HomeMy WebLinkAbout102-Union MOU -- Agreement.pdfAGREEMENT BETWEEN CITY OF SARATOGA AND UNION
CITY OF SARATOGA
MEMORANDUM OF UNDERSTANDING FOR
WAGES, EMPLOYEE BENEFITS
AND CONDITIONS OF EMPLOYMENT
I. INTRODUCTION
This Memorandum of Understanding (MOU), or “AGREEMENT”, dated
________________, 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 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 Agreement
This Agreement sets forth the full and entire understanding of the parties for the
period beginning July 1, 2007, and continuing through September 30, 2011. 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.
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AGREEMENT BETWEEN CITY OF SARATOGA AND UNION
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 Approval
City Council approval of the terms of this MOU is incorporated in Resolution
______________ adopted on _____________________ .
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, withhold salary increases and
benefits, or otherwise discipline workers in accordance with applicable laws,
the Personnel Ordinance and the Personnel Rules; 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
Regulations.
E. Meyers-Milias-Brown Act (MMBA)
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AGREEMENT BETWEEN CITY OF SARATOGA AND UNION
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. The MMBA is attached to this
agreement for reference and incorporated by reference herein its terms.
See Exhibit B for the MMBA.
III. SALARY ADMINISTRATION
A. Salary Ranges
Salary data for each position represented by UNION is periodically collected
from the following list of comparable cities:
Los Altos Menlo Park
San Carlos Cupertino
Los Gatos Morgan Hill
Campbell
The CITY will be adjusting the salary ranges administratively effective July 1,
2008 as a result of the FY 07-08 compensation study and administratively
every two years thereafter according to salary survey compensation data,
ensuring that the CITY pays the average of its comparable cities.
The CITY classifies all miscellaneous positions according to duties and
responsibilities, and a salary range is established for each job classification.
Adjustments to Salary Range as the result of a Salary Survey and Anniversary
Date: Any salary range adjustments for a classification implemented by the
City will not establish a new salary anniversary date for employees serving in
that classification.
Adjustments to Salary Range as the result of a Salary Survey and Retention of
Step: Whenever the schedule of compensation for a classification is revised,
each incumbent in a position to which the revised schedule applies shall be
paid at the same step in the revised range as the step at which the employee
was paid in the previous range.
See Exhibit A for FY07-08 range table.
B. 5-Step Salary Plan and Cost of Living Adjustment
For fiscal year 2007/08, salary increases will be retroactive to July 1, 2007.
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AGREEMENT BETWEEN CITY OF SARATOGA AND UNION
Cost of Living Adjustment - For fiscal year 2007-08, each UNION member
shall receive a cost-of-living adjustment of three percent (3%), retroactive to
July 1, 2007. For each subsequent year of this MOU, each UNION member
shall receive an annual cost-of-living adjustment of no less than one percent
(1.0%) and no greater than two and one-half percent (2.5%). If the United
States Bureau of Labor and Statistics Average Consumer Price Index for “All
Urban Consumers (CPI-U)” for the months of December to December for the
“San Francisco-Oakland-San Jose” region falls below one percent (1.0%),
each UNION member shall nevertheless receive a minimum one percent
(1.0%) cost-of-living adjustment; if the above Index increases above two and
one-half (2.5%), each UNION member shall nevertheless receive a maximum
two and one-half (2.5%) cost-of-living adjustment.
Base Salary – Employees occupying a position in a classification covered by
this Memorandum shall be paid a base salary within the range established for
that position’s classification.
Placement Within Range –The City will determine salary placement
consistent with the personnel rules.
Progression Within Range – Salary advancement within an established
salary range is customarily considered at one (1) year intervals. Each
employee who is employed after July 1, 2006 will be eligible to receive a
salary increase to the next higher step within the range of their assigned
classification upon the individual employee’s original employment
anniversary date (established anniversary date).
Each employee who was hired on or prior to July 1, 2006 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, (as a result of the City
moving from a broad range pay-for-performance system to a step system
effective July 1, 2007). July 1 of each year will be the established anniversary
date for each employee who was hired on or prior to July 1, 2006.
Eligibility for Progression within Range - All regular employees will be
evaluated on an annual basis and will be eligible to advance in their salary
range based on annual performance evaluation results.
No increase in salary shall be automatic solely upon completion of a specified
period of service. All increases shall be contingent upon a satisfactory annual
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 annual performance evaluation,
indicating a cumulative rating less than “meets expectations”, the employee
will not receive a salary increase other than an approved and budgeted cost-
of-living increase. An employee who is denied an increase in salary may
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AGREEMENT BETWEEN CITY OF SARATOGA AND UNION
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 annual employee performance evaluation will be eligible to
receive a salary increase of five percent (5%) (1 step) above their existing
salary as of the employee’s established anniversary date, until such time as the
employee reaches the top of his/her salary range, at which time the employee
shall not advance beyond the top of the established range, except as provided
for in Article III. SALARY ADMINISTRATION, Section D. Performance
Incentive Compensation.
Promotion - Promotion is the movement of an employee from one classification
to another classification having a higher salary range. At the time an employee is
promoted, his or her salary shall be adjusted as follows:
If the first step in the salary range for the employee’s new position is at least five
percent (5%) greater than the employee’s current salary range, the employee
shall be moved to the first step of the new salary range.
If the first step in the salary range for the employee’s new position is less than
five percent (5%) greater than the employee’s current salary range, the employee
shall be moved to the step which would provide, at 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.
NOTE: If an employee is promoted on their anniversary date, the employee shall
first receive a salary increase to the next higher step within their existing salary
range, following by a promotional salary adjustment as described in this section.
All promotional appointments shall be subject to a probationary period of one
year. During probation supervisors may evaluate employees every three months.
At six months, a written evaluation will be prepared. Upon completion of the
twelve-month probationary period, a second 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 annual 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. If no vacancy exists, the employee
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AGREEMENT BETWEEN CITY OF SARATOGA AND UNION
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 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 Class
assignments are temporary and shall continue as authorized by a Department
Head or City Manager, but not exceed one year. Upon completion of an out of
class assignment, an employee will return to his/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. Annual Performance Review (APR) Process
The City of Saratoga administers an Annual Performance Review (APR)
Process. The APR includes a 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
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AGREEMENT BETWEEN CITY OF SARATOGA AND UNION
Initiative Communication Skills
Flexibility Supervision – if applicable
The employee receives a composite score based upon individual ratings received
under each category.
IV. PROBATIONARY EMPLOYEE AND REGULAR EMPLOYEE
Probationary 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 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 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 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) and 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. When feasible
and practicable, 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 14 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
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AGREEMENT BETWEEN CITY OF SARATOGA AND UNION
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.
All employees shall be 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
expectation” 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.
D. Demotion 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
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AGREEMENT BETWEEN CITY OF SARATOGA AND UNION
9
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. 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 to an employee who has been laid off. During this
two-month period, the City will continue to pay the previously established
contribution for the employee's medical insurance premium.
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
ASSOCIATION members is as follows:
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
4
(end)
off
9
9
9
9 4
(start)
off
off
(end)
off 9 9 9 9 off
(start)
off
4
(end)
off
9
9
9
9 4
(start)
off
off
(end)
off
9
9
9
9 off
(start)
off
The City Manager and Directors have discretion to require some employees to work
a schedule different from the standard 9/80 schedule including a schedule that is not
9/80. 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 (annual
leave, compensatory time), if applicable. Employees that utilize unpaid leave due to
insufficient leave balance shall maintain regular benefit status.
VII. OVERTIME
FAIR LABOR STANDARDS ACT AND OVERTIME
Those employees eligible through the Fair Labor Standards Act for overtime shall
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 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 work schedule;
2) Overtime compensation shall be computed at one-and-a-half times the
employee’s regular rate of pay for hours in excess of 9 hours in one
day or for time worked over 40 hours in one workweek and two times
for hours in excess of 13 hours in one day or 60 hours in one work
week;
3) CITY agrees to include paid leave time taken as time worked for
purposes of calculating eligibility for overtime pay for all regular non-
exempt positions in the CITY service;
4) All overtime is to be approved in advance and in writing by the
Department Head and accepted in writing by the employee. This
written confirmation is to be turned in with the employee’s time sheet
for each pay period.
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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 director(s).
Accrual Rate CTO accrues at the rate of 1.5 hours for each hour worked over 40
hours of actual work in the employee’s work week.
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.
Employee 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,
or the average regular rate for the prior three years, whichever is higher.
VIII. CALL OUT PAY
Non-exempt employees who are called out to perform work of an emergency
nature are compensated at their regular rate of pay for a minimum three hours for
each occurrence at one and one-half times (1.5) the hourly rate, on weekends
between 6:00 P.M. Friday (or Thursday if the next day is an “off-Friday” under
the CITY’s 9/80 work schedule) and 5:59 A.M. Monday, and on holidays.
Employees will be compensated from the time they leave their residence until
their direct return home after being released from the assignment. A second
callout while responding to the first does not restart the clock.
IX. STANDBY PAY
Non-exempt employees and Maintenance Supervisors may be assigned to standby
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duty as determined by the City Manager or Department Head. Anticipated events
or seasons that would trigger standby duty include storms/storm season or the
period of holiday work furlough. 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 a City cell phone
and must respond with a telephone call. Employees are compensated $ 37.50 for
each weeknight, defined as from the end of the work day’s shift to the beginning
of the next day’s shift, and $75.00/day for each weekend defined as the end of the
workday Thursday or Friday to the beginning of the next workday (off-Friday,
Saturday, Sunday), or holiday assigned to standby status.
X. MEAL REIMBURSEMENT
The CITY will provide a meal or reimburse the cost of a meal up to $10 for each
employee who is required to work extended overtime or who is required to work on
extended emergency call out. Meal reimbursement is available if the employee
works in excess of ten (10) consecutive hours during a scheduled 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. PRODUCTIVITY/GOALS
Employees and Management agree to cooperate and assist in improving productivity
through assistance in developing:
A. A more positive work environment.
B. Innovative techniques for improving operational activities.
C. Increased accuracy.
D. Methods to maximize time usage.
E. More effective communication with the public and other departments.
XII. EMPLOYEE BENEFITS
The City of Saratoga currently offers the benefits listed below. For a detailed
description of these benefits, employees should refer to the brochures distributed
by the individual plan providers.
A. Discretionary Benefits All regular City employees, who are scheduled to
work, at least 40 hours per week, are eligible for the following benefits. The
City’s contribution for regular part-time employees and full-time employees
working less than 40 hours per week will be prorated in proportion to the
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number of hours worked or accrued leave hours paid.
B. Health Insurance The City contracts with the California Public Employees
Retirement System for the PERS health benefits program which includes
Kaiser and Blue Shield Health Management Organizations and preferred
provider basic health plans, PERS Choice and PERS Care.
Employees may enroll in the plan of their choice; however, some plans
require that an employee live within a specific geographic area.
The effective date of health coverage is the first day of the month following
the employee’s date of hire.
The health premium is a percentage of the premium paid by the employee.
Effective July 1, 2006, the City pays 100% of the premium, unless
otherwise negotiated by individual bargaining units. Health in-lieu
payments are made to employees who do not elect health insurance. For
employees who elect to enroll in the PERS Care plan, the City will
contribute the amount equal to the Kaiser, Blue Shield, or PERS Choice
plan premium, whichever is greater, dependent on the plan choice (i.e.
employee only, employee &1 dependent, or employee & 2+ dependents).
If an employee and spouse are both City employees, only one employee is
allowed to carry health coverage. One employee may choose to enroll in
family coverage and the other employee must waive their health plan
coverage and be enrolled as a dependent.
The health in-lieu payment is not an option for married couples or domestic
partners (pursuant to Family Code sections 297, et seq.) employed with the
Agency.
C. Dental Insurance The City contracts with Delta Dental, a preferred provider
plan, and Delta Care, a management organization plan. The dental
premiums are 100% paid by the City. Dental in-lieu payments are made to
employees who do not elect dental insurance coverage.
The effective date of dental coverage is the first day of the month following
the employee date of hire.
The dental in-lieu payment is not an option for married couples employed
with the City.
D. 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-taxed basis.
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E. Retirement Plan 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 (5)
years of service. The City pays the employees’ required contribution (7% of
employee’s compensation) in addition to the City’s contribution as a
contracting employer. The City through its contract with PERS provides for
retirement benefits including 2% at 55 (effective September 1, 1999), one
year final compensation, service credit at retirement for unused annual
leave, 1959 survivor benefits (Level 3) if death occurs prior to retirement
and after retirement, continuance of benefits to employee’s survivor. This
information is outlined in detail in the booklet “PERS Benefits for Local
Miscellaneous Members”. In addition, the CITY’s PERS contract allows
veteran employees to purchase years of military service for retirement
credit.
Employees represented by UNION participate in a “Retired Employees
Medical Expense Reimbursement Program” funded through a monthly
deduction from each employee’s paycheck in an amount equal to five percent
(5%) of the employee’s health insurance premium. Through the program, the
CITY, from the proceeds of the employees’ payroll deductions, reimburses
medical expenses of retired employees represented by UNION, with at least
twenty years of service to the CITY, a maximum $200 monthly until the retired
employee is eligible for Medi-Care. Employees must comply with CITY
procedures and submit proof of expenses to receive reimbursement. If an
employee has not worked full-time for at least ten of the twenty years of
service, the $200 maximum medical reimbursement will be pro-rated based on
the employee’s full time equivalency in the last ten years of service.
F. Short Term Disability Insurance The City will pay 75% of an employee’s full
salary and maintain existing insurance benefits, subject to eligibility
requirements, for an employee on a disability leave, for six 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.
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G. Long Term Disability Insurance The City provides a long term disability plan
to provide an employee with income protection. The City will pay 75% of an
employee’s full salary and maintain existing employee benefits for the first six
(6) months. Following the six (6) months, the group insurance policy will
cover 66% of the employee’s salary up to a maximum of $2,000 per month. If
the disability is job related, the City will maintain existing employee benefits
for twelve (12) months. Benefits will be reduced for income received through
social security, workers’ compensation and/or California State Disability
Insurance (SDI). Payments made to the disabled employee through this group
policy are not reported to PERS as salary earned.
Employee’s 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.
H. 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; Streets Supervisor and Parks Supervisor. Coverage shall
begin 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.
I. Employee Assistance Program Counseling services are available to
employees and their immediate family. Programs include personal financial
management, stress management; marital and related domestic issues, drug
or alcohol dependency, and other personal and work related issues.
J. 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.
K. 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.
Any employee who declines to accept coverage in the PERS Health Program,
evidenced by signing a waiver form, shall receive a monthly Benefits
Allowance of $118.75.
Any employee who declines to accept coverage in the Delta Dental Plan,
evidenced by signing a waiver form, shall receive a monthly Benefits
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Allowance of $25.
The monthly Benefits Allowance for regular part-time employees and full time
employees working less than full time will be pro-rated in proportion to the
number of hours worked or accrued leave hours paid.
L. Long Term Care Employees may purchase long term care insurance through
a group benefits program administered by PERS.
M. Legislated Benefits The following benefits are mandated by law and apply
to all City employees:
N. 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.
O. Unemployment Insurance Compensation The State Unemployment Insurance
program, paid by the City, provides employees with an income who become
unemployed through no fault of their own.
P. 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.
Q. 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.
XIII. 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 (4) hours or more in a workday (29
CFR 541.710 Employees of Public Agencies). For example, where the employee
leaves work for four or more hours early prior to the start of a vacation period.
Eligibility All regular full-time employees are eligible to take and/or accrue
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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 subsequent rehire by the City or a break in service
that has been bridged.
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
Maximum Annual Accrual and PTO Sellback and Optional End of Fiscal
Year Payout
There is a cap on the amount of PTO time an employee can accumulate.
Employees may carry over up to 600 unused PTO hours from calendar year to
calendar year. Any hours in excess of 600 on the books as of December 31 each
year will be automatically paid out to the employee at the employee’s regular rate
of pay, based on length of service at the following rates:
Service Length % Payout
Years 0 thru 5 50%
After 5 years 75%
After 10 years 100%
Employees may be paid at the employee’s regular rate of pay, at their request,
each January for their accrued leave in excess of 160 hours as of December 31,
based on length of service at the rates above.
PTO Upon Termination Upon separation from City service, 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 of the notice of resignation is given and the
employee’s last day of work unless authorized by the City Manager.
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Payout at Retirement Upon retirement from City service, an employee
must use at least half of their accrued paid time off for the purpose of obtaining
additional service credit under PERS. Employees may choose to use all of his/her
accrued paid time off as sick leave for service credit. If an employee chooses to
apply less than 100% of his/her paid time off toward PERS service credit, the City
will pay 100% of the employee’s accrued paid time off at the employee’s regular
rate of pay.
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 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.
Administrative Leave must be taken by exempt employees only in increments of
(4) hours or more in a workday (29 CFR 541.710 Employees of Public Agencies).
For example, where the employee leaves work for four or more hours early to
take care of personal business.
Administrative Leave cannot be carried over from year to year and must be used
by June 30th of the fiscal year. Administrative Leave must be exhausted prior to
using PTO.
C. Holidays
The CITY observes the following paid holidays:
(1) New Year’s Day January 1
(2) Martin Luther King's Birthday 3rd Monday in January
(3) President's Day 3rd Monday in February
(4) Memorial Day Last Monday in May
(5) Independence Day July 4
(6) Labor Day 1st Monday in September
(7) Columbus Day 2nd Monday in October
(8) Veteran's Day November 11
(9) Thanksgiving Day 4th 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
Agreement Between The City of Saratoga and UNION
19
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 with two exceptions:
1. An employee on Disability Leave shall only be entitled to receive holiday pay within the
six-month period after the date of injury/illness. If the employee is using annual leave when
the holiday occurs, payment for the holiday shall be prorated to the amount of annual leave
being used in the pay period in which the Holiday falls. If the employee is receiving Short
Term Disability payments in the pay period when the holiday occurs, payment for the
holiday shall be at 75% of the employee’s regular rate of pay.
2. An employee on Industrial Injury Leave shall be entitled to receive full holiday pay
within the six-month period after the date of injury/illness. After six months, holiday pay
shall be prorated to the amount of annual leave, if any, being used by the employee.
D. 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.
E. Military Leave
An employee in a reserve component of the armed forces of the United States is entitled to
temporary military leave not to exceed l80 calendar days during any period of ordered duty
for active military training. 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.
F. 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
Agreement Between The City of Saratoga and UNION
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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. An employee on Industrial Injury Leave will
continue to receive full CITY paid insurance benefits (medical, dental, life, and long term
disability) for up to 12 months from the date of injury/illness.
In the event that an employee suffers an injury or illness on the job, whether or not medical
treatment is necessary, he or she must advise the supervisor at once and fill out an employee
claim form. An employee must also indicate on their time card any time 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.
G. 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 of the
employee, although the employee shall have the option to continue benefits at his/her own
cost.
XIV. RETIREMENT (PERS)
The City maintains a Retirement Reserve Fund on its books to ensure sufficient funds exist to
provide this benefit to all current employees through age 55, (i.e. for 35 years or through the year
2034). Funds deposited into the Retirement Reserve Fund by the CITY, along with all interest
accruing thereto, shall belong to the CITY and shall be commingled with the CITY’s investment
portfolio. In October of each year, the CITY shall review the past and projected performance of
the Retirement Reserve Fund, along with actuarial data provided by PERS, to determine the
amount to be deposited into the Retirement Reserve Fund on July 1. By May 1 of each year, the
CITY shall report to UNION the amount of its next contribution to the Retirement Reserve Fund
along with the assumption used to determine the contribution amount.
Employees who retire from the City of Saratoga and who are enrolled in a PERS-sponsored
health plan at the time of separation are eligible to continue their coverage, through the
“Retired Employees Medical Expense Reimbursement Program” as described in section
XII.E.
Agreement Between The City of Saratoga and UNION
21
The parties agree to a scheduled reopener in 2009 for the purpose only of discussing the
financial feasibility of enhancing the City’s retirement package with PERS (i.e., moving from
the current 2% at 55 to 2.5% at 55). The discussion will be limited to (1) PERS financial
situation and whether it will become superfunded and, therefore, require a smaller
contribution from the City; and (2) the City’s financial situation and whether the City can
afford to fund all or part of an enhanced retirement for employees. The parties will schedule
a time for the reopener in 2009 within 60 days after the City receives an actuarial valuation
from PERS of the cost of 2.5% at 55 and the discussions will not extend beyond 60 days of
the reopening.
XV. UNIFORM AND CLOTHING ALLOWANCES
Each regular full-time Park and Street Maintenance employee shall receive an allowance of $400
(four-hundred dollars) per fiscal year for the purchase of pants and safety boots, and for uniform
cleaning. Three shirts per employee per year are purchased directly by the CITY, in colors
designated by the department head. The Uniform and Clothing Allowances shall be paid on the
second pay date in July. The Uniform and Clothing Allowances shall be prorated from the date
of hire for a newly hired employee.
Uniform and clothing allowances are reported to PERS as salary earned.
XVI. TUITION REIMBURSEMENT
All regular employees of the CITY who have been employed continually for at least three (3)
months prior to the commencement of an approved or required course are eligible for the City’s
tuition reimbursement program.
A. Coursework for Degree or Certificate
If the course(s) taken is/are job related or in fulfillment of the requirements for a degree or
certificate, one-hundred percent (100%) reimbursement will be afforded for tuition, fees and
books by the CITY up to a maximum of one thousand dollars ($1,000) per employee per fiscal
year. The Department Head and City Manager will determine job-relatedness.
B. Coursework for Professional Development
If the course(s) is/are not specifically related to the employee’s current position, and does not
fulfill the requirements for a degree or certificate, but does provide for professional development
related to the worker’s position of employment or a higher position in the City, reimbursement
will be afforded for tuition, fees and books by the CITY at one-hundred percent (100%), up to a
maximum five hundred dollars ($500) per employee per fiscal year.
Reimbursement will be afforded after successful completion of the course(s) requirements.
Successful completion is defined as a "C" grade or a "Pass" on a pass-fail system.
XVII. ARBITRATION AND GRIEVANCE PROCEDURE
If the Union believes that the City has violated this Agreement, such matters arising during
the term of this Memorandum of Understanding (“grievances”) will be resolved through this
Agreement Between The City of Saratoga and UNION
22
Grievance Procedure, which is the sole and exclusive method of doing so.
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, excepting any complaint relative to wages shall not be deemed invalid 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. The Company shall notify the Union of the name, address,
telephone number and fax number of the City’s designated Human Resources representative
no later than five (5) working days after this Agreement has been ratified and no later than
five (5) working days from the date the City assigns the Human Resources representative
duties to a different individual
STEP (2) The City shall answer the grievance in writing within ten (10) working days
after the written grievance is filed. The Company 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 answers the grievance in writing. If the City does not timely file
an answer, the grievance will automatically advance to Step 3 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’s Manager no later than five (5)
working days after this Memorandum of Understanding 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.
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 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 written agreement. Each
party will provide the other with a current address of that party’s representatives identified
above.
ARBITRATION
(a) 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.
(b) If the parties are unable to agree on an arbitrator within five (5) working days after
Agreement Between The City of Saratoga and UNION
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the Union delivers the notice of appeal to arbitration, either party may apply to the State
Mediation and Conciliation Service for a panel of seven arbitrators who are members of the
National Academy of Arbitrators. The party applying for the list will request that the list be
sent by the SMCS to both parties.
(c) Upon receipt of the list, the parties will promptly select an arbitrator to hear and
decide the grievance by alternately striking names from the list (coin toss for first strike)
until only one remains, and s/he will be the arbitrator for the case.
(d) The arbitrator will decide the case by a written opinion following the hearing. The
Arbitrator’s decision will be final and binding provided that the arbitrator’s decision is based
on the provisions of this Agreement as written and does not add to, subtract from or ignore
any provision of this Agreement. Either party may have a transcript of the hearing made, but
in that event that party will pay for the transcript.
(e) The fees and expenses of the arbitrator will be paid one-half by each party. Each
party’s own expenses will be paid by that party.
XVIII. 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.
Supervisors will be trained to recognize abusers and become involved in this control process.
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.
Agreement Between The City of Saratoga and UNION
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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 maintains 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.
Employees 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 a voluntary Employee Assistance Program (EAP) to assist those
employees who voluntarily seek help for alcohol or drug problems. The City will provide
separate written notice of the availability of this program to all employees. Employees
should contact their supervisors of 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
Agreement Between The City of Saratoga and UNION
25
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;
Unsteady walking and movement;
An accident involving City property, where it appears the
employee’s conduct is at fault;
Physical altercation;
Agreement Between The City of Saratoga and UNION
26
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 possession 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
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.
Agreement Between The City of Saratoga and UNION
27
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.
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 Director. 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 employee 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.
IX. 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
Agreement Between The City of Saratoga and UNION
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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 Memorandum of
Understanding;
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;
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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. Unapproved outside employment or activity that violates the City’s
Outside 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
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30
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.
Demotion 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.
Reduction in Pay 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.
Agreement Between The City of Saratoga and UNION
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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:
a. The level of discipline intended to be imposed;
b. The specific charges upon which the intended discipline is based;
c. A summary of the misconduct upon which the charges are based;
d. A copy of all written materials, reports, or documents upon which the
intended discipline is based;
e. 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;
f. Notice of the employee’s right to have a representative of his or her choice at
the informal conference, should he or she choose to respond orally; and
g. 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
a. 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.
b. 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 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
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a. 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:
b. The level of discipline, if any, to be imposed and the effective date of the
discipline;
c. The specific charges upon which the discipline is based;
d. A summary of the misconduct upon which the charges are based;
e. A copy of all written materials, reports, or documents upon which the
discipline is based; and
f. 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
Agreement Between The City of Saratoga and UNION
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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
a. 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.
b. Continuances The City Manager may continue a scheduled hearing only upon
good cause shown.
c. Record of the Proceedings All disciplinary hearings may, at the discretion of
the parties, be either recorded by a court reporter or tape recorded.
d. 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.
e. Conduct of the Hearing
(i) 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.
(ii) 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.
(iii) 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.
(iv) All privileges recognized in civil proceedings apply.
(v) Irrelevant and unduly repetitious evidence may be excluded.
Agreement Between The City of Saratoga and UNION
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(vi) The City Manager shall determine relevancy, weight and credibility of
testimony and evidence.
(vii) During the examination of a witness, all other witnesses, except the
parties, shall be excluded from the hearing upon the request of either
party.
(viii) 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?”
f. Burden of Proof at the Hearing The City has the burden of proof by a
preponderance of the evidence.
g. Right to Due Process The employee shall have the following due process
rights during the hearing:
(i) The right to be represented by legal counsel or another chosen
representative, at his or her own expense;
(ii) The right to call and examine witnesses on his or her behalf;
(iii) The right to introduce evidence;
(iv) The right to cross-examine opposing witnesses on any matter relevant
to the issues;
(v) The right to impeach any witness regardless of which party first called
him or her to testify; and
(vi) The right to rebut evidence against him or her.
h. Hearing to be Closed to the Public The hearing will be closed to the public
unless the employee requests that it be open.
i. 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:
(i) The City shall be permitted to make an opening statement.
Agreement Between The City of Saratoga and UNION
35
(ii) The employee shall be permitted to make an opening statement.
(iii) The City shall produce its evidence.
(iv) The employee shall produce his or her evidence.
(v) The City, followed by the employee, may offer rebuttal evidence.
(vi) 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.
j. 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.
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.
XX. 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.
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Agreement Between The City of Saratoga and UNION
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XXI. RATIFICATION
This MOU is subject to ratification by a majority vote of the members of the UNION. City Council
adoption of Resolution No. 07-_______ and ratification by the UNION will put the terms of this
MOU into effect.
Representative of the Representatives of the
City of Saratoga: Northern California Carpenters Regional Council,
Carpenters Forty Six Counties
Conference Board and Their Affiliated
Local Unions
Dave Anderson, City Manager Richard Torres
Date: Date:
Richard Amaro or assigned representative
Date:
Shawn Gardner
Date: