2003-089- Amending The Memorandum Of Understanding Between The Town Of Los Gatos And The Town Employees Association For Fiscal Years 2002-2003 And 2003-2004RESOLUTION 2003 - 89
RESOLUTION OF THE TOWN OF LOS GATOS
AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF
LOS GATOS AND THE TOWN EMPLOYEES ASSOCIATION FOR
FISCAL YEARS 2002 -2003 AND 2003 -2004
WHEREAS, the current Memorandum of Understanding between the Town and the
Town Employees Association included a provision for the parities to meet and discuss revisions to
the layoff language; and
WHEREAS, representatives of the Town and the Town Employees Association, have
met and conferred in good faith within the scope of representation, and have reached an agreement
regarding revisions to the layoff language; and
WHEREAS, the members of the Town Employees Association have ratified the
proposed amended layoff language;
RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa
Clara, State of California, that the Town Council approves the amended 2002 -2004 Memorandum
of Understanding between the Town of Los Gatos and the Town Employee Association as presented
in Exhibit A., and the Town Manager is hereby authorized to sign the amendment 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 4" day of August, 2003 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman,
Mayor Sandy Decker.
None
None
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
,LOS GAT
ATTEST:
CLERK OF THE TOWN OF S GATOS
LOS GATOS, CALIFORNIA
, CALIFORNIA
AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE TOWN OF LOS GATOS AND
THE TOWN EMPLOYEES ASSOCIATION FOR
FISCAL YEARS 2002 -2003 AND 2003 -2004
This Amendment to the Memorandum of Understanding is entered into this day of
August 2003, and is effective as of August _, 2003, by and between the Town of Los Gatos, and
the Town Employees Association. .
RECITALS:
WHEREAS, the Town and the Town Employees Association executed a Memorandum of
Understanding (MOU) for the period June 23, 2002 through June 19, 2004; and
WHEREAS, the MOU included a provision for the parities to meet and discuss revisions
to the layoff language; and
WHEREAS, representatives of the Town and the Town Employees Association, have met
and conferred in good faith within the scope of representation, and have reached an agreement
regarding revisions to the layoff language; and
WHEREAS, the Town Employees Association has ratified the proposed amended layoff
language, and the Town Council has authorized the proposed amendment;
IT IS THEREFORE AGREED by the parties as follows:
1. Section 7.f. Layoff Policy shall be deleted in its entirety and replaced with the following:
f. Layoff Policy
1. Definitions
For the purposes of this section:
,!Ex& /8)r A
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.
b) Temporary /Seasonal /Consultant Employee — an at -will non - benefitted employee who is
hired on a temporary basis, usually not to exceed 180 days.
c) Hourly Employee — an at -will non - benefitted employee who works less than 20 hours per
week 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 process to determine his /her fitness for duty. Probationary employees
are new employees of the Town or employees under probationary status because of
promotion.
e) Regular Employee — benefitted employees who successfully complete their probationary
period and who regularly work a 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 Town
of Los Gatos Personnel Rules and Regulations, Section 10.6 "Reinstatement ". Service
seniority will not be earned for standby duty, overtime work, during periods of suspension
without pay as a result of disciplinary action, or for non - medical 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 standby duty, overtime work, during periods
of suspension without pay as a result of disciplinary action, 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 the employee's current job
classification.
2. Town — T.E.A. Cooperative Efforts
When the Town determines that layoffs are imminent, it shall provide written notification
to T.E.A. Further, in the spirit of cooperation, the Town or the T.E.A. may request a meeting
to 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).
Notwithstanding the effort to work cooperatively, the Town has the exclusive right to
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 employee(s) is
not subject to the duty to meet and confer.
3. Order of Layoff & Procedure
Whenever it is determined that a layoff must occur within a job classification, the order of
layoff shall be:
temporary /seasonal at -will
hourly at -will
probationary
regular employee
In each type of employment, the employee(s) with the least classification seniority in the
affected job classification(s) shall be laid -off first.
In the event that two or more employees in a job classification have the same level of
classification seniority, then the employee with the least service seniority with the Town shall
be laid -off. If there is no distinction between the service seniority of two or more employees,
then the employee with the lowest 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 they 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 in which the employee previously worked, and (3) present time spent in the job
classification in which the employee is currently working.
Employees who are designated for layoff or displacement may elect, in lieu of layoff or
displacement, to be reassigned to a position in a lower classification. In order to displace an
employee with less 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 salary range step closest to the salary range step received immediately prior
to displacement, 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 classification from
which the displacement occurred shall 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 job
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 layoff in lieu of displacement, he /she shall forfeit
all recall rights except to a vacancy in the same classification from which the employee was
laid -off. In this case, the employee shall be entitled to recall rights for a period of one (1) year
from the effective date of the layoff.
A probationary employee who held regular status in his /her previous position, and is affected
by a layoff or is displaced by an employee exercising his /her displacement rights, shall return
to his /her former job classification where he /she held regular status. If a probationary
employee does not have 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 employee(s) and the current President of the T.E.A.
bargaining unit. The seniority list notice shall show the names, classification, classification
seniority, service seniority, and the 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
all 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
appropriate notice. Any employee 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 to be followed. A copy of the notice shall also be provided to
the current President of the Town Employees Association.
7. Re- Employment Following Layoff/Displacement
When a vacancy occurs in a job classification, the laid -off or displaced employee(s) eligible
to return to that job classification 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 have no recall rights to any 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, more than one (1) laid- off /displaced employee may be notified
when an opening occurs. The laid- off /displaced employee(s) will be re -hired in inverse order
of layoff.
A laid- 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 salary 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 in
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 for a 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, of
any change in address.
The laid -off employee shall have 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 work.
The laid -off employee shall have a reasonable period of time to return to work, not to exceed
thirty (30) calendar days. If the laid -off employee fails to respond to the notice of re-
employment within ten (10) business days, or fails to report to work within the reasonable
time period as set forth 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 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 delivery of notice, to advise the Town in writing of their intent to return to
their former position. If the displaced employee fails to respond to the notice of re-
employment to 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 accordance
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 restored; 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.
2. All other terms and conditions of the Memorandum of Understanding, except as herein
amended, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment to the Memorandum
of Understanding between the Town of Los Gatos and the Town Employee Association for Fiscal
Years 2002 -2003 and 2003 -2004 on the date written above.
TOWN OF LOS GATOS TOWN EMPLOYEES ASSOCIATION
BY: BY:
Debra Figone, Town Manager Debra Caldwell, TEA President