HomeMy WebLinkAboutCity Council Resolution 11-069 RESOLUTION NO. 11- 069
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
ADOPTING MEMORANDUM OF UNDERSTANDING
FOR THE SARATOGA EMPLOYEE ASSOCIATION (SEA)
July 1, 2011 to June 30, 2015
WHEREAS, representatives of the City and SEA have reached agreement on
matters relating to the employment conditions of said employees, as reflected by the
written Memorandum of Understanding, which is attached hereto and made a part hereof;
and
WHEREAS, the Memorandum of Understanding was ratified by the SEA
membership; and
WHEREAS, this Council finds that the terms and conditions contained in said
Memorandum of Understanding fair and proper and in the best interest of the City; and
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Saratoga the terms and conditions contained in said Memorandum of Understanding for
the Saratoga Employee Association July 1, 2011 to June 30, 2015 attached as Exhibit A
to this resolution are hereby adopted.
The above and foregoing resolution was passed and adopted by the Saratoga City Council
at a regular meeting held on the 2nd day of November 2011, by the following vote:
AYES: Council Members Manny Cappello, Emily Lo, Jill Hunter, Vice Mayor
Chuck Page, Mayor Howard Miller
NAYES: None
ABSTAIN: None
ABSENT: None
J J
oward A. Miller, Mayor
ATTEST:
.4■ ALIA DATE: ns" .7//
Ann u hvan,
City Clerk
MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SARATOGA AND SARATOGA EMPLOYEE ASSOCIATION (SEA)
JULY 1, 2011 TO JUNE 30, 2015
MEMORANDUM OF UNDERSTANDING
BETWEEN CITY OF SARATOGA
AND
SARATOGA EMPLOYEE ASSOCIATION (SEA)
JULY 1, 2011 TO JUNE 30, 2015
INTRODUCTION
This Memorandum of Understanding (MOU), or "AGREEMENT dated July 1, 2011, 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 "SEA."
This MOU 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 MOU 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.
II. GENERAL CONDITIONS
A. Total Agreement
This Agreement sets forth the full and entire understanding of the parties for the period
beginning July 1, 2011, and continuing through June 30, 2015. This Agreement shall remain in
effect until a new Agreement is signed by both parties. This Agreement supersedes any prior
understandings, representations, agreements or promises of any kind, whether written, oral,
express, or implied between the parties (including all prior Memoranda of Understanding)
with respect to the subject matter of the Agreement. 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. If any provision of this Agreement is adjudged to be
void or unenforceable, the remainder of the Agreement shall nevertheless remain in effect.
Except as specifically provided in this Agreement, it is agreed and understood that the 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.
1
MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SARATOGA AND SARATOGA EMPLOYEE ASSOCIATION (SEA)
JULY 1, 2011 TO JUNE 30, 2015
B. City Council Approval
City Council approved the terms of this MOU incorporated in Resolution No. 11 -069 adopted
on November 2, 2011.
C. 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.
D. CITY Rights
The CITY reserves, retains, and is vested with any management rights not expressly granted to
the SEA by this Agreement. These CITY rights include but are not limited to the right 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;
6. Discharge, suspend, demote, reprimand, withhold salary increases and benefits, or
otherwise discipline employees in accordance with applicable laws, the Saratoga
Municipal Code, Personnel Rules and Administrative Policies; and
7. 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 Policies.
E. Meyers -Milias-Brown Act (MMBA)
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.
2
MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SARATOGA AND SARATOGA EMPLOYEE ASSOCIATION (SEA)
JULY 1, 2011 TO JUNE 30, 2015
III. 5 -STEP RANGE TABLE PAY PLAN AND COST OF LIVING ADMINISTRATION
A. 5 -Step Range Table Pay Plan
See Exhibit A for the fiscal year 2011 -12 5 -step range table pay plan including the 1.37%
cost of living adjustment effective July 1, 2011.
Effective July 1, 2011, despite the City's Personnel Rules and Policies providing for
pay range adjustments as a result of the bi- annual wage survey of comparable cities, the
language will not apply to SEA as the provision III. Salary Administration, Section A.
Salary Ranges in the MOU was eliminated and makes inapplicable the language in the
City's Personnel Rules and Policies about the bi- annual wage survey and pay range
adjustments.
B. Compensation
Cost of Living Adjustment For fiscal year 2011 -12, each SEA member shall receive a
cost -of- living adjustment of one and 37/100 percent (1.37
For each subsequent year of this MOU, each SEA member shall receive an annual cost -of-
living adjustment of no less than one percent (1.0 and no greater than two and one -half
percent (2.5 as based upon the annual average for the 12 month period of January 1 to
December 31 of the U.S. Department of Labor, Bureau of Labor Statistics, "All Urban
Consumers (CPI -U)" for the "San Francisco Oakland -San Jose" region.
If the annual average falls below one percent (1.0 each SEA member shall nevertheless
receive a minimum one percent (1.0 cost -of- living adjustment; if the above Index
increases above two and one -half percent (2.5 each SEA member shall nevertheless
receive a maximum two and one -half percent (2.5 cost -of- living adjustment.
Pay Employees occupying a position in a classification covered by this MOU shall be
paid a base salary (exempt FLSA status) or hourly rate of pay (non exempt FLSA status)
within the range established for that position's classification.
Placement Within 5 -Step Range Table —The CITY will determine placement consistent
with the Personnel Rules and Policies.
Progression Within 5 -Step Range Table Each employee will be eligible to receive a salary
increase to the next higher step within the range of their assigned classification upon the
employee's anniversary date of hire.
Eligibility for Progression within Range All regular and eligible employees (with
reference to the paragraph immediately above) will be evaluated on an anniversary basis
and will advance in their pay range based on anniversary performance evaluation results.
No increase in pay shall be automatic solely upon completion of a specified period of service.
3
MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SARATOGA AND SARATOGA EMPLOYEE ASSOCIATION (SEA)
JULY 1 2011 TO JUNE 30, 2015
All increases shall be contingent upon a satisfactory anniversary evaluation of the employee's
performance, and shall require recommendation of the Department Head. In the case that an
employee receives a cumulative rating of less than three (3) points on the anniversary
performance evaluation, indicating a cumulative rating less than "meets expectations the
employee will not receive a pay increase other than an approved and budgeted cost -of- living
increase in accordance with Article III. 5 -Step Range Table Pay Plan and Cost of Living
Administration, Section B. Cost of Living Adjustment. An employee who is denied an
increase in pay may discuss such denial with his/her Department head and the City Manager
(or his/her designee). The decision of the City Manager (or his/her designee) shall be final.
An employee who has received a cumulative rating of three (3) points or greater during the
anniversary employee performance evaluation will be eligible to receive a pay increase of five
percent (5 (1 step) above their existing pay, until such time as the employee reaches the top
of his/her pay range, at which time the employee shall not advance beyond the top of the
established range, except as provided for in Article III. 5 -Step Range Table Pay Plan and Cost
of Living Administration, Section C. Performance Incentive Compensation.
Promotion Promotion is the movement of an employee from one classification to another
classification having a higher salary range. At the time an employee is promoted, his or her
salary shall be adjusted as follows:
If the first step in the salary range for the employee's new position is at least five percent (5
greater than the employee's current salary range, the employee shall be moved to the first step
of the new salary range.
If the first step in the salary range for the employee's new position is less than five percent
(5 greater than the employee's current salary range, the employee shall be moved to the step
which would provide, at a minimum, a five percent (5 increase in salary.
If no step in the salary range for the new position would provide the employee with at least a
five percent (5 salary adjustment, the employee shall be moved to the top step of the new
salary range.
All promotional appointments shall be subject to a probationary period of one year. During
the probationary period, a supervisor may evaluate an employee at any time. Upon successful
completion of the twelve -month probationary period, a written evaluation will be prepared. At
the completion of a successful probationary period, the employee shall be granted regular
employment status and may advance in his/her salary range as part of the anniversary
evaluation process.
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 and provided that the employee subject to not passing probation did not
violate the Personnel Rules and Policies' list of causes for discipline (except that an
employee who has unsatisfactory job performance based on lack of knowledge, skills, and
abilities required of the higher classification will be allowed reinstatement to the lower
4
MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SARATOGA AND SARATOGA EMPLOYEE ASSOCIATION (SEA)
JULY 1, 2011 TO NNE 30, 2015
classification if the conditions are met.) If no vacancy exists, the employee may ask to be
placed on a re- employment list.
C. Performance Incentive Compensation
Employees represented by SEA who have remained at Step 5 for five (5) years may be eligible
for an additional five percent (5 of pay following receipt of a cumulative rating of three (3)
points or greater during the anniversary employee performance evaluation. Five (5) years after
meeting the criteria for the initial performance incentive compensation described above, a
qualified employee that is an employee who has remained at five percent (5 above the top
of his/her same salary range may be eligible for an additional salary increase of five percent
(5 for a maximum of 10% above Step 5 following receipt of a cumulative rating of three
(3) points or greater during the anniversary employee performance evaluation.
D. Anniversary Employee Evaluations
The CITY administers an anniversary employee evaluation process. The process includes a
voluntary self evaluation prepared by the employee and a performance evaluation prepared
by the employee's supervisor /manager. Ratings on the Performance Evaluation are tied to
the following numerical scores:
Score Rating Description
1 Unsatisfactory
2 Below Expectations
3 Meets Expectations
4 Exceeds Expectations
5 Outstanding
The employee is rated on his/her performance in up to eight (8) categories:
Customer Service Ability to Work Well with Others
Quality of Work Accountability
Initiative Communication Skills
Flexibility Supervision if applicable
The employee receives a composite score based upon individual ratings received under
each category. An employee who has received a cumulative rating of three (3) points or
greater during the anniversary employee performance evaluation will be eligible to receive
a pay increase of five percent (5 (1 step) above their existing pay until the employee
reaches step 5.
5
MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SARATOGA AND SARATOGA EMPLOYEE ASSOCIATION (SEA)
JULY 1, 2011 TO JUNE 30, 2015
E. Furlough Days
Effective September 1. 2011, each SEA unit member will forego receiving payment for 2
days of furlough on days that would otherwise be work days between September 1, 2011,
and June 30, 2012. The employee is not to perform any work on the furlough day. The two
days of City -wide furloughs will be approved by the City Manager after receiving
employee input.
A supervisor may require in writing that an employee will take a different day off as a
furlough day when necessary for operational needs. The supervisor will only authorize an
employee to take a different day off when necessary for the City's operational needs (such
as the IT depathuient working on a City -wide furlough day to perform an IT upgrade that
needs to be performed when others are not working).
No PTO (or any other paid time off such as administrative leave or compensatory time off)
can be used on the furlough day each month because each furlough day must result in no
cost to the City.
Specific Rule Application for Exempt Employees
Deductions from the pay of an exempt employee of a public agency for absences due to a
budget required furlough shall not disqualify the employee from being paid on a salary
basis except in the workweek in which the furlough occurs and for which the employee's
pay is accordingly reduced (29 C.F.R. 541.710). In a week that includes a furlough day, an
overtime exempt employee cannot work beyond the employee's regularly scheduled work
hours.
W. WORKING CONDITIONS
The CITY will continue to operate on a 9/80 work schedule to be determined by the City
Manager and Directors where a full -time work week constitutes forty (40) hours within seven
consecutive 24 hour days, also defined as one hundred sixty -eight (168) hours. Employees on a
9/80 schedule are scheduled to work 8 nine hour days, 1 eight hour day, and have one day off
every two weeks. An employee's workweek begins in the middle of the employee's 8 hour day
and the employee's day off is on the same day of the week in the following week.
6
MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SARATOGA AND SARATOGA EMPLOYEE ASSOCIATION (SEA)
JULY 1, 2011 TO JUNE 30, 2015
For example, the standard 9/80 work schedule for most SEA members is as follows:
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
4
(end)
off 9 9 9 9 4 off
(start)
off
(end)
off 9 9 9 9 off off
(start)
4
(end)
off 9 9 9 9 4 off
(start)
off
(end)
off 9 9 9 9 off off
(start)
Written Authorization signed by the City Manager is required for a work schedule arrangement
different from the standard 9/80 schedule. The written authorization must be filed with the Human
Resource and Payroll Divisions.
Fridays when the CITY is not open for business are referenced as "off- Fridays."
The work period (pay period) is the period encompassing two consecutive workweeks.
A holiday furlough will exist whereby the CITY operations are closed from December 24 through
January 1 of every year. Employees shall utilize their available balances (administrative leave, earned
paid time off, or earned compensatory time), if applicable. Employees that utilize unpaid leave due to
an insufficient leave balance shall maintain regular benefit status. Employees may not utilize unpaid
leave prior to exhausting their available balances.
V. OVERTIME WORK
Those employees eligible through the Fair Labor Standards Act for overtime shall receive it
according to the law:
(1) Overtime for all eligible SEA members shall be defined as any time worked beyond the
standard work week as described above. The 9/80 work schedule may not be used in any
application that requires entitlement to FLSA overtime as the CITY and SEA agree to the
9/80 work schedule;
(2) Overtime compensation shall be computed at one and -a -half times the employee's regular
rate of pay for hours worked over 40 hours in one workweek; Overtime is paid only for
hours worked beyond 40 hours in a week, not hours paid.
All employee overtime must be preapproved in advance of the employee working overtime and in
writing by the Department Head. The employee's written authorization to work overtime is
required to be turned in with the employee's time sheet for each pay period.
7
MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SARATOGA AND SARATOGA EMPLOYEE ASSOCIATION (SEA)
JULY 1, 2011 TO .NNE 30, 2015
VI. STANDBY PAY
Non exempt employees may be assigned to standby duty as determined and as assigned in
advance by the City Manager or Department Head. Employees assigned to standby duty must
report for duty within one hour of notification and be able to perform the duties as assigned.
Employees assigned to standby duty will be issued City cell phones and must answer telephone
calls. Employees are compensated $25.00 for each weeknight, defined as from the end of the
employee's work day's shift to the beginning of the next day's shift, and $50.00 per day for
each weekend, defined as the end of the employee's workday on Thursday of an off -Friday
week or Friday of an on -Friday week to the beginning of the next workday (off- Friday,
Saturday, Sunday), or holiday assigned to standby status, unless an employee's regularly
scheduled work day includes an off Friday, Saturday, or Sunday. If an employee's regularly
scheduled work day includes an off Friday, Saturday, or Sunday, such an employee receives
only the $25.00 for standby after working the employee's regularly scheduled shift.
VII. CALL OUT PAY
Non exempt employees who are called out to perform work of an emergency nature after the
employee's regularly scheduled workday are compensated for a minimum of one (1) hour for
each occurrence at one and one -half (1.5) times the employee's regular hourly rate of pay.
Employees will be compensated from the time they leave their residence until their direct return
home after being released from the assignment. A second call out while responding to the first
does not restart the clock. For example, if an employee is responding to a call out that begins at
2 p.m. and receives a second call at 2:15 p.m., and both calls are addressed and the employee is
home by 3 p.m., both calls are within the one -hour minimum.
VIII. DIFFERENTIAL FOR SPLIT SHIFT
SEA members in the Facilities Maintenance classification shall receive an additional $25.00 for
each day when required to work a split shift. A split shift means a work schedule that is
interrupted by non -paid and non working periods of more than one hour scheduled by the City
other than rest or meal periods. For example, if the City scheduled a Facilities Maintenance
employee to work from 8 to 11 a.m. and again the same day from 2 to 7 p.m., the break of more
than one hour mid -day is a split shift.
IX. MEAL REIMBURSEMENT
The CITY will provide a meal or reimburse the cost of a meal up to $10.00 for each employee
who is required to work extended overtime or who is required to work an 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.
8
MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SARATOGA AND SARATOGA EMPLOYEE ASSOCIATION (SEA)
JULY 1, 2011 TO JUNE 30, 2015
X. BENEFITS
A. Health and Dental Premium Contributions and In -Lieu Payments
The CITY contributes 100% of the medical premium for regular, full -time employees who
elect either the Kaiser, Blue Shield, or PERS Choice plans. Each plan includes eligibility for
employee only, employee 1 dependent, and employee 2+ dependents. For employees
who elect to enroll in the PERS Care Plan, the CITY will contribute the amount equal to the
Kaiser, Blue Shield, or PERS Choice plan premium, whichever is greater, depending on the
plan choice (i.e. employee only, employee 1 dependent, or employee 2+ dependents).
The CITY contributes 100% of the dental premium for regular, full -time employees.
The health and dental contributions paid by the City 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.
Effective January 1, 2012, an employee who completes and submits required documents (1)
to prove that the employee has other health insurance and/or dental coverage and (2) to
waive City provided health insurance and/or dental coverage will receive a payment per
month of $350.00 for medical cash in -lieu and $25.00 per month for dental cash in -lieu as
additional taxable wages.
The employee must complete and submit any required documents and provide proof of
other health and/or dental insurance coverage during open enrollment (in or around
October) to be eligible for the health and/or dental cash -in -lieu payment beginning the
following January.
Only qualifying events as defined by law allow employees to make a change to their health,
dental, and/or in -lieu enrollment elections during the year (outside of the annual open
enrollment period). If an employee submits proof of other coverage at a time other than
open enrollment, Human Resources will process the cash in -lieu payment(s) effective the
date following the last date of enrollment in the health and/or dental plan which is
determined by the health and/or dental plan contracts.
The monthly health and/or dental cash in -lieu payments 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.
9
MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SARATOGA AND SARATOGA EMPLOYEE ASSOCIATION (SEA)
JULY 1, 2011 TO NNE 30, 2015
B. Health Insurance for New Hires
Effective July 1, 2011, for any employee hired on or after July 1, 2011, the City will
provide a monthly health insurance contribution as follows: $600.00 for employee -only
coverage, $1200.00 for employee plus one dependent coverage, and $1500.00 for employee
plus two or more (family) coverage. If an employee selects a health insurance plan with a
monthly premium above the City contribution, the employee will pay the amount above the
City contribution as a payroll deduction.
C. Life and Accidental Death Insurance
The CITY provides $50,000 of life and accidental death and dismemberment insurance for all
non management, and $100,000 of life and accidental death and dismemberment insurance for
mid management employees. SEA members designated mid management include: the City
Clerk, Senior Recreation Supervisor, Facilities Maintenance Supervisor, Building Official,
Senior Civil Engineer, Senior Planner/Planning Manager, and Senior Arborist. Coverage shall
begin on the first day of the month following date of hire and ends on the 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.
D. Confidential Employees
The CITY may designate certain employees as "Confidential." Confidential employees are
privy to management decisions and related confidential information regarding
employer /employee relations. Confidential employees assigned to the positions listed below
shall be restricted from 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 List Department
Administrative Analyst VII CM Department
City Clerk CM Department
Executive Assistant to the CM/Deputy City Clerk CM Department
Accounting Technician F &A Department
Accountant VII F &A Department
IT Administrator F &A Department
10
MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SARATOGA AND SARATOGA EMPLOYEE ASSOCIATION (SEA)
JULY 1, 2011 TO JUNE 30, 2015
E. Administrative Leave
Administrative Leave is compensated time off given to regular, full -time exempt employees
of the CITY. This leave shall be taken in a manner consistent with Paid Time Off (PTO).
Use of administrative leave is a privilege and is provided in recognition that CITY projects
often require employees to devote whatever hours are necessary, irrespective of a regular
scheduled workweek, to fulfill the obligations of the job.
CITY shall grant SEA members in exempt classifications, on a fiscal year basis, twenty (20)
hours of administrative leave. Such leave shall be taken in a manner consistent with the use of
PTO. Administrative leave cannot be carried over from year to year, and must be used by
June 30 of the fiscal year in which it was accrued. Administrative Leave must be exhausted
prior to using PTO.
Administrative Leave Timecard Reporting: Administrative Leave must be taken by
exempt employees in increments of (1) hour or more in a workday. For example, when the
employee leaves work one hour early to take care of personal business.
F. Paid Time Off (PTO)
FY 2011 -12 PTO Cash -Out Option: For each employee with over 400 hours of accrued
PTO as of August 31, 2011, the City will offer a one -time cash -out of accrued PTO down to
400 hours. Eligible employees will receive the cash value payment as soon as feasible.
FY PTO Cash -Out Option Effective Fiscal Year 2012 -2013 through Fiscal Year 2014-
2015: A PTO Cash -Out Option will not be made other than at the time of termination,
except for the optional PTO cash -out plan described as follows:
If an employee has used the required minimum of 80 accrued hours of PTO in the prior
fiscal year, the employee is eligible to cash out up to a maximum of 200 accrued hours of
PTO per fiscal year on approximately September 1 and/or March 1. An employee must
maintain a minimum balance of 200 hours of accrued PTO after the cash out.
PTO Accruals:
Effective September 1, 2011, the PTO accrual cap of 600 hours in the Personnel Rules will
be enforced. Under no circumstances can an employee accrue more than the accrual PTO
cap at any point in time. Once an employee reaches the accrual cap, no additional PTO will
accrue until the employee uses his or her accrued PTO and reduces the balance to less than
the accrual cap. Thereafter, PTO benefits will continue to accrue on a prospective basis
only until the employee reaches the cap. No retroactive credit will be given for the time
when accrued PTO was at the cap.
PTO Timecard Reporting: PTO must be taken by exempt employees in increments of one
hour or more in a workday. For example, when the employee leaves work one hour early
to take care of personal business.
11
MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SARATOGA AND SARATOGA EMPLOYEE ASSOCIATION (SEA)
JULY 1, 2011 TO JUNE 30, 2015
XI. 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 of full -time service.
On an annual basis, PERS provides the City with an "annual employer statement" which
includes a description of the benefits included in the City's contract with PERS for the 2 @55
plan (contract effective date: September 1, 1999) and the 2 @60 plan (effective date to be
determined). On an annual basis, the CITY will provide SEA members a copy of the 2 @55
and 2 @60 reports following the City's receipt of the reports by PERS. Effective October 26,
2011 the City will provide SEA members a copy of the 2 @55 "annual employer statement."
Tier 1: Ca1PERS Retirement Plan of 2 %(a,55 for Employees Hired Before July 1, 2011: The
CITY, through its contract with PERS, provides for retirement benefits for any employee hired
before July 1, 2011 as defined by the 2 @55 retirement plan formula (contract effective date:
September 1, 1999). The City's 2 @55 contract with PERS includes Government Code 20042
the final compensation is the average full -time monthly pay rate for the highest 12 consecutive
months.
Effective September 1, 2011, each employee covered by the 2 @55 retirement plan formula
will pay 7% of the employee's compensation on a pre -tax basis.
Tier 2: Ca1PERS Retirement Plan of 2 %(7x,60 for Employees Hired After July 1, 2011:
Effective upon agreement from all City bargaining groups and as soon as the City can complete
the legally required process with PERS, a Tier 2 Retirement Plan of 2 @60 will be implemented
for any employee hired on or after July 1, 2011. The City's 2 @60 contract with PERS will
include Government Code Section 20037 the final compensation is the highest average annual
compensation earnable by a member during the three consecutive years of employment
immediately preceding the effective date of his or her retirement.
Each employee covered by the 2 @60 plan will pay 7% of the employee's compensation on a
pre -tax basis.
12
MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SARATOGA AND SARATOGA EMPLOYEE ASSOCIATION (SEA)
JULY 1, 2011 TO JUNE 30, 2015
XII. UNIFORM AND CLOTHING ALLOWANCES
Each regular full -time employee in the following positions shall receive an allowance of $200
per fiscal year for the purchase of safety boots, protective clothing, and laundering of uniform
shirts:
Facilities Maintenance Worker UII/III, Lead
Facilities Maintenance Supervisor
Code Compliance Specialist
Building Inspectors
Three shirts per employee per year are purchased directly by the City in the colors designated
by the City. This $200 allowance shall be paid on the second pay date in July. The allowance
shall be prorated from the date of hire for a newly hired employee. The allowance is reported
to PERS as salary earned.
XIII. TUITION REIMBURSEMENT
All regular employees of the CITY who have been employed continually for at least one year prior
to the commencement of an approved or required course are eligible for the CITY's tuition
reimbursement program.
A. Coursework for Degree or Certificate
If the course(s) taken is/are job related or in fulfillment of the requirements for a degree or
certificate, one hundred percent (100 reimbursement will be afforded for tuition, fees and
books by the CITY up to a maximum of one thousand dollars ($1,000) per employee per fiscal
year. The Department Head and City Manager will determine job relatedness.
B. Coursework for Professional Development
If the course(s) is /are not specifically related to the employee's current position, and does not
fulfill the requirements for a degree or certificate, but does provide for professional
development related to the worker's position of employment or a higher position in the CITY,
reimbursement will be afforded for tuition, fees and books by the CITY at one hundred
percent (100 up to a maximum five hundred dollars ($500) per employee per fiscal year.
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.
13
MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SARATOGA AND SARATOGA EMPLOYEE ASSOCIATION (SEA)
JULY 1, 2011 TO NNE 30, 2015
XIV. GRIEVANCE PROCEDURE
A. Policy The goal of this grievance procedure is to make every reasonable effort to resolve
applicable complaints as near as possible to the point of origin.
B. Eligibility to File a Grievance A grievant is a regular employee who is personally affected
by an act or omission that occurred no more than 15 calendar days prior to the reporting of
the grievance, provided that the act or omission comes within the definition of "grievance"
as described herein.
C. Definition of "Grievance" Subject to the exclusions, a grievance is defined as any dispute
that: (1) is job related, (2) is wholly or partially within the province of the CITY to rectify
or remedy, (3) concerns terms and conditions of employment, (4) involves the
interpretation, application, or alleged violation of a specific section or provision of the
current MOU between the CITY and SEA, and (5) is not subject to any other CITY dispute
resolution process or procedure that is provided by statute, ordinance, resolution or
agreement.
D. Exclusions from the Grievance Procedure The following matters are excluded from the
definition of "grievance
1. Requests for changes in wages, hours, or working conditions, including any impasse or
dispute in the meeting and conferring process or matter within the scope of
representation;
2. Requests for changes in the content of employee evaluations or performance reviews,
oral or written warnings, reprimands or counseling;
3. Challenges to a reclassification, layoff, transfer, denial of reinstatement, or denial of a
step or merit increase;
4. Challenges to any disciplinary action;
5. Challenges to examinations or appointment to positions;
6. Management of the CITY generally, or issues of CITY or Department policy;
7. Determination of the nature, necessity or organization of any service or activity
conducted by the CITY, including the decisions to expand or reduce services or the
workforce, and/or to impose layoffs;
8. Methods of financing;
9. Determination of and/or change in facilities, equipment, methods, technology, means or
size of the work force;
14
MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SARATOGA AND SARATOGA EMPLOYEE ASSOCIATION (SEA)
JULY 1, 2011 TO JUNE 30, 2015
10. Determination of or change in the location, number of locations, relocations and types
of operations, processes or materials to be used in carrying out CITY functions;
11. Determination of work assignments and schedules;
12. Determination of productivity or performance programs and standards;
13. Determination of standards, policies, and procedures for selection, training, and
promotion of employees; and
14. Establishment, implementation, and modification of Department organizations,
supervisory assignments, chains of command, and reporting responsibilities.
E. Arbitration and Grievance Procedure If the SEA believes that the CITY has violated this
Agreement, such matters arising during the term of this MOU "grievances will be
resolved through this Grievance Procedure, which is the sole and exclusive method of doing
so.
1. STEP (1) The SEA Representative will attempt to resolve the matter with the
supervisor. If the matter is not resolved, the SEA will file a written grievance with the CITY's
Human Resources representative within fifteen calendar days after the employee or SEA is
aware or reasonably should be aware of the act or omission that caused the grievance. The
grievance shall specify the date(s) of the alleged violation(s) and the provisions of the
Agreement applicable to the dispute. A grievance not filed in writing within the above time
shall be invalid or waived, excepting any complaint relative to wages shall not be deemed
invalid or waived until thirty (30) calendar days subsequent to origin of cause of the complaint
and in no event shall an employee be deprived of actual wages due.
2. STEP (2) The CITY shall answer the grievance in writing within fourteen (14)
calendar days after the written grievance is filed. The City Human Resources representative and
the SEA will discuss the grievance during this period. If the grievance is not settled, the SEA
may advance it to Step 3 by giving written notice to the City Manager within seven (7) calendar
days after the CITY Human Resources representative answers the grievance in writing. If the
CITY does not timely file an answer, the grievance will automatically advance to Step 3 and
the SEA may request to meet with the CITY manager.
3. STEP (3) During the seven (7) calendar days after a grievance advances to Step 3, the
City Manager and the SEA will attempt to settle it. If it is not settled during that seven (7)
calendar day period, the SEA may advance it to Arbitration by delivering written notice to the
City Manager within fourteen (14) calendar days after the end of the seven (7) calendar day
period. In the absence of such written notice, the grievance will be settled on the basis of the
CITY's answer.
The time limits in this Grievance Procedure may be extended by mutual written agreement.
Each party will provide the other with a current address of that party's representatives
identified above.
15
MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SARATOGA AND SARATOGA EMPLOYEE ASSOCIATION (SEA)
JULY 1, 2011 TO NNE 30, 2015
4. ARBITRATION
(a) Upon filing by the SEA of an appeal to arbitration as provided in Step 3 of the
Grievance Procedure, the parties will promptly attempt to agree on an independent
arbitrator to hear and resolve the grievance.
(b) If the parties are unable to agree on an arbitrator within seven (7) calendar days after the
SEA delivers the notice of appeal to arbitration, either party may apply to the State
Mediation and Conciliation Service (SMCS) for a panel of seven arbitrators. The party
applying for the list will request that the list be sent by the SMCS to both parties.
(c) Upon receipt of the list, the parties will promptly select an arbitrator to hear and decide
the grievance by alternately striking names from the list (coin toss for first strike) until
only one remains, and s/he will be the arbitrator for the case.
(d) The arbitrator will decide the case by a written opinion following the hearing. The
arbitrator's decision will be final and binding provided that the arbitrator's decision is
based on the provisions of this Agreement as written and does not add to, subtract from
or ignore any provision of this Agreement. Either party may have a transcript of the
hearing made, but in that event, that party will pay for the transcript.
(e) The fees and expenses of the arbitrator and the court reporter will be paid one -half by
each party. Each party's own expenses will be paid by that party.
16
MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SARATOGA AND SARATOGA EMPLOYEE ASSOCIATION (SEA)
JULY 1, 2011 TO JUNE 30, 2015
XV. SCOPE OF AGREEMENT
This MOU represents the entire and complete understanding reached between the representatives
of the CITY and the representatives of the SEA for the period designated, and applies to all
positions represented by the SEA.
XVI. RATIFICATION
This MOU was ratified by a majority vote of the members of the SEA on October 31, 2011.
City Council approved the terms of this MOU incorporated in Resolution No. 11 -069 adopted
on November 2, 2011.
Representative of the Representative of the
City of Saratoga: Saratoga Employees Association:
Dave Anderson, City Manager Steve Moore, Plan Ch ck Engineer,
SEA President
Date: 7 2.-gz) Date: 11 11 2 oll
Attachment A: SEA 5 -Step Salary Range Table
17
Attachment A: SEA 5 -Step Salary Range Table for FY2011 -12
SARATOGA EMPLOYEE ASSOCIATION (SEA)
FY 2011112 Salary Range Table
'POSITION TITLE I I STEP 1 IsTEP 2 1STEP 3 1STEP 4 ISTEP 5 1
MID- MANAGEMENT CLASSIFICATIONS
Arborist Senior 3,468.00 3,641.60 3,824.00 4,015.20 4,216.00 EXEMPT
90,168.00 94,681.60 99,424.00 104,395.20 109,616.00
43.35 45.52 47.80 50.19 52.70
Building Official 3,918.40 4,114.40 4,320.00 4,536.00 4,763.20 EXEMPT
101,878.40 106,974.40 112, 320.00 117,936.00 123,843.20
48.98 51.43 54.00 56.70 59.54
City Clerk 3,520.00 3,696.00 3,880.80 4,075.20 4,279.20 EXEMPT
91,520.00 96,096.00 100,900.80 105,955.20 111,259.20
44.00 46.20 48.51 50.94 53.49
Engineer Senior Civil 3,918.40 4,114.40 4,320.00 4,536.00 4,763.20 EXEMPT
101,878.40 106,974.40 112,320.00 117,936.00 123,843.20
48.98 51.43 54.00 56.70 59.54
Facility Maintenance Supervisor 3,008.80 3,159.20 3,316.80 3,482.40 3,656.80 EXEMPT
78,228.80 82,139.20 86,236.80 90,542.40 95,076.80
37.61 39.49 41.46 43.53 45.71
Planner Senior 3,468.00 3,641.60 3,824.00 4,015.20 4,216.00 EXEMPT
90,168.00 94,681.60 99,424.00 104,395.20 109,616.00
43.35 45.52 47.80 50.19 52.70
Recreation Supervisor Senior 3,008.80 3,159.20 3,316.80 3,482.40 3,656.80 EXEMPT
78,228.80 82,139.20 86,236.80 90,542.40 95,076.80
37.61 39.49 41.46 43.53 45.71
STAFF CLASSIFICATION
Account Clerk 2,108.80 2,214.40 2,324.80 2,440.80 2,563.20 NON
(Rec Facilities Dept.) 54,828.80 57,574.40 60,444.80 63,460.80 66,643.20 EXEMPT
26.36 27.68 29.06 30.51 32.04
Accountant 1 2,750.40 2,888.00 3,032.80 3,184.80 3,344.00 EXEMPT
71,510.40 75,088.00 78,852.80 82,804.80 86,944.00
34.38 36.10 37.91 39.81 41.80
Accountant 11 2,944.00 3,091.20 3,245.60 3,408.00 3,578.40 EXEMPT
76,544.00 80,371.20 84,385.60 88,608.00 93,038.40
36.80 38.64 40.57 42.60 44.73
Accounting Technician 2,244.00 2,356.00 2,473.60 2,597.60 2,727.20 NON
58,344.00 61,256.00 64,313.60 67,537.60 70,907.20 EXEMPT
28.05 29.45 30.92 32.47 34.09
Administrative Analyst 1 2,750.40 2,888.00 3,032.80 3,184.80 3,344.00 EXEMPT
71,510.40 75,088.00 78,852.80 82,804.80 86,944.00
34.38 36.10 37.91 39.81 41.80
Administrative Analyst II 2,944.00 3,091.20 3,245.60 3,408.00 3,578.40 EXEMPT
76,544.00 80,371.20 84,385.60 88,608.00 93,038.40
36.80 38.64 40.57 42.60 44.73
Attachment A: SEA 5 -Step Salary Range Table for FY2011 -12
SARATOGA EMPLOYEE ASSOCIATION (SEA) PAGE 2
FY 2011112 Salary Range Table
IPOSMON TITLE I STEP 1 ISTEP 2 ISTEP 3 `STEP 4 STEP 5 1
Building Inspector 2,948.00 3,095.20 3,249.60 3,412.00 3,582.40 NON
76,648.00 80,475.20 84,489.60 88,712.00 93,142.40 EXEMPT
36.85 38.69 40.62 42.65 44.78
Code Compliance Specialist 2,354.40 2,472.00 2,596.00 2,725.60 2,861.60 NON
61,214.40 64,272.00 67,496.00 70,865.60 74,401.60 EXEMPT
29.43 30.90 32.45 34.07 35.77
Engineer Assistant 2,941.60 3,088.80 3,243.20 3,405.60 3,576.00 EXEMPT
76,481.60 80,308.80 84,323.20 88,545.60 92,976.00
36.77 38.61 40.54 42.57 44.70
Engineer Associate 3,379.20 3,548.00 3,725.60 3,912.00 4,108.00 EXEMPT
87,859.20 92,248.00 96,865.60 101,712.00 106,808.00
42.24 44.35 46.57 48.90 51.35
Executive Assistant 2,403.20 2,523.20 2,649.60 2,782.40 2,921.60 NON
to the City Manager 62,483.20 65,603.20 68,889.60 72,342.40 75,961.60 EXEMPT
30.04 31.54 33.12 34.78 36.52
Facility Coordinator 2,166.40 2,274.40 2,388.00 2,507.20 2,632.80 NON
56,326.40 59,134.40 62,088.00 65,187.20 68,452.80 EXEMPT
27.08 28.43 29.85 31.34 32.91
Facility Maintenance Lead Worker 2,507.20 2,632.80 2,764.80 2,903.20 3,048.00 NON
65,187.20 68,452.80 71,884.80 75,483.20 79,248.00 EXEMPT
31.34 32.91 34.56 36.29 38.10
Facility Maintenance Worker 1 1,812.00 1,902.40 1,997.60 2,097.60 2,202.40 NON
47,112.00 49,462.40 51,937.60 54,537.60 57,262.40 EXEMPT
22.65 23.78 24.97 26.22 27.53
Facility Maintenance Worker 11 1,996.80 2,096.80 2,201.60 2,312.00 2,428.00 NON
51,916.80 54,516.80 57,241.60 60,112.00 63,128.00 EXEMPT
24.96 26.21 27.52 28.90 30.35
Facility Maintenance Worker III 2,244.00 2,356.00 2,473.60 2,597.60 2,727.20 NON
58,344.00 61,256.00 64,313.60 67,537.60 70,907.20 EXEMPT
28.05 29.45 30.92 32.47 34.09
IT Administrator 3,001.60 3,152.00 3,309.60 3,475.20 3,648.80 EXEMPT
78,041.60 81,952.00 86,049.60 90,355.20 94,868.80
37.52 39.40 41.37 43.44 45.61
Office Specialist II 1,795.20 1,884.80 1,979.20 2,078.40 2,182.40 NON
46,675.20 49,004.80 51,459.20 54,038.40 56,742.40 EXEMPT
22.44 23.56 24.74 25.98 27.28
Office Specialist III 2,108.80 2,214.40 2,324.80 2,440.80 2,563.20 NON
54,828.80 57,574.40 60,444.80 63,460.80 66,643.20 EXEMPT
26.36 27.68 29.06 30.51 32.04
Plan Check Engineer 3,379.20 3,548.00 3,725.60 3,912.00 4,108.00 EXEMPT
87,859.20 92,248.00 96,865.60 101,712.00 106,808.00
42.24 44.35 46.57 48.90 51.35
Attachment A: SEA 5 -Step Salary Range Table for FY2011 -12
SARATOGA EMPLOYEE ASSOCIATION (SEA) PAGE 3
FY 2011/12 Salary Range Table
IPOSMON TITLE I I STEP 1 ISTEP 2 ISTEP 3 ISTEP 4 ISTEP 5 I
Plan Check Examiner 2,941.60 3,088.80 3,243.20 3,405.60 3,576.00 EXEMPT
76,481.60 80,308.80 84,323.20 88,545.60 92,976.00
36.77 38.61 40.54 42.57 44.70
Planner -1 2,839.20 2,980.80 3,129.60 3,286.40 3,450.40 EXEMPT
73,819.20 77,500.80 81,369.60 85,446.40 89,710.40
35.49 37.26 39.12 41.08 43.13
Planner II 3,208.00 3,368.80 3,537.60 3,714.40 3,900.00 EXEMPT
83,408.00 87,588.80 91,977.60 96,574.40 101,400.00
40.10 42.11 44.22 46.43 48.75
Recreation Supervisor 2,746.40 2,884.00 3,028.00 3,179.20 3,338.40 EXEMPT
71,406.40 74,984.00 78,728.00 82,659.20 86,798.40
34.33 36.05 37.85 39.74 41.73