13. Terms of employment
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3213
FAX: (408) 777-3109
CITY OF
CUPEIUINO
Human Resources
SUMMARY
Agenda Item No. 13
Meeting Date: April 17, 2007
SUBJECT AND ISSUE
Approve the July 1,2007 through June 30, 2010 terms and conditions of employment for
the Cupertino City Employees' Association (CEA), Operating Engineers Local Union
No.3 (OE3) and unrepresented employees.
BACKGROUND
The City has reached tentative agreements with CEA, the aSSOCIatIOn representing
clerical, technical and professional employees and OE3, the bargaining unit representing
public works maintenance employees. The negotiated packages are within City Council
parameters with average annual costs of 4.725% of payroll. Key provisions of the
tentative labor agreements are summarized below:
· Three-year agreements (from July 1,2007 through June 30, 2010).
· Full cost containment on employee medical. As negotiated, the City will hold
the line on the amount contributed for each employee's medical insurance
through June 30, 2010.
· A cost neutral wellness program promoting and providing education on
healthy living.
· A 2.7% @ 55 CalPERS retirement formula with employees paying 2% of the
additional cost and the City paying the remaining 4.683%.
· Cost savings associated with three, year-end holiday facility closures
(December 24 through the beginning of January). This applies only to CEA
and unrepresented employees who will take unpaid leave and/or reduce their
leave balances during the closures.
· A 2% net salary increase in fiscal year (FY) 2007/08 (the difference between
the new 2% employee payroll deduction for retirement and a 4% salary
increase), and a 3.5% salary increase in FY 2008/09 and in FY 2009110.
· An agreement to reopen negotiations solely for the purpose of reducing the
City's retiree medical insurance costs if enabling legislation is enacted during
the life of the agreements.
Similar terms including all of the above cost saving measures are proposed for
unrepresented management and confidential employees.
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Printed on Recycled Paper
The following resolutions are recommended to implement the above terms and conditions
of employment:
A. Resolution No. 07-0bl amends the memorandum of understanding with CEA as
negotiated.
B. Resolution No. 07-M amends the memorandum of understanding with OE3 as
negotiated.
C. Resolution No. 07-D&~ amends the compensation program for unrepresented
(management and confidential) employees as described above.
RECOMMENDA nON
Staff recommends that the City Council adopt Resolution Nos. 07-6~'1 to 07-D..k..9 as
described herein.
Submitted by:
Approved by:
~~
Sandy Abe
Human Resources Director
~
David W. Knapp
City Manager
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DRAFT
RESOLUTION NO. 07- O~ 1
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 17th day of April 2007 by the following vote:
VOTE
MEMBERS OF THE CITY COUNCIL
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
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MEMORANDUM OF UNDERSTANDING
Cupertino City Employees' Association
and
City of Cupertino
July 1, 2007- June 30, 2010
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Table of Contents
Cateeory Section Paee Nllmher
No Discrimination 1 3
Salary Schedule 2 3
Out of Classification Pay 3 3
Bilingual Pay Differential 4 3
Hours of Work - Overtime 5 3
Facilities Closure 6 5
PERS Contribution 7 5
Insurance Coverage 8 5
Holidays 9 6
Temporary Disability Benefits 10 7
Vacation 11 7
Sick Leave 12 8
Sick Leave Verification 13 10
Family Leave 14 10
Personal Leave 15 10
Bereavement Leave 16 10
Military Leave 17 10
Pregnancy Disability Leave 18 10
Adoption Leave 19 11
Catastrophic Leave 20 11
Absence Notification 21 12
Training & Tuition Reimbursement 22 12
City Sponsored Recreation Programs 23 12
l3-S
rllteeory Section Pllee Nllmher
Due Process 24 13
Layoffs 25 13
Reinstatement 26 14
Continuation of Benefits 27 14
Separability 28 14
Ratification 29 14
Extended Benefits 30 14
Term 31 14
Salary Schedule Attachment A 16
Side Letter Agreement 17
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF CUPERTINO
AND
CUPERTINO CITY EMPLOYEES' ASSOCIATION
This is a three-year agreement, entered into the 1st day of July 2007, between the City of
Cupertino, hereinafter referred to as "City", and representatives ofthe 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, 2007 occurs.
Effective July 1, 2007, a salary increase equal to 4% will apply; effective July 1, 2008, a
salary increase equal to 3.5% will apply; and effective July 1, 2009, a salary increase equal
to 3.5% will apply.
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.
SECTION 4: BILINGUAL PAY DIFFERENTIAL
An employee who uses bilingual skills as approved by his/her supervisor and who passes
the required language proficiency testes) is eligible to receive a 7.5% bilingual pay differential
only for the work time during which employee uses bilingual skills. For payroll reporting
purposes, the 7.5% bilingual pay differential will be recorded with a 15 minute minimum.
SECTION 5: HOURS OF WORK: OVERTIME
5.1 Rom!': 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.
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The normal work week shall be 40 hours in seven days.
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 employee 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 Sched1lles
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 P::lyment 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 Compens::ltory 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. 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.
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 two times each calendar year to convert any/or
all accumulated compensatory time to cash.
5.7 T ,e::lve AccnJ::lls
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.
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SECTION 6: FACILITIES CLOSURE
City facilities* will be closed from December 24,2007 through January 1,
2008; December 24, 2008 through January 2, 2009; and December 24, 2009 through
January 1, 2010. Employees may use vacation, CTO, floating holiday, administrative leave,
or leave without pay for work time missed during the closure week.
*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 agrees to pay the employee's contribution rate to the California Public
Employees Retirement System (CaIPERS) not to exceed 7.0% of applicable salary until the
City implements the CalPERS 2.7% @ 55 retirement formula. The City will amend its
contract with CalPERS and will implement 2.7% @ 55 with an estimated effective date of
December 22, 2007 if CalPERS contract amendment requirements (including a secret
ballot employe~ election with majority approval) are met, and employees pay 2% of salary
(ongoing) for the employee share of CalPERS retirement. At the beginning of the pay
period in which 2.7% @ 55 becomes effective, the City agrees to pay the employee's
contribution rate to CalPERS 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 He~ lth - Medic~ 1 TnslImnce
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.
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.
The City reserves the right of selection and administration as to deferred compensation
planes).
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.
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8.2 Dental Tmmr:mce
City agrees to pay $77.26 per month for employees and their dependents.
8.3 THe Tmmr:mce
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 T ,one Tenn Disahility TnsllTance
The City shall provide Long Term Disability (L TD) insurance for employees. L TD
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 Tnsmance
The City shall provide Vision Care Insurance for employees and their dependents at a
cost of$13.74 monthly.
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
2. Martin Luther King Day
3. President's Day
4. Memorial Day
5. Independence Day
6. Labor Day
7. Veteran's Day
8. Thanksgiving Day
9. Day following Thanksgiving
10. Christmas Eve
11. Christmas 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.
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9.2 Flmltine HoliclHYs
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 HoliclHY PHY
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 job is
entitled to receive temporary disability as prescribed by State law.
1 O.lOse of Sick LeHve to Snpplement TemporHry (not helcl) DisHhility PHyments
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.
lO.20se of Sick LeHve for TnclllStriHl Tnjnry MeclicHl 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.
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Service Time
Hrs of Accnml Per P::JY
Perioo
3.08
4.62
5.24
6.16
6.77
Annu::J1 ACCnI::Jls
M::Jximum Accnml
o - 3 Years
4 - 9 Years
10 - 14 Years
15 - 19 Years
20 + Years
80 Hours
120 Hours
136 Hours
160 Hours
176 Hours
160 Hours
240 Hours
272 Hours
320 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. All exchanges
are irrevocable.
4. 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 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.
12.1 Sick T ,e::Jve C;onversion
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 - 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.
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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 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 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. The granting of such exchange and 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 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.
d. 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.
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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 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: FAMILY LEAVE
The City of Cupertino will be in compliance with State and Federal Family Leave laws.
SECTION 15: 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 16: BEREAVEMENT LEAVE
Employees shall be granted paid bereavement leave not to exceed three (3) work days
upon the occasion of death of a dose 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 17: MILITARY LEAVE
Military leave shall be granted in accordance with the provlSlon 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 18: PREGNANCY DISABILITY LEAVE
A pregnant employee is entitled up to four (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 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 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 19: 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 20: 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 or the employee must use the time to
care for the employee's spouse, domestic partner, son, daughter, stepchild who
resides with the employee, parent or stepparent who has a serious health
condition. The committee has the right to establish standards for the granting of
leave hours, and ask the applicant to 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 of 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 (L 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 donated. An employee may not donate leave of
absence credits which would reduce hislher 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.
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 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.
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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 21: 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.
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 22: 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 Human 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 23: 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 toward City of Cupertino
recreation services in accordance with the City's Recreation Buck Policies and a free, employee
only, annual Cupertino Sports Center fitness membership (beginning January 1, 2008).
Part-time benefited employees will have the annual amount of Recreation Bucks prorated based
on number of hours worked.
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SECTION 24: 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 hislher 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 25: LAYOFF PROCEDURE
The appointing authority may layoff employees for lack of funds, lack of work or for 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 $1,500 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 the 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.
13
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SECTION 26: 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 27: 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 28: 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 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 29: 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 30: 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 (06/30/10) will not trigger any modification to this agreement.
SECTION 31: TERM
This agreement shall be effective commencing at 12:01 a.m., July 1,2007 and ending at
11 :59 p.m. June 30, 2010.
14
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CITY EMPLOYEES' ASSOCIATION
Susan Winslow
Kimberly Frey
Gary Kornahrens
Susan Lewis
Jason Chou
Date:
Reviewed by City Attorney
Charles T. Kilian
CITY OF CUPERTINO
David W. Knapp
Carol A. Atwood
Sandy Abe
David Woo
Date:
Date:
15
l3 -f1
SECTION 2: SALARY SCHEDULE
ATTACHMENT A
Classification SteD 1 SteD 2 SteD 3 SteD 4 Sten 5
Account Clerk $4 167 $4 375 $4 594 $4 824 $5 065
Administrative Clerk $4 416 $4 637 $4.869 $5 113 $5 368
Assistant Civil Enaineer $6 256 $6 568 $6 897 $7 242 $7 604
Assistant Planner $5646 $5 928 $6.224 $6 536 $6 863
Associate Civil Enaineer $6742 $7 079 $7 433 $7 805 $8 195
Associate Planner $6 084 $6 389 $6 708 $7 043 $7 396
Buildina Insoector $6 449 $6.772 $7 11 0 $7466 $7 839
Case Manaaer $4 517 $4743 $4 980 $5 229 $5.490
Code Enforcement Officer $5219 $5.480 $5 754 $6042 $6 344
Enaineerina Technician $5320 $5 586 $5 865 $6 159 $6.466
Environmental Proarams Assistant $5.357 $5.625 $5 906 $6 202 $6 512
Facilitv Attendant $3 171 $3 330 $3 496 $3671 $3.855
Media Coordinator $4.745 $4.982 $5 231 $5 493 $5 768
Office Assistant $3 528 $3 705 $3 890 $4 085 $4.289
Permit Technician $4 294 $4.509 $4 734 $4 971 $5 220
Plan Check Enaineer $6.742 $7 079 $7 433 $7 805 $8 195
Pro Shoo Attendant $3017 $3 167 $3 326 $3 492 $3 667
Producer $4.646 $4 879 $5 123 $5 379 $5 648
Proaram Promotions Director $4319 $4 535 $4 761 $4 999 $5 249
Public Works Insoector $6.449 $6.772 $7 11 0 $7466 $7 839
ReceotionistlClerk $3 193 $3 353 $3 521 $3 697 $3.882
Recreation Assistant $2 273 $2 386 $2 506 $2.631 $2.763
Recreation Coordinator $4319 $4 535 $4 761 $4 999 $5.249
Senior Buildina Insoector $6.891 $7 235 $7 597 $7 977 $8.376
Senior Enaineerina Technician $5 733 $6 020 $6 321 $6 637 $6.969
Senior Office Assistant $3.918 $4 114 $4 319 $4 535 $4 762
Senior Planner $6 524 $6851 $7 193 $7.553 $7 931
Senior Traffic Technician $5.733 $6 020 $6 321 $6 637 $6 969
Soecial Proarams Coordinator $3 891 $4 085 $4 290 $4 504 $4 729
Traffic Sianal Technician $5 967 $6 265 $6 578 $6 907 $7 253
Traffic Technician $5 320 $5 586 $5 865 $6 159 $6 466
16
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Sideletter Agreement:
In the event that legislation is enacted allowing the City of Cupertino to reduce retiree
medical costs for new hires, the parties agree to reopen negotiations solely for the purpose of
implementing cost savings measures for new hire retiree medical.
Approval of Amendment to MOU:
CITY OF CUPERTINO
CITY EMPLOYEES'
ASSOCIA nON
David W. Knapp
Date
Susan Winslow
Date
Carol A. Atwood
Date
Kimberly Frey
Date
Sandy Abe
Date
Gary Kornahrens
Date
David Woo
Date
Susan Lewis
Date
Jason Chou
Date
Reviewed by City Attorney
Charles T. Kilian
Date
17
l ') - 2-l
RESOLUTION NO. 07- D 0%
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO ADOPTING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CUPERTINO AND OPERATING
ENGINEERS LOCAL NO.3, AFL-CIO
WHEREAS, meetings have been held over proposals concerning wages, hours,
and other terms and conditions of employment between representatives of the City and of
Operating Engineers Local Union No.3, the recognized representative of the Public
Works 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 Operating Engineers Local Union No.3.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 17th day of April, 2007 by the following vote:
VOTE
MEMBERS OF THE CITY COUNCIL
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
l3-22-
MEMORANDUM OF UNDERSTANDING
City of Cupertino
and
Operating Engineers Local No.3
July 1, 2007 - June 30, 2010
, 3 -23
Table of Contents
Category Section Page Number
Definitions 1 1
Union Recognition 2 1
N on-Discrimination 3 2
Representation Rights 4 2
Agency Shop 5 2
City Rights 6 6
Permanent Transfers 7 6
Notification of Proposed Change 8 6
Hours of Work: Overtime 9 7
Compensation for Services 10 8
Public Employees Retirement Contribution 11 10
Health and Welfare Benefits 12 11
Insurance 13 11
Paid Absences 14 12
Sick Leave Conversion 15 16
Safety Equipment 16 18
City Sponsored Recreation Programs 17 18
Training and Tuition Reimbursement 18 19
Temporary Disability Benefits 19 19
Disciplinary Action 20 19
Layoffs 21 20
Reinstatement 22 21
Grievance Procedure 23 21
Impasse Procedure 24 23
13-2).1
Category Section Page Number
Continuation of Benefits 25 24
Separability 26 24
Ratification 27 24
Term 28 24
Elmwood Work Furlough Program Attachment A 26
Approximate Monthly Salary Ranges Attachment B 28
Side Letter Agreement Attachment C 29
ii
13 -7-<S
MEMORANDUM OF UNDERSTANDING
Between
CITY OF CUPERTINO
and
OPERATING ENGINEERS LOCAL UNION NO.3, AFL-CIO
This agreement, entered into the 1st day of July, 2007 between the official
representatives of the City of Cupertino, hereinafter referred to as "City", and the official
representatives of the Operating Engineers Local Union No.3, AFL-CIO, hereinafter referred to
as "Union", sets forth the agreement resulting from the several discussions held between the two
parties concerning the wages, hours, and other terms and conditions of employment for the
employees of the Public Works Unit of the City, for which the Union is the recognized sole and
exclusive representative. This agreement represents the entire and integrated agreement between
the City and the Union and supersedes all prior representations and agreements, whether written
or oral.
General Provisions
SECTION 1: DEFINITIONS
1.1 City - the City of Cupertino, a municipal corporation
1.2 Union - the Operating Engineers Local Union No.3
1.3 Employee - All employees whose positions are contained in the Public Works Unit
recognized pursuant to Section 2.52.470 of the Cupertino Municipal Code.
SECTION 2: UNION RECOGNITION
Pursuant to Section 2.52.480 of the City Code and applicable State law, the Union is
recognized by the City as the exclusive representative of the employees within the Public Works
Unit consisting of the following classifications as well as any new classifications which may be
appropriate for this unit as determined by the Municipal Employee Relations Officer:
. Equipment Mechanic
. Street Lighting Worker
. Maintenance Worker I
. Maintenance Worker II
. Maintenance Worker III
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2.1 The City shall promptly notify the Union of its decision to implement any and all new
classifications pertaining to work of a nature performed by employees in the bargaining
unit.
SECTION 3: NON-DISCRlMINATION
In accordance with the City of Cupertino Equal Opportunity in Employment Plan, all
employees shall have equal opportunity in employment without regard to race, religion, political
affiliation, national origin, sex, handicap, sexual orientation or age.
SECTION 4: REPRESENTATION RIGHTS
4.1 The City and Union shall not interfere with, intimidate, restrain, coerce or discriminate
against employees of the City because of their exercise of representation right under
Section 3502 of the Government Code.
4.2 Business Representatives of the Union may have access to any employee or employees
presenting a grievance and employees have the right to have the Union Business
Representative represent him or her at all stages of disciplinary action.
4.3 The Union may select two (2) employees from the Service Center as Union Steward.
4.4 In addition to his/her regularly assigned work, the Union Steward shall be permitted
reasonable time during working hours to notify the Business Representative through the
most rapid means appropriate and available of any alleged violations of this
Memorandum. Employees are authorized to contact their Union Steward during working
hours to report an alleged grievance or violation of this Memorandum.
4.5 The City agrees to deduct on a bi-weekly basis the monthly Union membership dues or
appropriate agency fee from the earned wages of each employee within the bargaining
unit upon receipt of signed authorization to do so from each employee concerned.
Terminations and other personnel changes affecting dues payment Will be provided to the
Union by the City.
4.6 The City and the Union desire to work towards a good working environment which
includes productivity and respect for each individual regardless of classification or
representation.
SECTION 5: AGENCY SHOP
Except as provided otherwise herein, the provisions of this Section shall apply to all
employees of the City in all classifications represented by the Union when on paid status, except
those mutually designated classifications and mutually designated employees who are employed
for no more than 1000 hours per fiscal year. The provisions of this Section shall not apply to
individual employees who have been properly and finally determined to be management or
confidential employees.
2
()-1.7
For the term of this Agreement, all current and future employees of the City as described
above, 'except as set forth below, shall, as a condition of continued employment, become and
remain a member of the Union or, in lieu thereof, shall pay a service fee to the Union. The
service fee payment shall be established annually by the Union.
5.1 Employee Rights
5.1.1 The City and the Union recognize the right of employees to form, join, and
participate in lawful activities of employee ~rganizations and the equal,
alternative right of employees to refuse to form, join, and participate in
employee organizations. Neither party shall discriminate against an employee
in the exercise of these alternative rights.
5.1.2 Accordingly, membership in the Union shall not be compulsory. An
employee has the right to choose, either; to become a member of the Union;
or, to pay to the Union a fee for representation services; or, to refrain from
either of the above courses of action upon the grounds set forth in Section 5.6
below.
5.2 Employee Selection
5.2.1 Any regular employee, must, within thirty (30) days of their employment with
the City, submit to the City either a signed authorization to deduct dues as a
member of the Union; or, sign and deliver to the City a written assignment
authorizing deduction of the properly established agency fee as defined in
Section 5.3.1 below, subject to the conditions set forth in Section 4.5 of this
MOU. Upon receipt of the duly completed authorization, the City will deduct
from the pay of the employee and pay to the Union the normal and regular
monthly fee. If the employee is granted an exception from these fees based on
a religious exception as explained in Section 5.6 below, the employee must
designate a charity from Section 5.6.2 to which the appropriate amount will be
paid through payroll deduction.
5.2.2 If a person fails to make any of the designations set forth above within the
thirty (30) day period, they will be given notice by the City that the Agency
Fee deduction will be made beginning with the first full pay period following
the expiration ofthe thirty (30) day period. The City and the Union agree that
the Agency Fee shall be paid in exchange for representation services
necessarily performed by the Union in it's capacity as exclusive bargaining
agent and in conformance with it's duty of fair representation of said
employee who is not a member of the Union.
5.2.3 Any regular employee who makes a designation to pay the Agency Fee within
the above thirty (30) day period may at anytime thereafter join the Union and
3
13 -- 2-1
provide to the City a signed authorization to deduct dues as a member of the
Union in lieu of the Agency Fee.
5.2.4 During the last thirty (30) days of this Memorandum of Understanding
between the City of Cupertino and Operating Engineers Local Union No.3,
any employee who is a member of the Union, may, by written notice to the
Municipal Relations Officer or designee, resign such membership and change
their status to the Agency Fee or exempt category in accordance with the
provisions of this article.
5.2.5 The Union specifically agrees that the provisions of Section 5.7 of this Section
apply to any claims against the City or any of its agents or employees
regarding the payroll deduction of Agency Fee.
5.3 Definition of Agency Fee
5.3.1 The Agency Fee collected from non-member bargaining unit employees
pursuant to Section 5.2.1 of this Memorandum of Understanding shall be
limited to the Union's (local, state, and national) annual costs for representing
such employees. Such amount shall be those amounts for full-time employees
as are certified to the Municipal Employee Relations Officer/Human
Resources Manager or designee, from time-to-time by the designated officer
of the Union as the Agency Fee.
5.3.2 The Union certifies that this "representation fee" includes only those costs
actually incurred by the Union in representing employees, who are not also
members of the Union, in matters specifically and directly connected with the
enforcement and administration of this Memorandum of Understanding, the
adjustment of grievances, and litigation pertaining thereto. The Union further
certifies that this "representation fee" excludes all other costs, fees, and
adjustments including, but not limited to: Union fines, back dues, initiation
fees, or any other charge required as a condition of Union membership; any
and all amounts which may be used, directly or indirectly, for political or
ideological activities, any and all amounts which do not constitute costs
actually incurred by the Union in representation matters specifically and
directly connected with the bargaining of, enforcement and administration of
this Memorandum of Understanding, the adjustment of grievances, and
litigation pertaining thereto. The Union specifically agrees that the provisions
of Section 5.7 of this Section apply to any claims against the City or any of
it's agents or employees regarding the appropriateness of the amount of any
"representation fee" set forth in this Section.
5.4 Exceptions
The provisions of Section 5 shall not apply to non-benefited part-time
employees.
4
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5.5 Financial Reporting
5.5.1 The Union shall submit to the City a detailed written financial report of it's
financial transactions in the form of a balance sheet and an operating
statement, certified as to accuracy by the Union's Executive Secretary. Each
. year such reports shall be verified and submitted in writing to the City's
Human Resources Manager by the Union within 60 days of July 1.
5.5.2 The Union will provide a reasonably prompt opportunity to challenge the
amount of the fee before an impartial decision maker not chosen by the Union
and will make provision for an escrow account to hold amounts reasonably in
dispute while challenges are pending.
5.6 Employees Exempted from Obligation to pay the Union
5.6.1 Any employee shall be exempted from the requirements of Section 5.2 above
if such employee is a member of a bona fide religion, body or sect which has
historically held conscientious objections to joining or fmancially supporting a
public employee organization and is recognized by the National Labor
Relations Board to hold such objections to Union membership. Such
employee shall, upon presentation of membership and historical objection
satisfactorily to the City and the Union, pay the required service fee to a
recognized non-profit charity.
5.6.2 Such exempt employee shall, as outlined in Section 5.6.1 above, as an
alternative to payment of an Agency Fee to the Union pay an equal amount
equivalent to such Agency Fee to either:
a) The United Way;
b) Combined Health Agencies Drive (C.H.A.D.);
c) Any charity jointly agreed upon by the City and the Union. Such charities
cannot be affiliated in any manner with the Union, nor can such charity be
related to an established religious organization.
5.7 Hold Harmless
The Union shall hold the City harmless and shall fully and promptly reimburse the City
for any reasonable legal fees, court costs, or other litigation expenses incurred responding to or
defending against any claims against the City or any of it's agents, or employees, in connection
with the interpretation, application, administration or enforcement of any section in the
Memorandum of Understanding pertaining to Agency Fees.
5.8 Expiration Date of Agency Fee Provisions
5
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It is agreed and understood by the parties to this memorandum of Understanding that the
provisions, rights and obligations herein pertaining to payment of any Agency Fee and dues
deduction shall not survive beyond the term of this Memorandum of Understanding, and shall
accordingly expire at the expiration of this Memorandum, provided however that, pursuant to
Government Code Section 3502.5, this Section 5 may be rescinded in its entirety by a majority
vote of all the employees in the unit covered by this Memorandum of Understanding. It is
understood and agreed that: (1) a request for such a vote must be supported by a petition
containing the signatures of at least thirty (30) percent of the employees covered by this Section;
(2) such vote shall be by secret ballot; and (3) such vote may be taken at any time during the
term of this Memorandum of Understanding, but in no event shall there be more than one vote
taken during such term.
SECTION 6: CITY RIGHTS
The rights of the City include, but are not limited to, the exclusive right to determine the
mission of its constituent departments, commissions and boards; set standards of services;
determine the procedures and standards of selection for employment and promotion; direct its
employees; take disciplinary action; relieve its employees from duty because of lack of work or
for other legitimate reasons; maintain the efficiency of governmental operations; determine the
content of job classifications; take all necessary actions to carry out its mission in emergencies;
and exercise complete control and discretion over its organization and the technology of
performing its work.
. The City shall give forty-five (45) days prior written notice to the Union of the intent and
anticipated impact or proposed contracts for work now being done or new work that could be
done by job classifications represented by the Union.
SECTION 7: PERMANENT TRANSFERS
Employees shall be notified in writing of any permanent transfer from one division to
another ten (10) working days prior to the effective date.
SECTION 8: NOTIFICATION OF PROPOSED CHANGE
City agrees to serve written notice upon the Union of any intent to change or alter any
ordinance, rule, resolution or regulation affecting the recognized employee organization on
matters relating to the scope of representation. Upon receipt of the written notification of
intended change, the parties will meet at a date not less than fifteen (15) days following receipt
of intent. After notification, the parties may mutually agree that the Meet and Confer provisions
are satisfied by the written notice.
In cases of emergencies when the City determines that an ordinance, rule, resolution or
regulation must be adopted immediately without prior notice of meeting with the Union, the City
shall provide such notice and opportunity to meet at the earliest practical time following the
adoption of such ordinance, rule, resolution regulation consistent with the agreement.
6
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SECTION 9: HOURS OF WORK: OVERTIME
9.1 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.
9.2 Schedules
It will be a maIlagement responsibility to schedule the hours of work for each employee
covered by this agreement. Except in unforeseen circumstances, changes in an employee's hours
of work will be made after ten days prior notice.
Volunteers will be sought for any change in regular work hours to a shift beginning after
9:00 a.m. If there are no volunteers, the regular employee with the least seniority will be
assigned for a maximum of twelve months. The city will attempt to make four-month
assignments when possible.
Non-emergency work will not be scheduled for a weekend when either Friday or Monday
is a recognized holiday. (See Section 14.1 - recognition of Saturday and Sunday holidays.)
9.3 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.
9.4 Overtime
Qyertime shall be defined as any work in excess of Section 9.1 above. 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 of unforeseen circumstances, overtime shall be
approved after the work is completed.
9.5 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.
7
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9.5.1 Meal Periods
A paid meal period and a $12 meal allowance shall be provided when an employee works
more than three consecutive hours immediately following the end of a regular workday. In
addition, after four additional consecutive hours of overtime work, a paid meal period and a $12
meal allowance shall be provided. A meal period shall be 40 minutes.
9.6 Compensatory Time Off
At the employee's discretion, compensatory time (CTO) 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 CTO, shall be allowed to schedule CTO at the
employee's discretion provided (1) that prior supervisory approval has been obtained and (2) the
request is made in writing.
CTO may be accrued for up to 80 hours. Any CTO earned exceeding 80 hours will be
paid at the rate of time and one-half.
An employee may exercise his/her option twice each calendar year to convert any/or all
accumulated compensatory time to cash.
9. 7 Leave Accruals
An employee shall not accrue yacatlon or sick leave credits during a pay period if off
without pay for more than 40 hours during said pay period.
SECTION 1 0: COMPENSATION FOR SERVICES
10.1 Salary Range
a. Approximate monthly salary ranges as listed on Attachment B will apply for each
classification effective at the beginning of the pay periods in which July 1,2007,
July 1, 2008, and July 1, 2009 occur. As reflected in Attachment B, effective
at the beginning of the pay period in which July 1, 2007 occurs, the City
agrees to pay a salary increase equal to 4%; effective July 1, 2008, a salary
increase equal to 3.5% will apply; and effective July 1, 2009, a salary
increase equal to 3.5% will apply.
b. The City agrees to pay a 10% differential to employees assigned to lead
responsibilities for the work furlough program. Other employees assigned to the
work furlough program will receive a 5% pay differential.
10.2 Bilingual Pay Differential
a. An employee who uses bilingual skills as approved by his/her supervisor and who
passes the required language proficiency testes) is eligible to receive a 7.5%
8
[3-33
bilingual pay differential only for the work time during which employee uses
bilingual skills. For payroll reporting purposes, the 7.5% bilingual pay
differential will be recorded with a 15 minute minimum.
10.3 Out-of-Class
Temporary assignments to a position assigned to a classification in a higher pay grade
shall be compensated at a rate seven and one half percent greater than that of the regular
position, for the number of hours so assigned.
The temporary assignment shall be authorized in writing by the Supervisor or
Superintendent of Public Works. No employee shall work in a higher classification without
written notice. A copy of the authorization shall be submitted with the time sheet for the affected
pay period. No increase in the wage rates shall apply in instances of Maintenance Worker I
positions temporarily assigned to positions of Maintenance Worker II classification.
10.4 Standby Compensation
Employees who are required to be available during their off-shift hours for possible recall
for emergency service shall be compensated at the following rate per 128 hours so assigned
during the term of this agreement. !
July 1, 2007 - $200.00
Minimum manning and skill qualifications for standby assignment shall be determined by
the City. Assignment of such standby duty shall be rotated on an equal basis among all qualified
employees who reside in an area that provides a response time of 3 0 minutes or less.
10.5 Callback Pay
If any employee is called or required to report for assigned emergency or other duties
during the period of the close of the regular work day and the start of the next following work
day, compensation shall be paid at one and one-half (1 1/2) times the normal rate of the period
the employee is required to be available at the work station, and for travel time in connection
therewith to and from the employee's customary residence at one and one-half (1 1/2) times.
Under such circumstances a minimum payment will be made equivalent to two hours at one and
one-half(11/2) times the normal rate of pay.
10.6 Mileage Reimbursement
Employees who are required to use their personal vehicles for City Business shall be
reimbursed for such use at the rate established by the IRS.
9
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10. 7 Probationary Period/Salary Advancement
The probationary period shall be twelve months of paid employment. Employees will
advance to the next step of the salary range upon successful completion of the probationary
period. Advancement to subsequent salary steps will be based on merit (satisfactory evaluation)
and are scheduled annually thereafter.
10.8 Special Skills Compensation
1. Effective July 1, 2000 an employee possessing a valid QAC will be eligible for five
percent (5.0%) premium pay for each hour worked when assigned to tasks requiring
possession of the QAC.
2. An employee possessing a valid Certificate of Welding, qualified in mild steel" pipe,
stainless steel, and aluminum, will be eligible for five percent (5.0%) premium pay
for each hour worked when assigned to perform welding on the following "public
liability" and/or "public safety" tasks.
a. Playground equipment
b. Trailer hitches
c. Trailers
d. Welding and installing cranes
e. Water tanks
f. Other welding tasks assigned
3. Assigned Use of Class B Driver's License
An employee is eligible to receive a five percent (5%) premium pay when assigned to
operate/drive a vehicle requiring a commercial Class B driver's license.
4. After an employee is certified as an A WW A Certified Backflow Prevention
Assembly Tester, any work invQlving repairs and/or testing to the city's
backflow prevention devises WIll be granted out-of-class pay at 10%.
10.9 Flexible Staffmg - Maintenance Worker I/II
An employee shall be eligible to advance from Maintenance Worker I to Maintenance
Worker II after one year of satisfactory service at the maximum salary step of Maintenance
Worker I and with the recommendation of the department head.
SECTION 11: PUBLIC EMPLOYEES RETIREMENT CONTRIBUTION
The City agrees to pay the employee's contribution rate to the California Public
Employees Retirement System (CaIPERS) not to exceed 7.0% of applicable salary until the
City implements the CalPERS 2.7% @ 55 retirement formula. The City will amend its
contract with CalPERS and will implement 2.7% @ 55 with an estimated effective date of
10
I 3-]5
December 22, 2007 if CalPERS contract amendment requirements (including a secret
ballot employee election with majority approval) are met, and employees pay 2% of salary
(ongoing) for the employee share of CalPERS retirement. At the beginning of the pay
period in which 2.70/0 @ 55 becomes effective, the City agrees to pay the employee's
contribution rate to CalPERS 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 12: HEALTH AND WELFARE BENEFITS
The City agrees to make available a plan of comprehensive health and welfare benefits
for eligible employees, as well as those provided by the Operating Engineers Health and Welfare
Trust Fund for Northern California. Any such benefits program must have the continued
approval of the Board of Administration,: Public Employees Retirement System. For each
participating employee, the City shall contribute toward premium cost the following amount per
month during the term of this agreement.
Contribution
765.29
905.29
945.29
Required contribution amounts exceeding the premium contribution of the City are the
responsibility of the employee. 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 June 30, 2007.
SECTION 13: INSURANCE
13.1 Long Term Disability
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.
13.2 Life Insurance
The City shall provide life insurance and accidental death and dismemberment coverage
for each employee in the amount of five 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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13.3 Vision Care Insurance
The City shall provide Vision Care Insurance for employees and their dependents
at a cost of$13.74 monthly.
SECTION 14: PAID ABSENCES
14.1 Fixed Holidays
The City shall provide the following fixed paid holidays for eligible employees covered
by this agreement:
1. New Year's Day
2. Martin Luther King Day
3. Presidents' Day
4. Memorial Day
5. Independence Day
6. Labor Day
7. Veteran's Day
8. Thanksgiving Day
9. Day Following Thanksgiving
10. Christmas Eve
11. Christmas Day
12. New Year's Eve
When a holiday falls on a Sunday, the following Monday shall be observed as the non-
work day. When a holiday falls on a Saturday, the previous Friday 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.
14.1.1 Holidav 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.
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14.2 Floating Holiday Leave
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 not less than one (1) hour. Holiday
leave shall be taken at the discretion of the employee subject to prior supervisory approval.
. Each pay period an employee will be credited with .77 hours of holiday leave. Holiday
leave may be accumulated up to 40 hours.
14. 3 Vacations
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 credits during the
calendar year. Accrued vacation may be taken with prior supervisory approval.
Upon termination of employment, unused vacation may not be used to extend fmal
employment date beyond the annual rate of vacation being earned.
Represented employees may convert, on a twice per calendar year basis, unused vacation
time for payment subject to the following conditions:
1. The employee must have accrued vacation of at least 120 hours.
2. Any payments made for unused vacation will be subject to all appropriate taxes.
3. Minimum exchange will be 8 hours, maximum exchange will be 80 hours.
4. All changes are irrevocable.
14.3.1 Vacation Accrual Rate
Benefited full-time employee's 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
o - 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.
14.3.2 Full vacation leave shall be taken at one time by anyone employee whenever
possible. The time during the calendar year at which an employee shall take his/her vacation
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shall be determined with due regard for the wishes of the employee and particular regard for the
needs of the service. Vacation leave of less than the full amount earned may be taken with the
approval of the department head.
14.3.3 On termination of employment or on receiving a leave of absence of more than
three (3) months, an employee who has completed 12 months of continuous service with the City
shall be entitled to receive compensation for all earned but unused vacation accrued at the time
of termination or at the start of said leave of absence.
14.3.4 The accrual of vacation credits for those employees whose normal work week is of
not less than one-half (1/2) time shall be prorated according to the time of the recurring work
assignment as to the normal work week.
14.4 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. Employees absent without pay for any reason for more than forty (40) hours
during a calendar month shall not earn sick leave benefits for that month.
With proper notice and approval of the supervisor, sick leave shall be taken in periods of
no less than one-half (1/2) hour increments.
14.5 SICK LEAVE VERIFICA nON
A Department Head or supervisor may 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
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.
14.6 Personal Leave
The City shall allow accumulated sick leave to be used for conducting personal business
which cannot be conducted outside regular working hours or for family medical emergencies.
14. 7 Bereavement Leave
Employees shall be granted paid bereavement leave not to exceed a total of 24 hours
upon the occasion of death of a close relative. Close relatives are defined as mother, father,
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sister, brother, wife, husband, children, step-children, domestic partner, grandparent,
grandchildren, mother-in-law and father-in-law.
14.8 Military Leave
Military leave shall be granted in accordance with the provisions 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.
14. 9 Pregnancy Disability Leave
A pregnant employee is entitled to lip to four 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.
An employee who plans to take a pregnancy leave must give a reasonable notice (not less
than 4 weeks) before the date she expects to take the leave and the estimated duration of the
leave until the employee is released by her physician to return to work or for sixty (60) days,
whichever comes first.
14.10 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.
14.11 Absence Notification
An employee is expected not to absent herself/himself 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 t6 report for work must make a
sincere effort to immediately notify his/her supervisor or office personnel 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 or office personnel on a daily basis unless
otherwise arranged 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 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
herself/himself for three (3) days or more without authorized leave shall be deemed to have
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resigned. Such absence may be covered, however, by the department head by a following grant
of leave with or without pay when extenuating circum~tances are found to have existed.
14.12 Catastrophic Leave
1. The City's catastrophic leave committee will establish a definition of catastrophic or
life-threatening illness. This committee will evaluate each individual case when it is
submitted to qualify to receive fmancial assistance. The only limitation is that the
employee must be the one facing the illness or the employee must use the time to care
for the employee's spouse, domestic partner, son, daughter, stepchild who resides
with the employee, parent or stepparent who hCl;S a serious health condition. The
committee has the right to ask the applicant to submit further documentation from the
treating physician to determine the applicant's eligibility for catastrophic leave hours.
2. Vacation hours and compensatory time off (CTO) hours are the only leave of absence
credits which may be donated in any pay period. A leave of absence transfer drive
will be held whenever necessary, to provide for a minimum catastrophic leave bank
balance of 40 hours. .
3. 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. An employee or their representative must complete a prescribed application
form together with supporting medical documentation to the Personnel Officer when
applying for funds.
4. A recipient must have used all of their available leave hours before he/she is eligible.
5. The minimum time an employee could receive funds would be one week. The
maximum amount is two months (L TD becomes available at this time).
14.13 Family Leave
The City of Cupertino will comply with State and Federal Family Leave Laws.
SECTION 15: SICK LEAVE CONVERSION
15.1 Sick Leave is not vested under California statutory law.
15.2 At the time of termination, the value of non-vested hours is converted to an
incentive compensation bank equal to the employee's base hourly rate averaged over the
immediate past 60 complete months of employment multiplied by the total number of non-vested
hours.
15.3 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.
15.4 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.
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15.4. a Employees shall have the option of cashing out sick leave in accordance with
Section 15 - 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.
15.5 Represented employees will have the option, subject to approval, 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. Minimum exchange will be eight hours sick leave
for four hours of vacation. An employee may convert sick leave in excess of 320 hours to
vacation leave on a one-to-one basis to a maximum of 48 hours and a minimum of four hours.
As a condition of converting sick leave to vacation, all employees will be required to use
at least one-half (1/2) of vacation accrued during the previous twelve (12) 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 60 calendar days in advance of intended vacation
utilization.
b. The granting of such exchange and 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 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.
d. 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 ration of
sick leave to vacation will revert to the original ratio at the time the initial exchange was
implemented.
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SECTION 16: SAFETY EQUIPMENT
The City will pay on an annual basis the following amount to employees for the purchase
of steel toed safety shoes and rain gear during the term of this agreement:
July 1,2007 - 400.00
The City shall retain the right to establish minimum safety and quality standards for the
steel toed safety shoes, clothing and safety equipment to be used while performing assigned
tasks.
The city will provide to the employee the following: hard hat, safety glasses, ear
protection, gloves, chain saw slip-on foot protection for employees who operate chain saws,
orange safety tee shirts and/or uniform shirts (11), sweatshirts, orange safety jacket (1 jacket
every other year), and rain boots.
The city will continue to provide and launder shirts or overalls, which shall be worn
while carrying out the duties of the city.
I
It is the responsibility of the employee to have the required clothing and/or safety
equipment needed for the tasks .assigned. If an employee should be at work without the required
clothing and/or safety equipment, that employee will not be paid until he/she is at the worksite
with the required clothing and/or safety equipment.
. Hard hats must be worn when work performed by an employee is equal to, or above
his/her eye level.
Steel toed safety shoes must be worn at all times during the workday.
For new employees, the safety and equipment allowance will be prorated from the date of
employment through the end of the fiscal year in which appointed (June 30).
Any employee who, for whatever reason, terminates his/her employment with the City
before the beginning of the next fiscal year, shall return to the City the prorated value of said
safety equipment allowance.
SECTION 17: 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 toward
City of Cupertino recreation services in accordance with the City's Recreation Buck
Policies and a free, employee only, annual Cupertino Sports Center fitness membership
(beginning January 1, 2008). Part-time benefited employees will have the annual amount of
Recreation Bucks prorated based on number of hours worked.
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SECTION 18: 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 training program costs shall provide a written request for
reimbursement to their immediate supervisor. The request shall include the type of program,
sponsoring organization or institution, meeting times and costs for such program.
A copy of the supervisor & superintendent's recommendation to the department head
shall also be provided to the employee. The employee will initial supervisor's comments and the
superintendent's recommendation prior to going to the department head for approval or denial.
Once a training program has been approved, any employee covered by this agreement
will be eligible for reimbursem'ent. However, an employee shall not receive any reimbursement
until providing satisfactory proof of successful completion of the program.
18.1 Service Center Safety/Training Committee
The City and the Union agree to form a committee to jointly develop a safety/training
program to include, but not limited to: CPR, first aid, safe work habits and emergency response
roles. The City shall have two members and the Union shall have one member from each Service
Center Bureau.
SECTION 19: TEMPORARY DISABILITY BENEFITS
Any employee sustaining an injury arising out of, or in the course of, the performance of
his job and who cannot work at the duties and responsibilities normally assigned to that job is
entitled to receive temporary disability payments as prescribed by state law.
19.1 Use of Sick Leave to Supplement Temporary 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. Sick leave hours used will subsequently be credited to the
employee's account by dividing the employee's base hourly rate into the amount that the
employee would have received in industrial injury pay.
SECTION 20: DISCIPLINARY ACTION
The City has a policy of progressive discipline. When the need for discipline arises, the
minimum disciplinary action will be taken commensurate with the seriousness of the offense
which has resulted in such discipline. The severity of the discipline will increase if corrective
action is not taken.
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The fIrst and/or most modest step of progressive discipline in the case of minor breaches
of the rules, regulations or policy is a verbal warning by the supervisor in charge. If the breach
continues, or the offense is more than minor, in the judgment of the supervisor, the employee
shall be notified through the issuance of an infraction notice. Such infraction notices shall remain
in the supervisor's fIle and be destroyed after twelve months.
Should the offense, in the judgment of the supervisor, be so serious or be of a continuous
nature, the supervisor shall recommend more serious reprimand measures or disciplinary action
to the Superintendent. These measures would include, but not be limited to, written reprimands,
suspensions and termination.
When the disciplinary action recommended by the supervisor, and with the concurrence
of the Superintendent, would impact "property rights" of the employee as defIned by the courts
of California, it shall be referred to the Director of Public Works.
A written notice from the Director of Public Works to the employee at least five days
prior to any action, shall state the proposed disciplinary action. The notice shall also contain:
a. effective date and time of the proposed action
b. the alleged reason for the proposed action
c. the acts or omission which support the allegation
d. the materials upon which the allegation( s) are based and access to any other related
items
e. a "Skelly" pre-disciplinary statement as to the rights of the employee to respond
either orally or in writing to the Director of Public Works prior to the effective date of
the proposed action; and the employee's right of appeal
f. a statement that the action will become fInal if the employee fails to respond to the
notice within the specifIed time
It is understood that an employee's request for a Skelly meeting will postpone the
effective date of action until the Skelly has been heard and the City has responded to issues
raised in the Skelly meeting. In this case the effective date will be fIve (5) days from the
Dire.ctor's response.
SECTION 21: LAYOFF PROCEDURE
The appointing authority may layoff employees for lack of funds, lack of work or for other
similar and just cause. The appointing authority will identify the classifIcation(s) subject to
layoff. For purposes of this Section, Maintenance Worker I and Maintenance Worker II shall be
considered the same classification. Part-time employees shall be released from City service prior
to any layoff of regular, full-time employees in the same classification.
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.
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Employees being laid off shall be entitled to placement in a lower classification; provided (a) the
employee was previously employed with reglliar 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. 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 the 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 oflayoff 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 22: REINSTATEMENT
With the approval of the appointing authority, a regular or probationary employee who
has resigned with a good record or been recalled from a layoff action may be reinstated within
twenty-four months of the effective date of resignation to a vacant position in the same or
comparable classification they previously occupied. Upon reinstatement, the employee, for all
purposes, shall be considered as though they had received an original appointment.
SECTION 23: GRIEVANCE PROCEDURES
Definition and Procedure: a grievance is a dispute or difference of opinion raised by an
employee against the City involving the m~aning, interpretation or application of the express
provisions of this Agreement or the Rules on Conditions of Employment or existing work rules.
A grievance shall be processed in the following manner:
Step 1: Any employee who has a grievance shall submit it designated as a grievance to
the employee's immediate supervisor, who is designated for this purpose by the City.
The supervisor shall give the employee an oral answer within five (5) calendar days after
such presentation.
Step 2: If the grievance is not settled in Step 1 and the employee wishes to advance the
grievance to Step 2 of the grievance procedure, it shall be referred in writing to the employee's
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next highest supervisor within five (5) calendar days after the supervisor's oral answer, or answer
due in Step 1, and shall be signed by both the aggrieved employee and the.Union Representative
or Union Business Agent. The written grievance shall contain a complete statement of the facts,
the provisions or provisions of this Agreement or work rules which the City is alleged to have
violated and the relief requested. The supervisor or other person designated for this purpose shall
discuss the grievance within five (5) calendar days with the employee and the Union
Representative at a time mutually agreeable to the parties. If no settlement is reached, the
supervisor or other person designated for this purpose shall provide the employee a written
answer within five (5) calendar days following their meeting.
Step 3: If the grievance is not settled in Step 2 and the employee wishes to appeal the
grievance to Step 3 of the grievance procedure, it shall be referred in writing to the employee's
department head within five (5) calendar days after the supervisor's answer in Step 2 and shall be
signed by both the aggrieved employee and the Union Representative or Union Business Agent.
The department head shall discuss the grievance within five (5) calendar days with the employee
and the Union Steward at a time mutually agreeable to the parties. Ifno settlement is reached, the
department head shall give the City's written answer to the employee within five (5) calendar
days following their meeting.
Step 4: If the grievance is not settled in Step 3 and the employee wishes to appeal the
grievance to Step 4 of the grievance procedure, the Union may refer the grievance to advisory
mediation as described below within fourteen (14) calendar days after the decision. is provided at
the third step.
1) The parties shall attempt to agree upon an advisory arbitrator within seven (7)
calendar days after receipt of the notice of referral. In the event that parties are unable
to agree upon an advisory arbitrator within said seven (7) day period, the parties shall
immediately jointly request the State Mediation and Conciliation Service to submit a
panel of five (5) advisory arbitrators. Each party retains the right to reject one panel in
its entirety and request that a new panel be submitted. Both the Union and the City
shall have the right to strike two (2) names from the panel. The person remaining
shall be the advisory arbitrator.
2) The advisory arbitrator shall be notified of his/her selection and shall be requested to
set a time and place for the hearing, subject to the availability of Union and City
representatives.
3) The City or the Union shall have the right to request the arbitrator to require the
presence of witnesses or documents. The City and the Union retain the right to
employ legal counsel.
4) The advisory arbitrator shall submit his/her recommendation in writing within thirty
(30) days following the close of the hearing or the submission of briefs by the parties,
whichever is later.
5) More than one grievance may be submitted to the same advisory arbitrator if both
parties mutually agree in writing.
6) The fees and expenses of the advisory arbitrator and the cost of a written transcript
shall be divided equally between the City and the Union; provided, however, that
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each party shall be responsible for compensating its own representatives and
witnesses.
Limitations on Authority of Advisory Arbitrator: The advisory arbitrator shall have no
right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement.
The advisory arbitrator shall consider and decide only the question of fact as to whether there has
been a violation, misinterpretation, or misapplication of the specific provisions of this
Agreement. The advisory arbitrator shall be empowered to determine the issue raised by the
grievance as submitted in writing at the Second Step. The advisory arbitrator shall have no
authority to make a recommendation on any issue not so submitted or raised. The advisory
arbitrator shall be without power to make recommendations contrary to or inconsistent with, in
any way, applicable laws or rules and regulations of administrative bodies that have the force and'
effect of law. The advisory arbitrator shall ,not in any way limit or interfere with the powers,
duties and responsibilities of the City under law and applicable court decisions. The
recommendation shall be advisory only.
SECTION 24: IMPASSE PROCEDURE
The following procedures, extracted from the Municipal Code (Section 2.52.410), shall
apply in the event the parties are unable to resolve and impasse satisfactorily:
24.1 Impasses
A. Impasse procedures may be invoked only after the possibility of settlement by
direct discussion has been exhausted. The impasse procedures are as follows:
1. Mediation (or conciliation). (Defined in Section 2.52.290) All mediation
proceedings shall be private. The mediator shall make no public
recommendation nor take any public position concerning the issue.
2. A determination by the City Council after a hearing on the merits of this
dispute.
3. Any other dispute resolving procedures to which the parties mutually
agree or which the City Council may order.
Any party may initiate the impasse procedure by filing with the other party (or parties)
affected a written request for an impasse meeting together with a statement of its position on all
disputed issues. An impasse meeting shall then be scheduled by the municipal employee
relations officer forthwith after the date of filing of the written request for such meeting, with
written notice to all parties affected. The purpose of such impasse meeting is twofold:
a) To permit a review of the position of all parties in a final effort to reach agreement on
the disputed issues, and
b) If agreement is not concluded, to mutually select the specific impasse procedure to
which the dispute shall be submitted; in the absence of agreement between the parties
on this point, the matter shall be referred to the City Council.
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B. The fees and expenses, if any, of mediators or of any other impasse procedure,
shall be payable one-half of the City and one-half by the employee organization
or employee organizations.
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 provisions 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 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 memoranduin shall be binding upon either the City or the
Union following signing of this memorandum by the parties until it has been ratified by the
Union's membership and presented and approved by the City Council of the City.
SECTION 28: TERM
This agreement shall be effectively commencing at 12:01 a.m. July 1,2007 and ending at
11 :59 p.m. June 30, 2010.
OPERATING ENGINEERS LOCAL
UNION No.3
CITY OF CUPERTINO
Cindy Martinez
David W. Knapp
Brian Gathers
Carol A. Atwood
Ty Bloomquist
Sandy Abe
Mike Drake
Bob Rizzo
, 24
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Russ Polito
Bill Pope
Date:
Date:
Reviewed by City Attorney
Date:
Charles T. Kilian
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Attachment A
Elmwood Work Furlough Program
Purpose:
To provide a public service for local government through the availability of individuals in a
sentencing alternative program, to perform clean-up type duties.
Affected Employees:
1. All employees hired on or after January 1, 2000 may be required to participate in the
Elmwood Work Furlough Program (EWFP).
2. Participation by employees hired prior to January 1, 2000 will be on a voluntary basis.
3. Seniority for employees hired on the same day will be determined by employee number
(i.e., the lower the employee number, the greater the seniority).
Participation:
1. An Administrative Crew Leader will be responsible for daily activities related to the EWFP.
2. Assistant Crew Leader will be assigned as necessary to the EWFP.
3. Employees will be provided ten (10) calendar days notice prior to permanent assignment
with the EWFP.
4. With the exception of volunteers, employees with the least seniority who have received
EWFP training will be assigned within 30 days of the completion of training to participate as
staffing is required.
Compensation:
1. Administrative Crew Leader - 10% above base pay.
2. Assistant Crew Leader - 5% above base pay.
Responsibility:
The fo~lowing responsibilities/tasks are assigned to participants in the EWFP.
1. Administrative Crew Leader
a. Knowledge of EWFP policies, rules, and regulations.
b. Daily administrative of the EWFP.
c. Assignment of inmates consistent with direction of the
Supervisor.
d. Conduct an 8:00 a.m. roll call at the beginning of each day.
e. Notify Elmwood if an inmate does not arrive on time.
f. Assign tools and safety equipment to inmates.
responsible Public Works
26
13-- )/
g. Supervise inmates consistent with the provISIOns of the "Satellite Crew Supervisor
Manual" .
h. Conduct a 4:00 p.m. roll call at the end of each day.
An Administrative Crew Leader will not perform manual work that will distract from fully
monitoring the EWFP crew.
2. Assistant Crew Leader
a. Knowledge of EWFP policies, rules, and regulations.
b. Supervise inmates consistent with the provisions of the "Satellite Crew Supervisor
Manual".
c. Contact the Administrative Crew Leader concerning EWFP issues.
d. Lock and secure Corporation Yard at the end of the day.
An Assistant Crew Leader will not perform manual work that will distract from fully monitoring
the EWFP crew.
Liability:
An employee assigned to EWFP is covered for liability purposes by the City of Cupertino while
performing duties within the scope of his /her job.
27
f 3 - r..L-
SECTION 10.lA: APPROXIMATE MONTHLY SALARY RANGES
ATTACHMENTB
S I En f 07/01/07
aary ec Ive
Classification Step 1 Step 2 Step 3 Step 4 Step 5
Equipment Mechanic $4,892 $5,137 $5,394 $5,664 $5,947
Maintenance Worker I $3,935 $4,132 $4,338 $4,557 $4,784
Maintenance Worker II $4,132 $4,338 $4,557 $4,784 $5,026
Maintenance Worker III $4,557 $4,784 $5,026 $5,277 $5,543
Street Liohtino Worker $4,656 $4,889 $5,134 $5,390 $5,660
S I En f 07/01/08
aary ec Ive
Classification Step 1 Step 2 Step 3 Step 4 Step 5
EqulQment Mechanic $5,064 $5,317 $5,583 $5,862 $6,155
Maintenance Worker I $4,073 $4,277 $4,490 $4,716 $4,951
Maintenance Worker II $4,277 $4,490 $4,716 $4,951 $5,202
Maintenance Worker III $4,716 $4,951 $5,202 $5,461 $5,737
Street LightinQ Worker $4,819 $5,060 $5,313 $5,579 $5,858
S I En f 07/01/09
aary eClve
Classification Step 1 Step 2 Step 3 Step 4 Step 5
Equipment Mechanic $5,241 $5,503 $5,778 $6,067 $6,370
Maintenance Worker I $4,215 $4,427 $4,647 $4,881 $5,124
Maintenance Worker II $4,427 $4,647 $4,881 $5,124 $5,384
Maintenance Worker III $4,881 $5,124 $5,384 $5,653 $5,937
Street Lighting Worker $4,988 $5,237 $5,499 $5,774 $6,063
28
( '3 -)3
Sideletter Agreement:
ATTACHMENT C
In the event that legislation is enacted allowing the City of Cupertino to reduce retiree
medical costs for new hires, the parties agree to reopen negotiations solely for the purpose of
implementing cost savings measures for new hire retiree medical.
Approval of Sideletter:
OPERATING ENGINEERS LOCAL
UNION No.3
CITY OF CUPERTINO
Cindy Martinez
David W. Knapp
Brian Gathers
Carol A. Atwood
Ty Bloomquist
Sandy Abe
Mike Drake
Bob Rizzo
Russ Polito
Bill Pope
Date:
Date:
Reviewed by City Attorney
Date:
Charles T. Kilian
29
[1-~
RESOLUTION 07- 0&9
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CUPERTINO AMENDING RESOLUTION NO. 05-106,
UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM
WHEREAS, the City Council desires to amend the Unrepresented Employees' Compensation
Program.
NOW, THEREFORE, BE IT RESOLVED that the Unrepresented Compensation Program be
amended as shown in Attachment "A" which is incorporated in this resolution by this reference.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino
this 17th day of April 2007 by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
( 3-))
Attachment "A"
City of Cupertino
UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 1
PROGRAM PURPOSE AND DEFINITIONS FOR ELIGIBILITY
It is City of Cupertino policy that those certain persons holding positions hereinafter
defined and designated either as management or confidential positions shall be eligible for
participation under the Unrepresented Employees Compensation Program as hereby adopted by
action of the City Council and as same may be amended or as otherwise modified from time to
time.
It is the stated purpose of this Compensation Program to give recognition to and to
differentiate those eligible employees from represented employees who achieve economic gain
and other conditions of employment through negotiation. It is the intent that through this policy
and those which are adopted or as may be modified or rescinded from time to time such
recognition may be given.
Eligibility for inclusion with this Compensation program is limited to persons holding
positions as management or confidential employees as defined under section 2.52.290 of the
Cupertino Municipal Code. These are as designated by the Appointing Authority and may be
modified as circumstances warrant.
Although subject to change in accordance with provision of the Personnel Code, the
positions in the following classifications have been designated as unrepresented.
MANAGEMENT AND CONFIDENTIAL CLASSIFICATIONS:
Classification Title
Accountant
Accounting Technician
Administrative Assistant
Assistant City Attorney
Asst. Director of Public Works - Engineering
Asst. Director of Public Works - Maintenance
Building Official
City Architect
City Clerk
City Manager
City Planner
Community Relations Coordinator
Deputy City Attorney
Deputy City Clerk
Director of Administrative Services
Director of Community Development
Director of Parks & Recreation
Director of Public Works
Environmental Programs Manager
Executive Assistant to the City Attorney
Executive Assistant to the City Manager
Finance Director
GIS Coordinator
Human Resources Analyst
Human Resources Director
Human Resources Technician
Information Technology Manager
1
1)- )~
MANAGEMENT AND CONFIDENTIAL CLASSIFICATIONS (Continued)
Network Specialist
Public Communications Manager
Public Works Projects Manager
Public Works Supervisor
Recreation Supervisor
Redevelopment/Economic Development Manager
Senior Civil Engineer
Web Specialist
Adopted by Action of the
City Council, April 1, 1974
Revised 10/74,3/78,6/81,6/82, 7/85, 7/87, 1/89, 7/90, 4/91, 5/91,
7/92,6/95,6/96, 7/99, 6/02, 7/04, 6/05, 04/07
2
17-57
City of Cupertino
UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM
Policy No.2
SALARY SCHEDULE
AND OTHER SALARY RATES
It is City of Cupertino policy that eligible persons under this Compensation Program shall
be compensated for services rendered to and on behalf of the City on the basis of equitably of pay
for duties and responsibilities assigned, meritorious service and comparability with similar work
in other public and private employment in the same labor market; all of which is contingent upon
the City's ability to pay consistent with its fiscal policies.
As rates of pay are developed through meet and confer processes subject to the underlying
provisions of the Pay Plan for administration purposes, so are those rates of pay included herein
as a part of this Compensation program. The inclusion herein of said rates and schedules does
not affect any effective dates or otherwise reflect on the approval processes required but is shown
as an integral part of this Program for completeness of record.
Adopted by Action
of the City Council
April 1, 1974
Revised 8/78, 7/79, 6/80, 7/92, 6/95
3
1]-)8
City of Cupertino
UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM
Policy No.3
TRAINING AND CONFERENCES
1. POLICY
A. Management Personnel
It is City of Cupertino policy that eligible persons, other than the City Manager, under this
Compensation Program shall be reimbursed in accordance with the schedules, terms and
conditions as set forth herein for attendance at conferences, meetings and training sessions as
defined below for each. It is the intent of this policy to encourage the continuing education
and awareness of said persons in the technical improvements and innovations in their fields
of endeavor as they apply to the City. One means of implementing this encouragement is
through a formal reimbursement schedule for authorized attendance at such conferences,
meetings and training sessions.
B. Non-Management Personnel
When authorized by a Department Head, a non-management person may attend a conference,
meeting or training session subject to the stated terms and conditions included herein for each
with payment toward or reimbursement of certain expenses incurred being limited to
authorized actual costs thereof.
II DEFINITIONS
A. Budgetary Limitations
Funding capability for payment toward or reimbursement of expenses incurred for attendance
at conferences, meetings and training sessions shall be limited to the amount appropriated as
a line item for each applicable amount.
B. Conferences
A conference is an annual meeting of a work related organization the membership of which
may be held in the name of the City of the individual.
4
1')--)7
C. Local Area
A local area is that within an approximate 100 mile radius or two hours drive of the City.
D. Meetings
A "meeting" shall mean a convention, conference, seminar, workshop, meal or like assembly
having to do with municipal government operations. An employee serving on a panel for
interviews of job applicants shall not come under this definition.
E. Training Session
A training session is any type of seminar or workshop the attendance at which is for the
purpose of obtaining information of a work related nature to benefit the City's operations or
to enhance the attendee's capabilities in the discharge of assigned duties and responsibilities.
III REIMBURSEMENT SCHEDULE
A. Registration
Registration fees for authorized attendance at a meeting or training session will be paid by the
City.
B. Transportation
When an expenditure is authorized or is eligible for reimbursement the City will pay
transportation costs from the attendee's home to the destination and return on the basis of the
costs for the nearest route by air at the air coach fare. Transportation costs also may include
limousine or taxi service to and from the attendee's home and the airport or for airport or
destination parking charges for personal automobiles so parked when such is used in lieu of
travel by air. Use of a personal automobile for City business shall be reimbursed at a rate per
mile then in effect for such use except in no case shall it exceed air coach fare.
Requests for car rentals must have prior approval by the City Manager for reimbursement.
Reimbursement for use of a personal automobile on City business within a local area will not
be made so as to supplement that already being paid to those persons receiving a monthly
mileage allowance.
5
13-&0
C. Hotel
Payments toward or reimbursement of hotel or lodging expenses is limited to the actual cost
of the room. Such payments or reimbursements shall not be made for hotel or lodging
expense when incurred within the local area. Exceptions to this requirement shall be for
attendance at the Annual League of California Cities Conference and for those nights when
attendance at other conferences, meetings and training sessions official functions would
preclude the return to the City by the attendee within two hours after the end of the normal
working day.
D. Other Expenses
Payments toward or reimbursement of expenses at such functions shall be limited to the
actual costs consistent with the application of reasonable standards.
Costs of special luncheon or dinner meetings or other programs on the agenda and not
covered by registration fees may be paid or reimbursed in addition to this daily allowance
when approved by the City Manager.
Other reasonable expenses related to business purposes shall be paid consistent with this
policy.
No payments shall be made unless, where available, receipts are kept and submitted for all
expenses incurred. When receipts are not available, qualifying expenditures shall be
reimbursed upon signing of an affidavit of expenditure.
No payment shall be made for any expenses incurred which are of a personal nature or not
within a standard or reasonableness for the situation as may be defined by the City Manager.
IV ATTENDANCE AUTHORIZA nON
A. Budgetary Limitations
Notwithstanding any attendance, authorization contained herein, reimbursement for expenses
incurred or expenditures made relative to conferences, meeting or training sessions shall not
exceed the budgetary limitations.
6
{3-&1
B. Conference Attendance
Attendance at conferences or seminars by employees must be approved by the Department
Head or the City Manager.
C. Meetings
Any employee, management or non-management, may attend a meeting when authorized by
the Department Head.
D. Training Sessions
Any employee, management or non-management, may attend a training seSSIOn when
authorized by the Department Head.
V. FUNDING
A. Appropriation Policy
It shall be the policy of the City to appropriate funds subject to availability of resources.
B. Training Sessions
Payments toward or reimbursement of expenses incurred in attendance at training sessions,
will be appropriated annually through the budget process.
There also will be an appropriation to the Department of Parks and Recreation each year to be
used as payment toward or reimbursement of expenses incurred for its in-service training
program.
Excluded from this funding capability is that amount to be determined each year and
appropriated to the Personnel Division for costs incurred in training programs of a general
nature and applicable to all employees.
Revised 7/83, 7/85, 7/87, 7/88, 7/91, 7/92
7
13- if ~
City of Cupertino
UNREPRESENTED EMPLOYEES' COMPENSA nON PROGRAM
Policy No.4
AUTOMOBILE ALLOWANCES AND
MILEAGE REIMBURSEMENTS
It is City of Cupertino policy that eligible persons under this Compensation Program shall
be compensated fairly for the use of personal automotive vehicles on City business. In many
instances the use of personal vehicles is a condition of employment due to the absence of
sufficient City owned vehicles for general transportation purposes. It is not intended, however,
that such a condition of employment should work an undue hardship. For this reason, the
following policies shall apply for mileage reimbursements.
Those persons who occasionally are required to use their personal automobiles for City
business shall be reimbursed for such use at an appropriate rate established by the City Council.
Submission of reimbursement requests must be approved by the Department Head.
Employees in the following classifications shall be paid on a monthly basis the following
automobile allowance:
Classification
City Manager
City Attorney
Director of Administrative Services
Director of Community Development
Director of Parks and Recreation
Director of Public Works
Assistant Director of Public Works
City Clerk
Human Resources Director
Public Communications Manager
City Architect
Traffic Engineer
Recreation Supervisor
Executive Assistant to the City Manager
Allowance
$350.00
350.00
300.00
300.00
300.00
300.00
250.00
250.00
250.00
250.00
250.00
250.00
200.00
200.00
Employees receiving automobile allowance shall be eligible for reimbursement for travel
that exceeds two hundred miles round trip.
Adopted by Action of the City Council
April 1, 1974
Revised
7/74,5/79,6/80, 7/81, 8/84, 7/87, 1/89, 7/90,
7/92,6/96,8/99,6/00,9/01, 1/02,6/02
8
(3-&5
City of Cupertino
UNREPRESENTED EMPLOYEES ' COMPENSATION PROGRAM
Policy No.5
ASSOCIA nON MEMBERSHIPS AND
PROFESSIONAL PUBLICATIONS
It is City of Cupertino policy that eligible persons under this Compensation Program shall
be entitled to City sponsored association memberships as well as receiving subscriptions to
professional and technical publications. Such sponsorship, however, shall be conditioned upon
the several factors as set forth below.
Each association for which membership is claimed must be directly related to the field of
endeavor of the person to be benefited. Each claim for City sponsored membership shall be
submitted by or through the Department Head with their concurrence to the City Manager for
approval.
Subscriptions to or purchase of professional and technical publications may be provided
at City expense when such have been authorized by the Department Head providing the subject
matter and material generally contained therein are related to municipal governmental operations.
Adopted by Action of
the City Council
April 1, 1974
Revised
7/92
9
{ 3 -& V
City of Cupertino
UNREPRESENTED EMPLOYEES' COMPENSA nON PROGRAM
Policy No.6
OVERTIME WORKED
Management and non-represented professional employees are ineligible for overtime
payments for time worked in excess of what otherwise would be considered as a normal work
day or work week for other employees. However, no deduction from leave balances are made
when such an employee is absent for less than a regular work day as long as the employee has
hislher supervisor's approval. Nothing in this policy precludes the alternative work schedule,
which may include an absence of a full eight hour day, when forty hours have been worked in the
same seven day work period.
Adopted by Action of the City Council
April 1, 1974
Revised
6/80, 7/91, 7/92, 6/96, 7/97, 4/07
10
13-~J
City of Cupertino
UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM
Policy No.7
HEALTH BENEFITS PLAN - EMPLOYER CONTRIBUTION
It is the policy of the City of Cupertino to provide group hospital and medical insurance
under which employees in Management and Confidential positions and their dependents may be
covered. The purpose of this program is to promote and preserve the health of employees and
their families through comprehensive health plans available only through employer sponsorship.
Although the premium cost for the insurance provided remains the ultimate responsibility
of the employee in these positions, the City shall contribute the amounts listed below towards the
premium or pay the full cost of the premium if less than the stated amounts. If the premium
amounts for any employee covered by this policy are less than the amounts listed below per
month, the difference between the premium amount and the stated amounts will be included in
the employee's gross pay. 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.
Medical Insurance Coverage Level City Contribution
Employee 702.00
Employee + 1 762.00
Employee +2 802.00
Adopted by Action of
the City Council
September 16, 1974
Revised
7/75, 7/76, 7/77, 8/78, 7/79, 6/80, 6/81, 7/81, 6/82, 7/83, 7/84,
7/88, 7/89, 7/90, 7/91, 7/92, 6/95, 7/97, 7/99, 6/00, 6/02, 7/04, 6/05, 4/07
11
( )-&~
City of Cupertino
UNREPRESENTED EMPLOYEES' COMPENSA nON PROGRAM
Policy No.8
FLEXIBLE HOLIDA YS
It is the policy of the City of Cupertino to recognize days of historical and national
significance as holidays of the City without loss of payor benefits. Recognizing the desirable
times throughout the year, it is the policy of the City of Cupertino to provide days off in lieu of
holidays for management and confidential employees at such times as are convenient for each
employee and supervisor, when such policy is compatible with the workload and schedule of the
City.
Employees occupying these positions shall be provided 20 hours per calendar year as
non-work time with full pay and benefits. Employees may accumulate flexible holiday hours up
to two times their annual accrual.
Adopted by Action of
the City Council
July 7, 1975
Revised 6/80, 6/89, 7/92, 7/99
12
{1-67
City of Cupertino
UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM
Policy No.9
LIFE AND LONG TERM DISABILITY INSURANCE
It is the policy of the City of Cupertino to make available group insurance for
Management and Confidential employees that will mitigate the personal and family financial
hardships resulting from continuing disability that prevents an employee from performing
gainfully in his or her occupation. It is further the policy of the City of Cupertino to provide life
insurance benefits in an amount of two and one half times the employee's annual salary to a
maximum of $250,000.00.
Employees occupying unrepresented positions may enroll in the disability income
program and the life insurance program offered if eligible under the contract provisions of the
policy and the personnel rules of the City. The full cost of premiums for these programs shall be
paid by the City for such employees.
Adopted by Action of
the City Council
September 16, 1976
Revised 7/76, 6/80, 6/81. 6/82, 6/92
13
( 3--u 0
City of Cupertino
UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 10
DEFERRED COMPENSATION
It is the policy of the City of Cupertino to provide equitable current compensation and
reasonable retirement security for management and confidential employees for services
performed for the City. The City participates in the California Public Employees' Retirement
System (PERS) and deferred compensation plans have been established. Both the employee and
employer may make contributions from current earnings to these plans. The purpose of this
policy is to promote means by which compensation may be provided in such manner and form to
best meet the requirements of the City and the needs of individual employees, thereby increasing
the ability, to attract and retain competent management and confidential employees.
The City shall maintain and administer means by which employees in these positions may
defer portions of their current earnings for future utilization. Usage of such plans shall be subject
to such agreements, rules and procedures as are necessary to properly administer each plan.
Employee contributions to such plans may be made in such amounts as felt proper and necessary
to the employee. Employer contributions shall be as determined by the City Council.
Adopted by Action of
the City Council
July 7, 1975
Revised 6/80, 7/87, 7/92, 7/99
14
( 3 -/; 1
City of Cupertino
UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 11
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CONTRIBUTION
The City agrees to pay the employee's contribution rate to the California
Public Employees Retirement System (CaIPERS) not to exceed 7.0% of applicable salary
until the City implements the CalPERS 2.7% @ 55 retirement formula. The City will
amend its contract with CalPERS and will implement 2.7% @ 55 with an estimated
effective date of December 22, 2007 if CalPERS contract amendment requirements
(including a secret ballot employee election with majority approval) are met, and
employees pay 2% of salary (ongoing) for the employee share of CalPERS retirement. At
the beginning of the pay period in which 2.7% @ 55 becomes effective, the City agrees to
pay the employee's contribution rate to CalPERS 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
Adopted by Action of
the City Council
June, 1981
Revised 6/87,6/89, 7/90, 7/91, 7/92, 6/03, 7/04, 4/07
15
(3-;D
City of Cupertino
UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 12
DENTAL INSURANCE - EMPLOYER CONTRIBUTION
It is the policy of the City of Cupertino to provide dental insurance under which
employees in Management and Confidential positions and their dependents may be covered. The
purpose of this program is to promote and preserve the health of employees.
The premium cost for the insurance provided by the City shall not exceed $77.26 per
month per employee. Enrollment in the plan or plans made available pursuant to this policy shall
be in accordance with Personnel Rules of the City and the provisions of the contract for such
insurance between the City and carrier or carriers.
Adopted by Action of
City Council
July 1, 1983
Revised 7/87, 7/88, 7/89, 7/90, 7/91, 7/92, 6/95, 7/99, 4/07
16
13-11
City of Cupertino
UNREPRESENTED EMPLOYEES' COMPENSA nON PROGRAM
Policy No. 13
ADMINISTRATIVE LEAVE
The City Manager, City Attorney, and department heads shall receive forty (40) hours of
administrative leave with pay per year. Unrepresented employees exempt from the provisions of
the Fair Labor Standards Act shall receive twenty-four (24) hours of administrative leave with
pay per year.
Employees may accumulate administrative leave hours up to their annual accrual.
Employees shall be eligible to convert administrative leave hours to pay one time each
calendar year.
Adopted by Action of
the City Council
July, 1988
Revised
7/92, 7/97, 7/99
17
( ].-- l J-
City of Cupertino
UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 14
EMPLOYEE ASSISTANCE PROGRAM
It is the policy of the City of Cupertino to provide an Employee Assistance Program for
the benefit of Management and Confidential employees and their eligible dependents. The
purpose of this program is to provide professional assistance and counseling concerning
financial, legal, pre-retirement, and other matters of a personal nature.
Adopted by Action of the City Council
June 17, 1996
18
(J--73
City of Cupertino
UNREPRESENTED EMPLOYEES' COMPENSA nON PROGRAM
Policy No. 15
PUBLIC SERVICE CREDIT - VACATION ACCUMULATION
The City Manager, City Attorney, and department heads shall earn vacation hours under
the same vacation accumulation schedule as all other employees. Credit shall be provided for
previous public sector service time on a year-for-year basis as to annual vacation accumulation.
Credit shall only be given for completed years of service. Public service credit shall not apply to
any other supplemental benefit. Employee(s) affected by this policy will have the responsibility
of providing certification as to previous public sector service.
Adopted by Action of the City Council
July 7, 1997
Revised 6/99
19
{ "3 -I Y
City of Cupertino
UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 16
HOUSING ASSISTANCE PROGRAM
Housing assistance will be offered to the City Attorney and department heads pursuant to
Resolution No. 99-070 as amended.
Adopted by Action of the City Council
July 7, 1997
Revised 7/99
20
( ) -7r
City of Cupertino
Unrepresented Employees' Compensation Program
Policy No. 17
VISION INSURANCE - EMPLOYER CONTRIBUTION
It is the policy of the City of Cupertino to provide vision insurance under which
employees and their dependents may be covered. The purpose of this program is to promote and
preserve the health of employees.
The premium cost for the insurance provided by the City shall not exceed $13.74 per
month per employee. Enrollment in the plan or plans made available pursuant to this policy shall
be in accordance with the provisions of the contract between the City and carrier or carriers
providing vision insurance coverage,
Adopted by Action of the City Council
July 1997
Revised 7/99, 6/02, 6/03
21
( }- 7 to
City of Cupertino
Listing of Unrepresented Classifications by
Salary Rate or Pay Grades
City Council
and
Planning Commission
Compensation
Effective July 1, 2007
ATTACHMENT A
(5- ,"7
CITY OF CUPERTINO
CLASSES AND POSITIONS/CITY COUNCIL
AND PLANNING COMMISSION
EFFECTIVE JUL Y 1, 2007
The salaries, wages or rates of pay for those officers and employees whose positions are exempt
under the provisions of the Cupertino Municipal Code, and members of the City Council and
Planning Commission, are set forth below. Only the City Council can modify these rates.
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Attornev $16,005
City Manaaer $17,458
Director of Administrative Services $11,412 $11,983 $12,582 $13,211 $13,872
Director of Community Development $10,728 $11,264 $11,827 $12,419 $13,040
Director of Parks and Recreation $10,728 $11,264 $11,827 $12,419 $13,040
Director of Public Works $11,645 $12,227 $12,838 $13,480 $14,154
Members of the City Council $618.85/month
Members of the PlanninQ Commission $50.00/meeting (maximum $200.00/month)
f)-It
CITY OF CUPERTINO
CLASSES AND POSITIONS BY PAY GRADE
MANAGEMENT CLASSIFICATIONS
EFFECTIVE JUL Y 1, 2007
Classification Step 1 Step 2 Step 3 Step 4 Step 5
Assistant City Attorney $7,167 $7,525 $7,901 $8,297 $8,711
Assistant Director of Public Works - Eng $9,258 $9,721 $10,207 $10,717 $11,253
Assistant Director of Public Works - Mtc $8,837 $9,279 $9,743 $10,230 $10,742
Building Official $8,452 $8,875 $9,318 $9,784 $10,273
City Architect $8,452 $8,875 $9,318 $9,784 $10,273
City Clerk $7,167 $7,525 $7,901 $8,297 $8,711
City Planner $8,452 $8,875 $9,318 $9,784 $10,273
Environmental Proarams Manager $7,060 $7,413 $7,784 $8,173 $8,582
Finance Director $8,452 $8,875 $9,318 $9,784 $10,273
Human Resources Director $8,452 $8,875 $9,318 $9,784 $10,273
Information Technology Manager $8,176 $8,585 $9,014 $9,465 $9,938
Public Communications Manager $7,167 $7,525 $7,901 $8,297 $8,711
Public Works Proiect Manaaer $7,167 $7,525 $7,901 $8,297 $8,711
Public Works Supervisor $6,449 $6,772 $7,110 $7,466 $7,839
Recreation Suoervisor $6,302 $6,617 $6,948 $7,295 $7,660
Redevelopment/Economic Development Mar $8,452 $8,875 $9,318 $9,784 $10,273
Senior Civil Enaineer $8,452 $8,875 $9,318 $9,784 $10,273
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CITY OF CUPERTINO
CLASSES AND POSITIONS BY PAY GRADE
CONFIDENTIAL CLASSIFICATIONS
EFFECTIVE JUL Y 1, 2007
Classification Step 1 Step 2 Step 3 Step 4 Step 5
Accountant $5,644 $5,926 $6,223 $6,534 $6,860
Accountina Technician $5,237 $5,499 $5,774 $6,063 $6,366
Administrative Assistant $4,702 $4,937 $5,184 $5,443 $5,716
Community Relations Coordinator $5,426 $5,697 $5,982 $6,282 $6,596
Deputy Citv Clerk $4,702 $4,937 $5,184 $5,443 $5,716
Executive Assistant to the Citv Attornev $5,144 $5,401 $5,671 $5,955 $6,253
Executive Assistant to the Citv Manaaer $5,144 $5,401 $5,671 $5,955 $6,253
GIS Coordinator $5,425 $5,697 $5,982 $6,281 $6,595
Human Resources Analvst $5,644 $5,926 $6,223 $6,534 $6,860
Human Resources Technician $5,237 $5,499 $5,774 $6,063 $6,366
I.T. Assistant $4,294 $4,509 $4,734 $4,971 $5,220
Network Specialist $5,426 $5,697 $5,982 $6,282 $6,596
Web Specialist $5,425 $5,697 $5,982 $6,281 $6,595
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