Addendum.POA Agreement with attachmentReviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 06/07/2022
ITEM NO: 19
ADDENDUM
DATE: June 3, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: 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
REMARKS:
This Addendum transmits the draft Memorandum of Understanding (see Attachment 3).
Attachments Distributed with Staff Report:
1.Salary Schedule for POA effective June 12, 2022
2.Salary Schedule for POA effective July 10, 2022
Attachment Distributed with this Addendum:
3.Draft Memorandum of Understanding
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TOWN OF LOS GATOS
AND
LOS GATOS POLICE OFFICERS’ ASSOCIATION
MEMORANDUM OF UNDERSTANDING
October 1, 202118 – September June 30, 20241
ATTACHMENT 3
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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE TOWN OF LOS GATOS
AND
THE LOS GATOS POLICE OFFICERS ASSOCIATION
THIS AGREEMENT IS ENTERED INTO AS OF October 1, 202118, BETWEEN THE TOWN OF LOS GATOS,
HEREINAFTER REFERRED TO AS THE "TOWN", AND THE LOS GATOS POLICE OFFICERS ASSOCIATION,
HEREINAFTER REFERRED TO AS "POA".
Pursuant to Town Resolution 1974-41 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: FOR POA:
Laurel Prevetti, Town Manager
______________________________________
Bill HoytBryan Paul, PresidentPolice Corporal
Arn Andrews, Assistant Town Manager
______________________________________
Lisa VelascoSalina Flores, Human Resources
Director
______________________________________
Donna WilliamsonLisa S. Charbonneau,
Liebert Cassidy Whitmore
Kevin Elliott, Police Sergeant
______________________________________
Kevin Baughn, Police Officer
______________________________________
John Alldredge, Police Officer
APPROVED AS TO FORM:
______________________________________
Robert SchultzGabrielle Whelan
Town Attorney
______________________________________
Peter Hoffmann, Rains Lucia Stern St. Phalle
Silver, PCAttorney for POA
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Preamble ..................................................................................................... 1
Term ..................................................................................................... 1
1. Employer-Employee Relations ............................................................... 1
2. Savings Clause ........................................................................................ 1
3. Payroll Deduction .................................................................................. 1
4. Non-Discrimination ................................................................................ 2
4.1 General Provisions Regarding Americans with Disabilities Act ... 2
5. Salary ..................................................................................................... 2
5.1 Intent............................................................................................ 2
5.2 Effective 2018 Upon Approval ..................................................... 2
5.3 Effective 20192022 .................................................................... 32
5.4 Effective 20202023 .................................................................. 322
5.5 Market EquitySalary Range ........................................................ 22
5.65 Salary RangeOne-Time Lump Sum ........................................... 322
5.76 Pandemic Related Bonus ............................................................. 3
6. PERS Benefits ......................................................................................... 3
6.1 Town Contribution ....................................................................... 3
6.12 PERS 3% At 50 Retirement Option Classic Members ................. 43
6.23 PERS 2.7% at 57 Retirement Option New Members ................. 43
7. Education Incentive Pay ...................................................................... 43
7.1 Four-year Degree Incentive ....................................................... 43
7.2 Grandfather ClauseTwo-year Degree Incentive Pay .................... 4
7.3 Commencement of Educational Incentive Pay ......................... 54
7.4 Re-Opener .................................................................................. 54
8. POST Certification Pay ……………………………………………………………………… 54
9. Special Pays .......................................................................................... 54
9.1 Special Assignment Pay.............................................................. 54
9.2 Bilingual Pay ............................................................................... 65
9.3 Canine Pay .................................................................................. 65
9.4 FTO Training Premium ............................................................... 76
9.5 Trailing Canine Pay .................................................................... 76
9.6 Posting for Special Assignments………………………………………………..7
10. Acting Sergeant Pay ............................................................................. 86
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11. Reimbursement of Expenses ............................................................... 86
12. Tuition Reimbursement ....................................................................... 86
13. Health and Welfare Benefits and Rate of Town Contribution............. 86
13.1 Cafeteria Plan ............................................................................. 86
13.2 Dental ......................................................................................... 87
13.3 Medical ...................................................................................... 97
13.4 Vision.......................................................................................... 97
13.5 Cash-In-Lieu Plan ........................................................................ 97
13.6 Supplemental Health and Welfare Benefits .............................. 98
14. Retiree Health .................................................................................... 108
14.1 Health Reimbursement AccountRetiree Health Benefit for Eligible Retirees Hired On or
Before October 1, 2018…………………………………………………………….108
14.2 Retiree Health Benefit for Eligible Retirees Hired After October 1,
2018…………………………………………………………………………………………..11
15. Uniforms ............................................................................................ 129
16. Mileage Reimbursement ................................................................... 129
17. Payroll Periods ................................................................................... 129
18. Paychecks........................................................................................... 129
19. Deferred Compensation .................................................................... 120
20. Overtime .......................................................................................... 1210
21. Duty Extension ................................................................................. 1310
22. Call Back ........................................................................................... 1310
23. Vacation Schedule ........................................................................... 1311
23.1 Vacation and Overtime Cash-Out ....................................................... 11
24. Vacation and Overtime Compensatory Time Off Cash-Out………………..14
23.25. Shift and Vacation Selection Procedures ............................... 1411
24.26. Holidays and Holiday Pay ....................................................... 1411
25.27. Personal Leave ....................................................................... 1512
26.28. Sick Leave ............................................................................... 1512
27.29. Sick Leave Cash-Out Program ................................................ 1512
298.1 Annual Sick Leave Cash-Out for Employees Hired Prior to October 1, 2018 152
298.2 Sick Leave Cash-Out Upon Termination for Employees Hired Prior to October 1, 2018 152
298.3 Unused Sick Leave Upon Retirement..................................... 1613
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28.30. Military Leave......................................................................... 1613
29.31. Bereavement/Compassion Leave .......................................... 1613
30.32. Leave Without Pay ................................................................. 1613
31.33. Accrual of Benefits ................................................................... 174
32.34. Workers’ Compensation .......................................................... 174
33.35. Jury Duty .................................................................................. 174
34.36. Outside Employment ............................................................... 174
35.37. Residency Requirement ........................................................... 174
36.38. Layoff Policy ............................................................................. 174
37.39. Vehicles .................................................................................... 174
38.40. Promotions............................................................................... 184
39.41. Probationary Period ................................................................. 185
40.42. Performance Evaluations ......................................................... 185
41.43. Reinstatement ......................................................................... 195
42.44. Re-employment ....................................................................... 195
43.45. Grievance Procedures .............................................................. 196
44.46. Attendance............................................................................. 2017
45.47. Completeness of MOU ........................................................... 2017
46.48. Association Notification or Communications ........................ 2017
49. Labor-Management Committee………………………………………………………..20
47.50. Catastrophic Time Bank ......................................................... 2017
48. Reopener ............................................................................................. 17
49.51. Me Too Clause ....................................................................... 2117
Update of Personnel Rules .................................................................. 17
Salary Schedule Exhibit A
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Town of Los Gatos and 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 Exhibit A when
classifications are created which fall under the representation of POA, 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.
Term
The term of this Memorandum of Understanding shall be three years, commencing on October 1, 202118, and
terminating on September June 30, 20241.
Section 1. Employer-Employee Relations
The Association recognizes the existence of Town Resolution 1974-41, and its successor if any, during the term of this
MOU. Recognition of any amendments to this resolution does not imply POA has agreed to the changes.
Section 2. Savings Clause
If any provision or the application of any provision of this agreement as implemented should be rendered or declared
invalid by any court action or decree or by reasons of any preemptive legislation, the remaining sections of this
agreement shall remain in full force and effect for the duration of this agreement
Section 3. Payroll Deduction
Any employee may sign and deliver to the Association an authorization for payroll deduction of membership dues. The
Town agrees to remit to the Association all monies deducted accompanied by a list of workers for whom such
deductions have been made and indicating any changes in personnel from the list previously furnished.
The Association shall certify in writing to the Town any changes in the amount of membership dues. The Town shall
not be obligated to put into effect any new, changed, or discontinued deduction until the pay period commencing
thirty (30) days or longer after such submission.
The Association shall indemnify and hold harmless the Town against any and all suits, claims, demands, and liabilities
that may arise out of, or by reason of, any action or omission of the Town in complying with this Section.
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Section 4. 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, religious creed, color, sex (including pregnancy, childbirth, and
related medical conditions), age (over 40), gender, gender identity, gender expression, sexual orientation, national
origin, ancestry, political or religious affiliation, Association membership or activity on behalf of the Association, marital
status, military or veteran status, or physical disability, mental disability, medical condition, or genetic information or
any other basis prohibited by applicable federal, State or Town law. Association and Town support equal employment
opportunity in hiring, and will support all State and Federal regulations regarding equal employment opportunity.
4.1 General Provision regarding Americans with Disabilities Act
A. Because the ADA requires accommodations for individuals protected under the Act, the Association recognizes
the Town's obligation to comply with all provisions of the ADA on a case-by-case basis.
B. The Association recognizes that the Town has the legal obligation to meet with the individual employee to be
accommodated before any adjustment is made in working conditions. The Association will be notified of
these proposed accommodations.
C. Any accommodation provided to an individual protected by the ADA shall not establish a past practice.
Section 5. Salary
5.1 Intent
It is the intent of the Town to maintain salaries and benefits at a level that attracts and retains quality employees. The
parties agree that surveys of the wages and benefits of police officers performing comparable work for comparable
agencies provide information useful in ensuring that the Town continues to meet this goal.
5.2 Effective 2018
Effective in the first full pay period of October 2018 the Town will provide a two and a half percent (2.5%) salary
adjustment for all bargaining unit members.
5.3 Effective 2019
Effective in the first full pay period of October 2019 the Town will provide a two and one-half percent (2.5%) salary
increase for all bargaining unit members. Effective in the first full pay period of October 2019 bargaining unit members
shall receive an additional increase of 1.5%.
5.4 Effective 2020
The parties agree to re-open on the subject of wages only.
5.5 Market Equity
Effective in the first full pay period in October 2018 market equity adjustments as follows:
Police Officer - 5.0%
Corporal – 5.0%
Sergeant – 5.5%
5.2 Effective Upon Approval
Effective the first full pay period after Council approval of this MOU, or as soon as practical thereafter, the salary rate
for all classifications shall be increased by two percent (2%).
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5.3 Effective 2022
Effective the first full pay period in July 2022, the salary rate for all classifications shall be increased by five and one-
quarter percent (5.25%).
The parties agree that the combined 2022 increases represent a three percent (3%) cost of living adjustment, a market
increase of three and fifteen hundredths percent (3.15%), and an additional one and one tenths percent (1.1%) to
address the passage of time since October 2021.
5.4 Effective 2023
Effective the first full pay period in July 2023, the salary rate for all classifications shall be increased by three percent
(3%).
5.56 Salary Range
Effective October 1, 2014, the Sergeant rank became a 4-step range. Any new Sergeant appointed after that date is
appointed to the 4-step range. Acting Sergeant pay will be paid at the top of the new range.
5.65 One-Time Lump Sum
Effective the first full pay period of July 2022 or the first full pay period after Council approval of the MOU, whichever is
later, all employees shall receive a one-time non-pensionable lump sum payment of five thousand dollars ($5,000).
5.76 Pandemic Related Bonus
Effective the first full pay period of July 2022 or the first full pay period after Council approval of the MOU, whichever is
later, all employees who worked for the Town in 2021 who are employed at the Town through as of the last day of the
pay period the bonus is paid, will receive a one-time, non-pensionable lump sum payment of $2,500.
Section 6. PERS Benefits
6.1 Town Contribution
Effective December 13, 1998, the Town ceased its participation in the Public Employee Retirement System "Employer
Paid Member Contributions" (EPMC) provision. Concurrently, the Town began paying in salary to the employees
covered by this memorandum of understanding the equivalent dollar amount of the former EPMC (9% of salary).
These employees were then responsible for making their own member contributions. The POA acknowledged that
implementation of this change had a cost impact to the Town which was equivalent to approximately 1.6% of total
compensation.
Substantially concurrent with the adoption of the 1998-2000 memorandum of understanding, the Town Council
adopted a Resolution materially the same as that recommended by the Public Employee Retirement System to
implement the provisions of 414 (h) (2) of the Internal Revenue Code (IRC). The POA accepted the terms of this
Resolution and acknowledged that the Resolution will apply to all current and future members of the POA during the
term of this agreement.
The Town contracts with the California Public Employees’ Retirement System (CalPERS or PERS) to provide Town
employees with retirement benefits.
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6.21 PERS 3% at 50 Retirement Option Classic Members
For employees that are not “New Members” as defined under Government Code section 7522.04(f), commonly
referred to as “Classic Members,” hired with reciprocity or CalPERS membership prior to 1/1/13 without a break in
CalPERS service of six months or more or hired and enrolled in CalPERS membership prior to 9/15/12, the Town
provides the Effective June 24, 2001, the Town amended its contract with the California Public Employees’ Retirement
System to include the 3% at 50 option for members of the bargaining unit. This retirement formula is applicable to
employees hired prior to January 1, 2013 or Classic Members (as defined in the California Public Employees’ Pension
Reform Act or 2013 (PEPRA) and CalPERS guidance) hired on or after January 1, 2013 with reciprocity in the PERS
retirement system.
The Town’s contract with CalPERS for the 3% at 50 option also includes the following optional benefits:
▪ Single Highest Year
▪ 1959 Survivor Benefit Level 4
▪ Conversion of Unused Sick Leave to Service Credit
Effective October 1, 2019 or as soon as administratively feasible following that date, Classic Members will contribute
123% more towards PERS (3% more than required by statute) in accordance with the requirements of Government
Code section 20516(a).
6.3 PERS 2.7% at 57 Retirement Option for New Member Employees Hired on or
After January 1, 2013
For employees hired on or after January 1, 2013, who meet the definition of New Member under Government’t Code
7522.04(f), the Town will provides the 2.7% at 57 retirement benefit.
The Town’s contract with CalPERS for the 2.7% at 57 option also includes the following optional benefits:
• For employees hired on or after January 1, 2013 will use the 36-month final average
compensation (Gov’t Code 20037).
• 1959 Survivor Benefit Level 4
• Conversion of Unused Sick Leave to Service Credit
New Members contribute toward CalPERS hired on or after January 1, 2013 shall pay an amount that is equal to one
half (1/2) the normal cost of his/herhis/her/their CalPERS pension as determined annually by CalPERS, or the current
contribution rate of similarly situated employees, whichever is greater (Government’t Code 7522.30(c)).
Employees eligible for this retirement formulae retain the option of conversion of unused sick leave to service credit.
Section 7. Education Incentive Pay
7.1 Four-Year Degree Incentive Pay
Two and one-half percent (2.5%) of base salary shall be paid for any member who possesses a four-year degree.
The Town shall pay two and one-half percent (2.5%) of base salary to any member who possesses a four-year degree
that enhances their ability to do their job. Employees must submit proof of the four-year degree to Human Resources
in order to be eligible for the payment.
7.2 Grandfather ClauseTwo-Year Degree Incentive Pay
For employees hired prior to June 30, 2008, the Town shall pay two and one-half percent (2.5%) of base salary to any
member who possesses a two-year degree or meets the minimum requirements to obtain an Associates of Arts Degree
that enhances their ability to do their job. Employees must submit proof of the two-year degree or completion of the
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minimum requirements to obtain an Associates of Arts Degree in a related field to Human Resources in order to be
eligible for the payment. The incentive pay for a two-year degree does not stack with incentive pay for a four-year
degree; the maximum education incentive pay any member may receive under this section 7 is two and one-half
percent (2.5%) of base salary
7.2.1
For employees hired prior to January 1, 2008, who qualify to participate in the Town’s Education Incentive program
prior to July 1, 2008; served a minimum of fifteen years with the Town of Los Gatos; and possess an Associates of Arts
Degree or meet the minimum requirements to obtain an Associates of Arts Degree in a related field, shall be eligible for
an additional 2.5% increase in base salary effective the first full pay period following their fifteenth anniversary date
from his/her hire date (members with a four year degree are not eligible for this benefit).
7.2.2
For employees who are in the process of being hired prior to January 1,2008; who qualify to participate in the Town’s
Education Incentive program within six months of hire; served a minimum of fifteen years with the Town of Los Gatos;
and possess an Associates of Arts Degree or meet the minimum requirements to obtain an Associates of Arts Degree in
a related field, shall be eligible for an additional 2.5% increase in base salary effective the first full pay period following
their fifteenth anniversary date from his/her hire date (members with a four-year degree are not eligible for this
benefit).
7.2.3
Eliminate Retention Incentive pay for ten and fifteen years for members hired after January 1, 2008.
7.3 Commencement of Educational Incentive Pay
Educational Incentive Pay is effective the first full pay period after the employee provides Human Resources with
sufficient proof that the employee has obtained the requisite degree or education for Educational Incentive Pay.
7.4 Re-Opener
If the law changes on the education requirements for California police officers, the Town has the right to reopen this
section 7.
Section 8. POST Certificate Pay
Qualified employees shall receive one of the following payment amounts in accordance with Exhibit A:
A. Employees in their represented classifications who have been awarded an Intermediate POST Certificate: An
additional 5% of base salary.
B. Employees in their represented classifications who have been awarded an Advanced POST Certificate: An
additional 2.5% of base salary for a total of 7.5%.
Section 9. Special Pays
Officers are limited to one special assignment pay or canine pay. Officers who qualify for bilingual pay may receive
bilingual pay in addition to a special assignment pay or canine.
9.1 Special Assignment Pay
Town shall provide a 5% special assignment pay to Association represented personnel who are routinely and
consistently assigned as follows:
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9.1.1
Motorcycle Patrol Premium- for unit members who operate and/or patrol on motorcycle.
9.1.2
School Resource Officer Duty Pay – For unit members who are assigned to School Resource Officer duty.
9.1.3
Detective Division Premium- for unit members who are routinely assigned to a detective or investigative division.
9.1.4
Police Administrative Officer-for unit members who are assigned to police administration to provide support for the
Police Chief and Command Staff in the operation of the Police Department.
Assignment for special pay purposes shall be done using Town Personnel Action Forms.
Association represented personnel removed from specialty positions on a temporary basis for departmental purposes
and through no fault or request of their own shall continue to receive specialty pay for a maximum of 30 calendar days.
The parties agree that special assignment premiums are pensionable as determined by CalPERS.
9.2 Bilingual Pay
The Town will pay an additional 2.5% above base pay for employees who are routinely and consistently assigned to
communicate in languages other than English. Bilingual pay will be for Spanish, Russian, Arabic, Chinese, Vietnamese
and any other language designated by the Chief of Police. The Town will determine the qualifying criteria including the
test and the application to the specific job assignment.
9.3 Canine Pay
Officers who are routinely and consistently assigned to handle, train and board a canine in accordance with this section
are eligible for Canine Officer/Animal Premium. Officers assigned to the canine unit are required to care for, train,
groom, feed, and bathe their assigned dog. The parties agree that two hours per week is a reasonable amount of time
to care for the canine. The Town compensates Canine officers a total of five (5) hours per week for additional time
spent caring for the canine. Two (2) hours of this additional time is outside of the regular shift. The remaining three (3)
hours is provided as release time.
Call-back as defined in the MOU shall not apply for the purposes of caring for the dog. Compensation provided during
the additional paid time and release time is mutually acknowledged to compensate for additional time required to care
for, train, groom, feed, and bathe the assigned canine.
9.3.1 Canine Pay Premium
Compensation for the 2 hours outside of the regular shift is paid as a 5% premium on all hours worked.
9.3.2 Canine Release Time
Canine Officers on a 4-10 schedule shall be released in a paid capacity for 0.75 hours prior to the “normal” conclusion
of each regularly scheduled shift (4 shifts per week equaling 3 hours per week) for the normal care of the canine,
including but not limited to training, grooming, feeding, bathing, and routine veterinarian care.
Canine Officers on a 12-hour schedule shall be released in a paid capacity for 1.0 hours prior to the “normal” conclusion
of each regularly scheduled shift (3 shifts per week equaling 3 hours per week) for the normal care of the canine,
including but not limited to training, grooming, feeding, bathing, and routine veterinarian care.
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In the event that a Canine Officer is not released in sufficient time prior to the conclusion of his or her shift, the officer
will be paid for additional time after the end of shift to compensate them for 0.75 or 1.0 hours of Canine care time as
appropriate. The Town recognizes that this may result in overtime.
9.3.3 Commute Time with Canine
Commute time with the canine shall not be considered working time. If there is an event requiring emergency
veterinarian care, travel to the veterinarian will be compensable work time.
9.4 Field Training Officer Training Premium
In addition to the above special pays, officers assigned by the Chief of Police as Field Training Officers shall also receive
the 5% incentive whenever providing training to a Department member for which a training observation report is
required or when completing special assignments directly related to the Field Training Officer Program with prior
approval of the Chief of Police. Attendance at FTO meetings, training provided at briefings, or other training provided
in conjunction with the Department’s annual Advanced Officer Training or other on-going general training to
Department members does not qualify for the 5% incentive.
9.5 Trailing Canine Pay
Officers that personally own a certified and properly equipped Trailing Canine and have been identified as a
Department Trailing Canine Handler will provide the Los Gatos-Monte Sereno Police Department with the use of the
Trailing Canine when tracking, trailing and related canine services are required. Deployment of the Trailing Canine
Team may be requested for location of missing persons, fugitive apprehension and evidence recovery. With the
approval of the Chief of Police, the Trailing Canine Team may also be deployed to other jurisdictions. Trailing Canine
Handlers are responsible for the maintenance and care of the canine, in addition to recurring in-service training, at no
cost to the Town.
9.5.1 Trailing Canine Premium
Officers will receive a five percent (5%) specialty pay premium only during approved deployment and use of services
and will submit an approved time sheet noting the specialty pay during the pay period in which the services were
rendered. Special assignment premiums are pensionable as determined by CaIPERS.
The Town will reimburse Officers up to, but not to exceed, $150.00 per month premium for private pet insurance.
Officers will submit receipts for payment on a quarterly basis to Finance — Accounts Payable for reimbursement. The
Town will also reimburse Officers for insurance deductible payments up to $250.00 per injury/illness incurred to canine
while deployed for use on Town assignments.
9.5.2 Trailing Canine Training
Trailing Canine Handlers will maintain required recurring in-service training and associated records, within the scope of
policies and procedures of the Los Gatos-Monte Sereno Police Department. Officers will be reimbursed for annual
canine recertification course registration fees not to exceed $800.00 per year. Officers are responsible for cost of
travel, lodging, and per-diem related to the annual re¬certification course.
Up to 40-hours of paid release time annually will be allowed to attend re-certification course. The approved re-
certification course constitutes scheduled Department training for which the release time will be honored.
9.6 Posting for Special Assignments
Any opening for a special assignment shall be posted for a minimum of two weeks, unless extraordinary circumstances
warrant otherwise.
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Section 10. Acting Sergeant Pay
Police Officers working as acting supervisors shall be compensated at Step "4" of the Sergeant’s rate of pay. Town shall
periodically review the actual time use of acting supervisor designations in order to determine the necessity of
additional permanent supervisory personnel.
Section 11. Reimbursement of Expenses
The Town shall pay claims for reimbursement within 30 days following the complete and accurate submission of claims
as approved by the Finance Director.
Section 12. Tuition Reimbursement
Town will reimburse 100% of the cost of books, university/school fees (except parking) and tuition. Tuition and school
fees shall be reimbursed up to the full-time rates of San Jose State University at applicable Undergraduate or Graduate
rates per school term. The maximum reimbursement per employee per fiscal year is equivalent to two (2) semesters.
The reimbursement shall be only for courses that are directly related to the employee’s position as determined by the
Town Manager, including general education courses that are generally related to attainment of a job-related degree or
certification. General education courses not generally related to the employee’s position will not be eligible for
reimbursement. Reimbursement shall be taxed pursuant to the State and Federal Regulations.
Application for Tuition Reimbursement shall be made to the Town before the course begins. Prior to reimbursement of
costs, all course work must be completed with a passing grade of “C” or equivalent when numerical score or pass/fail is
given. Individuals requesting reimbursement must currently be employed by the Town to be eligible for
reimbursement.
Any employee who terminates employment with the Town within one year from the completion of a class or classes,
for which tuition reimbursement was paid, shall refund all tuition paid under this provision, unless required to attend
by the appointing authority.
Section 13. Health and Welfare Benefits and Rate of Town Contribution
The Town contracts with CalPERS for the purpose of providing employees and their eligible dependents with medical
insurance benefits. During calendar year 2018, the Town will pay a maximum contribution of $133 per month to
CalPERS for each eligible active employee towards the purchase of medical insurance for those employees who enroll
in and receive such insurance through the Town. Beginning January 1, 2019, tThe Town’s maximum monthly
contribution for each eligible active employee shall be equal to the minimum employer contribution required under
Public Employees’ Medical and Hospital Care Act (PEMHCA), currently $149 per month, as may be adjusted by CalPERS
from year to year.
13.1 Cafeteria Plan
During the term of the MOU, the Town agrees to maintain a Cafeteria Plan, pursuant to Section 125 of the Internal
Revenue Code, for the purpose of providing eligible active employees with access to various health and welfare
benefits. Benefits available through the Cafeteria Plan include medical insurance, dental insurance, vision insurance
and life insurance benefits.
13.2 Dental
Employees choosing this option instead of Cash-in-Lieu will be provided 100% of the Delta Dental DPO Plan premium
less a $15.00 employee contribution. If the premium cost of the dental plan exceeds the Town contribution, the
employee shall pay through payroll deductions the difference between the monthly premium and the amount
contributed by the Town. The Town will pay 100% of the premium for employees choosing to participate in the
DeltaCare USA Plan.
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13.3 Medical
The Town will provide active employees with a medical allowance equal to 100% of the cost of the Kaiser Bay Area
Medical Insurance Program premium offered by the Public Employees’ Retirement System Health Benefit Medical
Program at for the Employee Only level of participation. for all active employees. For dependents, the Town will pay
90% of the difference between Kaiser Employee Only and Kaiser level of participation (Employee Plus One or Employee
Family, depending on family status). If the employee chooses medical coverage under a program more expensive than
Kaiser Bay Area, the employee will pay the difference between the Town-provided medical allowance and the cost of
the more expensive program through payroll deduction.
The Town’s contribution towards medical insurance set forth in Section 13 (the PEMHCA minimum) will be deducted
from the amount of contribution provided by this Section.
13.4 Vision
The Town shall pay for employee-only coverage under the Town’s Vision Service Plan (VSP). Employees may enroll
eligible dependents at their own cost.
13.5 Cash-In-Lieu Plan
Employees have the option of choosing all available coverages or, upon providing proof of other medical coverage, may
choose to opt out of the Town’s coverage and be provided with cash-in-lieu.
Employees who choose to receive the cash-in-lieu must first show proof of alternative minimum essential medical
coverage for the employee and employee’s tax family (individuals for whom the employee expects to claim a personal
exemption deduction). Individual coverage, and individual coverage from Covered California does not qualify as
alternative minimum essential coverage under this section. Employees must provide reasonable evidence of
alternative minimum essential coverage each plan year, during open enrollment. The Town will not make the cash
payment if it knows or has reason to know that the employee or tax family does not have alternative minimum
essential coverage. Any amount received in cash is taxable. Employees choosing to receive taxable cash will have the
option of receiving it in two equal amounts in December and June, or the first two paychecks of each month (24 times a
year).
• For employees hired before January 1, 2006, the Town contribution to the Cash-In-Lieu program will be equal
to Nine Hundred and Twenty-two Dollars ($922) per month.
• For employees hired after January 1, 2006, the Town contribution to the Cash-In-Lieu program will be Four
Hundred Dollars ($400) per month.
The parties agree to meet and confer at the Town’s request on any changes that are within the mandatory scope of
bargaining related to its Town sponsored Medical Insurance and Cash In-Lieu Plan that may be related to the
compliance and implementation of the Affordable Care Act or the Fair Labor Standards Act as it relates to the regular
rate of pay for overtime.
13.6 Supplemental Health and Welfare Benefits
A. Life: Coverage of $50,000 plus $50,000 accidental death: Town to pay for premium. Additional life insurance
may be purchased by the employee equal to once or twice the employee's base salary, not to exceed $200,000.
B. Disability: Short Term Disability Policy effective 8th calendar day; coverage of 60% of weekly earnings up to
maximum of $1,300/week for 13 weeks. Long Term Disability benefits begin on the 91st day of disability;
coverage of 60% of monthly earnings up to a maximum of $6,000/month.
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C. Employee Assistance Program: Premiums shall be paid by the Town.
D. Unemployment Insurance: Premiums shall be paid by the Town to provide State coverage.
Section 14. Retiree Health
The Town provides retiree health benefits in accordance with the PEMHCA for employees who qualify as eligible PERS
retirees who receive a PERS retirement allowance and are PEMHCA annuitants entitled to such benefits under the
PEMHCA.
Beginning October 1, 2018, the Town will pay a maximum contribution of $133 per month to CalPERS for each eligible
annuitant towards the purchase of medical insurance. Beginning January 1, 2019, tThe Town’s maximum monthly
contribution for each eligible annuitant shall be equal to the minimum employer contribution required under the
PEMHCA, currently $149 per month, as may be adjusted by CalPERS from year to year. The provisions of PEMHCA will
govern medical insurance coverage for annuitants.
14.1 Retiree Health Health Reimbursement Account (HRA) Benefit for Eligible
Retirees Hired On or before Before October 1, 2018
An employee hired on or prior to October 1, 2018, or provided with a final offer confirmation of employment prior to
October 1, 2018ratification and approval of the 2018-2021 Memorandum of Understandingis agreement, is eligible for
Health Reimbursement Account (HRA) retiree health benefits in accordance with this Section.
14.1.12
The employee retired from the Town taking a service or disability retirement from CalPERS as a retiree receiving a PERS
retirement allowance and is a PEMHCA annuitant; and,
14.1.23
The employee must actually draw a CalPERS pension within ninety (90) days of separation from the Town, provided the
employee remains with the Town’s health plan through COBRA.
14.41.3
The amount of the supplemental retiree health benefit allowance will be equal to 100% of the cost of the premium for
Kaiser Bay Area Retiree Only and 90% of the difference between the Kaiser Employee Only and Kaiser level of
participation (Employee Plus One or Employee Family, depending on family status)Bay Area Retiree Plus One level of
participation. For dependents, tThe Town will pay $1,443.45 per month towards a Retiree Plus One plan and
$1,9547.16 per month towards a Retiree Plus One or More plan, as of the 2022 plan yearOctober 1, 2018. This amount
will increase by $100.00 each year until it is equal to the active employee contribution.
14.51.4
The Town’s contribution towards retiree health insurance set forth in Section 14 (the PEMHCA minimum) will be
deducted from the amount of contribution provided by this Section (14.14).
14.61.5
Employees retiring on or after February 1, 2016 and upon becoming eligible for Medicare will cease to receive any
retiree health benefit allowance under this Section (14.41) and will become eligible for Supplemental Medicare equal
to the cost of Kaiser Senior Advantage Bay Area Medicare rates up to a maximum of 100% Retiree Only, 90% for
Retiree Plus One or 90% for Retiree Plus One or More less the amount of the employee contribution provided under
Section 14 (the PEMHCA minimum). This benefit is available to the eligible retired employee only after he or she has
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reached the age of 65 and is Medicare eligible or as otherwise specified by law.
14.71.6
The benefits described by this Section (14.14.4) will be provided to annuitants through CalPERS by means of a Health
Reimbursement Account (HRA).
14.82 Retiree Health Benefit for Eligible Retirees Hired After October 1, 2018
The parties agree to add the PORAC Trust option requiring bargaining unit employees to contribute at least $100 per
month subject to reaching mutual agreement on the language. The parties agree that administrative fees required by
the PORAC trust shall be split 50/50 by the Town and the POA.
The Association will establish participation in a retiree medical plan administered by the PORAC Retiree Medical Trust
(PORAC RMT). This agreement to participate will apply to every employee, represented by the Association, hired by
the Town after October 1, 2018. The cost of establishing and maintaining the Trust shall be at no cost to the Town,
including administrative fees. The Town is not a party to the Trust, aside from transferring funds, and has no
obligations to the management, regulatory compliance or performance of the trust. In the event the Trust becomes
insolvent or unable to pay, the Town has no financial obligation to the Trust or the contributing members of the
Association.
The Town will transfer a monthly employee contribution of one hundred dollars ($100.00) for each Association
member deducted in fifty dollars ($50.00) increments from the first two paychecks of each month (24 times per year).
These contributions shall be on a pre-tax basis if permitted by law. As each member will contribute the same
predetermined dollar amount, no member election forms designating the amount will be needed, allowed or
requested; and there shall be no member election available to take the member contribution amount in cash, or to
determine the member contribution amount. These contributions shall be included as salary for purpose of calculating
retirement benefits as determined by the California Public Employees Retirement System (CaIPERS).
The Town will comply with reasonable procedures set by the Trust Office with regard to reporting and depositing the
required contributions set forth above, typically involving providing the Trust Office with the name, social security
number and amount paid for each Association member. In the event that the reporting requirement of the Trust
requires reporting beyond that which the Town typically provides, the Town may require the Association to pay for any
costs related to programing or producing such reports. Prior to engaging in any activity that could result in such an
expense, the Town will secure the Association's authorization
The Association agrees to defend, indemnify, and hold the Town harmless from any liabilities of any nature which may
arise as a result of the operating of the PORAC RMT, except for the obligation of the Town to make and report the non-
elective transfer of Association member contributions as described above.
The monies contributed to the Trust fund shall only be used for retiree health insurance premiums
or health care expenses, as allowed by law. There shall be no Association member election/option available to take
such amount in unrestricted cash.
The purpose of this Trust shall be to provide for retiree health care expense reimbursement benefits. The Trust shall be
and remain separate and apart from any Town health insurance funding program, unless changed by mutual written
agreement of the parties. The contributions set forth above, unless otherwise dictated by law or rules set forth by
CalPERS, shall be included as salary for purpose of calculating pension benefits.
The Town hereby acknowledges receipt of the Trust Agreement governing the Trust. The Town will cooperate with the
Trust in allowing a payroll audit only for the purpose of ascertaining if the proper amount of contributions have been
made.
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Section 15. Uniforms
The Town will provide a full set of uniforms and equipment (per Department Uniform Policy) to each new employee.
The Town will replace authorized uniform items damaged in the performance of duty as approved by the Chief of
Police.
Effective upon ratification and approval by the Council of this Agreement, tThe Town will pay bargaining unit
employees a uniform allowance of One Hundred Fifteen Dollars ($115) per month (paid the first two pay periods of
each month) for the repair, maintenance, and replacement of uniforms.
Section 16. Mileage Reimbursement
Employees using personal vehicles on official Town business shall be reimbursed at the mileage rate established by the
I.R.S. Private vehicles used for Town business shall comply with the California Vehicle Code.
Mileage reimbursement requests must be submitted within 30 days of the date accrued.
Section 17. Payroll Periods
The Town and Association agree to the continuation of a biweekly payroll period. The following conditions are in
effect:
A. Employee pay shall not be withheld more than seven (7) calendar days from the end of the payroll period,
however, a maximum of two days overtime may appear on the next payroll period if it is worked following the
submittal of time sheets, or during a pay period with a Town holiday which requires early submittal of time sheets
and early distribution (before Friday) of pay checks. This may also occur at the end of the fiscal or calendar year.
B. The Town shall provide an optional electronic check deposit system for use by employees.
Section 18. Paychecks
Payroll deductions and accruals shall appear on all paychecks.
Section 19. Deferred Compensation
The Town shall continue to offer a program of deferred compensation to its members in the represented
classifications. The Town makes no representation on the merit of the plan nor any of the investment products or
instruments which may be offered by the plan. The responsibility for evaluating the options within the plan is the
responsibility of the individual participant. The Town shall not be obligated to offer more than one Deferred
Compensation carrier.
Section 20. Overtime
Overtime is time worked beyond any scheduled work shift.
All overtime worked shall be compensated at time and one-half. The employee may choose whether overtime worked
shall be paid in cash or accumulated as Compensatory Time Off (CTO), subject to a maximum accumulated CTO of one
hundred and forty (140) hours.
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On or before the pay period which includes December 15 of each calendar year, an employee may make an irrevocable
election to cash out up to 40 hours of CTO twice per year (paid at the regular rate of pay in whole hour increments)
which will be earned in the following calendar year. In the first full pay period of June and December in the following
year, the employee will receive cash for the amount of CTO the employee elected to cash out in the prior year.
However, if the employee’s CTO balance is less than the amount the employee elected to cash out (in the prior
calendar year) the employee will receive cash for the amount of the CTO the employee has accrued at the time of the
cash out.
Annual review of the impact of those changes will occur to determine if there is any adverse impact on scheduling.
For private duty contracts, officers may only receive pay.
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.
Section 21. Duty Extension
Compensation is made for actual time worked and shall be computed in minimum quarter-hour blocks.
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.
Duty extension is paid at time and one half.
Section 22. Call Back
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. Mandatory meetings where a
minimum of two weeks’ notice has been given are not a call back and will be compensated at a one (1) hour minimum
or actual time worked whichever is greater.
Call backs for officers assigned to Watch I (midnight shift) who have worked the night before shall receive a minimum
of 4 hours.
Personnel are considered on duty for the duration of a call back.
Court appearances-hearings-depositions: Required off duty attendance at judicial or administrative hearings is
compensated at a 3-hour minimum (4 hours for midnight 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.
Call back is paid at time and one half.
Section 23. Vacation Schedule
The following vacation schedule shall apply to all employees:
Months of Employment
Accrual
Days Per Year
Accrual
Hours Per Pay Period
0 to 36 10 3.08
37 to 60 15 4.62
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61 to 120 20 6.46
121 to 180 23 7.08
181 months 25 7.70
Maximum accrual of vacation hours shall be 344 hours.
On or before the pay period which includes December 15 of each calendar year, an employee may make an irrevocable
election to cash out up to 80 hours of vacation twice per year (in whole hour increments) which will be earned in the
following calendar year. In the first full pay period of June and December in the following year, the employee will
receive cash for the amount of vacation the employee irrevocably elected to cash out in the prior year. However, if the
employee’s vacation balance is less than the amount the employee elected to cash out (in the prior calendar year) the
employee will receive cash for the amount of vacation the employee has accrued at the time of the cash out.
Section 24. Vacation and Overtime Compensatory Time Off Cash-out
Employees who terminate from Town service shall have all accrued vacation and compensatory time off overtime
cashed-out. This will terminate their status as an employee of the Town.
Section 245. Shift and Vacation Selection Procedures
Patrol shift selection and vacation bidding shall commence approximately ten weeks prior to shift change, unless
circumstances require otherwise.
The Town agrees to continue efforts to transition to an online mechanism for shift and vacation selection.
Due to the Association’s concerns regarding changes to the vacation selection procedure that arose due to sworn
staffing shortages and its effect on officer access to vacation, the parties agree to meet to discuss shift and vacation
selection procedures during the month of July 2022. Upon request by the Union, the parties will promptly meet and
confer on the limited issue of the Department’s vacation selection procedure. Any changes to the existing vacation
selection procedure will be by mutual agreement.
Section 26. Holidays and Holiday Pay
The following holidays will be observed by non-uniform personnel:
• January 1.
• the third Monday in January.
• the third Monday in February.
• the last Monday in May.
• Juneteenth.
• July 4.
• the first Monday in September.
• Thanksgiving Day.
• the Friday following Thanksgiving Day.
• December 25.
• Four hours on December 24 and December 31
• Every day declared a Holiday by the Mayor as a result of a national holiday declared by the President or 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.
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Uniform personnel assigned to shift work (Patrol and Traffic) shall receive compensation in-lieu of holiday time off
equal to eighty (80) hours of base pay annually. Employees shall have the option of taking Holiday leave off equal to
eighty hours (80) or receive in-lieu compensation. If the employee selects to receive in-lieu compensation, forty (40)
hours of holiday pay will be received in the last payroll of November and the second forty (40) hours will be received in
the last payroll of May, and will be included on the regular check. In-lieu holiday pay shall cease whenever an
employee is reassigned to other than shift work. The employee shall observe holidays as described above. 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 (the language of this
paragraph becomes null and void effective January 1, 2019).
Effective beginning January 1, 2019, the parties agree to pay holidays for bargaining unit employees through Holiday In-
Lieu pay of 4.0%.
Effective the first full pay period of July 2022 or the first full pay period after Council approval of the MOU, whichever is
later, in recognition of Juneteenth, holiday in-lieu pay will be increased by 0.4%, to total 4.4%.
Effective the first full pay period of July 2022 or the first full pay period after Council approval of the MOU, whichever is
later, employees will receive a one-time, non-pensionable lump sum payment of one thousand dollars ($1,000) for
foregoing the Juneteenth holiday prior to 2023.
Section 276. Personal Leave
Employees shall have the option of either taking personal leave off equal to twenty-four (24) hours of base pay
annually, or receiving in-lieu compensation equal to same if the personal leave is not used by the end of November.
Employees may use personal leave hours during the month of December; however, employees desiring to receive
compensation for those hours shall do so in conjunction with the annual cash out in November.
Section 278. Sick Leave
Accumulation rate shall be 8 hours per month (3.70 hours per pay period) with a maximum accrual of 1180 hours. The
Town may require association represented employees to provide a doctor statement of proof of illness for any use of
sick leave beyond one working day.
Section 298. Sick Leave Cash-Out Program
298.1 Annual Sick Leave Cash-Out for Employees Hired Prior to October 1, 2018
On or before the pay period which includes December 15 of each calendar year, employees eligible to cash out under
this section may make an irrevocable election to cash out up to 40 hours of their accumulated sick leave at 50% of
current salary two times per year (in whole hour increments) which will be earned in the following calendar year. In
the first full pay period of June and December in the following year, the employee will receive cash for the amount of
sick leave the employee irrevocably elected to cash out in the prior year. However, if the employee’s sick leave balance
is less than the amount the employee elected to cash out (in the prior calendar year) the employee will receive cash for
the amount of sick leave the employee has accrued at the time of the cash out.
298.2 Sick Leave Cash-Out Upon Termination for Employees Hired Prior to October
1, 2018
Employees who terminate employment with the Town for any reason other than retirement or disciplinary
termination, may cash-out their accumulated sick leave as follows:
Months of Employment
1-59 months 25%
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60-119 months 37.5%
120 months or more 50%
In order to be eligible for the sick leave cash-out program, an employee must have a sick leave accrual balance of at
least 200 hours at the time of termination.
298.3 Unused Sick Leave Upon Retirement
Upon retirement, eligible employees may choose from the following options:
1. Eligible employees may convert unused sick time to service credit in accordance with provisions established by
CalPERS.
2. Sick Leave Cash Out for Employees Hired Prior to October 1, 2018
All eligible employees who retire with a sick leave accrual balance of at least 200 hours may elect to be paid in cash in
accordance with the same provisions as Section 28.2 Sick Leave Cash-Out Upon Termination.
3. Sick Leave Conversion for Employees Hired Prior to January 1, 2009
All employees who retire with a sick leave accrual balance of at least 200 hours may convert 100% of this accumulated
sick leave to a dollar equivalent at their hourly rate of pay at the time of retirement. This amount shall be held in an
account. The employee’s portion of the medical insurance premium payment will be withheld from their monthly
retirement payment by PERS.
The Town agrees to pay the retiree quarterly in advance on the first pay period of January, April, July, and October of
each year after retirement. The first payment will be pro-rated to the nearest quarter.
Retiree’s (including dependents of the retiree) portion of medical payments will be paid from this account by the Town
until all monies are depleted from the account.
This account will not accrue interest and will not be paid in cash to the retiree or any beneficiaries. The retirees shall
be responsible for 100% of their share of future medical insurance premiums once the account is exhausted.
Section 3029. Military Leave
Military leave and benefits shall be granted in accordance with State and Federal Law, including the continuation of
employee salary and benefits if applicable.
Generally, employees with more than one year service will receive up to thirty (30) calendar days of paid military leave
annually while engaged in military duty ordered for purposes of active military training.
Section 310. Bereavement/Compassion Leave
Up to 40 hours available per occurrence – use limited to spouse, parent, grandparent, child, or sibling by blood or
marriage. It is recognized that bereavement/compassion leave is separate from employee’s accumulated sick leave,
vacation or CTO.
Section 321. Leave Without Pay
Leave without pay shall be subject to approval of the Chief of Police and the Town Manager.
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An employee who is on leave without pay shall not earn any employment benefits (including, but not limited to, such
benefits as vacation leave, medical benefits, sick leave, retirement, credit for time employed or seniority entitlement of
any kind) for the duration of such leave.
Vacation or sick leave or time worked shall not be used intermittently during an extended leave to interrupt a
determination that an employee is on leave without pay.
The Town may, at its discretion, approve leave beyond the specific amount provided above.
Section 332. Accrual of Benefits
Benefits shall not accrue to employees on unauthorized leave, suspension without pay, or leave without pay.
Section 343. Workers’ Compensation
Employees shall be provided benefits in compliance with State law.
Section 354. 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 of jury duty on regular work days.
Section 365. Outside Employment
Outside employment shall be subject to approval of the Chief of Police and the Town Manager, subject to the following
limitations: 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. Approval must be obtained
prior to engaging in the outside employment and shall be renewed prior to July 1 of each year.
Section 376. Residency Requirement
There is no residency requirement for represented employees.
Section 387. 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 (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.
Section 398. Vehicles
Town shall advise POA no later than sixty days prior to Town development of vehicle specifications for patrol vehicles.
POA shall submit recommended specifications for vehicle purchase no later than thirty (30) days after receiving the
notice from the Town.
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Section 3940. 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 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 (2) hours of 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 positions of Police Corporal and
Police Sergeant.
Any opening for Police Corporal or Police Sergeant positions shall be posted for a minimum of three weeks, unless
extraordinary circumstances warrant otherwise.
Section 410. Probationary Period
The Town and the Association agree that all original appointments to the rank of Police Officer will include a
probationary period of 18 months from date of hire to allow the department to fully evaluate the officer following the
academy and FTO training.
Individuals hired as a lateral transfer must have a valid P.O.S.T. Basic Certificate at the time of hire and will be subject
to a 12-month probationary period.
Any individual on an 18-month probationary period will be eligible to receive a step increase after 12 months.
All promotional appointments to the positions of Corporal and Sergeant shall be subject to satisfactory completion by
the employee of a 12-month probationary period.
The Chief of Police may extend the probationary period of an employee for a period not to exceed an additional six (6)
months.
Section 421. 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
anniversary date.
All performance evaluations shall be discussed with the employee prior to the evaluation being completed. Employees
may sign their individual performance evaluations as evidence of discussion having taken place; employee signature
does not necessarily imply agreement with the evaluation. If an employee chooses not to sign an evaluation, the
supervisor will note that the employee has read the evaluation and chooses not to sign. An employee may attach
separate written comments to his/herhis/her/their evaluation.
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Section 423. 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/herhis/her/their resignation to his/herhis/her/their former
position, if vacant. Upon reinstatement, the employee shall be considered as though he/she/they had received an
original appointment, unless other conditions are made a part of the reinstatement by the Town Manager.
Section 434. 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 paid status. 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.
Section 445. Grievance Procedures
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) days “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/herhis/her/their
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/they 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/herhis/her/their 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 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/they 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 the receipt of the written decision of the Chief. The Town shall render a written
decision within twenty (20) working days after the appeal is made.
If after receipt of the written decision of the Town Manager the employee is still dissatisfied, he/she/they may appeal
the decision of the Town Manager to the Personnel Board. Such appeal shall be made by filing a written appeal to the
Chair of the Personnel Board within five (5) days after receipt of the written decision of the Town Manager.
Town of Los Gatos Los Gatos Police Officers’ Association October 1, 202118 – September June 30, 20241
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The Personnel Board shall establish a hearing date within 30 days of receipt of the written appeal. The Personnel
Board shall conduct a closed hearing giving opportunity for presentation by the employee or his/herhis/her/their
representative and the Town Manager. The Personnel Board shall render a written decision within 30 days after the
appeal is made. If after receipt of the written decision of the Personnel Board, the employee is still dissatisfied,
he/she/they may appeal the decision of the Personnel Board to the Town Council. Such appeal shall be made by filing
a written appeal with the Mayor. The Mayor shall schedule a closed hearing with the Town Council within 30 days
after receipt of the appeal. At this hearing, the employee and the Town Manager may make presentations. The Town
Council decision shall be final. The Town Council shall render a decision within 30 days after the hearing. An open
hearing may be conducted by the Personnel Board or Town Council with mutual consent of the Town and person(s)
filing the grievance.
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.
Section 456. Attendance
Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays and
leave.
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.
Section 476. Completeness of MOU
The Town and the Association acknowledge and agree to abide by the provisions of the Meyers-Milias-Brown Act.
Section 478. Association Notification or Communications
The Town and the dDepartment will make every reasonable effort to keep the Association President informed on
issues related to the working conditions of the Association members.
Section 49. Labor-Management Committee
As part of a continuing effort to promote healthy labor relations, the Department and the Association shall establish a
Police Labor-Management Committee to meet on at least a quarterly basis to promote open communication and the
sharing of information. It is the intent of the parties that the Chief or designee and the Association President or
designee will attend these meetings.
Section 4850. Catastrophic Time Bank
If an employee is catastrophically ill or injured, or if the spouse or child of such employee becomes catastrophically ill
or injured, the employee may request of the Town Manager that a catastrophic time bank be established. This request
should be in writing. The catastrophic time bank will enable other employees to donate accrued CTO, holiday credits,
or vacation credits to the requesting employee in accordance with departmental policies.
Specific procedures for the administration of the catastrophic time bank will be developed by the department.
Town of Los Gatos Los Gatos Police Officers’ Association October 1, 202118 – September June 30, 20241
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Section 49. Reopener
If, for any reason, the Chief of Police decides it is in the best interest of the Department to discontinue the 4-10 Plan
within the term of this agreement, the Town of Los Gatos agrees to reopen negotiations within 30 days on all
provisions of the MOU.
Section 510. Me Too Clause
The Town shall not enter into an agreement with another bargaining unit, local union or management unit so that unit,
local or bargaining unit can receive any compensation related to any salary or total compensation increase obtained by
the POA.
Section 51. Update of Personnel Rules
The Town will be updating the Personnel Rules during the term of this agreement. The Town will provide notice and an
opportunity to meet and negotiate any negotiable changes to the Personnel Rules. The parties agree to this process
for this update.
Class Code Classification Title Range Step Hourly Rate
2520 Police Sergeant (Prior) 04-0721 1 $66.43
Appointment before 03/01/2015 2 $69.75
3 $73.24
4 $76.90
5 $80.75
Class Code Classification Title Range Step Hourly Rate
2521 Police Sergeant (New) 05-0721 1 $66.43
Appointment after 03/01/2015 2 $69.75
3 $73.24
4 $76.90
Class Code Classification Title Range Step Hourly Rate
7500 Police Corporal 03-0715 1 $55.12
2 $57.88
3 $60.77
4 $63.81
5 $67.00
Class Code Classification Title Range Step Hourly Rate
7510 Police Officer 02-0711 1 $52.50
2 $55.13
3 $57.89
4 $60.78
5 $63.82
Class Code Classification Title Range Step Hourly Rate
9519 Police Trainee *01-0710 1 $49.88
*95% of Step 1 of Police Officer Classification (Provisional Employee with Misc PERS)
Reflects General Increase of 2%.
Town of Los Gatos POA Classifications
Salary Schedule for Fiscal Year 2021/22
Effective June 12, 2022
Adopted by Town Council June 7, 2022
POA 2%1 Approved 6/7/2022
ATTACHMENT 1
Class Code Classification Title Range Step Hourly Rate
2520 Police Sergeant (Prior) 04-0721 1 $69.92
Appointment before 03/01/2015 2 $73.42
3 $77.09
4 $80.94
5 $84.99
Class Code Classification Title Range Step Hourly Rate
2521 Police Sergeant (New) 05-0721 1 $69.92
Appointment after 03/01/2015 2 $73.42
3 $77.09
4 $80.94
Class Code Classification Title Range Step Hourly Rate
7500 Police Corporal 03-0715 1 $58.01
2 $60.91
3 $63.96
4 $67.16
5 $70.52
Class Code Classification Title Range Step Hourly Rate
7510 Police Officer 02-0711 1 $55.26
2 $58.02
3 $60.92
4 $63.97
5 $67.17
Class Code Classification Title Range Step Hourly Rate
9519 Police Trainee *01-0710 1 $52.50
*95% of Step 1 of Police Officer Classification (Provisional Employee with Misc PERS)
Reflects General Increase of 5.25%.
Town of Los Gatos POA Classifications
Salary Schedule for Fiscal Year 2022/23
Effective July 10, 2022
Adopted by Town Council June 7, 2022
POA 5.25%1 Approved 6/7/2022
ATTACHMENT 2