10-083 Memorandum of Understanding, Cupertino Employees Association, July 1, 2010-June 30, 2012 MEMORANDUM OF UNDERSTANDING
City of Cupertino
And
Cupertino City Employees' Association
July 1, 2010-- June 30, 2012
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Table of Contents
Category `section Page Number
No Discrimination 1 4
Salary Schedule 2 4
Out of Classification Pay 3 4
Bilingual Pay Differential 4 4
Hours of Work — Overtime 5 5
Facilities Closure 6 6
PERS Contribution 7 6
Insurance Coverage 8 6
Holidays 9 8
Temporary Disability Benefits 10 8
Vacation 11 9
Sick Leave 12 9
Sick Leave Verification 13 11
Bereavement Leave 14 12
Military Leave 15 12
Pregnancy Disability Leave 16 12
Adoption Leave 17 12
Catastrophic Leave 18 12
Absence Notification 19 13
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Table of Contents
Category Section Page Number
Training & Tuition Reimbursement 20 14
City Sponsored Recreation Programs 21 14
Due Process 22 14
Layoff Procedure 23 14
Reinstatement 24 15
Continuation of Benefits 25 15
Separability 26 15
Ratification 27 16
Extended Benefits 28 16
Term 29 17
Salary Schedule Attachment A 18
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF CUPERTINO
ANI)
CUPERTINO CITY EMPLOYEES' ASSOCIATION
This is a two (2) year agreement, entered into the 1st day of July 2010, 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, political affiliation, sexual preference,
disability, or for Association activity.
SECTION 2: SALARY SCHEDULE
Approximate monthly salary ranges as listed on Attachment A will apply for each
classification effective at the beginning of the pay period in which July 1 occurs. As reflected
in Attachment A, effective at the beginning of the pay period in which July 1, 2010 occurs, the
City agrees to pay a salary increase equal to 0.5% and effective July 1, 2011, a salary increase
equal to 1%.
SECTION 3: OUT -OF- CLASSIFICATION PAY
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 position, but not more
than the maximum step of the higher class, whichever is greater, for the number of hours so
assigned. In order to qualify for Out -Of- Classification pay, an employee shall work a
minimum of 8 hours per day in the temporary assignment.
SECTION 4: BILINGUAL PAY DIFFERENTIAL
An employee who uses bilingual skills as approved by his/her supervisor and who
passes the required language proficiency test(s) is eligible to receive a 7.5% bilingual pay
differential only for the work time during which the employee uses bilingual skills. For
payroll reporting purposes, the 7.5% bilingual pay differential will be recorded with a 15
minute minimum.
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SECTION 5: HOURS OF WORK: OVERTIME
5.1 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 some other place where the employee is
carrying out the duties of the City.
The normal work week shall be 40 hours in seven days with two consecutive days off.
Alternate Work Schedules (AWS) may be considered, including 9/80 and 4/10, but must be
approved in advance by the Department Head. The City reserves the right to re- evaluate such
approvals if the Alternate Work Schedule results in an undue burden to the City.
5.2 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 emp loyee shall be authorized in advance by the
department head or their designee. In the event of unforeseen circumstances, overtime shall be
approved after the work is completed.
5.3 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.
5.4 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 deduction 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.
5.5 Payment of Overtime
All approved overtime work performed by employees shall be paid at the rate of one
and one -half (1 1/2) times the normal rate of pay. Work performed on regularly scheduled
days off, City Holidays or during an employee's scheduled vacation shall be considered to be
overtime and paid accordingly.
5.6 Compensatory Time Off (CTO)
At the employee's 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.
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Employees, who have previously earned compensatory time, shall be allowed to schedule
compensatory time off at dates of the employee's selection provided that prior supervisory
approval has been obtained.
CTO time may be accrued for up to 80 hours per calendar year. Any CTO earned
exceeding 80 hours will be paid at the rate of time and one -half. An employee may carry over
the unused balance into the next calendar year. Any unused carryover balance will be
automatically paid out at the end of the calendar year.
An employee may exercise his/her option two times each calendar year to convert
any /or all accumulated compensatory time to cash.
5. Leave Accruals
An employee shall not accrue leave credits (vacation, sick leave) during a pay period if
off without pay for more than 40 hours during said pay period.
SECTION 6: FACILITIES CLOSURE
City facilities* will be closed from December 23, 2010 through December 31,
2010 and December 23, 2011 through January 2, 2012. Employees may use
vacation, CTO, floating holiday, administrative leave, or leave without pay for
work time missed during the closure week. With Supervisor and Department
Head prior approval, an employee may opt to work during the facility closure.
*The Sports Center and Blackberry Farm Golf Course may remain open on facilities
closure days staffed by part-time employees
SECTION 7: P.E.R.S. CONTRIBUTION
The City has contracted with Ca1PERS for a 2.7% @55 retirement formula. The City
agrees to pay the employee's contribution rate to the California Public Employees Retirement
System (Ca1PERS) not to exceed 6.0% of applicable salary and each employee agrees to pay
2.0% of applicable salary. The City agrees to pay the employer's contribution rate to the
Public Employees Retirement System.
SECTION 8: INSURANCE COVERAGE
8.1 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 $714.00 toward premium cost per
month during the term of this agreement.
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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. The City will no longer pay medical insurance cash
back (excess of the monthly premium less the cost of the medical coverage) for new
employees hired after July 1, 2005.
Effective July 1, 2010, employees that retire or resign from service with the City of
Cupertino and who are not eligible for retiree medical benefits can continue on the Cupertino
medical and dental plans provided that they pay the premiums in full.
The City reserves the right of selection and 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.
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 to become subject to taxation,
the contract will be re- opened to discuss the impact of such modifications.
8.2 Dental Insurance
City agrees to pay $77.26 per month for employees and their dependents.
8.3 Life Insurance
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.
8.4 Long Term Disability Insurance
The City shall provide Long Term Disability (LTD) insurance for employees. LTD
income protection coverage shall be up to $7,000 of covered monthly salary. Employees may
use sick leave and/or vacation leave to supplement lost salary during the 60 day elimination
period.
8.5 Vision Care Insurance
The City shall provide Vision Care Insurance for employees and their dependents at a
cost of 14.36 monthly.
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SECTION 9: HOLIDAYS
9.1 Fixed Holidays
The City shall provide the following fixed paid (8 Hour) holidays for eligible
employees covered by this agreement:
1. New Year's Day 7. Veteran's Day
2. Martin Luther King Day 8. Thanksgiving Day
3. President's Day 9. Day following Thanksgiving
4. Memorial Day 10. Christmas Eve
5. Independence Day 11. Christmas Day
6. Labor Day 12. New Year's Eve
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 following Monday shall be observed as the
non -work day.
Nothing contained herein shall preclude 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 assignments.
9.2 Floating Holidays
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 quarter of an hour.
Floating holiday leave shall be earned at a rate of .77 hours per pay period. Floating holiday
leave may be accumulated up to 40 hours. Floating holiday leave shall be taken at the
discretion of the employee subject to prior supervisory approval.
9.3 Holiday Pay
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 10: TEMPORARY DISABILITY BENEFITS
Any employee sustaining an injury arising 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
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job is entitled to receive temporary disability as prescribed by State law.
10.1 Use of Sick Leave to Supplement Temporary (not held) Disability Payments
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.
10.2 Use of Sick Leave for Industrial Injury Medical Appointments
An employee who is required to see a physician 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 regularly 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 11: 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 supervisory approval.
Benefited full -time employees accrue vacation in accordance with the following
schedule. Benefited employees who work less than a full -time work schedule accrue vacation
in accordance with the following schedule on a pro -rated basis.
Service Time Hrs of Accrual Per Pay Annual Accruals Maximum Accrual
Period
0 - 3 Years 3.08 80 Hours 160 Hours
4 - 9 Years 4.62 120 Hours 240 Hours
10 — 14 Years 5.24 136 Hours 272 Hours
15 — 19 Years 6.16 160 Hours 320 Hours
20 + Years 6.77 176 Hours 352 Hours
An employee may accrue no more vacation credit than twice the annual rate being
earned.
Upon termination of employment, unused vacation may not be used to extend the final
employment date beyond the annual accrual 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.
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4. All exchanges are irrevocable.
5. A maximum of 80 hours of accrued vacation may be converted for pay during a
calendar year.
SECTION 12: 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 a pro -rated amount of sick
leave based on their regular hours worked in relation to 40 hours.
Sick leave may be utilized due to the employee's personal illness, injury, maternity or
sickness or injury to the immediate family.
The City will be in compliance with State and Federal Family Leave laws. In addition
to the family members listed in the Kin Care Law (children, stepchildren, spouse /domestic
partner, parents, mother -in -law, father -in -law) the City agrees to expand those members to
include siblings, grandchildren and grandparents who because of illness cannot care for
themselves, and for medical emergencies. Employees shall, whenever possible, make
appointments for medical, dental and similar purposes during non -work hours. If this is not
possible, sick leave may be used for these purposes.
With proper notification, sick leave shall be taken in periods of no less than one -half
hour increments.
12.1 Sick Leave Conversion
Any employee who is retiring will have the option of applying any remaining sick
leave to service credit. If an employee is resigning, he /she will not have the option of
applying sick leave hours to service credit.
12.2 Sick leave is not vested under California statutory law.
12.3 Employees shall have the option of cashing out sick leave in accordance with
Section 12.4 and 12.5.
12.4 If upon retirement an employee has a minimum of 320 non - vested hours, payment
shall be made for up to eighty -five percent (85 °% %) of the value of the bank at the employee's
discretion.
12.5 If upon resignation an employee has a minimum of 320 non - vested hours,
payment shall be made for up to seventy percent (70 %) of the value of the bank at the
employee's discretion.
12.6 Represented employees will have the 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 more. The maximum allowable
exchange will be 96 hours of sick time for 48 hours of vacation leave per calendar year. The
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minimum exchange will be 8 hours sick leave fo:r 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 and may convert up
to an additional 32 hours on the basis of one hour of sick leave to 0.7 hour of vacation leave.
The conversion of sick leave in excess of 320 hours to vacation leave as described herein is
limited to no more than a total of 80 hours per calendar year.
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 the 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. If twelve (12) months have elapsed since approval of the exchange of sick leave
for vacation, and the employee has 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 exchange. This exchange will be allowed only for
previously converted sick time to vacation and will not be permitted for
regularly accrued vacation time.
c. If the employee's vacation accrual 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 ratio at the time the initial exchange was
implemented.
SECTION 13: SICK LEAVE VERIFICATION
A Department Head or supervisor may 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 is abusing sick leave or is using sick leave excessively, the
employee will be counseled that the continued use of sick leave may result in a requirement to
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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 14: BEREAVEMENT LEAVE
Employees shall be granted paid bereavement leave of 24 hours upon the 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. Additional bereavement leave of 16 hours will be granted for travel out of state or over
200 miles.
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 four (4) months leave of absence without pay for
temporary disability resulting from pregnancy, iniscarriage, 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.
An employee who plans to take a pregnancy 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 8 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 hours, and ask the applicant to
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submit further documentation from the treating physician, and to determine the
applicant's eligibility for catastrophic leave hours.
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 o f their available leave hours before he /she is
eligible.
d. The maximum amount is two months (LTD becomes available at this time).
e. Vacation hours and compensating time off (CTO) hours are the only leave of
absence credits which may be donated. 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 will be held whenever necessary to provide
for a minimum catastrophic leave bank balance which is the equivalent of 40
hours.
g. Active employees wishing to donate sick leave hours to the Catastrophic Leave
bank will need to convert sick Dave hours (maintaining a minimum of 320
hours after donation) to vacation leave hours.
h. Upon retirement or resignation, an employee can contribute up to 10 hours of
sick leave provided that the employee has a minimum of 320 hours of sick
leave, which has previously become vested.
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 leave hours will be converted to cash and deposited in a time -bank where it
will be available for distribution. Checks will be issued to the recipient with the regular
payroll, which will keep them in an active employment mode with the City. This procedure
prevents overpayments or corrections since it comes after the actual leave has been taken.
(Conversion allows for adjustments for different rates of pay.) No employee shall receive
payment for more than 100% of his or her regular pay.
An employee or their representative must complete a prescribed application form
together with supporting medical documentation to the Human 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 his/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 arranged with his/her
supervisor. In proper cases, exceptions will be made.
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Any unauthorized absence of an employee from duty shall be deemed to be an absence
without pay and will be grounds for disciplinary action 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 circumstances are found to have existed.
SECTION 20: TRAINING AND TUITION REIMBURSEMENT
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 Huinan Resources Division. The form provided
shall include the type of training, sponsoring organization or institution, meeting times and
costs.
Once a training program has been approved, 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 the City residents' fee structure and in preference to non - residents wishing to
enroll. Each calendar year, benefited employees are eligible to receive up to $400 in Rec
Bucks toward City of Cupertino recreation services in accordance with the City's Recreation
Buck Policies and a free employee only annual Cupertino Sports Center membership. Part-
time benefited employees will have the annual amount of Recreation Bucks prorated based on
number of hours worked.
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 such 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: LAYOFF PROCEDURE
The appointing authority may layoff employees for lack of funds, lack of work or for
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other similar and just cause. The appointing authority will identify the classification(s) subject
to layoff. All classifications and all departments citywide are subject to layoff considerations.
Employees in a classification(s) identified for layoff shall be laid off in reverse order
of seniority, based on the date of the appointment to the classification. If an employee
separates from City employment for a period of more than 30 days, the time off from City
employment shall be deducted from an employee's length of service for the purpose of
determining seniority.
Employees being laid off shall be entitled to placement in a lower classification;
provided (a) the employee was previously employed with regular status having completed the
probationary period in that lower classification and (b) the employee has more total seniority
with the City than an individual in the lower classification. Any employee being displaced by
an employee opting to be placed in a lower classification shall be entitled to placement in the
lower classification, subject to conditions (a) and (b) listed in this section.
The City will provide a 30 day notice to any employees identified for layoff and layoff
pay in the amount of $2,500 at the time of layoff. Such notice will include the employee's
rights to placement in a lower classification pursuant to this section. Medical, dental, vision,
and life insurance continue through the end of t:he month in which the layoff is effective. In
addition, the employee will be provided with an opportunity to elect to enroll in COBRA
medical, dental, and/or vision coverage at the time of layoff and at employee expense.
The names of the employees affected by layoff shall be placed on a 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 (10) business days to a written notice of such
opportunity for reinstatement shall cause that name to be removed from the recall list. Such
notice shall be sent by certified or registered mail to the address of the employee on file with
the City. The affected employees shall be responsible for updating the City of any change in
address during the time they are on the recall list.
SECTION 24: REINSTATEMENT
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 all purposes shall be considered as
though they had received an original appointment.
SECTION 25: CONTINUATION OF BENEFITS
All terms and conditions of employment 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
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competent jurisdiction or void as being in contravention of any law, rule or regulation of any
government agency having jurisdiction over the 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.
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
In the event that any other bargaining unit receives a larger total compensation package
than negotiated between the City and CEA, then the City agrees to reopen negotiations with
CEA with the goal of providing equity in overall compensation among employees. The
parties agree that compensation improvements granted to another bargaining unit after the
expiration date of this contract (06/30/2012) will not trigger any modification to this
agreement.
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SECTION 30: TERM
This agreement shall be effective commencing at 12:01 a.m., July 1, 2010 and ending
at 11:59 p.m. June 30, 2012.
CITY EMPLOYEES' ASS • CIATION CITY OF CUPERTINO
‹kt014
dt-
Rachelle Sander • David W. Knapp
'w c."\AA Ar-Jyred
Kimberly Frey arol Atwood
4 ,_ z _
Gary Kornahrens Laura Miyakawa
E101/1t4,
Beth Ebben David Woo
/1C40, Approved as to form:
Richard Winter
/
Date:
60
Carol Korade
City Attorney
Date: 1 9 1
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SECTION 2: SALARY SCHEDULE 2010/11 ATTACHMENT A
Classification Step 1 Step 2 Step 3 Step 4 Step 5
Account Clerk $4,486 $4,710 $4,946 $5,193 $5,453
Administrative Clerk $4,755 $4,992 $5,242 $5,504 $5,779
Assistant Civil Engineer $6,735 $7,071 $7,425 $7,797 $8,186
Assistant Planner $6,078 $6,382 $6,701 $7,036 $7,388
Associate Civil Engineer $7,259 $7,621 $8,002 $8,403 $8,822
Associate Planner $6,550 $6,878 $7,222 $7,583 $7,962
Building Inspector $6,943 $7,290 $7,655 $8,037 $8,439
Case Manager $4,863 $5,106 $5,361 $5,629 $5,911
Code Enforcement Officer $5,619 $5,900 $6,195 $6,505 $6,830
Engineering Technician $5,727 $6,014 $6,314 $6,630 $6,962
Environmental Programs Assistant $5,767 $6,056 $6,359 $6,677 $7,010
Facility Attendant $3,414 $3,585 $3,764 $3,952 $4,150
Media Coordinator $5,108 $5,364 $5,632 $5,914 $6,210
Office Assistant $3,799 $3,989 $4,188 $4,398 $4,617
Permit Technician $4,623 $4,854 $5,097 $5,352 $5,620
Plan Check Engineer $7,259 $7,621 $8,002 $8,403 $8,822
Pro Shop Attendant $3,248 $3,410 $3,581 $3,760 $3,948
Producer $5,002 $5,252 $5,515 $5,791 $6,080
Program Promotions Director $4,649 $4,882 $5,126 $5,382 $5,651
Public Works Inspector $6,943 $7,290 $7,655 $8,037 $8,439
Receptionist /Clerk $3,438 $3,610 $3,790 $3,980 $4,179
Recreation Assistant $2,447 $2,569 $2,698 $2,832 $2,974
Recreation Coordinator $4,649 $4,882 $5,126 $5,382 $5,651
Senior Building Inspector $7,419 $7,790 $8,179 $8,588 $9,018
Senior Code Enforcement Officer $5,900 $6,195 $6,505 $6,830 $7,171
Senior Engineering Technician $6,172 $6,481 $6,805 $7,145 $7,503
Senior Office Assistant $4,218 $4,429 $4,650 $4,883 $5,127
Senior Planner $7,024 $7,375 $7,744 $8,131 $8,538
Senior Traffic Technician $6,172 $6,481 $6,805 $7,145 $7,503
Special Programs Coordinator $4,189 $4,398 $4,618 $4,849 $5,092
Traffic Signal Technician $6,424 $6,745 $7,082 $7,436 $7,808
Traffic Technician $5,727 $6,014 $6,314 $6,630 $6,962
18
RESOLUTION NO. 10 -125
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
CUPERTINO AND THE CITY EMPLOYEES' 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 recognized 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 Council for approval.
NOW, THEREFORE, BE IT RESOLVED 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 20 day of July 2010 by the following vote:
VOTE MEMBERS OF THE CITY COUNCIL
AYES: Wang, Chang, Mahoney, Santoro
NOES: None
ABSENT: Wong
ABSTAIN: None
ATTEST: APPROVED:
r /
City Clerk / j1 a .r, City of Cupertino