2004-139-Approving The Memorandum Of Understanding Between The Town Of Los Gatos And The Town Employees Association For The Period June 20, 2004 Through November 1, 2006i
RESOLUTION NO.2004-139
RESOLUTION OF THE TOWN OF LOS GATOS
APPROVING THE MEMDRANDUIVI OF UNDERSTANDING BETWEEN THE TOWN OF
LOS GATOS AND THE. TOWN EMPLOYEES ASSOCIATION FOR
THE PERIOD JUNE 20, 2004 THROUGH NOVEMBER 1, 2006
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 cope of representation, and
WHEREAS, the members of the Town Employees Association bargaining team
have indicated that they will recommend to their membership that they ratify the proposed
Memorandum of Understanding,.
.RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa
Clara, State of California, that the Town Council approves the Memorandum of Understanding
between the Town of Los Gatos and the Town Employee Association (TEA) for the period June
20, 2004 through November 1, 2006 as presented in Exhibit A; and that the Town Manager is
hereby authorized to sign the agreement on behalf of the Town.
PASSED AND ADOPTED at a regular :meeting of the Town Council of the
Town of Los Gatos, California, held on the 6"' day of December, 2004 by the following vote:
COUNCII. MEMBERS.:
AYES: Steve Glickman, Diane McNutt, .Joe Pirzynski,
Mayor Mike Wasserman
NAYS: None
ABSENT: None
ABSTAIN: Barbara Spector
SIGNED: G~.~~ilrr-..._
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLE - K A ' 2 IST ATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
TOWN OF LOS GATOS
AND THE
TOWN EMPLOYEES ASSOCIATION
MEMORANDUM Of UNDERSTANDING
JUNE 20, 2004 -NOVEMBER 1, 2006
TABLE OF :CONTENTS
SectionTitle Page
PREAMBLE .................,..........,.............,......,....................... .............. 1
TERM ............................................................................................................ 1
GOAL ... ........................,.......................,...,..........,....................................,.... 1
1. SCOPE OF REPRESENTATION .................................................................. 2
2. TOWN EMPLOYER -EMPLOYEE. RELATIONS......... .................................. 2
a. T.E.A. Rights ......................,.,..........,.......,...,................................
....... 2
b. Town Employer-Employee Relations Resolution ............... ,.......,.,, 2
c. Employee Rights.........,, ...................................................................... 3
d. Management Rights ............................................................................ 3
3. COMPREHENSIVENESS OF AGREEMENT......,..., ..................................... 4
4. SAVINGS CLAUSE ....................................................................................... 4
5. PAYROLL DEDUCTION .......,..... .................,..................... ............... 4
6. NON=DISCRIMINATION .............,..........,..,.,..,............................................... 5
6.1 General Provision Regarding Americans With Disabilities Act............ 5
7. EMPLOYMENT ................................................................ ........................... 5
a, Step Placement for New Hires. ........................................................... 5
b. Probationary Period ............................................................................ 5
c. Performance Evaluations ...................................,,.............................., 5
d. Promotions .......................................................................................... 6
e. Work Day/Week ................................................................... ... 7
f. Layoff Policy ........................................................................................ 7
g. Outside Employment .........................................................................., 12
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h. Reclassification ................................................................................... 12
8. SALARY AND OTHER COMPENSATION........................ .............._........,..... 12
a. Town Compensation Policies .............................................................. 12
b. Compensation..... ...................,..................................................,......... 13
c. Overtime .............................................................................................. 13
d. Call Back ....................,...........,............................................................ 14
e. Deferred Compensation ...........................................................,.......... 14
f. Out-of-Classification Pay ..................................................................... 14
g. Bilingual Incentive Pay ........................................................................ 15
h. Uniform Allowance ...............,..........,,.................................................. 15
i. Exceptional Performance Bonus ......................................................... 15
j. Holiday Compensation .~...,.......,........... ................................................ 15
k. Testimony for Town Matters....., .......................,.................................. 17
I. Retirement Health Savings 'Plan ..............................,.......................... 17
9. PAYROLL/PAYGHECKS ............................................................................... 17
a. Payroll Periods ..........................,.......................................:...........,...... 17
b. Paychecks..........., ......................................................,...............,........ 17
10. HOLIDAYS ..................................................................................................... 18
11. INSURANCE PROGRAMS ..........:...,.. .............. 18
................................. ......
a. Life Insurance ............................................................ ...................,. 18
'b. Disability lnsurance ............................................................................. 18
c. Workers' Compensation.,. ....................,...............,.....,...............,.,...... 19
d. Liability Insurance ............................................................:.................. 19
e. .Employee Assistance Program ........................................................... 19
f. Unemployment Insurance ...............................................................,.. 19
g. Vision Plan ......... ............................:.............................,..................... 19
12. CASH ALLOCATION PLAN ............:................
............................................. 19
13. FAMLLY MEDICAL tNS'URANCE PLAN ..............................,.............. 20
14. PUBLIC EMPLOYEES RETIREMENT SYSTEM ........................................... 21
a. 2% At 55 .............................:............................................................... 21
b, E',PMC Conversion............... ..............................,................................, 21
15. BENEFITS ACCRUAL/PAYMENT.. ........................................:..... ........... 21
16. VACATION AND LEAVES ........... ....................
................................_............. 21
a. Vacation and Annual Leave Scheduling . .................:.........,..,.........._., 21
b. Vacation Accrual .., ...................,...........,......................................,....:.. 22
c. Sick Leave........................ ...............................,.......................:........... 22
d. Sick .Leave Cash-Out Program ............. ............................................. 22
e. Annual Leave ..........................................:.......,................................... 23
f. Personal: Leave ..........., ..............................,.................,.....,................ 23
g. Medical/Maternity/Family Leave.,...........: ..........................................,.. 24
h. Bereavement Leave ........ .................................................................... 24
i. Disaster Leave .............................................,..................................... 24
j. Military Leave ............................................................................:... ..
... 24
k. Jury Duty........,. ..............................,.............,...............................,...... 24
I. Leave Without Pay ......................................................_....................... 24
m. Leave Balances ................................................................................... 25
n. Catastrophic Time Bank ...................................................................... 25
17. GRIEVANCE PROCEDURE ................................................,......................... 25
1$. MISCELLANEOUS ISSIIES ............ .............................................................. 27
a. Personnel Rules ......................................................................:........... 27
b. Personnel Manual. ......................................._............._.........__..----------- 27
c. Mileage Reimbursement ......:....:......................................................... 27
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d. Vehicle Acquisition .......................................................................:...... 27
e. Discipline .........................................................................,.
..................
28
f. Library Card .........................,...............,.,....:........,.............................. 28
g. Benefit Application ...... ........................................................................ 28
19. TRAINING PAY ............................................................................................. 28
20. TOWN VEHICLES ..........................:.............................................................. 28
21. COMPLETE AGREEMENT ........................................................................... 29
Signature Page......... .......................,...,......................,..........................,....... 29
APPENDIX A -Scope of Representation and Salary Range .................................... 30
APPENDIX B1 - Bi-Weekly Salary Schedule Effective October 24, 2004.............,,.., 31
APPENDIX B2 - Bi-1Neekly Salary Schedule Effective June 19, 2005 .................... 32
APPENDIX B3 - Bi-Weekly Salary Schedule Effective July 30, 2006 ...................... 33
APPENDIX C -Pay and Classification System ........................................................ 34
APPENDIX D -Resolution 1991-194. ....................................................................... 35
APPENDIX E - 4/10 Sideletter ...................................,........,..................................... 37
.APPENDIX F - `9/80 Sideletter........, ...................,..................................................... 43
TOWN OF LOS GATOS
AND THE TOWN EMPLOYEES ASSOCIATION
COMF~EHENSIVE 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 app y to represented employees assigned to those classifications
listed on .Appendix. "A". When classifications are created which fall .under the
representation of T.E.A., this understanding shall also apply. This agreement supersedes
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 ofthe 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
This Memorandum of Understanding shall commence on June 20, 2002 and terminate on
November 1, 2006.
GOAL
This Memorandum of Understanding (MOU) .has been prepared in a spirit of cooperation
between T.E.A. and the Town. The purpose of this MOU is to define all .presently known
issues concerning employment, foster a sense of team work between T.E.A. and the Town,
create conditions under which the highest quality of public service is .delivered.
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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. islisted in 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. shad 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. Oral reprimands and performance
evaluations are not included in the above. To the extent possible,
disciplinary and grievance matters shall be considered during normal working
hours and with pay.
T.E.A. shall have access to its members., bulletin boards, and Town. mail
system on Town time.
Up to five (5) 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 17 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 ]ocations. T.E.A. general membership meetings
will continue to be held during Junch 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.
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c. Employee Rights
The Town .adopts, in principle.., the following rights, duties and responsibilities
of its employees:
(1) Organize and select leaders and representatives.
(2) Employee .and Town actions shall be governed by the Memorandum
of Understanding (MOU), personnel rules and Town policies.
(3) At T.E.A.'s request the Town Manager shall meet twice during the
term of this agreement with T.E.A. to discuss matters of employee
interest.
(4) Utilization of the Disciplinary Procedure (see Resolution 1974-41 or its
successor, if any during the term of this MOU, and Ordinance No.
1593). '
(5) Right to request a review of his/her classification and receive a
response to the request.
d. Management Rights
The rights of the Town include, but are 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 for employment
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;
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(10) Take all necessary action to determine when an emergency exists.
and to carry out its mission in emergencies including the requirement
that employees work overtime. Any question .regarding the existence
of an .emergency is determined by the Town Manager, whose decision
hail be final;
(11) Exercise control over its organization and the technology of
performing its work;
(12) Refer any question .regarding implementafion or interpretation of the
M:O.U. to the Town 'Manager or the Town Personnel Officer for a
determination.
3. COMPREHENSIVENESS OF AGREEMENT
a. The Town and T.E.A. agree that this agreement represents all wages, hours..,
and working conditions subject to the meet and confer process and available
to employees.
b. In the event that a local, State or Federal law significantly impacts the terms
of this MOU, the Town will meet and consult with T.E.A. regarding its
implementation. In some cases, this may occur after the law or rule has
been adopted.
4. SAVINGS CLAUSE
If any provision or the application of any provision of this agreement as implemented
should be rendered or declared invalid by any final court action or decree or by
reasons of any preemptive legislation, the remaining sections of this agreement
shall remain in full force and effect for the duration of this agreement.
5. PAYROLL DEDUCTION
The Town will .deduct from the bi-weekly paycheck and remit to the Association,. the
normal and regularAssociation membership dues as voluntarily authorized in writing
by the employees subject to the following conditions:
a. Such deduction shall be made only upon submission of deduction form to the
Human. Resources Director. Said form shall be duly completed and signed
by the employee..
b. The Town shall not be obligated to put into effect any new, changed., or
.discontinued deduction until the pay period commencing thirty (30') days or
longerafter 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.
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6. NON-DISCRIMINATION
The Town and T.E.A. agree that all provisions of this :Agreement shall be applied
equally to all ~t~nployees covered herein without favor or discrimination.'because of
race, creed., color, sex, age.., national origin, political or religious affiliation, .marital
status, sexual orientation, or .physical or mental disability.
6.1 General Provision Regarding Americans With Disabilities Act (ADA)
A. Because the ADA requires accommodations for individuals protected
underthe 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. recognzesthat the Town has the legal obligation to meet with
the individual employee to be accomrnodated'beforeang 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 Mires
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 wll'be
evaluated quarterly. Promoted employees can be considered for satisfactory
completion of the probationary period after the six month evaluation.
Promoted probationary employees, shall have all rights under this
agreement., full and complete :access to the grievance procedure, including
instances of suspension, demotion and termination.
Any permanent employee not satisfactorily completing the probationary
period following a promotion will be reinstated totheir previous classification
in accordance with the Town Personnel Rules.
c. Performance Evaluations
The Town.:.: authorized employee per-Formance evaluation document and
program shall be used-for all employee evaluations..
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In accordance with the Personnel Rules, it is intended that performance
evaluations take place at least annually but no later than 15 days prior to the
anniversary date of the employee's date of 'hire or the date the employee
entered their classification.. 'If an employee's merit .increase 'is with'heid,
subseetuent evaluations will return to the .original anniversary date.
Employee evaluation forms shall include a section to be :checked indicating
whether an employee agrees or disagrees with his/her evaluation.
All .performance evaluations shall be discussed with the employee prior to
the evaluation being completed. Empioyees shall sign their individual
performance evaluations as evidence of discussion having taken place;
employee signature does not necessarily imply agreement with the
evaluation. An employee may attach separate written comments to his/her
evaluation.
If an employee does not receive an evaluation on the date it is due and the
supervisor subsequently finds that the employee would have been entitled to
a merit increase as of the anniversary date, the merit increase will become
effective as of the first day of the pay period in which the anniversary date
occurs..
The. Town will make every attempt to see that the performance evaluations
are completed in a timely manner.
By May 2005, the Tawn will design and implement a new employee
performance evaluation program.. The Town will meet and consult with the
TEA to provide.. the unit an opportunity to comment on the evaluation
program prior to Implementation, The design of the new program ..however,
shall tae at the Town's. discretion:
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
wi11 considerthe 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 Human Resources Department.
The Town and T.E.A. recognize the Town's sole right to determine the
method for the selection of Town employees through either an open or
promotional examination .process. If a determination is .made by the Town
that a promotional examination will be used to fill a vacant position, any
qualified employees who .participate in the examination process shalt be
allowed time off from regularly scheduled work in order to participate in the
examination process if the examination process is scheduled during the
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employee's- normal work period, There shall be no overtime paid for
participation in the examination process.
All Town job announcements shall be posted on Town bulletin boards and
circulated to :the T.E.A. President prior to public advertisement.
e. Work Day/Week
The normal workday is defined as nomore than eight{8), nine (9), ten (10),
or eleven (11,) consecutive'hours of work time, with a single lunch break. A
normal work day shall be followed by a minimum of ten (10) hours off.
The work week is defined as forty (40) hours of work during any consecutive
seven (7) day period. A minimum of one (1) forty-eight (48) hour period
without scheduled work shall be ,provided to each employee :during any
consecutive seven (7) day period with the exception that employees
employed in the Town Library shall not be scheduled less than two (2)
consecutive days off within a seven (7) day period more than thirteen (13)
times in a calendar year.
Flex-time work schedules consistent with the definitions of normal work day
and normal work week may be assigned by the Town at its sole discretion.
The Town shall provide no less than seventy-two (72) hours notice to
affected employees regarding a change in regular work schedules.
Employees who work in the Library shall be ,provided no less than fourteen
(14) calendar days notice regarding a change in regular work schedules.
Flex-days shall be identified and approved by the Department Head and
Town Manager as part of the approval of a flex-time work schedule as well
as the designation of theforty-eight (48) hour period without scheduled work.
.Employees may also make. requests fortemporary changes to their normal
work schedule. In those cases, the employee's schedule .may change with
the ap royal of the employee's department head (e.g. an earlier start and
end of shift or a change in the number of hours per day), so long as that
change does not result in overtime liability to the Town.
The Town has the discretionary right to alter work schedules without notice
during emergency situations..
f. La rLoff Policy
1. Definitions.: '
For the purposes'of this section:
a) Layoff -separation of employees from the active work force due to.change
in the duties, change in the organization or shortage of work or funds.
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b} Temporary/Seasonal%Consultant Employee- - an at=will non-benefitted
employee who is hired on a temporary. 6as'ts, usually not to exceed 180.
.::days.....
c} Hourly Employee - an at-will non~benefitted employee who works less
than~20'hours perweek and'not more than 1000'-hours in a fiscal year.
d) Probationary Employee -any employee tentatively appointed to a position
who'is continuing. the testing processto determine histher fitness for duty.
Probationary employees are new employees of-the Town or employees
under-.probationary.-status because of promotion.
e) Regular Employee -benefited emplayaes who successfully cornpiete their
probationary period and who regularlyworka minimum of 20 to 40'hours
per week.
f) 'Displaced Employee - a regular employee who is displaced by a more
senior regular employee.
g) Service seniority -consecutive time served` (based upon: number of hours
worked) as a regular employee of the Town without the employee-.being
reinstated. as defined in the. Tawn of Los Gatos Personnel- Rules and
Regulations, Section 10.6 "Reinstatement". Service seniority will not oe
.earned for standby duty, overtime work, during: periods of suspension
without pay as a result of disciplinary action, or for non-rnedicaf leave
without pay. Service Seniority for unpaid military leave will be considered
in the manner prescribed by State and Federal law.
h) Classification Seniority -the length of time-(based upon the-.number of
hours worked) the- employee has served as a. regular employee in a
classification including anytime spent in a: higher classification.'
Classification seniority will not be earned for standbyduty, overtime work,
during periods of suspension without pay as`a result ofdisciplnaryaction;
or for non-medical leave without pay. Classification Seniority for unpaid
:military leave will be considered in the manner prescribed by State and
Federal law.
i} Higher classification - a job classification in the same classification-series
in which the: maximum rate of pay is .greater than the maximum rate of
pay of he employee's current job classification.
2. Town - T.EA~ Cooperative Efforts
When the Town_determines that layoffs are imminent, it steal! providewrtten
notification. to T.E.A. Further, in the spirit of cooperation, he Town. or .the
T.E.A. may request a -meeting o jointly discuss 'alternatives to layoff,
including, but not limited to, attrition or a reduction in work hours. Every effort
shall be made to fill any vacant position(s) in the Town with qualified laid-off
employee(s).
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Notwithstanding tfe effort towork cooperatively, the Town has the exclusive
right ~o determine the methods, means,, numbers and kinds of personnel by
which services are to be provided.. The Town's :decision to make a reduction
in force and/or layoff an employees} is not. subject to the duty to meet and
confer."
3 Order of Layoff & Procedure
Whenever it is determined that a layoff must occurwithin a job classification,
the order of layoff sha(I be:
temporary/seasonal
at-will hourly
at-will probationary regular- employee
1n each type of e'mploymenf, the employee(s)-. with the.. least classification
seniority in the affected job classifications} shall be laid-off first.
In the event that two ar more employees. in a job classification have the same
level. of classificatian seniority, then he employee :with the least service.
senioritywith the Town shall be laid-off. Ifthere is no distinction between the
service seniority of two or more employees, then the employee with the:
lovvest score on the eligibility list for the current classification shall be laid-off
first.
4, Displacement Rights
An employee may displace any other employee in a lower classification
which they previously occupied if fihey have more service seniority. For a: job
classification: lower than that in which the employee holds regular-status,
seniority shall' be calculated by adding; (1) classification seniority in higher
classifications;.. (2) classification seniority in the job classification. inwhich the
employee "previously worked, and' (3) present time spent in the job
classification in which the employee is currently working.
Employees who are designated foriayoff or displacement,may elect,:in lieu
of layoff or displacement, to be reassigned to a position in a lower
classification. ln. order to displace an employee with I~ss classification
seniority, the employee noticed for layoff must have held regular status in the
classification into which he/she_is being reassigned.. An employee who
chooses to exercise their displacement rights must accept the:salary, hours
and working conditions of their new position..: An employee will be allowed
only one displacement:
An employee who exercises their displacement rights shall be paid in-the
.new job classification the alary range step closest to the salary range step
received immediatelypriortodisplacement, providing there is no increase in
salary... If the salary range step in the lower job classification. is Step- 5 or
lower, future salary:: step:... adjustment opportunities shall.. be made in
accordance with.. ..the `Town's Personnel Rules< Time. served in the job
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classification from which the displacement occurred` shalt` count toward the
:interval required' for consideration of salary step advancement.
if an employee--with regular status is unable to displace an employee in a
lower jcb classification in which- he/she'held a regular status, he/she shall be
laid-off: `
An employee may request. layoff in lieu of the opportunity to displace. by
.notifying the Human Resources Department in writing within ten (10)
`business days of certified mailing of notice of layoff. If an employee requests
ayoff in lieu of displacement,. he/she shall forfeit alf recall rights except to a
vacancy in the same classification from whichthe employee was laid-off. In
his case, the employee shall be entitled to recall rights fora period of one (1)
year from the effective date of the layoff. -
A probationary employee vvho held regular status inhis/her previous position,
and is affiected by a layoff or is displaced by an. employee,exercising fi'is/her
displacement rights,. shall return to his/her former jab classification: where.
he/she held regular status. If a probationary employee does nothave regular
status in another job classification or has. regular status in another job
classification which no longer exists, he/she will be laid-off without any right:
of recall.
5. `Seniority List
At least ten,(10) business days prior to mailing a written notice=of layoff, the
-Town shall provide a seniority list notice to affected ernployee(s} and the
current President of the. T.E.A, bargaining unit:. The seniority ~istnotice shall
shovvthe names; classification, classification seniority, service seniority, and
he process for reporting discrepancies. The seniority list shall be deemed
correct unless an employee or the T.E.A, notifies the Human Resources
Director to the contrary in writing within ten (10) business days of the delivery
and/or mailing of the seniority list.
6. Notification: of'Layoff
The Town shall send by certified mail, return receipt requested,: written: notice
of layoff to a(I affected employee(s). Such notice shall be postmarked at least
thirty{30) calendar days in advance of the effective date of layoff: The layoff
notice shall be mailed to the employee's address currently on file in the
Human Resources Department and-shall be deemed appropriatenotice. Any
ernployee'who is on a-.paid or unpaid leave shall be affected by the -layoff in
accordance with. the; provisions of this section and in the same manner as all
other employees. With such notice, the employee shall be informed of-the
rights to which she/he is entitled and the procedure o be followed. A copy of
the notice shall: also .be provided to the current President of the Town
Employees Association.
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7. Re-Employment Following Layoff/Displacement
When a vacancy occurs in a job classification,- the laid-off or displaced
employee(s) eligible to return: o that job cfassificati'on shall be recalled in the
inverse order of layoff. Employees with regular status who were laid-off or
displaced are eligible to return to the job classification in which. regular status.
is held, but shall. haver no recall.- rights to arty job: classification in which
probationary status was held at the time, of layoff or displacement.
Employee(s) shall be entitled to re-employment rights for a period of one {1)
year .:from the effective date of ,layoff` or displacement; To expedite re-
employment, mare than one (1)laid-off/displaced employee may be notified
when an opening occurs. The laid-off/displacedemployee(s)will be re-hired
in inverse order of layoff. Alaid-off/displaced employee shall be required to
meet the qualifications of the classification to which he/she is recalled.
An employee who exercises. their re-employment rights, shall be paid the
alary range step they received immediately. prior to layoff/displacement.
Future salary step adjustment-opportunities shall be made 'in accordance
with the Town's Personnel Rules. Time served`n the job classification since
the most recent step increase prior to when the layoff/displacement occurred.:,
shall count. toward the interval required for consideration of salary step
advancement.
A laid`off/displaced-employee shall lose their re-employment rights for•; 1)
resignation; 2) retirement; 3) failure to return to work when recalled by the
Town;. 4) when the Town has not recalled an employee to work fora .period
of one (1) year; and 5) termination for cause.
Laid-off Employees:. The effective date of layoff shall be the employee's last
day working at the Town. When a vacancy exists and employees are to be
re-employed, notice of the opening(s) shall be sent by certified mail,-.return.
receipt requested; to the last known address on file in the Human Resources
Department. It shall be `incumbent upon the laid-off employee to advise the
Human Resources Department in writing, via certified mail., return receipt
requested, ofany-change in'address. The laid-off employee shalFhave ten
(10) business days, following.... the .certified mailing to notify the Town in
writing, via certified mail, return receipt requested, of their intent to return to
vvork.
The laid-off employee shall have a reasonable period of time to .return to
work; not to`exceed hirty (30) calendar days. if the laid-off employee fails to
respond to the notice of re-employment within ten (10) business days, orfails
to report to work within``the reasonable time period as setforth: above,,he/she
will`forfeit all re-employment rights.
Displaced 'Employees: The, effective-date: of displacement -shall be the.
employee's last day of work in the classification from which he/she is
displaced. When a vacancy exists. and displaced employees -are to be re-
:employed,. notice of the opening(s) shall be sent by certified mail, return
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receipt requested:, to the last known address on file in the Human Resources
Department- or by hand delivery, It shall be incumbent upon the displaced
employee to advise the Human: Resources Department in writing of any
change in address. The. displaced employee shall have five (5) business
days, following receipt of certified mailing or hand deli~.ery of notice, to advise
the Town in writing of-their 'infant. to return: to-their former position. If the
displaced employee fails to respond. tothe notice of re~employmentto former
position within five (5) business days of receipt of notice, he/she will forfeit all
re-employment rights to his/her former position.
8. Fringe Benefits
Laid-off/displaced. employees shall be paid accrued leaves and related
benefits in accarda'nce with this Memorandum -of Understanding. and
applicable Town policies and rules. Employees being re-employed who
received a sick leave .pay off at the time of layoff/displacement, shall have
the uncompensated portion of their sick leave balance res#ored; provided,
however, that-only those sick leave hours accrued after re-employment shall
be applied to sick. leave payoff or retiree- medical related to a subsequent
termination...
g. Outside Employment
The Town and T.E.A. agree that outside- employment of full time T.E.A.-
represented amp ogees shall be governed by California Government Code
Sections 1125 -112:8 and that the Town shall develop and apply regulations
to assure compliance. Outside employment shall be reviewed and approved
by the Department Head and Town Manager on an annual basis.
h. Reclassification
T.E.A. recognizes the sole right of the Town to reclassify .positions..
is ~ '4/10 and 9/80 Work Schedule
Letters of agreemenf .regarding- the 4/10 -and 9180 work schedule are
incorporated herein and attached as Appendix E (4/1 Q Side-letter) and
Appendix F (9/80 Side-letter).
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;
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(1) Total compensation to be utilized in the analysis of all Town
compensation.
(2) ~ Marketplace consideration in establishing compensation.
(3) Average or .above-average total compensation for all Town
classifications.
(4j 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 shall be effective October 24,
2004,: June ;19, 2005 .anal July 3D, 2006:
c. Overtime
With the approval of the Town Manager, and when necessary to perForm
essential work, a department head may require an employee to work at any
time other than during 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 administrator or the Town
Manager to work in excess of forty (40) hours in a designated work week.,
shall be compensated at the rate of one and one-half times the employee's
regular hourly rate. Hours charged to available paid .leave, shall be counted
as time worked for computation of overtime ..payments. Compensatory time
can not be used in the pay-period 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.
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 tune 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...
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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, a#ter leaving his/her p ace of duty., is required to return to duty without
advance .notice of at least fourteen (14) calendar days.
There will be a three (3) hour minimum at the call back overtime rate for
Town commission/council meetings which'begin (2) two hours or more than
either the start of or end of the employee's .regularly scheduled shift. At the
employee's option but with'Department Head's approval, employees may flex
their schedule at the straight-time rate in-lieu of the call back .provision of this
paragraph.
e. Deferred Compensation
A Town program of deferred compensation shall be available to 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 maybe
offered bythe ,plan. The responsibility for evaluating the investment options
within the plan is the responsibility of the individual participant. The Town
shall not be obligated to offer more than one Deferred Compensation .carrier.
f. Out-of-Classification 'Pay
The Town and T,E.A. agree that it is the intent of Town management,
whenever possib e, 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 a vacation relief does not automatically-qualify as
out-of-classification.
For purposes ofthissection, snout-of-classification assignment is defined as
the full time performance of the essentialfunctions of an authorized, funded,
...permanent position ih .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.
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.
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g. Bilingual Incentive Pay
.Employees filling classifications specifically requiring bilingual ability and
passing the Town's certified examination sha11 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 dscontinued'based on operational
need, -The decision 'as to whither bilingual pay will. continue or be
discontinued shall be made by the'Town Manager, is finaF and is not subject
to grievance or appeah If bilingual pay is discontinued, -the effective date
shall be the beginning of the-first full pay period in January.
h. Uniform Allowance
{1) An .initial uniform consisting of all items on the Town-approved list
shall be supplied by the Town to new Park Services Officer and Town-
designated Community Services Officer and Parking Control Officer
employees.; thereafter the Town shall .provide incumbent Park
Services Officer employees with a uniform allowance of $500 per year
and designated Community Service Officer and 'Parking Control
Officer employees with a uniform allowance of $400 per year to be
paid in the .payroll check during January of each year.
The uniform allowance will be prorated for new employees, except
that new employees shall receive a minimum of one-half (1/2) of the
year's uniform allowance if hired after July 1.
(2) T.E.A. recognizes the Town's right to specify uniform and demand
that employees be in proper uniform at :all times.
(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/replacement of damaged articles to
the Town.
Exceptional Performance Bonus
.Effective October 24, 20Q4; the- Exceptional Performance Bonus program
shall'be eliminated. In lieu of this program, step six of all TEA classifications
shall be approximately 5% greaterthan step 5 and an additional $0.577 per
hour, as reflected in the salary schedules listed in Appendix B.
.Holiday Compensation
(1) Employees will receive eight (8) hours of regular pay when scheduled
to have the holiday off (eight [8] hours total). 1f the employee's
scheduled day off occurs on a recognized Town holiday, the
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employee will receive .eight (8) hours of holiday pay (e.g. eight hours
in addition to all time worked or paid in the pay period.). in lieu of
receiving eight (8) hours of holiday pay, an employee may elect to
receive eight (8}.hours of compensatory time..
(2) Employees who are required to work on a holiday, recognized in the
MOU, will be compensated as follows:
(a) 1/Vorkday
If the holiday occurs on a normally scheduled workday, the
employee will receive eight (8) hours of holiday pay and time
and orte-.half for the hours actually worked on the holiday
(twenty [20] hours total).
(b) Day Off
If the holiday occurs on a normally scheduled day off, the
employee will receive eight (8) hours of holiday pay and eight
(8) hours of straight time plus time and one-half for the hours
actually worked on the holiday (twenty-eight [28] .hours total.)
(c) Dispatchers
Dispatchers will receive compensation in-lieu of holiday time
off equal to eighty-eight (88) hours to be distributed as 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 j22] hours.)
(d) Park Services Officers
Parks Services Officers hired after July 1, 2002, will receive
compensation in -lieu of time off equal to eighty-eight (88)
hours to be distributed as forty-four (44) hours of base pay in
separate payroll checks to be distributed the last working week
of November and May of each year to be paid in the payroll
check.
{3) .Notwithstanding .any other provision of this section., employees who
have voluntarily requested and .received approval to work aflex-time
work schedule shall:
(a) Receive eight (8) hours of regular pay when a holiday occurs
on the agreed upon regularly scheduled work day that they do
not work {eight [8] hours total). Employees may use accrued
vacation time, personal leave, ortake unpaid leave to make up
the difference between the provided eight (8) hours of holiday
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pay and the actual number of regularly scheduled working
.hours for that day;
(b) Not receive holiday .pay when the employee's regularly
-- scheduled day off occurs on a recognized Town holiday,
(k) ,Testimony for Town Matters
Compensation for an employee subpoenaed to .provide testimony for Town
related matters and participation in any legal mafiter required as a result of
working for the Town will be reviewed on a case by case basis.
(I} ;Retirement Health Savings. Plan
The Town will adopt a Retirement Health Savings.- Plan.. through ICMA or
similar vendor, by January 1, 2005.. Contributions to such plan shall `be
made by employees and shall be voluntary.
9. PAYROLL/PAYCHECKS
a. Payroll Periods
The Town and T.E.A. agree. that a biweekly payroll. period shall be utilized
subject to the following conditions:
(1) Employee pay shall not be vvthheld 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 tune sheets :and early distribufion
(before Friday) of pay checks. 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.
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10. HOLIDAYS
The following shall be observed as eight {8) hour holidays for members of the unit:
January 1st (New Year's Day)
The 3rd Monday in January (Martin Luther King's'Birthday)
The 3rd Monday in February (President's Day)
The last Monday in May (Memorial Day)
July 4th (independence Day)
The first Monday in September (Labor Day)
Thanksgiving .Day
The Friday following Thanksgiving Day
.December 25th (Christmas Day)
Four (4)'hours each on December 24 and 31
Every day declared a holiday by the President or Governor, subject to the
Mayor also ,proclaiming the day as a holiday.
Holidays which fall on' Saturday shall be observed on the Friday prior, and
holidays which fall on Sunday shall be observed on the following Monday.
11. INSURANCE PROGRAMS
a. Life Insurance
Town to pay premiums on minimum coverage 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
$1300/week for 12 weeks.. Long Term Dsability'benefits begin on the 91st
day of disability; coverage of 60% of monthly earnings up to a maximum of
$6000/month.
c. Workers' Compensation
The Town and T.E.A. agree that employees who sustain illness or injury
arising out of and in the course of their Town employment shall receive
benefits equal to those mandated by the State of California plus the
difference between State .mandated benefits and the equivalent of 100% of
the individual's regular salary, if any, paid by the Town forthe 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.
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An employee may at his/her discretion advise the Town that he/she does
not wish to be compensated at a level above the State-mandated benefits.
In such case., the Town would .provide no further compensation and there
would be no charge to leave balances. An employee without leave
balances shall only be paid State mandated benefits..
Effective the 31 st 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 enfitled to through Worker's Compensation.
d. Liability Insurance
The Town shall continue to maintain a public officials liability insurance
policy covering all Town employees in the execution of their official duties.
e. .Employee Assistance Program
Premium shall'be paid by the Town.
f. Unemployment insurance
The Town will .provide State mandated benefits through a reimbursement
.program.
g. Vision Plan
Effective August 1, 2000, employees shall be enrolled in the Town's vision-
care health plan (VSP Plan B, with $20 co-..pay). The Town shall pay for
emp oyee-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
Employees hired priorto November 15, 2:004-shall be provided a cash allocation for
benefits as follows`.
• .From July 1, 2004 through December 31, 2004, the Town shall
provide each employee a cash allocation each month an amount
equal to the monthly cost of family coverage fior Kaiser Medical
Insurance Program provided hrpugh the California Public Employees'
Retirement System Healfih Benefit Medical Program..
• Effective January 1, 2005: $$00 per. month .($9,600 annually)
Employees hired on November 15, 2004 or later shall be provided a cash allocation
for benefits of $400 per month:
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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 contrfbuted'by the Town. With the exception of dental insurance, there will
be an annual open-enrollment period.
Employees may choose to receive .part or all of their cash allocation in cash. Any
amount received as cash is taxable. Employees electing to receive cash have the
option of receiving two (2) equal payments in December and June each year., or of
receiving .payment in the first two paychecks of each month (twenty-four [24] times a
year).
Pre-tax benefits available in the program are medical, vision, and dental insurance.
Medical benefits are .availabie through the Public 'Employees' Retirement Health
Benefits Program. Dental .insurance is available through Delta Dental Plan. Vision
insurance is availabie through VSP.
Effective January 1,:.2006, in order to be eligible to participate in the cash-
allocation program as described above, employees must eifher purchase
medics[ insurance through the Town or show proof of alternative medica'I
insurance coverage. .
13. IFAMLLY MEDICAL INSURANCE PLAN
In lieu of the cash allocation provided in Section 12, 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 ..provided
through the California Public Employees' Retirement System Health Benefit Medical
Program. If the premium cost of the health plan exceedsthe Town contribution, the
employee shalt pay through .payroil deduction the difference between the monthly
premium .and the amount contributed by the Town. The employee shall forfeit any
balance should the Town's contribution exceed the cost of the premium.
Employees choosing this option in lieu of the cash allocation provided in Section 12,
will also be provided up to $65 per month toward the cost of dental coverage. If the
premium cost of the dental plan exceeds the Town contribution, the employee shall
pay through .payroil deduction the difference between the monthly premium and the
amount contributed by theTown. The employee shall forfeit anybalance should the
Town's contribution exceed the cost of the premium.
Employees choosing this option shall :not receive the cash allocation provided in
Section 12. Pre-tax benefits available in the program are .medical., vision, :and
dental insurance. Medical benefits are available through the Public Employee's
Retirement Health Benefits Program. Dental insurance is availabie through Delta
Dental Plan, Vision insurance is available through VSP.
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14. PUBLIC EMPLOYEES' RETIREMENT SYSTEM (P,E.R.S.)
a. 2% at 55
Effective 12-16-92, the Town`s contract with the Public Employees'
Retirement System (PERS} includes the 2% at 55 retirement formula for
eligible Miscellaneous Town employees .(regular employees).
b. EPMC Conversion
Effective June 25, 2000,. the Town ceased its participation in the Public
Employees' Retirement System "Employes Paid .Member Contribution"
(E'PMC) provision. Concurrently, the Town began 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.
Thee Town has adopted:: 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 apply to all current and future .members of the TEA.
15. BENEFITS ACCRUAL/PAYMENT
There shall be no accrual or payment of benefits during unauthorized leave,
suspension without pay, or leave withoutpay exceptas mandated bythe Family and
'Medical Leave Act.
16. VACATION :AND LEAVES
a. Vacation and Annual Leave Scheduling
All vacation and annual leave scheduling is subject to the approval of the
Town. Employees are required to request time off in advance. The earlier
requests are submitted, the greater likelihood the request will 'be honored.
Every attempt will be made by the Town to honor pre-approved vacations. If
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.
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~ {
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 - 10 days per year (3.08 hours per ay ,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 31.0 .hours. If an employee has reached the
maximum accrual level., no more vacation will be accrued until the accrual
level is reduced below the maximum amount.
All represented employees will be eligible to cash-out eighty (80) hours of
vacation accruals twice each year in May and November. Income from the
cash outs will be'included in fhe first payroll check of June and December.
Employees, at their option., may deposit vacation cash-out money into
deferred compensation to the extent allowed by applicable law.. Employees,
at their option, may convert accrued vacation leave (not annual .leave) to sick
leave on an hour for hour basis once per fiscal .year. Employees .must
request this conversion in writing to the Finance Department which will have
thirty {30) business days to .make the requested change.
c. Sick Leave
Sick leave shall accumulate at the rate of eight (8) .hours per month (3.70
hours per pay period); to a maximum of one-thousand (1000) hours. The
Town may require Association represented employees to provide a doctor's
statement as proof of ..illness for any use of sick .leave beyond one (1)
working day.
d. .Sick Leave Cash-Out Program
Employees who terminate employment with the Town., or once a year in
December, may cash-out their accumulated sick leave as follows:
1 - 59 .months at 25%
60 - 119 months at 37.5%
120 months or more at 50%
In 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 full-time shall have the 150 hour
balance pro-rated, .based on hours worked. Employees who terminate with a
sick .leave balance of at least 1"50 hours .may cash-out their entire balance
pursuant to the schedule above.
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All employees hi"red ..prior to November 15, 2004, 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 emp ogee'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 refiiree'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 1 OD% 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~orsurvivor shall be increased annually as specified in
Resolution No. 1991-194 (attached as Appendix D).
e. Annual Leave
Annual leave was created. as a combination of sick .leave .and vacation
benefits.. A balance of forty (40) hours must'be .maintained to be used for
sick leave. Except in the case of sickness, annual .leave requires pre-
approval 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 it subject to cash-outat any
time.
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g. 'Medical/Maternity/Family Leave
The Town recognizes that State Government Code 12945 requires the
recognition of maternity as a .bona fide non-job-related disability with
appiicabie 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 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..
k. Jury Duty.
Employee salary and benefits are to be continued during ..periods of Gourt-
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 ortravel related compensation.
Leave Withouf 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 (ihcluding; 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 withouf 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.
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Vacation, sick leave, annual leave, or time worked shall 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 Government
Code 9--2945 and 12945.2 and federal Government Code 29, Section 28.01,
26.:54, no employee on .maternity or family leave will be disadvantaged with
respect to seniority entitlement.
rn. Leave Balances
Vacation, annual .leave., and accumulated overtime will be paid off upon
resignation., retirement, or dismissal at 100% value effective the last full
work-day with the Town. This. will terminate the employee's status as an
employee of the Town. Sick leave shall be cashed :out as per Section 16.d.
In the event of an employee's death, these vacation, annuai 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
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 Cl'O, vacation, annuai
leave, or sick leave to the requesting employee. All donations must be made
in writing on a form prescribed by the Town and shall be limited to no more
than four (4) hours per donation., in one (1) hour increments. Donations to
an established catastrophic time bank are final and shall not be returned to
the donor.
17. GRIEVANCE PROCEDURE
Grievances shall be defined as :alleged violations of this agreement or disputes
regarding interpretations, application, or enforcement of this agreement.
No act or activity which may be grievabie maybe considered for resolution unless a
grievance is filed in accordance with the procedure contained herein within thirty
(30) calendar days of the date the grievable activity occurred or the date the
emp oyee could reasonably have known such activity occurred.
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The parties agree that all grievances will be processed in accordance with the
following procedure:
Step 1
.Any ernp oyee who has a grievance shallfirst try to get it settled informally through
discussion with his/her immediate supervisorwithoutnndue delay. Every effort shall
be made to find an acceptable solution at the lowest possible level of supervision. If
the employee is not satisfied with the informal resolution, then a formal grievance
must be filed within thirty (30) calendar days of the date the grievable activity
occurred or the date the employee could reasonably have known such activity
occurred.
Step 2
If, after such discussion the employee does .not believe the grievance has been
satisfactorily resolved, he/she may file a formal appeal in writing to his/her
department head within ten (10) calendar days after receiving the informal decision
of his/her immediate supervisor.
The department head receiving the formal appeal shall enter his/her written decision
within ten (10) calendar days .after receiving the appeal.
Step 3
If, after .receipt of the written decision of the department head the employee is still
dissatisfied., he/she may appeal the decision of the department head to the Town
Manager. Such appeal shall be made by filing a written appeal to the Town
Manager within fourteen (14) calendar days after receipt of the written decision of
the department head. The Town Manager shall review the decision of the
department head, and his/her decision within thirty (30) calendar days after the
appeal is made..
Step 4
If, after receipt of the written decision of the Town Manager the employee is still
dissatisfied., he/she may appeal the decision of the Town 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 appeal. The Personnel Board shall conduct a closed
hearing giving opportunity for presentation by the employee or his/her
.representative and the Town .Manager.. The Personnel Board shall render a written
decision within thirty (30) calendar days after the appeal is made. If, after receipt of
the written decision of the Personnel Board., the employee is still dissatisfied, he/she
may appeal the decision of the Personnel Board to the Town Council. Such appeal
.shall be made by filing a written appeal with the Mayor. The .Mayor shall schedule a
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i. l
closed hearing with The Town Council within thirty (30) calendar days after receipt
of the appeal. At this hearing, the emp oyee and the Town Manager may make
presentations. The Town Council decision shall be final. The Town Council shall
render a decision within thirty (30j :calendar days after the hearing. An .open. hearing
may be conducted by the Personnel Board or Town Council with mutual consent of
the Town and ,person(s) filing the grievance.
The time limitations for filing and responding to grievances may be waived or
extended by written mutual agreement of the parties. If either party to the grievance
so requests, an informal hearing shall be conducted at the department 'head or
Town Manager appeal levels. Employees may be represented by counsel or other
person at any stage in the grievance process.
If the employee does not receive a response from the supervisor or department
head within the time limits specifiied in steps 1 and 2 above., the grievance will
proceed for review to the next level in the grievance procedure.
18. MISCELLANEOUS ISSUES
a, Personnel Rules
It is the Town's intent to make copies of the Personnel 'Rules readily
available. In this regard a copy of the Rules will be kept on file with each
Department Head, in employee lounges., in the Manager's Office, the Clerk's
Office and the Library Reference Section. These copies will be updated
periodically.
b. Personnel Manual
The Town shall include appropriate sections of this agreement in an
Employee Personnel'Manual.
c. Mileage'Reimbursement
Employees using personal vehicles on official Town business shall be
reimbursed at the mileage rate established by the 'I.R.S. Private vehicles
used for Town business shall comply with all applicable California Vehicle
Code Sections commencing with Section 16430 through 164'84 pertaining to
"Insurance or Proof of Ability to Respond to Damages."
d. Vehicle Acquisition
T.E.A. recognizes the Town's sole right to determine the specifications of all
Town vehicles. The Town will seek employees .input when considering
vehicle acquisition.
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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 may receive anon-resident
library card at no cost.
g. Benefit Application
Employee- benefits shall be prorated to a level equal #o 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 employee
working a regular schedule of 4Q ~haurs per ~nreek:
19. TRAINING PAY
Communication Dispatchers assigned to train and evaluate newly hired
Communication Dispatchers will receive a premium pay of 5% for the actual hours
worked while providing authorized training.
20. .TOWN VEHICLES
Town vehicles are not to be taken home.
{The contract continues on the next page)
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~~
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 #his MOU were arrived at after that full opportunity. This MOU may
only be amended during its term by the parties' mutual agreement in writing unless
compelled by State or Federal law. This MOU is intended #o encompass all matters
subject to meeting and conferring between the Town and the Association, and it
supersedes and .replaces any and :all past practices., whether directly referred to or
otherwise addressed in any way in this MOU.
FOR THE TOWN OF LOS GATOS: FOR TOWN EMPLOYEES ASSOCIATION:
DEBRA fIGONE
Town Manager
PAMELA JACOBS
Assistant Town Manager
REGINA FALKNER
Community Services Director
ELLEN ALDRIDGE
Avery & Associates
DEBRA CALDWELL
Community Services Officer
T.E.A. President
MARILYN COSDEN
Administrative Secretary
STEPHANIE GUTOWSKI
Project Coordinator
JUDY COUGHLIN
Library Assistant
DENISE BELL
Employee Representation Services., Inc.
;i:
( (.
APPENDIX A
Scope of Representation and Salar y Ranae
Job Title Ranae
Account Clerk 2138
Account Technician 2322
Administrative Secretary 2276
Administrative Specialist 2322.
Assistant Civil Engineer/Assistant Engineer 2636
Assistant Plan Check Engineer 2636
Assistant Planner 2511
Associate Civil Engineer 2777
Associate Librarian 2373
Associate .Planner 2728
Building Inspector 2636
Circulation Supervisor 241.6
Code Compliance Officer .2391
Communications Dispatcher 2453
Community Service Officer 2391
Community Services Program Analyst 2511
Community Services Program Coordinator 2391
CounterTechnician 2352
Crime Analyst 2523
Engineering Inspector 2544
Engineering Technician 2448
finance Project Coordinator 2636
Housing Coordinator 2587
Junior Civif Engineer 2560
'Librarian 2475
Library Assistant 2203
Library Clerk 2138
MIS Specialist 2276
Park Services Officer 2391
Parking Control Officer 2138
Plan Check Engineer 2777
Plan Check Technician 2465
Planner 2587
Planning Techhician 2391
Police Records Specialist ~ 2251
Principal Librarian 2523
Project Coordinator 2587
Public Works Specialist ~ 2276
Secretary 2138
Secretary'll 2179
Secretary 111 2227
Senior Account Clerk 2251
Senior Account Technician 2465
Senior Building Inspector 2777
Senior Coordinator 2524
Senior Engineering Inspector 2660
Senior Engineering Technician 2550
Volunteer Coordinator 2281
APPENDIX B-1
TO1NN OF '.LOS GATOS
HOURLY SALARY SCHEDULE
(Effective October 24, 2004)
Town Employees Association
RANGE .STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6
2138 $19.55 $20.52 $21.55 $22.63 $23.76 .$25.52
2179 $20.36 $21.38 $22.45 .$23.57 $24.75 $26.57
2203 $20.86 $21.90 $23.00 $24.14 $25.35 $27.20
2227' $21.36 $22.43 $23.55 $24.73 $25.97 $27.84
2251 $21.88 $22.98 $24.13 $25.33 $26.60 $28.50
2276 $22.44 $23.56 .$24.74 .$25.97 $27.27 $29.21
2291 $22.77 $23.91 :$25.11 $26.36 $27.68 $29.64
2322 $23.49 $24,67 $25.90 $27.1'.9 $28.55 $30.56
2352 $24.21 $25.42 $26.69 $28.02 $29.42 $31.47
2373 $24.72 $25.96 $27.25 $28.62 $30.05 $32.13
2391 $25.17 $26.43 $27.75 $29.14 $30.59 $32.70
2398 $25.35 $26.61 $27.94 $29.34 $30.81 $32.93
2416 $25.81 $27.10 $28.45 $29.87 $31.37 $33.51
2453 $26.78 $28.12 $29.52 $31.00 $32.55 $34.75
2465 $27.10 $28.46 $29.88 $31.37 $32.94 $35.17
2475 $27.37 $28.74 $30.18 $31,69 $33.27 $35.51
2511 $28.38 $29.79 $31.28 $32.85 $34.49 $36.79
2514 .$28.46 $29.88 $31.38 $32.95 .$34.59 $36.90
2523 $28.72 $30.15 $31.66 $33.25 $34.91 $37.23
2524 $28.75 $30.18 $31..69 $33.28 $34.94 $37.27
2550 $29.50 $30.98 $32.53 $34.1.5 $35.86 $38.23
.2560 $29.80 $31..29 $32.85 $34.50 $36.22 $38.61
2587 $30.62 $32.15 $33.75 $35.44 $37.21 $39.65
.2636 $32.15 $33.76 $35.45 $37.22 $39.08 $41..61
2660 $32.93 $34.58 .$36.31 $38.12 .$40.03 $42.61
2728 $35.25 $37.01 $38.86 $40.81 $42.85 $45.56
2777 :$37.02. $38.87 $40.81 $42.85 $45.00 $47..82
Incentive pay (e.g. bilingual pay) is equal to 2.5% above the regular compensation.
Reflects 3% increase
APPENDIX B-2
TOWN OF LOS GATOS
HOURLY SALARY SCHEDULE
(Effective June 19, 2005)
Town Employees Association
RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6
2138 $1.9.93 $20.93 $21.97 $23.07 $24.23 $26.01
2179 $20.76 $21..80 $22.89 $24.04 $25.24 $27:08
2203 $21.27 $22.33 $23.45 $24.62 $25.85 $27.72
2227 $21.78 $22.87 $24.02 $25.22 $26.48 $28.38
2251 $22.31 $23.43 $24.60. $25.83 $27.12 $29.05
2276 $22.88 $24.02. $25.22 $26.48 $27.81 $29.78
2291 $23.22 $24.38 $25:60 $26.88 $28.23 $30.22.
2322 $23.95 $25.15. $26.41 $27.73 $29.12 $31.15
2352 $24.68 $25.92 $27.21 $28.57 $30.00 $32.08
2373 $25.21 $26.47 $27.79 $29.18 $30.64 $32.75
2391 $25.66 $26.95 $28.30 $29.71 $31.20 $33..33
2398 $25.84 $27.14 $28.49 $29.92 $31..41 $33.56
2418 $26.31 $27.63 $29.01 $30.46 $31.98 $34.16
2453 $27.31 $28.67 $30.1.0 $31'...61 $33.19 $35.43
2465 $27.63 $29.02 $30.47 $31..99 $33.59 $35.85
2475 $27.91 $29.31 $30.77 $32.31 $33.93 $36.20
2511 $28.93 $30.38 :$31.90 $33.50 $35.17 $37.51
2514 $29.02 $30.47 $32.00 $33.60 .$35.28 $37.62
2523 $29..28 ~ '$30..75 $32.29 $33.90 $35.59 $37.95
2524 $29.31 $30.78 $32.32 ~ $33.93 $35.63 $37.99
2550 $30.09 $31.59 $33.17 $34.83 $36..57 $38.97
2560 $30.39. $31.91 $33.50 $35.18 $36.94 $39.36
2587 $31..22 '$32.78 $34.42 $36.14 $37..95 $40.42
2636 $32.7.9 $34.42 $36.15 $37.95 $39,85 $42.42
2660 $33.58 $35.26 $37.02 $38.87 $40.82 $43.44
2728 $35.94 $37.74 $39:63 $41..61 $43.69 $46.45
.2777 $37.75 .$39.63 $41.62 $43.70 $45.88 $48:.75
Incentive pay (e.g. bilingual pay) is equal to 2.5% above the regular compensation.
Reflects 2% increase
~~
APPENDIX B-3
TOWN OF LOS GATOS
'HOURLY SALARY SCHEDULE
(Effective July 30, 2006.)
Town 'Employees Association
RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6
2138 $20.12 $21.13 $22.19 $23.30 $24.46 $26.26
2179 $20.97 $22.01 $23.11 $24.27 '$25.48 $27.34
2203 $21.47 .$22.55 $23.68 $24.86 $26.10 $27.98
.2227 $22:00 $23.10 $24.25 $25.46 $26.74 $28.65
2251 $22.53 $23.66 $24.84 $26.08 $27.39 $29.33
2276 $23.10 $24.26 $25.47 ..$26.74 $28.08 $30.06
2291 $23.45 $24.62 .$25.85 .$27.15 $28.50 $30.50
.2322 $24.19 $25.40 $26.67 $28.00 $29.40 .$31.45
2352 $24.92 $26.17 $27.48 .$28.85 $30.29 $32,39
2373 $25.45 $26.72 $28.06 $29.46 $30..94 $33.06
2391 $25.91 $27...21 $28.57 $30.00 $31.50 $33.65
2398 $26.10 $27.40 .$28.77 $30.21 $31.72 $33.88
.2446 $26.57 $27.90 $29.29 $30.76 $32.30 $34.49
.2453 $27.57 $28.95 $30.40 $31.92 $33.51 $35.77
2465 .$27.90 $29.30 $30.76 $32.30 $33.92 $36.19
2475 $28.18 $29.59 $31;07 $32.63 $34.26 $36.55
2511 $29.22 $30.68 .$32.21 $33.82 $35.51 $37.87
2514 $29..30 $30.77 $32.31 $33.92 $35.62 $37.98
2523 $29.57 $31.05 $32.60 $34.23 $35.94 $38.32
2524 $29.60 $31.08 $32.63 $34.26 $35.98 $38.35
2550 $30.38 $31.90 $33.49 $35.17 $36.92 $39.35
2560 $30.68 $32.22 $33.83 $35.52 $37.30 $39.74
25.87 $31.52 $33.10 $34,75 $36.49 $38.32 $40.81
2636 $33.10 $34.76 $36.50 $38..3.2 $40..24 $42.83
2660 $33.91 $35.60 $37.38 $39.25 $41.22 $43.85.
2728 $36.29 $38.11 $40:01 $42.01 $44.11 $46.90
2777 $38.11 $40.02 $42.02 $44.12 $46.33 $49.22
Incentive pay (e.g. bilingual pay) is equal to 2.5% above the regular compensation.
Reflects 7 % .increase
(~
APPENDIX C
PAY AND CLASSIFICATION SYSTEM
Consideration for advancement from step to step within a range shall occur at
intervals of one (1) ;year in length effective on each anniversary date.. Each employee
shall receive an annual performance evaluation. This evaluation will be the basis for
step advancement. Such advancement#o the nextstepshallonly 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 satisfactoryas determined'by the supervisor's
annual evaluation,. the department manager hall deny advancement to the next step.
The department manager has the option, at their discretion, based on a
recommendation by the supervisor, to recognize improving performance by granting
or denying a half-step increase in lieu of denying. the advancement to the next step
for unsatisfactory performance.
If the employee's performance is exceptional as determined by the annual evaluation
of the supervisor on the performance evaluation form, the department manager with
the approval of the Town Manager has the discretion to grant a two step or :one and
one-half step increase. It is intended that this be used sparingly so that it can be
reserved to recognize the truly exceptional emp ogee 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.
~~ ~ :~
RESOLUTION 1991-194
-~ RESOLUTION ELECTING TO BE SUBJECT TO
PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT
ONLY WITH. RESPECT TO
MEMBERS OF A SPECIFIC EMPLOYEE ORGANIZATION
.AND
FIXING THE EMPLOYER'S CONTRIBUTION. fOR
EMPLOYEES AND THE EMPLOYER'S CONTRIBUTION
FOR ANNUITANTS AT'DIFFERENT AMOUNTS
'WHEREAS, Government Code Section 22850.3 providesthat a contracting agency may elect upon.
proper application to participate under the .Public Employees' Medical and Hospital Care Act with respect
to a recognized employee organization only; and
WHEREAS, Government Code -Section 22754 (g) defines any Special .District as a contracting
agency;. and..
WHEREAS, Government Code Section 22857 provides that a contracting agency may fix theamount
of the employer's contribution for employees and the .employer's contribution for retired employers and
surv'NOrs at different amounts .provided that the monthly .contribution :for retired employees and survivors
shall be annually increased by an~amount not ess than 5 percent of the monthly contribution for employees,
unfit such time as the amounts are equal; and .
WHEREAS, a Special`~District is hereby defined as anon-profit, self governed public agency within
the. State of California, and comprised solely of public employees performing a governmental rather than
proprietary function; and
WHEREAS, Town of 1_os Gatos, hereinafter referred to as Special District is an entity meeting the
.above .definition; and
WHEREAS, the Special District desires to obtain for the members of elected officials, who are
employeesand annuitants of the Agency, the benefit of the Act and to accept the liabilities and obligations
of an employer .under the Act and Regulations. .
NOW, THEREFORE, BE IT RESOLVED, that 'the Special District desires to obtain :for elected
officials, who are employees and annuitants of the agency, the benefit ofthe Act and to accept theliabilitfes
and obligations of an employer under-the Act and Regulations; and
BE IT FURTHER RESOLVED, that the Special District elects, and It does hereby elects, to be
subject to the provisions of the .Act; and
BE IT FURTHER RESOLVED, that the employer's contribution for each .employee shall `be the
amount necessary to .pay the full cost of his enrollment, including the enrollment of his family members.'in
a health'benefits plan upto a maximum of the' Kaiser North premium rates (1, 2 and 3 party) per month; and
BE ITfURTHER RESOLVED, that the employer's contribution for each retired~employee or survivor
shall be the amount necessary to pay the cost of h(s enrollment, Including the enrollment of his family
members, 'In a health benefits plan up to a .maximum of $1..00 per month; and .
BE IT FURTHER RESOLVED, that the employer's contribution for each retired employee or survivor
shall be increased annually by 5% percent of the monthly contribution for employees, until such time as the
contributions are equal, and that the contributions far active and retired .employees and survivors shall be
in addition to those amounts contributed by the Special .District for administrative fees and to the
Contingency Reserve Fund; and ~ .•
APPENDIX D
~ i~
,,~-~
BE IT FURTHER RESOLVED, that the executive body appoint and direct, and does hereby appoint
and direct, the Town Manager to file with the Board of Administration of the Public Employees' Retirement
System a verified copy of this .Resolution, and to perform on behalf of said Special District all functions
required of R under the Act and Regulations of the Board of Administration; and
BE ITFURTHER RESOLVED, that coverage undertheAct be effective retroactive toAugust 1, 1991'.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California, field on the 3rd day of September, 1991 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, and Eric D. Carlson '
ABSENT: Brent N. Ventura
SIGNED:
VICE-MAYOR OF THE TOWN-OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF'.LOS GA
LOS GATOS, CALIFORNIA
MGR ORD-RES A:\RESDS\090391: R1
JYC~ ~': G . l~i/
Town of .Los Gatos -TEA Side-letter of Agreement
Alternative Work Schedule - 4/10 (AMENDED 8/20/03)
The Town and the TEA jointly agree to implement an alternative work week schedule., a
4/10 schedule, in the Police Department under the following Germs and conditions.:
1. A 4/10 work schedule is mutually defined as an employee schedule of eight
separate work days for atotal-of 80 hours during aTown-designated fourteen-day
;pay period. '.During a designated fourteen-day pay period, the schedule includes
working four 10-haurdays in one week; and working four 10-hour days in the other
week. For payroll purposes., the work week will begin and end at midnight Saturday.
2. The Police Chief, with the approval of the Town 'Manager, has the exclusive
authority to designate positions eligible to .participate in the 4/10 work schedule.
The decision of the Police Chief regarding designation of eligible positions is final
and is not subject to any grievance procedure.
3. The Police Chief and the Town Manager have the exclusive right to terminate the
4/10 work schedule forTF_A represented employees., individually and/orcollectively.
The Town is in noway required to meetand.conferwith the TFr4 priortoterminating.
the 4/10 work schedule and termination of the 4/10 schedule is not subject to any
grievance procedure. Participating employees will be provided written notification
at least 72 hours prior to termination of the 4/10 work schedule.
4. ~ Employees who elect to participate in the 4/10 work schedule must receive
authorization from theirsupervisor priorto working any regularly scheduled day off,
5. An employee assigned to an alternate work week may use accrued vacation time,
accrued comp. time, or personal leave to make up the difference between the
.. ,provided eight hours of holiday pay and the actual number of regularly scheduled
working hours on a designated holiday. For example, if a holiday falls on a day the
.employee is scheduled to work ten (10) hours, he/she shall receive eight (8) hours
of holiday pay and be required to use other accrued leaves to make up the extra two
(2):hours for that day.
~6. Effective 8/20/03, if a holiday occurs on a day that. an. employee is not scheduled
to work, he/she shall receive eight (8) hours of floating holiday, which has no cash
value. The floating 'holiday must be used by the end of the fiscal. year ,in which it
is granted or it shall be forfeited.
7. An employee who electsto take a regularly scheduled 10-hour day off, shall use 10
hours of accrued leave time as appropriate (e.g, vacation, compensatory-time-off
[CTO], sick leave,. etc.).
8. There will be no change in the accrual schedule or maximum. accrual level of any
paid leaves.
APPENDIX E
f•
Town of Los Gatos -,TEA.Side-letter of Agreement (Amended 8/1.1103)
Allternative Work Schedule - 4/10
Page 2
9. Bereavement leave provided pursuant to the Town of Los Gatos -- T. E. A.
memorandum of understanding permits up to five days (forty hours) of paid leave.
Employees on an alternate work week schedule,. will continue to be ..provided forty
{40) hours of bereavement leave. '
10. A normal work. day will include an unpaid meal break of/z hour.
11. This side-letter of agreement shall apply to all TEA represented employees in the
Police Department who are eligible and elect to participate in the 4/10 alternative
~~ work week schedule..
12. TEA represented employees are integral to the success of the 4110 work schedule
and understand-the :ongoing need to provide. outstanding customer service.
TEA 'President
~-
Tow Man ger
-- kl~.lc
Date
0 /~r73
Date
~~~.ca cz.~.
Towln.of .Los Gatos -TEA Side-letter of Agreement
4/10 Alternative Work Schedule - PCO's (Amended 8120/03)
The Town and the TEA Jointly agree to implement an alternative work week schedule, a
4/10 schedule for the Parking Control Officers (PCO), under the following terms and
conditions:
1. A 4110 work schedule is mutually defined as an employee schedule of eight
separate work days for a total of 80 hours during aTown-designated fourteen-day
pay period. During a designated fourteen-daypay period, the schedule includes
working four 10-:hour days in one week, and four 10-hour days in the other week.
For payroll purposes, the work week will begin and end at 12:00 midnight each
Saturday.
2. The Police Chief, with the approval of the Town Manager, has the exclusive
authority to designate PCO positions eligible to participate in the 4/10 work
schedule. The decision of the DepartmentDirectorregarding designation of eligible
positions is final and is not subject to any grievance .:procedure.
3. The Police Chief and the Town Manager have-the exclusive right to terminate the
4/1`0 work schedule forTF_i4 represented employees, individuaQy and/or collectively,
The Town is in no way required to meet and confer with the TF~4 prior to terminating
the 4/10 work schedule and termination of the 4/10 schedule is not subject to any
:grievance procedure. Participating employees will be provided written notification
at least 72 hours prior to termination of the 4/10 work schedule.
4. Employees who elect to participate in the 4/10 work schedule must receive
authorization from their supervisor prior to working any regularly scheduled day off.
5. An employee assigned to an alternate work week may use accrued vacation time,
accrued comp.. time, or personal leave to .make up the difference .between the
provided eight hours of holidaypay and the actual .number of regularly scheduled
working hours on a designated holiday. For example, if a'holiday falls. on a day, the
employee is scheduled to work ten (10) hours; he/she shall receive eight (8) hours
of holiday pay and be required to'use other accrued leaves to make up the extra two
(2) hours for that day.
6. Effective 8/20/03 ifa holiday occurs on a daythat an employee is :not scheduled to
work, he/she shall receive eight (8) hours of floating holiday, which has no cash
value. The floating holiday must be used by the end of the fiscal year in which it
is granted or it shall be forfeited, '
?. An employee who elects to take a regularly scheduled 10-hour day off, shall use 1`0
hours of accrued leave time as appropriate (e.g. vacation.,. compensatory-time-off
[CTO], sick'leave, etc,).
Town of Los Gatos -TEA Side-Iette~ of Agreement (Amended 8!20103)
4L1O Alternative~Uor'JC Schedule - PCO's
Page 2
8. These will be no change in the accrual schedule ar maximum accrual level of any
paid leaves.
9. Bereavement leave provided pursuant to the Town of Los Gatos -- T. E, A.
memorandum of understanding permits up to five days :(forty hours) of paid leave,
Employees on an alternate workweek schedule, will continue to be provided forty
(40) hours of bereavement leave.
10. A normal work day will include an unpaid meal break of/z hour,
11. This side-letter of .agreement shall apply to all TEA represented employees who
participate in the PCO 4/10 alternative work week schedule.
12. TEA represented employees are .integral to the success of the 4/10 work schedule
and understand the ongoing need to provide outstanding customer service.
~4. ,P,Lt . ,~.i?~ .1 D.~P~
TEA President
Debra i ,Town Manager
~~ac~~ ~~
Date
a-~'
Da e
`1(1~ a.c l.s~~
f•
Town of Los Gatos -TEA Side-letter of Agreement
4/1'0 Alternative Work Schedule - PC4's
The Town and the TEA jointly agree to implement an alternative work week schedule, a
4/10 schedule for the Parking Control Officers (PCO), under the following terms and
conditions:
1. A 4/10 work schedule is mutually defined as an employee schedwle of eight
separate work days fora total of 80 hours during aTown-designated fourteen-day
payperiod. During a designated fourteen-day pay.period, the schedule includes
working four 10-hour days in one week, and four 10-.hour days in the other week.
For payroll purposes, the work week wilt begin and end at 12:00 midnight each
Saturday.
2. The Police Chief, with the approval of the Town Manager, has the. exclusive
.authority to designate PCO positions eligible to participate in the 4/10 work
schedule. The decision ofthe Department Directorregarding designation of eligible
positions is final and is not subject to any grievance procedure.
3. The :Police Chief and the Town Manager have the exclusive right to terminate the
4/10 work schedule forTEA represented employees, individually and/or collectively.
The. Town is in noway required to meet and confer with the TEA prior to terminating
the 4/10 work schedule and termination of the 4/10 schedule is not subject to any
grievance procedure. Participating employees will be provided written notification
at least 72 hours prior to termination of the 4/10 work schedule.
4. 'Employees who elect to participate in the 4/10 work schedule must receive
authorization from their supervisor prior to working any regularly scheduled day off.
5. An employee assigned to an alternate work week may :use accrued vacation time,
accrued comp. time, or personal leave to make up the difference 'between the
provided eight hours of holiday pay and `the actual number of regularly scheduled
working hours on-a designatedholiday. For example, if a holiday fa11s on a day the
employee is scheduled to work ten (10)~ hours, he/she shalt receive eight (8) hours
of holiday pay, and be required to use other accrued leaves to make up the extra two
(2) hours for that .day. ~ .
6. An employee who elects to take a regularly scheduled 10-hour day off, shall use 10
hours of accrued leave time as appropriate (e.g. vacation, compensatory-time-off
[CTO], sick leave, etc.).
7. There will be no change in the accrual schedule or maximum accrual level of'any
paid leaves.
f
Town.. of Los Gatos -TEA Side-letter of Agreement
4/10 Alternative Work Schedule - PCO's
Page 2 --
8. Bereavement .leave provided pursuant to the Town of Los Gatos -- T. E. A.
memorandum of understanding permits up to flue days (forty hours) of paid leave..
Employees on an alternate workweek schedule; will continue to be provided forty
(40) .hours of bereavement leave.
9. A normal work day will include an unpaid meal .break of % hour.
10. This. side-.letter of agreement shall apply to all TEA represented employees who
participate in the PCO 4/1D .alternative work week schedule. '
11. TEA represented employees are integral to the success of the 4/10 work schedule
and understand the ongoing need to provide outstanding customer service.
~~
TEA President De ra F e, wn Manager
a~/~~ ~ ~3
.Date Dat
f
Town of Los Gatos -TEA Side-letter of Agreement
_ __ ~ Alternative Work Schedule - 9/80
The Town and the TEA jointly agree to implement an alternative work week schedule, a
9/80 schedule,. under the following terms and conditions:
1. A 9/80 work schedule is mutually defined as ~an employee schedule of nine separate
work days for a total of 80 hours during aTown-designated fourteen-day pay,period.
During a designated fourteen-day pay period, the schedule includes working four
9-hour days and one 8-hour day in one week; and working four 9 hour-days in the
other week. For payroll purposes., the workweek will begin and end between 11:00
a.m. and at 1:00 p.m. on each Friday, depending on the assigned work hours.
2. Each '.Department Director, with the approval of the Town Manager, .has the
exclusive authority to designate positions eligible to .participate in the 9/80 work
schedule. The decision of the Department Director regarding:designation of eligible
positions is final and is not subject to any grievance procedure.
3. Each Department .Director and the Town :Manager have the exclusive right to
terminate the 9/80 work.-schedule for TEA represented employees, individually
and/or collectively. The Town is in noway required to meet and confer with the TEA
prior to terminating the 9/80 work schedule and termination of the 9/80 schedule is
not subject to any grievance procedure. Participating employees will be provided
written :notification at least 72.hours prior to termination of the 9/80 work schedule.
4. .Eligible employees may decline to participate in the 9/80 work schedule.
5. When TEA represented employees are required to attend training on their regularly
scheduled Friday off, their work schedule shall be changed for the 2-week pay
period including thetraining, to a traditional 8 hour, five-day a week schedule. This
change will not require advance or written notice and will occur automatically~when
a TEA employee participates in training on a regularly scheduled Friday off. This
provision is intended to eliminate any extra overtime liability to the Town as a result
of 9/80 work schedule.
6. Employees who -elect to participate in the 9/80 work schedule must receive
authorization from their supervisor priorto working any regularly scheduled day~off.
7. An employee assigned to an alte.mate work week may use accrued vacation time,
accrued comp, time, or .personal leave to make up the difference between the
provided eight hours of holiday pay and the actual number of regularly scheduled
working hours on a designated holiday. For example, if a holiday falls on a day the
employee is scheduled to work nine (9) hours, he/she shall receive eight (8) hours
of holiday..pay and. be required to use other accrued (eaves to make up the .extra
hour for that day.
APPENDIX F
Town of Los Gatos -TEA Side-letter of Agreement
Alternative Woriir~5cfiedule - 9180
Page 2
8, If a holiday occurs on a day that an employee is not scheduled to work, he/she shall
receive eight (8) hours of floating holiday, which has no cash value. The floating
holiday must be used by the end of the :fiscal year in which it is granted or it shall
be forfeited.
9. An employee who elects to take a regularly scheduled 9-hour day off, shall use 9
.hours of .accrued leave time as appropriate (e.g. vacation, .compensatory-time-off
[CTO], sick leave:, etc.).
10. There will be no change in the accrual schedule or rnaximurn accrual level of any
paid leaves.
11. Bereavement leave provided pursuant to the Town of Los Gatos -- T. E. A.
memorandum of understanding permits up to flue days (forty hours) of paid leave.
Employees on an alternate work week schedule, will continue to be .provided forty
(40) hours of bereavement leave.
12. No more. than :two times during a fiscal year, upon ..approval from the Department
Director, ~ eligible employees shall be permitted to' switch their work schedule
{traditional or 9/80). Eligible TEA employees in the .Police 'Department shall be
permitted to switch their work schedule (traditional or 9/80) only at shift .change.
13. This side-letter of agreement shall apply to all TEA..represented employees who are
eligible and elect toparticipate in the 9/80 alternative work week schedule.
14. TEA represented employees are integral to the success of the 9/80 work schedule
and understand the ongoing need to provide outstanding customer service.
TEA President
Hum ourc s Manager
~la~ ~0/
Date
8.27 ,ca j
Date
RESOLUTION NO.2004-139
i~
RESOLUTION OF THE TOWN OF LOS GATOS
APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF
LOS GATOS AND THE TOWN EMPLOYEES ASSOCIATION FOR
THE PERIOD JUNE 20, 2004 THROUGH NOVEMBER 1, 2006
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 bargaining team have
indicated that they will recommend to their membership that they ratify the proposed Memorandum
of Understanding,
RESOLVED, by the Town Council of the Town of .Los Gatos, Countv ~f " a
Clara, State of California, that the Town Council approves the Mem~r~-
between the Town of Los Gatos and the Town Employee .Association
2004 throw. h November 1 2006 as resented in Exhibit A• and that ~
g p ,
authorized to sign the agreement on behalf of :the Town.
PASSED AND ADOPTED at a regular meeting of the Tc .. ~~ of
Los Gatos, California, held on the 15`h day of November, 2004 by the fo, ~.~~ng vote:.
COUNCIL MEMBERS: :Sandy Decker, Diane McNutt, Joe Pirzynski, Mike Wasserman, Mayor
Steve Glickman
AYES: None
NAYES: None
.ABSENT: None
ABSTAIN: None
SIGNED: /s/ Steve Glickman
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
/s/ Marlyn 7. Rasmussen
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N:\SHAREWdopted Reso-Ords\Manager\11-15-04 corrected:DOC Attachment 2