09 Staff Report - Town Employees Association
DATE: TO: FROM: COUNCIL AGENDA REPORT NOVEMBER 8, 2004 MAYOR AND TOWN COUNCIL DEBRA J. FIGONE, TOWN MANAGER MEETING DATE: 11/15/04 ITEM NO. :9 SUBJECT: ADOPT RESOLUTION APPROVING THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF LOS GATOS AND THE TOWN EMPLOYEES ASSOCIATION FOR THE PERIOD JUNE 20, 2004 THROUGH NOVEMBER 1,2006 RECOMMENDATION: Adopt resolution approving
the Memorandum of Understanding between the Town of Los Gatos and the Town Employees Association for the period June 20, 2004 through November 1,2006. DISCUSSION: In accordance with
the Town's Employer-Employee Relations Resolution No. 1974-41, representatives ofthe Town and the Town Employees Association (TEA) have met and conferred in good faith and within the
scope ofrepresentation. Adoption ofthe attached resolution approving the Memorandum of Understanding for TEA represented positions is recommended. The Memorandum of Understanding reflects
economic and non-economic changes for TEA represented employees. A summary ofthe changes is attached. The Memorandum ofUnderstanding covers a two-year, four month period effective June
20, 2004 through November 1,2006. Changes in compensation will occur on October 24,2004, June 19,2005, and July 30, 2006. PREPARED BY: GARY ROGERS Human Resources Director N:\MGR\AdminWorkFiles\cnclr
pts\11-15 Confidential.wpd Reviewed by: ill-Assistant Town Manager __Community Development Reformatted: 5/30/02 . L..--Town Attorney __Clerk Revised: 11/10/04 9:59
am
PAGE 2 MAYORAND TOWN COUNCIL SUBJECT: ADOPT RESOLUTION APPROVING CONFIDENTIAL EMPLOYEE COMPENSATION PLAN FOR FISCAL YEAR 2004-2005 & FISCAL YEAR 2005-2006 NOVEMBER 8, 2004 The TEA represented
employees have ratified the proposed agreement. The attached resolution provides the Town Manager the authority to execute the Memorandum of Understanding. ENVIRONMENTAL ASSESSMENT:
Is not a project defined under CEQA, and no further action is required. FISCAL IMPACT: Funds to implement this agreement are included in the Adopted FY 2004-05 Annual Budget. Funding
for future years will be included in the proposed FY 2005-2006 and FY 2006-2007 Annual Budgets. Attachments: 1. Summary ofchanges in the Memorandum ofUnderstanding between the Town ofLos
Gatos and the Town Employees Association 2. Resolution approving the Memorandum of Understanding between the Town of Los Gatos and the Town Employees Association for the period June
20, 2004 through November 1, 2006 (Exhibit A: Town of Los Gatos and the Town Employees Association Memorandum of Understanding, June 20, 2004 -November 1, 2006)
• Term: SUMMARY OF CHANGES IN THE MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF LOS GATOS AND THE TOWN EMPLOYEES ASSOCIATION 2.4 years (June 20,2004 through November 1, 2006) • Compensation:
3% salary increase on October 24,2004 2% salary increase on June 19,2005 1% salary increase on July 30, 2006 • Cash-Allocation for Benefits Cash allocation for benefits is currently
linked to the cost ofKaiser family medical insurance coverage. Effective January 1,2005 cash allocation shall be de-linked from the automatic adjustment and set at a fixed $800 per month.
All employees hired after November 15,2004 shall have cash allocation capped at $400 per month. No further adjustments in cash allocation for benefits shall be made during the term ofthe
agreement. • Performance Evaluations -The Town will develop a new employee performance evaluation system. The TEA unit may provide feedback, regarding the proposed system, however the
final program design shall be decided by the Town. • Bilingual Incentive Pay -The Town will annually review the bilingual incentive pay program. Continuation of employee bilingual pay
is subject to Town approval. • Bonus Program -Effective October 24, 2004, the existing bonus program shall be eliminated and the value of the bonus shall be placed in top-step salary.
• Retirement Health Savings Plan -A Retirement Health Savings Plan will be implemented by January 1, 2005, which permits voluntary employee contributions. • PERS & Catastrophic Time
Bank-Non-economic, minor language changes are proposed. • Sick Leave Conversion Retiree Medical -The provision permitting the conversion at retirement of up to 1000 hours of unused sick
leave at present value to be used to pay for retiree medical benefits is eliminated for new hires effective November 15,2004. • Benefit Alignment -Currently there are three tiers of
employee benefits -50%, 75% and 100%, based on hours worked. Effective November 1,2004 employee.benefits will be prorated to the number of hours worked. N:\MGR\AdminWorkFiles\cnclrpts\TEA
Summary of Changes Nov 2004.doc 11/10/2004 ATTACHMENT 1
RESOLUTION NO. RESOLUTION OF THE TOWN OF LOS GATOS APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF LOS GATOS AND AFSCME LOCAL 101 FOR THE PERIOD JUNE 20, 2004 THROUGH JUNE
30, 2007 WHEREAS, representatives of the Town and AFSCME Local 101, in accordance with the Town's Employer-Employee Relations Resolution No. 1974-41, have met and conferred in good faith
within the scope of representation, and WHEREAS, the members ofAFSCME Local 101 have ratified the proposed Memorandum of Understanding, RESOLVED, by the Town Council of the Town of Los
Gatos, County of Santa Clara, State of California, that the Town Council approves the Memorandum of Understanding between the Town of Los Gatos and AFSCME Local 101 as presented in Exhibit
A, and the Town Manager is hereby authorized to sign the agreement on behalf of the Town. PASSED AND ADOPTED at a regular meeting ofthe Town Council ofthe Town of Los Gatos, California,
held on the__day ofNovember, 2004 by the following vote: COUNCIL MEMBERS: . AYES: NAYES: ABSENT: ABSTAIN: SIGNED:MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR
OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:\MGR\AdminWorkFiles\cnclrpts\TEA Council Resolution Nov 2004.doc Created on 11/4/200410:16AM ATTACHMENT 2
TOWN OF LOS GATOS AND THE TOWN EMPLOYEES ASSOCIATION MEMORANDUM OF UNDERSTANDING JUNE 20, 2004 -NOVEMBER 1, 2006
TABLE OF CONTENTS SectionTitle Page PREAMBLE 1 TERM 1 GOAL :....... 1 1. SCOPE OF REPRESENTATION 2 2. TOWN EMPLOYER -EMPLOYEE RELATIONS...................... 2 a. T.E.A. Rights 2 b.
Town Employer-Employee Relations Resolution 2 c. Employee Rights...... 3 d. Management Rights 3 3. COMPREHENSIVENESS OF AGREEMENT 4 4. SAVINGS CLAUSE :................................................
. 4 5. PAYROLL DEDUCTION 4 6. NON-DISCRIMINATION 5 . 6.1 General Provision Regarding Americans With Disabilities Act............. 5 7. EMPLOyMENT......................................................
......................................... 5 a. Step Placement for New Hires :.................................................. 5 b. Probationary Period 5 c. Performance Evaluations..................
.................................................. 5 d. Promotions .. �
� 6 e. Work DaylWeek.............. 7 f. Layoff Policy........................................................................................
7 g. Outside Employment................................... 12 h. Reclassification ;...................................... 12 8. SALARY AND OTHER COMPENSATION..........................................
........... 12 a. Town Compensation Policies.............................................................. 12 b. Compensation..........................................................................
........... 13 c. Overtime.............................................................................................. 13 d. Call Back...............................................................
.............................. 14 e. Deferred Compensation ;... 14 f. Out-of-Classification Pay..................................................................... 14 g. Bilingual Incentive
Pay.............................................. 15 h. Uniform Allowance 15 i. Exceptional Performance Bonus.......... 15
j. Holiday Compensation ; 15 k. Testimony for Town Matters................................. 17 I. Retirement Health Savings Plan 17 9. PAYROLL/PAYCH'ECKS 17 a. Payroll Periods........................
............................................................ 17 b. Paychecks........................................................................................... 17 10. HOLIDAyS................
..................................................................................... 18 11. INSURANCE PROGRAMS :................................................................ 18 a.
Life Insurance 18 b. Disability Insurance........... 18 c. Workers' Compensation...................................................................... 19 d. Liability Insurance 19 e.
Employee Assistance Program.......... 19 f. Unemployment Insurance 19 g. Vision Plan 19 12. CASH ALLOCATION PLAN .......... :...............................................................
19 13. FAMILY MEDICAL INSURANCE PLAN 20 14. PUBLIC EMPLOYEES RETIREMENT SySTEM........................................... 21 a. 2% At 55 21' b. EPMC Conversion ·......................................
............. 21 15. BENEFITS ACCRUALIPAYMENT................................................................. 21 16. VACATION AND LEAVES
21 a. Vacation and Annual Leave Scheduling 21 b. Vacation Accrual·................................................................................. 22 c. Sick Leave...................................
......................................................... 22 . d. Sick Leave Cash-Out Program 22 e. Annual Leave.................... 23 f. Personal Leave............... 23 g. Medical/Maternity/Family
Leave.. 24 h. Bereavement Leave 24 i. Disaster Leave.................................................................................... 24 j. Military Leave 24 k. Jury Duty.... 24 I.
Leave Without Pay.............................................................................. 24 m. Leave Balanc·es..................................................................................
. 25 n. Catastrophic Time Bank...................................................................... 25 17. GRIEVANCE PROCEDURE........................................................................
.. 25 18. MISCELLANEOUS ISSUES 27 a. Personnel Rules.................................................................................. 27 b. Personnel Manual........... 27 c. Mileage
Reimbursement......... 27
d. Vehicle Acquisition 27 e. Discipline............................................................................................. 28 f. Library Card................................................
........................................ 28 g. Benefit Application :........................... 28 19. TRAINING PAY 28 20. TOWN VEHiCLES...............................................................
.......................... 28 21. COMPLETE AGREEMENT 29 Sig.nature Page.............................................................................................. 29 APPENDIX A -Scope
of Representation and Salary Range.................................... 30 APPENDIX B1 -Bi-Weekly Salary Schedule Effective October 24, 2004................ 31 APPENDIX B2 -Bi-Weekly
Salary Schedule Effective June 19, 2005 32 APPENDIX B3 -Bi-Weekly Salary Schedule Effective July 30, 2006 33 APPENDIX C -Pay and Classification System 34 APPENDIX D -Resolution 1991-194..............
.......................................................... 35 APPENDIX E -4/1 0 Sideletter.................................................................................. 37 APPENDIX
F -9/80 Sideletter.................................................................................. 43
TOWN OF LOS GATOS AND THE TOWN EMPLOYEES ASSOCIATION COMPREHENSIVE MEMORANDUM OF UNDERSTANDING ON SALARIES, FRINGE BENEFITS AND WORKING CONDITIONS PREAMBLE The authorized'representatives
of the Town of Los Gatos hereafter referred to as the "Town" and the authorized representatives of the Town of Los Gatos Employees Association hereafter referred to as "TE.A." do jointly
accept and agree to all the terms and conditions of employment set forth in this comprehensive memorandum of understanding pursuant to Town Resolution 1974-41 of the Town of Los Gatos
and the Meyers-Milias-Brown Act, Section 3500 et. seq. of the Government Code. This understanding shall apply to represented employees assigned to those classifications listed on Appendix
"A". When classifications are created which fall under the representation of T EA., this understanding shall also apply. This agreement supersedes all previous agreements between the
Town and TEA. The terms and conditions of employment' set forth in this understanding have been discussed in good faith by the authorized representatives of the Town and the authorized
representatives of the employees. TEA. agrees to recommend acceptance by the employees of all terms and conditions set forth herein. Following said acceptance by TE.A., 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 This Memorandum of Understanding shall commence on June 20,2002 and terminate on November 1, 2006.
GOAL This Memorandum of Understanding (MOU) has been prepared in a spirit of cooperation between T.E.A. and the Town. The purpose of this MOU is to define all presently known issues
concerning employment, foster a sense ofteam work between T.EA. and the Town, create conditions under which the highest quality of public service is delivered. N:\MGR\AdminWorkFiles\cnclrpts\Tea
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1. SCOPE OF REPRESENTATION Employees represented by 1.EA. are those in permanent positions in the classifications listed in Appendix A. If it should become necessary to reduce the hours
of any employee whose classification is listed in Appendix A, such employee's representation by 1.E.A. will not be affected. The Town agrees to notify 1.EA. before filling a vacated
represented position with an hourly employee. 2. TOWN EMPLOYER-EMPLOYEE RELATIONS a. T.E.A. Rights The Town recognizes the employees' right to join and participate in 1.E.A.. 1.EA. shall
provide the Town with a list of 1.E.A. officers and department representatives. 1.E.A. shall distribute to all new unit employees materials furnished for such purposes by 1.E.A.· Upon
request of any employee represented by this agreement, a 1.E.A. representative shall be present during meetings involving the individual employee in disciplinary matters. Oral reprimands
and performance evaluations are not included in the above. To the extent possible, disciplinary and grievance matters shall be considered during normal working hours and with pay. T.E.A.
shall have access to its members, bulletin boards, and Town mail system on Town time. Up to five (5) 1.EA. members shall be allowed, as long as there is no disruption in work, up to
eight (8) hours for 1.EA. President, and two (2) hours for each 1.E.A. member each month of release time off with pay for meeting and conferring, meeting and consulting or the processing
of grievances in accordance with the grievance procedure, Section 17 of this MOU. Town initiated meetings are not subject to release time limits. Such 1.E.A. members shall first obtain
permission from department heads before leaving their work or work locations. 1.EA. general membership meetings will continue to be held during lunch or after work. b. Town Employer-Employee
Relations Resolution T.E.A. and the Town recognize the existing language in Town Resolution 1974-41, or its successor as it governs all aspects of labor relations in the Town. Any changes
changes in Resolution 1974-41 which apply to 1.EA. will be made after meeting and consulting with 1.E.A. N:\MGR\AdminWorkFiles\cnclrpts\Tea Final MOU 2004-2006 (Nov 5).doc 11/11/2004
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c. Employee Rights The Town adopts, in principle, the following rights, duties and responsibilities of its employees: (1) Organize and select leaders and representatives. (2) Employee
and Town actions shall be governed by the Memorandum of Understanding (MOU), personnel rules and Town policies. (3) At T.E.A.'s request the Town Manager shall meet twice during the term
of this agreement with T.E.A. to discuss matters of employee interest. (4) Utilization of the Disciplinary Procedure (see Resolution 1974-41 or its successor, if any during the term
of this MOU, and Ordinance No. 1593). . (5) Right to request a review of his/her classification and receive a response to the request. d. Management Rights The rights of the Town include,
but are notlimited to the exclusive right to: (1) Determine the mission of its constituent departments, commissions and boards; (2) Set the standards of service; (3) Determine the procedures
and standards of selection for employment and promotion; (4) Direct its employees; (5) Take Take disciplinary action in accordance with adopted disciplinary procedures, recognizing the
employee's rightto due process; (6) Relieve its employees from duty because of lack of work or for other legitimate reasons; (7) .Maintain the efficiency of governmental operations;
(8) Determine the methods, means and personnel by which government operations are to be conducted; (9) Determine the content of job classifications; N:\MGR\AdminWorkFiles\cnclrpts\Tea
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(10) Take all necessary action to determine when an emergency exists and to carry out its mission in emergencies including the requirement that employees work overtime. Any question
regarding the existence of an emergency is determined by the Town Manager, whose decision shall be final; (11) Exercise control over its organization and the technology of performing
its work; (12) Refer any question regarding implementation or interpretation of the M.O.U. to the Town Manager or the Town Personnel Officer for a determination. 3. COMPREHENSIVENESS
OF AGREEMENT a. The Town and T.E.A. agree that this agreement represents all wages, hours, and working conditions subject to the meet and confer process and available to employees. b.
In the event that a local, State or Federal law significantly impacts the terms of this MOU, the Town will meet and consult with T.E.A. regarding its implementation. In some cases, this
may occur after the law or rule has been adopted. 4. SAVINGS CLAUSE If any provision orthe application of any provision of this agreement as implemented· should be rendered or declared
invalid by any final 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. 5. PAYROLL DEDUCTION The Town will deduct from the bi-weekly paycheck and remit to the Association, the normal and regular Association membership dues as voluntarily
authorized in writing by the employees subject to the following conditions: a. Such deduction shall be made only upon submission of deduction form to the Said form shall be duly completed
and signed by the employee. b. 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. Every effort will be made to remit dues to the T.E.A. within two weeks of deduction from members' wages. T.E.A. agrees to indemnify and hold the Town harmless
for any suits, claims, demands, or liabilities that may arise as a result of the Town withholding such dues. N:\MGR\AdminWorkFiles\cnclrpts\Tea Final MOU 2004-2006 (Nov 5).doc 11/11/2004
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6. NON-DISCRIMINATION The Town and T.E.A. agree that all provisions of this Agreement shall be applied equally to all employees covered herein without favor or discrimination because
of race, creed, color, sex, age, national origin, political or religious affiliation, marital status, sexual orientation, or physical or mental disability. 6.1 General Provision Regarding
Americans With Disabilities Act (ADA) A. Because the ADA requires accommodations for individuals protected under the Act, 1.E.A. recognizes the Town's obligation to comply with all provisions
of the ADA on a case by case basis. B. T.E.A. 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. 1.E.A. will be notified of these proposed accommodations prior to implementation by the Town. C. Any accommodation provided to an individual, protected by the
ADA shall not establish a past practice. 7. EMPLOYMENT a. Step Placement for New Hires T.E.A. recognizes the sole right of the Town to determine the salary and wage rate for new hires.
. b. Probationary Period The probationary period shall be twelve (12) months for all newly hired employees and those receiving promotions. Probationary employees will be evaluated quarterly.
Promoted employees can be considered for satisfactory completion of the probationary period after the six month evaluation. Promoted probationary employees, shall have all rights under
this agreement, full and complete access to the grievance procedure, including instances of suspension, demotion and termination. Any permanent employee not satisfactorily completing
the probationary period following a promotion will be reinstated to their previous classification in accordance with the Town Personnel Rules. c. Performance Evaluations N:\MGR\AdminWorkFiles\cnclrpt
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In accordance with the Personnel Rules, it is intended that performance evaluations take place at least annually but no later than 15 days prior to the anniversary date of the employee's
date of hire or the date the employee entered their classification. If an employee's merit increase is withheld, subsequent evaluations will return to the original anniversary date.
Employee evaluation forms shall include a section 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. If an employee does not receive an evaluation on the
date it is due and the supervisor subsequently finds that the employee would have been entitled to a merit increase as of the anniversary date, the merit increase will become effective
as of the first day of the pay period in which the anniversary date occurs. The Town will make every attempt to see that the performance evaluations are completed in a timely manner.
d. Promotions The Town and T.E.A agree that it is in the best interest of both the Town and its employees to foster promotion of incumbent employees. The Town will consider the qualifications
of incumbent personnel prior to determining whether an open or promotional examination shall be used to fill a vacancy in T.E.A-represented classifications. Employees desiring promotion
or interest card on file with the Town classification shall keep an Department. The Town and T.E.A recognize
the Town's sole right to determine the method for the selection of Town employees through either an open or promotional examination process. If a determination is made by the Town that
a promotional examination will be used to fill a vacant position, any qualified employees who participate in the examination process shall be allowed time off from regularly scheduled
work in order to participate in the examination process if the examination process is scheduled during the N:\MGR\AdminWorkFiles\cnclrpts\Tea Final MOU 2004-2006 (Nov 5).doc 11/11/2004
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employee's normal work period. There shall be no overtime paid for participation in the examination process. All Town job announcements shall be posted on Town bulletin boards and circulated
to the T. E.A. President prior to public advertisement. e. Work DaylWeek The normal work day is defined as no more than eight (8), nine (9), ten (10), or eleven (11) consecutive hours
of work time, with a single lunch break. A normal work day shall be followed by a minimum of ten (10) hours off. The work week is defined as forty (40) hours of work during any consecutive
seven (7) day period. A minimum of one (1) forty-eight (48) hour period without scheduled work shall be provided to each employee during any consecutive seven (7) day period with the
exception that employees employed in the Town Library shall not be scheduled less than two (2) consecutive days off within a seven (7) day period more than thirteen (13) times in a calendar
year. Flex-time work schedules consistent with the definitions of normal work day and and normal work week may be assigned by the Town at its sole discretion. The Town shall provide
no less than seventy-two (72) hours notice to affected employees regarding a change in regular work schedules. Employees who work in the Library shall be provided no less than fourteen
(14) calendar days notice regarding a change in regular work schedules. Flex-days shall be identified and approved by the Department Head and Town Manager as part of the approval of
a flex-time work schedule as well as the designation of the forty-eight (48) hour period without scheduled work. Employees may also make requests for temporary changes to their normal
work schedule. In those cases, the employee's schedule may change with the approval of the employee's department head (e.g. an earlier start and end of shift or a change in the number
of hours per day), so long as that change does not result in overtime liability to the Town. The Town has the discretionary right to alter work schedules without notice during emergency
situations. N:\MGR\AdminWorkFiles\cnclrpts\Tea Final MOU 2004-2006 (Nov 5).doc 11/11/2004 Page 7
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p cise Classification the salary ran .t .. received immediately prior to displacement,providin e is no increase salary. If the salary range step in the. lower job classification
is Step 5 '. lower, future salary step adjustment. opportunities shall be made' ill accordance with the' Town's Personnel' Rules. Time served in. the JOD, N:\MGR\AdminWorkFiles\cnclrpts\Tea
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g. Outside Employment The Town and T.E.A agree that outside employment of full time T.E.Arepresented employees shall be governed by California Government Code Sections 1125 -1128 and
that the Town shall develop and apply regulations to assure compliance. Outside employment shall be reviewed and approved by the Department Head and Town Manager on an annual basis.
h. Reclassification ht of the Town to reclassify positions. 8. SALARY AND OTHER COMPENSATION a. Town Compensation Policies Town and T.E.A agree that this Agreement has been negotiated
consistent with Town compensation policies through the term of this agreement. The specific policies are: N:\MGR\AdminWorkFiles\cnclrpts\Tea Final MOU 2004-2006 (Nov 5).doc 11/11/2004
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(1) Total compensation to be utilized in the analysis of all Town compensation. (2) Marketplace consideration in establishing compensation. (3) Average or above-average total compensation
for all Town classifications. (4) No reduction in individual employee total compensation levels. (5) Final determination on changes in compensation based on Town's ability to pay. b.
Compensation Annp.rH"lDc B shall be c. Overtime With the approval of the Town Manager, and when necessary to perform essential work, a department head may require an employee
to work at any time other than during regularworking hours until such work is completed. Overtime is scheduled solely at the discretion of the Town. An employee directed by his/her department
administrator or the Town Manager to work
in excess of forty (40) hours in a designated work week, shall be compensated at the rate of one and one-half times the employee's regular hourly rate. Hours charged to available paid
leave, shall be counted as time worked for computation of overtime payments. Compensatory time can not be used in the pay-period inwhich it is earned. Effective June 25, 2000, compensatory
time off shall not be regarded as hours worked for the purposes of overtime calculation. The Department Head or Town Manager may permit an employee to take compensatory time in lieu
of paid overtime. With Department Head approval, employees shall be permitted to accumulate compensatory time only to a maximum of sixty (60) hours. When the maximum level of compensatory
time is reached, overtime shall be paid. The maximum accumulated compensatory time for Communication Dispatchers only shall be 100 hours with the condition that no more than 50 working
hours maximum time off will be allowed in conjunction with any other leave. Annual review of the impact ofthose changes will occur to determine if there is any adverse impact on scheduling.
The Town will attempt to avoid scheduling overtime that conflicts with an employee's personal plans unless it cannot be avoided. N:\MGR\AdminWorkFiles\cnclrpts\Tea Final MOU 2004-2006
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d. Call Back A minimum of three (3) hours payor its equivalent in compensatory time off, at the rate of time and one-half, shall be guaranteed for every employee, who, after leaving
his/her place of duty, is required to return to duty without advance notice of at least fourteen (14) calendar days. There will be a three (3) hour minimum at the call back overtime
rate for Town commission/council meetings which begin (2) two hours or more than either the start of orend of the employee's regularly scheduled shift. At the employee's option but with
Department Head's approval, employees may flex their schedule at the straight-time rate in-lieu of the call back provision of this paragraph. e. Deferred Compensation A Town program
of deferred compensation shall be available to TE.A. represented employees. The Town makes no representation on the merit of the plan nor any of the investment products or instruments
which may be offered bythe plan. The responsibility for evaluating the investment 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. f. Out-of-Classification Pay The Town and TE.A. agree that it is the intent of Town management, whenever possible, to avoid working
an employee out of classification for a prolonged period of time. Compensation for out-of-classification work shall be an additional 5% of the regular pay of the employee's permanent
classification or the first step of the higher classification, whichever is greater. Employees appointed to work out-of-c1ass will receive out-of-c1assification pay beginning the first
day of the out-of-c1assification assignment.· Performance of duties as a vacation relief does not automatically qualify as out-of-classification. For purposes of this section, an out-of-c1assificatio
n assignment is defined as the full time performance of the essential functions of an authorized, funded, permanent position in another classification by a qualified employee. "Essential
functions" shall be as defined in the Essential Functions section of the appropriate job specification. Any employee who believes they are working out-of-c1ass may request a review of
their classification. Training programs mutually agreed to by the Town and TE.A. which are designed to enhance and/or provide career development opportunities shall not be subject to
this provision. N:\MGR\AdminWorkFiles\cnclrpts\Tea Final MOU 2004-2006 (Nov 5).doc 11/11/2004 Page 14
g. Bilingual Incentive Pay Employees filling classifications specifically requiring bilingual ability and passing the Town's certified examination shall be' compensated at 2.5% above
the normal compensation range for the regular classification. h. Uniform Allowance (1) An initial uniform consisting of all items on the Town-approved list shall be supplied by the Town
to new Park Services Officer and Towndesignated Community Services Officer and Parking Control Officer employees; thereafter the Town -shall provide incumbent Park , Services Officer
employees with a uniform allowance of $500 per year and designated Community Service Officer and Parking Control Officer employees with a uniform allowance of $400 per year to be paid
in the payroll check during January of each year. The uniform allowance will be prorated for new employees, except that new employees shall receive a minimum of one-half (1/2) of the
year's uniform allowance if hired after July 1. (2) T.E.A. recognizes the Town's right to specify uniform and, demand that employees be in proper uniform at all times. C (3) In the event
that an employee who does not receive a uniform allowance damages his/her clothing in the performance of his/her duties, the employee may submit a claim for reimbursement to his/her
Department-Head for the repair/replacement of damaged articles to the Town. i. Exceptional Performance Bonus j. Holiday Compensation (1) Employees will receive eight (8) hours of regular
pay when scheduled to have the holiday off (eight [8] hours total). If the employee's scheduled day off occurs on a recognized Town holiday, the N:\MGR\AdminWorkFiles\cnclrpts\Tea Final
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employee will receive eight (8) hours of holiday pay (e.g. eight hours in addition to all time worked or paid in the pay period). In lieu of receiving eight (8) hours of holiday pay,
an employee may elect to receive eight (8) hours of compensatory time. (2) Employees who are required to work on a holiday, recognized in the MOU, will be compensated as follows: (a)
Workday If the holiday occurs on a normally scheduled workday, the employee will receive eight (8) hours of holiday pay and time and one-half for the hours actually worked on the holiday
(twenty [20] hours total). (b) Day Off If the holiday occurs on a normally scheduled day off, the employee will receive eight (8) hours of holiday pay and eight (8) hours of straight
time plus time and one-half for the hours actually worked on the holiday (twenty-eight [28] hours total.) (c) Dispatchers Dispatchers will receive compensation in-lieu of holiday time
off equal to eighty-eight (88) hours to be distributed as fortyfour (44) hours of base pay in separate separate payroll checks distributed the last working week of November and May of
each year to be paid in the payroll check. (Permanent halftime positions will be prorated to twenty-two [22] hours.) (d) Park Services Officers Parks Services Officers hired after July
1, 2002, will receive compensation in -lieu of time off equal to eighty-eight (88) hours to be distributed as forty-four (44) hours of base pay in separate payroll checks to be distributed
the last working week of November and May of each year to be paid in the payroll check. (3) Notwithstanding. any other provision of this section, employees who have voluntarily requested
and received approval to work a flex-time work schedule shall: (a) Receive eight (8) hours of regular pay when a holiday occurs on the agreed upon regularly scheduled work day that they
do not work (eight [8] hours total). Employees may use accrued vacation time, personal leave, or take unpaid leave to make up the difference between the provided eight (8) hours of holiday
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pay and the actual number of regularly scheduled working hours for that day; (b) Not receive holiday pay when the employee's regularly scheduled day off occurs on a recognized Town holiday.
(k) Testimony for Town Matters Compensation for an employee subpoenaed to provideJestimony for Town related matters and participation in any legal matter required as a result of working
for the Town will be reviewed on a case by case basis. 9. PAYROLL/PAYCHECKS a. Payroll Periods The Town and T.E.A. agree that a biweekly payroll period shall be utilized subject to the
following conditions: (1) Employee pay shall not be withheld more than seven (7) calendar days following the end of the payroll period; however, 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. (2) All All Town employees shall be compensated on a biweekly basis. b. Paychecks (1) The Town shall
provide an optional electronic check deposit system for use by employees. (2) Every effort will be made to make paychecks available to employees as soon as checks are signed and ready
for distribution. N:\MGR\AdminWorkFiles\cnclrpts\Tea Final MOU 2004-2006 (Nov 5).doc 11/11/2004 Page 17
10. HOLIDAYS The following shall be observed as eight (8) hour holidays for members of the unit: January 1st (New Year's Day) The 3rd Monday in January (Martin Luther King's Birthday)
The 3rd Monday in February (President's Day) The last Monday in May (Memorial Day) July 4th (Independence Day) The first Monday in September (Labor Day) Thanksgiving Day The Friday following
Thanksgiving Day December 25th (Christmas Day) Four (4) hours each on December 24 and 31 Every day declared a holiday by the President or Governor, subject to the Mayor also proclaiming
the day as a holiday. 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. 11. INSURANCE
PROGRAMS a. Life Insurance Town to pay premiums on minimum coverage o,f $50,000 and $50,000 Accidental Death benefit. Additional life insurance may be purchased by the employee. b. Disability
Insurance The Town will provide a Short Term Disability policy effective the 8th calendar day; coverage of 60% of weekly earning up to maximum of $1300/week for 12 weeks. Long Term Disability
benefits begin on the 91st day of disability; coverage of 60% of monthly earnings up to a maximum of $6000/month. c. Workers' Compensation The Town and T.E.A. agree that employees who
sustain illness or injury arising out of and in the course of their Town employment shall receive benefits equal to those mandated by the State of California plus the difference between
State mandated benefits and the equivalent of 100% of the individual's regular salary, if any, paid by the Town for the thirty (30) calendar days of absence. Town shall deduct
leave balances from the employee's accrued sick leave, accumulated overtime, vacation leave, and annual leave (in that order) for all Town paid compensation. ' N:\MGR\AdminWorkFiles\cnclrpts\Tea
Final MOU 2004-2006 (Nov 5).doc 11/11/2004 Page 18
An employee may at his/her discretion advise the Town that he/she does not wish to be compensated at a level above the State-mandated benefits. In such case, the Town would provide no
further compensation and there would be no charge to leave balances. An employee without leave balances shall only be paid State mandated benefits. Effective the 31st day of disability,
the employee may elect to supplement the State mandated benefits with the Town's Short Term/Long Term Disability Insurance. STD benefits will be reduced by the amount of periodic payments
the employee is entitled to through Worker's Compensation. d. Liability Insurance The Town shall continue to maintain a public officials liability insurance policy covering all Town
employees in the execution of their official duties. e. Employee Assistance Program Premium shall be paid by the Town. f. Unemployment Insurance The Town will provide State mandated
benefits through a reimbursement program. g. Vision Plan Effective August 1,2000, employees shall be be enrolled in the Town's visioncare health plan (VSP Plan B, with $20 co-pay). The
Town shall pay for employee-only coverage. At their own cost, employees may enroll eligible dependents upon hire, during open enrollment and/or when a qualifying event occurs. 12. CASH
ALLOCATION PLAN N:\MGR\AdminWorkFiles\cnclrpts\Tea Final MOU 2004-2006 (Nov 5).doc 11/11/2004 Page 19
Benefits that can be purchased through the cash allocation plan include medical, dental and vision insurance. These benefits are available on a pre-tax basis. If the premium cost of
the health plan exceeds the Town contribution, the employee shall pay through payroll deduction the difference between the monthly premium and the amount contributed by the Town. With
the exception of dental insurance, there will be an annual open-enrollment period. Employees may choose to receive part or all of their cash allocation in cash. Any amount received as
cash is taxable. Employees electing to receive cash have the option of receiving two (2) equal payments in December and June each year, or of receiving payment in the first two paychecks
of each month (twenty-four [24] times a year). Pre-tax benefits available in the program are medical, vision, and dental insurance. Medical benefits are available through the Public
Employees' Retirement Health Benefits Program. Dental insurance is available through Delta Dental Plan. Plan. Vision insurance is available through VSP. 13. FAMILY MEDICAL INSURANCE
PLAN In lieu of the cash allocation provided in Section 12, employees may elect to receive froni the Town a contribution toward the monthly medical insurance premiums equal to the cost
of family coverage for Kaiser Medical Insurance Program provided through the California Public Employees' Retirement System Health Benefit Medical Program. If the premium cost of the
health plan exceeds the Town contribution, the employee shall pay through payroll deduction the difference between the monthly premium and the amount contributed by the Town. The employee
shall forfeit any balance should the Town's contribution exceed the cost of the premium. Employees choosing this option in lieu of the cash allocation provided in Section 12, will also
be provided up to $65 per month toward the cost of dental coverage. If the premium cost of the dental plan exceeds the Town contribution, the employee shall pay through payroll deduction
the difference between the monthly premium and the amount contributed by the Town. The employee shall forfeit any balance should the Town's contribution exceed the cost of the premium.
Employees choosing this option shall not receive the cash allocation provided in Section 12. Pre-tax benefits available in the program are medical, vision, and dental insurance. Medical
benefits are available through the Public Employee's Retirement Health Benefits Program. Dental insurance is available through Delta Dental Plan. Vision insurance is available through
VSP. N:\MGR\AdminWorkFiles\cnclrpts\Tea Final MOU 2004-2006 (Nov 5).doc 11/11/2004 Page 20
14. PUBLIC EMPLOYEES' RETIREMENT SYSTEM (P.E.R.S.l a. 2% at 55 Effective 12-16-92, the Town's contract with the Public Employees' Retirement System (PERS) includes the 2% at 55 retirement
formula for eligible Miscellaneous Town employees (regular employees). b. EPMC Conversion Effective June 25, 2000, the Town ceased its participation in the Public Employees' Retirement
System "Employer Paid Member Contribution" (EPMC) provision. Concurrently, the Town paying in salary to the employees covered by this MOU the equivalent dollar amount of the former EPMC
(7% of salary). Employees shall be responsible for making their own PERS member contributions. a Resolution materially the same as that recommended by the Public Employees' Retirement
System to implement the provisions of414 (h) (2) of the Internal Revenue Code (IRC). The TEA accepts the terms of this Resolution and acknowledges that this Resolution will apply to
all current and future members of the TEA. 15. BENEFITS ACCRUAL/PAYMENT There shall be no accrual accrual or payment of benefits during unauthorized leave, suspension without pay, or
leave without pay except as mandated by the Family and Medical Leave Act. 16. VACATION AND LEAVES a. Vacation and Annual Leave Scheduling All vacation and annual leave scheduling is
subject to the approval of the Town. Employees are required to request time off in advance. The earlier requests are submitted, the greater likelihood the request will be honored. Every
attempt will be made by the Town to honor pre-approved vacations. If a pre-approved vacation is canceled due to the scheduling needs of the Town, the Town will reimburse the employee
for verified deposits for nonreimbursable reservations. All verifications must be submitted prior to the . vacation formally being canceled. N:\MGR\AdminWorkFiles\cnclrpts\Tea Final
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b. Vacation Accrual All employees hired by the Town and represented byT.E.A during the term of this agreement shall accrue vacation hours as follows: oto 36 months -10 days per year
(3.08 hours per pay period) 37 to 60 months -16 days per year (4.92 hours per pay period) 61 to 120 months -21 days per year (6.46 hours per pay period) 121 to 180 months -23 days per
year (7.08 hours per pay period) 181 months & over -25 days per year (7.70 hours per pay period) Maximum accrual shall be 310 hours. If an employee has reached the maximum accrual level,
no more vacation will be accrued until the accrual level is reduced below the maximum amount. All represented employees will be eligible to cash-out eighty (80) hours of vacation accruals
twice each year in May and November. Income from the cash outs will be included in the first payroll check of June and December. Employees, at their option, may deposit vacation cash-out
money into deferred compensation to the extent allowed by applicable law. Employees, at their option, may convert accrued vacation leave (not annual leave) to sick leave on an hour for
hour basis once per fiscal year. Employees must request this conversion in writing to the Finance Department which will have thirty (30) business days to make the requested change. .
c. Sick Leave Sick leave shall accumulate at the rate of eight (8) hours per month (3.70 hours per pay period); to a maximum of one-thousand (1000) hours. The· Town may require Association
represented employees to provide a doctor's statement as proof of illness for any use of sick leave beyond one (1) working day. d. Sick Leave Cash-Out Program Employees who terminate
employment with the Town, or once a year in December, may cash-out their accumulated sick leave as follows: 1 -59 months at 25% 60 -119 months at 37.5% 120 months or more at 50% In orderto
be eligible for the sick leave cash-out program, an employee must have a sick leave accrual balance of at least 150 hours after the annual cash-out. Employees working less than full-time
shall have the 150 hour balance pro-rated, based on hours worked. Employees who terminate with a sick leave balance of at least 150 hours may cash-out their entire balance pursuant to
the schedule above. N:\MGR\AdminWorkFiles\cnclrpts\Tea Final MOU 2004-2006 (Nov 5).doc 11/11/2004 Page 22
All employees who retire 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 medical payment will be withheld from their monthly retirement payment by P.E.R.S.. 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 prorated to the nearest quarter. The retiree's portion of medical payments
will be paid from this account by the Town until all monies are depleted from the account or the retiree dies, whichever occurs first. ' This account will not accrue interest and will
not be paid in cash to the retiree or any beneficiaries. The retiree shall be responsible for 100% of their share of future medical insurance payments once the account is eXhausted.
The Town has elected to participate under the Public Employees' Medical and Hospital Care Act, and pursuant to that Act, the Town's contribution for each retired employee or survivor
shall be increased annually as specified in Resolution No. 1991-194 (attached as Appendix D). e. Annual Leave Annual leave was created as a combination of sick leave and vacation benefits.
A balance of forty (40) hours must be maintained to be used for sick leave. Except in the case of sickness, annual leave requires preapproval of the Town. The annual leave program is
no longer an option for Town employees hired after August 5, 1991. The following schedule shall apply to all employees accruing annual leave hours: (1) Accumulation per the following
schedule: oto 36 months 37 to 60 months 61 to 180 months 181+ months -18 days per year (5.54 hours per pay period) -24 days per year (7.38 hours per pay period) -29 days per year (8.92
hours per pay period) -33 days per year (10.16 hours per pay period) (2) All represented employees will be eligible to cash out 40 hours of annual leave accruals each year in May and
November. Money will be included in the first payroll of June and December. (3) Maximum accrual shall be 31'0 hours. f. Personal Leave Twenty-four (24) hours will be available per calendar
year. Personal leave may not be accumulated from year-to-year nor is it subject to cash-out at any time. N:\MGR\AdminWorkFiles\cnclrpts\Tea Final MOU 2004-2006 (Nov 5).doc 11/11/2004
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g. Medical/Maternity/Family 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 also recognizes State Government Code 12945.2 and Federal Government Code 29 family medical leave. The Town may, at its discretion, approve
leave beyond the specific amount provided by the State law. h. Bereavement Leave A maximum of five (5) days is available for death of each member of the immediate family. Immediate family
is defined as parent, spouse, child, dependent, sibling, and grandparent by blood or marriage. i. Disaster Leave Leave will be available for employees for disasters declared by Federal,
State, County, or Town officials if those disasters affect all or a portion of the area within twenty (20) miles of Town Hall. Leave is subject to scheduling by the Town. Employees shall
be allowed to charge time off to accumulated overtime, vacation hours, sick leave hours or annual leave hours (in that order). j. Military Leave Military leave and benefits shall be
granted. in accordance with State and Federal law, including the continuation of employee salary and benefits. k. JUry Duty Employee salary and benefits are to be continued during periods
of Courtassigned jury duty. If an employee receives compensation from the Courts, the employee shall return to the Town all compensation received for jury duty, except mileage. or travel
related compensation. I. Leave Without Pay Leave without pay shall be subject to approval of the Town Manager upon recommendation of the appropriate department head. An employee who
is on leave without pay shall not earn any employment benefits (including, but not limited to such benefits as vacation leaves, annual leaves, medical benefits, sick leaves, retirement
credits for time employed or seniority entitlement of any kind) for the duration of such leave. An employee who is on leave without pay will have the ability to continue medical, dental
and vision coverage at their own expense in accordance with the Town's administrative policy on benefit retention. N:\MGR\AdminWorkFiles\cnclrpts\Tea Final MOU 2004-2006 (Nov 5).doc
11/11/2004 Page 24
Vacation, sick leave, annual leave, or time worked shall not be used, intermittently during an leave to interrupt a determination that an employee is on leave with no
pay. In accordance with State Government Code 12945 and 12945.2 and Federal GovernmentCode 29, Section 26.01, 26.54, no employee on maternity or family leave will be disadvantaged with
respect to seniority entitlement. m. Leave Balances Vacation, annual leave, and accumulated overtime will be paid off upon resignation, retirement, or dismissal at 100% value effective
the last full work-day with the Town. This will terminate the employee's status as an employee of the Town. Sick leave shall be cashed out as per Section 16.d. In the event of an employee's
death, these vacation, annual leave, and accumulated overtime leave balances shall be paid to the employee's estate. n. Catastrophic Time Bank If an employee, or an employee's spouse,
significant other, or child becomes catastrophically ill or injured, the em 10 ee may request that a catastrophic time bank be establishe The request shall be in writing and shall be
directed to the Town Manager. The bank will enable other employees to donate accrued CTO, vacation, annual leave, or sick leave to the requesting employee. All donations must be made
in writing on a form prescribed by the Town and shall be limited to no more than four (4) hours per donation, in one (1) hour increments. Donations to an established catastrophic time
bank are final and shall not be returned to the donor. 17. GRIEVANCE PROCEDURE Grievances shall be defined as alleged violations of this agreement or disputes regarding interpretations,
application, or enforcement of this agreement. No act or activity which may be grievable may be considered for resolution unless a grievance is filed in accordance with the procedure
contained herein within thirty (30) calendar days of the date the grievable activity occurred or the date the employee could reasonably have known such activity occurred. N:\MGR\AdminWorkFiles\cnclrp
ts\Tea Final MOU 2004-2006 (Nov 5).doc 11/11/2004 Page 25
The parties agree that all grievances will be processed in accordance with the following procedure: Step 1 Any employee who has a grievance shall first try to get it settled informally
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 the
employee is not satisfied with the informal resolution, then a formal grievance must be filed within thirty (30) calendar days of the date the grievable activity occurred or the date
the employee could reasonably have known such activity occurred. Step 2 If, after such discussion the employee does not believe the grievance has been satisfactorily resolved, he/she
may file a formal appeal in writing to his/her department head within ten (10) calendar days after receiving the informal decision of his/her immediate supervisor. The department head
receiving the formal appeal shall enter his/her written decision within ten (10) calendar days after receiving the appeal. Step 3 If, after receipt of the written decision of the department
head the employee is still dissatisfied, he/she may appeal the decision of the department head to the Town Manager. Such appeal shall be made by filing a written appeal to the Town Manager
within fourteen (14) calendar days after receipt of the written decision of the department head. The Town Manager shall review the decision of the department head, and his/her decision
within thirty (30) calendar days after the appeal is made. Step 4 If, after receipt of the written decision of the Town Manager the employee is still dissatisfied, he/she may appeal
the decision of the Town Managerto the Personnel Board. Such appeal shall be made by filing a written appeal to the Chair of the Personnel Board within fourteen (14) calendar days after
receipt of the written decision of the Town Manager. The Personnel Board shall establish a hearing date within thirty (30) calendar days of receipt of the written appeal. The Personnel
Board shall conduct a closed hearing giving opportunity for presentation by the employee or his/her representative and the Town Manager. The Personnel Board shall render a written decision
within thirty (30) calendar days after the appeal is made. If, after receipt of the written decision of the Personnel Board, the employee is still dissatisfied, he/she 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 N:\MGR\AdminWorkFiles\cnclrpts\Tea
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closed hearing with The Town Council within
thirty (30) calendar days after receipt of the appeal. At this hearing, the employee and the Town Manager may make' presentations. The Town Couricil decision shall be final. The Town
Council shall render a decision within thirty (30) calendar 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 written mutual agreement of the parties. If either
party to the grievance so requests, an informal hearing shall be conducted at the department head or Town Manager appeal levels. Employees may be represented by counselor other person
at any stage in the grievance process. If the employee does not receive a response from the supervisor or department head within the time limits specified in steps 1 and 2 above, the
grievance will proceed for review to the next level in the grievance procedure. 18. MISCELLANEOUS ISSUES a. Personnel Rules It is the Town's intent to make copies of the Personnel Rules
readily available. In this regard a copy of the Rules will be kept on file with each Department Head, in employee lounges, in the Manager's Office, the Clerk's Office and the Library
Reference Section. These copies will be updated period ically. b. Personnel Manual The Town shall include appropriate sections of this agreement in an Employee Personnel Manual. c. Mileage
Reimbursement Employees using personal vehicles on official Town business shall be reimbursed at the mileage rate established by the I.R.S. Private vehicles used for Town business shall
comply with all applicable California Vehicle Code Sections commencing with Section 16430 through 16484 pertaining to "Insurance or Proof of Ability to Respond to Damages." d. Vehicle
Acquisition T.E.A. recognizes the Town's sole right to determine the specifications of all Town vehicles. The Town will seek employees input when considering vehicle acquisition. N:\MGR\AdminWorkFile
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l e. Discipline The Town Manager and Town Attorney will develop Personnel Procedures including actions subject to discipline and will solicit comments from T.E.A. f. Library Card T.E.A.
represented employees not living in Town may receive a non-resident library card at no cost. g. Benefit Application 19. TRAINING PAY Communication Dispatchers assigned to train and evaluate
newly hired Communication Dispatchers will receive a premium pay of 5% for the actual hours worked while providing authorized training. . 20. TOWN VEHICLES Town vehicles are not to be
taken home. (The contract continues on the next page) N:\MGR\AdminWorkFiles\cnclrpts\Tea Final MOU 2004-2006 (Nov 5).doc 11/11/2004 Page 28
21. COMPLETE AGREEMENT The parties acknowledge that during the negotiations that resulted in this MOU, each had the unlimited right and opportunity to make proposals with regard to the
terms and conditions of employment, and that the understandings and agreements contained in this MOU were arrived at after that full opportunity. This MOU may only be amended during
its term by the parties' mutual agreement in writing unless compelled by State or Federal law. This MOU is intended to encompass all matters subject to meeting and conferring between
the Town and the Association, and it supersedes and replaces any and all past practices, whether directly referred to or otherwise addressed in any way in this MOU. FOR THE TOWN OF LOS
GATOS: DEBRA FIGONE Town Manager PAMELA JACOBS Assistant Town Manager REGINA FALKNER Community Services Director ELLEN ALDRIDGE Avery & Associates FOR TOWN EMPLOYEES ASSOCIATION: DEBRA
CALDWELL Community Services Officer T.E.A. President MARILYN COSDEN Administrative Secretary STEPHANIE STEPHANIE GUTOWSKI Project Coordinator JUDY COUGHLIN Library Assistant DENISE BELL
Employee Representation Services, Inc.
APPENDIX A Scope of Representation and Salary Range Job Title Account Clerk Account Technician Administrative Secretary Administrative Specialist Assistant Civil Engineer/Assistant Engineer
Assistant Plan Check Engineer Assistant Planner Associate Civil Engineer Associate Librarian Associate Planner Building Inspector Circulation Supervisor Code Compliance Officer Communications
Dispatcher Community Service Officer Community Services Program Analyst Community Services Program Coordinator Counter Technician Crime Analyst Engineering Inspector Engineering Technician
Finance Project Coordinator Housing Coordinator Junior Civil Engineer Librarian Library Assistant Library Clerk MIS Specialist Park Services Officer Parking Control Officer Plan Check
Engineer Plan Check Technician Planner Planning Technician Police Records Specialist Principal Librarian Project Coordinator Public Works Specialist Secretary Secretary II Secretary
III Senior Account Clerk Senior Account Technician Senior Building Inspector Senior Coordinator Senior Engineering Inspector Senior Engineering Technician Volunteer Coordinator Range
2138 2322 2276 2322 2636 2636 2511 2777 2373 2728 2636 2416 2391 2453 2391 2511 2391 2352 2523 2514 2416 2636 2587 2560 2475 2203 2138 2276 2391 2138 2777 2465 2587 2391 2251 2523 2587
2276 2138 2179 2227 2251 2465 2777 2524 2660 2550 2291
APPENDIX B-1 TOWN OF LOS GATOS HOURLY SALARY SCHEDULE (Effective October 24, 2004) Town Employees Association RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 2138 $19.55 $20.52 $21.55
$22.63 $23.76 $25.52 2179 $20.36 $21.38 $22.45 $23.57 $24.75 $26.57 2203 $20.86 $21.90 $23.00 $24.14 $25.35 $27.20 2227 $21.36 $22.43 $23.55 $24.73 $25.97 $27.84 2251 $21.88 $22.98 $24.13
$25.33 $26.60 $28.50 2276 $22.44 $23.56 $24.74 $25.97 $27.27 $29.21 2291 $22.77 $23.91 $25.11 $26.36 $27.68 $29.64 2322 $23.49 $24.67 $25.90 $27.19 $28.55 $30.56 2352 $24.21 $25.42 $26.69
$28.02 $29.42 $31.47 2373 $24.72 $25.96 $27.25 $28.62 $30.05 $32.13 2391 $25.17 $26.43 $27.75 $29.14 $30.59 $32.70 2398 $25.35 $26.61 $27.94 $29.34 $30.81 $32.93 2416 $25.81 $27.10 $28.45
$29.87 $31.37 $33.51 2453 $26.78 $28.12 $29.52 $31.00 $32.55 $34.75 2465 $27.10 $28.46 $29.88 $31.37 $32.94 $35.17 2475 $27.37 $28.74 $30.18 $31.69 $33.27 $35.51 2511 $28.38 $29.79 $31.28
$32.85 $34.49 $36.79 2514 $28.46 $29.88 $31.38 $32.95 $34.59 $36.90 2523 $28.72 $30.15 30.15 $31.66 $33.25 $34.91 $37.23 2524 $28.75 $30.18 $31.69 $33.28 $34.94 $37.27 2550 $29.50 $30.98
$32.53 $34.15 $35;86 $38.23 2560 $29.80 $31.29 $32.85 $34.50 $36.22 $38.61 2587 $30.62 $32.15 $33.75 $35.44 $37.21 $39.65 2636 $32.15 $33.76 $35.45 $37.22 $39.08 $41.61 2660 $32.93 $34.58
$36.31 $38.12 $40.03 $42.61 2728 $35.25 $37.01 $38.86 $40.81 $42.85 $45.56 2777 $37.02 $38.87 $40.81 $42.85 $45.00 $47.82 Incentive pay (e.g. bilingual pay) is equal to 2.5% above the
regular compensation. Reflects 3% increase
APPENDIX B-2 TOWN OF LOS GATOS HOURLY SALARY SCHEDULE (Effective June 19,2005) Town Employees Association RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 2138 $19.93 $20.93 $21.97 $23.07
$24.23 $26.01 2179 $20.76 $21.80 $22.89 $24.04 $25.24 $27.08 2203 $21.27 $22.33 $23.45 $24.62 $25.85 $27.72 2227 $21.78 $22.87 $24.02 $25.22 $26.48 $28.38 2251 $22.31 $23.43 $24.60 $25.83
$27.12 $29.05 2276 $22.88 $24.02 $25.22 $26.48 $27.81 $29.78 2291 $23.22 $24.38 $25.60 $26.88 $28.23 $30.22 2322 $23.95 $25.15 $26.41 $27.73 $29.12 $31.15 2352 $24.68 $25.92 $27.21 $28.57
$30.00 $32.08 2373 $25.21 $26.47 $27.79 $29.18 $30.64 $32.75 2391 $25.66 $26.95 $28.30 $29.71 $31.20 $33.33 2398 $25.84 $27.14 $28.49 $29.92 $31.41 $33.56 2416 $26.31 $27.63 $29.01 $30.46
$31.98 $34.16 2453 $27.31 $28.67 $30.10 $31.61 $33.19 $35.43 2465 $27.63 $29.02 $30.47 $31.99 $33.59 $35.85 2475 $27.91 $29.31 $30.77 $32.31 $33.93 $36.20 2511 $28.93 $30.38 $31.90 $33.50
$35.17 $37.51 2514 $29.02 $30.47 $32.00 $33.60 $35.28 $37.62 2523 $29.28 $30.75 $32.29 $33.90 $35.59 $37.95 2524 $29.31 $30.78 $32.32 $33.93 $35.63 $37.99 2550 $30.09 $31.59 $33.17 $34.83
$36.57 $38.97 2560 $30.39 $31.91 $33.50 $35.18 $36.94 $39.36 2587 $31.22 $32.78 $34.42 $36.14 $37.95 $40.42 2636 $32.79 $34.42 $36.15 $37.95 $39.85 $42.42 2660 $33.58 $35.26 $37.02 $38.87
$40.82 $43.44 2728 $35.94 $37.74 $39.63 $41.61 $43.69 $46.45 2777 $37.75 $39.63 $41.62 $43.70 $45.88 $48.75 Incentive pay (e.g. bilingual pay) is equal to 2.5% above the regular compensation.
Reflects 2% increase
APPENDIX B-3 TOWN OF LOS GATOS HOURLY SALARY SCHEDULE (Effective July 30, 2006) Town Employees Association RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 2138 $20.12 $21.13 $22.19 $23.30
$24.46 $26.26 2179 $20.97 $22.01 $23.11 $24.27 $25.48 $27.34 2203 $21.47 $22.55 $23.68 $24.86 $26.10 $27.98 2227 $22.00 $23.10 $24.25 $25.46 $26.74 $28.65 2251 $22.53 $23.66 $24.84 $26.08
$27.39 $29.33 2276 $23.10 $24.26 $25.47 $26.74 $28.08 $30.06 2291 $23.45 $24.62 $25.85 $27.15 $28.50 $30.50 2322 $24.19 $25.40 $26.67 $28.00 $29.40 $31.45 2352 $24.92 $26.17 $27.48 $28.85
$30.29 $32.39 2373 $25.45 $26.72 $28.06 $29.46 $30.94 $33.06 2391 $25.91 $27.21 $28.57 $30.00 $31.50 $33.65 2398 $26.10 $27.40 $28.77 $30.21 $31.72 $33.88 2416 $26.57 $27.90 $29.29 $30.76
$32.30 $34.49 2453 $27.57 $28.95 $30.40 $31.92 $33.51 $35.77 2465 $27.90 $29.30 $30.76 $32.30 $33.92 $36.19 2475 $28.18 $29.59 $31.07 $32.63 $34.26 $36.55 2511 $29.22 $30.68 $32.21 $33.82
$35.51 $37.87 2514 $29.30 $30.77 $32.31 $33.92 $35.62 $37.98 2523 $29;57 $31.05 $32.60 $34.23 $35.94 $38.32 2524 $29.60 $31.08 $32.63 $34.26 $35.98 $38.35 2550 $30.38 $31.90 $33.49 $35.17
$36.92 $39.35 2560 $30.68 $32.22 $33.83 $35.52 $37.30 $39.74 2587 $31.52 $33.10 $34.75 $36.49 $38.32 $40.81 2636 $33.10 $34.76 $36.50 $38.32 $40.24 $42.83 2660 $33.91 $35.60 $37.38 $39.25
$41.22 $43.85 2728 $36.29 $38.11 $40.01 $42.01 $44.11 $46.90 2777 $38.11 $40.02 $42.02 $44.12 $46.33 $49.22 Incentive pay (e.g. bilingual pay) is equal to 2.5% above the regular compensation.
Reflects 1% increase
APPENDIX C PAY AND CLASSIFICATION SYSTEM Consideration for advancement from step to step within a range shall occur at intervals of one (1) year in length effective on each anniversary
date. Each employee shall receive an annual performance evaluation. This evaluation will be the basis for step advancement. Such advancement to the next step shall only be authorized
if the supervisor and department manager finds that the employee is satisfactorily performing the duties of their position as reflected on the annual evaluation form. If the employee's
performance is not satisfactory as determined by the supervisor's annual evaluation, the department manager shall deny advancement to the next step. The department manager has the option,
at their discretion, based on a recommendation by the supervisor, to recognize improving performance by granting or denying a half-step increase in lieu of denying the advancement to
the next step for unsatisfactory performance. If the employee's performance is exceptional as determined by the annual evaluation ofthe supervisor on the performance evaluation form,
the department manager with the approval of the Town Manager has the discretion to grant a two step or one and one-half step increase. It is intended that this be used sparingly so that
it can be reserved to recognize the truly exceptional employee who is achieving journey level status in their classification (i.e. fully capable of performing all duties ofthe position)
and can perform at the same level as an employee with the years of experience required to achieve advancement to the new step if they had advanced one step each year.
j1i,-. RESOLUTION 1991-i94 . RESOLUTION ELECTING TO BE SUBJECT TO PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT ONLY WITH RESPECT TO . MEMBERS OF A SPECIFIC·EMPLOYEE ORGANIZATION
AND FIXING THE EMPLOYER'S CONTRIBUTION FOR EMPLOYEES AND THE EMPLOYER'S CONTRIBUTION FOR ANNUITANTS AT DIFFERENT AMOUNTS WHEREAS, Government Code Section 22850.3 provides that a contracting
agency may elect upon proper application to participate under the Public Employees' Medical and Hospital Care Act with respect to a recognized employee organization only; and . WHEREAS,
Government Code Section 22754 (g) defines any Special District as a contracting agency; and WHEREAS, Government Code Section 22857 provides that a contracting agency mayfix the amount
of the employer's contribution for employees and the emploYer's contribution for retired employMs and survivors at different amounts proVided that the monthly contribution for retired
employees and survivors shall be annually increased by an-amount not less than 5 percent-of the the monthly contribution for employees, until-such time as the amounts are equal; and
WHEf:lEAS, a Special District is hereby defined as a non-profit, self-governed public agency within the State of California, and comprised sorely of public employees performing a govemmel'ltal
rather than proprietary function; and WHEREAS, Town'of Los Gatos, hereinafter referred to as Special District is an entity meeting the above definition; and --WHEREAS, the Special District
desires to obtain for the members of elected officials, who are employees and annuitants of the Agency, the benefit of the Act and to accept the liabilities and obligations of an employer
under the Act and Regulations. NOW; THEREFORE, BE IT RESOLVED, that the Special District desires to obtain for elected officials, who are employees and annuitants of the agency, the
beriefit-of the Act and to accept the liabilities and obligations of an employer under·the Act and Regulations; and BE IT FURTHER RESOLVED, that the Special District elects, and it does
hereby elects, to be subject to the provisions of the Act; and BE IT FURTHER RESOLVED, that the employer's contribution for each employee shall be the amount necessary to pay the full
cost of his enrollment, inclUding the enrollment of his family members in a health benefits plan up to a maximum of the' Kaiser North premium rates (1, 2 and 3 party) per month; and
BE ITFURTHER RESOLVED, thattheemployer's contribution for each retired employee or survivor Shall be the amount necessary to pay the cost of his enrollment, including the enrollment
of his family members, in a health benefits plan up to a maximum of $1.00 per month; and . BE IT FURTHER RESOLVED, that the employer's contribution for each retired employee or survivor
shall be increased annually by 5% percent of the monthly contribution for employees, until such time as the contributions are equal, and that the contributions for active and retired
employees and survivors shall be .in addition to those amounts contributed by the Special District for administrative fees and to the Contingency Reserve Fund; and APPENDIXD
..' BE IT FURTHER RESOLVED, thatthe executive bodyappoint and direct, and does hereby appoint and direct, the Town Manager to file with the Board of Administration of the
PUblic Employees' Retirement System a verified copy of this Resolution, and to perform on behalf of said Special" District alllunctions required of it under the Act and Regulations of
the Board of Administration; and BE IT FURTHER RESOLVED, that coverage underthe Act be effective retroactive to August 1, 1991. . " PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Los Gatos, California, held on the 3rd day of September, 1991 by the following vote. COUNCIL MEMBERS: AYES: Randy Attaway, Joanne Benjamin. Steven Blanton, and
Eric D. Carlson ABSENT: Brent N; Ventura SIGNED: 1I11 VICE-MAYOR OFTHETOWN Ot= LOS GATOS LOS GATOS,CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GA"(91S' -..
.....--LOS GATOS. CALIFORNIA " ' MGR ORO-RES A:\RESOS\090391.Rl
f' A fldf: 61, 1Ji] Town of Los Gatos -TEA Side-letter of Agreement Alternative Work Schedule -4/10 (AMENDED 8/20/03) The Town and the TEA jointly agree to implement an alternative work
week schedule, a 4/10 schedule, in the Police Department under the following terms and conditions: 1. A 4/10 work schedule is mutually defined as an employee schedule of eight separate
work days for a total of 80 hours during a Town-designated fourteen-day pay period. During a designated fourteen-day pay period, the schedule includes working four 1O-hour days in one
week; and working four 1O-hour days in the other week. For payroll purposes, the work week will begin and end at midnight Saturday: 2. The Police Chief, with the approval of the Town
Manager, has the exclUsive authority to designate positions eligible to participate in the 4/10 work schedule. The decision of the Police Chief regarding designation of eligible positions
is final and is not subject to any grievance. procedure. . 3. The Police Chief and the Town Manager have the exclusive right to terminate the 4/1'0 work schedule forTEA represented employees,
individually and/or collectively. The Town is in no way required to meet and confer with the TEA prior to terminating the 4/10 work schedule and termination of the 4/10 schedule is not
subject to any grievance procedure. Participating employees will be provided written notification at'least 72 hours prior to termination of the 4/10 work schedule. 4. Employees who elect
to participate in the 4/10 work schedule must receive authorization from their supervisor priorto working any regularly scheduled day off. 5. An employee assigned to an alternate work
week may use accrued vacation time, accrued comp.time, or personal leave to make up the difference between the provided eight hours of holiday pay and the actual number of regularly
scheduled working hours on a designated holiday. For example, if a holiday falls on a day the employee is scheduled to work ten (10) hours, he/she shall receive eight (8) hours of holiday
pay and be required to use other leaves to make up the extra two (2) hours for that day. 6. Effective 8/20/03, if a holiday occurs on a day that an employee is not scheduled
to work, he/she shall receive eight (8) hours of floating holiday, which has no cash value. The floating holiday must be used by the end of the fiscal year in which it is granted or
it shall be forfeited. 7. An employee who elects to take a regularly scheduled 1O-hour day off, shall use 10 hours of accrued leave time as appropriate (e.g. vacation, compensatory-time-off
[CTO], sick leave, etc.). 8. There will be no change in the accrual schedule or maximum accrual level of any paid leaves. APPENDIXE
IJ4.J4(c , &Jchd J..f.J...J..-J TEA President Town of Los Gatos ,:"TEASide-letter of Agreement (Amended 8/11/03) Alternative Work Schedule -4/10 Page 2 9. Bereavement leave provided
pursuant to the Town of Los Gatos --T. E. A. memorandum of understanding permits up to five days (fqrty hours) of paid leave. EmplQyees on an alternate work week schedule, will cqntinue
to be provided forty (40) hours of bereavement leave. 10. A normal work day will include an unpaid meal breakof% hour. 1t. This side-letter of agreement shall apply to all TEA represented
employees in the Police Department who are eligible and·elect to participate in the 4/10 alternative work week schedule. 12. TEA represented employees are integral to the success of
the 4/10 work schedule . and understand·the ongoing need to provide outstanding customer Date
Town of Los Gatos -TEA Side-letter of Agreement 4/10 Alternative Work Schedule· peo's (Amended 8/20/03) The Town and the TEA jointly agree to implement an alternative work week schedule,
a 4/10 schedule for the Parking Control Officers (PCO), under the following terms and conditions: 1. A 4/10 work schedule is mutually defined as an employee schedule of eight separate
work days for a total of 80 hours during a Town-designated fourteen-day pay period. During'a designated fourteen-day pay period, the schedule includes working four 1a-hour days in one
week, and four 1a-hour days in the other week. For payroll purposes, the work week will begin and end at 12:00 midnight each Saturday. 2. The Police Chief, with the approval of the Town
Manager, has the exclusive .authority to designate pca positions eligible to participate in the 4/10 work schedule. The decision' ofthe Department Director regarding designation of eligible
positions is final and ·is not subject to any grievance procedure. 3. The Police Chief and the Town Manager have"the exclusive right to terminate the. 4/10 work schedule forTEA represented
employees, individually and/or collectively. . The Town is in no way required to meet and confer with the TEApriorto terminating. the 4/10 work schedule and termination of the 4/10 schedule
is not subject to any grievance procedure. Participating employees will be provided written notification at least 72 hours prior to termination of the 4/10 work schedule. 4. Employees
who elect to participate in the 4/10 work schedule must receive authorization from their supervisor prior to working any regularly scheduled day off. 5. An employee assigned to an alternate
work week may use accrued vacation time, accrued camp. time, or personal leave to make up the difference between the provided eight hours of holiday pay and the actual number of regularly
scheduled working hours on a designated holiday. For example, if a holiday falls. on a day the' employee is scheduled to work ten (1 0) hours, he/she shall receive eight (8) 8) hours
of holiday pay and be required to 'use other accrued leaves to make up the extra two (2) hours for that day. 6. Effective 8/20/03 if a holiday occurs on a day that an employee is not
scheduled to work, he/she shall receive eight (8) hours of floating holiday, which has no cash value. The floating holiday must be used by the end of the fiscal year in which it is granted
or it shall be forfeited. .. jI 7. An employee who elects to take a regularly scheduled 10-hour day off, shall use 10 hours of accrued leave time as appropriate (e.g. vacation, compensatory-time-off
(CTO], sick leave, etc.). .
f' Town of Los Gatos· ,TEA Side-letter of Agreement (Amended 8/20/03) 4/.10 Alternative Work Schedule -peo's Page 2 8. There will be no change in the accrual schedule or maximum accrual
level of any paid leaves. 9. Bereavement leave provided pursuant to the Town of Los Gatos --T. E. A. memorandum of understanding permits up to five days (forty hours) o(paid leave. Employees
on an alternate work week schedule, will continue to be provided forty· (40) hours of bereavement leave. 10. A normal work day will include an unpaid meal break of %hour.. 11. This side-letter
of agreement shall apply to all TEA represented employees who participate in the pea 4/10 alternative work week schedule. 12. TEA represented employees are integral to the success of
the 4/10 work schedule and understand the ongoing need to provide outstanding customer service. ,UJ Luw Cu..k,lLtucu .TEA President Date D=,Town Manager
1l Town of Los Gatos TEA Side-letter of Agreement 4/1'0 Alternative Work Schedule -peo's The Town and the TEA jointly agree to implement an alternative work week schedule, a 4/10
schedule for the Parking Control Officers (PCO), under the following terms and conditions: 1. A 4/1 a work schedule is mutually defined as an employee schedule of eight separate work
days for a total of 80 hours during a Town-designated fourteen-day pay period. During a designated fourteen-day pay,period, the schedule includes working four 10-hour days in one week,
and four 10-hour days in the other week. For payroll purposes, the work week will begin and end at 12:00 midnight each Saturday. 2. 'The Police Chief, with the approval of the Town Manager,
has the exclusive ,authority to designate pca positions eligible to participate in the 4/10 'Nork schedule. The decision ofthe Department Director regarding designation of eligible positions
is final and is not subject to any grievance procedure. ' 3. The Police Chief and the ToWn Manager have the exclusive right to terminate the 4/10 work schedule forTEA represented employees,
indiviclually and/or collectively. The Town is in no way required to meet and confer with the TEA priorto terminating the 4/10 work schedule and termination of the 4/1 a schedule is
not subject to any grievance procedure. Participating employees will be provided written notification at least 72 hours prior to termination of the 4/10 work schedule. , 4, Employees
who elect to participate in the 4/10 work schedule must receive authorization from their supervisor prior to working any regUlarly scheduled day off. 5. An employee assigned to an alternate
work week mayuse accrued vacation time" accrued compo time, or personal leave to make up the difference between the provided eight hours of holiday pay and 'the actual number of regularly
scheduled working hours on a designated 'holiday. For example, if a holiday falls on a day the employee is scheduleq to work ten (1 a) hours, he/she shall receive eight (8) hours of
of holiday pay and be reqUired to use other accrued leaves to make up the extra two (2) hours for that day. 6. An employee who elects to take a regularly scheduled 1a-hour day off, shall
use 10 hours of accrued leave time as appropriate (e.g. vacation, compensatory-time-off [CTO}, sick leave, etc.). 7. There will be no change in the accriJal schedule or maximum accrual
level of 'any paid leaves.
8. i, [" III \\I Town of Los Gatos· TEA Side·letter of Agreement 4/10 Alternative Work Schedule -peo's " Page 2Bereavement leave provided pursuant to the Town of Los Gatos --T. E. A.
memorandum of understanding permits up to five days (forty hours) of paid leave. Employees on an alternate work week schedule, will continue to be proVided forty (40) hours of bereavement
leave. 9. A normal work day will include an unpaid meal break of % hour. 10. This side-letter of agreement shall apply to all TEArepresented employees who participate in the peo 4/10
alternative work week schedule. 11. TEA represented employees are integral to the success of the 4/10 work schedule and understand the ongoing need to provide outstanding customer service.
\ AtoJ.c1t1-l.i.JJ-J TEA President Date Date' wn Manager
Town of Los Gatos -TEA Side-letter of Agreement , Alternative Work Schedule -9180 The Town and the TEA jointly agree to implement an alternative work week schedule, a 9/80 schedule,
under the following terms and conditions: . 1. A 9/80 work is mutually defined as 'an employee schedule of nine separate work days for a total of 80 hours during a Town-designated
fourteen-day pay period. During a designated fourteen-day pay period, the schedule includes working four 9-hour days and one 8-hour day in one week; and working four 9 hour-days in the
other week. For payroll purposes, the work week will begin and end between 11 :00 a.m. and at 1:00 p.m. on each Friday, depending on the assigned work hours.. 2. Each Department Director,
with the approval of the Town Manager, .has the exclusive authority to designate positions eligible to participate in the 9/80 work schedule. The decision of the Department Director
regarding .designation of eligible positions is final and is not subject to any grievance procedure. 3. Each Department Director and the Town Manager have the exclusive right to terminate
the 9/80 worK schedule for TEA represented employees, individually and/or collectively. The Town is in no way required to meet and confer with the TEA prior to terminating the 9/80 work
schedule and termination of the 9/80 schedule is not subject to any grievance procedure. Participating employees will be provided written notification at least 72.hours prior to termination
of the 9/80 work schedule. 4. Eligible employees may decline to participate in the 9/80 work schedule. 'j. l:1"i 5. When TEA represented employees are required to attend training
on their regularly. scheduled Friday off, their work schedule shall be changed for the 2-week pay period including the training, to a traditional 8 hour, five-day a week schedule. This
change will not require advance or written notice and will occur automatically 'when a TEA employee participates in training on a regularly scheduled Friday off. This proyision is is
intended to eliminate any extra overtime liability to the Town as a result of 9/80 work schedule. 6. Employees who elect to participate in the 9/80 work schedule must receive authorization
from their supervisor priorto working any regularly scheduled day off. II 7. An employee assigned to an alternate work week may use accrued vacation time, accrued compo time, or personal
leave to make up the difference between the provided eight hours of holiday pay and the actual number of regularly scheduled working hours on a designated holiday. For example, if a
holiday falls on a day the employee is scheduled
to work nine (9) hours, he/she shall receive eight (8) hours of holiday pay and be required to use other accrued leaves to make up the extra hour for that day. APPENDIXF
TEA President i1I 11j j.I! f Town of Los Gatos -TEA Side-letter of Agreement Alternative Work Scliedule -9/80 Page 2 8. If a holiday occurs on a day that an employee is not scheduled
to work, he/she shall receive eight (8) hours of floating holiday, which has no ca.sh value. The floating holiday must be used by the end of the fiscal year in which it is granted or
it shall be forfeited. 9. An employee who elects to take a regularly scheduled 9-hour day off, shall use 9 hours of accrued leave time as appropriate (e.g. vacation, compensatory-time-off
[GTO], sick leave, etc.). . 10. There will be no change in the accrual schedule or maximum accrual level of any paid leaves. 11. Bereavement leave provided pursuant to the Town of Los
Gatos --T. E. A. memorandum of understanding permits up to five days (forty hours) of paid leave. Employees on an alternate work week schedule, will continue to be provided forty (40)
hours of bereavement leave. 12. No more than two times during a fiscal year, upon approval from from the Department Director, eligible employees shall be permitted to' switch their work
schedule (traditional or 9/80). Eligible TEA employees in the Police Department shall be permitted to switch their work schedule (traditional or 9/80) only at shift change. 13. This
side-letter of agreement shall apply to all TEA represented employees who are eligible and elect to participate in the 9/80 alternative work week schedule. 14. TEA represented employees
are integral to the success of the 9/80 work schedule and understand the ongoing need to provide outstanding customer service. Date Date B ,27 .cY!