CC Resolution No. 99-189- RESOLUTION NO. 99- 189
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO ADOPTING 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 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 6th day of July, 1999 by the following vote:
VOTE
MEMBERS OF THE CITY COUNCIL
AYES: Burnett, Chang, Dean, James, Statton
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
APPROVED:
City Clerk
MEMORANDUM OF UNDERSTANDING
Cupertino City Employees' Association
and
City of Cupertino
July I, 1999 - June 30, 2002
CUPERTINO CITY EMPLOYEES' ASSOCIATION
Table of Contents
SECTION 1
SECTION 2
SECTION 3
SECTION 4
SECTION 5
SECTION 6
SECTION 7
SECTION 8
SECTION 9
SECTION 10
SECTION 11
SECTION 12
SECTION 13
SECTION 14
SECTION 15
NO DISCRIMINATION
SALARY SCHEDULE
OUT-OF-CLASS WAGE PAY
HOURS OF WORK
4.1 Hours of Work Defined
4. 2 Overtime
4.3 Schedules
4. 4 Rest Periods
4. 5 Payment of Overtime
4. 6 Compensatory Time Off
4. 7 Leave Accruals
P.E.R.S. CONTRIBUTION
INSURANCE COVERAGE
6.1 Health - Medical Insurance
6.2 Dental Insurance
6.3 Life Insurance
6. 4 Long Term Disability
6. 5 Vision Care Insurance
HOLIDAYS
7.1 Fixed Holidays
7. 2 Floating Holidays
7.3 Holiday Pay
TEMPORARY DISABILITY BENEFITS 7
8.1 Use of Sick Leave to Supplement Disability Payments 7
8.2 Use of Sick Leave for Industrial Injury Medical Appointments 7
VACATION 7
SICK LEAVE 7
FAMILY LEAVE 9
PERSONAL LEAVE
BEREAVEMENT LEAVE
MILITARY LEAVE
PREGNANCY DISABILITY LEAVE
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SECTION 16
SECTION 17
SECTION 18
SECTION 19
SECTION 20
SECTION 21
SECTION 22
SECTION 23
SECTION 24
SECT1ON 25
SECTION 26
SECTION 27
SECTION 28
ADOPTION LEAVE
CATASTROPHIC LEAVE
ABSENCE NOTIFICATION
TRAINING & TUITION REIMBURSEMENT
CITY SPONSORED RECREATION PROGRAMS
DUE PROCESS
LAYOFFS
REINSTATEMENT
CONTINUATION OF BENEFITS
SEPARABILITY
RATIFICATION
EXTENDED BENEFITS
TERM
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF CUPERTINO
AND
CUPERTINO CITY EMPLOYEES' ASSOCIATION
This agreement, entered into the 1st day of July, 1999 between the City of Cupertino,
hereinafter referred to as "City", and representatives of the Cupertino City Employees'
Association, hereinafter referred to as "Association", pursuant to California Government
Code 3500 et seq., and the City Employer - Employee Relations Policy (Cupertino
Municipal Code 2.52.280 et seq.). The Association is the recognized sole and exclusive
representative. This agreement represents the full and integrated agreement reached
between the parties.
SECTION 1: NO DISCRIMINATION
City and Association agree they shall not discriminate in any way on account of
race, color, creed, religion, sex, age, national origin, political affiliation, sexual
preference, disability, or for Association activity.
SECTION 2: SALARY SCHEDULE
a. The following approximate monthly salary ranges will apply for each
classification effective at the beginning of the pay period in which July 1, ! 999
occurs.
Classification Approximate Monthly Salary Range
Account Clerk $3226 - $3921
Administrative Clerk $3394 - $4127
Assistant Civil Engineer $4834 - $5875
Associate Planner $4881 - $5931
Building Inspector $4819 - $5857
Code Enforcement Officer $3497 - $4250
Engineering Technician $4118 - $5006
Environmental Programs Asst. $4147 - $5040
Facility Attendant $2455 - $2984
Office Assistant $2712 - $3297
Planner I $4223 - $5133
Planner II $4551 - $5532
Producer $3280 - $3987
Program/PromotionsDirector $2954 - $3591
Public Works Inspector $4819 - $5857
Receptionist/Clerk $2455 - $2984
Recreation Coordinator $3273 - $3980
Senior Building Inspector $5148 - $6258
Senior Engineering Technician $4438 - $5395
Senior Traffic Technician
Special Program Coordinator
Traffic Signal Technician
Traffic Technician
$4438-$5395
$3012-$3661
$4619-$5614
$4118-$5006
The City will perform total compensation surveys in 2001 and 2002 with
adjustments, if any, effective July 1, 2001 and July 1, 2002. The following Santa
Clara County cities will be used in the total compensation survey.
Campbell Los Gatos Mt. View Santa Clara
Gilroy Milpitas Palo Alto Saratoga
Los Altos Morgan Hill San Jose Sunnyvale
c. Comparable classifications must be found in at least six (6) cities for a benchmark
classification to be considered.
d. The City of Cupertino will place in the top four cities in total compensation for
each benchmark classification.
e. Any total compensation adjustment for a benchmark classification to place in the
top four cities will also be provided to classifications related to the benchmark as
set forth below:
Account Clerk
Assistant Civil Engineer
Office Assistant
Administrative Clerk
Receptionist Clerk
Building Inspector
Public Works Inspector
Sr. Building Inspector
Planner II
Associate Planner
Planner I
Code Enforcement Officer
(Alternate - Building Inspector)
Facility Attendant
(Alternate - Office Assistant)
Engineering Technician
Sr. Engineering Technician
Sr. Traffic Engineer
Traffic Technician
Producer
Program/Promotions Director
(Alternate - Planner II)
Recreation Supervisor*
Recreation Coordiriator
Special Program Coordinator
Traffic Signal Technician
(Alternate - Eng. Technician)
Environmental Programs Assistant
(Alternate - Engineering Technician)
*Not in representation unit
A total compensation adjustment based on the Consumer Price Index for Urban
Wage Earners and Clerical Workers (CPI - W) San Francisco, Oakland, San Jose
(Bay Area) for the April 1999/April 2000 period will be made effective at the
beginning of the pay period in which July 1, 2000 occurs, providing said total
compensation adjustment is not less than three percent (3.0%) and not more than
five percent (5.0%).
A total compensation adjustment based on the CPI - W (Bay Area) for the April
2000/April 2001 period will be made effective at the beginning of the pay period
in which July 1, 2001 occurs, providing said total compensation adjustment is not
less than three percent (3.0%) and not more than five percent (5.0%).
SECTION 3: OUT-OF-CLASSIFICATION PAY
Temporary assignment, approved in advance by the departmeht head, to a
classification in a higher pay grade shall be compensated at the Step I 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: HOURS OF WORK: OVERTIME
4.1 Hours of Work Defined
Hours worked shall include all time not under the control of the employee
whether such hours are worked in the City's work place, or in 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.
4.2 Overtime
Overtime shall be defined as any work in excess of 40 hours in a seven day work
period. Holidays and paid time offshall 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.
4.3
Schedules
It will be a management responsibility to schedule the hours of work for each
employee covered by this agreement. Except in unforeseen circumstances,
changes in employee's hours of work will be made after ten days prior notice.
4.4 Rest Periods
Each employee shall be granted a rest period of fifteen minutes during each work
period of more than three hours duration. No wage 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.
4. 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.
4.6 Compensatory Time Off
At the employees discretion, compensatory time off may be granted for overtime
worked at the rate of time and one-half for each hour worked in lieu of
compensation in cash. Employees who have previously earned compensatory
time, shall be allowed to schedule compensatory time off at dates of the
employee's selection provided: 1) that prior supervisory approval has been
obtained, and 2) the request is made in writing.
Compensatory time may be accrued up to 60 hours. Any compensatory time
earned exceeding 60 hours will be paid in cash at the rate of time and one-half.
An employee may exercise his/her option one time each calendar year to
convert any/or all accumulated compensatory time to cash.
4. 7 Leave Accruals
An employee shall not accrue leave credits (vacation, sick leave) during a pay
period if off without pay for more than 40 hours during said pay period.
SECTION 5: P.E.R.S. CONTRIBUTION
The City agrees to pay the employee's contribution rate to the Public Employees
Retirement System not to exceed 7.0% of applicable salary.
SECTION 6: INSURANCE COVERAGE
6.1 Health - Medical Insurance
City agrees to pay an amount as set forth hereinfor medical coverage for employee
and dependents through the Meyers-Geddes State Employees Medical and
Hospital Care Act. For each participating employee, the City shall contribute
toward premium cost the following amount per month during the term of this
agreement:
July 1, 1999 - $500.00
July 1, 2000 - $550.00
July 1, 2001 - $600.00
Required contribution amounts exceeding the premium contribution of the City
are the responsibility of the employee. In instances where the premium for the
insurance plan selected is less than the City's maximum premium contribution,
the difference will be added to the employee's bi-weekly compensation during the
first two pay periods of each month.
The City reserves the right of selection and administration as to deferred
compensation plan(s).
If during the term of this agreement, modifications am made to the Federal tax
Code which would result in any of the medical insurance provided be subject to
taxation, the contract will be re-opened for the purposes of adjusting the salary
and medical benefits so long as it does not result in an increase or decrease in the
total compensation.
6. 2 Dental Insurance
City agrees to pay $74.47 per month for employees and their dependents.
Life Insurance
City shall provide life insurance and accidental death and dismemberment
coverage for each employee in the amount of two and one half times annual salary
to a maximum benefit of $250,000. Employees may be eligible to purchase
additional life insurance subject to the provisions of the insurance policy.
Long Term Disability Insurance
The City shall provide Long Term Disability (LTD) insurance for employees.
LTD income protection coverage shall be up to $6000 of covered monthly salary.
Employees may us sick leave and/or vacation leave to supplement lost salary
during the 60 day elimination period.
6. 5 Vision Care Insurance
The City shall provide Vision Care Insurance for employees and their dependents
at a cost of $13.90 monthly.
SECTION 7: HOLIDAYS
Z 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. Washington's Birthday
3. Memorial Day
4. Independence Day
5. Labor Day
6. Veteran's Day
7. Thanksgiving Day
8. Day following Thanksgiving
9. Christmas Eve - half shift
10. Christmas Day
11. New Year's Eve - half shift
12. Martin Luther King Day
When a holiday falls on a Saturday, the preceding Friday shall be observed as the
non-work day. When a.holiday falls on a Sunday, the 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.
7. 2 Floating Holidays
In addition to the foregoing paid holidays, eligible employees shall earn 20 hours
of holiday leave per year that may be used in increments of no less than one hour.
Holiday leave shall be taken at the discretion of the employee subject to prior
supervisory approval.
Effective July 1, 1999 each employee will be credited with ten (10) hours of
holiday leave. Each pay period thereafter an employee will be credited with .77
hours of holiday leave. Holiday leave may be accumulated up to 40 hours.
7.3 Holiday Pay
In ord6r for an employee to receive his/her regular pay for a holiday or designated
non-work day, work must be performed on the regular scheduled day before and
the regular scheduled day after the holiday or designated non-work day.
Employees on vacation, injury leave, approved short term leave of absence, with
or without pay, or who submit satisfactory evidence of personal illness shall be
considered as working their regular schedule for pay purposes.
SECTION 8: TEMPORARY DISABILITY 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.
8.1 Use of Sick L~ave to Supplement Temporary (not held) Disability Payments
Any employee entitled to receive temporary disability payments may elect to
supplement such payments with an amount not to exceed that which is the
employee's weekly earnings or weekly earning capacity by use of sick leave
payments to the extent that such sick leave has been accrued to the employee's
account.
8. 2 Use of Sick Leave for Industrial Injury Medical Appointments
An employee who is required to see a physician regarding the injury during
regularly scheduled work hours may use sick leave credits for appointment(s). If
the medical appointment is scheduled during the last hour of the regularly
scheduled work day an employee will not be required to use sick leave credits for
said appointment. The last hour provision shall be limited to one time during any
Monday through Friday work period.
SECTION 9: VACATION
All employees, other than those holding temporary status, whose work assignment is
of a recurring nature of not less than a normal work week shall accrue vacation credit.
Accrued vacation credits may be taken with prior supervisory approval.
During the first three years of employment, an employee shall earn vacation credit on
the basis of 5/6 work day or the hourly equivalent, for each complete month of continuing
service.
During the fourth year of employment an employee shall earn vacation credit at the
rate of one-and one-fourth (1 1/4) work days or the hourly equivalent, for each complete
month of continuing service.
During the 10th year of employment an employee shall earn vacation credit at the rate
of one and five-twelfths (1 5/12) workdays or the hourly equivalent for each month of
completed continuous service.
During the fifteenth year of employment and thereafter, an employee shall earn
vacation credits at the rate of one and two-thirds (1 2/3) work days or the hourly
equivalent for each month of completed continuous service.
During the twentieth year of employment and thereafter, an employee shall earn
vacation credits at the rate of one and five sixths (1 5/6) work days or the hourly
equivalent for each month of continuous service.
An employee may accrue no more vacation credit than twice the annual rat.e being
earned.
Upon termination of employment, unused vacation may not be used to extend final
employment date beyond the annual rate being earned.
Represented employees may convert, up to two times per calendar year, unused
vacation time for payment subject to the following conditions:
1. The employee must have a minimum of 120 hours of accrued vacation
immediately prior to a conversion.
2. Any payment for accrued vacation hours will be subject to taxes as determined
by law.
3. Minimum exchange will be one day, maximum exchange will be ten days.
All exchanges are irrevocable.
4. A maximum of 80 hours of accrued vacation may be converted for pay during
a calendar year.
SECTION 10: SICK LEAVE
All full time employees, other than those holding temporary status, shall earn eight
(8) hours per month sick leave time without limit on accumulation. Those permanent
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
sigkness or injury to the immediate family.
Immediate family is defined as spouse and children. Employees shall, whenever
possible, make appointments for medical, dental and similar purposes on non-work hours.
If this is not possible, sick leave may be used for these purposes.
With proper notice and approval of the supervisor, sick leave shall be taken in periods
of no less than one-half hour increments.
10.1 SickLeave Conversion
10.2 Sick leave is not vested under California statutory law.
10.3 At the time of termination, the value of non-vested hours is converted to an
incentive compe, nsation bank equal to the employee's base hourly rate at the
time of termination.
10.4
If upon retirement an employee has a minimum of 320 non-vested hours,
payment shall be made for eighty-five percent (85%) of the value of the
incentive compensation bank.
10.5
If upon resignation an employee has a minimum of 320 non-vested hours,
payment shall be made for seventy percent (70%) of the value of the incentive
compensation bank.
10.6
Represented employees will have the option, subject to approval of the
department head, of converting sick leave to vacation leave on a two-to-one
basis. The maximum allowable exchange will be 96 hours of sick time for 48
hours of vacation leave per calendar year. The minimum exchange will be 8
hours sick leave for 4 hours of vacation.
An employee may convert sick leave in excess of 320 hours to vacation
leave on a one-to-one basis with a maximum of 48 hours and a minimum of 4
hours.
As a condition of converting sick leave to vacation, all employees will be
required to use at least one-half of the vacation accrued during 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
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will be allowed previously converted only for previously converted sick
time to vacation and will not be permitted for regularly accrued vacation
time.
If an employee, after converting sick leave to vacation time, exhausts all of
his/her remaining sick leave due to injury or illness, he/she may make a
written request to the department head to re-convert vacation time to sick
leave on a reverse ratio basis. Approval will be subject to an assessment
by the department head.
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 ration" is intended to mean that the ratio of
sick leave to vacation will revert to the original ration at the time the initial exchange was
implemented.
SECTION 11: FAMILY LEAVE
The City of Cupertino will be in compliance with State and Federal Family Leave
laws.
SECTION 12: 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 13: BEREAVEMENT LEAVE
Employees shall be granted paid bereavement leave not to exceed three (3) work
days upon the occasion of death of a close relative. Close relatives are defined 'as mother,
father, sister, brother, wife, husband, child, grandparent, grandchildren, mother-in-law
and father-in-law.
SECTION 14: MILITARY LEAVE
Military leave shall be granted in accordance with the provision of State law. All
employees entitled to military leave shall give their supervisor an opportunity within the
limits of military requirements, to determine when such leave shall be taken.
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SECTION 15: 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.
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 16: 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 17: CATASTROPHIC LEAVE
a. The City's Catastrophic Leave Committee will evaluate each individual case
when it is submitted to qualify to receive funds. The only limitation is that the
employee must be the one facing the illness. The committee has the right to
establish standards for the granting of leave, and ask the applicant to submit
further documentation from their physician, and to determine the applicant's
eligibility for catastrophic leave.
b. All benefited employees who have passed initial probation with the City will be
eligible to receive assistance. An employee does not have to be a contributor to
be eligible.
c. A recipient must have used all 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 mount is two months (LTD becomes available at this time).
e. Vacation hours and compensating time off(CTO) hours are the only leave of
absence credits which may be donated. An employee may not donate leave of
absence credits which would reduce his/her total accrued leave balances to
less than 120 hours. Leave credits may be donated in any pay period. All
leave donations are irrevocable.
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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 their regular pay.
An employee or their representative must complete a prescribed application form
together with supporting medical documentation to the Human Resources Division
when applying for funds.
SECTION 18: 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 grounds for disciplinary action 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 19: 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 indlude the type of training, sponsoring organization
or institution, meeting times and costs.
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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 20: CITY SPONSORED RECREATION PROGRAMS
City employees shall have the privilege of enrollment in City sponsored recreation
programs at City residents' fee structure and in preference to non-residents wishing to
enroll.
SECTION 21: DUE PROCESS
In each and every instance involving the issuance of waming notices, suspensions
or the dismissal or discharge of an employee, such will not be effectuated without the
employee first having been given, in writing the basis for such action being taken and the
opportunity to question the reasons therefore of his/her supervisor or department head.
Said opportunity shall be as soon as is practical after having been served the written
notice and shall not constitute any limitation otherwise available through the grievance or
appeal procedures. Any written warning in an employee's file will be removed from the
file after three years.
SECTION 22: LAYOFFS
Layoffs of employees may be made by the Appointing Authority for lack of
funds, lack of work or for other similar and just cause. The order of layoff shall be that
which, in the opinion of the Appointing Authority, will cause the lease disruption of
service to the City.
Unless otherwise prevented from doing so as a result of conditions or situations
beyond the City's control, the City will provide a minimum of thirty (30) days notice to
any employee subject to being laid off pursuant to the Rule on layoffs.
SECTION 23: REINSTATEMENT
The names of employees affected by layoff shall be placed on recall list for a
period of two years in the reverse order of layoff and shall have the first opportunity for
reinstatement.
Failure to respond within ten days to a written notice of such opportunity shall cause
that name to be removed from the recall list.
With the approval of the Appointing Authority, a permanent 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.
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SECTION 24: 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 25: 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 26: 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 27: EXTENDED BENEFITS
It is understood and agreed that any more favorable total compensation package
agreed to by the City with any other bargaining unit of employees during the life of this
agreement will be extended to the Cupertino Employee's Association. The more
favorable terms will be incorporated into this agreement.
SECTION 28: TERM
This agreement shall be effective commencing at 12:01 A.M., July 1, 1999 and
ending at 11:59 P.M. June 30, 2002.
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CITY EMPLOYEES' ASSOCIATION CITY OF CUPERTINO
Diane E. Arrants
Donald D. Brown
Gary J. Kornahrens
Carol A. Atwood
Susan J. MacGowan
William J. Woska
Thomas R. Walters
Date:
Kellyn M. Yamada
Date:
Reviewed by City Attorney
Date
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