HomeMy WebLinkAboutCity Council Resolution 23-052, UNION MOU RESOLUTION NO. 23-052
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
ADOPTING MEMORANDUM OF UNDERSTANDING FOR THE "UNION"
(CARPENTERS 46 NORTHERN CALIFORNIA COUNTIES CONFERENCE BOARD
ON BEHALF OF THE NORTHERN CALIFORNIA CARPENTERS REGIONAL
COUNCIL ("UNION"))JULY 1, 2023 TO JUNE 30, 2027
WHEREAS, representatives of the City and the UNION have reached agreement on
matters relating to the employment conditions of said employees, as reflected by the written
Tentative Agreement for the Memorandum of Understanding; and
WHEREAS,the Tentative Agreement for the Memorandum of Understanding was ratified
by the UNION membership on May 25, 2023 and presented to the City Council on June 7, 2023;
and
WHEREAS, this Council finds that the terms and conditions contained in said Tentative
Agreement for the Memorandum of Understanding fair and proper and in the best interest of the
City.
NOW,THEREFORE BE IT RESOLVED,by the City Council of the City of Saratoga the terms
and conditions contained in said Tentative Agreement for the Memorandum of Understanding for
the UNION July l, 2023 to June 30, 2027 attached as Exhibit A are hereby ratified and adopted as
the Memoranduin of Understanding.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 7t�' day of June 2023, by the following vote:
AYES: COUNCIL MEMBERS AFTAB, PAGE, WALIA, VICE MAYOR ZHAO,
MAYOR FITZSIMMONS
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
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Kookie Fitzsimmons, Mayor
ATTEST:
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Britt Avrit, MMC, City Clerk
Resolution 23-052
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MEMORANDUM OF UNDERSTANDING BETWEEN TrIE CITY OF SARATOGA AND IINION(2023-2027�
MEMORANDUM OF UNDERSTANDING
BETWEEN CITY OF SARATOGA
AND
UNION
JULY 1,2023 TO JUNE 30,2027
I. INTRODUCTION
This Memorandum of Understanding (MOU), or"AGREEMENT,"dated July 1,2023, is between
the City of Saratoga through its designated representatives,hereinafter referred to as "CITY"and
the Carpenters 46 Northern California Counties Conference Board on behalf of the Northern
California Carpenters Regional Council 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.
II. GENERAL CONDITIONS
A. Total A�reement: This Agreement sets forth the full and entire understanding of the parties
for the period beginning July 1, 2023, and continuing through June 30, 2027, other than the
parties agree to a reopener in or around early 2025 to discuss only one issue of wages,with
any wage change to be effective in the first full pay period that includes July 1, 2025 and/or
July 1, 2026, but only if the parties agree to the wage change before June 1, 2025 and the
MOU is ratified by both parties before June 18, 2025. Otherwise,the wage change will be
effective the pay period following the pay period in which the MOU is ratified by City
Council, which will occur after being ratified by the Union. Any retroactive pay changes
will be subject to bargaining. 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 LINION
waives its right, and agrees that the CITY shall not be required,to negotiate with respect to
any subject or matter covered in this Agreement or with respect to any other matters within the
scope of negotiations, during the term of this Agreement.
The waiver of any breach,term,or condition of this Agreement by either party shall not
constitute a precedent in the future enforcement of all its terms and provisions.
B. City Council Approval: City Council approval of the terms of this MOU is incorporated in
Resolution No. 23-_0 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
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MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SARATOGA AND UNION(2023-2027�
the decision, and the remainder of this Agreement shall not be affected by the decision.
D. CITY Ri h�ts: The City reserves, retains, and is vested with any management rights not
expressly granted to the iJNION by this Agreement. These City rights include but are not
limited to the right to:
1. Determine and modify the organization of City government and its constituent work
units;
2. Determine the nature, standard, levels, and mode of delivery of CITY services;
3. Determine the methods, means, number, and kind of personnel by which CITY services
are provided;
4. Determine the procedures and standards for selection for employment and promotions;
5. Establish employee performance standards including, but not limited to, quality
standards, and to require compliance with those standards;
6. Discharge, suspend, demote, reprimand, or otherwise discipline employees in
accordance with applicable laws,the Saratoga Municipal Code, Personnel Rules and
Administrative Policies; and
7. Relieve employees from duty because of lack of work or lack of funds, or for inability
to perform the job as required, subject to the Personnel Rules and Policies.
Nothing in this Article shall relieve the CITY of its obligation to meet and confer on the
impact of the exercise of those rights,which are mandatory subjects of bargaining under the
Meyers-Milias-Brown Act.
III. SALARY ADMINISTRATION
A. Even though the Personnel Rules currently provide for a salary survey and wage adjustment
every other year, that salary survey and related wage adjustment will not apply to and will
not occur for UNION unit members.7-Step Range Table Pay Plan and Annual Cost-Of-
Living Adjustment(COLA�
The package proposal is proposed to be effective on the later of(1)July l,2023 or(2)the pay
period following the pay period in which the MOU is ratified by City Council. (Council will
only consider ratifying the MOU after LJNION has already ratified it). There will be no
retroactive salary increases if ratification occurs after July 1,2023.
If ratified before Julv l,2023:
Effective in the first full pay period that includes July 1,2023, each UNION member shall
receive a cost-of-living adjustment(COLA)percentage wage increase based upon the annual
average for the 12-month period of January to December 2022 of the U.S.Department of
Labor,Bureau of Labor Statistics, "All Urban Consumers (CPI-U)" for the"San Francisco-
Oakland-Hayward"region,which is 5.6%.
Effective in the first full pay period that includes July 1,2024,each LJNION member shall
receive a cost-of-living adjustment(COLA)percentage wage increase of 2.39%.
This provision on COLA is expressly agreed to terminate and sunset in its entirety on June 30,
2025, and will not continue in effect for future contracts, unless an express ratified agreement
continues this in effect.
See Exhibit A for the fiscal year 2023-24 7-step range table pay plan.
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Each unit member will also receive a one-time payment off the salary schedule for hazard pay
of a lump sum of a gross amount of wages of$500,which is subject to taxes and withholding,
which is not reportable to PERS.This lump sum off the salary schedule payment will occur in
the pay period that includes July 1,2023.
B. Compensation
�: Employees occupying a position in a classification covered by this MOU shall be paid a
base salary(exempt FLSA status)or hourly rate of pay(non-exempt FLSA status)within the
range established for that position's classification.
Placement Within 7-Step Ran e� Table: The CITY will determine placement consistent with
the Personnel Rules and Policies.
Progression Within 7-Step Ran e�ble:Advancement within an established 7-Step Range
Table is considered at the time of employee eligibility.
Each employee will be eligible to receive a salary increase to the next higher step within the
range of their assigned classification upon July 1 of each year, after each employee has worked
at least six(6)months, if other eligibility criteria are met. If a new hire has not worked at least
six(6)months as of July l,then that employee's anniversary date will be the next July 1 and
each July 1 thereafter.
Eli i�bility for Pro�ression within 7-Step Range:
All regular and eligible employees(with reference to the paragraph immediate above)will be
evaluated on a fiscal year basis and will advance in their pay range based on fiscal year
performance evaluation results during the one-year anniversary step increment portion of the
pay range table(Steps 1-5).
While employee is progressing within Steps 1-5, increases in pay shall be contingent upon a
satisfactory fiscal year evaluation of the employee's performance, and shall require
recommendation of the Department Director. In the case that an employee receives a
cumulative rating of less than"meets expectations"on the performance evaluation,the
employee will not receive a pay increase other than an approved and budgeted cost of living
increase in accordance with Article III., Section A. 7-Step Range Table Pay Plan and Annual
Cost-of-Living Adjustment. An employee who is denied an increase in pay may discuss such
denial with his/her Department Director 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"meets expectations"or greater during
the fiscal year employee performance evaluation will be eligible to receive a pay increase of
five percent(5%) (1 step)above their existing pay while progressing from Step 1 to Step 5.
The employee shall advance to Step 6 after four(4)additional years of satisfactory service in
the same classification at step 5, contingent on the recommendation of the Department
Director.
The employee shall advance to Step 7,the top of the range,after another additional four(4)
years of satisfactory service in the same classification at step 6, contingent on the
recommendation of the Department Director.
Ne�otiated Increases: All negotiated pay increases shall apply at all steps in the range,
including applying to an employee who is receiving the multi-year 5%steps (step 6 and step 7).
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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
that would provide,at a minimum, a five percent(5%) increase in salary.
If no step in the salary range for the new position would provide the employee with at least a
five percent(5°/o) salary adjustment,the employee shall be moved to step 5 of the new salary
range.
All promotional appointments shall be subject to a probationary period of one year. During the
probationary period,a supervisor may evaluate an employee at any time.Upon successful
completion of the twelve-month probationary period, a written evaluation will be prepared.At
the completion of a successful probationary period,the employee shall be granted regular
employment status and may advance in his/her salary range as part of the citywide fiscal year
evaluation process.
If it is determined through employee performance evaluation that an employee subject to a
promotional appointment does not pass probation,the probationary employee shall be
reinstated to the position from which he or she was promoted provided that position is vacant
and funded and provided that the employee subject to not passing probation did not violate the
Personnel Rules and Policies'list of causes for discipline(except that an employee who has
unsatisfactory job performance based on lack of knowledge, skills,and abilities required of the
higher classification will be allowed reinstatement to the lower classification.) If no vacancy
exists,the employee may ask to be placed on a re-employment list.
C. Workin� Out of Classification: Employees represented by LTNION 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 Classification assignments are
temporary and shall continue as authorized by a Department Head or City Manager, but not
exceed one year. Upon completion of an out of classification assignment, an employee will
return to his/her regular job classification, salary range, and step.
D.Fiscal Year Employee Evaluations: The CITY administers an employee evaluation process
each fiscal year. The process includes a voluntary self-evaluation prepared by the employee
and a performance evaluation prepared by the employee's supervisor/manager. Ratings on
the Performance Evaluation are tied to the competency progression scale 50-100:
50 Unsatisfactory; 60,62,64,66,68 Approaching Expectations; 70,72,74,76,78 Meets
Expectations; 80,82,84,86,88 Meets & Exceeds Expectations; 90,92,94,96,98,100
Meritorious/Outstanding.
The employee is rated on his/her performance in up to seven(7) categories:
• Customer Service • Job/Functional Skills • Initiative
• Teamwork •Accountability • Communication
• Flexibility/Adaptability and Change
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The employee receives an overall score based upon individual ratings received under each
category.An employee who has received a cumulative rating of 70 points or greater during the
fiscal year employee performance evaluation will be eligible to receive a pay increase of five
percent(5%) (1 step)above their existing pay until the employee reaches step 5.
The employee shall advance to Step 6 after four(4) years of satisfactory service in the same
classification at Step 5, contingent on the recommendation of the Department Director.
The employee shall advance to Step 7, the top of the range, after another four(4) years of
satisfactory service in the same classification at Step 6, contingent on the recommendation
of the Department Director.
IV. PROBATIONARY EMPLOYEE AND REGULAR EMPLOYEE
Probationary Emplovee: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.
Se�aration 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.
Re u� l��pointment Requires Passin�Probationary Performance Review:An employee will
receive a regular appointment only when he/she receives a"meets expectations"or above rating
on his/her written 12-month probationary performance review,resulting in the passing of the
probationary period. If the employee does not meet the expectations for the probationary period,
he/she will be rejected for regular appointment.
Regular Employee:An employee who: (1)is regularly scheduled to work on a continuing basis,
(2) has completed the probationary period for the position he or she holds, and(3)holds a
budgeted position, is a regular employee.
V. LAYOFF
A. Policv: It is the CITY's intent to avoid employee layoffs whenever possible. When,
however, in the CITY's judgment it is necessary to abolish a position of employment,the
employee holding the position may be laid off or demoted without disciplinary action and
without the right of appeal. The CITY will meet with employees of the affected
classification to determine whether a voluntary reduction in hours or other solution may be
presented to avoid the pending layoff.
B. Notice: Whenever possible, an employee subject to layoff will be given at least 30-calendar
days' notice prior to the effective date of the layof£ Layoff notification will be provided in
the form of a"Notice of Layoff."At the time of notice,the employee will also be notified
of any displacement rights or rights to reemployment, as described below.
C. Order of Lavoff: Employees shall be laid off in the following order: (1)temporary
employees, (2)part-time employees, (3)probationary employees, (4) regular employees,
with all employees being laid off in the inverse order of their seniority within their
classificatian. Seniority is determined by length of service. "Length of service"means
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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 based on the
last evaluation rating in the classification,provided that such information has been on file at
least 30 days and no more than 12 months prior to lay off. In such a case, employees shall be
laid off in the following order: (1)employees with an"unsatisfactory"or"below expectations"
or similar performance numerical rating, (2)employees having a"meets expectations"or
similar performance numerical rating, (3)employees with an"exceeds expectations"or
"outstanding"or similar performance numerical rating. If all conditions listed above are equal,
the layoff shall be determined by a flip of a coin in the presence of the affected workers.
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 lay off 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-Em l�o,yment: 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 layoff, shall be automatically placed on a re-employment list for one year for the
classification from which they were laid off. This list will be used when a vacancy arises in
the same or a lower class of position. Re-employment shall be based on seniority should
more than one person in the same classification be laid off from the same department.
Employees who are offered and refuse re-employment will be removed from the re-
employment list after two refusals of reemployment. Employees re-employed in a lower
class, or on a temporary basis, will continue to remain on the list for the higher position for
one year.
G. Insurance Benefits Upon Layoff: The CITY will extend medical insurance benefits for two
months (the remainder of the month of separation and one more month)to an employee
who has been laid off if the employee was receiving benefits before the layof£ 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.
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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 eight(8)nine-hour days, one(1) eight-hour day and have one day off every
two weeks.An employee's second workweek begins in the fifth hour of the employee's 9-hour
workday(Monday)following the off-Friday.For example,the standard 9/80 work schedule for
most LTNION members is as follows:
Sunda Monda Tuesda Wednesda Thursda Frida Saturda
Off 9 9 9 9 Off Off
4 (end)
Off 9 9 9 8 Off
5 (start)
Off 9 9 9 9 Off Off
4 (end)
Off 9 9 9 8 Off
5 (start)
Written Authorization signed by the City Manager is required for a work schedule arrangement
different from the standard 9/80 schedule. The written authorization must be filed with the Human
Resource and Payroll Divisions.
Fridays when the CITY is not open for business are referenced as"off-Fridays."
The work period(pay period) is the period encompassing two consecutive workweeks.
A holiday furlough will exist whereby the CITY operations are closed from December 24 through
January 1 of every year. Employees shall utilize their available balances (earned paid time off or
earned compensatory time), if applicable. Employees that utilize unpaid leave due to an
insufficient leave balance shall maintain regular benefit status. Employees may not utilize unpaid
leave prior to e�austing their available balances,except with prior written authorization signed by
the City Manager.
VII. FAIR LABOR STANDARDS ACT AND OVERTIME
Those employees eligible through the Fair Labor Standards Act for overtime shall receive it in the
following way:
1) Overtime for all eligible LINION members shall be defined as any time worked beyond the
standard workday or beyond the standard work week as described above. The 9/80 and/or
4/10 work schedule may not be used in any application that requires entitlement to FLSA
overtime as the CITY and IINION agree to the 9/80 and 4/10 work schedule;
2) Overtime compensation shall be computed at one-and-a-half times the employee's regular
rate of pay for hours worked more than the standard work hours in one dav or for time
worked over 40 hours in one workweek;
3) All employee overtime must be preapproved in advance of the employee working overtime
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and in writing by the Department Head. The employee's written authorization to work
overtime is required to be turned in with the employee's time sheet for each pay period.
COMPENSATORY TIME OFF 1N-LIEU OF OVERTIME
Supervisor A�proval Required Before Work:An employee may opt to accrue compensatory time-
off("CTO") in lieu of cash payment for overtime worked if his or her supervisor agrees prior to
overtime work being performed. Employees must use CTO within 180 days of accrual unless
otherwise approved by a Department head.
Calculation Rate: CTO be calculated at the appropriate overtime rate.
Employee Requests to Use CTO: The CITY will grant an employee's request to use accumulated
CTO earned 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.
Fiscal Year Cash-Out:All Comp Time Off earned and not used as of June 15 of each fiscal year is
automatically cashed out to the employee in the pay period before the fiscal year ends.No accrued
and unused Comp Time Off can be carried over to the next fiscal year.
VIII. STANDBY PAY
Non-exempt employees may be assigned to standby duty as determined and as assigned in
advance by the City Manager or Department Head.Employees assigned to standby duty must
report for duty within one hour of notification and be able to perform the duties as assigned.
Employees assigned to standby duty will be issued City cell phones and must answer telephone
calls.Employees are compensated$50.00 for each weeknight, defined as from the end of the
employee's work day's shift to the beginning of the next day's shift, and$100.00 per day for each
weekend, defined as the end of the employee's workday on Thursday of an off-Friday week or
Friday of an on-Friday week to the beginning of the next workday(off-Friday, Saturday, Sunday),
or holiday assigned to standby status, unless an employee's regularly scheduled work day includes
an off-Friday, Saturday,or Sunday.
IX. CALL OUT PAY
Non-exempt employees who are called out to perform work of an emergency nature after the
employee's regularly scheduled workday are compensated for a minimum of three (3) hours
for each occurrence at one and one-half(1.5)times the employee's regular hourly rate of pay or
two (2)times the employee's regular hourly rate of pay if the call-out is on designated City
holidays (refer to XII. Paid Time Off, C. 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 call out while responding to the first does not restart the clock. For
example, if an employee is responding to a call out that begins at 2 p.m. and receives a second
call at 2:15 p.m., and both calls are addressed, and the employee is home by 3 p.m., both calls
are within the three-hour minimum.
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The City has the right to assign an employee to work on a City-recognized holiday. If the City
assigns an employee to work on a City-recognized holiday,the holiday work assignment will
occur by placing an employee on standby and using the call-out process for the hours of
holiday work.
X. MEAL REIMBURSEMENT
The CITY will provide a meal or reimburse the cost of a meal up to$15.00 for each employee
who is required to work extended overtime or who is required to work on extended emergency call
out. Meal reimbursement is available if the employee works more than ten(10) consecutive hours
during a scheduled workday or if the employee works more than four(4)hours during an
emergency call out. Two meals will be provided if work is required more than eight(8)hours
during an emergency call out.
XI. EMPLOYEE BENEFITS
A. Health and Dental—In-Lieu Pa, ments
An employee who completes and submits required documents (1)to prove that the
employee has other health insurance coverage and (2)to waive City-provided health
insurance coverage will receive a payment per month of$400.00 as additional taxable
wages.
The employee must complete and submit any required documents and provide proof of other
health insurance coverage during open enrollment(in or around October)to be eligible for the
cash-in-lieu payment beginning the following January 1.
Only qualifying events as defined by law allow employees to make a change to their health,
dental,and/or in-lieu enrollment elections during the year(outside of the annual open enrollment
period).
Any employee who declines to accept coverage in the Dental Plan,evidenced by signing a
waiver form,shall receive a monthly in-lieu payment of$25.00 as additional taxable wages.
The monthly health and/or dental cash in-lieu payments for regular part-time employees and
full-time employees working less than full time will be pro-rated in proportion to the number
of hours worked or accrued leave hours paid.
B. Health Premium Contributions
The City's contributions for medical insurance are inclusive of the City's payment of the
statutory minimum Public Employees' Medical and Hospital Care Act(PEMHCA)
contribution, which are set by California Public Employees' Retirement System (Ca1PERS)
Health Program and which may change from time to time. The PEMHCA minimum
contribution for calendar year 2023 is $151.00 per month. This amount is established
annually by Ca1PERS and is the minimum amount the City must pay on behalf of eligible
employees for medical insurance based on the PEMHCA law.
In addition to the PEMHCA minimum contribution, the City shall provide additional
contributions to eligible active employees to offset the cost of participation in the City
sponsored medical benefits available through an Internal Revenue Code Section 125
cafeteria plan (Additional Contribution). The additional contribution is based on the
employee's medical plan participation level. The PEMHCA Minimum Contribution, when
added to the Additional Contribution, will equal the City's total monthly contribution
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toward an employee's medical election (Total Contribution). The City pays
all administrative fees imposed by benefit providers.
In accordance with PEMCHA Health Benefits, eligible retirees shall receive the PEMCHA
Minimum Contribution as equal to and no greater than the statutory minimum required by
law, if they elect to continue health insurance benefits with Ca1PERS after they retire from
Saratoga. The PEMHCA minimum contribution for calendar year 2023 is $151.00 per
month. Retirees pay the remaining balance of the health insurance premium.
Effective January 1, 2023 the City provides a monthly health insurance contribution(Total
Contribution) for each employee's selected level of coverage as follows in the chart below:
Employee Employee Plus One Employee Plus Two (Family)
$917.00 $1,835.00 $2,386.00
As of January 1, 2024,the CITY's monthly health insurance contribution will be adjusted
annually as follows.
1. Prior to the beginning of the CaIPERS open enrollment period,the City will compare the
average monthly cost of all plans offered in the next calendar year for each level of
coverage (Employee, Employee+ 1, and Employee+2)with the current year average
monthly costs for each level of coverage. The average will be calculated by adding the
cost for each plan at the same level of coverage and then dividing by the number of
plans.
2. If the average cost for a level of coverage in the next calendar year will exceed the
average cost for the same level in the current year,then the CITY's monthly contribution
for that level of coverage will be increased by 50% of the difference of the two yearly
averages.
3. If the average cost for a level of coverage in the next calendar year is below the average
cost for the same level in the current year, then the CITY monthly contribution for that
level of coverage will not change.
The adjusted CITY contribution for each level of coverage for the next calendar year will
be provided to the employees prior to the beginning of the open enrollment period and
become effective on January 1 of each year.
C. Dental Premium Contributions
The City contributes 100%of the dental premium for regular,full-time employees.
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-tax basis.
If ratified by both parties before July 1, 2023, effective July l, 2023, the City will contribute
$50.00 per month to the employee's 457 Plan,which does not require the employee match that
amount. In addition,the City will contribute up to $100.00 per month to the employee's 457
Plan,matching the employee's contribution of up to $100.00. This provision is expressly
agreed to terminate and sunset in its entirety as of June 30,2027, and will not continue in effect
for future contracts, unless an expressly ratified agreement continues this in effect.
E. Short Term Disabilitv Insurance: The CITY will pay 75%of a regular employee's full salary
for six months and maintain existing insurance benefits, subject to eligibility requirements,
for an employee on a disability leave, for three months from the date of the qualifying injury
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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 e�austion of all PTO, an employee on short term disability leave shall no
longer accrue paid time of£ 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 of£ The 75%of salary payment will be reduced for income received through social
security and/or workers' compensation.
F. Long Term Disability Insurance: The CITY provides a long term disability plan
administered by a third party to provide an employee with income protection. Following the
six(6)months of short-term disability,the group insurance policy will cover 66%of the
employee's salary up to a maximum of$2,000 per month. Benefits will be reduced for
income received through social security and/or workers' compensation. Payments made to
the disabled employee through this group policy are not reported to PERS as salary earned.
Employees whose salaries exceed$3,000 monthly are eligible to purchase additional long term
disability insurance;however,availability of the plan is subject to the carrier's minimum
requirement of ten(10)enrollees.
G. Life Insurance and Accidental Death Insurance: The CITY provides for $100,000 of life and
accidental death and dismemberment insurance for all unit members effective as soon after
July 1,2023 as the coverage can be established. Coverage shall begin on the first day of the
month following date of hire and ends on the date of separation. Employees may purchase
additional life insurance for themselves and/or their dependents; however, availability of
additional insurance is subject to the group carrier's requirements.
H. Emplovee Assistance Pro�ram: 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.
I. Flexible Medical Spendin�: 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.
J. Dependent Care Spendin 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.
K. Long Term Care: Employees may purchase long term care insurance through a group
benefits program administered by PERS.
L. Legislated Benefits: The following benefits are mandated by law and apply to all CITY
employees:
1. Workers' Compensation: This insurance,paid by the CITY, assists employees in the
event they become injured on the job or become ill due to their job.
2. Unemployment Insurance Com�pensation: The State Unemployment Insurance program,
which is paid by the CITY, provides an income to employees who become unemployed
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through no fault of their own.
3. Consolidated Omnibus Bud�et Reconciliation Act of 1986 (COBRA�: A federal health
insurance law that requires employers to offer employees and their family members
continued participation in employer's group health insurance program, at special rates,
following a"qualifying event, "including going on unpaid status while on a California
Family Rights Act(CFRA) or Family Medical Leave Act(FMLA) leave and
termination from employment.
4. Health Insurance Portabilitv and Accountabilit�HIPPA): A federal law that limits
the circumstances under which medical coverage may be excluded for pre-existing
medical conditions and protects the dissemination of certain health-related information.
XII. PAID TIME OFF (PTO)
The CITY provides Paid Time Off(PTO),also referred to as annual leave benefits to regular full-
time employees for rest,relaxation, and planned interruptions from the workplace including
vacation, illness, caring for children, school activities,medicaUdental 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.
A. Eli ig bility: All regular full-time employees are eligible to take and/or accrue paid time off
based on their continuous length of service, measured from the date of hire. Continuous
length of service is defined as service that is uninterrupted by termination of employment
and subsequent rehire by the CITY or a break in service that has been bridged.
B. Paid Time Off(PTO)Accrual: The amount of PTO earned each year is based on the
employee's continuous length of service. PTO hours are calculated as earned on a
bi-weekly accrual schedule. All PTO hours are based on compensated work hours.
Therefore, PTO accruals for regular part-time employees scheduled to work less than 40
hours per week shall be prorated accordingly. Employees will not accrue PTO hours while
on unpaid status.
Paid Time Off(PTO)Accrual Schedule for Full-Time Emplo,vees
Years of Service Hours Accrued Maximum Annual Accrual Hours
Years 0 thru 5 176 600
After 5 years 216 600
After 10 years 256 600
PTO Cash-Out Requirement Effective onlv for Calendar Year 2023:
A PTO Cash-Out will not be made other than at the time of termination, except for the required
PTO cash-out plan for 2023 described as follows:
Effective July 1, 2023, for calendar year 2023 only, each employee's PTO hours that are
accrued that exceed 350 hours of PTO as of December 31, 2023, and that are not scheduled to
be used by December 31, 2023,will be paid out on the last payday of December 2023.
This provision is effective July 1, 2023, and is expressly agreed to terminate and sunset in its
entirety as of December 31, 2023, and will not continue in effect for future contracts, unless an
express ratified agreement continues this in effect. The following provision for 2024 supersedes
this 2023 provision.
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PTO Cash-Out Option Effective Calendar Year 2024:
A PTO Cash-Out Option will not be made other than at the time of termination, except for the
optional PTO cash-out plan described as follows:
Effective for cash out of PTO beginning in calendar year 2024, if an employee has used the
required minimum of 80 accrued hours of PTO in the current calendar year("year 1"), the
employee is eligible to cash out up to the maximum number of hours of PTO that is the
employee's annual PTO accrual rate as of December 31 of year 1 (with that PTO actually being
earned and accrued in the following calendar year- "year 2") if, by December 31 of year 1
(which means the first election is by 12/31/23),the employee makes an irrevocable election to
cash out some or all of year 2's PTO accrual. The elected cashed-out PTO will be paid in year 2
in the first full pay period of June (for up to half the year 1 rate of annual accrual of PTO) if the
member selects June cash-out on the form, or in the first full pay period of December(for up to
half the year 1 rate of annual accrual of PTO if the member also cashed out in June, or if there
is no cash out in June, for up to the full year 1 rate of annual accrual of PTO if the member only
cashes out once in year 2) if the member selects December cash-out on the form. An employee
must maintain a minimum balance of 200 hours of accrued PTO after the cash out.
December 31 of year 1 is the deadline to elect cash out for either the June payment or the
December payment in year 2.
For example, if.•
(1) an employee uses 80 or more accrued hours of PTO in 2023 (year 1),
(2) the employee has 200 or more accrued hours of PTO by 12/31/23 (so the minimum accrued
PTO balance remains 200 hours or more after the cash out is paid in 2024), and
(3) the employee will accrue 160 PTO hours in 2023 (year 1), then the employee can make an
irrevocable election by 12/31/23 to cash out up to 160 PTO hours that will be earned in 2024
(year 2). The cash-out will occur in June and/or December at the employee's election and
consistent with all requirements in this MOU.
Payment of any amount of cashed out PTO is income and subject to federal and state tax
withholdings and deductions.
PTO Accruals: Effective December 1, 2011,the PTO accrual cap of 600 hours in the Personnel
Rules will be enforced. Under no circumstances can an employee accrue more than the accrual
PTO cap at any point in time. Once an employee reaches the accrual cap,no additional PTO will
accrue until the employee uses his or her accrued PTO and reduces the balance to less than the
accrual cap. Thereafter,PTO benefits will continue to accrue on a prospective basis only until the
employee reaches the cap.No retroactive credit will be given for the time when accrued PTO was
at the cap.
PTO Timecard Reporting: PTO must be taken by non-exempt employees in increments of.25-
hour(15 minutes)or more in a workday. For example,when the employee leaves work 1.25 hours
early to take care of personal business.
PTO Upon Termination:
Upon retirement from CITY service, an employee may choose to use all of his/her accrued paid
time off as sick leave for service credit if allowed to do so by PERS. If an employee uses less than
100%of his/her paid time off toward PERS service credit,the CITY will pay the balance of the
employee's accrued paid time off at the employee's regular rate of pay.
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Upon separation from CITY service other than retirement,the CITY will pay 100%of the
employee's accrued paid time off at the employee's regular rate of pay. When an employee
voluntarily resigns from employment, no paid time off may be used between the time a notice of
resignation is given and the employee's last day of work unless authorized by the supervisor and
Department Director.
C. Holidays: The CITY observes the following paid holidays:
(1) New Year's Day January 1
(2) Martin Luther King's Birthday 3`d Monday in January
(3) President's Day 3`d Monday in February
(4) Memorial Day Last Monday in May
(5) Independence Day July 4
(6) Labor Day lst Monday in September
(7) Indigenous Peoples' Day(Columbus Day) 2°d 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
Calendars for four calendar years are attached. Except as modified by holiday calendars,this
paragraph determines the scheduling of holidays. If a holiday falls on a Saturday,the
preceding Friday will be observed. If a holiday falls on a Sunday,the following Monday will
be observed. In those years in which one of the Christmas and/or New Year's holidays falls on
a weekend,the Friday preceding the weekend and the Monday following the weekend shall be
observed as holidays. If a holiday falls on an off-Friday,the holiday will be observed on the
preceding Thursday. In general,holidays shall be compensated as a regular day's salary.
If a holiday occurs when an employee is using annual leave,the holiday will not be charged
against the employee's annual leave balance.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 workday following the holiday except 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 accrued PTO on the day before the holiday and the day
after the holiday,payment for the holiday shall be at full pay. If the employee is receiving
Short Term Disability payments on the day before the holiday and/or the day after the holiday,
payment for the holiday shall be at 75%of the employee's regular rate of pay.
D. Jur� L�eave_: Employees who are called for jury duty continue to receive full pay and
benefits for that period of absence. A juror who is a City employee and who receives
regular compensation and benefits while performing jury service may not be paid the daily
jury duty fee. (CCP section 215). The employee is required to waive the daily jury duty fee
by completing a court form (or by telling the court staff that the employee is paid full
compensation and benefits by the City).Any checks that an employee receives from the
County or court for daily jury duty fees must be returned by the employee to the County or
court which issued the check for jury duty fees. If the County or court issues a separate
check for mileage, the employee can retain and cash the check reimbursing the employee
for mileage. The employee should request that the court issue a check for mileage
reimbursement only. The time spent on jury duty is not work time for purposes of
calculating overtime compensation.
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E. Military Leave:An employee in a reserve component of the armed forces of the United
States is entitled to military leave according to applicable law. An employee who has been
employed by a public entity, including prior military service, for at least one year
immediately prior to the day on which the absence begins is entitled to receive full salary
and benefits during the first 30 calendar days of such temporary military leave, in addition
to whatever pay is received from the federal government for training. Pay for such purposes
shall not exceed 30 days in any one fiscal year.
F. Industrial Injur,y 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. If such leave exceeds
three consecutive workdays,the employee shall be entitled to Workers Compensation
benefits as prescribed by law. Monies paid through a third-party administrator are not
reported to PERS as salary earned. In addition, the employee may use annual leave to
supplement Workers' Compensation benefits up to his/her full salary to the extent allowed
by applicable law. An employee on Industrial Injury Leave will continue to receive full
CITY paid insurance benefits (medical, dental, life, and long term disability) for up to 3
months from the date of injury/illness.
If 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 timecard any time off taken due to an on-the job
injury or iliness, 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 to minimize the inconvenience to
fellow employees and the impact on the employee's ability to perform his/her job.
G. Leave Without Pav: 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.
XIII. RETIREMENT (PERS)
The CITY is a contracting agency of the California Public Employees Retirement System(PERS).
Regular employees become members immediately upon employment and become vested after five
years.The CITY pays the CITY's contribution as a contracting employer.
Effective November 14,2011,each regular LINION employee will contribute 7%of the
employee's compensation on a pre-tax basis towards the Ca1PERS 2%@55 retirement plan
permanently.
New Hire Ca1PERS Retirement Plan for Emplovees Hired July 1,2011 throu�h December 31,
2012:Any employee hired on or after July 1,2011, (and effective as soon as the City can complete
the legally-required process for this item) and before December 31,2012,will receive the
following 2nd tier retirement option:
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a. A retirement plan of 2% at 60 with a retirement benefit based on a calculation using a
three-year average compensation.
b. Each employee will pay on a pre-tax basis 100%of the employee's contribution as
determined by PERS toward the Ca1PERS 2%@60 retirement plan.
New Hire Ca1PERS Retirement Plan for Employee Hired January 1 2013 and After:Any
employee hired on or after January l,2013,who does not meet the exceptions as specified in state
law to be a"classic"member of PERS,will receive the following 3rd tier retirement option:
a. A retirement plan of 2%at 62 as required by state law(PEPRA).
b. Each employee will pay on a pre-tax basis 100%of the employee's contribution as
determined by PERS toward the Ca1PERS 2%@62 retirement plan.
An employee hired after January 1, 2013 who meets an exception under state law to be a
"classic" member of PERS will receive the second tier plan of 2% at 60 noted above.
The CITY through its contract with PERS provides for retirement benefits including: (1)for
employees hired before July 1,2011, 2%at 55 (effective September 1, 1999),one year final
compensation, service credit at retirement for unused sick leave, survivor continuance, and 1959
survivor benefits(Level 3) if death occurs prior to retirement,or(2)for employees hired on or
after July l,2011,2%at 60,three year average compensation,or(3)for employees hired on or
after January 1,2013,2%at 62 as required by state law(PEPRA) (unless employee is a"classic"
member).
In addition,employees may be eligible to purchase additional years of service credit under specific
circumstances listed under the CITY's PERS contract.
XIV. UNIFORM AND CLOTHING ALLOWANCES
Each regular full-time employee shall receive an allowance of$600 per fiscal year for the
purchase of pants and/or shorts, safety boots,and laundering of uniform shirts and other items
provided by the City.Three shirts per employee per year are purchased directly by the City in the
colors designated by the City. The City also purchases hard hats,safety jackets,rain gear,rain
boots,and gloves as needed. This $600 allowance shall be paid on the second pay date in July.
The allowance shall be prorated from the date of hire for a newly hired employee. The allowance
is reported to PERS as salary earned for Classic employees (not reported as special pay for
PEPRA employees).
XV. TUITION REIMBURSEMENT
All regular employees of the CITY who have been employed continually for at least one year prior
to the commencement of an approved course are eligible for the CITY's tuition reimbursement
program,dependent on the City's availability of training funding at the time.
A. Coursework for Degree or Certificate: If the course(s)taken is/are job related or in
ful�llment 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 two thousand five hundred dollars ($2,500)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,
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fees and books by the CITY at one-hundred percent(100%), up to a maximum five hundred
dollars ($500) per employee per fiscal year.
Reimbursement will be afforded after successful completion of the course(s)requirements.
Successful completion is defined as a"C"grade or a"Pass"on a pass-fail system.
XVI. ARBITRATION AND GRIEVANCE PROCEDURE
If the iJNION believes that the CITY has violated this Agreement, such matters arising during the
term of this MOU("grievances")will be resolved through this Grievance Procedure,which is the
sole and exclusive method of doing so. The parties agree by this provision that matters regarding
discipline remain within the sole discretion of the City as set forth in its Discipline Policy and that
only the issue of whether the City has followed its Discipline Policy is subject to arbitration and
the grievance procedure.
A. Ste 1 : The IINION Representative will attempt to resolve the matter with the supervisor.
If the matter is not resolved the tJNION will file a written grievance with the CITY's
Human Resources representative within fifteen days after the employee or LJNION is aware
or reasonably should be aware of the act or omission that caused the grievance. The
grievance shall specify the date(s) of the alleged violation(s) and the provisions of the
Agreement applicable to the dispute. A grievance not filed in writing within the above time
shall be invalid or waived, excepting any complaint relative to wages shall not be deemed
invalid or waived until thirty (30) days after origin of cause of the complaint and in no
event shall an employee be deprived of actual wages due.
B. Ste 2 : The CITY shall answer the grievance in writing within ten (10)working days after
the written grievance is filed. The CITY Human Resources representative and the LTNION
will discuss the grievance during this period. If the grievance is not settled,the UNION
may advance it to Step 3 by giving written notice to the City Manager within five (5)
working days after the CITY Human Resources representative answers the grievance in
writing. If the CITY does not timely file an answer, LTNION may advance the grievance to
Step 3 within five (5) calendar days by giving written notice to the City Manager and the
HR Manager, and the iJNION may deliver written notice of arbitration immediately. The
CITY shall notify the LTNION of the name, address, telephone number and fax number of
the City Manager no later than five (5)working days after this MOU has been ratified and
no later than five (5)working days from the date the CITY assigns the City Manager
representative duties to a different individual.
C. Ste 3 : During the five (5)working days after a grievance advances to Step 3,the City
Manager and the ITNION will attempt to settle it. If it is not settled during that five (5)day
period, the IJNION 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 based on the CITY's
answer.
The time limits in this Grievance Procedure may be extended by mutual written agreement.
Each party will provide the other with a current address of that party's representatives
identified above.
D. Arbitration
1. Upon filing by the UNION of an appeal to arbitration as provided in Step 3 of the
Grievance Procedure,the parties will promptly attempt to agree on an independent
arbitrator to hear and resolve the grievance.
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2. If the parties are unable to agree on an arbitrator within five (5) working days after the
UNION delivers the notice of appeal to arbitration, either party may apply to the State
Mediation and Conciliation Service (SMCS) for a panel of seven arbitrators. The party
applying for the list will request that the list be sent by the SMCS to both parties.
3. Upon receipt of the list,the parties will promptly select an arbitrator to hear and decide
the grievance by alternately striking names from the list(coin toss for first strike)until
only one remains, and s/he will be the arbitrator for the case.
4. The arbitrator will decide the case by a written opinion following the hearing. The
arbitrator's decision will be final and binding provided that the arbitrator's decision is
based on the provisions of this Agreement as written and does not add to, subtract from
or ignore any provision of this Agreement. Either party may have a transcript of the
hearing made, but in that event, that party will pay for the transcript.
5. The fees and expenses of the arbitrator and the court reporter will be paid one-half by
each party. Each party's own expenses will be paid by that party.
XVII. ALCOHOL AND DRUG ABUSE POLICY
Purpose: It is the intention of this policy to eliminate substance abuse and its effects in the
workplace. While the City of Saratoga has no intention of intruding into the private lives of its
employees, involvement with drugs and alcohol can take its toll on job performance and employee
safety. Employees must be in a condition to perform their duties safely and efficiently,in the
interest of their fellow workers and the public, as well as themselves. The presence of drugs and
alcohol on the job,and the influence of these substances on employees during working hours,are
inconsistent with this objective.
Employees who think they may have an alcohol or drug usage problem are urged to voluntarily
seek confidential assistance from the Employee Assistance Program Counselor. While the CITY
will be supportive of those who seek help voluntarily,the CITY will be equally firm in identifying
and disciplining those whose continued substance abuse,even if enrolled in counseling or
rehabilitation programs,results in performance problems,danger to the health and safety of others
and themselves and/or violations of federal,state or CITY laws/policy.
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
job)which increases the potential for accidents, absenteeism, substandard performance,poor
employee morale or damage to the Agency's reputation.All persons covered by this policy should
be aware that violations of the policy may result in discipline, up to and including termination,or
in not being hired.
In recognition of the public service responsibilities entrusted to the employees of the CITY and
that drug and alcohol usage can hinder a person's ability to perform duties safely and effectively,
the following policy against drug and alcohol abuse is hereby adopted by the CITY.
Policv: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
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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.
An employee reasonably believed to be under the influence of alcohol or drugs shall be prevented
from engaging in further work and shall be detained for a reasonable time until he or she can be
safely transported from the work site.
The CITY is committed to providing reasonable accommodation to those employees whose drug
or alcohol problem classifies them as disabled under federal and/or state law.
The CITY has established an Employee Assistance Program(EAP)to assist those employees who
voluntarily seek help for alcohol or drug problems.The CITY will provide separate written notice
of the availability of this program to all employees.Employees should contact their supervisors or
the EAP Counselor for additional information.
A� licp ation: This policy applies to all employees of and to all applicants for positions with the
CITY.This policy applies to alcohol and drugs, including all substances,drugs or medications,
whether legal or illegal,which could impair an employee's ability to effectively and safely
perform the functions of the job.
Employee Responsibilities-An employee must:
• Not report to work or be subject to duty while his or her ability to perform job duties is
impaired due to on or off duty alcohol or drug use;
� Not possess or use alcohol or impairing drugs, including illegal drugs and prescription
drugs without a prescription, during working hours or while subject to duty, on breaks,
during meal periods or at any time 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
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MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SARATOGA AND LTNION(2023-2027�
• 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;
• Verbal altercation;
� Unusual behavior;
• Possession of alcohol or drugs;
• Information obtained from a reliable person with personal knowledge.
Any manager or supervisor requesting an employee to submit to a drug and/or alcohol test
should document in writing the facts constituting reasonable suspicion that the employee in
question is intoxicated or under the influence.
Any manager or supervisor encountering an employee who refuses an order to submit to a
drug and/or alcohol analysis upon request shall remind the employee of the requirements and
disciplinary consequences of this Policy. Where there is reasonable suspicion that the
employee is then under the influence of alcohol or drugs,the manager or supervisor should
arrange for the employee to be safely transported home.
Managers and supervisors shall not physically search the person of employees,nor shall they
search the personal possessions of employees without the freely given written consent of,and
in the presence of,the employee.
Managers and supervisors shall notify their Department head or designee when they have
reasonable suspicion to believe that an employee may have illegal drugs in his or her
possession or in an area not jointly or fully controlled by the CITY.If the Department head or
designee concurs that there is a reasonable suspicion of illegal drug possession,the
Department head shall notify the appropriate law enforcement agency.
Physical Examination and Procedure: The drug and/or alcohol test may test for any substance
which could impair an employee's ability to perform effectively and safely the functions of his or
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MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SARATOGA AND LTNION(2023-2027�
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 Analvsis
Pre-Employment Physical
A positive result from a drug and/or alcohol analysis may result in the applicant not being hired
where the applicant's use of drugs and/or alcohol could affect requisite job standards,duties or
responsibilities.
If a drug screen is positive at the pre-employment physical,the applicant must provide,within 24
hours of the request,bona fide verification of a valid current prescription for the drug identified in
the drug screen. If the prescription is not in the applicant's name or the applicant does not provide
acceptable verification, or if the drug is one that is likely to impair the applicant's ability to
perform the job duties,the applicant may not be hired.
During Employment Physical or Alcohol/Drug Tests
A positive result from a drug and/or alcohol analysis may result in disciplinary action,up to and
including,termination.
If the drug screen is positive,the employee must provide,within 24 hours of the request,bona fide
verification of a valid current prescription for the drug identified in the drug screen. The
prescription must be in the employee's name. If the employee does not provide acceptable
verification of a valid prescription, or if the prescription is not in the employee's name,or if the
employee has not previously notified his or her supervisor of the same,the employee will be
subject to disciplinary action, up to and including termination.
If an alcohol drug test is positive for alcohol or drugs,the CITY shall conduct an investigation to
gather all facts. The decision to discipline,up to and including termination,will be carried out in
conformance with the CITY's discipline procedures,modified as follows:
1. In the event a regular, for-cause employee requests an evidentiary appeal to the City
Manager from a final notice of discipline(Section 6 of the Discipline Policy) for violating
the City's Drug and Alcohol Abuse Policy,the evidentiary appeal will be conducted by a
neutral,third party arbitrator who, after conducting the evidentiary hearing and hearing all
of the evidence (pursuant to the provisions of Section 6 of the Discipline Policy), will make
a nonbinding recommendation to the City Manager with respect to discipline. The
nonbinding recommendation will include: (a)the arbitrator's nonbinding recommendation
regarding discipline; and (b)the arbitrator's nonbinding-recommended-written findings of
fact in support of his or her recommendation for discipline. The nonbinding-recommended-
written findings of fact will include the factual basis for the recommendation for discipline,
including the testimony of the witnesses relied upon,the basis of any credibility
determinations of these and other witnesses, the documents and other evidence relied upon,
and nonbinding assessments on how the testimony, documents, and other evidence support
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the nonbinding recommendation of the arbitrator.
2. The City and the Union will agree on the neutral, third-party arbitrator who will conduct the
evidentiary hearing and make the above nonbinding recommendations,prior to the onset of
the evidentiary hearing. In the event an agreement on a third-party arbitrator cannot be
reached,then either party shall promptly obtain from the California State Conciliation
Services a list of seven impartial arbitrators from which the City and the Union shall select
the neutral,third party arbitrator by alternatively striking names from the list. The first party
to strike from the list shall be determined by coin toss.
3. The neutral,third-party arbitrator will submit his or her nonbinding recommendation for
discipline and nonbinding-recommended-written findings of fact to the City Manager with
a copy to the employee and the Union within 30 days after the evidentiary hearing has been
completed and written briefs, if any, have been submitted. The City Manager will have 30
days thereafter in which to review the nonbinding recommendations and findings,to
request clarification or additional testimony or evidence (at the City Manager's discretion)
on any issue, and to render a final statement of written findings and decision. The City
Manager's decision is final.
4. Proof of service of the City Manager's final statement of written findings and decision and
the statute of limitations on that final decision is in accordance with Subdivisions 6 and 7 of
Section 6 of the Discipline Policy.
Confidentialitv: Laboratory reports and test results shall not appear in an employee's general
personnel file. Information of this nature will be contained in a separate confidential medical
folder that will be securely kept under the control of the Human Resources Manager. The reports
or test results may be disclosed to CITY management on a strictly need-to-know basis and to the
tested employee upon request. Disclosures,without patient consent, may also occur when: (1)the
information is compelled by law or by judicial or administrative process; (2)the information has
been placed at issue in a formal dispute between the employer and employee; (3)the information
is to be used in administering an employee benefit plan; or(4)the information is needed by
medical personnel for the diagnosis or treatment of the patient who is unable to authorize
disclosure.
XVIII. DISCIPLINE POLICY
Unless otherwise specified by a memorandum of understanding,the following constitutes the
CITY's policy regarding disciplinary actions:
A. Policy Coverage: The following categories of persons can be terminated at-will and have no
rights to any of the pre- or post-disciplinary processes or procedures in this Policy: (1)
temporary employees, (2)provisional or seasonal employees, (3)probationary employees,
(4) any person who serves pursuant to a contract, and (5) any person who is designated"at-
will" in any CITY policy, document, acknowledgement, resolution or ordinance.
Notwithstanding any provision in this policy, any regular employee who is exempt from the
overtime provisions of the Fair Labor Standards Act(FLSA) is not subject to any
disciplinary penalty which is inconsistent with his or her FLSA overtime-exempt status.
B. Causes for Disci line: 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;
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MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SARATOGA AND LINION(2023-2027�
2. Absence without authorized leave;
3. Excessive absenteeism and/or tardiness as defined by the employee's department
director,these Policies, or MOU;
4. Use of disability leave in a manner not authorized or provided for pursuant to the
disability leave policy or other policies of the CITY;
5. Purposefully and knowingly making any false statement, omission or misrepresentation
of a material fact;
6. Providing wrong or misleading information or other fraud in securing appointment,
promotion or maintaining employment;
7. Unsatisfactory job performance;
8. Inefficiency;
9. Malfeasance or misconduct, which shall be deemed to include, but shall not be limited
to the following acts or omissions:
a. Conviction of a felony. "Conviction" shall be construed to be a determination of
guilt of the accused by a court, including a plea of guilty or nolo contender (no
contest), regardless of sentence, grant of probation, or otherwise.
b. Damaging CITY property, equipment, or vehicles, or wasting CITY supplies
through negligence or misconduct.
10. Insubordination;
11. Dishonesty;
12. Theft;
13. Disobedience;
14. Violation of the CITY's or a department's confidentiality policies, or disclosure of
confidential CITY information to any unauthorized person or entity;
15. Misuse of any CITY property, including, but not limited to:physical property, tools,
equipment, CITY communication systems, or Intellectual Property;
16. Mishandling of public funds;
17. Falsifying any CITY record;
18. Discourteous treatment of the public or other employees;
19. Failure to cooperate with employee's supervisors or fellow employees;
20. Violation of the CITY's Drug-Free Workplace Policy;
21. Violation of the CITY's Use of CITY Property and Equipment Policy;
22. Violation of the CITY's Policy Against Harassment, Discrimination and Retaliation;
23. Violation of the CITY's Workplace Security Policy;
24. 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
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MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SARATOGA AND LINION(2023-2027�
police) which may affect employment with the CITY;
28. Altering, falsifying, and tampering with time records, or recording time on another
employee's time record; or
29. Working overtime without prior authorization.
C. Administrative Disciplinary Leave: A department director may place an employee on an
administrative disciplinary leave with pay pending a potential disciplinary action.
Administrative disciplinary leave with pay is authorized: (1)when the department director
believes that the employee's continued presence at the work site could have detrimental
consequences for CITY operations; or(2)pending investigation into charges of misconduct.
If the charges against the employee are substantiated by the investigation, appropriate
disciplinary action may be taken in accordance with these procedures.
D. Types of Discipline
Counseling Memo:A counseling memo shall be retained in the employee's personnel file and
may not be appealed under this policy.
Oral Admonishment or Re�rimand: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 Re,primand: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 Pav: A department director may reduce an employee's pay for cause.A reduction
in pay for disciplinary purposes may take one of two forms: (1)a decrease in salary to a lower
step within the salary range; or(2)a decrease in salary paid to an employee for a fixed period
of time. Documents related to a reduction in pay shall become part of the employee's
personnel file.An employee subject to a reduction in pay shall be entitled to prior written
notice and appeal as provided herein.FLSA-exempt employees are not subject to reduction in
pay.
Dischar�e:A department director may discharge an employee from his or her position for
cause. Documents related to discharge shall become a part of an employee's personnel file.A
discharged employee is entitled to prior written notice and appeal based upon the terms
described herein.
E. Skelly Process—Pre-Disciplinary Procedure for Suspension,Demotion, Reduction in Pav
or Dischar�e: Only regular, for-cause employees have the right to the conference and
appeal processes outlined in this Section.
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MEMORANDUM OF UNDERSTANDING BETWEEN TrIE CITY OF SARATOGA AND LTNION(2023-2027�
Notice of Intent to Disci 1p ine: The employee will be provided a written notice of intent to
discipline, copied to the City Manager that contains the following:
1. The level of discipline intended to be imposed;
2. The specific charges upon which the intended discipline is based;
3. A summary of the misconduct upon which the charges are based;
4. A copy of all written materials, reports, or documents upon which the intended
discipline is based;
5. Notice of the employee's right to respond to the department director regarding the
charges within 5 calendar days from the date of the Notice, either by requesting an
informal conference, or by providing a written response, or both;
6. Notice of the employee's right to have a representative at the informal conference,
should he or she choose to respond orally; and
7. Notice that the failure to respond at the time specified shall constitute a waiver of the
right to respond prior to the imposition of discipline.
Emplovee's Response and the Skelly Conference
1. If the employee requests an informal conference to respond orally to the charge(s),the
conference must be scheduled at least 7 calendar days after the date of the Notice. The
conference will be an informal meeting with the department director, at which the
employee has an opportunity to rebut the charges against him or her and present any
mitigating circumstances. The department director will consider the employee's
presentation before recommending any final disciplinary action.
2. The employee's failure to make an oral response at the arranged conference time, or the
employee's failure to cause his or her written response to be delivered by the date and
time specified in the notice, constitutes a waiver of the employee's right to respond
prior to the imposition of the discipline. In that case, the proposed disciplinary action
will be imposed on the date specified.
Final Notice of Disci 1p ine:After considering the employee's response, or after the expiration
of the employee's time to respond to the Notice of Intent,the department director shall: (1)
dismiss the notice of intent and take no disciplinary action against the employee; or(2)modify
the intended disciplinary action,or(3)impose the intended disciplinary action. In any event,
the department director shall prepare and provide the employee with a notice,copied to the
City Manager that contains the following:
1. The level of discipline, if any, to be imposed and the effective date of the discipline;
2. The specific charges upon which the discipline is based;
3. A summary of the misconduct upon which the charges are based;
4. A copy of all written materials, reports, or documents upon which the discipline is
based; and
5. A statement of the nature of the employee's right to appeal.
F. Evidentiary Appeal to the Citv Mana er
Request for Ap,peal 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.
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Dele ation: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 A�ppeal Hearin�: The City Manager will set a date for an appeal hearing
within a reasonable time after receipt of a timely written answer and request for appeal.An
employee who,having filed a timely written answer and request for appeal,has been notified
of the time and place of the appeal hearing, and who fails to appear personally at the hearing,
may be deemed to have abandoned his or her appeal. In such a case,the City Manager may
dismiss the appeal.
Identification of Issues,Witnesses and Evidence:No later than 10 days prior to the appeal
hearing,each party will provide each other and the City Manager a statement of the issues to
be decided,a list of all witnesses to be called(except rebuttal witnesses), a brief summary of
the subject matter of the testimony of each witness,and a copy of all evidence(except rebuttal
evidence)to be submitted at the hearing. The CITY will use numbers to identify its evidence;
the employee shall use alphabet letters.Neither party will be permitted to call any witness
during the hearing that has not been identified pursuant to this section,nor use any e�ibit not
provided pursuant to this section,unless that party can show that they could not have
reasonably anticipated the need for the witness or e�ibit.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 Hearin�
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
pariy 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 testify unless the CITY agrees to a different arrangement.
Continuances: The City Manager may continue a scheduled hearing only upon good cause
shown.
Record of the Proceedings:All disciplinary hearings may, at the discretion of the parties,be
either recorded by a court reporter or tape recorded.
The Citv Manager's AuthoritX: During the Hearing the City Manager has the authority to
control the conduct of the hearing and to affirm,modify,or revoke the discipline.
Conduct of the Hearin�
1. The hearing need not be conducted in accordance with technical rules relating to
evidence and witnesses, but hearings shall be conducted in a manner the City Manager
decides is the most conducive to determining the truth.
2. Any relevant evidence may be admitted if it is the type of evidence upon which
responsible persons are accustomed to relying upon in the conduct of serious affairs,
regardless of the existence of any common law or statutory rules which might make
improper the admission of such evidence over objection in civil actions.
3. Hearsay evidence may be used for supplementing or explaining any direct evidence, but
over timely objection shall not be sufficient to support a finding, unless such evidence
would be admissible over objection in civil actions. An objection is timely if made
before submission of the case.
4. All privileges recognized in civil proceedings apply.
5. Irrelevant and unduly repetitious evidence may be excluded.
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MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SARATOGA AND LTNION(2023-2027�
6. The City Manager shall determine relevancy, weight and credibility of testimony and
evidence.
7. During the examination of a witness, all other witnesses, except the parties, shall be
excluded from the hearing upon the request of either party.
8. All witnesses shall be sworn in for the record prior to testifying at the hearing. The City
Manager or the court reporter shall request each witness to raise his or her right hand
and respond to the following: "Do you swear that the testimony that you are about to
give at this hearing is the truth, the whole truth, and nothing but the truth?"
Burden of Proof at the Hearin�: The CITY has the burden of proof by a preponderance of the
evidence.
Right to Due Process: The employee shall have the following due process rights during the
hearing:
1. The right to be represented by legal counsel or another chosen representative, at his or
her own expense;
2. The right to call and examine witnesses on his or her behalf;
3. The right to introduce evidence;
4. The right to cross-examine opposing witnesses on any matter relevant to the issues;
5. The right to impeach any witness regardless of which party first called him or her to
testify; and
6. The right to rebut evidence against him or her.
Hearin�to be Closed to the Public: The hearing will be closed to the public unless the
employee requests that it be open.
Presentation of the Case: The parties will address their remarks, evidence, and objections to
the City Manager.All parties and their counsel or representatives shall not disparage the
intelligence,morals,or ethics of their adversaries or of the City Manager. The City Manager
may terminate argument at any time and issue a ruling regarding an objection or any other
matter. The City Manager may alter the order of witnesses, limit redundant or irrelevant
testimony,or directly question the witness.The hearing shall proceed in the following order
unless the City Manager directs otherwise:
1. The CITY shall be permitted to make an opening statement.
2. The employee shall be permitted to make an opening statement.
3. The CITY shall produce its evidence.
4. The employee shall produce his or her evidence.
5. The CITY, followed by the employee, may offer rebuttal evidence.
6. Closing arguments of no more than 20 minutes shall be permitted at the discretion of
the City Manager. The CITY shall have the right to argue first,the employee may argue
second, and the CITY may reserve a portion of its argument time for rebuttal.
Written Briefs by the Parties:The City Manager or the parties may request the submission of
written briefs. The City Manager will determine whether to allow written briefs,the deadline
for submitting briefs, and the page limit for briefs.
Written Findin�s 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.
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MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SARATOGA AND LINION(2023-2027�
Proof of Service of the Written Findings and Decision: The City Manager shall send his or her
final statement of written findings and decision, along with a proof of service of mailing,to
each of the parties and to each of the parties' representatives.A copy shall also be distributed
to the Human Resources Manager.
Statute of Limitations:The City Manager's written findings and decision is final. There is no
process for reconsideration.Pursuant to Code of Civil Procedure Section 1094.6,the parties
have 90 days from the date of the proof of service of mailing of the written findings and
decision to appeal the decision to the Superior Court in and for the County of Santa Clara.
XIX. SCOPE OF AGREEMENT
This MOU represents the entire and complete understanding reached between the representatives
of the CITY and the representatives of the IJNION for the period designated and applies to all
positions represented by the IINION.
XX. RATIFICATION
This MOU is subject to ratification by a majority vote of the members of the LJNION. City
Council adoption of Resolution No.23-0_and ratification by the iJNION will put the terms of
this MOU into effect.
Representative of the Representatives of the
City of Saratoga: Carpenters 46 Northern California Counties
Conference Board on behalf of the Northern
California Carpenters Regional Council and Their
Affiliated Local Unions:
Board and Their Affiliated Local Unions
James Lindsay,City Manager Carlos Duran
Date: Date:
Roger Marshall
Date:
Sergio Serrano
Date:
28
Resolution 23-052
Page 30
City of Saratoga
Carpenters 46 Northern CA Counties Conference Board(UNION)Salary Schedule
Effective luly 1,2023 to June 30,2024
Carpenters`46 Northern CA Counties Conference Board (UNION) :
� Salary Schedule
. Effeetive Juf 1,2023 to:June 30,2024 -
Salary Steps
FLSA pay 'The seven-step range includes mulU-year steps 6 and 7.Advancement to steps 6 and 7 is after four(4)years of
POSITION TITLE $tdtUS BBSIS satisfactory service at Steps 5 and 6,respectively.
1 2 3 4 5 6* 7*
Maintenance Worker I,Parks or Streets Non-exempt Annual 67,974.40 71,364.80 74,942.40 78,686.40 82,617.60 86,756.80 91,083.20
Monthly 5,664.53 5,947.07 6,245.20 6,557.20 6,884.80 7,229.73 7,590.27
Hourly 32.68 34.31 36.03 37.83 39.72 41.71 43.79
Maintenance Worker II,Parks or Streets Non-exempt Annual 75,088.00 78,832.00 82,784.00 86,902.40 91,249.60 95,825.60 100,609.60
Monthly 6,257.33 6,569.33 6,898.67 7,241.87 7,604.13 7,985.47 8,384.13
Hourly 36.10 37.90 39.80 41.78 43.87 46.07 48.37
Maintenance Worker III,Parks or Streets Non-exempt Annual 82,596.80 86,736.00 91,062.40 95,596.80 100,380.80 105,414.40 110,697.60
Monthly 6,883.07 7,228.00 7,588.53 7,966.40 8,365.07 8,784.53 9,224.80
Hourly 39.71 41.70 43.78 45.96 48.26 50.68 53.22
Maintenance Lead Worker,Parks or Streets Non-exempt Annual 91,582.40 96,158.40 100,963.20 106,017.60 111,300.80 116,854.40 122,699.20
Monthly 7,631.87 8,013.20 8,413.60 8,834.80 9,275.07 9,737.87 10,224.93
Hourly 44.03 46.23 48.54 50.97 53.51 56.18 58.99
Memorandum of Understanding A[tachmen[
Resolution 23-052
Page 31
CITY OF SARATOGA
2023 PAID:HOLIDAYS `
HOLIDAY ACTUAL DAY ACTUAL DATE DAY OBSERVED DATE OBSERVED
New Year's Day Sunday lanuary 1,2023 Monday January 2,2023
MLK Birthday Monday January 16, 2023 Monday January 16,2023
President'S Ddy Monday February 20,2023 Monday February 20,2023
Memorial Day Monday May 29,2023 Monday May 29,2023
Independence Day Tuesday �uiy 4,zoz3 Tuesday July 4,zoz3
Labor Day Monday September 4,2023 Monday September 4, 2023
Columbus Day Monday October 9,2023 Monday October 9,2023
Veteran's Day Saturday November 11,2023 Thursday November 9,2023
Thanksgiving Day Thursday November 23,2023 Thursday November 23,Z023
Day after Thanksgiving Friday(OFF FRI) November 24,2023 Tuesday December 26,2023
Christmas Eve Sunday December 24,2023 Wednesday December 27,2023
Christmas Day Monday December 25,2023 Monday December 25,2023
New Year's Eve Sunday December 31,2023 Tuesday January 2,2024
'' `HOLIDAY FURLOUGH
DECEMBER 2023
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
17 18 19 20 21 22 23
Work Day Work Day Work Day Work Day Off Friday
DECEMBER 2023
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
24 25 26 27 28 29 30
Holiday-Moved Holiday-Moved
Holiday from from 12/24/2023 City Hall Closed City Hall Closed
11/24/2023(Off (Sunday) �9 Hours PTO) (9 Hours PTO)
Frida
December 2023 JANUARY 2024
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
31 1 2 3 4 5 6
Holiday-Moved
Holiday from 12/31/23 Return to Work Work Day Off Friday
(Sunday)
Resolution 23-052
Page 32
CITY OF SARATOGA
2024 PAID HOLIDAYS
HOLIDAY ACTUAL DAY ACTUAL DATE DAY OBSERVED DATE OBSERVED
New Year's Day Monday January 1,2024 Monday January l,2024
MLK Birthday Monday January 15,2024 Monday January 15, 2024
President�S Ddy Monday February 19,Z024 Monday February 19, 2024
Memorial Day Monday May 27,2024 Tuesday February 27,2024
Independence Day Thursday July 4,2024 Thursday July 4,2024
Labor Day Monday September 2,2024 Monday September 2,2024
Indigenous Peoples' Day Monday October 14,zoza Monday October 14,�oza
Veteran's Day Monday November 11,2024 Monday November 11,2024
Thanksgiving Day Thursday November 28,2024 Thursday November 28,2024
Day after Thanksgiving Friday November 29,2024 Friday November 29,2024
Christmas Eve Tuesday December 24,2024 Tuesday December 24,2024
Christmas Day Wednesday December 25,2024 Wednesday December 25,2024
New Year's Eve Tuesday December 31,2024 Tuesday December 31,2024
' HOLIDAY FURLOUGH
DECEMBER 2024
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
15 16 17 18 19 20 21
Work Day Work Day Work Day Work Day Off Friday
DECEMBER 2024
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
22 23 24 25 26 27 28
Work Day Holiday Holiday City Hall Closed City Hall Closed
(9 Hours PTO) (8 Hours PTO)
DECEMBER 2024 JANUARY 2025
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
29 30 31 1 2 3 4
City Hall Closed Holiday Holiday Return to Work Off Friday
(9 Hours PTO)
Resolution 23-052
Page 33
._. e ,._ ..
-
CITY OF SARATOGA
, „ �; - z
�� �._ ' tr.�..,��� � 2 D' �I YS '� §
HOLIDAY ACTUAL DAY ACTUAL DATE DAY OBSERVED DATE OBSERVED
New Year's Day Wednesday January 1,2025 Wednesday ]anuary 1,2025
MLK Birthday Monday January 20,2025 Monday January 20,2025
President's Day Monday February 17,2025 Monday February 17, 2025
Memorial Day Monday May 26,2025 Monday May 26,2025
Independence Day Friday(OFF) July 4,2025 Thursday )uly 3,2025
Labor Day Monday September 1,2025 Monday September 1,2025
Indigenous Peoples' Ddy Monday October 13,2025 Monday October 13,2025
Veteran's Day Tuesday November 11,2025 Tuesday November 11,2025
Thanksgiving Day Thursday November 27,2025 Thursday November 27,2025
Day after Thanksgiving Friday November 28,2025 Friday November 28,2025
Christmas Eve Wednesday December 24,2025 Wednesday December 24,2025
Christmas Day Thursday December 25,2025 Thursday December 25,2025
New Year's Eve Wednesday December 31,2025 Wednesday December 31,2025
� , .. _ .. _
't�.�i��+ - x t�. ,,�;�;,. � ...P , � ' ; �;" HO„LIDA LQUGF�
� '� ..� � _,.�_ •; �: :'.�� . , _ _ -,, ,. . .:
�DECEMBER 2025
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
14 15 16 17 18 19 20
Work Day Work Day Work Day Work Day Off Friday
DECEMBER 2025
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
21 22 23 24 25 26 27
Work Day Work Day Holiday Holiday City Hall Closed
(8 Hours PTO)
DECEMBER 2025 JANUARY 2025
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
28 29 30 31 1 2 3
City Hall Closed City Hall Closed
(9 Hours PTO) (9 Hours PTO) Holiday Holiday Off Friday
Resolution 23-052
Page 34
CITY OF SARATOGA
r > �
�` 2026;PAID;Ii,OLIDi4YS d F � j,x '
3 l t 7.�" i';:.
HOLIDAY ACTUAL DAY ACTUAL DATE DAY OBSERVED DATE OBSERVED
New Year's Day Thursday January 1,2026 Thursday January 1,2026
MLK Birthday Monday January 19,2026 Monday January 19,2026
President's Day Monday February 16,2026 Monday February 16,2026
Memorial Day Monday May 25,2026 Monday May 25,2026
Independence Day Saturday July 4,2026 Thursday July 2,2026
Labor Day Monday September 7,2026 Monday September 7, 2026
Indigenous Peoples' Day Monday October 12, zo26 Monday October 12,zoz6
Veteran's Day Wednesday November 11,2026 Wednesday November 11,2026
Thanksgiving Day Thursday November 26,2026 Thursday November 26,2026
Day after Thanksgiving Friday November 27,2026 Friday November 27,2026
Christmas Eve Thursday December 24,2026 Thursday December 24,2026
Christmas Day Friday December 25,2026 Friday December 25,2026
New Year's Eve Thursday December 31,2026 Thursday December 31,2026
, , ._
. � .. ..
_� �. . , �
: t - i;;;,.':-HOLIDAY;FURLOUGH . . .�. ;: ": ,
.,
DECEMBER 2026
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
20 21 22 23 24 25 26
Work Day Work Day Work Day Holiday Holiday
DECEMBER 2026 JANUARY 2027
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
27 28 29 30 31 1 2
Holiday- Off Friday
City Hall Closed City Hall Closed Holiday-Observed on
9 Hours PTO Moved from 1/1/27 Holiday
( ) (9 Hours PTO) (Off-Friday) 12/30/26
Wednesda
JANUARY 2027
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
3 4 5 6 7 8 9
Return to Work Work Day Work Day Work Day Work Day
Resolution 23-052
Page 35
CITY OF SARATOGA
2027 PAID HOLIDAYS
HOLIDAY ACTUAL DAY ACTUAL DATE DAY OBSERVED DATE OBSERVED
New Year'S Ddy Friday(OFF) January 1,2027 Wednesday December 30,2026
MLK Bil"thd8y Monday ]anuary 18,2027 Monday ]anuary 18,2027
President's Day Monday February 15,2027 Monday February 15, 2027
Memorial Day Monday May 31,2027 Monday May 31,2027
Independence Day Sunday �uiy 4,202� Monday �uiy s,zoz�
Labor Day Monday September 6,2027 Monday September 6,2027
Indigenous Peoples' Day Monday October il, zoz� Monday October il,zo2�
Veteran's Day Thursday November 11,2027 Thursday November 11,2027
ThankSgiVing Ddy Thursday November 25,2027 Thursday November 25,2027
Day after Thanksgiving Friday November 26,2027 Friday November 26,2027
Christmas Eve Friday December 24,2027 Friday December 24,2027
Christmas Day Saturday December 25,2027 Monday December 27,2027
New Year's Eve Friday(OFF) December 31,2027 Tuesday December 28,2027
HOLIDAY FURLOUGH
DECEMBER 2027
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
19 20 21 22 23 24 25
Work Day Work Day Work Day Work Day Holiday
DECEMBER 2027 JANUARY 2028
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
26 27 28 29 30 31 1
Holiday- Holiday- Off Friday
Moved from 12/Z5/27 Moved from 12/31/27 City Hall Closed Ciry Hall Closed Holiday-
(Saturday) (On-Friday) �9 Hours PTO) (9 Hours PTO) Moved to 12/28/27
Tuesda
JANUARY 2028
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
2 3 4 5 6 7 8
Holiday-
Moved from 1/i/28 Return to Work Work Day Work Day OfF Friday
(Saturday)