1991-273-Approving Memorandum Of Understanding Between The Town Of Los Gatos And Police Officers Association (POA)RESOLUTION NO. 1991 -273
RESOLUTION OF THE TOWN OF LOS GATOS
APPROVING MEMORANDUM OF UNDERSTANDING
BETWEEN THE TOWN OF LOS GATOS AND
POLICE OFFICERS' ASSOCIATION (POA)
BE IT RESOLVED, that the Town Manager is authorized to sign the
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 16th day of December, 1991 by the following
vote:
COUNCIL MEMBERS:
AYES: Mayor Eric D. Carlson, Randy Attaway, Steven Blanton, Brent N. Ventura
NAYES: None
ABSENT: Vice -Mayor Joanne Benjamin
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN i F LOS GATOS
LOS GATOS, CALIFORNIA
TOWN CLERK
AGR: 9.2, o� _
IHH:
RM5Q 199i -,ZL
THIS AGREEMENT, SIGNED ON (– a9- 9 ZZ , IS ENTERED INTO AS OF
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.
FOR THE TOWN:
rk i der
Town Negotiating Team
Wayne aindon
Town Negotiating Team
FOR PO
Kevin Smith
POA
President
Jofth Pernick
POA Negotiating Team
Carla Turner Randy Villata
Town Negotiating Team
ATTEST:
f— �
MARIAN , . NSGROVE
CLERK OF THE TOWN OF LOS GATOS
I' •
POA Negotiating
Jo enn t
ney For POA
POLICE OFFICERS ASSOCIATION AND TOWN OF LOS GATOS
MEMORANDUM OF UNDERSTANDING (January 1, 1992 - December 31, 1992)
TABLE OF CONTENTS
Section Title
Page
1
Preamble ........... ...............................
1
2
Term ............. ...............................
1
3
Employer - Employee Relations ..........................
1
4
Nondiscrimination ..... ...............................
1
5
Salary ............. ...............................
1
6
PERS Benefits /Town Contribution .......................
2
7
Education Incentive Pay ...............................
2
8
Special Pays ......... ...............................
2
9
Acting Supervisor Pay .. ...............................
3
10
Educational Reimbursement ............................
3
11
Insurance Programs & Rate of Town Contribution ............
3 -4
12
Family Medial Insurance Premiums .......................
4
13
Cash Allocation Plan ... ...............................
4 -5
14
Uniform Allowance .... ...............................
5
15
Mileage Reimbursement .................. I ............
5
16
Payroll Periods ....... ...............................
5
17
Paychecks ........... ...............................
5
18
Deferred Compensation ...............................
5
19
Overtime ........... ...............................
6
20
Vacation Schedule .... ...............................
7
21
Vacation and Overtime Cash -out .........................
7
22
Holidays and Holiday Pay ..............................
7 -8
23
Sick Leave .......... ...............................
8
24
Sick Leave Cash -out Program ...........................
8
25
Military Leave ....... ...............................
8
26
Bereavement Leave ... ...............................
9
27
Leave without Pay .... ...............................
9
28
Maternity Leave /Medical Leave .........................
9
29
Accrual of Benefits .... ...............................
9
30
Worker's Compensation ...............................
9
31
Jury Duty ........... ...............................
9
32
Outside Employment ... ...............................
9
33
Residency Requirement . ...............................
10
34
Layoff Policy ........ ...............................
10
35
Vehicles ............ ...............................
10
36
Promotions .......... ...............................
10
37
Probationary Period ... ...............................
10 -11
38
Performance Evaluations ...............................
11
39
Reinstatement ....... ...............................
11
40
Re- employment ...... ...............................
11
41
Grievance Procedure ... ...............................
11 -13
42
Equal Employment Opportunity Grievance Procedure ..........
13 -15
43
Attendance .......... ...............................
15
44
Completeness of MOU . ...............................
15
45
Association Notification or Communications .................
15
46
Catastrophic Time Bank ...............................
15
Appendix A - . iweekly Salary Schedule .................... A -1
Town of Los Gatu� and Los 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 Attachment "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 twelve (12) months
commencing on January 1, 1992 and terminating on December 31, 1992.
3. Emplo 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. Non - Discrimination
The Town and Association agree that all provision 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 activity or religious affiliation.
Association membership or activity on behalf of the Association, marital status or
sexual preference. Association and Town support affirmative action in hiring, and
will support all State and Federal regulations regarding affirmative action.
5. Salary
Effective June 21, 1992 the salary schedule listed in Appendix A to this
memorandum shall be in effect.
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6. PERS Benefit3/ Town Contribution
There shall be no change in PERS benefits provided by the Town during the term
of this agreement other than as specified herein: The Town agrees to provide the
following option. All employees involved in the plan have the option to assume
payment of their own PERS contribution at the beginning and during the last one
year of employment with the Town. The monies previously paid to PERS by the
Town to cover the employee's contribution will be added to that employee's salary.
An employee who does opt for this conversion and proceeds to pay the employee's
contribution shall not be forced to retire within one year nor shall said employee
have the option to revert back to the Town -paid employee contribution.
Education Incentive Pay
The Town shall provide an educational incentive pay program with incentive
payments. Qualified employees shall receive one of the following monthly payment
amounts:
a. Employees in their represented classifications who have been awarded an
Intermediate POST Certificate: An additional 2.1 % of base salary
b. Employees in their represented classifications who have been awarded an
Advanced POST Certificate: An additional 3.5% 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.
Thereafter incentive pay should be available on a fiscal year basis with yearly
requalification completed by June 30th of the second year for payment following two
fiscal years. Requalification 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.
8. Special PUs
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 certified as Field Training Officers shall also receive the 5%
incentive while providing Phase II Training to regular and reserve officers.
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.
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9. Acting SUDerv,3or Pa
Acting supervisors shall be compensated at the "E" Step of the Sergeant's rate of pay.
To the best of its ability, Town shall provide supervisory training to acting
supervisors. Town shall periodically review the actual time use of acting supervisor
designations in order to determine the necessity of additional permanent supervisory
personnel.
10. Educational Reimbursement
Subject to the approval of the Chief of Police, Association represented employees
shall be reimbursed up to maximum of $500 per calendar year for educational
courses taken to further employee skills as Los Gatos Town police personnel.
Reimbursement shall be limited to costs of tuition and books only. Other costs
associated with POST - certified courses may be reimbursed subject to the approval
of the Chief of Police. Approval must be requested prior to courses being taken.
Up to $250 of the maximum available to each employee may be applied to travel
and lodging expenditures for POST certified courses.
All requests for reimbursement must be approved in advance on a Request for
Reimbursement Form. The employee may select to receive reimbursement before
or after completion of the course. All expenses must be documented, however, with
a copy of the course description, flyer, registration forms, etc. Receipts must also
be submitted for any books.
Following completion of the course, documentation must be submitted to reflect
satisfactory completion (i.e., passing grade or certificate of completion). If
reimbursement (or advance) is requested prior to course completion, documentation
of satisfactory course completion must be submitted within 3 months of the
completion of the course. Documentation within the prescribed time limits is the
responsibility of the employee.
If documentation is not received, a deduction will occur on the paycheck to cover
the expenses advanced. Employee will be notified prior to any deduction being
taken from the check. All other finance and administrative procedures must also be
followed.
11. Insurance Programs and Rate of Town Contribution
Dental
Town contribution of $53.00 per month for those employees who have chosen the
family medical insurance coverage provided in Article 13. Effective August 1, 1992,
the Town will contribute $57 per month.
Medical
The Town will provide a choice of coverage under the Public Employees' Retirement
System Health Benefits Medical Program.
MGR033 A: \MOU \POAMOU9I.FNL 12/10/91 -3-
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 twice the
employee's base salary, not to exceed $150,000.
Disabilijy
The policy shall provide 60% of salary benefit, up to a maximum of $5,000 per
month. Policy shall provide coverage effective 31st day of disability.
Vision
The Town to provide up to $120.00 per family for annual reimbursement for the cost
of eye exams, prescription glasses, contact lenses, and related expenses. This
program will apply to the employee and immediate family (spouse and unmarried
children under the age of 19 who are living at home or 23 years of age and a full -
time student).
Employees shall use any medical coverage provided by their medical carrier prior
to requesting Town reimbursement. Amounts not used for the reimbursement
account shall not be carried forward beyond the fiscal year ending June 30th of any
year.
Employee Assistance Program
Premiums shall be paid by the Town. Unemployment insurance premiums shall be
paid by the Town to provide State coverage.
12. Family Medical Insurance Premiums
In lieu of the cash allocation plan found in Section 13, the Town will provide
payment of medical insurance premiums equal to the cost of Kaiser North Family
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.
13. Cash Allocation Program
Allocation available, per employee, shall be $353.75 per month, through June 30,
1992. Beginning August 1, 1992 the allocation will be $385.25. Benefits which can
be purchased by the cash allocation plan include medical insurance and dental
insurance. These benefits are available on a pre -tax basis. The Town will explore
implementing a Flexible Spending Account (FSA) Program by July 1, 1992. This
program will be in accordance with Section 125 of the IRS code.
Employees may also choose to receive part or all of their cash allocation plan in
cash. Any amounts received in cash is taxable.
MGR033 A: \MOU \POAMOU9I.FNL 12/10/91 -4-
Employees ci.,,osing to receive taxable cash will re_.lve it twice 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.
14. Uniform Allowance
Town to provide first four uniforms (per Town approved list) to new employees.
Annual $725.00 to be paid to each employee in a separate payroll check to be
distributed in the last working week of July. The Town will replace authorized
uniform items damaged in the performance of duty.
Town defines uniform and can order an individual to replace worn items at the
employee's expense.
15. Mileage Reimbursement
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
of 24 cents per mile. 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.
16. Poll Periods
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.
b. The Town shall provide an optional automatic check deposit system for use by
employees at a local (Los Gatos) financial institution. The automatic check
deposit at Commonwealth Credit Association shall continue to be available to
all employees.
17. Paychecks
Payroll deductions and accruals shall appear on all paychecks.
18. Deferred Compensation
The Town shall continue to offer a program of deferred compensation to its
members in the represented classifications.
MGR033 A: \MOU \POAMOU91.FNL 12/10/91 -5-
19. Overtime
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.
Pay or compensatory time accruals may be requested for private duty contracts.
Call Back - three (3) hour minimum with the exception of Watch I which shall be
entitled to four (4) hours if called back on the same day of work.
Definitions
A) Overtime is that time beyond any scheduled tour of duty.
B) Duty Extension - Compensation is made for actual time worked and shall be
computed in minimum quarter -hour blocks.
1) 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.
C) Call Backs - 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.
1) Call backs for officers assigned to Watch I (midnight shift) who have
worked the night before shall receive a minimum of 4 hours.
2) Personnel are considered on duty for the duration of a call back.
3) 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.
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.
MGRO33 A: \MOU \POAMOU91.FNL 12/10/91 -6-
20. Vacation Sch,,.,ule
The following vacation schedule shall apply to all employees:
Months of Employment Accrual Rate
0 to 36 months 10 days per year - 3.08 hours per pay period
37 to 60 months 15 days per year - 4.62 hours per pay period
61 to 180 months 20 days per year - 6.16 hours per pay period
181 months and over 25 days per year - 7.70 hours per pay period
Maximum accrual of vacation hours shall be 344 hours. Effective July 1, 1992,
employee serving 121 to 180 months shall accrue 23 days per year (7.08 hours
per pay period).
All represented employees will be eligible to annually cash -out one week of vacation
based upon accruals as of November 30th. Cash out will be paid during the month
of December.
21. 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.
22. Holidays and Holiday Pay
The following holidays will be observed by non - uniform personnel:
January 1st.
3rd Monday in January.
the 3rd Monday in February.
the last Monday in May.
July 4th.
the first Monday in September.
Thanksgiving Day.
the Friday following Thanksgiving Day.
December 25th.
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 shall receive compensation in -lieu of holiday time off equal to
forty (40) hours of base pay in separate payroll checks distributed the last working
week of November and May of each year. Employees shall have the option of either
taking personal leave off equal to sixteen (16) hours of base pay (specifically eight
(8) hours of base pay per each six-month period of the year, ending the last working
MGRO33 A: \MOU \POAMOU9I.FM, 12/10/91 -7-
week of NovE_ jet and May each year), or receivinz .1 -lieu compensation equal to
same if the personal leave is not used by the end of the respective six-month period.
In the event that an additional holiday is observed by the Town 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.
23. Sick Leave
Accumulation rate shall be 8 hours per month (3.70 hours per pay period). 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.
24. 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
60 -119 months
120 months or more
25%
37 1/2%
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 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 retirees shall be responsible for 100% of their share of future medical insurance
premiums once the account is exhausted.
25. Military Leave
Time off up to a maximum of four (4) weeks shall be provided for bona fide military
orders for Association represented employees subject to proper documentation of
those orders submitted to the Town. Military leave shall be granted in accordance
with the State and /or Federal Law.
MGRO33 A: \MOU \POAMOU9I.FNL 12/10/91 -8-
26. Bereavement _.eave
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.
27. Leave Without Pay
Leave without pay shall be subject to approval of the Chief of Police and the Town
Manager.
An employee who is on leave with no 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 with no
pay.
28. 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 regarding Family Leave.
The Town may, at its discretion, approve leave beyond the specific amount provided
by the State law.
All provisions of leave with no pay shall apply to non -work related medical leave.
29. Accrual of Benefits
Benefits shall not accrue to employees on unauthorized leave suspension without
pay, or leave without pay.
30. Worker's Compensation
Employees shall be provided benefits in compliance with State law.
31. Jury 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.
32. 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.
MGR033 A: \MOU \POAMOU9I.FNL 12/10/91 -9-
33. Residency Rc �direment
There is no residency requirement for represented employees.
34. doff 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 lay off shall
have the right to return to positions previously held with the Town and represented
by the Association.
35. 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.
36. 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.
The Town and Association recognize the Town's sole right 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.
37. 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 to allow the
department to fully evaluate the officer following the academy and FTO training.
Any individual on an 18 month probationary period will be eligible to receive a step
increase after 12 months.
MGR033 A: \MOU \POAMOU91.FNL 12/10/91 -10-
Individuals hired who have completed the basic academy upon hiring will be subject
to a 12 month probationary period.
Town and Association agree that all promotional appointments to the positions of
Police Sergeant shall be subject to satisfactory completion by the employee of a one
(1) year probationary period. Upon recommendation of the Chief of Police, the
Town Personnel Officer may extend the probationary period of an employee for a
period not to exceed an additional six (6) months.
38. 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. Employee evaluation forms shall
include a section with a box to be checked indicating whether an employees agrees
or disagrees with his /her evaluation.
All performance evaluations shall be discussed with the employee prior to the
evaluation being completed. Employees 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.
39. 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.
40. Re- Employment
The names of employees affected by lay off 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.
41. 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.
MORO33 A: \MOU \P0AM0U9I.FNL 12/10/91 -11-
No act or ac,_ .ty which may be grievable may be _ .isidered 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.
If the employee does not believe the grievance has been 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
MGR033 A: \MOU \POAMOU9I.FNL 12/10/91 -12-
42.
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.
Etc ual Emplovment Opportunity Grievance Procedure
A. Intent - 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.
B. Scope - This procedure shall apply to allegations of discrimination 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. Aggrieved 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.
Equal Emplovment 01212ortuniiy (EEO) Counselor: An employee trained
in EEO procedures and counseling techniques to provide informal
counseling on matters pertaining to discrimination. Affirmative Action
MGRO33 A: \MOU \POAMOU9I.FNL 12/10/91 -13-
Offi, -r will designate the individual wil.. 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.
F. Steps in the Procedure:
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
employees and provide copies
Town Manager upon request.
all formal complaints received from
of completed investigative reports to
d. Shall make available to the parties involved a copy of the complete
investigation report.
MGR033 A: \MOU \POAMOU9I.FNL 12/10/91 -14-
e. .cplore further possibility of inforr. adjustment of the problem
through negotiation or conciliation with department head or the parties
to the complaint.
f. Present findings and recommendations for adjustment 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.
43. 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.
44. Completeness of MOU
The Town and the Association acknowledge and agree to abide by the provisions of
the Meyers - Milias -Brown Act.
45. 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.
46. 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.
MGR033 A: \MOU \POAMOU9I.FNL 12/10/91 -15-
SAL91- 92.XLS
APPENDIX A
*Salary range includes the 5% Specialty Pay
1/29/92 1 SAL91- 92.XLS
TOWN OF LOS GATOS
BIWEEKLY SALARY SCHEDULE
POLICE PERSONNEL
(Effective June 21, 1992)
CLASS
RANGE
A
B C
D
E
Police
P1A
1,444.60
1,517.60 1,593.60
1,672.00
1,756.00 Biweekly
Officer
18.06
18.97 19.92
20.90
21.95 Hourly
Police
P1 B*
1,517.60
1,593.60 1,672.00
1,756.00
1,844.80 Biweekly
Officer
18.97
19.92 20.90
21.95
23.06 Hourly
(Specialty
Assignment)
Police
P2A
1,662.40
1,745.60 1,832.80
1,924.80
2,020.80 Biweekly
Sergeant
20.78
21.82 22.91
24.06
25.26 Hourly
Police
P2B*
1,745.60
1,832.80 1,924.80
2,020.80
2,121.60 Biweekly
Sergeant
21.82
22.91 24.06
25.26
26.52 Hourly
(Specialty
Assignment)
*Salary range includes the 5% Specialty Pay
1/29/92 1 SAL91- 92.XLS