19 OPERATING REVENUES RECOMMENDATION: Staff recommends that the Town Council: A. Approve a labor agreement between the Town of Los Gatos and the Police Officers’ Association (POA) and authorize the Town Manager to execute the Memorandum of Understanding (Attachment 1); B. Authorize salary and benefits budget adjustments in the amount of $513,728 from estimated available FY 2018/19 operating revenues. BACKGROUND: In accordance with the Town’s Employer-Employee Relations Resolution No. 1974-41, representatives of the Town and POA have met and conferred in good faith and within the scope of representation in an effort to reach agreement for a successor Memorandum of Understanding (MOU). The revised agreement showing the changes from the previous MOU is contained in Attachment 1. The MOU is a labor agreement that identifies specific terms and conditions of employment applicable to the employees represented by that agreement. PAGE 2 OF 3 SUBJECT: A. APPROVE A LABOR AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND THE POLICE OFFICERS ASSOCIATION AND AUTHORIZE THE TOWN MANAGER TO EXECUTE THE MEMORANDUM OF UNDERSTANDING B. AUTHORIZE SALARY AND BENEFITS BUDGET ADJUSTMENTS IN THE AMOUNT OF $513,728 FROM ESTIMATED AVAILABLE FY 2018/19 OPERATING REVENUES DATE: OCTOBER 11, 2018 S:\COUNCIL REPORTS\2018\10-16-18 Closed Session\05 POA Agreement\Staff Report.docx 10/11/2018 4:23 PM BACKGROUND (continued): The Town has two other represented groups, the American Federation of State, County and Municipal Employees (AFSCME) and the Town Employees’ Association (TEA). The AFSCME agreement was approved during the August 7, 2018 Town Council meeting and the TEA agreement was approved during the August 21, 2018 Town Council meeting . DISCUSSION: The Town’s current agreement with POA expires on September 30, 2018. In July 2018, the Town and POA began negotiating for a successor agreement. A tentative agreement for a three-year term was reached in September and POA membership ratified on September 27, 2018. Major provisions of the agreement: 1. Term: October 1, 2018 to September 30, 2021 2. Salary: a. Effective in the first full pay period of October 2018, the Town will provide a 2.5% salary increase. b. Effective in the first full pay period of October 2019, the Town will provide a 2.5% salary increase and an additional increase of 1.5%. c. For year three, the parties agree to re-open on the subject of wages only. 3. Equity Adjustments: Effective in the first full pay period of October 2018, add equity adjustments indicated in Section 5.5 (see Attachment 1). 4. Holiday Pay: Conversion of holiday-in-lieu pay from 80 hours per calendar year to a 4% premium pay. 5. Retiree Health: Elimination of retiree health benefits for all employees hired on or after October 1, 2018, except for the minimum employer contribution as required by the Public Employees’ Medical and Hospital Care Act (PEMHCA). 6. Vacation Cash-Out: Language added to comply with Internal Revenue Service rules regarding constructive receipt and irrevocable elections. 7. Sick Leave Cash-Out: Elimination of sick leave cash-out for all employees hired on or after October 1, 2018. PAGE 3 OF 3 SUBJECT: A. APPROVE A LABOR AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND THE POLICE OFFICERS ASSOCIATION AND AUTHORIZE THE TOWN MANAGER TO EXECUTE THE MEMORANDUM OF UNDERSTANDING B. AUTHORIZE SALARY AND BENEFITS BUDGET ADJUSTMENTS IN THE AMOUNT OF $513,728 FROM ESTIMATED AVAILABLE FY 2018/19 OPERATING REVENUES DATE: OCTOBER 11, 2018 S:\COUNCIL REPORTS\2018\10-16-18 Closed Session\05 POA Agreement\Staff Report.docx 10/11/2018 4:23 PM DISCUSSION (continued): 8. Compensatory Time Off Cash-Out: Revised language to be compliant with the Internal Revenue Service rules regarding constructive receipt and irrevocable elections. 9. CalPERS Employee Contribution: Beginning October 1, 2019, Increase Classic employee pension contribution 3%, for a total contribution of 12%. The Town and POA have also agreed to various MOU language updates. These updates clarify existing language, delete obsolete language, and ensure compliance related to the Town’s contract for retirement and medical benefits provided under the California Public Employees’ Retirement System (CalPERS) and PEMHCA. The updates do not change existing benefits nor is there a related fiscal impact (see Attachment 1). CONCLUSION: The POA agreement has been prepared within the parameters provided to Town’s negotiators by the Town Council and has been ratified by the POA membership. It is recommended that the proposal be approved, and the Town Manager be authorized to execute the MOU. FISCAL IMPACT: The anticipated fiscal impact for all salary adjustments in FY 2018/2019 is $513,728. The requested budget adjustments in the amount of $513,728 from estimated available FY 2018/19 operating revenues will provide funding for the additional salary and benefit cost for FY 2018/19. Funding to support the FY 2019/2020 ongoing cost each year will be incorporated into the proposed future year budgets for Council approval. ENVIRONMENTAL ASSESSMENT: This is not a project defined under CEQA, and no further action is required. Attachment: 1. October 1, 2018 through September 30, 2021 POA Memorandum of Understanding showing track changes