06 Staff Report - Memorandum Between Town of Los Gatos and The Town Employees Associationto~+N o,MEETING DATE: 2/5/07
ITEM NO:
.N t I
!~s GACOUNCIL AGENDA REPORT
DATE: January 31, 2007
TO: MAYOR AND TOWN COUNCIL
FROM: DEBRA J. FIGONE, TOWN MANAGE
i
SUBJECT: ADOPT RESOLUTION APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE TOWN OF LOS GATOS AND THE
TOWN EMPLOYEES ASSOCIATION FOR THE PERIOD NOVEMBER 1,
2006 THROUGH NOVEMBER 1, 2008 AND AUTHORIZE THE TOWN
MANAGER TO EXECUTE THE MEMORANDUM OF UNDERSTANDING
RECOMMENDATION:
Adopt resolution approving the Memorandum of Understanding between the Town of Los Gatos
and the Town Employees Association (TEA) for the period November 1, 2006 through
November 1, 2008 and authorizing the Town Manager to execute the memorandum of
understanding.
DISCUSSION:
In accordance with the Town's Employer-Employee Relations Resolution No. 1974-41,
representatives of the Town and TEA have met and conferred in good faith and within the scope
of representation. Adoption of the 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 of the changes is attached. The Memorandum of
Understanding covers a two-year period effective November 1, 2006 through November 1, 2008.
Changes in compensation will occur for 2006 effective October 22, 2006, and for 2007 on
October 21, 2007.
The employees represented by TEA have ratified the proposed agreement. TEA representatives
are coordinating with Town staff to finalize specific language to be incorporated in the MOU.
The attached resolution provides the Town Manager the authority to execute the Memorandum
of Understanding.
PREPARED BY: UMI PO TILLO
Human Resources Director
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Reviewed by: Assistant Town Manager Town Attorney
Clerk Administrator Finance Community Development
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ADOPT RESOLUTION APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE TOWN OF LOS GATOS AND THE
TOWN EMPLOYEES ASSOCIATION FOR THE PERIOD NOVEMBER 1,
2006 THROUGH NOVEMBER 1, 2008 AND AUTHORIZE THE TOWN
MANAGER TO EXECUTE THE MEMORANDUM OF UNDERSTANDING
January 31, 2007
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 2006-07 Annual Budget.
Funding for future increases in this agreement will be included in the proposed FY 2007-08 and
FY 2008-09 Annual Budgets.
Attachments:
1. Summary of changes in the Memorandum of Understanding between the Town of Los 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 November 1, 2006 through November 1,
2008 and authorizing the Town Manager to execute the Memorandum of Understanding
SUMMARY OF CHANGES IN THE
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
TOWN OF LOS GATOS
AND
THE TOWN EMPLOYEES ASSOCIATION
• Term: 2 years (November 1, 2006 through November 1, 2008)
• Compensation: For 2006: 3% salary increase on October 22, 2006
For 2007: 3% salary increase on October 21, 2007
Retirement. Town to pay for and provide to TEA, PERS actuarial on at least 2.7% @55
no later than April 1, 2007 (or as soon as received from PERS.) Once the actuarial study
has been received, there will be a joint review of the actuarial study by TEA and other
non-safety employee groups covered by PERS for the purpose of understanding the data.
The data review will be held with a PERS representative in attendance to explain and
answer questions regarding the actuarials. This data review does not represent a
commitment by the Town to implement enhanced retirement.
• Agency Shop: The following language will be added to the MOU: "The Town and TEA
will fully comply with government code section 3502.5 regarding the establishment of
agency shop for employees in the TEA bargaining unit."
• Dental: Change language from "up to $65 a month" to "up to the cost of the Delta
Premier Plan."
• Tuition Reimbursement: Town will reimburse up to fifteen hundred dollars ($1,500) per
fiscal year toward the cost of books, university/school fees (except parking) and tuition.
• Performance Evaluations: Change review timeframe to "between June 1 and October
of each year for employees at top step." Add a sideletter that the Town and TEA agree
that a committee will be formed and convene one month after ratification by the Town
and TEA of this Agreement, to design and implement a new agreed-upon performance
evaluation process/system. It is further agreed that other interested parties (i.e., other
bargaining units) can be included on this committee.
Meet and Confer Over Successor MOU: Sideletter regarding the 2008 MOU
negotiations, stating that an initial meet and confer regarding the negotiations for a
successor MOU shall take place no later than 180 days prior to the termination date of the
current Memorandum of Understanding. The Town will pay for training in interest-based
bargaining for the negotiating teams and to provide a neutral third-party facilitator,
mutually agreed to by the parties.
Page 1 of 2
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ATTACHMENT 1
SUMMARY OF CHANGES IN THE MOU
BETWEEN THE TOWN OF LOS GATOS
AND THE TOWN EMPLOYEES ASSOCIATION
November 1, 2006 through November 1, 2008
Changes in language to incorporate Tentative Agreements reached by both parties:
• Retirement Health Savings Plan: The Town will continue to investigate options
regarding a retirement health savings plan. A quarterly progress report will be provided
to the TEA either in writing or by meeting with the TEA.
• Bereavement Leave: Clarify that the leave is forty (40) hours. Update the definition of
immediate family member to include domestic partner.
• Leave Without Pay: Leave without pay shall be subject to approval of the appropriate
Department Head.
• Catastrophic Time Bank: The request shall be in writing and shall be directed to the
Human Resources Director.
• Library Card: Delete, no longer applicable.
• Direct Deposit: Update terminology related to direct deposit.
• Overtime: Omit reference to Town Manager.
• Overtime: The maximum accumulated compensatory time for Communications
Dispatchers shall be one hundred (100) hours. The maximum accumulated time for other
employees does not change.
• Alternative Work Schedules (AWS): Sideletter language from 4/10 and 9/80
incorporated into MOU
• Domestic Partner: Include domestic partner in any other applicable section of the MOU.
• Update Titles: There may be other sections where "Town Manager" should be deleted
and/or replaced with another title. Changes will be made accordingly with discussion by
each party, prior to the publication of the MOU.
• Other Clean Up. Parties agree to notify each other of any other clean-up language which
may have been missed.
Page 2 of 2
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RESOLUTION NO. 2007-
RESOLUTION OF THE TOWN OF LOS GATOS
APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF
LOS GATOS AND THE LOS GATOS TOWN EMPLOYEES ASSOCIATION FOR
THE PERIOD NOVEMBER 1, 2006 THROUGH NOVEMBER 1, 2008 AND AUTHORIZING
THE TOWN MANAGER TO EXECUTE THE MEMORANDUM OF UNDERSTANDING
WHEREAS, representatives of the Town and the Town Employees Association,
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 representatives of the Town Employees Association bargaining
team have indicated that the union membership 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 the Town Employees Association for the period
November 1, 2006 through November 1, 2008 and that the Town Manager is hereby authorized
to sign the agreement on behalf of the Town.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos, California, held on the 5th day of February, 2007 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED: /s/
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
/s/
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTACHMENT 2