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HomeMy WebLinkAboutCity Council Resolution 85.9-132RESOLUTION NO. 85.9-132 RESOLUTION OF THE CITY COUNCIL OF SARATOGA AMENDING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE SARATOGA EMPLOYEES ASSOCIATION, FURTHER AMENDING RESOLUTION NO. 85-9 AS AMENDED, ADJUSTING SALARIES AND BENEFITS FOR NON-MANAGEMENT EMPLOYEES WHEREAS, the Memorandum of Understanding between the City of Saratoga (the City) and the Saratoga Employees Association (SEA) expires June 30, 2001; and WHEREAS, the City of Saratoga, through its designated representatives and pursuant to state law, has met and conferred with the organized employee representative association, SEA, through its designated representatives, conceming a new Memorandum of Understanding ~oveming terms of employment, salaries, benefits and other matters; and WHEREAS, the representatives of the City and SEA have reached an understanding regarding terms of employment, salaries, benefits and other matters for the period July 1, 2001, through June 30, 2003, for employees represented by the SEA, all of which are specified in a Memorandum of Understanding dated July 1, 2001, as set forth in Exhibit "A" and Non- Management Salary Ranges dated July 1, 2001, as set forth in Exhibit "B" and referred to in the Memorandum of Understanding, attached hereto. NOW, THEREFORE, BE IT RESOLVED that the terms and conditions of the Memorandum of Understanding between the City and SEA, dated July 1, 2001, are hereby ratified and approved. The above and foregoing resolution was passed and adopted by the City Council of the City of Saratoga on the 20th day of June, 2001, by the following vote: AYES: Councilmember Ann Waltonsmith, Vice Mayor Nick Streit, Mayor John Mehaffey NOES: None ABSTAIN: None ABSENT: Councilmembers Evan Baker, Stan Bogosian John?haffey, Mayor CITY OF SARATOGA MEMORANDUM OF UNDERSTANDING FOR WAGES, EMPLOYEE BENEFITS AND CONDITIONS OF EMPLOYMENT II. INTRODUCTION This Memorandum of Understanding (MOU), or "AGREEMENT", dated July 1,1999 2001, is between the City of Saratoga through its designated representatives, hereinafter referred to as "CITY" and the Saratoga Employees Association (SEA), hereinafter referred to as "ASSOCIATION." This Memorandum of Understanding complies with the provisions of the Meyers-Milias- Brown Act, as contained in Section 3500, et seq., of the Government Code of the State of California in that the employer-employee representatives noted herein did meet in good faith and did reach an understanding on those matters within the scope of representation. This Memorandum of Understanding also complies with Resolution No. 509-2 relating to employer-employee relations, and Resolution No. 489-2, establishing the procedure for meeting and conferring with recognized employee organizations. GENERAL CONDITIONS A. Personnel Rules and Regulations/Existing Benefits Continued This Memorandum of Understanding does not propose any modifications or changes in the provisions of City Resolution 85-9.120, or of existing benefits, as amended, unless a specific reference is made herein to a modification or addition to the conditions of these regulations. B. City Council Approval City Council approval of the terms of this Memorandum of Understanding is incorporated in Resolution 85-9. adopted on June 20, 2001. C. Total Agreement All ordinances, resolutions, administrative regulations, departmental rules and regulations, personnel policies and procedures, and management rights not specifically altered by this Agreement shall remain in full force and effect. This Agreement sets forth the full and entire understanding of the parties for the period beginning July 1, 1999 2001, and continuing through June 30, 2001 2003, at which time the MOU terminates. All prior Memoranda of Understanding are superseded or terminated in their entirety. Except as specifically provided in this Agreement, it is agreed and understood that SEA waives its right, and agrees that the City shall not be required, to negotiate with respect to any subject or matter covered in this Agreement or with respect to any other matters within the scope of negotiations, during the term of this Agreement. The waiver of any breach, term, or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. No verbal statement or other amendments, except an amendment mutually agreed upon between the parties and in writing attached to this Agreement designated as an amendment to this Agreement, shall supersede or vary the provisions in this Agreement. D. Validity of Memorandum Should any article, section, or portion of this Agreement be held unlawful and unenforceable by any court of competent jurisdiction, the court's decision shall only apply to the specific article, section, or portion of this Agreement directly specified in the decision, and the remainder of this Agreement shall not be affected by the decision. E. City Rights The City reserves, retains, and is vested with any management rights not expressly granted to the Association by this Agreement. These City fights include but are not limited to the fight to: 1. Determine and modify the organization of City government and its constituent work units; 2. Determine the nature, standard, levels, and mode of delivery of City services; 3. Determine the methods, means, number, and kind of personnel by which City services are provided; 4. Determine the procedures and standards for selection for employment and promotions; 5. Establish employee performance standards including, but not limited to, quality standards, and to require compliance with those standards; Discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline workers in accordance with'applicable laws, the Personnel Ordinance and the Personnel Rules; and Relieve employees from duty because of lack of work or lack of funds, or for inability to perform the job as required, subject to the Personnel Rules and Regulations. III. Nothing in this Article shall relieve the City of its obligation to meet and confer on the impact of the exercise of those rights which are mandatory subjects of bargaining under the Meyers-Milias-Brown Act. SALARY ADMINISTRATION A. Salary Ranges and Step Increases (Revised 7/1/1) Effective July 1, i~99 2001, all classified pay ranges and salaries will be increased by .... uum ~,~ ~.d) 5.0% (fivepercenO, and effective July 1, 2000, 2002, all classified pay ranges and salaries will be increased by 4.0% (fourpercenO. The salary pay ranges for all applicable positions and classifications shall be as set forth in Exhibit "B" to Personnel Resolution No. 85-9. adopted on June 20, 2001. The City of Saratoga classifies all miscellaneous positions according to duties and responsibilities, and a salary range is established for each job classification. There are twenty-six steps within each range, and new employees are customarily hired at the entry-level salary, or the "1" step of the range. All regular employees will be evaluated on their anniversary date and will be eligible to advance up to eight steps annually in their salary range based on overall job performance. However, a regular employee must be on the job for at least nine months during the twelve-month period preceding their anniversary date to be eligible for a performance review on their anniversary date. Ifa regular employee is not on the job for this minimum length of time, the performance review date shall be extended until such time as the employee is on the job for nine months over a twelve-month period. B. Working Out of Classification Effective July 1, 1999, non-management employees who are assigned by a Department Head or City Manager for more than fifteen (15) consecutive working days in a calendar year to perform the essential functions of a position with a higher salary range than they are regularly assigned shall receive increased compensation of at least 5% higher than their regular compensation. Out of Class assignments are temporary and shall continue as authorized by a Department Head or City Manager, but not exceed one year. Upon completion of an out of class assignment, an employee will return to his regular job classification, salary range, and step. C. Performance Incentive Compensation Effective July 1, 1999, non-management employees who have remained at the top step of the same salary range for five years may be eligible for a 2.5% salary increase based on an "Above Standard" rating on their performance evaluation, effective on their anniversary date. Five years after meeting the criteria for performance incentive compensation, qualified employees, that is employees who have remained at 2.5% VI. above the top step of the same salary range may receive an additional 2.5% salary increase based on a second "Above Standard" rating on their performance evaluation, effective on their anniversary date. PROBATION (Revised 7/111) All newly hired employees are brought into the City service under a twelve-month probationary period. During probation supervisors may evaluate employees every three months. At six months, a written evaluation will be prepared. Depending on overall performance, probationary employees may advance in their salary range up to two steps at their six-month evaluation. Upon completion of the twelve-month probationary period, a second written evaluation will be prepared. If the employee successfully passes probation, the employee shall be granted regular employment status and may advance in their salary range up to an additional th~ et six steps. PROMOTION Promotion is the movement of an employee from one class to another class having a higher salary range. At the time an employee is promoted he or she shall receive a minimum of 5% (five percent) salary increase. Determination of the amount of the increase will depend upon the employee's length of time in his or her current class, position in the salary range, and the date of last review. The effective date of the promotion will become the employee's new anniversary date. All promotional appointments shall be subject to a probationary period of one year. During this probationary period, an employee may receive a written evaluation by his or her supervisor every three months, but no less than every six months. At the completion of a successful probationary period, the employee may advance up to eight steps in their new salary range depending on overall job performance during their probationary period. If it is determined through employee performance evaluation that an employee subject to a promotional appointment does not pass probation, the probationary employee shall be reinstated to the position from which he or she was promoted provided that position is vacant and funded. If no vacancy exists, the employee may ask to be placed on a re- employment list. LAY-OFF POLICY In the event that there is an abolition of positions by the City Council due to lack of work, or of funds, an employee may be separated from employment with the City. If it becomes necessary to abolish a position, due to lack of work or of funds, the employee holding the position will be laid-off or demoted without disciplinary action. To the extent possible, employees subject to layoff shall be given a minimum notice of 14 calendar days. Layoffs will be made on a department by department basis. Layoffs shall be determined on a position basis. In the event that more than one person occupies the same classification in the same department, layoff shall be based on job knowledge, abilities, and performance history. All things being equal, the least senior employee shall be first subject to layoff. In addition to the elimination of a position, a lay-off can include reclassification to a position at a lower salary range, and/or a reduction in hours. An employee who is laid-offor demoted in accordance with the City's layoffpolicy will be kept on a re-employment list for one year from the date of the layoff. This list will be used when a vacancy arises in the same or a lower class of position. Re-employment shall be based on seniority should more than one person in the same classification be laid off from the same department. Employees who are offered and refuse re-employment will be removed from the re-employment list. Employees re-employed in a lower class, or on a temporary basis, will continue to remain on the list for the higher position for one year. The City will extend medical insurance benefits for two months to an employee who has been laid-off. During this two-month period, the City will continue to pay the previously established contribution for the employee's medical insurance premium. The City will also pay the employee 100% of the employee's accrued leave balance up to 416 hours and 50% of any accrued leave balance greater than 416 hours as of the date of layoff. This provision only applies to laid-off employees. VII. WORKING CONDITIONS The workday, workweek and work period are defined as follows: The workday begins at 12:01 A.M. and ends at 12:00 midnight. The workweek begins at 12:01 A.M. on Saturday and ends at 12:00 midnight on Friday. The work period (pay period) is the period encompassing two consecutive workweeks. VIII. FAIR LABOR STANDARDS ACT AND OVERTIME POLICY Those employees eligible through the Fair Labor Standards Act for overtime shall receive it in the following way: Effective July 1, 1995, City agrees to include paid leave time taken as time worked for purposes of calculating eligibility for overtime pay for all permanent non-exempt positions in the City service as identified on the list attached hereto. Non-exempt employees are granted the eligibility for overtime pay for time worked in excess of 10 hours in one work day or 40 hours in one work week. Overtime compensation is computed at one and one-half times the employee's regular rate of pay. In addition, overtime compensation is computed at two times the employee's regular rate of pay for time worked in excess of 12 hours in one day or 60 hours in one work week. All overtime is to be approved in advance and in writing by the Department Head and accepted in writing by the employee. This written confirmation is to be turned in with the employee's time sheet for each pay period. The employee may choose to be compensated XIo for overtime worked either by earning overtime pay or compensatory time offwith the Department Head's approval. Overtime shall not be accumulated in units of less than fifteen minutes. If compensatory time is approved, it should be used within 90 days fi:om when it is earned. The City Manager's approval is required for any employee to carry unused compensatory time beyond the 90 day period. Accumulated compensatory time may be paid off in cash at any time, at the City's discretion. Non-exempt employees shall be paid in full for any unused compensatory time upon termination. CALL OUT PAY Non-exempt employees who are called out to perform work of an emergency nature are compensated at their regular rate of pay for a minimum two hours for each occurrence, and a minimum three hours for each occurrence between 6:00 P.M. Friday and 6:00 A.M. Monday, and on holidays. Employees will be compensated fi:om the time they leave their residence until their direct retum home after being released from the assignment. STANDBY PAY Maintenance employees are compensated $10.00 for each Saturday, Sunday, or holiday assigned to stand-by status. MEAL REIMBURSEMENT The City will provide a meal or reimburse the cost of a meal up to $10 for each employee who is required to work extended overtime or who is required to work on extended emergency call out. Meal reimbursement is available if the employee works in excess of ten (10) consecutive hours during a scheduled work day or if the employee works in excess of four (4) hours during an emergency call out. Two meals will be provided if work is required in excess of eight (8) hours during an emergency call out. XII. PRODUCTIVITY/GOALS Employees and Management agree to cooperate and assist in improving productivity through assistance in developing: A. A more positive work environment. B. Innovative techniques for improving operational activities. C. Increased accuracy. D. Methods to maximize time usage. E. More effective communication with the public and other departments. BENEFITS A. Benefits Allowance (Revised 7/1/1) All employees receive a monthly Benefits Allowance which may be taken in cash and/or used for health and dental insurance coverage and deferred compensation. The amount of the Benefits Allowance is based upon the enrollment status of each employee the PERS Health Program and Delta Dental Plan, and shall be equivalent to 95% of the premium of the health plan and 100% of the premium of the dental plan selected by each employee except for the PERS Care Plan. For employees who enroll in the PERS Care Plan, the Benefits Allowance shall be equivalent to 95% of the highest premium amount of the remaining health plans available to those employees based upon their enrollment status. Any employee who declines to accept coverage in the PERS Health Program, evidenced by signing a waiver form, shall receive a monthly Benefits Allowance of $118.75 $125. Any employee who declines to accept coverage in the Delta Dental Plan, evidenced by signing a waiver form, shall receive a monthly Benefits Allowance of $25. The monthly Benefits Allowance for regular part-time employees and full time employees working less than full time will be pro-rated in proportion to the number of hours worked or accrued leave hours paid. B. Health Insurance (~evised 7/I/~) The City contracts with the California Public Employees Retirement System for the PERS Health Benefits Program. The types of health plans currently available to City employees include two statewide self-insured, fee-for-service health plans (PERS Care and PERS Choice), and numerous health maintenance organizations. Employees may enroll in a PERS plan of their choice; however, some plans require that an employee live in a specific geographic area. The effective date of health coverage is the first day of the month following the date of enrollment. New employees have 60 calendar days fi.om their date of hire to enroll in a health plan. In addition to the monthly Benefits Allowance, the City will pay the minimum PERS medical premium of $16 per month on behalf of all active employees enrolled in a PERS health plan. Employees who retire fi.om the City of Saratoga and who are enrolled in a PERS- sponsored health plan at the time of separation are eligible to continue their coverage. Effective October 1, 1993, the City will contribute $1 per month towards the minimum premium for retirees. This amount will increase annually by 5% until it equals the $16 per month minimum premium for active employees. The retiree shall pay the balance of the monthly premium. Effective July 1, 2001, the City shall reimburse medical expenses of retired employees with at least twenty years of service to the City a maximum $200 monthly until eligible for Medi-Care. Employees must comply with City procedures and submit proof of expenses to receive reimbursement. Effective July 1, 2001, the City agrees to process a Section 218 agreement with PERS and Social Security allowing employees hired prior to April 1, 1986, to contribute and earn qualifying credits for Medicare. C. Dental Insurance The City contracts with Delta Dental for dental insurance. Employees may choose between a dental maintenance organization and preferred provider plan. The effective date of dental coverage is the first day of the month following the date of eurollment. New employees have 60 calendar days from their date of hire to enroll in a dental plan. D. COBRA Upon separation of employment, employees will be notified in writing of their health and dental care continuation fights. The COBRA group continuation coverage is provided through federal legislation (the Consolidated Omnibus Budget Reconciliation Act) and allows employees who are enrolled in a group health plan and/or dental and who separate from employment, for reasons other than gross misconduct, to continue their group coverage for 18 months (Some employees and/or their family members may be eligible for additional months of coverage). Election for COBRA coverage must be made within 60 days following notification of eligibility. COBRA Health is administered by the individual health plans. The City administers Dental COBRA. D. Deferred Compensation The City provides employees the opportunity to contribute to an IRS Section 457 deferred compensation plan. Employees may contribute up to the maximum allowed by law. Contributions may come from employee's regular earnings through payroll deductions, or fi.om any unused portion of their Benefits Allowance. E. Life and Accidental Death Insurance The City provides for $50,000 of life and accidental death and dismemberment insurance for all miscellaneous employees. Coverage shall begin first day of the month following date of hire and ends date of separation. Employees may purchase additional life insurance for themselves and/or their dependents; however, availability of additional insurance is subject to the group carrier's requirements. F. Disability Coverage The City provides disability coverage, consisting of Short Term Disability payments and Long Term Disability insurance, to provide an employee with income protection if the employee becomes totally or partially disabled from a covered illness, injury, or pregnancy. Short Term Disability payments are available to employees only within the first six months fi.om the date of any qualifying condition. Long Term Disability Insurance is available to employees beginning six months after the date of any covered condition subject to the provisions of the group insurance plan. For new employees, eligibility for Short Term Disability payments begins no sooner than six months after the date of hire, while enrollment in the group insurance plan is effective on the first day of the month following the date of hire. Coverage under the group insurance plan continues for all employees until date of separation in which an employee separates from the City service. Short Term Disability Payments - The City will pay 75% of an employee's full salary and maintain existing insurance benefits, subject to eligibility requirements, for an employee on disability leave, for six months fi.om the date of injury/illness. Short Term Disability payments will commence only after 12 continuous working days during which the employee is totally disabled, or when all accrued leave is exhausted, whichever is later. For employees injured on the job and who become eligible for Industrial Injury Leave, Short Term Disability payments will commence upon exhaustion of one-half of accrued leave, and will be coordinated with any Workers Compensation benefits paid to the employee. In addition, employees on Industrial Injury Leave may supplement Workers Compensation/Short Term Disability payments with their remaining accrued leave to realize up to their full salary. Short term disability payments are reported to PERS as salary earned. Long Term Disability Insurance - The City provides Long Term Disability Insurance through a group policy which covers two-thirds of an employee's salary up to $3,000 per month ($2,000 coverage). Employees whose salaries exceed $3,000 per month may purchase additional coverage through the group policy, however availability of additional insurance is subject to the group carrier's requirements. It is incumbent on an employee who incurs a disability to file for coverage through the group policy as soon as he/she believes that he/she may be entitled to receive benefits under the policy. Failure to apply for coverage shall in no way result in the City becoming obligated to make additional payments to an employee beyond any Short Term Disability payments for which an employee is eligible. No disability coverage will be extended to an employee unless the employee is regularly seen and treated by a physician. Upon making a claim for disability benefits, an employee must provide a medical history statement and a physician's statement of disability. Upon remm to work, a doctor's certificate is required which states either that the employee has recovered fully and is able to perform regular work, or the limitations under which the employee may return to modified duty or part-time work. If the 9 employee returns to work on a less than regularly scheduled basis during the first six months of a covered disability, the City will supplement the employee's part-time salary with Short Term Disability payments in the amount neeessat~ to provide the employee with full salary, provided however that any such Short Term Disability payments do not exceed 75% of the employee's regular salary. Employees who become pregnant will be entitled to disability benefits only for the period of time that the employee is actually disabled fi.om work as with any other disability. Payments made through a group policy are not reported to PERS as salary earned. G. Section 125 Plan The City will make available to all employees the option of enrolling in a Section 125 flexible benefits plan (Cafeteria Plan). Under the plan, employees may deduct fi.om their earnings up to the maximum allowable amounts per calendar year for health care reimbursement and/or dependent care reimbursement. For the health care portion, these deductions allow employees to use pre-tax dollars to pay for eligible out-of-pocket expenses not covered 100% by insurance and not reimbursable by any other source. For the dependent care portion, employees (and their spouses, if married) with children may use pre-tax dollars to pay for eligible dependent care expenses. Under the plan, employees also have the option of using pre-tax dollars, through payroll deductions, to pay for required premium contributions to City insurance plans., G. Long Term Care Employee may purchase long term care insurance through a group benefits program administered by PERS. LEAVE A. Annual Leave (Revised 7/1/1) All regular and probationary employees will accrue annual leave at the following rate: First 60 months of employment - 61st through 120th month 121st month and beyond 22 days (176 hours) per year 27 days (216 hours) per year 32 days (256 hours) per year All employees begin accruing annual leave on their date of hire. New employees may not use annual leave during their first six months of employment except for illnesses and other cimumstances approved by their respective Department Heads. Annual leave is to be used for all time off fi'om work except for Jury Duty and Military leave. 10 An employee on disability leave shall only be entitled to accrue annual leave within the six month period after the date of injury/illness, and only if annual leave is being used by the employee. Accrual of annual leave shall be at a rate proportional to the amount of annual leave being used by the employee. An employee on industrial injury leave shall be entitled to accrue annual leave at a ~ ate p~ opm tioual lo i',c m~iuunl ul' annual l~av~ b~i,g u~ed b~ irc cmployC~ his/her usual rate for six months, then at a rate proportional to the amount of annual leave being used by the employee. Upon exhaustion of all annual leave, employees on either disability leave or industrial injury leave shall no longer accrue annual leave. All use of annual leave is to be scheduled in advance and approved by a supervisor except in the case of illness or other emergency. On the first day of each absence due to illness, an employee shall notify his or her immediate supervisor within 30 minutes of the beginning of the workday, and call in each successive day unless prior'notice has been given that a more lengthy absence is expected. In the event that an employee is absent from work due to illness for more than five consecutive work days, the employee must file a written statement from a physician certifying that 1) the employee's condition prevents him or her from performing the duties of the position, and 2) the employee is or will be sufficiently recovered from the illness to allow return to work on a specified date. When absence is for more than two work days but less than five, an employee may be required to file a physician's certificate at the discretion of the Department Head. In all cases, the cost for the doctor's visit only (not accompanying medical treatment) as required, not covered by the employee's insurance program, will be paid by the City. Each January the City will pay each employee for his/her accrued annual leave in excess of 520 hours as of December 31. Employees who have accrued annual leave in excess of 416 hours may request payment for any hours between 416 and 520 calculated based on length. First 60 months of employment 50% 61st through 120t~ month 56% 121't month and beyond 63% In all cases, payment for accrued annual leave shall be at employee's regular rate of pay as of December 31. Upon separation from the City service, employee's accrued annual leave will be paid out at the employee's regular rate of pay calculated based on length of service. When an employee voluntarily resigns from employment, no annual leave may be used between the time notice of resignation is given and the employee's last day of work 11 unless authorized by the City Manager. Upon retirement from the City, an employee has the option to consider all of his/her accrued annual leave as sick leave for the purpose of obtaining additional service credit under PERS. If an employee does not choose this option, then one-half of the accrued annual leave shall be paid out at the employee's regular rate of pay calculated based on length of service vn~cai[un icaw i'm pay uui pu~ pu~:a, and the othe~ one- half remaining accrued leave shall be considered as sick leave which shall be applied to obtain additional service credit trader PERS. Pay out of accrued annual leave will be paid out at the employee's regular rate of pay and calculated based on length of service. The City shall comply with State and Federal Family Leave Laws and afford employees all the rights thereof. Family Medical leave, California Family Rights Act and Pregnancy Disability leave will mn concurrent with all applicable use of accrued leave and unpaid leave of absences. B. Holidays The City observes the following paid holidays: (1) New Year's Day (2) Martin Luther King's Birthday (3) President's Day (4) Memorial Day (5) Independence Day (6) Labor Day (7) Columbus Day (8) Veteran's Day (9) Thanksgiving Day (10) Day after Thanksgiving (11) Christmas Eve (12) Christmas Day (13) New Year's Eve January 1 3r~ Monday in January 3"~ Monday in February Last Monday in May July 4 lst Monday in September 2nd Monday in October November 11 4~ Thursday in November Friday after Thanksgiving December 24 December 25 December 31 If a holiday falls on a Saturday, the preceding Friday will be observed. If a holiday falls on a Sunday, the following Monday will be observed. In those years in which one of the Christmas and/or New Year's holidays falls on a weekend, the Friday preceding the weekend and the Monday following the weekend shall be observed as holidays. Ifa holiday occurs when an employee is using annual leave, the holiday will not be charged against the employee's annual leave balance. In order to receive holiday pay, an employee must be on the payroll on the last regularly scheduled work day preceding the holiday and the first regularly scheduled work day following the holiday with two exceptions. 12 1. An employee on Disability Leave shall only be entitled to receive holiday pay within the six month period after the date of injury/illness. If the employee is using annual leave when the holiday occurs, payment for the holiday shall be prorated to the amount of annual leave being used. If the employee is receiving Short Term Disability payments when the holiday occurs, payment for the holiday shall be at 75% of the employee's regular rate of pay. 2. An employee on Industrial Injury Leave shall be entitled to receive full holiday pay within the six month period after the date of injury/illness. After six months, holiday pay shall be prorated to the amount of annual leave, if any, being used by the employee. C. Jury Duty Leave Employees who are called for jury duty continue to receive full pay and benefits for that period of absence. Fees received for jury duty will be deducted from employee's gross wages. D. Military Leave An employee in a reserve component of the armed forces of the United States is entitled to temporary military leave not to exceed 180 calendar days during any per/od of ordered duty for active military training. An employee who has been employed by the City for at least one year immediately prior to the day on which the absence begins is entitled to receive full salary and benefits during the first 30 calendar days of such temporary military leave, in addition to whatever pay is received fi:om the federal government for training. Pay for such purposes shall not exceed 30 days in any one fiscal year. E. Industrial Injury Leave This is leave for an on-the-job injury or illness. Beginning on the date of injury/illness, the City shall pay an employee's full salary for up to the first three consecutive workdays of any absence due to any one injury or illness. In the event that such leave exceeds three consecutive workdays, the employee shall be entitled to Workers Compensation benefits as prescribed by law. Monies paid through a third party administrator are not reported to PERS as salary eamed. In addition, the employee may use annual leave to supplement Workers Compensation benefits up to his/her full salary. An employee on Industrial Injury Leave will continue to receive full City paid insurance benefits (medical, dental, life, and long term disability) for up to 12 months from the date of injury/illness. In the event that an employee suffers an injury or illness on the job, whether or not medical treatment is necessary, he or she must advise the supervisor at once and fill out an employee claim form. An employee must also indicate on their time card any time offtaken due to an on-the-job injury or illness, or for related follow-up medical 13 appointments. Upon remm to work fi:om an Industrial Injury Leave, an employee shall provide a written statement fi:om a doctor to his/her immediate supervisor stating that a specified number of appointments are necessary for Workers Compensation approved treatment. This shall occur before the scheduling of treatment begins. Employees shall be expected to the extent possible to schedule appointments for follow-up medical treatments so as to minimize the inconvenience to fellow employees and the impact on the employee's ability to perform his/her job. F. Maternity Leave An employee with at least six months of service may request up to one hundred twenty (120) calendar days leave of for the purpose of childbirth or postnatal care. All requests for Maternity Leave must be written and shall be made to the employee's Department Head at least one month prior to the requested date for the beginning of the absence. The request is subject to review and final approval by the City Manager. A physician shall verify the pregnancy at the City's request. The employee may elect to use annual leave during Matemity Leave. Upon return fi:om Maternity Leave, the employee will be reinstated to the position held at the time the leave was granted. An employee on Matemity Leave will continue to receive full City paid insurance benefits (medical, dental, life, and long term disability) for the duration of Maternity Leave up to 120 days. G. Leave Without Pay It is not the policy of the City to grant leaves of absence under most cimumstances. In cases of hardship or for other good and sufficient reasons, the City Manager may grant leaves of absence upon written request by an employee, for a period up to 90 days. The employee will not accrue any annual leave while on leave without pay and the leave period will be considered as discontinuous service. During the time an employee is on leave without pay, the City may discontinue paying for insurance benefits on behalf of the employee, although the employee shall have the option to continue benefits at his/her own cost. H. Exempt Employees Exempt employees are paid on a salary basis. Tiffs agreement shall not be construed to permit or require weekly salary reductions affecting FLSA exempt employees, except as permitted under the FLSA. G. Confidential Employees The City may designate certain employees as "Confidential." Confidential employees 14 are privy to management decisions and related confidential information regarding employer/employee relations. Employees designated as Confidential shall be restricted 15om representing SEA on matters within the scope of representation. Effective on the date of this agreement, employees occupying the following positions are designated as "Confidential"; position City Clerk Human Resources Analyst Office Specialist (Human Resources) Office Specialist (Payroll Clerk) Office Specialist (Secretary to the City Manager) Department City Manager Administrative Services Administrative Services Administrative Services City Manager XV. RETIREMENT (PERS) The City is a contracting agency of the California Public Employees Retirement System (PERS). Regular employees become members immediately upon employment and become vested after five years. The City pays the employees' required contribution (7% of employee's compensation) in addition to the City's contribution as a contracting employer. PERS law states that compensation means renumeration paid out of fimds controlled by the employer. The City through its contract with PERS provides for retirement benefits including 2% at 55, one year final compensation, service credit at retirement for unused sick leave, survivor continuance, and 1959 survivor benefits (Level 3) if death occurs prior to retirement. The City maintains a Retirement Reserve Fund on its books to ensure sufficient funds exist to provide this benefit to all current employees through age 55, (i.e. for 35 years or through the year 2034). Funds deposited into the Retirement Reserve Fund by the City, along with all interest accruing thereto, shall belong to the City and shall be commingled with the City's investment portfolio. In October of each year, the City shall review the past and projected performance of the Retirement Reserve Fund, along with actuarial data provided by PERS, in order to determine the amount to be deposited into the Retirement Reserve Fund on July 1. By May 1 of each year, the City shall report to SEA the amount of its next contribution to the Retirement Reserve Fund along with the assumptions used to determine the contribution amount. XVI. UNIFORM AND CLOTHING ALLOWANCES Each permanent full-time Facility, Park and Street Maintenance employee shall receive an allowance of $350 (three-hundred-fifty dollars) per fiscal year for the purchase of pants and safety boots, and for uniform cleaning. Three shirts per employee per year are purchased directly by the City, in colors designated by the department head. Community Service Officers shall receive an allowance of $500 (five-hundred dollars) per fiscal year for purchasing and cleaning their uniforms. Building Inspectors (including Sr. Building 15 Inspector) shall receive an allowance of $150 (one-hundred-filly dollars) per fiscal year for protective clothing. The Uniform and Clothing A!lowances shall be paid on the second pay date in July. The Uniform and Clothing Allowances shall be prorated for a newly hired employee from the date of hire. Uniform and clothing allowances are reported to PERS as salary earned. XVII. TUITION REIMBURSEMENT (Revised 7/1/l) All regular employees of the City who have been employed continually for at least three months prior to the commencement of an approved or required course are eligible for the City's tuition reimbursement program. If the course(s) taken is job related, 100% reimbursement will be afforded for tuition, fees and books by the City up to a maximum of $-250 $500 for classes not required for an advanced degree and $1,000 for classes not required for an advanced degree per employee annually. The course(s) taken may be, but need not be in fulfillment of the requirements for a degree or certificate. Job relatedness will be determined by the Department Head and City Manager. If the course(s) is not specifically job related, reimbursement will be afforded for tuition, fees and books by the City at 50%, up to a maximum $250 per employee per year. Course(s) taken must be in fulfillment of the requirements for a degree or certificate. If an employee leaves the City voluntarily in less than one year following receipt of tuition reimbursement, a pro-rated reimbursement to the City will be deducted from the employee's final paycheck. Reimbursement will be afforded after successful completion of the course(s) requirements. Successful completion is defined as a "C" grade or a "Pass" on a pass-fail system. GRIEVANCE PROCEDURE Definition: A grievance is defined as any dispute concerning the interpretation or application of this written MOU or work related problems. A grievance may only be filed if it relates to a management interpretation or application of provisions of this Memorandum of Understanding which adversely affects an employee's wages, hours or conditions of employment. Specifically excluded from the grievance procedure are: 1. Subjects involving amendment or change of a City Council resolution, ordinance, minute order or this Memorandum of understanding. 2. Dismissal, suspension, or reduction in rank or classification. 3. Probationary dismissals. 16 4. Content of performance evaluations. 5. Violation, misinterpretation, or misapplication of Civil Service Rules of provision of the City Code. 6. Complaints regarding occupational health and safety or the applicable procedures for such complaints. 7. Disciplinary Actions. Step 1. The grievant shall discuss his or her written grievance with his or her immediate supervisor within five (5) working days following the event upon which the grievance is based or five (5) days following the day the grievant is aware of or should have been aware of the event upon which the grievance is based. A copy of all grievances filed with the immediate supervisor shall also be filed at the same time with the City Manager. The immediate supervisor shall answer the grievance in writing within three (3) working days of the discussion with the grievant. Step 2. If the grievant is not satisfied with the decision at Step 1, or if no decision is received, the grievant may appeal the decision in writing within five (5) working days to the Deparlment Head. The Department Head will meet with the grievant within three (3) working days of his or her receipt of the grievance appeal and issue a written d~cision within three (3) working days of the grievance meeting. Step 3. If the grievant is not satisfied with the decision at Step 2, or if no decision is received, the grievant may appeal the decision in writing within five (5) working days to the City Manager. The City Manager will meet with the grievant within five working days of his or her receipt of the grievance appeal and issue a written decision within five (5) working days of the grievance meeting. Step 4. If the grievant is not satisfied with the written decision bom the City Manager, or if no decision is offered, the SEA, on behalf of the grievant, may appeal the decision in writing within ten (10) working days to the City Council. The unit member may appear at the hearing with an SEA representative. Upon receipt of the grievance appeal, the City Council will review the matter and resolve it by final decision that will be binding and conclusive on all concerned. The Council will exert all reasonable efforts to complete its review and inform the employee of its decision within two weeks after receipt of the appeal. XIX. SCOPE OF AGREEMENT This Memorandum of Understanding represents the entire and complete understanding reached between the representatives of the City of Saratoga and the representatives of the 17 Saratoga Employees Association for the period designated and applies to all positions represented by the Saratoga Employees Association. XX. RATIFICATION This Memorandum of Understanding is subject to ratification by a majority vote of the members of the Saratoga Employees Association. City Council adoption of Resolution No. 85-9. and ratification by the SEA will put the terms of this Memorandum into effect. Representative of the City of Saratoga: Representative of the Saratoga Employees Association: Dave Anderson, City Manager Date: Richard Torres, President Date: 18