HomeMy WebLinkAbout07-13-1999 Agenda Item 4SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. ~ ~ ~'
MEETING DATE July 13,1999
ORIGINATING DEPT. Ci , Manager
AGENDA ITEM
CITY MANAGER:
PREPARED BY:
SUBJECT: Resolution ratifying MOU between City and Saratoga Employees Association
for the two year period ending June 30, 2001. (PULLED FROM 7/7/99
AGENDA)
RECOMMENDED MOTION(S): Adopt the attached resolution ratifying the new MOU with
SEA.
REPORT SUMMARY:
The attached Resolution, if adopted, will ratify the new Memorandum of Understanding between
the City and the Saratoga Employees Association for the two year period ending June 30, 2001,
which is attached. The MOU incorporates the terms and conditions previously discussed with
and agreed to by the City Council. If approved, the employees represented by SEA will receive a
total compensation package equivalent to roughly 9.2% of salary over the two year period.
FISCAL IMPACTS: As previously noted, the total compensation package amounts to roughly
4.33% of salary in the first year ($85,651), and 4.8% of salary in the second year ($100,143).
ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional.
CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): The
Resolution will not be adopted and the MOU will not be approved. In this event, the Council
should continue the matter to a Closed Session and direct the City Manager accordingly.
FOLLOW UP ACTIONS: The MOU will be signed and distributed to all employees. The
PERS contract amendments will be processed. The remaining wage and benefit changes will be
implemented.
ATTACHMENTS:
1. Resolution ratifying MOU
2. MOU
RESOLUTION NO. 85-9. ~ ~n
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA RATIFYING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE SARATOGA
EMPLOYEES ASSOCIATION, FURTHER AMENDING RESOLUTION NO. 85-9 AS AMENDED,
ADJUSTING SALARIES AND BENEFITS FOR NON-MANAGEMENT EMPLOYEES
WHEREAS, the City of Saratoga, through its designated representatives and pursuant to State law, has met
and conferred with the organized employee representative association, the Saratoga Employees Association
(SEA), through its designated representatives, concerning proposals for modifications and changes to
salaries, benefits and other matters; and
WHEREAS, the representatives of the City and the SEA have reached an understanding regarding changes in
salaries, benefits and other matters. for the period July 1,1999, through June 30, 2001, for employees
represented by the SEA, all of which are specified in a Memorandum of Understanding dated July 1, 1999,
which is attached hereto as Exhibit "A";
Exhibit "B" (Schedule of Salary Classes Effective July 1, 1999 and July 1, 2000}, attached hereto and
incorporated by reference, provide the basis for rates of compensation to be paid the different positions in the
City service.
Applicability
This resolution amends various Resolutions of the City of Saratoga. This resolution is an expression
of existing policy of the City of Saratoga and is subject to modification and change by the City
Council from time to time. Nothing herein contained shall be construed as creating or establishing
any of the provisions hereof as terms of any contract of employment extending beyond a period other
than such period as during the resolution is in full force and effect. That is to say, that any employee
of the City of Saratoga during the effective period of the resolution shall have such employment rights
and duties as set forth herein only during such period of time as this resolution remains in effect, and
not afterward.
NOW, THEREFORE, BE IT RESOLVED that the terms and conditions of the Memorandum of
Understanding between the City of Saratoga and the Saratoga Employees Association, dated July 1, 1999,
are hereby approved.
The above and foregoing resolution was passed and adopted by the Saratoga Ciry Council at a regular
meeting held on the 13th day of J u 1 v , 1999, by the following vote:
AYES: Councilmembers Baker, Streit, Mehaffey, Vice Mayor Bogosian, Mayor Shaw
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Mayor
0
G~ ~'%t~~
rty Clerk ~
CITY OF SARATOGA
MEMORANDUM OF UNDERSTANDING FOR
WAGES, EMPLOYEE BENEFITS
AND CONDITIONS OF EMPLOYMENT
INTRODUCTION
This Memorandum of Understanding (MOU), or "AGREEMENT", dated July 1, 1999, is
between the City of Saratoga through its designated representatives, hereinafter referred to as
"CITY" and the Sazatoga Employees Association (SEA), hereinafter referred to as
"ASSOCIATION."
This Memorandum of Understanding complies with the provisions of the Meyers-Mrlias-
Brown Act, as contained in Section 3500, et seq., of the Government Code of the State of
California in that the employer-employee representatives noted herein did meet in good faith
and did reach an understanding on those matters within the scope of representation.
This Memorandum of Understanding also complies with Resolution No. 509-2 relating to
employer-employee relations, and Resolution No. 489-2, establishing the procedure for
meeting and conferring with recognized employee organizations.
II. GENERAL CONDITIONS
A. Personnel Rules and RegulationslExisting Benefits Continued
This Memorandum of Understanding does not propose any modifications or changes in the
provisions of City Resolution 85-9, or of existing benefits, as amended, unless a specific
reference is made herein to a modification or addition to the conditions of these
regulations.
B. City Council Approval
City Council approval of the terms of this Memorandum of Understanding is incorporated
in Resolution 85-9. 120 adopted on July 13, 1999.
C. Total Agreement
All ordinances, resolutions, administrative regulations, departmental rules and regulations,
personnel policies and procedures, and management rights not specifically altered by this
Agreement shall remain in full force and effect.
This Agreement sets forth the full and entire understanding of the parties for the period
beginning July 1, 1999, and continuing through June 30, 2001, at which time the MOU
terminates. All prior Memoranda of Understanding are superseded or terminated in their
entirety.
Except as specifically provided in this Agreement, it is agreed and understood that SEA
waives its right, and agrees that the City shall not be required, to negotiate with respect to
any subject or matter covered in this Agreement or with respect to any other matters within
the scope of negotiations, during the term of this Agreement.
The waiver of any breach, term, or condition of this Agreement by either party shall not
constitute a precedent in the future enforcement of all its terms and provisions.
No verbal statement or other amendments, except an amendment mutually agreed upon
between the parties and in writing attached to this Agreement designated as an amendment
to this Agreement, shall supersede or vary the provisions in this Agreement.
D. Validity of Memorandum
Should any article, section, or portion of this Agreement be held unlawful and
unenforceable by any court of competent jurisdiction, the court's decision shall only apply
to the specific article, section, or portion of this Agreement directly specified in the
decision, and the remainder of this Agreement shall not be affected by the decision.
E. City Rights
The City reserves, retains, and is vested with any management rights not expressly granted
to the Association by this Agreement. These City 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.
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
Effective July 1,1999, all classified pay ranges and salaries will be increased by 4.0% (four
percent), and effective July 1, 2000, all classified pay ranges and salaries will be increased by
4.0°l0 (four percent). The salary pay ranges for all applicable positions and classifications shall
be as set forth in Exhibit "B" to Personnel Resolution No. 85-9.
The City of Saratoga classifies all muscellaneous positions according to duties and
responsibilities, and a salary range is established for each job classification. There are twenty-
six steps within each range, and new employees are customarily hired at the entry-level salary,
or the "A" step of the range.
All regular employees will be evaluated on their anniversary date and will be eligible to advance
up to eight steps annually in their salary range based on overall job performance. However, a
regular employee must be on the job for at least rive months during the twelve month period
preceding their anniversary date to be eligible for a performance review on their arrriversary
date. If a regular employee is not on the job for this minimum length of time, the performance
review date shall be extended until such time as the employee is on the job for nine months
over a twelve month period.
IV. PROBATION
All newly hired employees are brought into the City service under atwelve-month probationary
period.
During probation, employees maybe evaluated by their supervisor every three months. At six
months, a written evaluation will be prepared. Depending on overall performance,
probationary employees may advance in their salary range up to two steps at their six month
evaluation. Upon completion of the twelve-month probationary period, a second written
evaluation will be prepared. If the employee successfully passes probation, the employee shall
be granted regular employment status and may advance in their salary range up to an additional
three steps.
V , PROMOTION
Promotion is the movement of an employee from one class to another class having a higher
salary range. At the time an employee is promoted from one class to another, he or she shall
receive at minimum a ~% (five percent) salary increase. The effective date of the promotion
will become the employee's new anniversary date. Determination of the amount of the increase
will depend upon the employee's length of time in his or her current class, position in the salary
range, and the date of last review.
All promotional appointments shall be subject to a probationary period of one year. During
this probationary period, an employee may receive a written evaluation by his or her supervisor
every three months, but no less than every six months. At the completion of a successful
probationary period, the employee may advance up to eight steps in their new salary range
depending on overall job performance during their probationary period. If it is determined
through employee performance evaluation that an employee subject to a promotional
appointment does not pass probation, the probationary employee shall be reinstated to the
position from which he or she was promoted provided that position is vacant and funded. If nc
vacancy exists, the employee may ask to be placed on a re-employment list.
VI. LAY-OFF POLICY
In the event that there is an abolition of positions by the City Council due to lack of work, or of
funds, an employee may be separated from employment with the City. If it becomes necessary.
to abolish a position, due to lack of work or of funds, the employee holding the position will be
laid-off or demoted without disciplinary action. To the extent possible, employees subject to
layoff shall be given a minimum notice of 14 calendar days.
Layoffs will be made on a department by department basis. Layoffs shall be determined on a
position basis. In the event that more than one person occupies the same classification in the
same department, layoff shall be based on job knowledge, abilities, and performance history.
All things being equal, the least senior employee shall be first subject to layoff. In addition to
the elimination of a position, a lay-off can include reclassification to a position at a lower salary
range, and/or a reduction in hours.
An employee who is laid-off or demoted in accordance with the City's layoff policy will be kept
on a re-employment list for one year from the date of the layoff This list will be used when a
vacancy arises in the same or a lower class of position. Re-employment shall be based on
seniority should more than one person in the same classification be laid off from the same
department. Employees who are offered and refuse re-employment will be removed from the
re-employment list. Employees re-employed in a lower class, or on a temporary basis, will
continue to remain on the list for the higher position for one year.
The City will extend medical insurance benefits for two months to an employee who has been
laid-off During this two month period, the City will continue to pay the previously established
contribution for the employee's medical insurance premium. The City will also pay the
employee 100% of the employee's accrued leave balance up to 416 hours and 50% of any
accrued leave balance greater than 416 hours as of the date of layoff This provision only
applies to laid-off employees.
VII. WORKING CONDITIONS
The workday, workweek and work period are defined as follows: The workday begins at
12:01 A.M. and ends at 12:00 midnight. The work-week begins at 12:01 A.M. on Saturday
and ends at 12:00 midnight on Friday. The work period (pay period) is the period
encompassing two consecutive work weeks.
VIII. FAIR LABOR STANDARDS ACT AND OVERTIlVIE POLICY
Those employees eligible through the Fair Labor Standards Act for overtime shall receive it in
the following way:
Effective July 1,1995, City agrees to include paid leave time taken as time worked for purposes
of calculating eligibility for overtime pay for all permanent non-exempt positions in the City
service as identified on the list attached hereto.
Non-exempt employees are granted the eligibility for overtime pay for time worked in excess of
10 hours in one work day or 40 hours in one work week. Overtime compensation is computed
at one and one-half times the employee's regular rate of pay. In addition, overtime
compensation is computed at two times the employee's regular rate of pay for time worked in
excess of 12 hours in one day or 60 hours in one work week.
All overtime is to be approved in advance and in writing by the Department Head and accepted
in writing by the employee. This written confirmation is to be turned in with the employee's
time sheet for each pay period. The employee may choose to be compensated for overtime
worked either by earning overtime pay or compensatory time offwith the Department Head's
approval. Overtime shall not be accumulated in units of less than fifteen minutes.
If compensatory time is approved, it should be used within 90 days from when it is earned.
The City Manager's approval is required for any employee to carry unused comp time beyond
the 90 day period. Accumulated comp time maybe paid offin cash at any time, at the Ciry's
discretion. Non-exempt employees shall be paid in full for any unused comp time upon
termination.
IX. CALL OUT PAY
Non-exempt employees who are called out to perform work of an emergency nature are
compensated at their regular rate of pay for a minimum two hours for each occurrence, and a
minimum three hours for each occurrence between 6:00 P.M. Friday and 6:00 A.M. Monday,
and on holidays. Employees will be compensated from the time they leave their residence until
their direct return home after being released from the assignment.
X. STANDBY PAY
Maintenance employees are compensated $10.00 for each Saturday, Sunday, or holiday
assigned to stand-by status.
Xl. MEAL REIlvIBURSEMENT
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 often (I O) consecutive
hours during a scheduled work day or if the employee works in excess of four (4) hours during
an emergency call out. Two meals will be provided if work is required in excess of eight (8)
hours during an emergency call out.
XII. PRODUCTIVITY/GOALS
Employees and Management agree to cooperate and assist in improving productivity through
assistance in developing:
A. ~ A more positive work environment.
B. Innovative techniques for improving operational activities.
C. Increased accuracy.
D. Methods to maximize time usage.
E. More effective communication with the public and other departments.
XIII. BENEFITS
A. Benefits Allowance
All employees receive a monthly Benefits Allowance which maybe taken in cash and/or
used for health insurance coverage, deferred compensation, additional life insurance, and/or
additional long term disability insurance. The amount of the Benefits Allowance is based
upon the enrollment status of each employee in the PERS Health Program, and shall be
equivalent to the fully paid premium of the health plan selected by each employee except
for the PERS Caze Plan. For employees who enroll in the PERS Caze Plan, the Benefits
Allowance shall be equivalent to the highest premium amount of the remaining health plans
available to those employees based upon their enrollment status.
Any employee who declines to accept coverage in the PERS Health Program, evidenced
by signing a waiver form, shall receive a monthly Benefits Allowance of $125.
The monthly Benefits Allowance for permanent part-time employees will be pro-rated in
proportion to the number of hours worked.
B. Health Insurance
The City contracts with the California Public Employees Retirement System for the PERS
Health Benefits Program. The types of health plans currently available to City employees
include two statewide self-insured, fee-for-service health plans (PERS Care and PERS
Choice), and numerous health maintenance organizations. Employees may enroll in a
PERS plan of their choice; however, some plans require that an employee live in a specific
geographic area.
The effective date of health coverage is the first day of the month following the date of
enrollment. New employees have 60 calendar days from their date of hire to enroll in a
health plan. In addition to the monthly Benefits Allowance, the City will pay the minimum
PERS medical premium of $16 per month on behalf of all active employees enrolled in a
PERS health plan.
Employees who retire from the City of Sazatoga and who aze enrolled in a PERS-
sponsored health plan at the time of separation are eligible to continue their coverage.
Effective October 1, 1993, the City will contribute $1 per month towards the minimum
premium for retirees. This amount will increase annually by 5% until it equals the $16 per
month m;n;mum premium for active employees. The balance of the total monthly premium
shall be paid by the retiree.
Upon separation of employment, employees will be notified in writing of their health care
continuation rights. The COBRA group continuation coverage is provided through federal
legislation (the Consolidated Omnibus Budget Reconciliation Act) and allows employees
6
who are enrolled in a group health plan and who separate from employment, for reasons
other than Boss misconduct, to continue their goup coverage for 18 months (Some
employees and/or their family members maybe eligible for additional months of coverage.)
The cost to the enrollee is 102% of the applicable goup Boss premium rate, and the
election for COBRA coverage must be made within 60 days following notification of
eligibility.
C. Deferred Compensation
The City provides employees the opportunity to contribute to two IRS Section 457
deferred compensation plans. Employees may contribute to these plans an amount up to
the maximum allowed bylaw. Contributions may come from employee's regular earnings
through payroll deductions, or from any unused portion of their Benefits Allowance.
D. Life and Accidental Death Insurance
The City provides for $50,000 of life and accidental death and dismemberment insurance
for all miscellaneous employees. Coverage shall begin and end as does coverage for health
insurance. 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.
E. Disability Coverage
The City provides disability coverage, consisting of Short Term Disability payments and
Long Tenn Disability insurance, to provide an employee with income protection if the
employee becomes totally or partially disabled from a covered illness, injury, or pregnancy.
Short Term Disability payments are available to employees only within the first six months
from the date of any qualifying condition. Long Tenn Disability Insurance is available to
employees beginning six months after the date of any covered condition subject to the
provisions of the goup insurance plan. For new employees, eligibility for Short Term
Disability payments begins no sooner than six months after the date of hire, while
enrollment in the goup insurance plan is effective on the first day of the month following
the date of hire. Coverage under the group insurance plan continues for all employees until
the last day of the month following the month in which an employee separates from the
City service.
Short Term Disability Payments -The City will pay 75% of an employee's full salary and
maintain existing insurance benefits, subject to eligibility requirements, for an employee on
disability leave, for six months from the date of injury/illness. Short Term Disability
payments will commence only after 12 continuous working days during which the
employee is totally disabled, or when all accrued leave is exhausted, whichever is later.
For employees injured on the job and who become eligible for Industrial Injury Leave,
Short Term Disability payments will commence upon exhaustion of one-half of accrued
leave, and will be coordinated with any Workers Compensation benefits paid to the
employee. In addition, employees on Industrial Injury Leave may supplement Workers
Compensation/Short Tenn Disability payments with their remaining accrued leave to
realize up to their full salary.
Long Tenn Disability Insurance -The City provides Long Terrn Disability Insurance
through a group policy which covers two-thirds of an employee's salary up to $3,000 per
month ($2,000 coverage). Employees whose salaries exceed $3,000 per month may
purchase additional coverage through the group policy, however availability of additional
insurance is subject to the group carrier's requirements. It is incumbent on an employee
who incurs a disability to file for coverage through the group policy as soon as he/she
believes that he/she maybe entitled to receive benefits under the policy. Failure to apply
for coverage shall in no way result in the City becoming obligated to make additional
payments to an employee beyond any Short Term Disability payments for which an
employee is eligible.
No disability coverage will be extended to an employee unless the employee is regularly
seen and treated by a physician. Upon making a claim for disability benefits, an employee
must provide a medical history statement and a physician's statement of disability. Upon
return to work, a doctor's certificate is required which states either that the employee has
recovered fully and is able to perform regular work, or the limitations under which the
employee may return to modified duty or part-time work. If the employee returns to work
on a part-time basis during the first six months of a covered disability, the City will
supplement the employee's part-time salary with Short Term Disability payments in the
amount necessary to provide the employee with full salary, provided however that any such
Short Term Disability payments do not exceed 75% of the employee's regular salary.
Employees who become pregnant will be entitled to disability benefits only for the period
of time that the employee is actually disabled from work as with any other disability.
F. Dental Insurance
Effective July 1, 1999, the monthly Benefits Allowance provided for in Section XIII A shall
be increased by the amount of the City's contribution on behalf of each employee towards
a dental insurance plan offered through Prudential Dental. The amount of the City's
contribution shall be based on each employee's enrollment status in the plan and shall be
equivalent to the full plan premium for each employee. Coverage under the plan shall begin
and end as does coverage for health insurance. Employees who decline coverage in the
plan shall receive an additional benefits allowance of $25 per month. The benefits
allowance for dental insurance for permanent part-time employees will be prorated in
proportion to the number of hours worked.
G. Section 125 Plan
The City will make available to all employees the option of enrolling in a Section 125
flexible benefits plan (Cafeteria Plan). Under the plan, employees may deduct from their
earnings up to the maximum allowable amounts per calendar year for health care
reimbursement and/or dependent care reimbursement. For the health care portion, these
deductions allow employees to use pre-tax dollars to pay for eligible out-of-pocket
expenses not covered 100% by insurance and not reimbursable by any other source. For
the dependent care portion, employees (and their spouses, if married) with children may
use pre-tax dollars to pay for eligible dependent care expenses.
Under the plan, employees also have the option of using pre-tax dollars, through payroll
deductions, to pay for required premium contributions to City insurance plans.
XIV. LEAVE
A. Annual Leave
All regular and probationary employees will accrue annual leave at the following rate:
First 60 months of employment - 22 days (176 hours) per year
61st through 120th month - 27 days (216 hours) per year
121st month and beyond - 32 days (256 hours) per year
All employees begin accruing annual leave after their date of hire. New employees may not
use annual leave during their first six months of employment except for illnesses and other
circumstances approved by their respective Department Heads. Annual leave is to be used
for all time off from work except for Jury Duty, Maternity, Military, or FMLA (Family and
Medical Leave Act) Leave.
An employee on disability leave shall only be entitled to accrue annual leave within the six
month period after the date of injury/illness, and only if annual leave is being used by the
employee. Accrual of annual leave shall be at a rate proportional to the amount of annual
leave being used by the employee.
An employee on Industrial Injury Leave shall be entitled to accrue annual leave at a rate
proportional to the amount of annual leave being used by the employee.
Upon exhaustion of all annual leave, employees on either disability leave or Industrial
Injury Leave shall no longer accrue annual leave.
All use of annual leave is to be scheduled in advance and approved by a supervisor except
in the case of illness or other emergency. On the first day of each absence due to illness, an
employee shall notify his or her immediate supervisor within 30 minutes of the beginning of
the workday, and call in each successive day unless prior notice has been given that a more
lengthy absence is expected.
In the event that an employee is absent from work due to illness for more than five
consecutive work days, the employee must file a written statement from a physician
certifying that 1) the employee's condition prevents him or her from performing the duties
of the position, and 2) the employee is or will be sufficiently recovered from the illness to
allow return to work on a specified date. When absence is for more than two work days
but less than five, an employee may be required to file a physician's certificate at the
discretion of the Department Head. In all cases, the cost for the doctor's visit only (not
accompanying medical treatment) as required, not covered by the employee's insurance
program, will be paid by the City.
Each January the City will pay each employee for his/her accrued annual leave in excess of
520 hours as of December 31. Employees who have accrued annual leave in excess of 416
hours may request payment for any hours between 416 and 520. In all cases, payment for
accrued annual leave shall be at one-half the employee's regular rate of pay as of December
31, which is a continuation of the current practice that considers half of the accrued annual
leave to be vacation leave and the other half to be sick leave.
Upon separation from the City service, one-half of an employee's accrued annual leave will
be considered vacation leave and will be paid out at the employee's regular rate of pay.
When an employee voluntarily resigns from employment, no annual leave may be used
between the time notice of resignation is given and the employee's last day of work unless
authorized by the City Manager.
Upon retirement from the City, an employee has the option to consider all of his/her
accrued annual leave as sick leave for the purpose of obtaining additional service credit
under PERS. If an employee does not choose this option, then one-half of the accrued
annual leave shall be considered vacation leave for pay out purposes, and the other one-half
as sick leave which shall be applied to obtain additional service credit under PERS.
B. Holidays
The City observes the following paid holidays:
(1)
(2)
(3)
(4)
(5)
(6)
(~)
(g)
(9)
(10)
(11)
(12)
(13)
New Year's Day
Martin Luther King's Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
New Year's Eve
January 1
3'~ Monday in January
3~' Monday in February
Last Monday in May
July 4
1 ~` Monday in September
2"~ Monday in October
November 11
4~' Thursday in November
Friday after Thanksgiving
December 24
December 25
December 31
If a holiday falls on a Saturday, the preceding Friday will be observed. If a holiday falls on
a Sunday, the following Monday will be observed. In those years in which one of the
Christmas and/or New Year's holidays falls on a weekend, the Friday preceding the
weekend and the Monday following the weekend shall be observed as holidays.
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 work day preceding the holiday and
the first regularly scheduled work day following the holiday.
io
An employee on Disability Leave shall only be entitled to receive holiday pay within the six
month period after the date of injurylillness. If the employee is using annual leave when the
holiday occurs, payment for the holiday shall be prorated to the amount of annual leave
being used. If the employee is receiving Short Term Disability payments when the holiday
occurs, payment for the holiday shall be at 75% of the employee's regular rate of pay.
An employee on Industrial Injury Leave shall be entitled to receive full holiday pay within
the six month period after the date of injury/illness. After six months, holiday pay shall be
prorated to the amount of annual leave, if any, being used by the employee.
C. Jury Duty Leave
Employees who are called for jury duty continue to receive full pay and benefits for that
period of absence. Fees received for jury duty, less documented expenses, shall be remitted
to the City.
D. Military Leave
An employee in a reserve component of the armed forces of the United States is entitled to
temporary military leave not to exceed 180 calendar days during any period of ordered duty
for active military training. An employee who has been employed by the City for at least
one year immediately prior to the day on which the absence begins is entitled to receive full
salary and benefits during the first 30 calendar days of such temporary military leave, in
addition to whatever pay is received from the federal government for training. Pay for such
purposes shall not exceed 30 days in any one fiscal year.
E. Industrial Injury Leave
This is leave for an on-the job injury or illness. Beginning on the date of injury/illness, the
City shall pay an employee's full salary for up to the first three consecutive workdays of any
absence due to any one injury or illness. In the event that such leave exceeds three
consecutive workdays, the employee shall be entitled to Workers Compensation benefits as
prescribed bylaw. 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 su$'ers 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 aze 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
I1
his/her job.
F. Maternity Leave
An employee with at least six months of service may request up to one hundred twenty
(120) calendar days leave of absence for the purpose of childbirth or postnatal care. All
requests for Maternity Leave must be written and shall be made to the employee's
Department Head at least one month prior to the requested date for the beginning of the
absence. The request is subject to review and final approval by the City Manager.
A physician shall verify the pregnancy at the City's request. The employee may elect to use
annual leave during Maternity Leave. Upon return from Maternity Leave, the employee
will be reinstated to the position held at the time the leave was granted.
An employee on Maternity Leave will continue to receive full City paid insurance benefits
(medical, dental, life, and long term disability) for the duration of Maternity Leave up to
120 days.
G. Leave Without Pay
It is not the policy of the City to grant leaves of absence under most 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.
H. Exempt Employees
Exempt employees are paid on a salary basis. This agreement shall not be construed to
permit or require weekly salary reductions affecting FLSA exempt employees, except
as permitted under the FLSA.
G. Confidential Employees
The City may designate certain employees as "Confidential." Confidential employees are
privy to management decisions and related confidential information regarding
employer/employee relations. Employees designated as Confidential shall be restricted
from representing SEA on matters within the scope of representation.
12
Effective on the date of this agreement, employees occupying the following positions are
designated as "Confidential";
Position Department
City Clerk City Manager
Human Resources Analyst Administrative Services
Office Specialist (Human Resources) Administrative Services
Office Specialist (Payroll Clerk) Administrative Services
Office Specialist (Secretary to the City Manager) City Manager
XV. RETIREMENT (PERS)
The City is a contracting agency of the California Public Employees Retirement System
(PERS). Regular employees become members immediately upon employment and become
vested after five years. The Ciry pays the 7% employee's contribution in addition to the City's
contribution as a contracting employer.
The City through its contract with PERS provides for additional retirement benefits including
one year final compensation, service credit at retirement for unused sick leave, survivor
continuance, and 1959 survivor benefits (Leve13) if death occurs prior to retirement.
On the date this agreement becomes effective, the City agrees to process an amendment to its
contract with PERS to switch to the 2% at 55 retirement formula. The City agrees to pay
100% of the one-time cost to implement this contract amendment. The City further agrees to
establish 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 April of each year, the City shall review the past and projected performance of the
Retirement Reserve Fund, along with actuarial data provided by PERS, in order to determine
the amount to be deposited into the Retirement Reserve Fund on July 1. By May 1 of each
year, the City shall report to SEA the amount of its next contribution to the Retirement
Reserve Fund along with the assumptions used to determine the contribution amount. For the
fiscal year beginning on July 1, 1999, the City shall make an initial contribution of $28,483 into
the Retirement Reserve Fund on behalf of all non-management employees.
XVI. UNIFORM AND CLOTHING ALLOWANCES
Each permanent full-time Facility, Park and Street Maintenance employee shall receive an
allowance of $350 (three-hundred-fifty dollars} per fiscal year for the purchase of pants and
safety boots, and for uniform cleaning. Three shirts per employee per year are purchased
directly by the City, in colors designated by the department head. Community Service Officers
shall receive an allowance of $500 (five-hundred dollars) per fiscal year for purchasing and
cleaning their uniforms. Building Inspectors (including Sr. Building Inspector) shall receive an
allowance of $150 (one-hundred-fifty dollars) per fiscal year for protective clothing. The
Uniform and Clothing Allowances shall be paid on the second pay date in July. The Uniform
and Clothing Allowances shall be prorated for a newly hired employee from the date of hire.
13
XVII. TUITION REIMBURSEMENT
All regular employees of the City who have been employed continually for at least three
months prior to the commencement of an approved or required course are eligible for the City's
tuition reimbursement progam.
If the courses} taken is job related, I00% reimbursement will be afforded for tuition, fees and
books by the City up to a maximum of $250 per employee per year. The course(s) taken may
be, but need not be ut fulfillment of the requirements for a degee or certificate. Job relatedness
will be determined by the Department Head and City Manager.
If the course(s) is not specifically job related, reimbursement will be afforded for tuition, fees
and books by the City at 50%, up to a maximum $250 per employee per year. Course(s) taken
must be in fulfillment of the requirements for a degee or certificate.
If an employee leaves the City voluntarily in less than one year following receipt of tuition
reimbursement, apro-rated reimbursement to the City will be deducted from the employee's
final paycheck.
Reimbursement will be afforded after successful completion of the course(s) requirements.
Successful completion is defined as a "C" Bade or a "Pass" on a pass-fail system.
XVIIL GRIEVANCE PROCEDURE
Definition: A grievance is defined as any dispute concerning the interpretation or application of
this written MOU or work related problems.
Step 1. The grievant shall discuss his or her written grievance with his or her immediate
supervisor within five (5}working days following the event upon which the grievance is based
or five (5) days following the day the grievant is aware of or should have been aware of the
event upon which the grievance is based. A copy of all grievances filed with the immediate
supervisor shall also be filed at the same time with the City Manager.
The immediate supervisor shall answer the grievance in writing within three (3) working days
of the discussion with the grievant.
Step 2. If the grievant is not satisfied with the decision at Step 1, or if no decision is received,
the grievant may appeal the decision in writing within five (5) working days to the Department
Head.
The Department Head will meet with the grievant within three (3) working days of his or her
receipt of the grievance appeal and issue a written decision within three (3) working days of the
grievance meeting.
Step 3. If the grievant is not satisfied with the decision at Step 2, or if no decision is received,
the grievant may appeal the decision in writing within five (5) working days to the City
Manager.
1~
The City Manager will meet with the grievant within five working days of his or her receipt of
the grievance appeal and issue a written decision within five (5) working days of the grievance
meeting.
Step 4. If the grievant is not satisfied with the written decision from the City Manager, or if no
decision is offered, the SEA, on behalf of the grievant, may appeal the decision in writing
within ten (10) working days to the City Council. The unit member may appear at the hearing
with an SEA representative.
Upon receipt of the grievance appeal, the City Council will review the matter and resolve it by
final decision that will be binding and conclusive on all concerned. The Council will exert all
reasonable efforts to complete its review and inform the employee of its decision within two
weeks after receipt of the appeal.
XIX. SCOPE OF AGREEMENT
This Memorandum of Understanding represents the entire and complete understanding reached
between the representatives ofthe City of Saratoga and the representatives ofthe Saratoga
Employees Association for the period designated and applies to all positions represented by the
Saratoga Employees Association.
X~. RATIFICATION
This Memorandum of Understanding is subject to ratification by a majority vote of the
members of the Saratoga Employees Association. City Council adoption of Resolution No.
85-9. 12Q and ratification by the SEA will put the terms of this Memorandum into effect.
Representative of the
Saratoga Employees Association:
~~~~~ ~~
Richard Torres, President
Date: Zo ~ 1 i4~
Michael B MJB Assoc.
Date: y 1~~
15
Representative of the
City of Saratoga:
FLSA EXEMPT/NON-EXEMPT DETERMINATIONS
July 1999
Job Title
Accounting Supervisor
Administrative Analyst
Administrative Services Director
Assistant Engineer
Assistant Planner
Associate Engineer
Associate Planner
Building Inspector
City Clerk
City Manager
Community Development Director
Community Service Officer
Facility Coordinator
Facility Maintenance Supervisor
Facility Maintenance Worker I
Facility Maintenance Worker II
Human Resource Analyst
Japanese Gazden Specialist
Office Specialist I
Office Specialist II
Office Specialist III
Pazk Maintenance Leadworker
Park Maintenance Specialist
Pazk Maintenance Supervisor
Park Maintenance Worker I
Park Maintenance Worker II
Plan Check Engineer
Public Works Director
Recreation Director
Recreation Supervisor
Sr. Administrative Analyst
Sr. Building Inspector
Street Maintenance Leadworker
Street Maintenance Supervisor
Street Maintenance Worker I
Street Maintenance Worker II
Technology Coordinator
FLSA Status
Exempt
Exempt
Exempt
Exempt
Exempt
Exempt
Exempt
Non-Exempt
Exempt
Exempt
Exempt
Non-Exempt
Non-Exempt
Exempt
Non-Exempt
Non-Exempt
Exempt
Non-Exempt
Non-Exempt
Non-Exempt
Non-Exempt
Non-Exempt
Non-Exempt
Exempt
Non-Exempt
Non-Exempt
Exempt
Exempt
Exempt
Exempt
Exempt
Exempt
Non-Exempt
Exempt
Non-Exempt
Non-Exempt
Exempt
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