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
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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
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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 .................................. .
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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.
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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.
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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.
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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.
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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.
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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.
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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
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{~
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.
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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.
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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
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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
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