CC Resolution No. 8688
RESOllJI'ION NO.
8688
A RESOllJI'ION OF '!HE CITY CXXJNCIL OF '!HE CITY OF ~
ADOPl'ING A MEMJRANIXJM OF UNDE&STANDING BE:lWEEN '!HE CITY
OF aJPERl'INO AND '!HE aJPERl'INO mPlDYEES ASSOCIATION
WHEREAS, several discussions have been held aver proposals
concerrlln3 wages, hours and other conditions and teIna of
enployment between representataives of the City and of the
CUpertino Enployees Association recognized majority
representative of the Miscellaneous Unit; and
WHEREAS, the aYLo:=,ent IllUtually obtained through these
discussions has been recorded in the MeDDramum of Utx:lerstanding
signed by both parties, which menDramum has been subnitted to
the City Council f= aR'roval;
Na'l, 'lHEREFORE, BE IT RESOLVED that the city Council of the
city of CUpertino does hereby adopt the attached MeDDramum of
understanding between the city of CUpertino and the CUpertino
Enployees Association.
PASSED AND ADOPl'ED at a regular meeting of the city Council
of the City of CUpertino this 6th day of. JulY , 1992 by
the following:
vote
Members of the city Council
AYES:
Dean, Goldman, Szabo, Sorensen
NOES:
None
ABSENl':
Koppel
ABSTAIN:
None
APPROVED:
/s/ Lauralee Sorensen
Mayor, City of CUpertino
A:l'l:t.l>'T:
/s/ Dorothy Cornelius
city Clerk
aJPERl'INO EMPIDYEES ASSOCIATION
INDEX
Cat-""","" Section SUb;ect ~
NO DISCRIMINATION 1 No Discrimination 1
SAIARY SCHEWIE 2 Salary Schedule 1
eur-oF-cI1lSS ~ PAY 3 out-of-class Wage Pay 2
HOORS OF w:mK: 0VERl'IME 4 Hours of Work Defined 2
Schedules 2
Rest Periods 2
OVertime 3
Payment of O\Tertillle 3
~tory Tillie Off 3
P.E.R.S. CXlNl'RIElJI'ION 5 P.E.R.S. Contribrtion 4
INSURANCE cx:JVERAGE 6 Health - Medical Insurance 5
Dental Insurance 5
Life Insurance 6
lDR;J Term Disability 6
SAIARY <D1PARISON 7 Salary Calparison 6
HOLID1WS 8 Fixed Holidays 6
Floating Holidays 7
Holiday Pay 8
TEMroRARY DISABILITY' 9 'l'en'porary Disability Benefits 8
USE OF SICK lEAVE TO 9.1 Use of sick Leave to SUWlement 8
SUPPUMENI' TEMP. DISABILITY' Temporary Disability Payments 8
VACATION 10 Vacation 8
SICK lEAVE 11 sick Leave 10
PERSONAL lEAVE l2 Personal Leave 14
BEREAVEMENT lEAVE 13 Bereavement Leave 14
MILITARY lEAVE 14 Military Leave 14
PREGNANCY DISABILITY' lEAVE 15 Pregnancy Disability Leave 15
ADOPTION lEAVE 16 Adoption Leave 15
ear.....,.,,,,, Section SUbiect Paqe
CATAS'l'OOmIC lEAVE 17 eatastrophic Leave l6
ABSENCE NOl'IFICATION 18 Absence Notification 18
TRAINING AND 'lUITION 19 Trainirq and TUition 19
REIMBJRSEMENl' ReiJnl::ursement
CITY SKNSORED RErnEATION 20 City Sponsored Recreation 19
PRCX:iRAMS Programs
WE POOCESS 21 ~ Process 20
IAYOFFS 22 layoffs 20
REINSTATEMENl' 23 Reinstatement 21
<XlNTINUATION OF BEt-lJ:;r .nl::i 24 Continuation of Benefits 21
SEPARABILITY 25 Separability 21
RATIFICATION 26 Ratification 22
E}CI'ENOE[) BEt-lJ:;r .nl::i 27 Exten:led Benefits 22
TERM 28 Term 22
MEMJRANOOM OF UNDERSTANDING
BEIWEEN
CITY OF aJPERI'INO
AND
aJPERl'INO EMPIDYEES ASSOCIATIOO
'!his agreement, entered into the lst day of JulY ,1992
between the city of OJpertino, hereinafter refeITed to as "city",
and representatives of the C\lpertino Enployees Association,
hereinafter refeITed to as "Association" , sets forth the
agreement resulting from several discussions held between these
two parties concerning the wages, hours, tenns, and conditions of
arployment for the arployees of the Miscellaneous Enployees unit
of the City, for which the Association is the recx19nized sole and
exclusive representative. '!his agreement represents the full and
integrated agreement reached between the parties.
SECrION l: NO DISCRIMINATION
City and Association agree they shall not discriminate in any
way on account of race, creed, religion, sex, age, national
origin, political affiliation, sexual preference, or for
Association activity.
SECrION 2: SAIARY SOiEIXJIE
'!he City agrees to pay the rate for each classification
covered by this agreement, in the ran;res and steps of the
appropriate Schedule of Pay Grades effective July 1, 1992.
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SECTION 3: OOIY:)F-cIl\SS WAGE PAY
~rary assignment, approved in advance by the Department
Head, to a classification in a higher pay grade shall be
U-lll~.sated at the step 1 rate of the higher classification, or
at a. rate five percent greater than that of the the regw.ar
position, whichever is greater, for the number of hours so
assigned.
SECTION 4: HOORS OF ~RK: 0VERl'IME
Hours of Work Defined
Hours 1NOrked shall include all time not under the control of
the employee whether such hours are 'NOrked in the City's 1NOrk
place, or in sane other place where the employee is carrying out
the duties of the City.
'!he normal 1NOrk week: shall be 40 hours in seven days.
Schedules
It will be a management responsibility to schedule the hours
of 1NOrk for each employee covered by this iigLeement. Except in
unforseen circumstances, changes in employee's hours of 1NOrk will
be made after ten days prior notice.
Rest Periods
Each employee shall be granted a rest period of fifteen
minutes during each work period of I1Xlre 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.
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overtime
overtime shall be defined as any work in excess of regular
work hours defined above. Holidays and paid time off shall count
toward the aCCUlllllation 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 unforseen ci=Jmstances, overtime shall be approved after the
work is c:::arpleted.
Pavment of overtime
All approved overtime work perfonned by employees shall be
paid at the rate of one and one-half (l l/2) tilDes the nonnal
rate of pay. Work perfonned on regularly scheduled days off,
city Holidays or during an employee's ~ed vacation shall be
considered to be overtime and paid accordingly.
Compensatorv 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. Enployees who
have previously earned compensatory time, shall be allowed to
schedule compensatory time off at dates of the employee's
selection provided: l) that prior supervisory approval has been
obtained, and 2) it is taken prior to the first pay period in
D:cember and 3) the request is made in writing.
Compensatory time may be a=ued, up to 60 hours. Any
compensatory time remaining on the books after this time will be
paid off in cash at the rate of time and one-half.
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Arrj overtime worked after the first pay period in December
and before the first period of the next calerx:lar year IlIUSt be
paid off in cash at the rate of time and one-half.
SECTION 5: P.E.R.S. OJNI'RIIUl'ION
'Ihe City agrees to pay the E!\lIlloyee's =ntribution rate to
the Public Enployees Retirement System not to exceed 7.0% of
applicable salary. If during the term of this agJ:eemelit, PERS
credits to the city nonies as a result of AB702 free of legal
erTtan:Jlements, the City will return this IlCl'ley to E!\lIlloyees in
one payment as soon as it beccmes available.
Enployees agree to pay 1.5% of their salary for 1992-1993
into a trust fuJrl to offset the cost of the PERS amen:iment's
unfunded liability to be paid until 2011. F\1rthentDre E!\lIl1oyees
agree to pay .5% of their annual salary into the same trust fuJrl.
'!his payment would be made from any nonies, received as a result
of AB702. If no AB702 nonies are forthcaning, this obligation
( . 5% of annual salary) shall be continued until fiscal year
1993/1994.
F\1rtheIm:)re, should the PERS rate be lowered during the term
of this agreement, any resultant savings to the city will be
credited to the E!\lIlloyees by increasing the city's contribution
to the E!\lIlloyees health insurance premiums. 'Ihe City will pay to
employees covered by this agrearent a cash equivalent of any
credit from the effective date of the lowered rate to the first
month in which the City's increased contribution to health
insurance premiums. can be made.
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'Ihe remainder of the PERS surplus aOCXlllJrt: will be paid to
employees on a pro-rated basis as soon as the exact amount can be
reconciled with PERS.
SUbsequent adjustments will fluctuate with the PERS rate.
SECTION 6: INSURANCE 00\IERllGE
Fealth "- ~i...;,l Insurance - City agrees to pay a max:imnn of
$310.75 for medical coverage for employee and dependents through
the Meyers-('."".yj""" state Enployees Medical and Hospital Care 1lct.
Instances in which the premiUlll for medical and hospital
insurance plan selected by an employee is less than the City's
max:imnn premiUlll contrib.rt:ion, the City agrees to contribute a
sum, equal to the difference effective at that tillie, to a
deferred cx::tIpeI1Sation plan in the employee's name. 'Ihe City
retains the right of selection and administration over the plan
or plans utilized to defer cx::tIpeI1Sation.
Dental Insurance - City agrees to pay $53.90 per IIDl1th for
employees and their dependents.
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Life Insurance -
City shall provide life insurance and
accidental death and dismembennent coverage for each enployee in
the am:lUIlt of two and one half times annual salary to a maximum
benefit of $250,000.
Lema Term Disability Insurance - City agrees to pay that
premium now in effect for each enployee. Like other
non-in:lustrial disabilities, enployees may use sick leave and
vacation leave to ~lement lost wages.
SECTION 7: SAIAR:i cx::MPARISON
'!he City agrees to evaluate benchmark classifications prior
to renewal of this agreerrent for the pw:pcses of insuring
competative salaries.
SECTION 8: HOLID1'\YS
Fixed HolidaYS
'!he City shall provide the following fixed paid holidays for
eligible enployees covered by this agreerrent:
1. New Years Day
2. washington's Birthday
3. MenDrial Day
4. Indeperx:lence Day
5. labor Day
6. Veteran's Day
7. 'Ihanksgiving Day
8. Day following'lhanksgiving
9. <llristmas Eve - half shift
(only on regular work day)
lO. <llristmas Day
11. New Years Eve - half shift
(only on regular work day)
12. Martin Iuther Kirg Day
When a holiday or non-work day falls on a Saturday, the pI""'""Ming
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.
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Nothing contained herein shall preclude the right of the
Department Head with the approval of the Appointing Authority to
reschedule work assigronents or hours of work to meet emergency
situations and other administrative neces",ities caused by the
~ of a holiday or non-work day or period; provided,
however, that all such affected enployees are duly c:::cIIp3llSClted
for said rescheduled work assigmnents.
Floatin:r Holidavs
In addition to the foregoing paid holidays, eligible
enployees shall be allowed to schedule 20 hours to be used as
additional holiday leave not to be taken in increments of less
than 4 hours. '!his floating holiday leave shall be taken at
dates of the enployee's selection, provided: 1) that prior
supervisor approval be obtained, and 2) before the end of the
second pay period in December of each calemar year.
For new enployees, floating holiday leave will be pro-rated
in the following manner:
1. Eltployees hired after January 1 but before MardI. 31
shall be entitled to 20 hours floating holiday leave in
that calemar year.
2. Eltployees hired after April 1 but before September 30
will be entitled 10 hours of floating holiday leave
that calemar year.
3. Eltployees hired after October 1 but before December 31
will not be entitled to floating holiday leave in that
calemar year.
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HolidaY Pay
In order for an enployee to receive hisjher regular pay for a
holiday or designated non-work day, work JmJSt be perfonned on the
regular scheduled day before and the regular scheduled day after
the holiday or designated non-work day. Employees on vacation,
injury leave, aJ::Proved short teJ::m leave of absence, with or
without pay, or who sul:mit satisfactozy evidence of personal
illness shall be considered as working their regular schedule for
pay pnposes.
SECTION 9: TEMroRARY DISABILITY BEllu nS
~ errployee 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 nonnally assigned to that job is
entitled to receive tenp:lrary disability payments as prescribed
by state law.
SECTION 9.1: USE OF SICK lEAVE 'IO SUPPlEMENI'TEMroRARY
DISABILITY PAYMENI'S
~ errployee entitled to receive tenp:lrary disability
payments may elect to supplement such payments with an amunt not
to. exceed that which is the enployee's weekly earnings or weekly
earning capacity by use of sick leave payments to the extent that
SECTION 10: VACATION
All errployees, other than those holding tenp:lrary status,
whose work assigrnnent is of a recu.rring nature of not less than a
nonnal work week shall accrue vacation credit. After six IOOnths
of continuous errployment accrued vacation may be taken.
such sick leave has been accrued to the enployee's account.
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D.1ring the first three years of E!lTployment, an E!lTployee shall
earn vacation credit on the basis of 5/6 'NOrk day or the hourly
equivalent, for each CCIlplete m::mth of continuing service.
D.1ring the fourth year of E!lTployment an E!lTployee shall earn
vacation credit at the rate of one and one-fourth (1 1/4) work
days or the hourly equivalent, for each CCIlplete IOOIlth of
continuing service.
D.1ring the 10th year of E!Ilployment an eDployee shall earn
vacation credit at the rate of one and five-bielfths (1 5/12)
workdays or the hourly equivalent for each IOOIlth of "IA1'1""ted
continuous service.
D.1ring the fifteenth year of eDployment and thereafter, an
E!lTployee shall earn vacation credits at the rate of one and
tvIo-thirds (1 2/3) work days or the hourly equivalent for each
m::mth of CCIlpleted =ntinuous service.
D.1ring the twentieth year of E!lTployment ani t:hei:-eafter, an
E!lTployee shall earn vacation credits at the rate of one and five
sixths (1 5/6) work days or the hourly equivalent for each IlDnth
continious service.
. An E!lTployee may accrue no IlDre vacation credit than twice the
annual rate being eamed.
upon termination of E!lTployrnent, unused vacation may not be
used to exterr:i final E!lTployrrent date beyond the annual rate being
eamed.
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Represented errployees may convert, .on a once per calendar
year basis, unused vacation time for payment subject to the
following conditions:
1. '!he errployee must have an earned vacation of a mini1num of
15 days.
2. Arrj payments made for unused vacation will be subject to
all appropriate taxes and deductions as detennined by the
Finance Department.
3. Mini= ~e will be 1 day, maxiImJm ~e will be
5 days. All ~ are irrevocable. .
SECl'IOO 11: SICK lEAVE
All full time errployees, other than these holdirg te\tp:lrary
status, shall eam eight (8) hours per m:xrt:h sick leave time
without limit on accumulation. '!hose pennanent errployees working
less than full time (at least 20 hours per week) shall eam in
one m:xrt:h the number of hours of sick leave they 1NCUld nonnally
work in one day or the equivalent without limit on accumulation.
Employees absent without pay for any reason for IlDre than forty
(40) hours during a calendar IlDnth shall not eam sick leave
benefits for that IlDJlth.
Sick leave may be utilized due to the enployee's personal
illness, injury, maternity, or sickness or injury in the
ill1mediate family. IIlunediate 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.
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with proper notice and approval of the SlIpeJ:visor, sick leave
shall be taken in periods of no less than one-half hour
increments.
'!he City shall pay an employee for unused balance of sick
leave upon retirement, or termination for other than just cause,
a=rding to the following schedule:
1. If upon retirement, an employee has accrued 320 hours of
sick leave, whim shall require the fonnal filing of the
appropriate fonns with the Public Enployee's Retirement
System, a cash payment will be made equivalent to
seventy-five percent (75%) of the dollar value of the
unused sick leave. SUm payment to be calculated at a
wage rate whim is the average of the p1:ec-~irg five (5)
years for the employee.
2. If upon termination for other than discharge with a just
cause, an employee has 320 hours of accrued sick leave, a
cash payment will be made equivalent to fifty percent
(50%) of the dollar value of the unused sick leave
balance. '!he dollar value for sum payment shall be
calculated at a wage rate whim is the average of the
preceding five (5) years for the employee.
Represented employees will have the option, subject to
approval, of converting sick leave to vacation leave on a
two-to-one basis. '!he maximum allowable exchange will be 96
hours of sick tilre for 48 hours of vacation leave per calendar
'ear. 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.
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As a condition of converting sick leave to vacation, all
enployees will be required to use at least one-half of the
vacation accrued during the previous twelve =nths.
SUch conversion, either to excI1an:Je sick,leave for vacation
or vice versa shall be subject to the following conditions:
1. All requests to exchange sick leave for vacation time
shall be sul::mitted in writing to the Department Head at
least sixty (60) calendar days in advance of intended
vacation utilization.
2. 'Ihe granting of such exchange and subsequent use will be
at the discretion of the Department Head.
J. If twelve (12) =nths have elapsed since awroval of the
exchange of sick leave for vacation, ani the enployee has
not been permitted the use of the converted vacation
time, (after sul::mitting at least one written request for
utilization) the enployee will have the right to
re-convert the vacation time to sick leave in reverse
ratio to the original excI1an:Je. '!his exchange will be
allowed onlY for previously converted sick time to
vacation ani will not be permitted for regularly a=ed
vacation time.
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4. If an employee, after converting sick leave to vacation
time, exhausts all of hisjher 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 wil be Subject
to an assessment by the Department Head as to the
validity of the illness/injury and whether or not a
written Plysician's statement attestin; to the
illness/injury is required will be at the sole option of
the Department Head.
5. If the employee's vaqation accroal exceeds the maximum
allowable accroal, 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 =nverted sick leavejvacation and may not
exceed the arrount ~"O;"':ry to reduce the a=ued
vacation to the maximum allowable. Regularly accrued
vacation time will not be eligible for this re-conversion
to sick leave and aIry regularly accrued vacation time
accrued in excess of the maximum allowable will be
disallowed and not subject to utilization by the
employee.
NOI'E: As used in this d=ument, "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 inplemented.
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SECTION l2: PERSONAL lEAVE
'!he City shall allow twenty-foor (24) hairs of aCCUlllllated
sick leave per calendar year to be used for con:iucting personal
business which cannot be con:lucted outside regular working hairs.
'Ihe enployee must request leave, if non-emergenc:y, at least
forty-eight (48) hours (two working days) prior to the tiIre of
utilization on the fonn presently provided and with their
supervisor'S approval. In cases of emergency, the forty-eight
(48) hour notification pl:c:x::a.1ure may be waived by the imnedi.ate
supervisor provided the fonn is OCIlpleted and the reason for the
request is stated upon retum.
SECITON 13: BEREAVEMENl' 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 mather, father, sister,
brother, wife, husband, child, gran:1parent, grandchildren,
lOClther-in-law and father-in-law.
SECTION l4: MILITARY lEAVE
Military leave shall be granted in accordance with the
provision of state law.
All enployees entitled to military leave shall give their
supervisor an opportunity, within the limits of military
requirements, to detennine when such leave shall be taken.
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SECI'ION 15: PREXiNlINCY DISABILITY lEAVE
A pregnant employee is entitled up to four (4) !lKmths leave
of absence without pay for telrp:>rary disability resulting from
pregnancy, miscarriage, childbirth or recavery therefrom.
Elrployees shall take unpaid leave of absence duriIq such leave
except that aa::rued vacation pay and sick leave may be taken at
the option of the employee.
As with all other telrp:>rary disabilities, a physician's
certificate is required to verify the extent and duration of the
telrp:>rary disability.
An employee who plans to take a pregnancy leave IIIJSt give a
reasonable notice (not less than four (4) weeks) before the date
she expects to take the leave and the estimated duration of the
leave. '!he city will pay health and welfare benefits at the same
rate as prior to the leave until the employee is released by her
physician to return to work or for sixty (60) days, whichever
comes first.
SECTION l6: AOOPl'ION 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. '!he City will pay health and welfare
benefits at the same rate as prior to the leave.
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SECl'ION 17: CATAS'ffiOFHIC IFAVE
1. '!he City will fonn a ocmnittee to establish a definition of
catastrophic or life-threatening illness. 'Ibis ocmnittee will
evaluate each in:lividual case when it is sul:mi.tted to qualify
to- receive funds. '!he only limitation is that the employee
IlDJSt be the one facing the illness. '!he cxmnittee has the
right to ask the a~licant to sul:mi.t further documentation
fran their PtYsician to detennine the ~licant does suffer a
catastrophic or life-threatening illness.
2. All benefitted employees who have I"'.,.~ed 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 nust CCIlplete a
prescribed ~lication fonn together with SIJRlOrting medical
documentation to the Personnel Office when ~lying for
funds .
3. A recipient IlDJSt have used all of their available leave hours
before he/she is eligible.
4. '!he mi.ninum time an employee could receive funds WQJJ.d be one
week. '!he maxi.nann am:xmt is two m:mths (IlI'D becanes
available at this time) .
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5. Vacation leave will be the only leave that may be donated.
An enployee may not donate vacation leave hoors which W'Cllld
reduce hisjher total accrued leave balances to less than 120
hoors. All leave donations are irrevocable.
6. A: vacation transfer drive will be held once a year for
enployees to donate vacation leave. Transfers may be in
increments of 1 hour or I1Dre. All donations will be
confidential. 'lhere will be no selling or coercion of
enployees to donate. If the bank is depleted a vacation
transfer drive may be held at the request of the CCI11lIIi.ttee.
7. Donated vacation leave hoors will be oonverted to cash and
deposited in a tiIre-bank where it will be available for
distribution. Interest accruing fran the bank shall be
credited to the tiIre-bank. aleCks will be issued to the
recipient with the regular payroll, which will keep them in
an active enployment IIDde with the City. '!his procedure
prevents overpayments or corrections since it canes after the
actual leave has been taken. (Conversion allows for
adjustments for different rates of pay.) No enployee shall
receive payment for I1Dre than 100% of their regular pay.
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SECTION 18: ABSENCE NOI'IFICATION
An EllIIlloyee is expected not to absent himse1fjherself from
work for any reason other than personal illness without making
prior arran;ements with hisjher superviso+. Unless prior
arran;ements are made, an EllIIlloyee who, for any reason, fails to
report for work IlIlSt make a sincere effort to immediately notify
hisjher supervisor of his/her reason for being absent. If the
allsence, whether for personal illness or otherwise, is to
continue beyon:i the first day, the EllIIlloyee IlIlSt notify the
supervisor on a daily basis unless otherwise arran;ed with
hisjher supervisor. In proper cases, exceptions will be made.
Any unauthorized allsence of an enployee fran- duty shall be
deemed to be an allsence without pay _ and will be grcun:ls for
disciplinary action by the Department Head. In the allsence of
such disciplinary action, any EllIIlloyee who absents
himse1fjherself for three days or oore without authorized leave
shall be deemed to have resigned. SUch allsence may be covered,
however, by the Department Head by a following grant of leave
with or without pay when extenuating circumstances are fourxi to
have existed.
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SECl'ION 19
TRAINrnG AND 'lUlTION REIMIlJRSEMENl'
It is the intent of the City to recognize the value of
traini.m to its enployees; am to adopt a traini.m policy which
will encourage enployees to avail themselves of job related
educational uwu:tbmities that will advaooe their knowledge am
interests in the direction of their career with the city; am by
doin;J so to iJrprcve the !tmi.cipal Service. Enployees who wish to
seek reimbursement fran the City for traini.m Pl:"':lLCWl costs shall
provide a written request for reimbursement to their Deparbnent
Head. 'lhe form provided shall include the type of program,
sponsorin;J organization or institution, ~ times am costs
for such program.
Once a traini.m P:t~LCUIl has been awroved by the Deparbnent
Head any enployee covered by this Agreement W'OUl.d be eligible for
reimbursement unless funjs budgeted for this activity have been
e)(hausted. However, no enployee shall receive any reiInbursement
until they have provided satisfactoJ:y proof of S'lbcessful
CClIlpletion of the program.
SEcrION 20: CITY SroNSORED REX:REATION PRCX;Rl\MS
city enployees shall have the privilege of enrolllnent in city
sponsored recreation programs at City residents' fee structure
am in preference to non-residents wi.shirq to enroll.
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SECl'ION 2l: IXlE mocESS
In each am every instance invol vin;J the issuance of warnin;J
notices, suspensions or the dismissal or discharge of an
enployee, such will not be effectuated without the enployee first
havin;J been given, in writin;J the basis for such action bein;J
taken am the OWOrbmity to question the reasons therefore of
hisjher supervisor or Department Head. Said OWOrbmity shall be
as soon as is practical after havin;J been served the written
notice am shall not constitute any limitation otheIwise
available through the grievance or aweal procedures. Any
written warnin;J in an enployee's file will be raroved fran the
file after three years.
SECl'ION 22: lAYOFFS
layoffs of enployees may be made by the Awointin;J Authority
for lack of funjs, lack of work or for other similar am just
cause. 'lhe order of layoff shall be that which, in the opinion
of the Appointin;J Authority, will cause the least disroption of
service to the City.
Unless otheIwise prevented fran doin;J so as a result of
conditions or situations beyond the City's control, the City will
provide a mini.nJ..un of thirty (30) days notice to any enployee
subject to bein;J laid off pursuant to the Rule on layoffs.
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SECl'ION 23 REINS'I'ATEMENl'
'lhe names of enployees affected by layoff shall be placed on
a recall list for a period of two years in the reverse order of
layoff am shall have the first opporbmity for reinstatement.
Failure to respolld within ten days to a written notice of such
opporbmity shall cause that name to be reI'OClVed fran the recall
list.
With the approval of the Awointin;J Authority, a pennanent or
prOOationary enployee who has resigned with a good record may be
reinstated within twenty-four m:mths of the effective date of
resignation to a vacant position in the same or oc:mparable class
he/she previously occupied. Upon reinstatement, the errployee for
all p.1ZilOSe5, shall be considered as thoogh they had received an
original appoi.nbnent.
SECl'ION 24: <DNTINUATION OF mu:a. n:;
All tenns am conditions of eI\illoyment not otheIwise
contained herein shall be maintained at the starxiards in effect
at the tilre of execution.
SECl'ION 25: SEPARl\BILITll
In the event any provision of this agreement is finally held
to be illegal by a court of ~ jurisdiction or void as
bein;J in contravention of any law, rule or regulation of any
govemment agency havin;J jurisdiciton aver the subject set forth,
then the remainder of the aY.L=<lllent shall continue in full force
- am effect unless the parts so fClllni to be void are held
inseparable fran the remaini.m portion of the agreement.
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SECl'ION 26: RATIFICATION
Nothin;J contained in this mem::>rarrlum shall be bindin;J upon
either the city or the Association followin;J signin;J of this
mem::>randtnn by the parties until it has been ratified by the
Association's membership am presented am approved by the City
council of the City.
SECl'ION 27: F.ll"T'F.tJnF. m..a'u:;
It is understood am agreed that any llDre favorable total
CClIlpen5ation package agreed to by the City with any other
bargaini.m unit of eI\illoyees durin;J the life of this agreement
will be extended to the CUpertino EnTployee's Association. 'lhe
llDre favorllale tenns will be incorporated into this Cly.L=neJlt.
SECl'ION 28: ~
'!his agreement shall have effectivity nrwnrno:>~in;J at 12: 01
A.M., Julv 1. 1992 am endin;J at 11:59 P.M., June 30. 1993.
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