1998-171 - Authorize the Town Manager to execute the MOU between the Town and POARESOLUTION 1998 - 171
RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING
THE TOWN MANAGER TO EXECUTE THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF LOS GATOS
AND LOS GATOS POLICE OFFICERS' ASSOCIATION
WHEREAS, representatives of the Town and Los Gatos Police Officers' 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 Los Gatos Police Officers' Association have ratified
the proposed 1999 -2000 Memorandum of Understanding (attached),
RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa
Clara, State of California, that the Town Manager is authorized to sign the 1999 -2000
Memorandum of Understanding on behalf of the Town of Los Gatos.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 2nd day of November, 1998 by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Hutchins,
Mayor Linda Lubeck.
NAYS: None
ABSENT: None
ABSTAIN: None
�i
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
- LOS GATOS, CALIFORNIA
ATTEST:
Ai
CLERK OF THE TOWN OF LOS U TOS
LOS GATOS, CALIFORNIA
SUMMARY OF THE PROPOSED AGREEMENT
BETWEEN THE
TOWN OF LOS GATOS
AND
THE LOS GATOS POLICE OFFICERS' ASSOCIATION
TERM:
Two year agreement from December 13, 1998, through December 31, 2000.
FIRST YEAR (12/13/98 - 12/31/99)
A. SALARY INCREASE: 5% increase in salary effective December 13, 1998. This is one pay period in
advance of the end of the current contract.
B. PERS CHANGE: Town will no longer pay the Employee's contribution to PERS (9% of salary) and
instead increase salary by 9 %. The employee will be responsible for their own 9%
contribution to PERS. Although this appears to be a "no cost" change for the
Town, there is a cost of approximately 1.6% of total compensation to make the
adjustment. This cost has been included in the calculation of the total cost of this
proposal.
C. IRC 414(h)(2): This section of the Internal Revenue Code allows employee contributions to PERS
to be deducted from income prior to taxation. It is a tax deferral, not a tax
exemption - taxes will be paid at the time of the retirement disbursements. PERS
requires the approval of a Council Resolution to implement this option. This
option has no direct cost to the Town.
D. CASH ALLOCATION: The POA has requested that the amount of the Cash Allocation program be equal
to the cost of the Kaiser Medical Insurance. The cost of the dental program, which
is $65.00 per month, will continue to not be included in the Cash Allocation
amount.
E. FTO PAY: Currently, officers are eligible for Field Training Officer (FTO) pay only when
directly training other members of the department. This change allows qualified
officers to receive FTO pay when working on FTO related assignments such as
FTO evaluations of officers under training, revising the FTO manual, etc. when
specifically assigned by the Police Chief.
SECOND YEAR jl /1/2000 - 12/31/2000)
A. SALARY INCREASE: 2.25% increase in salary effective December 26, 1999 (First six months of the 2nd
year of the agreement).
2.25% increase in salary effective June 25, 2000 (Second six months of the 2nd
year of the agreement).
ATTACHMENT i
B. EDUCATION INCENTIVE: Effective on December 26, 1999, the following changes would be
implemented:
Exi tin New Rate on 12/26/99
Intermediate POST Certificate: 2.1% of base salary 3.5% of base salary
Advance POST Certificate: 3.5% of base salary 5.0% of base salary
HOLIDAY PAY:
Holiday Pay in lieu of Holiday time off does not apply when an officer is changed from a shift assignment
(patrol and traffic) to a non -shift assignment.
SAVINGS CLAUSE:
Adds provision to the memorandum of understanding that states that should any part of the agreement be found
to be illegal or is superseded by State or Federal law, the remainder of the agreement shall remain in force.
PAYROLL DEDUCTION:
Adds provision to the memorandum of understanding that sets forth the conditions under which the Town will
agree to make payroll deductions for POA dues. The Town will be held harmless and indemnified by the POA
for this service.
TECHNICAL CLARIFICATIONS:
Cash Allocation: Clarifies existing language to reflect practice of receipt of cash allocation either bi- weekly
or twice each year in May and December. Affirmative Action: reference to affirmative action is replaced with
"equal employment opportunity. ".
n:\mgr \gwr \poa \summary.99
• =014 •
ASSOCIATION
DECEMBER 13, 1998 - DECEMBER 31, 2000
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE TOWN OF LOS GATOS
AND
THE LOS GATOS POLICE OFFICERS' ASSOCIATION
THIS AGREEMENT, SIGNED ON NOVEMBER , 1998, IS ENTERED INTO AS OF
DECEMBER 13, 1998, BETWEEN THE TOWN OF LOS GATOS, HEREINAFTER
REFERRED TO AS THE "TOWN ", AND THE LOS GATOS POLICE OFFICERS'
ASSOCIATION, HEREINAFTER REFERRED TO AS "PDX.
Pursuant to Town Resolution 1974 -41 of the Town of Los Gatos and Section 3500 et. seq.
of the Government Code, the duly authorized representatives of the Town and POA,
having met and conferred in good faith concerning the issues of wages, hours, and terms
and conditions of employment, as herein set forth, declare their agreement to the
provisions of this Memorandum of Understanding.
David W. Knapp Randy Bishop
Town Manager POA President
James W. Piper Tony Gonzales
Assistant Town Manager Police Officer
Larry Todd R. Leyton Howard
Police Chief Police Officer
Jeff Miller Sam Wonnel
Police Captain Police Officer
Gary W. Rogers Larry Katz
Personnel Manager POA Attorney
POLICE OFFtvERS ASSOCIATION AND TOWN Ur: LOS GATOS
MEMORANDUM OF UNDERSTANDING (December 13, 1998 - December 31, 2000)
Section Till
Page
1.
Preamble ............. ...............................
1
2.
Term
1
3.
Employer - Employee Relations ...........................
1
4.
Savings Clause ........ ...............................
1
5.
Payroll Deduction ....... ...............................
2
6.
Non - Discrimination ...... ...............................
2
6.1 General Provision regarding ADA ....................
2
7.
Salary ................ ...............................
3
8.
PERS Benefits/Town Contribution .........................
3
9.
Education Incentive Pay . ...............................
3-4
10.
Special Pays .......... ...............................
4
11.
Field Training Officers ... ...............................
4
12.
Acting Supervisor Pay ... ...............................
5
13.
Reimbursement of Expenses .............................
5
14.
Insurance Programs and Rate of Town Contribution ...........
5
15.
Family Medical Insurance Premiums .......................
6
16.
Cash Allocation Program . ...............................
6
17.
Uniforms .............. ...............................
6
18.
Mileage Reimbursement . ...............................
6
19.
Payroll Periods ......... ...............................
7
20.
Paychecks ............ ...............................
7
21.
Deferred Compensation .. ...............................
7
22.
Overtime ............. ...............................
7
23.
Duty Extension ......... ...............................
8
24.
Call Back ............. ...............................
8
25.
Vacation Schedule ...... ...............................
8 -9
26.
Vacation Overtime Cash -out .............................
9
27.
Holidays and Holiday Pay ...............................
9
28.
Sick Leave ............ ...............................
10
29.
Sick Leave Cash -out Program ............................
10
30.
Military Leave .......... ...............................
10 -11
31.
Bereavement Leave ....................................
11
32.
Leave Without Pay ...... ...............................
11
33.
Maternity Leave /Family Leave /Medical Leave ................
11
34.
Accrual of Benefits ...... ...............................
11
35.
Worker's Compensation .. ...............................
11
36.
Jury Duty ............. ...............................
12
37.
Outside Employment .... ...............................
12
38.
Residency Requirement .. ...............................
12
39.
Layoff Policy .......... ...............................
12
40.
Vehicles .............. ...............................
12
41.
Promotions ............ ...............................
12 -13
42.
Probationary Period ..... ...............................
13
43.
Performance Evalua,,jns . ...............................
13
44.
Reinstatement ......... ...............................
14
45.
Re- Employment ........ ...............................
14
46.
Grievance Procedures ... ...............................
14 -15
47.
Equal Employment Opportunity Grievance Procedure .........
15 -17
48.
Attendance ............ ...............................
18
49.
Completeness of MOU ... ...............................
18
50.
Association Notification or Communications .................
18
51.
Catastrophic Time Bank .. ...............................
18
52.
Reopener ............. ...............................
18
53.
Me Too Clause ......... ...............................
19
APPENDIX
Range Step Table Effective December 13, 1998 ................... A -1
Range Step Table Effective December 26, 1999 ................... A -2
Range Step Table Effective June 25, 1999 ....................... A -3
Town of Los Gatos and "os Gatos Police Officers Association Comprehensive
Memorandum of Understanding on Salaries, Fringe Benefits and Working conditions
1. Preamble
The authorized representatives of the Town of Los Gatos, hereinafter referred to as
the "Town" and the authorized representatives of the Town of Los Gatos Police
Officers Association hereinafter referred to as "Association" 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.
This understanding shall apply to represented employees assigned to those
classifications listed on Appendix "A" when classifications are created which fall
under the representation of POA, this understanding shall also apply.
The terms and conditions of employment set forth in this understanding have been
discussed in good faith by the authorized representatives of the Town and the
authorized representatives of the Police Officers Association. They agree to
recommend acceptance by the employees of all terms and conditions set forth
herein. Following said acceptance by the Association, 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.
2. Term
The term of this Memorandum of Understanding shall be for approximately two (2)
years commencing on December 13, 1998 and terminating on December 31, 2000.
3. Employer-Employee Relations
The Association recognizes the existence of Town Resolution 1974 -41, and its
successor if any, during the term of this MOU. Recognition of any amendments to
this resolution does not imply P.O.A. has agreed to the changes.
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 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.
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5. Payroll Deduction
Any employee may sign and deliver to the Town an authorization for payroll
deduction of membership dues or service fee. The Town agrees to remit to the
Association all monies deducted accompanied by a list of workers for whom such
deductions have been made and indicating any changes in personnel from the list
previously furnished.
The Association shall certify in writing to the Town any changes in the amount of
membership dues or service fee. 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 longer after such submission.
The Association shall indemnify and hold harmless the Town against any and all
suits, claims, demands, and liabilities that may arise out of, or by reason of, any
action or omission of the Town in complying with this Section.
6. Non - Discrimination
The Town and Association agree that all provisions of this agreement shall be
applied equally to all employees covered herein without favor or discrimination
because of race, creed, color, sex, age, national origin, political or religious
affiliation, Association membership or activity on behalf of the Association, marital
status or sexual preference, or physical or mental disability. Association and Town
support equal employment opportunity in hiring, and will support all State and
Federal regulations regarding equal employment opportunity.
6.1 General Provision regarding Americans with Disabilities Act
A. Because the ADA requires accommodations for individuals protected under
the Act, the Association recognizes the Town's obligation to comply with all
provisions of the ADA on a case -by -case basis.
B. The Association recognizes that the Town has the legal obligation to meet
with the individual employee to be accommodated before any adjustment is
made in working conditions. The Association will be notified of these
proposed accommodations.
C. Any accommodation provided to an individual protected by the ADA shall not
establish a past practice.
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7. Salary
Effective December 13, 1998, the salary schedule listed in Appendix A -1 to this
memorandum shall be in effect. Effective December 26, 1999, the salary schedule
listed in Appendix A -2 to this memorandum shall be in effect. Effective June 25,
2000, the salary schedule listed in Appendix A -3 to this memorandum shall be in
effect.
8. PIERS Benefits/Town Contribution
Upon the effective date of this memorandum of understanding, the Town will cease
its participation in the Public Employee Retirement System "Employer Paid Member
Contributions" (EPMC) provision. Concurrently, the Town will begin paying in salary
to the employees covered by this memorandum of understanding the equivalent
dollar amount of the former EPMC (9% of salary). These employees then shall be
responsible for making their own member contributions. The POA acknowledges
that implementation of this change has a cost impact to the Town which is
equivalent to approximately 1.6% of total compensation.
Substantially concurrent with the adoption of this memorandum of understanding,
the Town Council will adopt a Resolution materially the same as that recommended
by the Public Employee Retirement System to implement the provisions of 414 (h)
(2) of the Internal Revenue Code (IRC). The POA accepts the terms of this
Resolution and acknowledges that this Resolution will apply to all current and future
members of the POA during the term of this agreement.
9. Education Incentive Pay
The Town shall provide an educational incentive pay program with incentive
payments. Qualified employees shall receive one of the following payment
amounts in accordance with Appendix A:
a. Employees in their represented classifications who have been awarded an
Intermediate POST Certificate: An additional 2.1 % of base salary. Effective
December 26, 1999, the payment shall increase to 2.5% of base salary.
b. Employees in their represented classifications who have been awarded an
Advanced POST Certificate: An additional 3.5% of base salary. Effective
December 26, 1999, the payment shall increase to 5% of base salary.
Educational pay shall be available to employees effective the first full calendar
month after meeting qualifications for the remainder of the current fiscal year and
the following fiscal year. At the employee's discretion, he /she may request the
qualification for incentive pay be deferred for credit during the next fiscal year.
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Thereafter incentive Nay should be available on a fiscal year basis with yearly re-
qualification completed by June 30th of the second year for payment following two
fiscal years. Re- qualification is required every two years and shall be obtained by
successful completion of three semester units, four quarter units, or forty training
hours taken off -duty at employee expense, except as provided in this memorandum.
Qualifying units or hours to be approved in advance by the Chief of Police. POST
accreditation of training courses is not required.
Employees who participate in the educational incentive program and have a
satisfactory performance evaluation shall be entitled to longevity pay on their
anniversary date as follows:
Fifteen (15) years, an additional 2.5 % of base salary.
Twenty (20) years, an additional 2.5% salary of base salary.
10. Special Pays
Town shall provide a 5% pay incentive to Association represented personnel
assigned to Motorcycle Duty, Detectives, Crime Prevention Officer, and Juvenile
Officer. Assignment for special pay purposes shall be done using Town Personnel
Action Forms.
Officers removed from specialty positions on a temporary basis for departmental
purposes and through no fault or request of their own shall continue to receive
specialty pay for a maximum of 30 calendar days.
The Town will pay an additional 2.5% above base pay for bilingual ability. Bilingual
pay will be for Spanish and English only. The Town will determine the qualifying
criteria including the test and the application to the specific job assignment.
Officers are limited to one specialty pay plus bilingual pay.
11. Field Training Officers
In addition to the above special pays, officers assigned by the Chief of Police as
Field Training Officers shall also receive the 5% incentive whenever providing
training to a Department member for which a training observation report is required
or when completing special assignments directly related to the Field Training Officer
Program with prior approval of the Chief of Police. Attendance at FTO meetings,
training provided at briefings, or other training provided in conjunction with the
Department's annual Advanced Officer Training or other on -going general training
to Department members does not qualify for the 5% incentive.
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12. Acting Supervisor ray
Acting supervisors shall be compensated at Step "5" of the Sergeant's rate of pay.
Town shall periodically review the actual time use of acting supervisor designations
in order to determine the necessity of additional permanent supervisory personnel.
13. Reimbursement of Expenses
The Town shall pay claims for reimbursement within 30 days following the complete
and accurate submission of claims as approved by the Finance Director.
14. Insurance Programs and Rate of Town Contribution
Dental
Town contribution of $65.00 per month for those employees who have chosen the
family medical insurance coverage provided in Article 15.
Medical
The Town will provide a choice of coverage under the Public Employees' Retirement
System Health Benefits Medical Program.
Life
Coverage of $50,000 plus $50,000 accidental death: Town to pay for premium.
Additional life insurance may be purchased by the employee equal to once or twice
the employee's base salary, not to exceed $200,000.
Disabilily
Short Term Disability Policy effective 8th calendar day; coverage of 60% of weekly
earnings up to maximum of $1,155/week for 12 weeks. Long Term Disability
benefits begin on the 91st day of disability; coverage of 60% of monthly earnings
up to a maximum of $5,000 /month.
The POA agrees to eliminate the Short Term Disability Policy and modify the Long
Term Disability Policy to begin on the 31st day of disability at such time as there is
concurrence from the other Town employee organizations.
Employee Assistance Program
Premiums shall be paid by the Town. Unemployment insurance premiums shall be
paid by the Town to provide State coverage.
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15. Family Medical Insurance Premiums
In lieu of the cash allocation plan found in Section 16, the Town will provide
payment of medical insurance premiums equal to the cost of Kaiser Medical
Insurance Program offered by the Public Employees' Retirement System Health
Benefit Medical Program. The determination is whether this benefit is provided
must be made on individual basis upon employment with the Town, and during the
Town's open enrollment period of each year thereafter.
Employees opting for this medical insurance will not participate in the pre -tax
contribution plan.
.. :,.
Town contribution to the Cash Allocation program will be a dollar value equal to the
PERS medical insurance premium cost of the Kaiser Family Medical Insurance.
Benefits which can be purchased by the cash allocation plan include medical
insurance and dental insurance. These benefits are available on a per -tax basis.
Employees may also choose to receive part or all of their cash allocation plan in
cash. Any amount received in cash is taxable. Employees choosing to receive
taxable cash will have the option of receiving it in two equal amounts in December
and June, or the first two paychecks of each month (24 times a year).
Employees choosing to use cash allocation plan funds for medical insurance must
pay all medical premiums from the allocation prior to receiving a cash allocation.
17. Uniforms
Town to provide first four uniforms (per Town approved list) to new employees. The
Town will replace authorized uniform items damaged in the performance of duty as
approved by the Chief of Police.
Town directed and authorized use of personal automobiles by an employee to
conduct official Town business shall be reimbursed at the official Town mileage rate.
This rate shall be tied to the rate in effect for the State of California and should be
automatically adjusted in accordance with that rate on July 1 of each year, except
that the rate shall not exceed the IRS limit for reportable income.
Mileage reimbursement requests must be submitted within 30 days of the date
accrued.
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The Town and Association agree to the continuation of a biweekly payroll period.
The following conditions are in effect.
a. Employee pay shall not be withheld more than seven (7) calendar days from
the end of the payroll period, however, a maximum of two days overtime may
appear on the next payroll period if it is worked following the submittal of time
sheets, or during a pay period with a Town holiday which requires early
submittal of time sheets and early distribution (before Friday) of pay checks.
This may also occur at the end of the fiscal or calendar year.
The Town shall provide an optional electronic check deposit system for use by
employees.
20. Paychecks
Payroll deductions and accruals shall appear on all paychecks.
21. Deferred Compensation
The Town shall continue to offer a program of deferred compensation to its
members in the represented classifications. The Town makes no representation on
the merit of the plan nor any of the investment products or instruments which may
be offered by the plan. The responsibility for evaluating the 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.
22. Overtime
Overtime is that time beyond any scheduled tour of duty.
All overtime worked shall be compensated at time and one -half. The employee may
choose whether overtime worked shall be accumulated as CTO or paid out subject
to a maximum accumulated overtime (CTO) of one hundred (100) hours.
The CTO cap is 100 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.
For private duty contracts, officers may only receive pay .
Overtime is to be approved by a supervisor as soon as practical. Overtime payroll
sheets are the responsibility of the employee to have approved and forwarded to
the division commander by the appropriate payroll deadline.
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Compensation is made for actual time worked and shall be computed in minimum
quarter -hour blocks.
Personnel whose work hours would normally terminate within one hour or less from
the time of the scheduled court, meeting, or training commencement will be
compensated from the termination of their normal work hour through the termination
of the scheduled event.
Duty extension is paid at time and one half.
24. Call Back
Requests that personnel return to duty, attend mandatory meetings, court
appearances and training classes are call backs and compensated at a 3 hour
minimum or actual time, whichever is greater. Mandatory meetings where a
minimum of two weeks notice has been given are not a call back and will be
compensated at a one (1) hour minimum or actual time worked whichever is
greater.
Call backs for officers assigned to Watch I (midnight shift) who have worked the
night before shall receive a minimum of 4 hours.
Personnel are considered on duty for the duration of a call back.
Court appearances - hearings - depositions: Required off duty attendance at judicial
or administrative hearings is compensated at a 3 -hour minimum (4 hours for
midnight if shift worked the night before appearance), or actual time, whichever is
greater. Should there be more than one appearance, including separate court
locations, within the 3 or 4 hour time period, only one minimum will be granted.
Call back is paid at time and one half.
25. Vacation Schedule
The following vacation schedule shall apply to all employees:
_I ..
0 to 36 months
37 to 60 months
61 to 120 months
121 to 180 months
181 months and over
Accrual Rate
10 days per year - 3.08 hours per pay period
15 days per year - 4.62 hours per pay period
20 days per year - 6.16 hours per pay period
23 days per year - 7.08 hours per pay period
25 days per year - 7.70 hours per pay period
Maximum accrual of vacation hours shall be 344 hours.
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All represented emp, , aes will be eligible to annually cash -� _, one week of vacation
based upon accruals as of November 30th. Cash out will be paid during the month
of December.
26. Vacation and Overtime Cash -out
Employees who terminate from Town service shall have all accrued vacation and
overtime cashed -out. Employees who terminate (retire, or resign) from Town
service will have all accrued vacation and overtime cashed out effective the last full
work -day with the Town. This will terminate their status as an employee of the
Town.
27. Holidays and Holiday Pay
The following holidays will be observed by non- uniform personnel:
January 1.
the third Monday in January.
the third Monday in February.
the last Monday in May.
July 4.
the first Monday in September.
Thanksgiving Day.
the Friday following Thanksgiving Day.
December 25.
Four hours on December 24 and December 31.
Every day declared a Holiday by the Mayor
as a result of a national holiday declared
by the President or State Governor.
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.
Uniform personnel assigned to shift work (Patrol and Traffic) shall receive
compensation in -lieu of holiday time off equal to eighty (80) hours of base pay
annually. Forty (40) hours of holiday pay will be received in the last payroll of
November and the second forty (40) hours will be received in the last payroll of May,
and will be included on the regular check. In -lieu holiday pay shall cease whenever
an employee is reassigned to other than shift work. The employee shall observe
holidays as described above.
Employees shall have the option of either taking personal leave off equal to twenty
(20) hours of base pay annually, or receiving in -lieu compensation equal to same
if the personal leave is not used by the end of November. Employees may use
personal leave hours during the month of December; however, employees desiring
to receive compensation for those hours shall do so in conjunction with the annual
cash out in November.
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In the event that ar, Jditional holiday is observed by the awn during the term of
this agreement, the in -lieu compensation shall be increased by the additional hours
holiday time made available to non - uniform personnel.
28. Sick Leave
Accumulation rate shall be 8 hours per month (3.70 hours per pay period) with a
maximum accrual of 1180 hours. The Town may require association represented
employees to provide a doctor statement of proof of illness for any use of sick leave
beyond one working day.
29. Sick Leave Cash -Out Program
Employees who terminate employment with the Town for any reason other than
retirement, may cash -out their accumulated sick leave as follows:
Months of Employment
1 -59 months
25%
60 -119 months
371/2%
120 months or more
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 200 hours at the time of termination. All
employees who retire may convert 100% of this accumulated sick leave to a dollar
equivalent at their hourly rate of pay at the time of retirement. This amount shall be
held in an account. The employee's portion of the medical insurance premium
payment will be withheld from their monthly retirement payment by PERS.
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 pro -rated to the nearest quarter.
Retiree's (including dependents of the retiree) portion of medical payments will be
paid from this account by the Town until all monies are depleted from the account.
This account will not accrue interest and will not be paid in cash to the retiree or any
beneficiaries. The retirees shall be responsible for 100% of their share of future
medical insurance premiums once the account is exhausted.
Employees may cash -out up to 40 hours of their accumulated sick leave at 50% of
current salary in December each year.
30. Military Leave
Military leave and benefits shall be granted in accordance with State and Federal
Law, including the continuation of employee salary and benefits if applicable.
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Generally, employee_ vith more than one year service will. -ceive up to thirty (30)
calendar days of paid military leave annually while engaged in military duty ordered
for purposes of active military training.
31. Bereavement Leave
Up to five (5) days available per occurrence -- use limited to spouse, parent,
grandparent, child, or sibling by blood or marriage. It is recognized that
bereavement leave is separate from employee's accumulated sick leave, vacation
or CTO.
32. Leave Without Pav
Leave without pay shall be subject to approval of the Chief of Police and the Town
Manager.
An employee who is on leave without pay shall not earn any employment benefits
(including, but not limited to, such benefits as vacation leave, medical benefits, sick
leave, retirement, credit for time employed or seniority entitlement of any kind) for
the duration of such leave.
Vacation or sick leave or time worked shall not be used intermittently during an
extended leave to interrupt a determination that an employee is on leave without
pay.
33. Maternity Leave /Family Leave /Medical Leave
The Town recognizes that State Government Code 12945 requires the recognition
of maternity as a bona fide non - job - related disability with applicable leave benefits.
The Town also recognizes State Government Code 12945.2 and amendment of
Chapter 827 and Federal Government Code 29 regarding Family and Medical
Leave. The Town will take action to inform employees of the current provisions of
laws affecting these leaves.
The Town may, at its discretion, approve leave beyond the specific amount provided
above.
34. Accrual of Benefits
Benefits shall not accrue to employees on unauthorized leave, suspension without
pay, or leave without pay.
35. Worker's Compensation
Employees shall be provided benefits in compliance with State law.
N \MGR\GROGERS\POA\POAMOU99.FNL -11-
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36. Ju[y Duty
Employee salary and benefits shall be continued during jury duty; employee turns
over to the Town any compensation from the courts or other source of jury duty on
regular work days.
37. Outside Employment
Outside employment shall be subject to approval of the Chief of Police and the
Town Manager; no security work within Town limits; no use of Los Gatos uniform,
badge, ID, or LG issued items; vacation or CTO to be used for court appearances
resulting from private employment.
There is no residency requirement for represented employees.
39. Layoff Policy
Association recognizes the right of the Town to determine the resources to be made
available to the police department. Although a reduction in force (layoff) is not
anticipated, it is recognized that it is the sole right of the Town to determine when
such reductions in force are necessary.
Reductions in force shall be by classification with the determination of affected
employees by the Town based on seniority counted as total time employed by the
Town. Affected employees shall be provided a minimum thirty (30) calendar days
notice of layoff.
Employees in the classification of Police Sergeant and designated for layoff shall
have the right to return to positions previously held with the Town and represented
by the Association.
40. Vehicles
Town shall advise POA no later than sixty days prior to Town development of
vehicle specifications for patrol vehicles. POA shall submit recommended
specifications for vehicle purchase no later than thirty (30) days after receiving the
notice from the Town.
41. Promotions
The Town and Association agree that it is in the best interest of both the Town and
its employees to foster promotion of incumbent employees.
N \MGR \GROGERS \POA\POAMOU99.FNL -12-
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The Town and As: Jation recognize the Town's sole ght to determine the
examination process for the selection of Town employees. Qualified employees
who are invited to participate in the examination process shall be allowed up to two
(2) hours time -off from regularly scheduled work in order to participate in the
examination process if the examination process is scheduled during the employee's
normal work period.
To the best of its ability, the Town shall maintain a current promotional list for the
position of Police Sergeant.
42. Probationary Period
The Town and the Association agree that all original appointments to the rank of
Police Officer will include a probationary period of 18 months from date of hire to
allow the department to fully evaluate the officer following the academy and FTO
training.
Individuals hired as a lateral transfer must have a valid P.O.S.T. Basic Certificate
at the time of hire and will be subject to a 12 month probationary period.
Any individual on an 18 month probationary period will be eligible to receive a step
increase after 12 months.
All promotional appointments to the position of Sergeant shall be subject to
satisfactory completion by the employee of a 12 month probationary period.
The by the Chief of Police may extend the probationary period of an employee for
a period not to exceed an additional six (6) months.
43. Performance Evaluations
Performance evaluations shall take place at least every three (3) months for all
probationary employees and shall take place at least annually thereafter on the
anniversary of an employee's employment with the Town. Employees eligible for
step increases shall receive their performance evaluation no later than fifteen (15)
days prior to their employment anniversary date.
All performance evaluations shall be discussed with the employee prior to the
evaluation being completed. Employees may sign their individual performance
evaluations as evidence of discussion having taken place; employee signature does
not necessarily imply agreement with the evaluation. If an employee chooses not
to sign an evaluation, the supervisor will note that the employee has read the
evaluation and chooses not to sign. An employee may attach separate written
comments to his /her evaluation.
N \MGR\GROGERS\POA\POAMOU99.FNL -13-
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44. Reinstatement
Subject to the approval of the Town Manager, a permanent employee who has
resigned from employment with the Town may be reinstated within two (2) years of
his /her resignation to his /her former position, if vacant. Upon reinstatement, the
employee shall be considered as though he /she had received an original
appointment, unless other conditions are made a part of the reinstatement by the
Town Manager.
45. Re- Employment
The names of employees affected by layoff shall be placed on appropriate re-
employment lists in the order of total continuous cumulative time served in paid
status. Such names shall remain thereon for a period of eighteen (18) months
unless such persons are sooner re- employed. When a re- employment list is to be
used to fill vacancies, the Personnel Officer shall certify from the top of such list the
number of names equal to the number of vacancies to be filled, and the appointing
power shall appoint such persons to fill the vacancies.
46. Grievance Procedures
Grievances shall be defined as alleged violations of this agreement or disputes
regarding interpretations, application, or enforcement of this agreement to Town
ordinances, resolutions, and written policies related to personnel policies and
working conditions. Grievances shall not include disagreements, disputes, or
activities regarding or pertaining to examinations for employment or promotion,
disciplinary action, performance evaluations, and probationary terminations.
No act or activity which may be grievable may be considered for resolution unless
a grievance is filed in accordance with the procedure contained herein within sixty
(60) calendar days of the date the grievable activity occurred or the date the
employee could reasonably have known such activity occurred. The provision for
the sixty (60) days "statute of limitations" shall not apply to probationary employees.
The parties agree that all grievances will be processed in accordance with the
following procedure:
Any employee who has a grievance shall first try to get it settled through
discussion with his /her immediate supervisor without undue delay. Every effort
shall be made to find an acceptable solution at the lowest possible level of
supervision. 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 the command officer responsible for supervision of the employee's
immediate supervisor within ten (10) calendar days after receiving the informal
decision of his /her immediate supervisor. The command officer shall respond
within ten (10) calendar days of the filing of the appeal.
N \MGR \GROGERS\POA\POAMOU99.FNL -14-
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If the employee es not believe the grievance has bE . satisfactorily resolved
by the command officer, the employee may then file a formal appeal in writing
to the Chief of Police within ten (10) calendar days after receiving the informal
decision of the command officer.
The Chief of Police shall render his written decision within ten (10) calendar
days after receiving the appeal.
If after receipt of the written decision of the Chief of Police, the employee is still
dissatisfied, he /she may appeal the decision of the Chief to the Town Manager.
Such appeal shall be made by filing a written appeal to the Town Manager
within five (5) days after the receipt of the written decision of the Chief. The
Town shall render a written decision within twenty (20) working days after the
appeal is made.
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 five (5) days after receipt of the written
decision of the Town Manager.
The Personnel Board shall establish a hearing date within 30 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 30 days after the appeal is made. If after receipt of the written decision
of the Personnel Board, the employee is still dissatisfied, he /she may appeal
the decision of the Personnel Board to the Town Council. Such appeal shall
be made by filing a written appeal with the Mayor. The Mayor shall schedule
a closed hearing with the Town Council within 30 days after receipt of the
appeal. At this hearing, the employee and the Town Manager may make
presentations. The Town Council decision shall be final. The Town Council
shall render a decision within 30 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 mutual agreement of the parties. If either party to the grievance so
requests, an informal hearing shall be conducted at the Chief of Police or Town
Manager appeal levels. Employees may be represented by counsel or other person
at any stage in the grievance process.
. . i•t •... _t MC. •.
A. In n - It is the intent of this procedure to provide an efficient means for
resolving individual or group problems of a sensitive nature quickly and with a
minimum of formal procedural requirements.
N\MGR\GROGERS\POAXPOAMOU99.FNL -15-
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B. Scope - This pi edure shall apply to allegations of d rimination in regard to
application, recruitment, appointment, training, promotion, retention, discipline,
or other aspects of employment because of race, religion, color, sex,
physical /mental handicap, medical condition, marital status, age, national origin
or ancestry and provides for a process to investigate and correct the effects of
such discrimination.
C. Limitations - The establishment of this procedure for resolving complaints of
discrimination shall supplant regular grievance procedures but not prohibit
employees or applicants from filing complaints with the Fair Employment
Practice Commission (FEPC), Equal Employment Opportunity Commission
(EEOC) or the courts. The procedure is intended and should be viewed as a
means of providing the special skills needed to promptly and fairly handle the
sensitive issues involved and to ensure full cooperation with federal and state
agencies.
An employee who elects to proceed under this section is not entitled to, and
shall not be required, to utilize regular grievance procedures for any complaint
grieved under this section. Procedures under this section are alternative to
regular grievance procedures.
D. Definitions
1. Agarieved Person: An employee or applicant for employment who feels
discriminated against or harassed on the basis of race, religion, color, sex,
physical /mental handicap, medical condition, marital status, age, national
origin or ancestry in regard to application, recruitment, appointment,
training, promotion, discipline, or other aspect of employment.
2. Complainant: An aggrieved person who has filed a formal complaint.
3. Equal Employment Opportunity (EEO) Counselor: An employee trained
in EEO procedures and counseling techniques to provide informal
counseling on matters pertaining to discrimination. Affirmative Action
Officer will designate the individual with responsibilities of the EEO
Counselor. This employee may also be assigned to investigate allegations
once a formal complaint is filed, and to produce a written report of findings.
This person must be capable of fairness, impartiality, and objectivity.
E. Representatives: In presenting and resolving grievances employees may
represent themselves or may designate representatives of their own choosing.
Costs associated with such representation, if any, will be borne by the
employee.
N \MGR \GROGERS \POA\POAMOU99.FNL -16-
10/27/97
F. Steps in the Pr( dure:
1. Aggrieved persons shall first contact the Equal Employment Opportunity
Counselor within 30 calendar days of learning of such act or decision and
before filing a formal complaint with the Affirmative Action Officer. The
EEO Counselor shall, within 30 calendar days:
a. Consult with the aggrieved person.
b. Discuss with the aggrieved person applicable civil rights.
c. Make necessary inquiries in attempt to resolve the complaint.
d. Counsel aggrieved person on issues of the case.
e. Seek informal resolution of problems by facilitating open
communication between the aggrieved and departmental
management.
2. Formal Complaint: If informal resolution of problems through conciliation
and negotiation cannot be accomplished within 30 days of contacting the
EEO Counselor, the aggrieved person(s) may file a formal complaint with
the Affirmative Action Officer. The Affirmative Action Officer will decide
whether the complaint falls within the jurisdiction of the procedure and
accept or reject it in writing. If the aggrieved person wished to appeal the
Affirmative Action Officer's decision he /she may do so, in writing to the
Town manager within seven (7) working days of receipt of the Affirmative
Action Officer's decision.
The Affirmative Action Officer, upon acceptance of complaint:
a. Shall review the case with the Equal Employment Opportunity
Counselor.
b. May assign the EEO Counselor to conduct a prompt, impartial
investigation, if necessary, and review findings thereafter.
c. Shall notify Town Manager of all formal complaints received from
employees and provide copies of completed investigative reports to
Town Manager upon request.
d. Shall make available to the parties involved a copy of the complete
investigation report.
e. Explore further possibility of informal adjustment of the problem
through negotiation or conciliation with department head or the parties
to the complaint.
N \MGR \GROGERS\POA\POAMOU99.FNL -17-
10/27/97
f. Prese. Findings and recommendations for ijustment to the Town
Manager.
3. The Town Manager shall provide the complainant with a written decision
within ninety (90) calendar days from the time a formal complaint is filed.
48. Attendance
Employees shall be in attendance at their work in accordance with the rules
regarding hours of work, holidays and leave.
An employee whose absence is not authorized will not receive pay or benefits for
the absent period and shall be subject to discipline. Failure on the part of an
employee absent without leave to return to duty shall be grounds for discharge. It
shall be the responsibility of an employee absent without leave to notify the
department head of the reason the employee is absent and of the employee's
availability for duty.
49. Completeness of MOU
The Town and the Association acknowledge and agree to abide by the provisions
of the Meyers - Milias -Brown Act.
50. Association Notification or Communications
The Town and the department will make every reasonable effort to keep the
Association President informed on issues related to the working conditions of the
Association members.
51. Catastrophic Time Bank
If an employee is catastrophically ill or injured, or if the spouse or child of such
employee becomes catastrophically ill or injured, the employee may request of the
Town Manager that a catastrophic time bank be established. This request should
be in writing. The catastrophic time bank will enable other employees to donate
accrued CTO, holiday credits, vacation credits, or sick leave accruals to the
requesting employee in accordance with departmental policies.
Specific procedures for the administration of the catastrophic time bank will
be developed by the department.
52. Reopener
If, for any reason, the Chief of Police decides it is in the best interest of the
Department to discontinue the 4 -10 Plan within the term of this agreement, the
Town of Los Gatos agrees to reopen negotiations within 30 days on all provisions
ofthe M.O.U.
N \MGR \GROGERS \POA \POAMOU99.FNL -18-
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53. Me Too Clause
The Town shall not enter into an agreement with another bargaining unit, local
union or management unit so that unit, local or bargaining unit can receive any
compensation related to any salary or total compensation increase obtained by the
POA.
N\MGR \GROGERS\POA\POAMOU99.FNL -19-
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APPENDIX A -1
PDA RANGE STEP TABLE
EFFECTIVE DECEMBER 13, 1998
10/15/98, 2:40 PM
FLSA I
RANGE
STEP
STEP
STEP !
STEP STEP
POLICE OFFICER
OVERTIME
711 1
2
3
4 5
AS OF DECEMBER 13, 1998
** I
base pay $ 25.05
$ 26.31
-.
$ 27.63
$ 29.01 1 $ 30.46
LONGEVITY PAY
Fifteen year+
yes --
'
2.5%0 0.63
0
$ 0.66
$ 0.69 !
$ 0.73 $ 0.76
Twenty years +
yes
5.00% $ 1.25 I
$ 1.32
$ 1.38
$ 1.45 j $ 1.52
(must have education incentive)
EDUCATION INCENTIVE PAY
_
_
Intermediate Post
yes
2.10% $ 0.53
$ 0.55
$ 0.58
$ 0.61 1 $ 0.64
Advance Post
yes
3.50% $ 0.88
$ 0.92
$ 0.97
$ 1.02 $ 1.07
(6130 requalify)
-�
SPECIAL PAYS
Motor Cycle Duty
yes
5.00% ' $ 1.25
$ 1.32
$ 1.38 1
$ 1.45 , $ 1.52
Detective
yes
5.00% $ 1.25
$ 1.32
$ 1.38
'', $ 1.45 1 $ 1.52
Crime Prevention Officer
yes
5.00% $ 1.25
$ 1.32
$ 1.38
$ 1.45 $ 1.52
,juvenile Officer
yes
5.00% $ 1.25
' $ 1.32
' $ 1.38
$ 1.45 $ 1.52
(must have PAF)
FIELD OFFICER TRAINING
Field Training • phase II training
yes
5.00% 1 $ 1.25
$ 1.32
" $ 1.38
1 $ 1.45 $ 1.52
I
BILINGUAL PAY
I!.
(spanishlenglish only)
yes
2.50% $ 0.63
$ 0.66
!. $ 0.69
$ 0.73 $ 0.76
ACTING SUPERVISOR PAY
(sergeants step 6)
yes
$ 34.86
BASE OVERTIME RATE- OFFICER
150% $ 37.58
1 $ 39.47
$ 41.44
$ 43.52 $ 45.68
ACTING SUPERVISOR PAY
$ 52.29
1
i
CALL BACK PAY
'
'
Watch 1 1work prior night 4hr min
Off duty judical 3hr min
Meeting with 2 week notice 1 hr min
ns
114
1112
150% ' $150.32
150% 1 $112.74
150% ;... $ 37.58
$157.87 $165.77
$118.40 $124.33
$ 39.47 $ 41.44
$174.08 $182.73
1, $130.56 1 $137.05
$ 43.52 I $ 45.68
10/15/98, 2:40 PM
APPENDIX A -2
POA RANGE STEP TABLE
EFFECTIVE DECEMBER 26, 1999
10/15/98, 2:41 PM
FLSA
RANGE
STEP
STEP
STEP
STEP '�,
STEP
POLICE OFFICER
MEJ
711
1
2
3
4
5
AS OF DECEMBER 26, 1999
**
base pay
$ 25.62
$ 26.90
$ 28.25
$ 29.67
$ 31.14
LONGEVITY PAY
!
Fifteen year+
yes
2.50%
$ 0.64
$ 0.67
$ 0.71
$ 0.74
$ 0.78
Twenty years +
yes
5.00% 1
$ 1.28
$ 1.354,
$ 1.41
$ 1.48
$ 1.56
(must have education incentive)
i
EDUCATION INCENTIVE PAY
Intermediate Post
yes
2.50%
$ 0.64 i
$ 0.67 1
$ 0.71
$ 0.74
$ 0.78
Advance Post
yes
5.00%
$ 1.28
$ 1.35
$ 1.41
$ 1.48 i
$ 1.56
(6130 requalify)
SPECIAL PAYS !
I
i
Motor Cycle Duty
yes
5.00%
$ 1.28
$ 1.35
$ 1.41
$ 1.48
$ 1.56
Detective
yes
5.00%
$ 1.28
$_1.35
1 $ 1.41
$ 1.48
$ 1.56
Crime Prevention Officer
yes
5.00%
: $ 1.28
$ 1.35
$ 1.41
$ 1.48
$ 1.56
Juvenile Officer
yes
5.00%
$ 1.28
$ 1.35
$ 1.41
$ 1.48
$ 1.56
(must have PAF)
i
FIELD OFFICER TRAINING
Field Training - phase II training
yes
5.00%
$ 1.28
$ 1.35
$ 1.41
$ 1.48
1 $ 1.56
BILINGUAL PAY
(spanish/engiish only)
yes
2.50%
$ 0.64
$ 0.67
$ 0.71
$ 0.74
$ 0.78
I
ACTING SUPERVISOR PAY
(sergeant's step 5)
yes
$ 35.65
BASE OVERTIME RATE- OFFICER
150%
$ 38.43
$ 40.36
$ 42.37
$ 44.50
1 $ 46.71
ACTING SUPERVISOR PAY
$ 53.47
CALL BACK PAY
Watch t/work prior night 4hr min
nQ
150%
$153.70
$161.42
$169.50
$178.00
$186.84
Off duty judical 3hr min
Meeting with 2 week notice t hr min
Dn
gQ
150%
150%
$115.28
, $ 38.43
$121.07
$ 40.3)
, $127.12
$ 42.37
$133.50
$ 44.50
1 $140.13
$ 46.71
10/15/98, 2:41 PM
APPENDIX A -3
POA RANGE STEP TABLE
EFFECTIVE JUNE 25, 2000
10115/98, 2:42 PM
FLSA
RANGE STEP
STEP '', STEP STEP STEP
POLICE OFFICER
OVERTIME i
711
1
2
3
4
5
AS OF JUNE 25, 2000
base pay
I $
26.19
$
27.51 $ 28.89 $
30.33 $
31.84
LONGEVITY PAY
Fifteen year +
yes
2.50%
$
0.65
$
0.691 $
0.72 1 $
0.76 $
0.80
Twenty years +
yes
5.00%
$
1.31 !
$
1.38 $
1.44 $
1.52 $
1.59
(must have education incentive)'
i
EDUCATION INCENTIVE PAY
r
�_
Intermediate Post
yes
2.50%
$
0.65
$
0.69 I $
0.72 $
0.76 $
0.80
Advance Post
as
5.00%
$
1.31
$
-�-
1.38 $
1.44 $
1.52 $
1.59
(6/30 requalify)
SPECIAL PAYS
j
Motor Cycle Duty
I yes
5.00%
1 $
1.31
$
1.38 1 $
1.44 $
1.52 $
1.59
Detective
yes
5.00%
$
1.31
$
1.38 $
1.44 $
1.52 $
1.59
Crime Prevention Officer
yes !
5.00%
$
1.31
$
1.38 $
1.44 j $
1.52 $
1.59
Juvenile Officer
yes
5.00%
$
1.31
$
1.38 $
1.44 $
1.52 $
1.59
(must have PAF)
FIELD OFFICER TRAINING
Field Training - phase II training
yes
5.00%
$
1.31
1 $
1.38 $
1.44 $
1.52 $
1.59
BILINGUAL PAY'
.I
(spanish /english only)
yes
2.50%
! $
U5
T$
0.69 I $
0.72 I $
0.76 $
0.80
AC71NG SUPERVISOR PAY
(sergeant's step 5)
yes
$ 36.45 j
BASE OVERTIME RAT E- OFFICER
150%
$
39.29
$
41.26 $
43.33
ACTING SUPERVISOR PAY
$
54.67
CALL BACK PAY
Watch 1 /work prior night 4hr min
Off duty judical 3hr min
Meeting with 2 week notice 1 hr min
nQ
no
tI4
150%
150%
150%
! $157.16
1 $117.87
$ 39.29.
$165.06 $173.31 $182.00 $191.05
$123.79 $129.98 $136.50 $143.28
$ 41.26 $ 43.33 $ 45.50 j $ 47.76
10115/98, 2:42 PM