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2002-106-Approving The Memorandum Of Understanding Between The Town Of Los Gatos And The Town Employees Association For Fiscal Years 2002-03 And 2003-04RESOLUTION .2002 -106 RESOLUTION OF THE TOWN OF LOS GATOS APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF LOS GATOS AND THE TOWN EMPLOYEES ASSOCIATION FOR FISCAL YEARS 2002-2003 AND 2003-2D04 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 .members of the Town Employees Association have ratified the proposed 2002-2004 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 2002-2004 Memorandum of Understanding between the Town of Los Gatos and the Town Employee Association 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 of the Town Council of the Town of Los Gatos, California, .held on the 1st day of July, 2002 by the following vote: COiJNCIL MEMBERS: AYES: Steven Blanton, Sandy Decker, .Steve Glickman, Joe Pirzynski, Mayor Randy Attaway. NAYS.: None ABSENT: None ABSTAIN: None SIGNED: MAYOR O HE TOWN LOS GATOS LOS GATOS, CALIFO IA A~T~TE`ST: n Y ~t C~ CLERK OF THE 'TOWN OF L GATOS LOS GATOS, CALIFORNIA SUMMARY OF CHANGES IN MEMORANDUM OF UNDERSTANDING 1. TERM -Two. year agreement from June 23, 2002 through June 19, 2004. 2. FISCAL YEAR 2002-2003: A wage increase of 5% will be effective July 21, 2002. FISCAL YEAR 2003-2004: A wage increase of 4% will be effective August 3, 2003. 3. PUBLIC EMPLOYEES RETIREMENT SYSTEM -The Town will. meet in the .Spring 2003 to discuss the terms and conditions under which an enhanced retirement plan may be implemented. 4. VISION PLAN -The maximum Town contribution for employee-only coverage of $10 per month is removed. 5. CASH ALLOCATION PLAN -Town contribution to this plan shall now equal the cost of family medical coverage at Kaiser through the Ca1PERS Health Benefit Plan .($673.95 per .month effective January 1, 2003). 6. FAMILY INSURANCE PLAN - In lieu of cash allocation, an employee may elect to receive an amount equal to the cost of family medical coverage at Kaiser through the Ca1PERS Health Benefit Plan ($673.95 per month effective January 1, 2003) and up to $65 toward the purchase of dental insurance. Under this plan there is no "cash-back" provision. 7. UNIFORM ALLOWANCE -Park Services Officers uniform allowance shall increase to $500 annually. Community Services Officers and Parking :Control Officers uniform :allowance shall increase to $400 annually. 8. HOLIDAY COMPENSATION -There is a minor language change which will permit employees whose regularly scheduled day off occurs on aholiday, to earn compensatorytime in lieu of overtime. 9. HOLIDAYS -All Park Services Officers hired after July 1, 2002 will receive compensation in lieu of time off for holidays. 10. JURY DUTY -Employees shall reimburse the Town any fees received for Jury service. 11. BONUS -The bonus opportunity for TEA members increases from $1,100 to $1,200 per year. ATTACHMENT 1 SUMMARY OF CHANGES PAGE 2 12. SIDE LETTERS -The Town and' the TEA will enter side-letters regarding Scope of Representation (removing a classification from. the TEA unit upon the incumbents promotion or termination). and Layoff (the parties will. meet. in September to further clarify the Tayoff procedures). N:\MGRtGROGERS\CN F\TEA\2002\councilreportsummary2002.wpd TOWN OF LOS `GATOS AN'D TH E TOWN EMPLOYEES ASSOCIATION ME~MORANDU M OF UN D ERSTAN D IN G JUNE 23, 2002 -JUNE 19, 2004 ASR', off. / /~ EXHIBIT A ~~ TABLE OF CONTENTS Section Title Page PREAMBLE ................................................. 1 TERM GOAL , i 1 1. SCOPE OF REPRESENTATLON ................................ 1 2. TOWN EMPLOYER -EMPLOYEE RELATIONS ..................... 2 a. T.E.A.Rights ........................................... 2 b. Town Employer-Employee Relations Resolution ............... 2 c. Employee Rights ........................................ 2 d. Management Rights ..................................... 3 3, COMPREHENSIVENESS OF AGREEMENT .................. . .... 4 4. SAVINGS CLAUSE ........................................... 4 5. PAYROLL DEDUCTION ....................................... 4 6. NON'-DISCRIMINATION ....................................... 4 6. i 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 Day/V1/eek .............................~........... 6 f. Layoff Policy ........................................... 7 g. Outside Employment ..................................... 7 h. Reclassificafiion .........:............................... 8 8. SALARY AND OTHER COMPENSATION .......................... 8 a. Town Compensation Policies .............................. 8 b. Compensation .......................................... 8 c. Overtime .............................................. 8 d. Call Back .............................................. 9 e. Deferred Compensation ......................... . ........ 9 f. Out-of-Classification Pay .................................. 9 g. Bilingual fncentive Pay .................................. . 1'0 h. -Uniform Allowance ...................................... 10 i. Exceptional Performance Bonus ............................ 11 j', Holiday Compensation ................................... 11 k. Testimony for Town Matters ............................... 12 ii 9. PAYROLL/PAYCHECI<S ....................................... 12 a. Payroll ..Periods ..... .................................... 12 b. 'Paychecks ............................................. 12 10. HOLIDAYS .................................................. 13 11. 1NSllRANCE PROGRAMS ................................ . .... 13 a. Lifelnsurance .......................................... 13 b. Disa.'bility Insurance .............................. . ....... 13 c. Workers' Compensation .................................. 13 d. Liability Insurance ....................................... 14 e. Employee Assistance Program ............................. 14 f. Unemployment Insurance ............. . . ............... 14 g. Vision Plan ............................................ 14 12. CASH .ALLOCATION PLAN .................................... ~ 14 a. Pre-Tax Benefit ......................................... 14 13. FAMILY MEDICAL INSURANCE PLAN ........................... 15 14. PUBLIC EMPLOYEES RETIREMENT SYSTEM ..................... 15 a. 2% At 55 .............................................. 15 b. EPMC Conversion ....................................... 16 c. Re-Opener ............................................ 16 15. BENEFITS ACCRUAUPAYMENT ................................ 16 16. VACATION AND LEAVES ...................................... 1'6 a. Vacation and Annual Leave Scheduling ...................... 16 b, Vacation Accrual ........................................ 17 c. Sick Leave ....................................... .... 17 d. Sick Leave Cash-Out Program ............................. 17 e. Annual Leave .......................................... 18 f. Personal Leave ......................................... 18 g. Medical/Maternity/Family Leave .................... ... 19 . .... h. .Bereavement Leave ..................................... 19 i. Disaster Leave .................................. ...... 19 j. Military Leave .......................................... 19 k. Jury Duty .............................................. 19 I. Leave Without Pay ...................................... 19 m. Leave Balances.... ................ .................... 20 n. Catastrophic Time Bank .................................. 20 17. GRIEVANCE PROCEDURE .................................... 20 18. MISCELLANEOUS ISSUES .................................... 22 a. Personnel Rules ........................................ 22 b. Personnel Manual ...................................... 22 c. Mileage Reimbursement .................................. 22 iii ~~ ~~ d. Vehicle Acquisition .................... . .... . ........... . e. Discipline .............................................. f. Library Card .......................................... . g. Benefit Application ..................................... . t9. TRAfNJN G PAY .............................................. 20. TOWN VEHICLES ........................................... . 21. COMPLETE AGREEMENT ............................... . .... . Signature Page .............................................. APPENDIX A -Scope of Representation and' Salary Range ................ . APPENDIX B - Bi-Weekly Salary Schedule Effective July 21, 20D2 .......... . Bi-lNeeldy Salary Schedule Efifective August 3, 2003 ......... . APPENDIX C -Exceptional Performance Bonus ......................... . APPENDLX D -Pay and'. Classification System ....:...................... . APPENDIX E -Resolution 1991.-194 .................................. . 22 22 22 22 23 23 24 24 25 26 27 28 30 31 iv 1 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 "T.E.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". 1Nhen classifications are created which fall under the representation of T.E.A.,, this understanding shall also apply. This agreementsupersedes all .,previous agreements between the Town and T.E.A.. 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. T.E.A. agrees to recommend acceptance by the employees of all terms and' conditions set forth herein. Following said acceptance 'by T.E.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 The term of this understanding shall commence on June 23, 2002. and terminate on June 19, '2004. 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'I<nown issues concerning employment, fosterasense of team work between T.E.A. and the Town, create conditions under which the highest quality of public service is delivered. 1. SCOPE OF REPRESENTATION Employees represented by T.E.A. .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' im Appendix A, such employee's representation by T.E.A. will not be affected. The Town .agrees. to notify T.E.A. 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 T.E.A.. T.E:A. shall provide the Town with. a list of T.E.A. officers and department representatives.. T.E.A. shall distribute to all' new unit employees materials furnished for such purposes by T.E.A.. Upon request of any employee represented by this agreement, a T.E.A. representative shall be present during meetings involving the individual. employee in disciplinary matters.. Oran reprimands and performance evaluations are not. included' in the above. To the extent possible, disciplinary and grievance matters shall be consideredlduring 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) T.E.A. members shall be allowed, as long as there is no disruption 'in work, up to eight (8) hours. for T.E.A. President, and' two (2) hours for each T.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 14 of this MOU. Town initiated meetings are not subject to release time limits. Such T.E.A. members shall first obtain permission from department heads before leaving their work.. or work locations. T.E.A. 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 in Resolution 1974-41 which apply to T.E.A. will be made after meeting. and consulting with T.E.A.. 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 (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 c assification and receive a response to the request. d. Management Rights The rights of the Town include, but are not limited 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 foremployment and promotion; {4) Direct its employees; (5) Take disciplinary action in accordance with adopted disciplinary procedures, recognizing the employee's .right to 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; (10) Take all necessary action to determine when an emergency exists and to carry out its mission in emergencesincludingthe 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; 3 (12) Refer any question regarding. implementation. orinterpretation of the M,O.U. to the Town Manager or the Town Personnel Officer for a determination. 3.. 4. 5. 6. 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 availabie 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, fn some cases,.. fhis may occur after the law or rule has .been adopted. SAVINGS CLAUSE If any provisionorthe application of any provisionof 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. PAYROLL DEDUCTION The Town will" deduct from the bi-weekly paycheck and remit to the Association, the normal and regularAssociation membership. dues as voluntarily authoeized in writing by the employees. subject to the following conditions: a. Such deduction shall. be made only upon submission of deduction. form to the Human Resources Manager. Said form shall'. be duly completed' and signed. by the employee. b. Thee 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. NONDISCRIMINATION 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. 4 6.1 General Provision Regarding Americans 1Nith Disabilities Act (ADA) A. Because the ADA requires accommodations for individuals protected under the Act, T.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. T.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 evaluatedquarterly. 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 rrenstated to their previous classification in accordance with the Town 'Personnel Rules. c. Performance Evaluations 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. 5 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 swbsequently finds that the employee would have been. entitled to a merit increase as of the anniversary date,. the merit increase will beeorne effective as of the first day of'the pay period in which the anniversary date occurs. Thee Towne. 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 change of job: classification shall keep an interest. card on file with the Town. Personnel 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. Lf 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 employee's normal work period'. There shelf 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 Day/Week 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. 6 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 shad not be scheduled ..less than two (2) consecutive days off within a seven day period more than thirteen (13) times in a calendar year. Flex-time work schedules consistent. with the definitions of normal work day and normal work week maybe assigned by the Town at its sole discretion. The Town shall provide no Tess 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)'hourperiod 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 alterwork schedules without notice during emergency situations. Layoff Police A minimum thirty (30) calendar days notice shall be provided to any employee to be laid off. Determination of layoff lists shall consider "performance" as well as seniority with equal weight given to both seniority and performance. Layoff shall take place within classifications by individual department. In the event of a tie in overall score, the employee having more seniority shall not be subject to layoff. V1/herever a reduction in workforce is deemed necessary by the Town, every attempt will be made to accomplish such reduction by attrition or reduction in work hours in'lieu of layoff. Every effort shall be .made to .place qualified laid-off employees in other positions within Town government. g. Outside Employment The Town and T.E.A. agree that outside employment of full time T.E.A.- represented employees hall 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. 7 h. Reclassification. T.E.A. recognizes the sole right 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: (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 The salary schedules listed. in Appendix B shalt be effective. July 21, 2002;. and August 3,.2003, c. Overtime With the approval of the Towne Manager, and when necessary to perform. essential work,. a department head may require. an employee to work. at any time other than during regular working hours until such work is completed. Overtime is scheduled solely at the discretion of the Towne. 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 astime worked for computation of overtime payments. Compensatorytime can not be used' in the .pay-period in which it is earned.. Effective June 25, 2000,. compensatory time off shall. not be regarded as hours. worked for the purposes of overtime calculation. 8 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 of those 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. d. Call.Back A minimum of three (3) hours pay or 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 nail .back overtime rate for Town commission/council .meetings which begin {2) two hours or more than eitherthe start of or end of the employee's regularly scheduled shift. At the emp ogee's option but with Department Head's approval, employees may flex their schedule at the straight-tune rate in-lieu ofthe call back provision of this paragraph.. e. Deferred :Compensation A Town program of deferred compensation half be available to T.E.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 by the 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. Out-of-Classification. Pay The Town :and T.E.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 orthe first step of the higher classification, whichever is greater. 9 ` ! Employees appointed. to work out-o#-class will receive out-of-classification pay beginning the first day of the out-of-classification assignment. Performance of duties. as a vacation relief does not automaticafly qualify as out-of-classification.. For purposes of this section, an out-of-classification assignment is defined as the full time performance of the: essential functions ofi an authorized, funded, permanent position. inanother 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-class may request a review of their classification. Training programs mutually agreed to by the Town and T.E.A. which are designed'to enhance and/or provide career development opportunities shall not. be subject to this provision. 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 (t) An initial uniform consisting. of all: items on the Town-approved list shall be supplied by the Town to new Park Services Officer and"Town- designated Community Services Officer and Parking Control Officer employees; thereafter the Town shall provide incumbent Park Services Officerempfoyees 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 anal demand that. employees be in proper. uniform. at all times.. (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 tohis/her Department Head for the repair/repPacement of damaged articles to the Town. 10 i. Exceptional .Performance Bonus The Exceptional Performance Bonus detailed in Appendix "C" is recognized as a discretionary program on the part of the Town and shall continue. in force during the term of this Agreement. Costs of this ...program shall not be charged. to T.E.A.'s total compensation package. j. .Holiday Compensation {1) Employees will receive eight (8) hours of regular pay when scheduled to have the holiday off (eight [8] hours totalj. Ff the employee's scheduled day off occurs on a recognized Town holiday, the 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 hours of holiday pay, an employee may elect to receive eight 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 forthe .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 forty-four (44) hours of base pay in separate payroll checks distributed the last working week of November and May of .each year to be paid in the payroll check. (Permanent half-time 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 toeighty-eight (88) hours to be distributed as forty-four (44) hours ofi 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. 11 (3) Notwithstanding any other provision of this. section,. employees who have voluntarily requested and received approval to work.. a flex-time work. schedule shalt (a) Receive eight (8) hours of regular paywhen 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 makeup the difference between the provided eight (8) hours of holiday 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 provide testimony 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. PAYROLUPAYCHECKS 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 snore than seven (7) calendar days following the end of the payroll period;.. however;. overtime may appear om 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 paychecks.. This may also occur at the end of the Fiscal or Calendar year. (2) 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. 12 10. HOLIDAYS a. 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 Accidental Death benefit the employee. on minimum coverage of $50.,000 and $50,000 . Additional life insurance may be purchased by 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'91 st day of disability; coverage of 60% ofmonthly earnings up to a maximum of $6000/month. c. Workers' Compensation The Town and T.'E.A. agree that employees who ustain 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 regularsalary, if any, paid by.the Town for the first 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. 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, 13 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 bythe 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 i, 2000,: employees. shall. be enrolled in the Town's vision- care health plane. (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 The Town shall provide each employee a cash allocation of $5.50 per month.. Effective January 1, 2003, the Town shall provide. each employee a cash allocation each month an amount equal to the monthly cost of family coverage for Kaiser Medical' Insurance Program provided through the California Public Employees' Retirement System Healfih Benefit Medical Program. 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 paythrough 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 fio receive part or all of their cash allocation in cash. Any amount received as cash is taxable. Employees electing to receive cash 14 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 Employee's Retirement_Health Benefits Program. Dental insurance is available through Delta Dental Plan. Vision insurance is available through VS'P. 13. FAMILY II~LEDICAL INSURANCE PLAN In lieu of the cash allocation provided in Section t2, effective January 1, 2003, emp ogees may elect to receive from 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 prerniurn. 'Emp'loyees. 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 emp ogee shall;pay through payroll deduction the difference between the monthly premium and the amount contributed by the Town.- The employee shall forfeit any balance shouldthe Town's contribution exceedthe cost of the premium. Employees choosingthis 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. 14. PUBLIC EMPLOYEES' RETIREMENT SYSTEM (P.E.R.S.j 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). 15 b, EPMC Conversion. Effective June 25, 2000,. the Town will cease. its participation in the Public Employees' Retirement System "Employer Paid Member Contribution (EPMC) provision. Concurrently, the Town. will begin 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. Substantially concurrent with the adoption of this MOU, the l"own will adopt a Resolution. materially the same as that recommended' by the Public Employees' Retirement System to implement the provisions of 414 (h) (2) of the Internal Revenue Code (IRC). The TEA.. accepts the terms of this Resolution and acknowledges that this Resolution will applyto all current and future members of the TEA. c, Re-Opener. The: Town and TEA negotiations shall be re-opened in the Spring of 20.03, to discuss the terms and conditions under which the Town's contract with the Public Employees' .Retirement System may be amended to provide an enhanced retirement formula (2.5% @55, 2.7% at 55, or 3% at 60). 15. BENEFITS ACCRUAVPAYMENT There shall: be no accrual or payment of benefits. during. unauthorized leave, suspension without pay, or leave without pay except as mandated by the Fam ilyand Medical Leave Act. 16. VACATION AND LEAVES a. Vacation and' Annual Leave Seheduling 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. wilt be made by the Town to honor pre-approved vacations. If apre-approved vacation is canceled due to the scheduling. needs of the Town, the Town will reimburse the employee for verified deposits for non- reirnbursable reservations. All verifications must be submitted prior to fihe vacation formally being canceled. 1' 6 b. Vacation Accrual All employees hired by the Town and represented by T.E.A. during the term of this agreement shall accrue vacation hours as follows: 0 to 36 months - 1D 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 3t0 hours. If an ernpioyee 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 #or hour basis once per fiscal year. Employees must request this conversion in writing #o 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-Owt Pro ,gram 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 forthe 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 1.50 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. 17 `. ~ 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% ofitheir share of fiuture medical insurance payments once. the account. is exhausted. The Town has elected to participate underthe.Public Employee' 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. 1991-1:94 (attached as Appendix E). e. Annual Leave Annual leave: was. created as a combination of sick leave anal 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 pre- approva6 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: 0 to 36 months - 18 days per year (5.54 hours per pay period): 37 to 60 months. - 24 days per year (7.38 hours per pay period) 61 to 180 months - 29 days per year (8.92 hours per pay period) 181 + months - 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 310 hours.: Personal Leave Twenty-four (24) hours will be available per calendar year.. Personal leave may not be accumulated from year-to-year nor is itsubject tocash-out at any time. 18 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 regarding 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. 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 Wall. Leave is subject to scheduling by the Town. 'Employeesshall 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 anal benefits. k. Jury Duty Employee salary and benefits are to be continued during periods of Court- assigned 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. 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. 19 Vacation, sick leave,. annual leave, or intermittently during an extended leave to employee is on leave with no pay. ~~ time worked shall' not be used interrupt a determination that. an In accordance with State Government Code 12945-and 12945.2 and Federal Government Code 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 1'00% value effective the last full work-day with. the Town:. This wilt terminate the ernpfoyee's status as an employee of the Towne. Sick leave shall be cashed out as per Section 15.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 employee may request that a catastrophic tune bank be established. The request shall be in writing and shall be directed to the Town Manager.. The bank will enab a other employees to donate accrued.. CTO, vacation,. annual_leave, or sick leave to the requesting employee. All donafions must be made in writing on a form prescribed by the Town and shall be limited to no snore 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 grievance may be considered for resolution unless a grievance is filed in accordance with the procedure contained herein within thirty (3D) calendar days of the date. the grievabce activity occurred or the date the employee could. reasonably have known. such activity occurred. 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 discussionwith hisfher 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 grievabce activity 20 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 X10) 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 Manager to 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 a,ppeai. 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 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 Council decision shall be final. The Town Council shall render a decision within thirty (30) calendardays afterthe 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 limitafions 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 counsel or other person at any stage in the grievance process. 21 ~` ~ 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'sOffice, the Clerk's Office and the Library Reference Section. These copies will be updated periodically.. b. Fersonnei Manual l"he 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 rightto determine the specifications of all. Town vehicles. The Town. will seek employees input when considering vehicle acquisition. 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. Library Card. T.E.A. represented employees not living in Town mayreceive anon-resident library card at no cost. g. Benefit Application Employees working at least three-quarter (3/4') time but. less than full-time shall.. receive 75% of all applicable benefits set forth inthis MOU, in the same manner and under the same conditions as full-time employees. Employees working at least one-half (1/2) time but less than three-quarter (3/4) time 22 shalt receive 50% of all applicable benefits set forth in this MOU, in the same manner and under the same conditions as full-time employees. 19. TRALNING 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 con#ract continues on the next page) 23 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 arri ed at after that full opportunity. This MOU may only be amended during its term bythe parties' mutual, agreement in writing unless compelled by State or Federal' law. This MOU is intended to encompass alf 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: FOR TOWN EMPLOYEES ASSOCIATION: DEBRA FIGONE Town Manager GARY ROGERS Human Resources Director REGINA FALKNER Community Services Director JENNIFER HARUYAMA Administrative Analyst DEBRA CALDWELL Community Services Officer T.E.A. President MARILYN COSDEN Administrative Secretary PATRLCIA DUARTE Senior Engineering. Technician MAUREEN ROLL Principal Librarian DENISE BELL Employee Representation. Services fnc. 24 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 25 ~~ APPENDIX B-1 TO1NN OF LOS GATOS HOURLY SALARY SCHEDULE (Effective July 21, 2002) Town Employees Association RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 2138 $1'8`.24' $19.16 $20.1 t $21.12 $22.18 $23.28 2179 $1.9.01 $19.96 $20.95 $22.00 $23.10 $24.26 2203 $19.47 $20,44' $21.46 $22.54 $23.66 $24.85 2227 $fi9:94 $20.94 $21.98 $23.08 $24.24 $25.45 2251 $20.43 $21.45 $22.52 $23.64' $24.83 $26.07 2276 $20.94 $21.99. $23.09 $24.24 $25.45 $26.73 2291 $21.26 $22.32. $23.44 $24.61 $25.84 $27.13 2322' $21.93 $23.02 $24.17 $25.38 $26.65 $27.99 2352 $22.59 $23.72 $24.91 $26.16 $27.46 $28.84 2373 $23.07 $24.23 $25.44 $26.71 $28.05 $29.45 239f $23.49 $24.67 $25.90 $27.20 $28.56 $29.98 2398 $23.66 $24.84 $26.08 $27.39 $28.76 $30.19 2416 $24.09 $25.29 $26.56 $27.88 $29.28 $30.74 2453 $24.99 $26.24 $27.56 $28.93 $30.38 $31.90 2465 $25.30 $26.56 $27.89 $29.28 $30.75 $32.29 2475 $25.55 $26.83 $28.17 $29.58 $31,.06 $32.61 251.1 $26.49 $27.81 $29.20 $30.66 $32.19 $33.80' 251'4 $26.57 $27.89 $29.29 $30.75 $32.29 $33.91 2523 $26.81 $28.1'5 $29.55 $31..03 $32.58 $34.21 2524 $26.83 $28.17 $29.58 $31.06 $32:62 $34.25 2550 $27.54 $28.92. $30.36 $31..88 $33.47 $35.15 2560 $27.82 $29.21 $30;67 $32.20 $33.81 $35.50 2587 $28.58 $30.01. $31..51 $33.08 $34.74 $36'.47 2636 $30.01 $31'.51 $33'.09 $34.74 $36.48 $38.30 2660 $30.74 $32.28. $33.89 $35.59 $37.36 $39:23 2728 $32.90 $34.55 $36.27 $38.09 $39.99 $41:.99 2777 $34.55 $36.28 $38.09 $40.00 $42.00 $44.10 Incentive pay (e.g. bilingual pay) is at 2.5% above the regular compensation. 26 i APPENDIX B-2 TOW N OF LOS GATOS HOURLY SALARY SCHEDULE (Effective .August 3, 2003) Town Employe es Association RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 2138 $18.98 $19.93 $20.92 $21..97 $23.07 .$24.22 .2179 $19.77 .$20.76 $21..80 $22.89 $24.03 $25.24 2203 $20.25 $21.27 $22.33 '$23.45 $24.62 $25.85 2227 $20.75 $21.78 $22.87 $24.02 $25.22 $26.48 2251 $21.25 $22.31 $23.43 $24.60 $25.83 $27.12 2276 $21.79 $22.88 $24.02 $25.22 $26.48 $27.81 2291 $22.12 $23.22 $24.38 $25.60 .$26.88 $28.23 2322 $22.81 $23.95 $25.15 $26.41 $27.73 $29.11 2352 $23.51 $24.68 :$25.92 $27.21 $28.57 $30.00 2373 $24.00 $25.20 $26.47 $27.79 .$29.18 $30.64 2391 $24.44 $25.66 $26:95 $28.29 :$29.71 $31.19 2398 $24.61 $25.84 $27.13 $28.49 $29.92 $31.41 2416 $25..06 $26.31 $27.63 $29.01 $30.46 $31..98 .,2453 .$26:00 $27.30 $28.67 $30.10 :$31..61 $33.19 ,.2465 $26.32 $27.63 $29.01 $30.46 $31..99 $33.59 .2475 $26.58 $27.91 $29.31 .$30.77 $32.31 $33.92 2511 $27.55 $28.93 $30.38 $31.90 $33.49 $35.17 2514 $27.64 $29.02 $30.47 $31..99 $33.59 $35.27 2523 :$27.89 $29.28 $30.75 $32.28 $33.90 $35.59 :2524 $27.92 $29.31 $30.78 $32.32 $33.93 $35.63 2550 $28.65 $30.08 $31.59 $33.17 $34.82 '$36.57 2560 $28.94 $30.38 $31..90 $33.50 $35.17 $36.93 2587 $29.73 $31.22 $32.78 $34.42 $36.14 $37.94 2636 $31..22 $32.78 $34.42 $36.14 $37.95 $39.85 2660 $31.98 $33.58 $35.26 $37.02 $38.87 $40.82 2728 $34.23 $35.94 $37.74 .$39.62 $41.61 $43.69 2777 $35.95 $37.74 .$39.63 $41.61 $43.69 $45.88 Incentive pay (e.g. bilingual pay) is at 2.5% above the regular compensation. 27 APPENDIX C EXCEPTIONAL PERFORMANCE BONUS (.Revised July 1, 1994, June 23, 2002). PURPOSE Recognize outstanding performance. of employees who have reached the #op step of their classification.. EFFECTIVE.. Available to all permanent Town employees represented in Appendix A. This program started in July of 1'983 and updated in July of 1994. Employees wilF be able to receive the Exceptional Performance Bonus one year after reaching the top step of step of his/her range.. Eligibility will continue every 12 months if employee remains at top step. APPLICATION'. Awards based on evaluation of performance objectives. The objective is for the employee and!. his/her supervisor to agree to a joint commitment of objectives for the coming year. Performance factors for all employees include: 1. Employee Accomplishments 2. Development Plan. 3. Job: Knowledge 4. Public Contact and Service Skills 5. Quality of Work 6. Quantity of Work 7. Communications. 8. Teamwork 9. Meeting Work Commitment 28 {~ 10. Flexibility and Adaptability 11. Initiative 12. Analyzing Situations 13. Organizing, Coordinating, Supervising 14. Administering Work Programs 15. Special Projects Employees at the top step who .achieve 75% or more of their goals and have no "Needs improvement" in the 12 (3-14) evaluation categories are eligible for a bonus upto $1,200 equivalentto the percentage of goals achieved. For employees whose employment status is one-half time (1/s) or three-quarter (3/4) time, the amount of bonus wilt be .pro-rated proportionally. All evaluations are subjectto the review:and approval of the Town Personnel Officer. 29 APPENDIX D PAY AND CLASSIFICATION' SYSTEM Consideration for advancement from step to step within a range shall occur at intervals ofione (1) year in length effective on each anniversarydate. Each employee shalt 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 advancementto the next step. The department manager has the option, at their discretion, based on a recommendation bythe supervisor, to recognize improving performance by granting. or denying. ahalf-step increase in lieu of denying the advancement to the next step for unsatisfactory performance. Ifthe employee'sperformance is exceptionalas.determined bythe annual evaluation of the supervisor on the performance evaluation. form, the department manager with the. approval of the Towne 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 of the position) and can peeform 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. 30 i APPENDIX E RESOLUTION tat-i 9d RESOLUTION .ELECTING TO BE SUBJECT TO PUBUC EMPLOYEES' MEDICAL AND NOSP(TAL CARE ACT ONLY WITH RESPECT TO MEMBERS OF A SPECIFIC EMPLOYEE ORGANIZATION ANO EDGING THE EMPLOYER'S CONTRIBUTION FOR EMPLOYEES ANO THE :EMPLOYER'S CONTRIBUTION FOR ANNUITANTS AT DIFFERENT AWOUNTS WHEREAS, Gawtnmonf Code Section 22850.3 provides that a corittaciirq agerroy may sleet upon proper applicatbn to partkipate under the Public Employees' Medical and Hospital Care Act with resoec.~t to a recogn¢ed empioyw organization °^IY and WHEREAS Govemrnerrt Code Section 22754 (g) defM~es any $pecW Diarist as a corrtractlnq agency; and WHEREAS. Govsmmert Cods Sedbn 22557 Pro~id4a tlvt a contracxk-p agency mayfbc the amount -- of the employer's ~ibution for emPloyess and the employers corrtrlbtdbn for calked a~Y~ and survivors at different amounts provided that the r~fyY qn fa ~~ ~doyeAS and `axvivors shall be annually increased by an amount nct lea than 5 psrcerrt d the°morrtfrfY 1on for employees, u~ such time a the arnourrts an equal; and WHEREAS. a Special Oiarid r t»reby .defined as anon-profit, self Ooverr~d ..public agency within the State of Califomla. and compriseo sdMy d public employees P~f~ng • governmencaJ ratter than proprietary function: and . WHEREAS, Town d Las Gatos, l»reinafter referred to as SpacW District ~ an entky meeting the above definition; and WHEREAS, the Special Ohcrict desires to obtain br 'the members of elected officals. who are employees .and arrnt~itartts of the Agency, the benefit of the Act and to accept the liabikies and obligations of an employer under ttN Act and RegtAatbns. NOWT THEREFORE 8E R RESOLVED. that the SpecW District desires to obtain for elected offictais, who acs empioYees and annultarrts of the agency, the benefit of the Act and to accept the Ilabilties and obligations of an employer ~~ ~ Act and'Regulations; and BE R t=URTHER RESOLVED. that the SpecW District elects, and a does hereby elects, to be subject to the provisiorn of the Act;. and 8E R t=URTHER RESOLVED, that tt~s employers c~ntrib~bn for each employee shag be the amount necessary to { ~~ Kaiser North prortwxn rates (1 2 and 3 pertyl Par month; and a health benefits plan up BE R FURTHER RESOLVED. that'ths employ.rs corrMbutlorr foreach retired employee or survivor shall be the amount necaaary to paY ~ ~ of ~ erxollmsre, ~~~ the erxoYrr-errt of his tamMy members. in a health barefita ....Plan uP to a at 11.00 par month; and 8E R FURTHER RESOLVEO. thtt the employs contribution for each retired employee a stxvivor shall be increased annually by 516 Peresrit of the montltly contribution for employees, ~ such time as the contributions are equal, and that'the Torts for adiw and retred employees and survivors chats be in addition to those amounts contributed by tt-e Spacial Dlstricf for administrative tees and to the Contingency Reserve fund; end 31 BE Ff FURTHER RESOLYED, tt~st the executive body aPPanc and direct and. does hereby aunt and dlrsct. the Town Managerto file wlthh the Board of Admiruatratlon d the Pubib Empiayees' Retttamert< System a verified copy of this.. Resdution, and to pertorrn o^ betvlf` d saki SpecW DatRncs all huxxioru regwred pf K under the hct and Re9uiatio~a of the Board of Add: and.. BE R FURTHER' RESOLVED. that coverage under the Act be eAecxive retroacttve to Aupuat t , t 96t . PASSED AND ADOPTED at a repuiar meetir>q of the Town Cax+dl d the Town of Los Gatos, California. heid on the 3rd' day of September, t9Ot by the foNowkq voA~a. COUNgL MEMBERS: AYES: Randy AttawaY, Jc~anr» ~^~~ StsN~n ~~^' and Eric 0. Carlson ABSENT: Brent N. Verntxa SiCiNED: VICE-I~A~IYOR OF THE TOWN OF LOS GATOS LOS GATOS, CAUFORNIA ATTEST: CLERK OF THE TOWN OF LOS GA LOS GATOS, CALIFORNIA -ia~ ono-~rz ~~~~tsas\~„1.~1 32