02-050 MOU CEA (unsigned)RESOLUTIIJN N0.02-108
A RESOLUTION OF THE CITY COUI`dCIL OF THE CITY OF CUPERTINO
AMENDING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
CUPERTINO AND THE CITY F;MPLOYEES' ASSOCIATION
WHEREAS, meetings have been held over proposals concerning wages, hours,
and other terms and conditions of employment between representatives of the City and of
the City Employees' Association, the recogni::ed representative of the Miscellaneous
Employees Unit; and
WHEREAS, the agreement mutually obtained through these meetings has been
recorded in a Memorandum of Understanding to be signed by both parties, which
memorandum has been submitted to the City I~ouncil for approval.
NOW, THEREFORE, BE IT RESOLVEL- that the City Council of the City of
Cupertino does hereby adopt the attached Memorandum of Understanding between the
City of Cupertino and the City Employees' Association.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 17~' day of June 2002 by the following vote:
VOTE MEMBERS OF THE CITY COUNCIL
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
~~PPROVED:
I~~Iayor, City of Cupertino
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MEMORANDUM OF UNDERSTANDING
Cupertino City Employees' Association
and
City of Cupertino
July 1, 2002 -June 30, 2003
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Table of Contents
No Discrimination 1 1
Salary Schedule 2 1
Out of Class Wage Pay 3 3
Hours of Work -Overtime 4.1 - 4.7 3
PERS Contribution 5 5
Insurance Coverage 6.1 - 6.5 5
Holidays 7.1 - 7.3 6
Temporary Disability Benefits 8.1 - 8.2 7
Vacation 9 7
Sick Leave 10.1 - 10.6 8
Sick Leave Verification 11 10
Family Leave 12 10
Personal Leave 13 10
Bereavement Leave 14 10
Military Leave 15 10
Pregnancy Disability Leave 16 10
Adoption Leave 17 11
Catastrophic Leave 18 11
Absence Notification 19 12
Training & Tuition Reimbursement 20 12
City Sponsored Recreation Programs 21 12
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Due Process 22 13
Layoffs 23 13
Reinstatement 24 13
Continuation of Benefits 25 13
Separability 26 13
Ratification 27 14
Extended Benefits 28 14
Term 29 14
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF CLJPERTINO
AND
CUPERTINO CITY EMPLOYEES' ASSOCIATION
This agreement, entered into the 1st day of July 2002, between the City of Cupertino,
hereinafter referred to as "City", and representatives of the Cupertino City Employees'
Association, hereinafter referred to as "Association", pursuant to California Government Code
3500 et seq., and the City Employer -Employee Relations Policy (Cupertino Municipal Code
2.52.280 et seq.). The Association is the recognized sole and exclusive representative. This
agreement represents the full and integrated agreement reached between the parties.
SECTION 1: NO DISCRIMINATION
City and Association agree they shall not discriminate in any way on account of race,
color, creed, religion, sex, age, national origin, p~~litical affiliation, sexual preference, disability,
or for Association activity.
SECTION 2: SALARY SCHEDULE
a. The following approximate monthly salary ranges will apply for each classification
effective at the beginning of the pay period in which July 1, 2002 occurs.
Classification
Account Clerk
Administrative Clerk
Assistant Civil Engineer
Associate Planner
Building Inspector
Code Enforcement Officer
Engineering Technician
Environmental Programs Asst.
Facility Attendant
Office Assistant
Assistant Planner
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Approximate Monthly Salary Range
$3582 - $4354
$3797 - $4615
$5379 - $6537
$5231 - $6358
$5544 - $6740
$4487 - $5454
$4574 - $5560
$4605 - $5599
$2727 - $3314
$3034 - $3687
$4854 - $5900
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Senior Planner $5609 - $6818
Pro Shop Attendant $2593 - $3153
Producer $3994 - $4855
Program/Promotions Director $3636 - $4420
Public Works Inspector $5544 - $6740
Receptionist/Clerk $2746 - $3337
Recreation Assistant $1954 - $2375
Recreation Coordinator $3636 - $4420
Senior Building Inspector $5924 - $7202
Senior Engineering Technician $4929 - $5991
Senior Traffic Technician $4929 - $5991
Special Program Coordinator $3345- $4066
Traffic Signal Technician $5130 - $6235
Traffic Technician $4574 - $5560
b. The City will perform a compensation (salary and retirement only) survey in 2003 with
adjustments, if any, effective July 1, 2003. The following Santa Clara County cities will
be used in the total compensation survey.
Campbell Los Gatos Mt. View Santa Clara
Gilroy Milpitas Palo Alto Saratoga
Los Altos Morgan Hill San Jose Sunnyvale
c. Comparable classifications must be fou~id in at least six (6) cities for a benchmark
classification to be considered.
d. The City of Cupertino will place in th~~ top four cities in compensation (salary &
retirement) for each benchmark classification.
e. Any compensation adjustment for a ben~~hmark classification to place in the top four
cities will also be provided to classificatio~~s related to the benchmark as set forth below.
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Office Assistant
Administrative Clerk
Receptionist Clerk
Rnildin~ inspector
Public Works Inspector
Sr. Building Inspector
C'.od . F,nfor ..m .n (~ffi ..r
(Alternate -Building Inspector)
Facili Attendant
(Alternate -Office Assistant)
F,ngin ..ring Technician
Sr. Engineering Technician
Sr. Traffic Engineer
Traffic Technician
F,nvironmental Programs Assistant
(Alternate -Engineering Technician)
SECTION 3: OUT-OF-CLASSIFICATION PAY
Associate Planner
Assistant Planner
Senior Planner
Program/Promotions Director
(Alternate -Associate Planner)
Recreation ~t~ervisor*
Recreation Coordinator
Special Program Coordinator
Traffic Signal Technician
(Alternate -Eng. Technician)
*Not in representation unit
Temporary assignment, approved in advance by the department head, to a classification in
a higher pay grade shall be compensated at the Step 1 rate of the higher classification, or at a rate
five percent greater than that of the regular positi~~n, but not more than the maximum step of the
higher class, whichever is greater, for the number of hours so assigned.
SECTION 4: HOURS OF WORK: OVERTIME
4.1 Hours of Work Defined
Hours worked shall include all time not under the control of the employee whether such
hours are worked in the City's work place, or in s~~me other place where the employee is carrying
out the duties of the City.
The normal work week shall be 40 hours i~l seven days.
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4.2 (overtime
Overtime shall be defined as any work in excess of 40 hours in a seven day work period.
Holidays and paid time off shall count toward the accumulation of the work week.
Overtime work for the City by an employee shall be authorized in advance by the
department head or their designee. In the event ~~f unforeseen circumstances, overtime shall be
approved after the work is completed.
4.3 Schedules
It will be a management responsibility to schedule the hours of work for each employee
covered by this agreement. Except in unforeseen circumstances, changes in employee's hours of
work will be made after ten days prior notice.
4.4 Rest Periods
Each employee shall be granted a rest period of fifteen minutes during each work period
of more than three hours duration. No wage dedu<;tion shall be made nor time off charged against
employees taking authorized rest periods, nor shall any rights or overtime be accrued for rest
periods not taken.
4.5 Payment of Overtime
All approved overtime work performed b~~ employees shall be paid at the rate of one and
one-half (1 1/2) times the normal rate of pay. W~~rk performed on regularly scheduled days off,
City Holidays or during an employee's scheduled vacation shall be considered to be overtime and
paid accordingly.
4.6 C~mnernsate ;Time Off
At the employees discretion, compensatory time off may be granted for overtime worked
at the rate of time and one-half for each hour worked in lieu of compensation in cash. Employees
who have previously earned compensatory time, ;hall be allowed to schedule compensatory time
off at dates of the employee's selection provide: 1) that prior supervisory approval has been
obtained, and 2) the request is made in writing.
Compensatory time may be accrued up to 80 hours. Any compensatory time earned
exceeding 80 hours will be paid in cash at the rate of time and one-half.
An employee may exercise his/her option one time each calendar year to convert any/or
all accumulated compensatory time to cash.
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4.7 T,eave Accn~al~
An employee shall not accrue leave credits (vacation, sick leave) during a pay period if
off without pay for more than 40 hours during sai~3 pay period.
SECTION 5: P.E.R.S. CONTRIBUTION
The City agrees to pay the employee's contribution rate to the Public Employees
Retirement System not to exceed 7.0% of applicable salary.
SECTION 6: INSURANCE COVERAGE
6.1 Health -Medical Insurance
City agrees to pay an amount as set forth hereinfor medical coverage for employee and
dependents through the Meyers-Geddes State Employees Medical and Hospital Care Act. For
each participating employee, the City shall contribute toward premium cost the following amount
per month during the term of this agreement:
July 1, 2002 - $682.00
Required contribution amounts exceeding; the premium contribution of the City are the
responsibility of the employee. In instances where; the premium for the insurance plan selected is
less than the City's maximum premium contribution, the difference will be added to the
employee's bi-weekly compensation during the first two pay periods of each month.
The City reserves the right of selection anti administration as to deferred compensation
plan(s).
If during the term of this agreement, modifications are made to the Federal tax Code
which would result in any of the medical insurance provided be subject to taxation, the contract
will be re-opened for the purposes of adjusting the salary and medical benefits so long as it does
not result in an increase or decrease in the total compensation.
6.2 Dental Insurance
City agrees to pay $74.47 per month for employees and their dependents.
6.3 T.if Tnsnr n . .
City shall provide life insurance and accidental death and dismemberment coverage for
each employee in the amount of two and one half times annual salary to a maximum benefit of
$250,000. Employees may be eligible to purchase additional life insurance subject to the
provisions of the insurance policy.
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6.4 T,~ng Term nisahilit~ Tnsnrance
The City shall provide Long Term Disability (LTD) insurance for employees. LTD
income protection coverage shall be up to $7,OOOi of covered monthly salary. Employees may us
sick leave and/or vacation leave to supplement lo:~t salary during the 60 day elimination period.
6.5 Visicn Care Tn~urance
The City shall provide Vision Care Insuraaice for employees and their dependents at a
cost of $13.34 monthly.
SECTION 7: HOLIDAYS
7.1 Fixed Hnlidavs
The City shall provide the following fixed paid (8 Hour) holidays for eligible employees
covered by this agreement:
1. New Year's Day
2. Washington's Birthday
3. Memorial Day
4. Independence Day
5. Labor Day
6. Veteran's Day
7. Thanksgiving Day
8. Day following Thanksgiving
9. Christmas Eve
10. Christmas Day
11. New Year's Eve
12. Martin Luther King Day
When a holiday falls on a Saturday, the preceding Friday shall be observed as the non-
work day. When a holiday falls on a Sunday, the ollowing Monday shall be observed as the non-
work day.
Nothing contained herein shall precludf; the right of the department head with the
approval of the Appointing Authority to reschedule work assignments or hours of work to meet
emergency situations and other administrative necessities caused by the observance of a holiday
or non-work day or period; provided, however, that all such affected employees are duly
compensated for said rescheduled work assignme~its.
7.2 Flc ing Hclida
In addition to the foregoing paid holidays, eligible employees shall earn 20 hours of
holiday leave per year that may be used in increments of no less than one hour. Holiday leave
shall be taken at the discretion of the employee subject to prior supervisory approval.
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7.3 Hcliday PaT
In order for an employee to receive his/her regular pay for a holiday or designated non-
work day, work must be performed on the regular scheduled day before and the regular scheduled
day after the holiday or designated non-work day. Employees on vacation, injury leave, approved
short term leave of absence, with or without pay, or who submit satisfactory evidence of personal
illness shall be considered as working their regular schedule for pay purposes.
SECTION 8: TEMPORARY DISABILITY BENI?FITS
Any employee sustaining an injury arisin;; out of or in the course of the performance of
his/her job and who cannot work at the duties and responsibilities normally assigned to that job is
entitled to receive temporary disability as prescribed by State law.
8.1 T Jse of Sick T,e ve to ~ implement Temnnra not held T)is hili Paym n s
Any employee entitled to receive temporary disability payments may elect to supplement
such payments with an amount not to exceed that which is the employee's weekly earnings or
weekly earning capacity by use of sick leave payments to the extent that such sick leave has been
accrued to the employee's account.
8.2 i Jse cf Sick T,eave fcr Industrial Tn~~ Medical Apncintments
An employee who is required to see a I-hysician regarding the injury during regularly
scheduled work hours may use sick leave credits for appointment(s). If the medical appointment
is scheduled during the last hour of the regularl~~ scheduled work day an employee will not be
required to use sick leave credits for said appointment. The last hour provision shall be limited to
one time during any Monday through Friday work period.
SECTION 9: VACATION
All employees, other than those holding temporary status, whose work assignment is of a
recurring nature of not less than a normal work week shall accrue vacation credit. Accrued
vacation credits may be taken with prior supervisc-ry approval.
Benefited full-time employee's accrue vacation in accordance with the following schedule.
Benefited employees who work less than afull-time work schedule accrue vacation in
accordance with the following schedule on apro-rated basis.
Service Time Hr
0 - 3 Years s ~f Accrual Per Pav
Period
3.08
4 - 9 Years 4.62
10 - 14 Years 5.24
15 -19 Years 6.16
20 + Years 6.77
Q,nnual Accruals
80 Hours
120 Hours
136 Hours
160 Hours
176 Hours
160 Hours
240 Hours
272 Hours
320 Hours
352 Hours
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An employee may accrue no more vacatio~i credit than twice the annual rate being earned.
Upon termination of employment, unusE;d vacation may not be used to extend final
employment date beyond the annual rate being earned.
Represented employees may convert, up to two times per calendar year, unused vacation
time for payment subject to the following conditions:
1. The employee must have a minimum of 120 hours of accrued vacation
immediately prior to a conversion.
2. Any payment for accrued vacation hours will be subject to taxes as determined by
law.
3. Minimum exchange will be one day, maximum exchange will be ten days. All
exchanges are irrevocable.
4. A maximum of 80 hours of accrued vacation may be converted for pay during a
calendar year.
SECTION 10: SICK LEAVE
All full time employees, other than those holding temporary status, shall earn eight (8)
hours per month sick leave time without limit on accumulation. Those regular employees
working less than full time (at least 20 hours per week) shall earn in one month the number of
hours of sick leave they would normally work in one day or the equivalent without limit on
accumulation.
Sick leave may be utilized due to the employee's personal illness, injury, maternity or
sickness or injury to the immediate family.
Immediate family is defined as spouse and children. Employees shall, whenever possible,
make appointments for medical, dental and similar purposes on non-work hours. If this is not
possible, sick leave may be used for these purposes.
With proper notice and approval of the supervisor, sick leave shall be taken in periods of
no less than one-half hour increments.
10.1 Sick T,eave r;cnver~icn
10.2 Sick leave is not vested under California statutory law.
10.3 At the time of termination, the value ~~f non-vested hours is converted to an incentive
compensation bank equal to the employee's base Hourly rate at the time of termination.
10.4 If upon retirement an employee has a minimum of 320 non-vested hours, payment
shall be made for eighty-five percent (85%) of the value of the incentive compensation bank.
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10.5 If upon resignation an employee has a minimum of 320 non-vested hours, payment
shall be made for seventy percent (70%) of the value of the incentive compensation bank.
10.6 Represented employees will have th~~ option, subject to approval of the department
head, of converting sick leave to vacation leave on a two-to-one basis only if the employee's
remaining sick leave balance is 40 hours or mere. The maximum allowable exchange will be
96 hours of sick time for 48 hours of vacation leave per calendar year. The minimum exchange
will be 8 hours sick leave for 4 hours of vacation.
An employee may convert sick leave in excess of 320 hours to vacation leave on a one-to-
one basis with a maximum of 48 hours and a minimum of 4 hours.
As a condition of converting sick leave to vacation, all employees will be required to use
at least one-half of the vacation accrued during thy: previous twelve months.
Such conversion, either to exchange sick leave for vacation or vice versa shall be subject
to the following conditions:
a. All requests to exchange sick leave; for vacation time shall be submitted in writing
to the department head at least fourteen (14) calendar days in advance of intended
vacation utilization.
b. The granting of such exchange anti subsequent use will be at the discretion of the
department head.
c. If twelve (12) months have elapsed since approval of the exchange of sick leave
for vacation, and the employee his not been permitted the use of the converted
vacation time, (after submitting at least one written request for utilization) the
employee will have the right to re-convert the vacation time to sick leave in
reverse ratio to the original excha~ige. This exchange will be allowed previously
converted only for previously converted sick time to vacation and will not be
permitted for regularly accrued vacation time.
d. If an employee, after converting sick leave to vacation time, exhausts all of his/her
remaining sick leave due to injury or illness, he/she may make a written request to
the department head to re-convert vacation time to sick leave on a reverse ratio
basis. Approval will be subject to an assessment by the department head.
e. If the employee's vacation accncal exceeds the maximum allowable accrual,
he/she will have the option to re-convert vacation time back to sick leave on a
reverse ratio basis. Such re-conversion shall be limited to previously converted
sick leave/vacation and may not exceed the amount necessary to reduce the
accrued vacation to the maximum allowable. Regularly accrued vacation time will
not be eligible for this re-conversion to sick leave and any regularly accrued
vacation time accrued in excess of the maximum allowable will be disallowed and
not subject to utilization by the employee.
NOTE: As used in this document, "reverse; ratio" is intended to mean that the ratio of sick
leave to vacation will revert to the original ration at the time the initial exchange was
implemented.
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SECTION 11: SICK LEAVE VERIFICATIO]v
A Department Head or supervisor m;~y at their discretion require employees to
furnish reasonable acceptable evidence, including a doctor's certificate, to substantiate a
request for sick leave if the sick leave exceeds three (3) consecutive workdays. A supervisor
may also require a doctor's certificate or other form of verification where leave abuse is
suspected. If it appears that an employee i~~ abusing sick leave or is using sick leave
excessively, the employee will be counseled th;it the continued use of sick leave may result
in a requirement to furnish a medical certificate for each such subsequent absence for sick
leave regardless of duration. Continued abuse of leave or excessive use of sick leave may
constitute grounds for discipline up to and including dismissal.
SECTION 12: FAMILY LEAVE
The City of Cupertino will be in complian~~e with State and Federal Family Leave laws.
SECTION 13: PERSONAL LEAVE
The City shall allow accumulated sick leave credits to be used for medical appointments,
to care for children or members of the immediatE; family who because of illness cannot care for
themselves, and for medical emergencies.
SECTION 14: BEREAVEMENT LEAVE
Employees shall be granted paid bereavement leave not to exceed three (3) work days
upon the occasion of death of a close relative. Close relatives are defined as mother, father, sister,
brother, wife, husband, domestic partner, child, step-child, grandparent, grandchildren, mother-
in-law and father-in-law.
SECTION 15: MILITARY LEAVE
Military leave shall be granted in accordance with the provision of State law. All
employees entitled to military leave shall give their supervisor an opportunity within the limits of
military requirements, to determine when such leave shall be taken.
SECTION 16: PREGNANCY DISABILITY LEAVE
A pregnant employee is entitled up to foixr (4) months leave of absence without pay for
temporary disability resulting from pregnancy, miscarriage, childbirth or recovery therefrom.
Employees shall take unpaid leave of absence during such leave except that accrued vacation pay
and sick leave may be taken at the option of the employee.
As with all other temporary disabilities, a physician's certificate is required to verify the
extent and duration of the temporary disability.
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An employee who plans to take a prel;nancy leave must give reasonable notice (if
possible, not less than four (4) weeks) before the date she expects to take the leave and the
estimated duration of the leave. The City will continue to provide health and welfare benefits
consistent with the provisions of Section 6 of this agreement until the employee is released by her
physician to return to work or for sixty (60) days, whichever comes first.
SECTION 17: ADOPTION LEAVE
Upon request, a leave of absence without pay for up to four (4) weeks will be granted to
adoptive parents. Accrued vacation pay and sick leave may be taken at the option of the
employee during this leave time. The City will pay health and welfare benefits at the same rate as
prior to the leave.
SECTION 18: CATASTROPHIC LEAVE
a. The City's Catastrophic Leave Committee will evaluate each individual case
when it is submitted to qualify to receive funds. The only limitation is that the
employee must be the one facing; the illness. The committee has the right to
establish standards for the granting of leave, and ask the applicant to submit
further documentation from their physician, and to determine the applicant's
eligibility for catastrophic leave.
b. All benefited employees who have; passed initial probation with the City will be
eligible to receive assistance. An employee does not have to be a contributor to be
eligible.
c. A recipient must have used all c~f their available leave hours before he/she is
eligible.
d. The minimum time an employee could receive funds would be one week. The
maximum amount is two months (I~TD becomes available at this time).
e. Vacation hours and compensating; time off (CTO) hours are the only leave of
absence credits which may be do~lated. An employee may not donate leave of
absence credits which would reduce his/her total accrued leave balances to less
than 120 hours. Leave credits may be donated in any pay period. All leave
donations are irrevocable.
f. A leave of absence transfer drive v~~ill be held whenever necessary to provide for a
minimum catastrophic leave bank balance which is the equivalent of 40 hours.
Transfers may be in increments ~of one hour or more. All donations will be
confidential. There will be no selling or coercion of employees to donate.
Donated vacation leave hours will be converted to cash and deposited in a time-bank
where it will be available for distribution. Interest accruing from the bank shall be credited to the
time-bank. Checks will be issued to the recipient with the regular payroll, which will keep them
in an active employment mode with the Cite. This procedure prevents overpayments or
corrections since it comes after the actual le~~ve has been taken. (Conversion allows for
adjustments for different rates of pay.) No employee shall receive payment for more than 100%
of their regular pay.
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An employee or their representative must ~~omplete a prescribed application form together
with supporting medical documentation to the 1-Iuman Resources Division when applying for
funds.
SECTION 19: ABSENCE NOTIFICATION
An employee is expected not to be absent from work for any reason other than personal
illness without making prior arrangements with hiis/her supervisor. Unless prior arrangements are
made, an employee who, for any reason, fails to report for work must make a sincere effort to
immediately notify his/her supervisor of his/her reason for being absent. If the absence, whether
for personal illness or otherwise, is to continue beyond the first day, the employee must notify the
supervisor on a daily basis unless otherwise arr~mged with his/her supervisor. In proper cases,
exceptions will be made.
Any unauthorized absence of an employee from duty shall be deemed to be an absence
without pay and will grounds for disciplinary Diction up to and including dismissal by the
department head. In the absence of such disciplinary action any employee who absents
himself/herself for three days or more without authorized leave shall be deemed to have resigned.
Such absence may be covered, however, by the department head by a following grant of leave
with or without pay when extenuating circumstan~;es are found to have existed.
SECTION 20: TRAINING AND TUITION REIN[BURSEMENT
It is the intent of the City to recognize the value of training to its employees; and to adopt
a training policy which will encourage employees to avail themselves of job related educational
opportunities that will advance their knowledge and interests in the direction of their career with
the City; and by doing so to improve the Municipal Service. Employees who wish to seek
reimbursement from the City for job related training program costs shall provide a written
request for reimbursement to the Human Resources Division. The form provided shall include
the type of training, sponsoring organization or in,~titution, meeting times and costs.
Once a training program has been approvf:d, any employee covered would be eligible for
reimbursement for job related training. However.. no employee shall receive any reimbursement
until they have provided satisfactory proof of successful completion of the training program.
SECTION 21: CITY SPONSORED RECREATION PROGRAMS
City employees shall have the privilege; of enrollment in City sponsored recreation
programs at City residents' fee structure and in preference to non-residents wishing to enroll.
Each calendar year, benefited employees are eligible to receive up to $500 toward City of
Cupertino recreation services in accordance with the City's Recreation Buck Policies.
Part-time benefited employees will have the annual amount prorated based on number of
hours worked.
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SECTION 22: DUE PROCESS
In each and every instance involving the issuance of warning notices, suspensions or the
dismissal or discharge of an employee, such will not be effectuated without the employee first
having been given, in writing the basis for su~~h action being taken and the opportunity to
question the reasons therefore of his/her supervisor or department head. Said opportunity shall be
as soon as is practical after having been served the written notice and shall not constitute any
limitation otherwise available through the grievance or appeal procedures. Any written warning
in an employee's file will be removed from the file after three years.
SECTION 23: LAYOFFS
Layoffs of employees may be made by the Appointing Authority for lack of funds, lack of
work or for other similar and just cause. The order of layoff shall be that which, in the opinion of
the Appointing Authority, will cause the lease disruption of service to the City.
Unless otherwise prevented from doing so as a result of conditions or situations beyond the
City's control, the City will provide a minimum of thirty (30) days notice to any employee
subject to being laid off pursuant to the Rule on layoffs.
SECTION 24: REINSTATEMENT
The names of employees affected by layoff shall be placed on recall list for a period of
two years in the reverse order of layoff and shall have the first opportunity for reinstatement.
Failure to respond within ten days to a written notice of such opportunity shall cause that name to
be removed from the recall list.
With the approval of the Appointing Authority, a regular or probationary employee who
has resigned with a good record may be reinstated within twenty-four months of the effective
date of resignation to a vacant position in the same or comparable class he/she previously
occupied. Upon reinstatement, the employee for gill purposes, shall be considered as though they
had received an original appointment.
SECTION 25: CONTINUATION OF BENEFITS
All terms and conditions of employmf;nt not otherwise contained herein shall be
maintained at the standards in effect at the time of execution.
SECTION 26: SEPARABILITY
In the event any provision of this agreement is finally held to be illegal by a court of
competent jurisdiction or void as being in contravention of any law, rule or regulation of any
government agency having jurisdiction over thf; subject set forth, then the remainder of the
agreement shall continue in full force and effect unless the parts so found to be void are held
inseparable from the remaining portion of the agreement.
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SECTION 27: RATIFICATION
Nothing contained in this memorandum shall be binding upon either the City or the
Association until it has been ratified by the ,Association's membership and presented and
approved by the City Council of the City.
SECTION 28: EXTENDED BENEFITS
It is understood and agreed that any more favorable total compensation package agreed to
by the City with any other bargaining unit of employees during the life of this agreement will be
extended to the Cupertino Employee's Asso~~iation. The more favorable terms will be
incorporated into this agreement.
SECTION 29: TERM
This agreement shall be effective commencing at 12:01 a.m., July 1, 2002 and ending at
11:59 p.m. June 30, 2003.
CITY EMPLOYEES' ASSOCIATION
Diane E. Arrants
Colin C. Jung
Gary J. Kornahrens
Susan J. MacGowan
Chylene L. Osborne
Kimberly D. Frey
Date:
Reviewed by City Attorney
Charles T. Kilian
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CITY OF CUPERTINO
David W. Knapp
Carol A. Atwood
Carol T. Ferrell
Sandy Abe
Date:
Date:
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