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2004-140- Approving Confidential Employee Compensation Plan For Fiscal Year 2004-2005 Fiscal Year 2005-2006RESOLUTION 2004-140 RESOLUTION OF THE TOWN OF LOS GATOS APPROVING CONFIDENTIAL EMPLOYEE COMPENSATION PLAN FOR FISCAL YEAR 2004-2005 & FISCAL YEAR 2005-2006 RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California, that the Confidential Employee Compensation Plan For Fiscal Year 2004-2005 :and 2005-2006 be approved as presented in Exhibit A. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 15~'' day of November, 2004 by the following vote: COUNCIL MEMBERS: AYES: Sandy Decker, Diane McNutt, .Joe Pirzynski, Mike Wasserman, Mayor ;Steve Glickman NAYS: None ABSENT; None ABSTAIN: None SIGNED: ,.•^.er~..~,_, MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF'THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA EXHLB'1T A TOWN Of LOS GATOS CONFIDENTIAL EMPLOYEES COMPENSATION PLAN FY 2004-2005 FY 2005-2006 ~. Confidential Employee Compensation Plan FY 2004-200.5 & FY :2005-.2006 Page 1 PURPOSE To establish a program and guidelines for a confidential employee compensation plan pursuant to the following goals and objectives: • Establish a system for the payment of confidential employees which results in appropriate salary-contribution relationships and competitive salary rates. • Recognize the distinct character of confidential positions and incumbents as opposed to grouping them with other employees for salary purposes. • Establish a system where salary serves as an effective tool for .promoting better job performance. • Promote the further identification of confidential employees and understanding of associated roles, loyalties, and responsibilities. APPLICATION This :compensation plan shall apply to all employees occupying positions designated as Confidential. 1. EMPLOYMENT a. Step Placement for New Hires The Town will determine the salary and wage rate for new hires. b. At-will Employment Confidential positions in the Town are at-will. Either fihe Town or the employee may. terminate the employer-employee relationship at any time for any .reason. c. Performance Evaluations Performance evaluations take place at least annually prior to the .anniversary date of the employee's date of .hire or the date the employee entered their classification. Performance evaluations shall be discussed with the employee prior to the evaluation being completed.. ..Employees shall sign their individual performance evaluations as evidence of N:~NIGR~AdminWorkFiles\cnclrpts\Confidential Employees Compensation Plan Nov 2004.doc 11/11/2004 Confidential .Employee. Compensation Plan fY 2004-2005 & FY 2005-2006 Page 2 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. d. Step Advancement Consideration -for advancement from step to step within a range shall occur at intervals of one (1) year in .length effective on each anniversary date. The annual performance evaluation will be the 'basis for step advancement. Such advancement to the next step shad .only be aufihorized if .the supervisor and department manager find that the employee is satisfactorily performing the duties of their position as reflected in the annual evaluation. If the employee's performance is not satisfactory as determined by the supervisor's annual evaluation, the department manager shall deny advancement to the next step. The department manager has the option, at their discretion, based on a recommendation by the supervisor, to recognize improving performance by granting or denying a half-step increase in lieu of denying the advancement to the .next step #or unsatisfactory performance. If the employee's performance is exceptional as determined by the annual evaluation, the. department manager with the approval of the Town Manager has the discretion to grant a two step or one and one-half step increase. It is intended that this be used sparingly so that it can be reserved to recognize the truly exceptional employee who is .achieving journey level status in their classification (i.e. fully capable of performing all duties of the position) ..and can .perform at the same level as an employee with the years of experience required to achieve advancement to the new step 'if they had .advanced one step .each year. e. Bonus Program Effective August 29, .2004, the Exceptional Performance Bonus program shall be eliminated. In lieu of this program, step 6 of all Confidential classifications shall be approximately 5% greater than step 5 and include an additional $0.577 per hour, as reflected in the salary schedules listed in Appendix A. Promotions Employees desiring promotion or change of job classification shall keep an interest card on file with the'Wuman .Resources Department. The Town shall- determine the method for the selection. of Town employees. Qualified employees who participate in a Town examination process shall N:~MGR~AdminWorkFiles\cnclrpts\Confidential Employees Compensation Plan Nov 2004.doc 11/11/2004 Confidential Employee Compensation Plan FY 2004-2:005 & FY 2005-2006 'Page 3 be allowed time off from their regularly scheduled work. There shall 'be no overtime paid for participation in an examination. g. 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. 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. Flex-time work schedules consistent with the definitions of normal work day and normal work week may be assigned by the Town at its sole discretion. The Town. shall provide no less than seventy-two (72) hours notice to affected employees regarding a change in regular work schedules.. Flex-days shall be identified and approved by the .Department Head and Town Manager as part of the. approval of a flex-time work schedule as well as the designation of the forty-eight (48) hour period without scheduled work. Employees may also make .requests for temporary changes to their normal work schedule. In those cases, the employee's schedule may change with the approval of the employee's department head (e.g. an earlier start and end of shift or a change in the number of .hours per day), so long as that change does not result in overtime liability to the Town. The Town may alter work schedules without notice during emergency situations. h. Layoff Notification A .minimum thirty (30) calendar days notice shall be provided to any employee that is laid off. i. Outside Employment Outside employment of Confidential employees shall be governed by California Government Code Sections 1125 -1128. The Town may 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, N:\MGR\AdminWorkFiles\cnclrpts\Confidential Employees Compensation Plan Nov 2004.doc 11/11/2004 Confidential Employee Compensation-Plan Fl( 2004-2005 & FY 2005-2006 Page 4 2. SALARY AND OTHER COMPENSATION Town Compensation Policies (1) Total compensation to be used in the analysis of all Town compensation. (2) Marketplace consideration in establishing compensation. (3) Average orabove-.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. a. Compensation The salary schedules 'listed in Appendix A shall be effective August 29, 2004, October 24, 2004, and June 19, 2005. b. Overtime With the .approval of the Town Manager, and when necessary to perform essential work, a Department Head may require an employee to work at :any time other than during regular working hours until such work is completed. Overtime is scheduled solely at the discretion of the Town. An employee directed by his/her Department Head or the Town Manager to work in excess of forty (40) hours in a designated work week, shall be compensated at the rate of one and one-half times the employee's regular hourly rate. Hours charged to available paid leave, shall be counted as time worked for computation of overtime payments.. Compensatory time can not be used in the pay-period in which it is earned. .Compensatory time off shall not be regarded as 'hours worked for the purposes of overtime calculation. A Department Head or the 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 Town will attempt to avoid scheduling overtime that conflicts with an .employee's personal plans unless it cannot be avoided. N:\MGR\AdminWorkFiles\cnclrpts\Confidential Employees Compensation Plan Nov 2004.doc 11/11/2004 Confidential Employee Compensation Plan fY .2004-2005. & FY 2005-2006 Page 5 c. 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 any employee, who.., after leaving his/her ..place of .duty, is required to return to :duty without advance notice. of at'least fourteen (14) calendar days. There will be a three (3) hour minimum at the call back overtime rate #or Town commission/council meetings which begin (2) two hours or more than either fihe start of or end of the employee's regularly scheduled shift. With Department Head approval an employee may flex their schedule at the straight-time rate in-lieu of the call back provision of this paragraph. d. Deferred Compensation A Town program of deferred compensation shall be available to Confidential employees. The Town makes no representation on the merit of either the plan or 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. e_ Out-of-Classification Pav It is the intent of the Town, whenever possible., to avoid working an employee out of classification for a prolonged period of time. Compensation for out-of-classification work shall be an additional 5% of the regular pay of the employee's permanent classification or the first step of the .higher classification., whichever is .greater. Employees appointed to work out-of-.class will receive out-of-classification pay beginning the first day of the .out-of-classification assignment. Performance of duties as part of a vacation relief .does not automatically 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 of an authorized, funded, permanent posifiion in another classification by a qualified employee. "Essential functions" shall be as defined in the Essential Functions section of the appropriate job specification. Any employee who "believes they are working out-of-class may request. a review of their classification. N:\MGR\AdminWorkFiles\enclrpts\Confidential Employees Compensation Plan Nov 2004.doc 11/11/2004 Confidential Employee Compensation Plan FY .2004-2005 & FY 2005-2006 Page 6 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. The provision of bilingual pay will be evaluated annually in a manner prescribed by the Town, and continued or discontinued based on operational need. If bilingual -pay is discontinued, the effective date shall be the beginning of the first full .pay period in January. g. Holiday Compensation {1) Employees will receive eight (8) hours of regular pay when scheduled to have the holiday off (eight [8] hours total). If the. employee's scheduled day off occurs on a recognized Town holiday,. the employee will receive eight (8) hours of holiday pay (e.g. eight hours in addition to .all time worked or paid in the pay period). In lieu of receiving eight (8) hours of holiday .pay, an employee may elect to receive eight (8) hours of compensatory time. (2) Employees who are required. to work on a 'holiday 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) 'Da~Off If the holiday occurs on a normally scheduled day off, the employee will receive eight (8) 'hours of holiday pay and eight (8) hours of straight time plus time and one-half for the hours actually worked on the holiday (twenty-eight {28] hours total) (3) Notwithstanding any other .provision of this section, employees who have voluntarily requested and received approval to work an .alternate or flexible work-work schedule shall: {a) Use accrued vacation time, accrued comp. time, or personal leave to make wp the difference between the provided eight N:\MGR\AdminWorkFiles\cnclrpts\Confidential Employees Compensation PlanNov 2004.doc 11/11/2004 Confidential Employee Compensation Plan FY 2004-2005 & FY 2005-2006 Page 7 .hours of 'holiday pay and the .actual number of regularly scheduled working :hours on a designated 'holiday. For .example., if a holiday falls on a day the employee is scheduled to work nine (9) hours, he/she shall receive eight (8) hours of holiday pay and be required to use other accrued leaves to make up the extra hour for that day. (b) Receive eight (8) hours of floating .holiday pay when a holiday occurs on a regularly scheduled- day off. The floating holiday has no cash value and must be used by the end of the fiscal year in which it is .granted or it shall be forfeited. h. 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. 3. 'PAYROLL/PAYCHECKS 'Payroll Periods A biweekly payroll period shall be used subject to the following condition: Employee pay shall not be withheld more than seven (7) calendar days following the end of the payroll period; however, overtime may appear on the next payroll period if it is worked following. the submittal of time sheets:, or during a pay period with ~ a Town holiday which requires early, submittal of time sheets and -early distribution {before .Friday) of pay checks.. This may also occur at the end of the fiscal or calendar year. Paychecks The Town shall .provide an optional electronic check deposit system for .use by employees. Every effort will be made to make paychecks available to employees as soon as checks are signed and .ready for distribution. N;\MGR\AdminWorkFiles\cnclrpts\Confidential Employees Compensation P1anNov 2004.doc 11./11/2004 Confidential Employee Compensation 'P1an FY 2004-2005 & FY 2005-2006 Page 8 4. HOLIDAYS The following shall be observed as eight (8) .:hour :holidays for Confidential employees: 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. 5. INSURANCE'PROGRAMS a. Life Insurance Town shall pay premiums on rninimurn coverage of $50,000 and $50,000 Accidental Death 'benefit. Additional life insurance may be purchased by the employee. b. Disability Insurance The Town will provide a Short Term Disability policy effective the `8th calendar day; coverage of 60% of weekly earning up to maximum of $4300/week for 12 weeks. Long Term Disability benefits begin. on the 91st day of disability; coverage of 60% of monthly earnings. up to a maximum of $6000/month. c. Workers' Compensation Employees who sustain illness or injury arising out of and in the course of their Town emp oyment shall receive benefits equal to those mandated by .the State of California plus. the difference between -State mandated .benefits and the equivalent of 100% of the individual's regular salary, if any, paid by the Town for the first thirty (30) calendar days of N:\1VIGR\AdminWorkFiles\cnclrpts\Confidential Employees Compensation Plan Nov 2004.doc 11/11/2004 Confidential Employee Compensation Plan FY 2004-2005 & FY 2005-2006 Page 9 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. Ln such case, the Town would provide no further compensation and there would be no charge to leave balances. An employee without leave balances shall only be paid State mandated benefits. Effective the 31st day of disability, the employee may a ect to supplement the State mandated benefits with. the Town's Short. Term/Long Term Disability Insurance. STD benefits will be reduced by the amount of periodic payments the employee is entitled to through Worker's Compensation.. d. Liability Insurance The Town shall continue to maintain a liability insurance policy covering .all Town employees in the execution of their official duties. e. Employee Assistance Program The Town shall contract to provide an Employee Assistance Program and the premiums shall be paid by the Town. f. Unemployment .Insurance The Town will provide .State mandated unemployment insurance benefits through a reimbursement program. g. Vision Plan Employees shall be enrolled in the Town's vision-care health plan (VSP Plan B, with $20 co-pay). The Town shall pay for employee-only coverage. At their own cost., employees may enroll eligible dependents upon hire, during open enrollment and/or when a qualifying event occurs. h. Retirement Health Savings Plan Subject to the issuance of a private letter ruling from the I.R.S., the Town will establish a Retirement Health Savings Plan through ICMA or similar vendor, by December 20, 2004. Contributions to such plan shall be made by employees and shall be voluntary. N:\MGR\AdminWorkFiles\enclrpts\Confidential Employees Compensation Plan Nov 2004.doc 11./11/2004 Confidential Employee Compensation Plan FY 2004-2005 &'FY 20D5-2006 Page 10 6. CASH ALLOCATION PLAN foi- employees hired prior to November 15, 2004, the Town shall provide the following cash allocation for benefits; effective .July 1, 2.004 $794.09 per .month; effective January 1, 2D05, $800 per month. Employees hired on after November 15, 2004, shall be .,provided a cash allocation for benefits of $400 per month. Benefits that can be purchased through the cash allocation plan include medical., dental and vision insurance. These benefits are available on a pre-tax basis. If the premium cost of the health ,plan exceeds the Town contribution, the employee shall pay through payroll deduction the difference between the monthly .premium and the amount contributed by the Town. With the exception of dental insurance, there will be an annual open-enrollment period... Upon .proof of alternate medical coverage, employees may .choose to receive part or all of their cash allocation in cash. Any .amount- received as cash is taxable.. Employees electing to receive cash have the option of receiving two (2) equal payments in December and June each year, or of receiving payment in the first two paychecks of each month (twenty-four [24] times a year).. Pre-tax benefits available in the program are medical, vision, and dental insurance. Medical benefits are available through the Public Employee's Retirement Health Benefits Program. Dental insurance is available through Delta .Dental Plan. Vision insurance is available through VSP. 7. FAMILY MEDICAL INSURANCE'PLAN In lieu of the cash allocation provided .above in Section 6, employees 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 (Bay .Area rates) provided through the California Public Employees' Retirement System Wealth Benefit .Medical Program. If the premium .cost of the health plan exceeds the Town contribution, .the employee shall pay through payroll deduction the difference between the monthly premium and the amount contributed by the Town. The .employee shall forfeit any balance should the Town's contribution exceed the cost of the premium. Employees choosing this option in lieu of the cash allocation provided in Section 6, will also be provided up to $65 per month toward the cost of dental coverage.. If the premium cost of the dental plan exceeds the Town contribution, the employee shall pay through payroll deduction the difference between the monthly premium. and the amount contributed by the. Town. The employee shall forfeit .any balance should the Town's contribution exceed the cost of the premium. N:\MGR\AdminWorkFiles\cnclrpts\Confidential Employees Compensation Plan Nov 2004.doc 11/11/2004 Confidential Employee Compensation .Plan FY 2004-2:005 & FY 2.005-2006 Page11 8. .Employees choosing this option shall not receive the cash allocation described in Section 6. 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. PUBLIC EMPLOYEES' RETIREMENT SYSTEM (P:E.R.S.1 a. 2% at 55 The Town's contract with the Public Employees' Retirement System (PERS) includes the 2% at 55 retirement formula for eligible .Miscellaneous Town employees (regular employees). b. EPMC Conversion Effective June 25, .2000, the Town ceased its participation in the Public Employees' Retirement System "Employer Paid Member Contribution" (EPMC) provision, Concurrently, the Town began .paying in salary to Confidential employees the equivalent dollar amount of the former EPMC (7% of salary). Employees shall be responsible for making their own PERS member contributions. The Town also has adopted a .Resolution materially the carne as that recommended by the .Public Emp ogees' Retirement System to .implement the provisions of 414 (h) (2) of the Internal Revenue Code (IRC). This Resolution applies to ail Confidential employees 9. BENEFITS ACCRUAL/PAYMENT & APPLICATION There shall be no accrual or payment of benefits during unauthorized leave, suspension without pay,. or leave without .pay except as mandated by .Federal and State regulations. Employee benefits shall be prorated to a level equal to the regularly scheduled hours. For example, an employee working a regular schedule of 32 hours ,per week will earn 80% of the benefits provided to an 8mployee working a regular schedule of 40 hours per week. ~ . N:\MGR\AdminWorlcFiles\cnclnpts\Confidential Employees Compensation Plan Nov 2004.doc 11/11/2004 t' Confidential 'Employee Compensation Plan FY 2:004-2005 & FY .2005-2006 Page 12 10. VACATION .AND LEAVES a. Vacation Scheduling All vacation and annual leave scheduling is subject to the approval of the Town. Employees are required to request time off in advance.. The earlier requests are submitted, the greater likelihood the request will be'honored. Every attempt will be made by the Town to .honor pre-approved vacations. If apre-approved vacation. is canceled due to the scheduling needs of the Town, the Town will .reimburse the employee for verified deposits for non- reimbursable reservations. All verifications must be submitted prior to the vacation formally being canceled. b. Vacation Accrual Vacation shall be accrued as follows.: 0 to 36 months - 10 days per year {3.08 hours per pay ...period) 37 to 60 months - 16 days per year (4.92 hours per pay period) 61 to 120 months - 21 days per year (6:46 hours per pay period) 121 to 180 months - 23 .days per year (7.08 hours per pay period) 181 months & over - 25 days per year (7.70 .hours per .pay ..period) Maximum accrual shall be 310 hours. If an employee has reached the maximum accrual level, no more vacation will be accrued until the accrual level is reduced below the maximum amount. Employees are eligib a 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 convert accrued vacation leave {not annual leave) to sick leave on an hour for hour basis once per fiscal year. Employees must .request this conversion in writing to the Finance Department which will have thirty (30) business days to .make the requested change. c. Sick Leave Sick leave shall accumulate at the rate of eight (8) hours per month (3 70 hours per pay period); to a maximum of one-thousand (1000) .hours. The Town may require employees to provide a doctor's statement as proof of illness for any use of sick leave beyond one (1) working day.. N:\MGR\AdminWorkFiles\cnclrpts\Confidential Employees Compensation Plan Nov 2004:doc 11/11/2004 Confidential Employee Compensation Plan FY 2004-2005 & FY 2005-2006 .Page 13 d. Sick Leave Cash-Out .Program Employees who terminate employment with the Town, or once a year ih 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 SO% ~In order to be .eligible for the sick leave cash-out program, an employee must have a sick leave accrual balance of at least 150 hours after the annual cash-out. Employees working less than #u1l-time shall have the 150 hour balance- pro-rated, based on hours worked. Employees who terminate with a sick .leave balance of at least 150 hours may cash-out their entire balance .pursuant to the schedule above. Employees hired prior to November 15, 2004, upon retirement, may .convert 100% of their accumulated sick ..leave to a dollar equivalent at their hourly rate of pay at the time of retirement. This amount shall be 'held in an account. The employee's portion of medical ..payment will be withheld from their monthly retirement payment by P.E.R.S.. The Town .agrees to ...pay the retiree quarterly in advance on the first pay ,period of January,. April, July, and October of each year after retirement. The first payment will be prorated to the nearest quarter. The retiree's. .portion of medical ,,payments will be paid from this account by the Town until all monies are depleted from the account or the retiree dies, whichever occurs first. This account. will .not accrue 'interest and will not 'be paid in cash to the retiree or any beneficiaries. The retiree shall be responsible for 100% of their share of future .medical insurance payments once the account is exhausted.. The Town has elected to participate under the Public Employees' Medical and Hospital Care Act, .and pursuant to that Act, the Town's contribution for each retired employee or survivor shall be increased annually as specified in Resolution No. 19.91-194. e. Personal Leave Twenty-four (24) 'hours will be available per calendar year. Personal leave may not be accumulated from year-to-year nor is it subject to cash-out at any time. Any .unused personal leave at the end of the calendar year shall be forfeited. N:\MGR\AdminWorkFiles\cnclrpts\Confidential Employees Compensation Plan Nov 2004.doc 11/11/2004 Confidential Employee Compensation Plan fY 2004-.2005 & FY 2:005-2006 Page 14 .Medical/Maternity/Family Leave Medical, maternity and family leaves and benefits shall be granted in accordance with State and Federal law., including the continuation of emp ogee salary and benefits. The Town may, at its discretion, approve leave beyond the specific amount provided by law. g. 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. h. Disaster Leave Leave is available for employees for disasters declared by federal, State, County., or Town officials if those disasters :affect all or a portion of the area within twenty (20) miles of Town Hall. .Leave is subject to scheduling by the Town. Employees shall be allowed to charge time off to accumulated overtime.., vacation hours, sick leave hours or annual leave hours {in that order). Military Leave Military leave and benefits shall be granted in accordance with State .and Federal law, including the continuation of employee salary and benefits.. j. 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. k. 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 continuation. N:\MGR\AdminWorkFiles\cnclrpts\Confidential Employees Compensation Plan Nov 2004.doc .11/11/2004 Confidential .Employee Compensation Ptan FY 2004-2005 & FY 2005-2006 Page 15 Vacation, sick leave, annual .leave, or time worked sha11 not be used intermittently during an extended leave to interrupt a determination that an employee is on .leave with no pay. In accordance with State and Federal law, no empioyee on maternity or family leave will 'be disadvantaged with respectto seniority entitlement. 1. .Leave Balances Vacation, annual leave., :and accumulated overtime will be paid ofF upon resignation, retirement, or dismissal at 100% of value effective the last full work-day with the Town. Sick .leave may be cashed out as described above in Section d. In the event of an employee's death, vacation, annual leave, and accumulated overtime leave balances shall be paid to the employee's estate. m. 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. time bank be established. If the employee is not capable, a Department Head., after consulting with and receiving approval from an employee's family member, may request that a catastrophic time bank be established. The request shall be in writing and shall be directed to the Town Manager. The bank will enable other employees to donate accrued CTO, vacation, annual leave, or sick leave to the requesting employee. All donations must 'be made in writing on a form prescribed by the Town and shall be limited to no more than four (4) hours per donation, in one (1) hour increments. Donations to an established catastrophic time bank are final and shall not be returned to the donor. N:\MGR\AdminWorkFiles\cnclrpts\Confidential Employees Compensation Plan Nov 2004,doc 11/11/2004 (~ Confidential Employee Compensation Plan FY 2004-2005 & FY 2005-2006 Page 16 11. MISCELLANEOUS 'ISSUES a. 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." N:\IVIGR\AdminWorkFiles\cnclrpts\Confidential Employees Compensation Plan Nov 2004.doc 11/11/2004 APPENDIX A TOWN OF LOS GATOS RANGE AND STEP TABLE (.Effective October 24, :2004) Confidential Classifications RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 2138 $19.55 $20.52 $21.55 $22.63 $23.76 $25.52 .2276 .$22.44 $23.56 $24.74 $25.97 $27.27 $29.21 2373 $24.72 $25.96 $27.25 $28.62 $30.05 $32.13 2398 $25.35 :$26.61 $27.94 $29.34 .$30.81 $32.93 2511 $28.38 :$29.79 $31..28 $32.85 $34.49 $36.79 Incentive pay {e.g. bilingual .pay) is equal to 2.5% above the regular compensation. Confidential employees receive a 5% differential rate above the TEA equivalent range. Lead pay is equal to 5.0% above the regular compensation Class Code Position Equivalent TEA Range 1200 Deput .Clerk 2138 1725 Office Clerk 2138 1700 '.Human Resources Specialist 2276 4950 Secreta /Chief of Police 2276 1150 Senior Deput Clerk 2276 1300 Secreta (Town Attonne 2373 1450 Executive Assistantto the Town Mana er 2398 1650 Administrative Anal.. st 2511 1.350 Le al Assistant 2511 1820 Accountant 2511 Reflects .05% increase 11./11/2004, 11:46 AM N:\MGRWDMINWORKFILES\CNCLRPTS\Update Conf Employee Salaries October 24,x1s