HomeMy WebLinkAboutCity Council Resolution 12-002 RESOLUTION NO. 12 -002
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ADOPTING
MEMORANDUM OF UNDERSTANDING
FOR THE "UNION"
(Northern California Carpenters Regional Council, Carpenters Forty Six Northern California Counties
Conference Board And Their Affiliated Local Unions)
July 1, 2011 to June 30, 2015
WHEREAS, representatives of the City and the UNION have reached agreement on matters relating to
the employment conditions of said employees, as reflected by the written Tentative Agreement for the
Memorandum of Understanding, which is attached hereto and made a part hereof; and
WHEREAS, the Tentative Agreement for the Memorandum of Understanding was initially ratified by
the UNION membership on November 15, 2011 and presented to and ratified by the City Council on November
16, 2011 (Resolution No. 11 -075); and
WHEREAS, the Union requested revisions to the Memorandum of Understanding, the City agreed, and
a subsequent ratification vote by the UNION membership approved the revised Memorandum of Understanding
on December 22, 2011; and
WHEREAS, this Council finds that the terms and conditions contained in said Tentative Agreement for
the 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 Tentative Agreement for the Memorandum of Understanding for the "UNION"
July 1, 2011 to June 30, 2015 attached as Exhibit A to this resolution are hereby ratified and adopted as the
Memorandum of Understanding.
The above and foregoing resolution was passed and adopted by the Saratoga City Council at a special meeting
held on the 18th day of January 2012, by the following vote:
AYES: Council Member Manny Cappello, Emily Lo, Howard Miller, Vice Mayor Jill
Hunter, Mayor Chuck Page
NOES: None
ABSENT: None
ABSTAIN: None
uc age, Mayor
RESOLUTION NO. 11 -075
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
ADOPTING MEMORANDUM OF UNDERSTANDING
FOR THE "UNION"
(Northern California Carpenters Regional Council, Carpenters Forty Six Counties
Conference Board and Their Affiliated Local Unions)
July 1, 2011 to June 30, 2015
WHEREAS, representatives of the City and the UNION have reached agreement
on matters relating to the employment conditions of said employees, as reflected by the
written Tentative Agreement for the Memorandum of Understanding, which is attached
hereto and made a part hereof; and
WHEREAS, the Tentative Agreement for the Memorandum of Understanding
was ratified by the UNION membership on November 15, 2011; and
WHEREAS, this Council finds that the terms and conditions contained in said
Tentative Agreement for the 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 Tentative Agreement for the
Memorandum of Understanding for the "UNION" July 1, 2011 to June 30, 2015 attached
as Exhibit A to this resolution are hereby ratified and adopted as the Memorandum of
Understanding.
The above and foregoing resolution was passed and adopted by the Saratoga City Council
at a special meeting held on the 16th day of November 2011, by the following vote:
AYES: Council Member Manny Cappello, Emily Lo, Jill Hunter, Mayor
Howard Miller
NOES: None
ABSENT: Vice Mayor Chuck Page
ABSTAIN: None
1 J
oward A. Miller, Mayor
TEST:
DATE: i 11'I1I')'bII
Cry i Morrow,
City erk
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SARATOGA AND UNION (2011 -2015)
MEMORANDUM OF UNDERSTANDING
BETWEEN CITY OF SARATOGA
AND
NORTHERN CALIFORNIA CARPENTERS REGIONAL COUNCIL, CARPENTERS FORTY SIX
NORTHERN CALIFORNIA COUNTIES CONFERENCE BOARD AND THEIR AFFILIATED
LOCAL UNIONS (UNION)
JULY 1, 2011 TO JUNE 30, 2015
I. 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 Northern California Carpenters Regional Council, Carpenters Forty Six Northern California
Counties Conference Board and Their Affiliated Local Unions, hereinafter referred to as
"UNION."
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 Agent 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 UNION
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.
B. City Council pproval City Council approval of the terms of this MOU is incorporated in
Resolution No. 12 -002 adopted on January 18, 2012.
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Final Version Ratified by the Union membership on December 22.2011
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SARATOGA AND UNION (2011 -2015)
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 UNION 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, 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.
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.
III. SALARY ADMINISTRATION
Furloughs: The parties agreed to three unpaid furlough days on eight -hour Fridays in Fiscal Year
2011 -12 (December 30, 2011, January 13, 2012, and February 24, 2012.)
Each UNION unit member will forego receiving payment for three days of furlough on eight -hour
on -Friday days that would otherwise be work days before June 30, 2012. The employee is not to
perform any work on the furlough day.
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 Exernpt Emplovees on Furlough Days
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
Final Version Ratified by the Union membership on December 22.2011
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MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SARATOGA AND UNION (2011 -2015)
(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.
Bi- annual salary survey not applicable: 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 UNION 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.
Bowan.: Beginning in March 2013, if the City's combined total of audited General Fund sales
tax and property tax revenue as reported in the most recent audited financial statement (FYE June
30, 2012) has increased 3% or more as compared to the prior year (FYE June 30, 2011) total of
audited General Fund sales tax and property tax revenue, the parties agree to reopen bargaining on
wages and benefits in or around March of 2013. If the 3% criterion is not met as of March 2013,
but the criterion is met as of March 2014 (FYE June 30, 2013 as compared to FYE June 30, 2012),
the reopener will occur in or around March of 2014. There will not be more than one reopener
(either in March 2013 or March 2014).
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.
B. Compensation
y 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 Advancement within an established 5 -Step Range
Table is considered at the time of employee eligibility.
Each employee will be eligible to receive a salary increase to the next higher step within the
range of their assigned classification upon July 1 of each year, after each employee has worked
at least six (6) months, if other eligibility criteria are met. If a new hire has not worked at least
six (6) months as of July 1, then that employee's anniversary date will be the next July 1 and
each July 1 thereafter.
Eligibility for Progression within Range All regular and eligible employees (with reference to
the paragraph immediate above) will be evaluated on a fiscal year basis and will advance in
their pay range based on fiscal year performance evaluation results.
No increase in pay shall be automatic solely upon completion of a specified period of service.
All increases shall be contingent upon a satisfactory fiscal year 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 fiscal year
Final Version Ratified by the Union membership on December 22.2011
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MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SARATOGA AND UNION (2011 -2015)
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, if any. 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
fiscal year employee perfonnance 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.
Negotiated increases: All negotiated pay increases shall apply at all steps in the range,
including applying to an employee who is receiving the 5% performance incentive
compensation step.
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 citywide fiscal year
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 classification.) If no vacancy
exists, the employee may ask to be placed on a re- employment list.
C. Working Out of Classification Employees represented by UNION who are assigned by a
Department Head or the City Manager for more than fifteen (15) consecutive working days
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Final Version Ratified by the Union membership on December 22.2011
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SARATOGA AND UNION (201 1 -2015)
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 five
percent (5 higher than their regular compensation. Out of Classification 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 classification assignment, an employee will
return to his/her regular job classification, salary range, and step.
D. Performance Incentive Compensation Employees represented by UNION who have
remained at the top step of the same salary range for five (5) years may be eligible for an
additional step increase of five percent (5 following receipt of a cumulative rating of
three (3) points or greater during the annual 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 step of his/her same salary range may be eligible for an additional salary
increase of five percent (5 following receipt of a cumulative rating of three (3) points or
greater during the annual employee performance evaluation.
E. Fiscal Year Employee Evaluations
The CITY administers an employee evaluation process each fiscal year. 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 fiscal year 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.
IV. PROBATIONARY EMPLOYEE AND REGULAR EMPLOYEE
Prgbationary Employee An employee who is serving a probationary period. The probationary
period is part of the selection process. Unless otherwise authorized by the City Manager, probation
is a twelve (12) month trial period during which a determination is made as to whether or not an
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Final Version Ratified by the Union membership on December 22. 2011
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SARATOGA AND UNION (2011 -2015)
employee is suitable for their position. A new employee serves "at will" and can be dismissed
with or without cause by the CITY for any legal y egal reason during the probationary period.
Separation Without Cause At any time during the probationary period, the employment
relationship may be terminated without cause and without right of appeal, grievance or hearing.
The City Manager or designee must approve the termination. The probationary employee shall be
notified prior to the expiration of the probationary period that he or she has been rejected for
regular appointment.
Regular Appointment Requires Passing Probationary Performance Review An employee will
receive a regular appointment only when he /she receives a "meets expectations" or above rating
on his/her written 12 -month probationary performance review, resulting in the passing of the
probationary period. If the employee does not meet the expectations for the probationary period,
he/she will be rejected for regular appointment.
Regular Employee An employee who: (1) is regularly scheduled to work on a continuing basis,
(2) has completed the probationary period for the position he or she holds, and (3) holds a
budgeted position
V. LAYOFF
A. Policy It is the CITY's intent to avoid employee layoffs whenever possible. When,
however, in the CITY'S judgment it is necessary to abolish a position of employment, the
employee holding the position may be laid off or demoted without disciplinary action and
without the right of appeal. The CITY will meet with employees of the affected
classification in order to determine whether or not a voluntary reduction in hours or other
solution may be presented in order to avoid the pending layoff.
B. Notice Whenever possible, an employee subject to layoff will be given at least 30- calendar
days' notice prior to the effective date of the layoff. Layoff notification will be provided in
the form of a "Notice of Layoff." At the time of notice, the employee will also be notified
of any displacement rights or rights to reemployment, as described below.
C. Order of Layoff Employees shall be laid off in the following order: (1) temporary
employees, (2) part -time employees, (3) probationary employees, (4) regular employees,
with all employees being laid off in the inverse order of their seniority within their
classification. Seniority is determined by length of service. "Length of service" means
employment without interruption, including all days of attendance at work and authorized
leaves of absence. Length of service does not include unauthorized absences or periods of
suspension or layoff.
In cases where two or more employees in the classification have the same seniority
determination, the following procedure will be used: Employees shall be laid off on the basis
of the last evaluation rating in the classification, provided that such information has been on
file at least 30 days and no more than 12 months prior to lay off. In such a case, employees
shall be laid off in the following order: (1) employees with an "unsatisfactory" or "below
expectations" or similar performance numerical rating, (2) employees having a "meets
expectations" or similar performance numerical rating, (3) employees with an "exceeds
expectations" or "outstanding" or similar performance numerical rating. In the event that all
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MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SARATOGA AND UNION (2011 -2015)
conditions listed above are equal, the layoff shall be determined by a flip of a coin in the
presence of the affected workers.
D. otion Upon request of the employee and with approval of the appointing authority, an
employee subject to layoff who has not held status in a lower classification may be allowed
to demote to a vacant, authorized position in the same department if he /she meets all the
requirements of the lower position as determined by the appointing authority. All
employees who are demoted under this paragraph will be paid at the rate of pay for the
lower position.
E. Transfer The appointing authority may transfer an employee subject to layoff to a vacant,
authorized position if the employee is qualified and capable of performing the essential
functions of the position as determined by the appointing authority. An employee who is
transferred will be paid at the rate of the position to which he or she is transferred. Any
employee who does not accept a transfer within 5 working days after a Notice of Transfer is
given will have automatically forfeited the ability to transfer. If the transfer involves a
change from one department to another, both department directors must consent unless the
City Manager orders the transfer for purposes of economy or efficiency.
F. Re- Employment Regular employees who have received a satisfactory or better evaluation
for the 12 months prior to lay off and have completed their probationary period at the time
of the lay off, shall be automatically placed on a re- employment list for one year for the
classification from which they were laid off. 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 after two refusals of reemployment. 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.
G. Insurance Benefits Upon Layoff The CITY will extend medical insurance benefits for two
months (the remainder of the month of separation and one more month) to an employee
who has been laid off if the employee was receiving benefits before the layoff. During this
two -month period, the CITY will continue to pay the previously established contribution
for the employee's medical insurance premium.
H. Paid Time Off (PTO) Upon separation from the CITY service, the CITY agrees to pay
100% of the employee's accrued PTO at the employee's regular rate of pay at the time of
separation.
VI. 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. For example, the standard 9/80
work schedule for most UNION members is as follows:
Final Version Ratified by the Union membership on December 22.2011
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SARATOGA AND UNION (2011 -2015)
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, except with prior written
authorization signed by the City Manager.
VII. FAIR LABOR STANDARDS ACT AND OVERTIME
Those employees eligible through the Fair Labor Standards Act for overtime ball receive it in the
following way:
1) Overtime for all eligible UNION members shall be defined as any time worked beyond the
standard workday or beyond the standard work week as described above. The 9/80 and/or
4/10 work schedule may not be used in any application that requires entitlement to FLSA
overtime as the CITY and UNION agree to the 9/80 and 4/10 work schedule;
2) Overtime compensation shall be computed at one and -a -half times the employee's regular
rate of pay for hours worked in excess of the standard work hours in one day or for time
worked over 40 hours in one workweek;
3) CITY agrees to include paid holiday hours as time worked for purposes of calculating
eligibility for overtime pay for all regular non exempt positions in the CITY service;
4) 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
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MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SARATOGA AND UNION (2011 -2015)
overtime is required to be turned in with the employee's time sheet for each pay period.
COMPENSATORY TIME OFF IN-LIEU OF OVERTIME
Supervisor Approval Required Before Work An employee may opt to accrue compensatory
time -off "CTO") in lieu of cash payment for overtime worked if his or her supervisor agrees prior
to overtime work being performed. Employees must use CTO within 180 days of accrual unless
otherwise approved by a Department head.
Calculation Rate CTO be calculated at the appropriate overtime rate.
Employee Requests to Use CTO The CITY will grant an employee's request to use accumulated
CTO provided that: (1) the department can accommodate the use of CTO on the day requested
without undue disruption; and (2) the employee makes the request no later than five days prior to
the date requested. If the employee does not provide five days' notice, or if the department cannot
accommodate the time off, the CITY will provide the employee the opportunity to cash out the
CTO requested at the end of the current pay period.
CITY Cash Out The CITY reserves the right to cash out accumulated CTO at any time.
Emplovee Cash Out During employment, CTO is cashed out at the employee's current FLSA
regular rate of pay (including all FLSA applicable salary differentials). Employees separating
from CITY service shall be compensated for all accrued, unused compensatory hours at the
current FLSA regular rate of pay.
Fiscal Year Cash -Out All Comp Time Off earned and not used as of June 15 of each fiscal year
is automatically cashed out to the employee in the pay period before the fiscal year ends. No
accrued and unused Comp Time Off can be carried over to the next fiscal year.
VIII. STANDBY PAY
Non exempt employees and Maintenance Supervisors 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 $37.50 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 $75.00 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 $37.50 for standby after working the employee's regularly scheduled shift.
IX. 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
three (3) hours 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
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MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SARATOGA AND UNION (2011 -2015)
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 three (3) -hour minimum.
X. 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 on extended emergency call
out. Meal reimbursement is available if the employee works in excess of ten (10) consecutive
hours during a scheduled workday 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.
XI. EMPLOYEE BENEFITS
A. Health and Dental Premium Contributions and In -Lieu Payments
Effective January 1, 2012, the City will provide a monthly health insurance contribution for
each employee as follows:
1. If an employee selects employee only coverage, employee plus one coverage, or
employee plus 2 or more coverage, the City will pay 100% of the lowest -cost HMO
plan's monthly premium rate, at the tier of coverage selected by the employee.
2. If an employee selects coverage other than the lowest -cost HMO plan, the City will pay
the lowest -cost HMO plan's monthly premium rate and the employee will pay the
amount above the City's contribution through automatic payroll deductions on a pre-tax
basis.
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.
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.
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
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premium above the City contribution, the employee will pay the amount above the City
contribution as a pre -tax payroll deduction.
B. Dental Insurance Plan
The City contributes 100% of the dental premium for regular, full -time employees.
C. Deferred Compensation (457 Plan) The CITY provides employees the opportunity to
contribute toward an IRS Section 457 deferred compensation plan. Employees may
contribute an amount up to a federally mandated maximum per calendar year on a pre-tax
basis.
D. Short Term Disability Insurance The CITY will pay 75% of a regular employee's full
salary for six months and maintain existing insurance benefits, subject to eligibility
requirements, for an employee on a disability leave, for three months from the date of the
qualifying injury or illness. Short term disability payments will commence only after 12
continuous working days during which the employee is totally disabled, or when all accrued
paid time off is exhausted, whichever is later. Short term disability payments are reported
to PERS as salary earned. An employee on disability leave is entitled to accrue paid time
off within the six (6) month period after the date of injury or illness and the accrual of paid
time off shall be prorated based on the number of hours of paid time off that is being
utilized by the employee. Upon exhaustion of all PTO, an employee on short term
disability leave shall no longer accrue paid time off. In other words, while an employee is
receiving the short-term disability payment of 75% of an employee's full salary, the
employee will not accrue paid time off. The 75% of salary payment will be reduced for
income received through social security and/or workers' compensation.
E. Long Term Disability Insurance The CITY provides a long term disability plan
administered by a third party to provide an employee with income protection. Following
the six (6) months of short-term disability, the group insurance policy will cover 66% of the
employee's salary up to a maximum of $2,000 per month. Benefits will be reduced for
income received through social security and/or workers' compensation. Payments made to
the disabled employee through this group policy are not reported to PERS as salary earned.
Employees whose salaries exceed $3,000 monthly are eligible to purchase additional long term
disability insurance; however, availability of the plan is subject to the carrier's minimum
requirement of ten (10) enrollees.
F. Life Insurance and Accidental Death Insurance The CITY provides for $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.
UNION members designated mid management include: Street Maintenance Supervisor
and Park Maintenance Supervisor. 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.
G. Employee Assistance Program Counseling services are available to employees and their
immediate family. Programs include personal financial management, stress management,
Noes,, marital and related domestic issues. drug or alcohol dependency, and other personal and
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work related issues.
H. Flexible Medical Spending Plan Under Section 125 of the Internal Revenue Code, the
employee may divert, on a pre -tax basis, up to a federally prescribed maximum of salary
per year into a Medical Flexible Spending Account for eligible out -of- pocket medical and
dental expenses.
I. Dependent Care Spending Plan Under Section 125 of the Internal Revenue Code, the
employee may divert, on a pre -tax basis, up to a federally prescribed maximum of salary
per year into a Dependent Care Flexible Spending Account for eligible out -of- pocket
dependent care expenses.
J. Long Term Care Employees may purchase long term care insurance through a group
benefits program administered by PERS.
K. Legislated Benefits The following benefits are mandated by law and apply to all CITY
employees:
1. Workers' Compensation This insurance, paid by the CITY, assists employees in the
event they become injured on the job or become ill due to their job.
2. Unemployment Insurance Compensation The State Unemployment Insurance
program, which is paid by the CITY, provides an income to employees who become
unemployed through no fault of their own.
3. Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA) A federal health
insurance law that requires employers to offer employees and their family members
continued participation in employer's group health insurance program, at special rates,
following a "qualifying event, "including going on unpaid status while on a California
Family Rights Act (CFRA) or Family Medical Leave Act (FMLA) leave and
termination from employment.
4. Health Insurance Portability and Accountability Act (HIPPA) A federal law that limits
the circumstances under which medical coverage may be excluded for pre existing
medical conditions and protects the dissemination of certain health- related information.
XII. PAID TIME OFF (PTO)
The CITY provides Paid Time Off (PTO), also referred to as annual leave benefits to regular full-
time employees for the purpose of rest, relaxation, and planned interruptions from the workplace
including vacation, illness, caring for children, school activities, medical/dental appointments,
personal business, or emergencies. The CITY encourages employees to take time off in order to
receive the personal replenishment value intended. All use of PTO is to be scheduled in advance
and approved by a supervisor except in the case of illness or an emergency. PTO must be taken by
exempt employees only in increments of (1) one hour or more in a workday. For example, when
the employee leaves work (1) one hour early prior to the start of a vacation period.
A. Eligibility All regular employees are eligible to take and/or accrue paid time off based on
their continuous length of service, measured from the date of hire. Continuous length of
service is defined as service that is uninterrupted by termination of employment and
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subsequent rehire by the CITY or a break in service that has been bridged.
B. Paid Time Off (PTO) Accrual The amount of PTO earned each year is based on the
employee's continuous length of service. PTO hours are calculated as earned on a
bi- weekly accrual schedule. All PTO hours are based on compensated work hours.
Therefore, PTO accruals for regular part-time employees scheduled to work less than 40
hours per week shall be prorated accordingly. Employees will not accrue PTO hours while
on unpaid status.
Paid Time Off (PTO) Accrual Schedule for Full -Time Employees
Years of Service Days Accrued Hours Accrued Maximum Annual
Accrual Hours
Years 0 thru 5 22 176 600
After 5 years 27 216 600
After 10 years 32 256 600
FY 2011 -12 PTO Cash -Out Option: For each employee with over 400 hours of accrued PTO
as of November 30, 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 December 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.
PTO Upon Termination
Upon retirement from CITY service, an employee may choose to use all of his/her accrued
paid time off as sick leave for service credit if allowed to do so by PERS. If an employee uses
less than 100% of his/her paid time off toward PERS service credit, the CITY will pay the
balance of the employee's accrued paid time off at the employee's regular rate of pay.
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Upon separation from CITY service other than retirement, the CITY will pay 100% of the
employee's accrued paid time off at the employee's regular rate of pay. When an employee
voluntarily resigns from employment, no paid time off may be used between the time a notice
of resignation is given and the employee's last day of work unless authorized by the supervisor
and Department Director.
C. 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 UNION 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 only in increments of 1 (one) hour or more in a workday. For example, when the
employee leaves work 1 (one) hour early to take care of personal business.
D. Holidays The CITY observes the following paid holidays:
(1) New Year's Day January I
(2) Martin Luther King's Birthday 3rd Monday in January
(3) President's Day 3 Monday in February
(4) Memorial Day Last Monday in May
(5) Independence Day July 4
(6) Labor Day 1 Monday in September
(7) Columbus Day 2" Monday in October
(8) Veteran's Day November 11
(9) Thanksgiving Day 4 Thursday in November
(10) Day after Thanksgiving Friday after Thanksgiving
(11) Christmas Eve December 24
(12) Christmas Day December 25
(13) New Year's Eve December 31
Calendars for four fiscal years are attached. Except as modified by holiday calendars, this
paragraph determines the scheduling of holidays. 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. If a holiday falls on an off Friday, the holiday will be observed on
the preceding Thursday. In general, holidays shall be compensated as a regular day's salary.
If a 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 workday preceding the holiday and the
first regularly scheduled work day following the holiday except an employee on Disability
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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 accrued PTO on the day before the holiday and the day
after the holiday, payment for the holiday shall be at full pay. If the employee is receiving
Short Term Disability payments on the day before the holiday and/or the day after the holiday,
payment for the holiday shall be at 75% of the employee's regular rate of pay.
E. Jury Duty Leave Employees who are called for jury duty continue to receive full pay and
benefits for that period of absence. An employee shall be paid the difference between his
or her regular salary rate and the amount of cash pay received, except travel pay, for jury
duty. The time spent on jury duty is not work time for purposes of calculating overtime
compensation.
F. Military Leave An employee in a reserve component of the armed forces of the United
States is entitled to military leave according to applicable law. An employee who has been
employed by a public entity, including prior military service, 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 from the federal government for training. Pay for such
purposes shall not exceed 30 days in any one fiscal year.
G. 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 earned. In addition, the employee may use
annual leave to supplement Workers' Compensation benefits up to his/her full salary to the
extent allowed by applicable law. 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 3 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 off taken due to an
on-the-job injury or illness, or for related follow -up medical appointments.
Upon return to work from an Industrial Injury Leave, an employee shall provide a written
statement from 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.
H. Leave Without Pay It is not the policy of the CITY to grant leaves of absence under most
circumstances. 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
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of the employee, although the employee shall have the option to continue benefits at his/her
own cost.
XIII. 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 CITY's contribution as a contracting employer.
Effective November 14, 2011, (1) the City will reduce the position salary range table for all
UNION regular classifications for FY2011 -12 by 5 (2) the City will increase the position salary
range table for all UNION regular classifications for FY2011 -12 by 7 (3) as a result of the
changes described in (1) and (2), each regular UNION employee will receive approximately 1.6%
increase in wage rate; (4) each regular UNION employee will contribute 7% of the employee's
compensation on a pre-tax basis towards the Ca1PERS 2 %@55 retirement plan permanently.
New Hire CaIPERS Retirement Plan: Any employee hired on or after July 1, 2011, (and effective
as soon as the City can complete the legally required process for this item) will receive the
following 2nd tier retirement option:
a. A retirement plan of 2% at 60 with a retirement benefit based on a calculation using
a three year average compensation.
b. Each employee will pay on a pre-tax basis 100% of the employee's contribution as
determined by PERS toward the Ca1PERS 2 @60 retirement plan.
The CITY through its contract with PERS provides for retirement benefits including: (1) for
employees hired before July 1, 2011, 2% at 55 (effective September 1, 1999), 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, or (2) for employees hired on or
after July 1, 2011, 2% at 60, three year average compensation.
In addition, employees may be eligible to purchase additional years of service credit under specific
circumstances listed under the CITY's PERS contract.
XIV. UNIFORM AND CLOTHING ALLOWANCES
Each regular full -time employee shall receive an allowance of $400 per fiscal year for the
purchase of pants, safety boots, and laundering of uniform shirts. Three shirts per employee per
year are purchased directly by the City in the colors designated by the City. This $400 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.
XV. 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 course are eligible for the CITY's tuition reimbursement
program, dependent on the City's availability of training funding at the time.
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%)
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MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SARATOGA AND UNION (2011 2015)
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.
XVI. ARBITRATION AND GRIEVANCE PROCEDURE
If the UNION 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. The parties agree by this provision that matters regarding
discipline remain within the sole discretion of the City as set forth in its Discipline Policy and that
only the issue of whether the City has followed its Discipline Policy is subject to arbitration and
the grievance procedure.
A. Step (1) The UNION Representative will attempt to resolve the matter with the
supervisor. If the matter is not resolved the UNION will file a written grievance with the
CITY's Human Resources representative within fifteen days after the employee or UNION
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) days subsequent to origin of cause of the complaint and
in no event shall an employee be deprived of actual wages due.
B. Step (2) The CITY shall answer the grievance in writing within ten (10) working days
after the written grievance is filed. The CITY Human Resources representative and the
UNION will discuss the grievance during this period. If the grievance is not settled, the
UNION may advance it to Step 3 by giving written notice to the City Manager within five
(5) working days after the CITY Human Resources representative answers the grievance in
writing. If the CITY does not timely file an answer, UNION may advance the grievance to
Step 3 within five (5) calendar days by giving written notice to the City Manager and the
HR Manager, and the UNION may deliver written notice of arbitration immediately. The
CITY shall notify the UNION of the name, address, telephone number and fax number of
the City Manager no later than five (5) working days after this MOU has been ratified and
no later than five (5) working days from the date the CITY assigns the City Manager
representative duties to a different individual.
C. Step (3) During the five (5) working days after a grievance advances to Step 3, the City
Manager and the UNION will attempt to settle it. If it is not settled during that five (5) day
period, the UNION may advance it to Arbitration by delivering written notice to the City
Manager within ten (10) working days after the end of the five (5) working day period. In
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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.
D. Arbitration
1. Upon filing by the UNION 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.
2. If the parties are unable to agree on an arbitrator within five (5) working days after the
UNION 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.
3. 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.
4. 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.
5. 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.
XVII. ALCOHOL AND DRUG ABUSE POLICY
Purpose It is the intention of this policy to eliminate substance abuse and its effects in the
workplace. While the City of Saratoga has no intention of intruding into the private lives of its
employees, involvement with drugs and alcohol can take its toll on job performance and employee
safety. Employees must be in a condition to perform their duties safely and efficiently, in the
interest of their fellow workers and the public, as well as themselves. The presence of drugs and
alcohol on the job, and the influence of these substances on employees during working hours, are
inconsistent with this objective.
Employees who think they may have an alcohol or drug usage problem are urged to voluntarily
seek confidential assistance from the Employee Assistance Program Counselor. While the CITY
will be supportive of those who seek help voluntarily, the CITY will be equally firm in identifying
and disciplining those whose continued substance abuse, even if enrolled in counseling or
rehabilitation programs, results in performance problems, danger to the health and safety of others
and themselves and/or violations of federal, state or CITY laws/policy.
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MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SARATOGA AND UNION (2011 -2015)
Supervisors will be trained to recognize abusers and become involved in this control process.
r.. Alcohol or drug abuse will not be tolerated and disciplinary action, up to and including
termination, will be used as necessary to achieve this goal.
This policy provides guidelines for the detection and deterrence of alcohol and drug abuse. It also
outlines the responsibilities of City managers and employees. To that end, the CITY will act to
eliminate any substance abuse (alcohol, illegal drugs, prescription drugs or any other substance
which could impair an employee's ability to safely and effectively perform the functions of the
particular job) which increases the potential for accidents, absenteeism, substandard performance,
poor employee morale or damage to the Agency's reputation. All persons covered by this policy
should be aware that violations of the policy may result in discipline, up to and including
termination, or in not being hired.
In recognition of the public service responsibilities entrusted to the employees of the CITY and
that drug and alcohol usage can hinder a person's ability to perform duties safely and effectively,
the following policy against drug and alcohol abuse is hereby adopted by the CITY.
Policy It is CITY policy that employees shall not be impaired by or have in their biological
system, or be in possession, of alcohol or drugs while on CITY property, at work locations, or
while on duty or subject to being called to duty, and that employees shall not sell or provide drugs
or alcohol to any other employee or person while on duty or subject to being called to duty.
While use of validly prescribed medications and drugs does not violate this policy per se, failure
by an employee to notify his/her supervisor, before beginning work, when taking medications or
drugs which could foreseeably interfere with the safe and effective performance of duties, or the
operation of CITY equipment, can result in discipline, up to and including termination. In the
event there is a question regarding an employee's ability to safely and effectively perform
assigned duties while using such medications or drugs, clearance from a qualified physician may
be required.
The CITY reserves the right to search, without employee consent, all areas and property in which
the CITY maintain control or joint control with the employee. Otherwise, the CITY may notify
appropriate law enforcement agencies that an employee may have illegal drugs in his or her
possession or in an area not jointly or fully controlled by the CITY.
Refusal to immediately submit to an alcohol and/or drug analysis when requested by CITY
management or law enforcement personnel, or refusal to submit to a search of personal properties
if requested by law enforcement personnel, may constitute insubordination and be grounds for
discipline, up to and including termination.
An employee reasonably believed to be under the influence of alcohol or drugs shall be prevented
from engaging in further work and shall be detained for a reasonable time until he or she can be
safely transported from the work site.
The CITY is committed to providing reasonable accommodation to those employees whose drug
or alcohol problem classifies them as disabled under federal and/or state law.
The CITY has established an Employee Assistance Program (EAP) to assist those employees who
voluntarily seek help for alcohol or drug problems. The CITY will provide separate written notice
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of the availability of this program to all employees. Employees should contact their supervisors or
the EAP Counselor for additional information.
Application This policy applies to all employees of and to all applicants for positions with the
CITY. This policy applies to alcohol and drugs, including all substances, drugs or medications,
whether legal or illegal, which could impair an employee's ability to effectively and safely
perform the functions of the job.
Employee Responsibilities An employee must:
Not report to work or be subject to duty while his or her ability to perform job duties is
impaired due to on or off duty alcohol or drug use;
Not possess or use alcohol or impairing drugs, including illegal drugs and prescription drugs
without a prescription, during working hours or while subject to duty, on breaks, during meal
periods or at anytime while on CITY property;
Not directly or through a third party sell or provide drugs or alcohol to any person, including
any employee, while either or both employees are on duty or subject to being called to duty;
Submit immediately to an alcohol or drug test when requested by a CITY representative;
Notify his or her supervisor, before beginning work, when taking any medications or drugs,
prescription or non prescription, which may interfere with the safe and effective performance
of duties or operation of CITY equipment; and
Provide within 24 hours of request, bona fide verification of a current valid prescription for
any potentially impairing drug or medication identified when a drug screen/test is positive.
The prescription must be in the employee's name.
Management Responsibilities
Managers and supervisors are responsible for reasonable enforcement of this policy.
Managers and supervisors may request that an employee submit to a drug and/or alcohol test
when a manager or supervisor has a reasonable suspicion that an employee is intoxicated or
under the influence of drugs or alcohol while on the job or subject to being called.
"Reasonable suspicion" is a belief based on objective facts sufficient to lead a reasonably
prudent supervisor to suspect that an employee is under the influence of drugs or alcohol so
that the employee's ability to perform the functions of the job is impaired or so the employee's
ability to perform his or her job safely is reduced.
For example, any of the following, alone or in combination, may constitute reasonable
suspicion depending upon the circumstances in which the behavior is observed and/or
reported:
Slurred speech;
Alcohol odor on breath;
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MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SARATOGA AND UNION (2011 2015)
Unsteady walking and movement;
An accident involving CITY property, where it appears the employee's conduct is at
fault;
Physical altercation;
Verbal altercation;
Unusual behavior,
Possession of alcohol or drugs;
Information obtained from a reliable person with personal knowledge.
Any manager or supervisor requesting an employee to submit to a drug and/or alcohol test
should document in writing the facts constituting reasonable suspicion that the employee in
question is intoxicated or under the influence.
Any manager or supervisor encountering an employee who refuses an order to submit to a
drug and/or alcohol analysis upon request shall remind the employee of the requirements and
disciplinary consequences of this Policy. Where there is reasonable suspicion that the
employee is then under the influence of alcohol or drugs, the manager or supervisor should
arrange for the employee to be safely transported home.
Managers and supervisors shall not physically search the person of employees, nor shall they
search the personal possessions of employees without the freely given written consent of, and
in the presence of, the employee.
Managers and supervisors shall notify their Department head or designee when they have
reasonable suspicion to believe that an employee may have illegal drugs in his or her
possession or in an area not jointly or fully controlled by the CITY. If the Department head or
designee concurs that there is a reasonable suspicion of illegal drug possession, the
Department head shall notify the appropriate law enforcement agency.
Physical Examination and Procedure The drug and/or alcohol test may test for any substance
which could impair an employee's ability to perform effectively and safely the functions of his or
her job, including, but not limited to, prescription medication, alcohol, heroin, cocaine, morphine
and its derivatives, P.C.P., methadone, barbiturates, amphetamines, marijuana and other
cannabinoids.
Testing shall be performed at a local medical facility selected by the CITY. The procedure used
shall require an unbroken chain of custody from sample collection to return of the written report.
A split sample (a test sample which is divided into portions for use in an independent testing of
positive samples) shall be preserved to provide an independent test. If the initial test has positive
results, the CITY shall conduct a confirmation test using a court admissible testing technique. If
the confirmation test has positive results, the employee may re -test the sample at a laboratory of
the employee's choice and at the employee's own expense.
Results of Drug and/or Alcohol Analysis
21
Final Version Ratified by the Union membership on December 22. 2011
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SARATOGA AND UNION (2011 -2015)
Pre- Employment Physical
A positive result from a drug and/or alcohol analysis may result in the applicant not being hired
where the applicant's use of drugs and/or alcohol could affect requisite job standards, duties or
responsibilities.
If a drug screen is positive at the pre- employment physical, the applicant must provide, within 24
hours of the request, bona fide verification of a valid current prescription for the drug identified in
the drug screen. If the prescription is not in the applicant's name or the applicant does not provide
acceptable verification, or if the drug is one that is likely to impair the applicant's ability to
perform the job duties, the applicant may not be hired.
During Employment Physical or Alcohol/Drug Tests
A positive result from a drug and/or alcohol analysis may result in disciplinary action, up to and
including, termination.
If the drug screen is positive, the employee must provide, within 24 hours of the request, bona fide
verification of a valid current prescription for the drug identified in the drug screen. The
prescription must be in the employee's name. If the employee does not provide acceptable
verification of a valid prescription, or if the prescription is not in the employee's name, or if the
employee has not previously notified his or her supervisor of the same, the employee will be
subject to disciplinary action, up to and including termination.
If an alcohol drug test is positive for alcohol or drugs, the CITY shall conduct an investigation to
gather all facts. The decision to discipline, up to and including termination, will be carried out in
conformance with the CITY's discipline procedures, modified as follows:
1. In the event a regular, for -cause employee requests an evidentiary appeal to the City
Manager from a final notice of discipline (Section 6 of the Discipline Policy) for
violating the City's Drug and Alcohol Abuse Policy, the evidentiary appeal will be
conducted by a neutral, third party arbitrator who, after conducting the evidentiary
hearing and hearing all of the evidence (pursuant to the provisions of Section 6 of the
Discipline Policy), will make a nonbinding recommendation to the City Manager with
respect to discipline. The nonbinding recommendation will include: (a) the arbitrator's
nonbinding recommendation regarding discipline; and (b) the arbitrator's nonbinding-
recommended- written findings of fact in support of his or her recommendation for
discipline. The nonbinding- recommended -written findings of fact will include the
factual basis for the recommendation for discipline, including the testimony of the
witnesses relied upon, the basis of any credibility determinations of these and other
witnesses, the documents and other evidence relied upon, and nonbinding assessments
on how the testimony, documents, and other evidence support the nonbinding
recommendation of the arbitrator.
2. The City and the Union will agree on the neutral, third party arbitrator who will conduct
the evidentiary hearing and make the above nonbinding recommendations, prior to the
onset of the evidentiary hearing. In the event an agreement on a third party arbitrator
cannot be reached, then either party shall promptly obtain from the California State
Conciliation Services a list of seven impartial arbitrators from which the City and the
Union shall select the neutral, third party arbitrator by alternatively striking names from
the list. The first party to strike from the list shall be determined by coin toss.
22
Find Version Ratified by the Union membership on December 22.2011
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SARATOGA AND UNION (2011 -2015)
3. The neutral, third party arbitrator will submit his or her nonbinding recommendation for
discipline and nonbinding recommended written findings of fact to the City Manager
with a copy to the employee and the Union within 30 days after the evidentiary hearing
has been completed and written briefs, if any, have been submitted. The City Manager
will have 30 days thereafter in which to review the nonbinding recommendations and
findings, to request clarification or additional testimony or evidence (at the City
Manager's discretion) on any issue, and to render a final statement of written findings
and decision. The City Manager's decision is final.
4. Proof of service of the City Manager's final statement of written findings and decision
and the statute of limitations on that final decision is in accordance with Subdivisions 6
and 7 of Section 6 of the Discipline Policy.
Confidentiality Laboratory reports and test results shall not appear in an employee's general
personnel file. Information of this nature will be contained in a separate confidential medical
folder that will be securely kept under the control of the Human Resources Manager. The reports
or test results may be disclosed to CITY management on a strictly need -to -know basis and to the
tested employee upon request. Disclosures, without patient consent, may also occur when: (1) the
information is compelled by law or by judicial or administrative process; (2) the information has
been placed at issue in a formal dispute between the employer and employee; (3) the information
is to be used in administering an employee benefit plan; or (4) the information is needed by
medical personnel for the diagnosis or treatment of the patient who is unable to authorize
disclosure.
XVIII. DISCIPLINE POLICY
Unless otherwise specified by a memorandum of understanding, the following constitutes the
CITY's policy regarding disciplinary actions:
A. Policy Coverage The following categories of persons can be terminated at -will and have
no rights to any of the pre- or post- disciplinary processes or procedures in this Policy: (1)
temporary employees, (2) provisional or seasonal employees, (3) probationary employees,
(4) any person who serves pursuant to a contract, and (5) any person who is designated "at-
will" in any CITY policy, document, acknowledgement, resolution or ordinance.
Notwithstanding any provision in this policy, any regular employee who is exempt from the
overtime provisions of the Fair Labor Standards Act (FLSA) is not subject to any
disciplinary penalty which is inconsistent with his or her FLSA overtime exempt status.
B. Causes for Discipline Regular employees may be counseled, admonished, reprimanded,
suspended, demoted, discharged or incur a reduction in pay for disciplinary causes
including but not limited to:
1. Violation of the CITY's Employment Standards, Standards of Conduct or any
department rule, CITY policy or CITY regulation, ordinance or resolution;
2. Absence without authorized leave;
3. Excessive absenteeism and/or tardiness as defined by the employee's department
director, these Policies, or MOU;
Final Version Ratified by the Union membership on December 22. 2011 23
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SARATOGA AND UNION (2011 -2015)
4. Use of disability leave in a manner not authorized or provided for pursuant to the
disability leave policy or other policies of the CITY;
5. Purposefully and knowingly making any false statement, omission or misrepresentation
of a material fact;
6. Providing wrong or misleading information or other fraud in securing appointment,
promotion or maintaining employment;
7. Unsatisfactory job performance;
8. Inefficiency;
9. Malfeasance or misconduct, which shall be deemed to include, but shall not be limited
to the following acts or omissions:
a. Conviction of a felony. "Conviction" shall be construed to be a determination of
guilt of the accused by a court, including a plea of guilty or nolo contender (no
contest), regardless of sentence, grant of probation, or otherwise.
b. Damaging CITY property, equipment, or vehicles, or wasting CITY supplies
through negligence or misconduct.
10. Insubordination;
11. Dishonesty;
12. Theft;
13. Disobedience;
14. Violation of the CITY's or a department's confidentiality policies, or disclosure of
confidential CITY information to any unauthorized person or entity;
15. Misuse of any CITY property, including, but not limited to: physical property, tools,
equipment, CITY communication systems, or Intellectual Property;
16. Mishandling of public funds;
17. Falsifying any CITY record;
18. Discourteous treatment of the public or other employees;
19. Failure to cooperate with employee's supervisors or fellow employees;
20. Violation of the CITY's Drug -Free Workplace Policy;
21. Violation of the CITY's Use of CITY Property and Equipment Policy;
22. Violation of the CITY's Policy Against Harassment, Discrimination and Retaliation;
23. Violation of the CITY's Workplace Security Policy;
24
Final Version Ratified by the Union membership on December 22.2011
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SARATOGA AND UNION (2011 -2015)
24. Unapproved outside employment or activity that violates the CITY's Outside
`oes Employment policy, or other enterprise that constitutes a conflict of interest with
service to the CITY;
25. Any conduct that impairs disrupts or causes discredit to the CITY, the employee's
CITY employment, to the public service, or other employee's employment;
26. Failure to comply with OSHA Safety Standards and CITY safety policies;
27. Failure to report to his or her supervisor any contact with criminal authorities (such as
police) which may affect employment with the CITY;
28. Altering, falsifying, and tampering with time records, or recording time on another
employee's time record; or
29. Working overtime without prior authorization.
C. Administrative Disciplinary Leave A department director may place an employee on an
administrative disciplinary leave with pay pending a potential disciplinary action.
Administrative disciplinary leave with pay is authorized: (1) when the department director
believes that the employee's continued presence at the work site could have detrimental
consequences for CITY operations; or (2) pending investigation into charges of misconduct.
If the charges against the employee are substantiated by the investigation, appropriate
disciplinary action may be taken in accordance with these procedures.
D. Types of Discipline
Counseling Memo A counseling memo shall be retained in the employee's personnel file,
and may not be appealed under this policy.
Oral Admonishment or Reprimand An oral admonishment or reprimand shall be
memorialized in writing, become part of the employee's personnel file, and may not be
appealed under this policy.
Written Admonishment or Reprimand A department director may reprimand an employee by
furnishing him/her with a written statement of the specific reasons for reprimand. A copy of
the reprimand will be retained in the employee's personnel file, and may not be appealed. The
employee has the right to have a written rebuttal attached to the reprimand in the employee's
personnel file.
Suspension A department director may suspend an employee from his or her position for
cause. Documents related to a suspension shall become part of the employee's personnel file.
An employee subject to suspension will receive prior written notice and appeal as provided
herein. FLSA exempt employees are not subject to suspension except in work day or work
week increments or for violations of major safety rules.
oti n A department director may demote an employee from his or her position for cause.
Documents related to a demotion shall become part of the employee's personnel file. An
employee subject to demotion shall be entitled to the prior written notice and appeal as
provided herein.
25
Final Version Ratified by the Union membership on December 22.2011
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SARATOGA AND UNION (2011 -2015)
Reduction in Pav A department director may reduce an employee's pay for cause. A
reduction in pay for disciplinary purposes may take one of two forms: (1) a decrease in salary
to a lower step within the salary range; or (2) a decrease in salary paid to an employee for a
fixed period of time. Documents related to a reduction in pay shall become part of the
employee's personnel file. An employee subject to a reduction in pay shall be entitled to prior
written notice and appeal as provided herein. FLSA exempt employees are not subject to
reduction in pay.
Discharge A department director may discharge an employee from his or her position for
cause. Documents related to discharge shall become a part of an employee's personnel file. A
discharged employee is entitled to prior written notice and appeal based upon the terms
described herein.
E. Skelly Process Pre- Disciplinary Procedure for Suspension, Demotion, Reduction in Pay,
or Discharge Only regular, for -cause employees have the right to the conference and
appeal processes outlined in this Section.
Notice of Intent to Discipline The employee will be provided a written notice of intent to
discipline, copied to the City Manager that contains the following:
1. The level of discipline intended to be imposed;
2. The specific charges upon which the intended discipline is based;
3. A summary of the misconduct upon which the charges are based;
4. A copy of all written materials, reports, or documents upon which the intended
discipline is based;
5. Notice of the employee's right to respond to the department director regarding the
charges within 5 calendar days from the date of the Notice, either by requesting an
informal conference, or by providing a written response, or both;
6. Notice of the employee's right to have a representative at the informal conference,
should he or she choose to respond orally; and
7. Notice that the failure to respond at the time specified shall constitute a waiver of the
right to respond prior to the imposition of discipline.
Employee's Response and the Skelly Conference
1. If the employee requests an informal conference to respond orally to the charge(s), the
conference must be scheduled at least 7 calendar days after the date of the Notice. The
conference will be an informal meeting with the department director, at which the
employee has an opportunity to rebut the charges against him or her and present any
mitigating circumstances. The department director will consider the employee's
presentation before recommending any final disciplinary action.
2. The employee's failure to make an oral response at the arranged conference time, or the
employee's failure to cause his or her written response to be delivered by the date and
time specified in the notice, constitutes a waiver of the employee's right to respond
26
Final Version Ratified by the Union membership on December 22.2011
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SARATOGA AND UNION (2011 -2015)
prior to the imposition of the discipline. In that case, the proposed disciplinary action
will be imposed on the date specified.
Final Notice of Discipline After considering the employee's response, or after the expiration
of the employee's time to respond to the Notice of Intent, the department director shall: (1)
dismiss the notice of intent and take no disciplinary action against the employee; or (2) modify
the intended disciplinary action, or (3) impose the intended disciplinary action. In any event,
the department director shall prepare and provide the employee with a notice, copied to the
City Manager that contains the following:
1. The level of discipline, if any, to be imposed and the effective date of the discipline;
2. The specific charges upon which the discipline is based;
3. A summary of the misconduct upon which the charges are based;
4. A copy of all written materials, reports, or documents upon which the discipline is
based; and
5. A statement of the nature of the employee's right to appeal.
F. Evidentiary Appeal to the City Manager
Request for Appeal Hearing A regular, for -cause employee may appeal from a final notice of
discipline in the form of suspension, demotion, reduction in pay, or termination by delivering a
written answer to the charges and a request for appeal to the City Manager or designee. The
written answer and request for appeal must be received no later than 10 calendar days from the
date of the department director's decision.
Delegation The City Manager or designee reserves the right to delegate his or her authority to
decide the appeal to an outside hearing officer to be chosen by the City Manager or designee.
Date and Time of the Appeal Hearing The City Manager will set a date for an appeal hearing
within a reasonable time after receipt of a timely written answer and request for appeal. An
employee who, having filed a timely written answer and request for appeal, has been notified
of the time and place of the appeal hearing, and who fails to appear personally at the hearing,
may be deemed to have abandoned his or her appeal. In such a case, the City Manager may
dismiss the appeal.
Identification of Issues. Witnesses and Evidence No later than 10 days prior to the appeal
hearing, each party will provide each other and the City Manager a statement of the issues to
be decided, a list of all witnesses to be called (except rebuttal witnesses), a brief summary of
the subject matter of the testimony of each witness, and a copy of all evidence (except rebuttal
evidence) to be submitted at the hearing. The CITY will use numbers to identify its evidence;
the employee shall use alphabet letters. Neither party will be permitted to call any witness
during the hearing that has not been identified pursuant to this section, nor use any exhibit not
provided pursuant to this section, unless that party can show that they could not have
reasonably anticipated the need for the witness or exhibit. The City Manager will state at the
beginning of the hearing his or her decision as to the precise issue(s) to be decided.
Conduct of the Appeal Hearing
27
Final Version Ratified by the Union membership on December 22.2011
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SARATOGA AND UNION (2011 -2015)
Subpoenas The City Council has authority, and may delegate the authority to .the City Clerk,
to issue subpoenas in the name of the CITY prior to the commencement of the hearing. Each
party is responsible for serving his/her /its own subpoenas. CITY employees who are
subpoenaed to testify during working hours will be released with pay to appear at the hearing.
CITY employees who are subpoenaed to testify during non working hours will be
compensated for the time they actually testify unless the CITY agrees to a different
arrangement.
Continuances The City Manager may continue a scheduled hearing only upon good cause
shown.
Record of the Proceedings All disciplinary hearings may, at the discretion of the parties, be
either recorded by a court reporter or tape recorded.
The City Manager's Authority During the Hearing the City Manager has the authority to
control the conduct of the hearing and to affirm, modify, or revoke the discipline.
Conduct of the Hearing
1. The hearing need not be conducted in accordance with technical rules relating to
evidence and witnesses, but hearings shall be conducted in a manner the City Manager
decides is the most conducive to determining the truth.
2. Any relevant evidence may be admitted if it is the type of evidence upon which
responsible persons are accustomed to rely upon in the conduct of serious affairs,
regardless of the existence of any common law or statutory rules which might make
improper the admission of such evidence over objection in civil actions.
3. Hearsay evidence may be used for the purpose of supplementing or explaining any
direct evidence, but over timely objection shall not be sufficient in itself to support a
finding, unless such evidence would be admissible over objection in civil actions. An
objection is timely if made before submission of the case.
4. All privileges recognized in civil proceedings apply.
5. Irrelevant and unduly repetitious evidence may be excluded.
6. The City Manager shall determine relevancy, weight and credibility of testimony and
evidence.
7. During the examination of a witness, all other witnesses, except the parties, shall be
excluded from the hearing upon the request of either party.
8. All witnesses shall be sworn in for the record prior to testifying at the hearing. The City
Manager or the court reporter shall request each witness to raise his or her right hand
and respond to the following: "Do you swear that the testimony that you are about to
give at this hearing is the truth, the whole truth, and nothing but the truth
Burden of Proof at the Hearing The CITY has the burden of proof by a preponderance of the
evidence.
28
Final Version Ratified by the Union membership on December 22.2011
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SARATOGA AND UNION (2011 2015)
Right to Due Process The employee shall have the following due process rights during the
hearing:
1. The right to be represented by legal counsel or another chosen representative, at his or
her own expense;
2. The right to call and examine witnesses on his or her behalf;
3. The right to introduce evidence;
4. The right to cross examine opposing witnesses on any matter relevant to the issues;
5. The right to impeach any witness regardless of which party first called him or her to
testify; and
6. The right to rebut evidence against him or her.
Hearing to be Closed to the Public The hearing will be closed to the public unless the
employee requests that it be open.
Presentation of the Case The parties will address their remarks, evidence, and objections to
the City Manager. All parties and their counsel or representatives shall not disparage the
intelligence, morals, or ethics of their adversaries or of the City Manager. The City Manager
may terminate argument at any time and issue a ruling regarding an objection or any other
matter. The City Manager may alter the order of witnesses, limit redundant or irrelevant
testimony, or directly question the witness. The hearing shall proceed in the following order
unless the City Manager directs otherwise:
1. The CITY shall be permitted to make an opening statement.
2. The employee shall be permitted to make an opening statement.
3. The CITY shall produce its evidence.
4. The employee shall produce his or her evidence.
5. The CITY, followed by the employee, may offer rebuttal evidence.
6. Closing arguments of no more than 20 minutes shall be permitted at the discretion of
the City Manager. The CITY shall have the right to argue first, the employee may
argue second, and the CITY may reserve a portion of its argument time for rebuttal.
Written Briefs by the Parties The City Manager or the parties may request the submission of
written briefs. The City Manager will determine whether to allow written briefs, the deadline
for submitting briefs, and the page limit for briefs.
Written Findings and Decision The City Manager shall render a statement of written findings
and decision within 30 days after the hearing has been completed and the briefs, if any, have
been submitted. The City Manager's decision is final.
29
Final Version Ratified by the Union membership on December 22, 2011
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SARATOGA AND UNION (2011 2015)
Proof of Service of the Written Findings and Decision The City Manager shall send his or
her final statement of written findings and decision, along with a proof of service of mailing, to
each of the parties and to each of the parties' representatives. A copy shall also be distributed
to the Human Resources Manager.
Statute of Limitations The City Manager's written findings and decision is final. There is no
process for reconsideration. Pursuant to Code of Civil Procedure Section 1094.6, the parties
have 90 days from the date of the proof of service of mailing of the written findings and
decision to appeal the decision to the Superior Court in and for the County of Santa Clara.
XIX. SCOPE OF AGREEMENT
This MOU represents the entire and complete understanding reached between the representatives
of the CITY and the representatives of the UNION for the period designated and applies to all
positions represented by the UNION.
XX. RATIFICATION
This MOU is subject to ratification by a majority vote of the members of the UNION. City
Council adoption of Resolution No. 12 -002 and ratification by the UNION will put the terms of
this MOU into effect. (Union ratified December 22, 2011, and City Council ratified January 18,
2012).
Representative of the Representatives of the
City of Saratoga: Northern California Carpenters Regional Council,
Carpenters Forty Six Counties
Conference Board and Their Affiliated
Lo J ns Lb
Dave Anderson, City Manager Fred Wright
Date:' 2 0 2 Date. ;79;
Y
1��
Date: /3i /i2
Randy Bean
Date: f/ 3
30
Final Version Ratified by the Union membership on December 22, 2011
r -12
el Salary wow Schedule
NEHIGNIZAMBrotnal 7
Public Works Manager Pelts 3,435.20 3,607.20 3,787.20 3,976.80 4,176.00 4,384.80 4,604.00
Pub8c %Abets meager Streets 89,315.20 93,787.20 98,467.20 103,396.80 108,578.00 114,004.80 119,704.00
42.94 45.09 47.34 49.71 52.20 54.81 57.55
7
Part Maintenance Worker I 1,842.40 1,934.40 2,031.20 2,132.80 2,239.20 2,351.20 2,468.80
Street Maintenance Worcer I 47,902.40 50,294.40 52,811.20 55,452.80 58,219.20 81,131.20 64,188.80
23.03 24.18 25.39 26.66 27.99 29.39 30.86
Park Maintenance Worker II 2,029.60 2,131.20 2,237.60 2,349.60 2,467.20 2,590.40 2,720.00
Street Maintenance Worker 11 52,769.60 55,411.20 58,177.60 61,089.80 84,147.20 87,350.40 70,720.00
25.37 28.64 27.97 29.37 30.84 32.38 34.00
Park Maintenance Worker III 2,302.40 2,417.60 2,538.40 2,665.60 2,799.20 2,939.20 3,086.40
Street Maintenance Worker III 59,862.40 82,857.60 65,998.40 69,305.60 72,779.20 76,419.20 80,246.40
28.78 30.22 31.73 33.32 34.99 38.74 38.58
Park Maintenance Lead worker 2,548.00 2,675.20 2,808.80 2,949.60 3,096.80 3,252.00 3,414.40
Street Maintenance Lead worker 88,248.00 69,555.20 73,028.80 76, 689.60 80,516.80 84,552.00 88,774.40
31.85 33.44 35.11 36.87 38.71 40.65 42.68
r Maintenance Specialist 2,383.20 2,502.40 2,827.20 2,758.40 2,896.00 3,040.80 3,192.80
treet Maintenance Specialist 61,963.20 65,062.40 88,307.20 71,718.40 75,296.00 79,060.80 83,012.80
29.79 31.28 32.84 34.48 36.20 38.01 39.91
i
F111.12 Reduced 5%
dl 48 tCALIP01 Cdf1M CONFl =RE►I O141D Factor 6.95
IIIIHNIITALMINISMIQB
IZtar Wale Mmeper -Parka 3.379.20 3.546.00 3.725.60 3,912.00 006.00 4,313.60 4,529.60 96i1 3,210.40 3,371.20 3,540.00 3.716.60 3.902
Works ?Amapa 8hests 87 .659.20 92,246.00 95,656.60 101,712.00 106,806.00 112,153.60 117, 750.00 63,470.40 87.65130 92.040.00 96,636.60 101.462
42.24 44.35 46.57 46.90 51.35 53.92 55.52 40.13 42.14 44.25 46.46 48
EMEALANEGAIMS
Et Maori 1,512.00 1,902.40 1,907.60 2,097.60 2,202.40 2212.60 2,426.00 1,72110 1,600.00 1,696.40 1,993.60 2.093
Moinlanarca Walker 47,11200 49.462.40 51,937.50 54, 537.50 57,262.40 60,132.80 0.1.148.60 44,761.90 47,006.00 40,368.40 51.633.80 54.439
2255 23.78 24.97 2622 27.53 28.91 30.36 21.52 22.00 23.73 24.92 28
Park Mairlamrrw Water I 1,996.80 2,090.60 2.201.50 2,312.00 2,426.00 2,549.50 2,675.80 ma 1095.80 1,992.00 2,092.00 2,190.60 2.306
bkael MakMmnuoa Worker I 81,916.80 54,516.60 57,241.80 60, 112.00 63, 129.00 56,289.50 50,196.80 49,310.60 51,792.00 51,392.00 57,115.60 59.955
24.96 26.21 27.52 20.90 30.35 31.87 33.46 23.71 24.90 26.15 27.46 28
Palk Maidwrnce Water IN 2.265.50 2,379.20 2,498.40 2,623.20 2754.40 2, 89200 3,035.80 2,162.00 2,290.00 2,372.60 240130 2,516
6tn%1 Maidmana Worker IN 58,905.80 61,86920 64,968.40 68,203.20 71, 614.40 75,192.00 78,966.60 55,95200 58,700.00 51,602.80 64,771.20 88.018
28.32 29.74 31.23 32.79 34.43 36.15 37.96 25.90 25.25 2916 31.14 32
Maidrmroe teed waiter 250720 2532.60 2764.60 2903.20 3,048.00 3,200.60 3,350.80 2.381.00 2.500.80 2626.40 2750.60 2.004
IBkaat Maisbw.oe Lead wader 66,187.20 66,452.50 71,804.80 75, 483.20 79246.00 83210.00 57,350.80 61,92110 65,020.60 55355.60 71,876.60 75254
31.34 32.91 34.56 38.29 38.10 40.01 42.01 29.77 31.26 32.62 34.46 31
Padt Mainlononot Spscialat 2,34410 2,452.40 2,505.50 271520 2.68130 2,983.60 3,14310 2,227.20 2330.40 2,46510 2,577.90 2,70t
WNW MsMammee Specidet 60, 904.80 64,022.40 57,225.60 70,59520 74,131.20 77,833.80 81,723.20 57, 907.20 90,798.40 53,836.20 67,017.50 70.3%
29.31 30.78 32.32 33.94 35.64 37.42 39.29 27.84 29.23 30.69 32.22 x
tea/
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SARATOGA AND UNION (2011 -2015)
CITY OF SARATOGA
PAID HOLIDAYS 2 011
HOLIDAY** ACTUAL DATE DATE OBSERVED HOURS
New Year's Day Saturday January 1, 2011 Thursday December 30, 2010 9
Martin Luther King's Birthday Monday January 17, 2011 Monday January 17, 2011 9
President's Day Monday February 21, 2011 Monday February 21, 2011 9
Memorial Day Monday May 30, 2011 Monday May 30, 2011 9
Independence Day Monday July 4, 2011 Monday July 4, 2011 9
Labor Day Monday September 5, 2011 Monday September 5, 2011 9
Columbus Day Monday October 10, 2011 Monday October 10, 2011 9
Veteran's Day Friday November 11, 2011 Thursday November 10, 2011 9
Thanksgiving Day Thursday November 24, 2011 Thursday November 24, 2011 9
Day after Thanksgiving Friday November 25, 2011 Monday December 26, 2011 9
Christmas Eve Saturday December 24, 2011 Tuesday December 27, 2011 9
Christmas Day Sunday December 25, 2011 Wednesday December 28, 2011 9
New Year's Eve Saturday December 31, 2011 Tfivaluy December 29, 2011 9
New Year's Day Sunday January 1, 2012 Monday January 2, 2012 9
DECIWRI:R2011
Monday Tuesday Wed. Thurs. Friday souses
2! 22 23 24/2s
Regular Work Week
Work Day Work Day Work Day Work Day Off Friday
26 2- 28 Ito 30 31/1
Holiday Furlough (moov ffram Holiday (moved from (moved from S Hour FTO
11/25/11)
(mewed from 12/24111) 12/25/11) 12/31/11)
1,:312Y 2012
Monday Tuesday Wed. Thurs. Friday wises
Holiday w 4 t* 7/s
and Holiday
Regular Work Week (moved from Work Day Work Day Work Day Off Friday
1/1/12)
12/202019 C:\Documents and Settings\karer Local Settings \Temposry Internet
Files\ Content. OutIook\I8DGJPBK1Holiday
31
Final Version Ratified by the Union membership on December 22. 2011
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SARATOGA AND UNION (2011 -2015)
CITY OF SARATOGA
PAID HOLIDAYS 2012
CITY OF SARATOGA
2012 PAID HOLIDAYS
HOLIDAY ACTUAL DATE DATE OBSERVED HOURS
New Year's Day Sunday January 1, 2012 Monday January 2, 2012 9
Martin Luther King's Birthday Monday January 16, 2012 Monday January 16, 2012 9
President's Day Monday February 20, 2012 Monday February 20, 2012 9
Memorial Day Monday May 28, 2012 Monday May 28, 2012 9
Independence Day Wednesday July 4, 2012 Wednesday July 4, 2012 9
Labor Day Monday September 3, 2012 Monday September 3, 2012. 9
Columbus Day Monday October 8; 2012 Monday October 8, 2012 9
Veteran's Day Sunday November 11, 2012 Monday November 12, 2012 9
Thanksgiving Day Thursday November 22, 2012 Thursday November 22, 2012 9
Day after Thanksgiving Off Friday November 23, 2012 Wednesday December 26, 2012 9
C}aistmas Eve Monday December 24, 2012 Monday December 24, 2012 9
Christmas Day Tuesday December 25, 2012 Tuesday December 25, 2012 9
New Yea's Eve Monday December 31. 2012 Monday December 31, 2012 9
'Ile..- i)i d F. \IBFai 2 21,12 .md Harms? fu,Imrtlb
24 25 26 27 28
ra
't g.4 ..a0 &r:nLiiviifiv 'Hear PTO PTO
un0 ZMeta l e l
31 January I, 2n13 2 3 4
;c,, i5, Regular Work Day Regular Work Day Oft Friday
'"Personnel Rubs and Policies (Revision 3/19/08) ArticleXIII, Section 1, Subdivision 3. Holiday Furlough: "...December
24th through January 1st....
'11 -1411: Approved by Union, not yet approved by other groups
32
Final Version Ratified by the Union membership on December 22.2011
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SARATOGA AND UNION (2011 -2015)
CITY OF SARATOGA
2013 PAID HOLIDAYS
HOLIDAY ACTUAL DATE DATE OBSERVED HOURS
New Year's Day Tuesday January 1, 2013 Tuesday January 1, 2013 9
Martin Luther King's Bkthday Monday January 21, 2013 Monday January 21, 2013 9
Presidents Day Monday February 18, 2013 Monday February 18, 2013 9
MenwAal Day Monday May 27, 2013 Monday May 27, 2013 9
Independence Day Thursday July 4, 2013 Thursday July 4, 2013 9
Labor Day Monday September 2, 2013 Monday September 2, 201.3 9
Columbus Day Monday October 14, 2013 Monday October 14, 2013 9
Veteran's Day Monday November 11, 2013 Monday November 11, 2013 9
Thanksgiving Day Thursday November 28, 2013 Thursday November 28, 2013 9
Day alter Thanicsgivkg Friday November 29, 2013 Friday November 29, 2013 9
Christmas Eve Tuesday December 24, 2013 Tuesday December 24, 2013 9
Christmas Day Wednesday December 25, 2013 Wednesday December 25, 2013 9
New Year's Eve Tuesday December 31, 2013 Tuesday December 31, 2013 9
ay Tuesday W n ay Thursday
23 24 25 26 27
Regular Work Day Holiday Holiday PTO PTO
30 31 January 1, 2014 2 3
PTO Holiday Holiday Regular Work Day Off Friday
'Personnel Rules and Policies (Revision 3/19/08) Article XIII, Section 1, Subdivision 3. Holiday Furlough:
"...December 24th through January 1st...'
*11 1411: Approved by Union, not yet approved by other groups
Final Version Ratified by the Union membership on December 22, 2011 33
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SARATOGA AND UNION (2011 -2015)
CITY OF SARATOGA
2014 PAID HOLIDAYS
HOLIDAY ACTUAL DATE DATE OBSERVED HOURS
New Year's Day Wednesday January 1, 2014 Wednesday January 1, 2014 9
Martin Luther King's Birthday Monday January 20, 2014 Monday January 20, 2014 9
President's Day Monday February 17, 2014 Monday February 17, 2014 9
Memorial Day Monday May 26, 2014 Monday May 26, 2014 9
Independence Day Off Friday July 4, 2014 Thursday July 3, 2014 9
Labor Day Monday September 1, 2014 Monday September 1, 2014 9
Columbus Day Monday October 13, 2014 Monday October 13, 2014 9
Veteran's Day Monday November 11, 2014 Monday November 11, 2014 9
ThanksgMng Day Thursday November 27, 2014 Thursday November 27, 2014 9
Day after Thanksgiving Friday November 28, 2014 Friday November 28, 2014 9
Christmas Eve Wednesday December 24, 2014 Wednesday December 24, 2014 9
Christmas Day Thursday December 25, 2014 Thursday December 25, 2014 9
New Year's Eve Wednesday December 31, 2014 Wednesday December 31, 2014 9
N... DECEMBER 2014 Holiday Furlough'''
Monday Tuesday Wednesday Thursday Friday
22 23 24 25 26
Regular Work Day Regular Work Day Holiday Holiday Off Friday
29 30 31 anuary 1, 2015 2
PTO PTO Holiday Holiday Regular Work Day
"Personnel Rules and Polioies(Revison3/1g/08) ArtldeXlll, Section 1, Subdivision 3. Holiday Furlough:
"...December 24th through January 1st...'
•11 -1411: Approves •11 -1411: Approvec *11 -14-11: Approved by Union, not yet approved by other groups
34
Final Version Ratified by the Union membership on December 22.2011
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SARATOGA AND UNION (2011-/015)
CITY OF SARATOGA
2015 PAID HOLIDAYS
HOLIDAY ACTUAL DATE DATE OBSERVED HOURS
New Year's Day Thursday January 1, 2015 Thursday January 1, 2015 9
Martin Luther King's Birthday Monday January 19, 2015 Monday January 19, 2015 9
President's Day Monday February 16, 2015 Monday February 16, 2015 9
Memorkd Day Monday May 25, 2015 Monday May 25, 2015 9
Independence Day Saturday July 4, 2015 Thursday July 2, 2015 9
Labor Day Monday September 7, 2015 Monday September 7, 2015 9
Columbus Day Monday October 12, 2015 Monday October 12, 2015 9
Veteran's Day Wednesday November 11, 2015 Wednesday November 11, 2015 9
Thanksgiving Day Thursday November 26, 2015 Thursday November 26, 2015 9
Day after Thanksgiving Friday November 27, 2015 Friday November 27, 2015 9
Christmas Eve Thursday December 24, 2015 Thursday December 24, 2015 9
Chrisbnas Day Friday December 25, 2015 Friday December 25, 2015 9
New Years Eve Thursday December 31, 2015 Thursday December 31, 2015 9
\a DECEMBER 2015 Holiday Furlough
ay Tuesday Wed ay unrday
21 22 23 24 25
Regular Work Day Regular Work Day Regular Work Day Holiday Holiday
28 29 30 31 3anuary 1, 2016
Holiday (moved Off Friday
PTO PTO from 1-1-16) Holiday Move Holiday to
12/30/15*
**Personnel Rules and Policies(Reviaion 3119/06) Article XIII, Section 1, Subdivision 3. Holiday Furlough:
"...December 24th through January 1st....
"*11 14 11: Approved by Union, not yet approved by other groups
35
Final Version Ratified by the Union membership on December 22, 2011