Loading...
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 ~ 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 ~ ~. 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. N:\MGR\AdminWorkFiles\cnclrpts\Tea Final MOU 2004 2006 (Nov 5).doc 11/11./2004 Page 1 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. N:\MGR\AdminWorkFiles\cnclrpts\Tea Final MOU 2004-2006 (Nov 5).doc 11/11/2004 Page 2 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; N:CMGR~AdminVVorkFiles\cnclrpts\Tea Final MOU 2004-2006 (Nov 5).doa 11/11/2004 Page 3 (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. N:\MGR\AdminworkFiles\cnclrpts\Tea Final MOU 2004-2006 (Nov 5).doc 11/11/2004 Page 4 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.. N:\MGR\AdminworkFiles\cnclrpts\Tea Final MOU 2004-2006 (Nov 5),doc 11/11/2004 Page 5 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 N;\MGRWdminlNorkF.files\cnclrpts\Tea Final MOU 2004-2006 (Nov 5).doc 11/11/2004 ..Page 6 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. N:\MGR\AdminWorkFiles\cnclrpts\Tea Final MOU 2004-2006 (.Nov 5).doc 11/11/2004 Page 7 ~' 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). N:\MGR\1WdminWorkFiles\cncirpts\Tea Final MOU 2004-2006 (Nov 5).doc 11/11/2004 Page 8 i 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 N:\MGRWdminworkFiles\cnclrpts\Tea Final MOU 2004-2006 (Nov 5).doc 11/11/2004 Page 9 ~ ~ 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. N:\MGR\AdminVVorkFiles\cnclrptslTea Final MOU 2004-2006 (Nov 5).doc 11/11/2004 Page 10 / ~~ 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 N:\MGRWdminworkFiles\cnclrpts\Tea Final MOU 2004-2006 (Nov 5).doc 11/11/2004 Page 11 r 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; N:\MGR\AdminWorkFiles\cnclrpts\Tea final MOU 2004-2006 (Nov 5J.doc 11/11/2004 Page 12 r (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... N:\MGRWdminWorkFiles\caclrpts\Tea Final MOU 2004-2006,(Nov 5).doc 11/11/2004 Page 13 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. N:\MGR\AdminWorkFiles\cnclrpts\Tea'Final MOU 2004-2006 (Nov 5).doc 11/11/2004 Page 14 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 N:\MGR~AdminWonkFileslcnclrpts\Tea .Final MOU 2004-2006 (Nov 5),doc 11/11/2004 Page 15 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 N:\MGRWdminWorkFiles\cnclrpts\Tea Final MOU 2004-2006 (Nov 5).doc 11/11/2004 .Page 16 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. N\MGRWdrninWorkFiles\cnclrpts\Tea Final MOU 2004-2006 (Nov 5).doc 11/11/2004 Page 17 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. N:\MGR\AdminWorkFiles\cnclrpts\Tea Final MOU 2004-2006 (Nov 5).doc 11/11/2004 Page 18 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: N:\MGR\AdminWorkFiles\cnclrpts\Tea Final MOU 2004-2006 (Nov 5).doc 11/11/2004 Page 19 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. N:\MGRWdminworkFileS\cnclrpts\Tea f=inal MOU 2004-200.6 (Nov 5).doc 11/11/2004 Page 20 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. N:\MGR\AdminWorkFiles\cnclrpts\Tea Final'MOU 2004-2006 (Nov 5).doc 11/11/2004 Page 21 ~ { 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. N:\MGR\AdminWorkFiles\cnclrpts\Tea Final MOU 2004-2006 (.Nov 5).doc 11/11/2004 :Page 22 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. N:\MGR\AdminWorkFiles\cnclrpts\Tea Final MOU 2004-2006 (Nov'5).doc 11/11/2004 'Page 23 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. N:\MGR\AdminWorkFiles\cnclrpts\Tea Final'MOU 2004-2006 (.Nov 5).doc 11/11/2004 Page 24 r 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. N:\MGR\AdminWorkFiles\cnclrpts\Tea Final MOU 2004-2006 (Nov 5).doc 11/11/2004 Page 25 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 N:\MGR\AdminWorkFileslcnclrpts\Tea final MOU 2004-2006 (Nov 5).doc 11/11/2004 Page 26 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. N;\MGR\AdminworkFiles\cnclrpts\Tea final MOU 2004-2006 (.Nov 5).doc 11/11/2004 Page 27 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) N:\MGR\AdminWorkFiles\cnclrpts\Tea Final MOU 2004-2006 (Nov 5).doc 11/11/2004 Page 28 ~~ 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