CC Resolution No. 14-209 Amending the City's classification Plan RESOLUTION NO. 14-209
A RESOLUTION;OF THE CITY COUNCIL OF THE CITY-OF,CUPERTINO
AMENDING THE CITY'S CLASSIFICATION PLAN
WHEREAS, the recruitment and hiring of top quality employees is essential to
the efficient operation of the City of Cupertino; and
WHEREAS, it has been determined to establish the following new classifications:
Classification Step 1 Step 2 Step 3 Step 4 Step 5
Accountant 1 $69,650.261 $73,132.771 $76,789.41 $80,628.88 $84,660.33
Accountant Il* $76,789.41 $80,628.881 $84,660.33 $88,893.34 $93,338.01
Senior Accountant $88,893.341 $93,338.011 $98,004.91 $102,905.16 $108,050.42
Account Clerk I $51,320.861 $53,886.901 $56,581.251 $59,410.311 $62,380.81
Account Clerk II** 1 $56,581.251 $59,410.311 $62,380.811 $65,499.851 $68,774.87
* Equivalent to salary schedule fo(current Accountant classification.
** Equivalent to salary schedule forcurrentAccount Clerk classification.
WHEREAS, it has been determined to eliminate the following existing
classification:.
Classification Step 1 Step 2 Step 3 Step 4 Step 5
HR Technician II 1 $77,623:95 .$81,504.971 $85,580.121 $89,859.131 $94,352.09
WHEREAS, it has been determined that an adjustment is .justified for the
following classification; and
Classification Step 1 Step 2 Step 3 Step 4 Step 5
Accounting Technician $67,897.64 $71,292.52 $74,857.14 $78,600.00 $82,530.00
HR Assistant $52,442.35 $55,064.46 $57,817.69 $60,708.57 $63,744.00
HR Technician $66,421.71 $69,742.79 $73,229.93 $76,891.43 $80,736.00
HR Manager $117,627.93 $123,509.33 $129,684.80 $136,169.03 $142,977.48
WHEREAS, it has been determined that the following name change is consistent
with the name of the department:
New Classification Name Old Classification Name
'Director of Recreation and Community Services Director of Parks and Recreation
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino hereby approves the new positions and updated salary schedules.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 3rd day of November, 2014,by the following vote:
Vote Members of the City Council
AYES: Wong, Sinks Mahone � Santoro
NOES: None
ABSENT: Chang
ABSTAIN: None
ATTEST: APPROVED:
Grace Schmidt, City Clerk Mayor Gilbert Wo City of Cupertino
City of Cupertino
UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. I
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 e given.
iven.
�
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 I Director of Public Works
Accountant H
Accounting Technician Finance Manager
Administrative Assistant GIS Coordinator
Assistant City Attorney Human Resources Assistant
Assistant City Manager Human Resources Analyst I
Assistant Director of Community Human Resources Analyst II
Development Human Resources Technician
Assistant Director of Public Works
Assistant to'the City Manager Information Technology Assistant
Building Official Information Technology Manager
Capital Improvement Program Manager Human Resources Manager
City Clerk Legal Services Manager
City Planner Management Analyst
Community Relations Coordinator Network Specialist
Deputy City Clerk
Director of Administrative Services
1
Director of Community Development
Director of Recreation and Community Service
MANAGEMENT AND CONFIDENTIAL CLASSIFICATIONS (Continued)
Public Affairs Director
Public Works Projects Manager
Public Works Supervisor
Recreation Supervisor
Economic Development Manager
Senior Accountant
Senior Civil Engineer
Senior Recreation Supervisor
Senior Management Analyst
Service Center Superintendent
Sustainability Manager
Web Specialist
'In the event of any inconsistency between the Compensation Program and any Employment
Contracts, the provisions of the Employment Contract and any amendments thereto control.
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, 7/10, 10/12, 12/12, 7/13,11/13,12/13,3/14, 11/4
2
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.
Effective the first full pay period in July 2013, a 1.5% salary increase will be added to the
salary ranges of classifications in this group. Effective the first full pay period in July 2014, a
1.5% salary increase will be added to the salary ranges of classifications in this group. Effective
the first full pay period in July 2015, a 1.25% salary increase will be added to the salary ranges
of classification in this group. See Attachment A for a list of paygrades.
In addition, equity adjustments as identified in the City's 2013 total compensation
survey shall occur over the next three years. Effective the first pay period in July 2013, a .46%
equity adjustment will be added to the salary ranges of classifications as noted in Attachment A.
Effective the first pay period in July, 2014, a .97% equity adjustment will be added to the salary
ranges of classifications as noted in Attachment A. Effective the first pay period in July, 2015, a
1.21% equity adjustment will be added to the salary ranges of classifications as noted in
Attachment A.
Adopted by Action
of the City Council
April 1, 1974
Revised 8/78, 7/79, 6/80, 7/92, 6/95, 10/12, 7/13
City of Cupertino
UNREPRESENTED EMPLOYEES'COMPENSATION PROGRAM
3
Policy No. 3
TRAINING AND CONFERENCES
I. POLICY
A. Management Personnel
It is City of Cupertino policy that eligible persons under this Compensation Program shall
be reimbursed or receive advances 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 or to implement a.City approved strategy for attracting
and retaining businesses in the City. One means of implementing this encouragement is
through a formal reimbursement and advance schedule for authorized attendance at such
conferences, meetings and training sessions.
B. Non-Management Personnel
When authorized by their supervisor, 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 as defined below
for each.
II DEFINITIONS
A. 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 or the individual.
B. Local Area
The local area is defined to be within Santa Clara and San Mateo Counties and within a 40-
mile distance from Cupertino when traveling to Alameda County.
C. 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.
D. Training Session
4
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 AND ADVANCE PAYMENT SCHEDULE
A. Intent
This schedule is written with the intent that the employee will make every effort to find the
lowest possible cost to the City for traveling on City business. For example, if paying for
parking at the airport is less expensive that paying for a taxi or airport shuttle, then the
employee should drive their car and park at the airport; or if renting a car is lower than
taking taxis at the out-of-town location, then a car should be rented; or air reservations
should be booked in advance to obtain discounted fares. The following procedures apply
whether the expense is being paid through a reimbursement or a direct advance.
B. Registration
Registration fees for authorized attendance at a meeting or training session will be paid by
the City.
C. Transportation
The City will pay transportation costs on the basis of the lowest cost intent stated in
paragraph A. Eligible transportation costs include airfare (with coach fare being the
maximum), van or taxi service to and from the attendee's home and airport, destination or
airport parking charges, taxi and shuttle services at the out-of-town location, trains, tolls, or
rental cars. Use of a personal automobile for City business shall be reimbursed or advanced
at the rate per mile in effect for such use, except in no case shall it exceed air coach fare if the
vehicle is being used for getting to the destination. Government or group rates offered by a
provider of transportation must be used when available.
Reimbursement or advances 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.
D. Lod in
Hotel or lodging expenses of the employee resulting from the authorized event or activity
defined in this policy will be reimbursed or advanced if the lodging and event occurs
outside of the local area. Not covered will be lodging expenses related to person(s) who are
accompanying the City member, but who themselves are not on City business. In this
instance, for example, the difference between single and multiple occupancy rates for a
room will not be reimbursed.
5
Where the lodging is in connection with a conference or other organized educational
activity, City-paid lodging costs shall not exceed the maximum group rate published by the
conference or activity sponsor, providing that lodging at the group rate is available at the
time of booking. If the group rate at the conference hotel is not available, then the non-
conference lodging policy described in the next paragraph should be followed to find
another comparable hotel.
Where lodging is necessary for an activity that is not related to a conference or other
organized educational activity, reimbursement or advances shall be limited to the actual
cost of the room at a group or government rate.In the event that a group or government rate
is not available, lodging rates that do not exceed the median price for lodging for that area
and time period listed on travel websites like www.hotels.com, www.expedia.com or an
equivalent service shall be eligible for reimbursement or advancement.
E. Meals
1. With No Conference
Payments toward or reimbursement of meals related to authofized activities or events
shall be at the Internal Revenue Service per diem rate for meals and incidental expenses
for a given location, as stated by IRS publications 463 and 1542 and by the U.S. General
Services Administration. The per diem shall be split among meals as reasonably desired
and reduced accordingly for less than full travel days. If per diem is claimed,no receipts
are necessary. Alternatively, the actual cost of a meal can be claimed, within a standard
of reasonableness,but receipts must be kept and submitted for the expense incurred.
2. As Part of a Conference
When City personnel are attending a conference or other organized educational activity,
they shall be reimbursed or advanced for meals not provided by the activity, on a per
diem or actual cost .basis. The per diem and actual cost rate shall follow the rules
described in the meals with no conference paragraph.
F. 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.
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.
6
No payment shall be made for any expenses incurred which are of a personal nature or not
within a standard of reasonableness for the situation as may be defined by the Finance
Department.
G. Non-Reimbursable Expenses
The City will not reimburse or advance payment toward expenses including,but not limited
to:
1. The personal portion of any trip;
2. Political or charitable contributions or events;
3. Family expenses, including those of a partner when accompanying the employee on
City-related business, as well as child or pet-related expenses;
4. Entertainment expenses, including theatre, shows, movies, sporting events, golf, spa
treatments, etc.
5. Gifts of any kind for any purpose;
6. Service club meals; of those besides economic development staff;
7. Alcoholic beverages;
8. Non-mileage personal automobile expenses including repairs,insurance, gasoline, traffic
citations; and
9. Personal losses incurred while on City business.
IV ATTENDANCE AUTHORIZATION
A. Budgetary Limitations
Notwithstanding any attendance authorization contained herein, reimbursement or
advances for expenses relative to conferences, meeting or training sessions shall not exceed
the budgetary limitations.
B. Conference Attendance
Attendance at conferences or seminars by employees must be approved by their supervisor.
C. Meetings
Any employee, management or non-management, may attend a meeting when authorized
by their supervisor.
D. Training Sessions
7
Any employee, management or non-management, may attend a training session when
authorized by their supervisor.
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.
VI. DIRECT CASH ADVANCE POLICY
From time to time, it may be necessary for a City employee to request a direct cash advance
to cover anticipated expenses while traveling or doing business on the City's behalf. Such
request for an advance should be submitted to their supervisor no less than seven days prior
to the need for the advance with the following information: 1) Purpose of the expenditure;
2) The anticipated amount of the expenditure (for example, hotel rates, meal costs, and
transportation expenses); and 3) The dates of the expenditure. An accounting of expenses
and return of any unused advance must be reported to the City within 30 calendar days of
the employee's return on the expense report described in Section VII.
VII. EXPENSE REPORT REQUIREMENTS
All expense reimbursement requests or final accounting of advances received must be
approved by their supervisor, on forms determined by the Finance Department, within 30
calendar days of an expense incurred, and accompanied by a business purpose for all
expenditures and a receipt for each non-per diem item.
Revised 7/83, 7/85, 7/87,7/88, 7/91, 7/92, 12/07,7/10
8
City of Cupertino
UNREPRESENTED EMPLOYEES' COMPENSATION 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 Allowance
Director of Administrative Services 300.00
Director of Community Development 300.00
Assistant City Manager 300.00
Director of Recreation and 300.00
Community Services
Director of Public Works 300.00
City Clerk 250.00
Public Affairs Director 250.00
Senior Civil Engineer 250.00
Recreation Supervisor 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, 10/07, 7/10, 7/11, 10/12, 12/12, 7/13
9
City of Cupertino
UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 5
ASSOCIATION 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 wluch 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
10
City of Cupertino
UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 6
OVERTIME WORKED
EXEMPT POSITIONS:
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
his/her 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.
NON-EXEMPT POSITIONS:
Confidential employees are eligible for overtime or compensation time, at their discretion,
for the time worked in excess of 40 hours per week. Nothing in this policy precludes the
alternative work schedule, which may include an absence of a full eight hour day, where forty
hours have been worked in the same seven day period.
Adopted by Action of the City Council
April 1, 1974
Revised
6/80, 7/91, 7/92, 6/96, 7/97, 4/07, 7/13
11
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 1 802.00
Effective 11/1/13 or as soon as administratively possible, the City will establish a Health
Reimbursement Account (HRA) to be used towards health related expenses. Upon
establishment, the City will deposit an amount equal to $83.00/month from 7/1/13 to plan
enactment. Thereafter, employees will receive $83.00 /month in their HRA. Effective with the
first full pay period in July 2014, employees will receive an additional $80.00/month in HRA to
be used towards health related expenses.
During the 13/14 contract year, the City will be reopening negotiations to discuss
elimination of the CaIPERS 100/90 retirement plan and replacement of said plan.
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, 4/07,12/12, 7/13
12
City of CupertinoUNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 8
FIXED HOLIDAYS
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 pay or 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.
The City provides 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. Veterans 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.
FLOATING HOLIDAY
In addition to the paid holidays, employees occupying these positions shall be provided 20
floating hours per calendar year as non-work time with full pay and benefits. Employees may
accumulate floating 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, 7/13
13
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
14
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.
�l
Adopted by Action of
the City Council
July 7, 1975
Revised 6/80, 7/87, 7/92,7/99
15
City of Cupertino
UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 11
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CONTRIBUTION
A. Employees hired on or before December 29,2012 Only:
For employees hired on or before December 29, 2012, the City has contracted with CdIPERS
for a 2.7%@55 formula.
Effective in the first full pay period in July 2013, the City agrees to pay the employee's
contribution rate to the California Public Employees Retirement System (CalPERS) not to
exceed 4.5% of applicable salary and each employee agrees to pay 3.5% of applicable salary.
Effective in the first full pay period in July 2014, the City agrees to pay the employee's
contribution rate to the California Public Employees Retirement System (CaIPERS) not to
exceed 3.0% of applicable salary and each employee agrees to pay 5.0%of applicable salary.
Effective in the first full pay period in July 2015, the City agrees to pay the employee's
contribution rate to the California Public Employees Retirement System (CalPERS) not to
exceed 1.75% of applicable salary and each employee agrees to pay 6.25% of applicable salary.
The City agrees to pay the employer's contribution rate to the Public Employees Retirement
System to the extent required by law and the parties acknowledge that by January 1, 2018 the
employees are required to pay 50% of the normal cost rate as determined by Ca1PERS.
B. For Employees hired by the City of Cupertino on December 30,2012 or December 31,2012
or a current CalPERS employee who qualifies as a classic member under CalPERS
Regulations Only:
For Employees hired by the City of Cupertino on December 30,2012 or December 31, 2012
or a current CalPERS employee who qualifies as a classic member under CalPERS Regulations
only the City has contracted with CalPERS for a 2.0%@ 60 retirement formula, three year
average compensation.
Effective in the first full pay period in July 2013, the City agrees to pay the employee's
contribution rate to the California Public Employees Retirement System (CalPERS)not to
exceed 3.5 % of applicable salary and each employee agrees to pay 3.5% of applicable salary.
Effective in the first full pay period in July 2014, the City agrees to pay the employee's
System CalPERS not to
Employees Retirement S s )
contribution rate to the California Publicy (
exceed 2.0 % of applicable salary and each employee agrees to pay 5.0% of applicable salary.
16
Effective in the first full pay period in July 2015, the City agrees to pay the employee's
contribution rate to the California Public Employees Retirement System(CalPERS)not to
exceed .75 % of applicable salary and each employee agrees to pay 6.25% of applicable salary.
The City agrees to pay the employer's contribution rate to the Public Employees Retirement
System to the extent required by law and the parties acknowledge that by January 1,2018 the
employees are required to pay 50%of the normal cost rate as determined by CalPERS.
C. For new employees hired by the City of Cupertino on or after January 1, 2013 and do not
qualify as Classic members Only:
For new employees hired by the City of Cupertino on or after January 1,2013 and do not
qualify as classic members as defined by CalPERS, CalPERS has by statute implemented a 2%@
62 formula, three year average and employees in this category shall pay 50% of the normal cost
rate as determined by Ca1PERS.
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, 7/10, 10/12, 12/12, 7/13
17
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 $78.26 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, 10/12
18
City of Cupertino
UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 13
ADMINISTRATIVE LEAVE
The 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, 7/10, 12/12
19
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
20
City of Cupertino
UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 15
VACATION ACCUMULATION
The 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.
Benefited full-time employees accrue vacation in accordance with the following schedule.
Benefited employees who work less than a full-time work schedule accrue vacation in
accordance with the following schedule on a pro-rated basis.
Service Time Hrs of Accrual Per Pay Annual Accruals Maximum Accrual
Period
0-3 Years 3.08 80 Hours 160 Hours
4-9 Years 4.62 120 Hours 240 Hours
10—14 Years 5.24 136 Hours 272 Hours
15—19 Years 6.16 160 Hours 320 Hours
20+Years 6.77 176 Hours 352 Hours
An employee may accrue no more vacation credit than twice the annual rate being
earned.
VACATION CREDITS
The hiring manager, with the approval of the department head and the City Manager, may
offer a vacation bank of up to 120 hours of vacation to a prospective candidate in the
Unrepresented group. These hours do not vest for payoff purposes if the employee leaves
service.
Adopted by Action of the City Council
July'7, 1997
Revised 6/99, 7/10, 12/12, 7/13
21
City of Cupertino
UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 16
HOUSING ASSISTANCE PROGRAM
Housing assistance may be offered to the department heads pursuant to Resolution No.
99-070.
Adopted by Action of the City Council
July 7, 1997
Revised 7/99, 7/10, 8/12
22
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 $14.94 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, 6/03,7/10, 10/12
23
City of Cupertino
Listing of Unrepresented Classifications by
Salary Rate or Pay Grades
Effective July 1, 2.013
Amended 11/13/13
Amended 12/17/13
Amended 3/4/14
Amended 7/1/14
Amended 11/3/2014
24
CITY OF CUPERTINO
CLASSES AND POSITIONS
EFFECTIVE JULY 1,2013-JUNE 30, 2016
The salaries, wages or rates pay per month for those officers and employees whose positions are
exempt under the provisions of the Cupertino Municipal Code, are set forth below. Only the
City Council can modify these rates.
Salary Effective July 1, 2013
Classification Step 1 Step 2 Step 3 Step 4 Step 5
Assistant City Manager $14,137 $14,844 $15,857 $16,366 $17,184
Director of Administrative Services $12,075 $12,679 $13,313 $13,979 $14,678
Director of Community Development $11,885 $12,479 $13,103 $13,758 $14,446
Director of.Recreation and Community
Service $12,595 $13,225 $13,887 $14,581 $15,310
Director of Public Works $12,852 $13,494 $14169 $14,878 $15,621
Salary Effective July 1,2014
Classification Step 1 Step 2 Ste 3 Step 4 Step 5
Assistant City Manager $14,350 $15,067 $15,820 $16,611 $17,422
Director of Administrative Services $12,256 $12,869 $13,513 $14,188 $14,898
Director of Community Development $12,144 $12,751 $13,389 $14,058 $14,761
Director of Recreation and Community
Service $12,784 $13,424 $14,095 $14,800 $15,540
Director of Public Works $13,045 $13,697 $14,382 $15,101 $15,856
Salary Effective July 1, 2015
Classification Step 1 Step 2 Step 3 Step 4 Step 5
Assistant City Manager $14,529 $15,255 $16,018 $16,819 $17,660
Director of Administrative Services $12,409 $13,030 $13,681 $14,366 $15,084
Director of Community Development $12,399 $13,019 $13,670 $14,353 $15,071
Director of Recreation and Community
Service $12,944 $13,591 $14,271 $14,985 $15,734
Director of Public Works $13,208 $13,868 $14,561 $15,290 $16,054
25
CITY OF CUPERTINO
CLASSES AND POSITIONS BY PAY GRADE
MANAGEMENT CLASSIFICATIONS
EFFECTIVE JULY 1,2013-JUNE 30,2016
Salary Effective July 1, 2013
Classification Step 1 Step 2 Step 3 Step 4 Step 5
Assistant City Attorney $11,265 $11,828 $12,420 $13,041 $13,693
Assistant Director of Public Works $10,274 $10,787 $11,327 $11,893 $12,488
Assistant to the City Manager $7,910 $8,305 $8,721 $9,157 $9,614
Building Official $9,339 $9,806 $10,297 $10,811 $11,352
Capital Improvement Program
Manager $9,328 $9,794 $10,284 $10,798 $11,338
City Clerk $8,152 $8,559 $8,987 $9,437 $9,909
City Planner $9,395 $9,865 $10,358 $10,876 $11,420
Deputy City Attorney $8,105 $8,511 $8,936 $9,383 $9,852
Economic Development Mgr $9,383 $9,852 $10,345 $10,862 $11,405
Environmental Programs Manager $7,792 $8,182 $8,591 $9,021 1 $9,472
Finance Manager $9,428 $9,899 $10,394 $10,914 $11,460
Human Resources Manager $9,328 $9,794 $10,284 $10,798 $11,338
Information Technology Manager $9,074 $9,528 $10,004 $10,504 $11,030
Park Restoration and Improvement
Manager $9,328 $9,794 $10,284 $10,798 $11,338
Public Affairs Director $9,074 $9,528 $10,004 $10,504 $11,030
Public Works Project Manager $7,962 $8,360 $8,778 $9,217 $9,678
Public Works Supervisor $7,118 .$7,474 $7,847 $8,240 $8,652
Recreation Supervisor $6,955 $7,303 $7,668 $8,052 $8,454
Senior Civil Engineer $9,405 $9,876 $10,370 $10,888 $11,433
Senior Management Analyst $7,304 $7,669 $8,052 $8,455 $8,878
Senior Recreation Supervisor $7,668 $8,052 $8,454 $8,877 $9,321
Sustainability Manager $7,792 $8,182 $8,591 $9,021 $9,472
26
Salary Effective July 1, 2014
Classification Step 1 Step 2 Step 3 Step 4 Step 5
Assistant City Attorney $11,434 $12,006 $12,606 $13,236 $13,898
Assistant Director of Public Works $10,539 $11,066 $11,620 $12,201 $12,811
Assistant to the City Manager $8,028 $8,430 $8,851 $9,294 $9,759
Building Official $9,479 $9,953 $10,451 $10,974 $11,522
Capital Improvement Program
Manager $9,468 $9,941 $10,438 $10,960 $11,508
City Clerk $8,424 $8,845 $9,287 $9,752 $10,239
City Planner $9,680 $10,164 $10,672 $11,206 $11,766
Deputy City Attorney $8,227 $8,638 $9,070 $9,524 $10,000
Economic Development Mgr $9,630 $10,111 $10,617 $11,147 $11,705
Environmental Programs Manager $7,909 $8,305 $8,720 $9,156 $9,614
Finance Manager $9,802 $10,292 $10,807 $11,347 $11,914
Human Resources Manager $9,802 $10,292 $10,807 $11,347 $11,914
Information Technology Manager $9,311 $9,776 $10,265 $10,778 $11,317
Park Restoration and Improvement
Manager $9,468 $9,941 $10,438 $10,960 $11,508
Public Affairs Director $9,311 $9,776 $10,265 $10,778 $11,317
Public Works Project Manager $8,188 $8,598 $9,027 $9,479 $9,953
Public Works Supervisor $7,224 $7,586 $7,965 $8,363 $8,781
Recreation Supervisor $7,060 $7,413 $7,783 $8,172 $8,581
Senior Civil Engineer $9,718 $10,204 $10,715 $11,250 $11,813
Senior Management Analyst $7,659 $8,042 $8,445 $8,867 $9,310
Senior Recreation Supervisor $7,783 $8,172 $8,581 $9,010 $9,461
Sustainability Manager $7,909 $8,305 $8,720 $9,156 $9,614
Salary Effective July 1,2015
Classification Step 1 Step 2 Step 3 Step 4 Step 5
Assistant City Attorney $11,577 $12,156 $12,763 $13,402 $14,072
Assistant Director of Public Works $10,813 $11,354 $11,921 $12,518 $13,143
Assistant to-the City Manager $8,129 $8,535 $8,962 $9,410 $9,881
Building Official $9,598 $10,078 $10,582 $11,111 $11,666
Capital Improvement Program
Manager $9,586 $10,066 $10,569 $11,097 $11,652
City Clerk $8,720 $9,156 $9,614 $10,095 $10,600
City Planner $9,985 $10,485 $11,009 $11,559 $12,137
Deputy City Attorney $8,330 $8,746 $9,184 $9,643 $10,125
Economic Development Mgr $9,880 $10,374 $10,892 $11,437 $12,009
Environmental Programs Manager $8,008 $8,408 $8,829 $9,270 $9,734
Finance Manager $10,221 $10,732 $11,269 $11,832 $12,424
Human Resources Manager $10,221 $10,732 $11,269 $11,832 $12,424
Information Technology Manager $9,554 $10,032 $10,534 $11,060 $11,613
27
Park Restoration and Improvement
Manager $9,586 $10,066 $10,569 $11,097 $11,652
Public Affairs Director $9,554 $10,032 $10,534 $11,060 $11,613
Public Works Project Manager $8,426 $8,848 $9,290 $9,755 $10,242
Public Works Supervisor $7,315 $7,680 $8,065 $8,468 $8,891
Recreation Supervisor $7,148 $7,505 $7,881 $8,275 $8,688
Senior Civil Engineer $10,059 $10,562 $11,090 $11,645 $12,227
Senior Management Analyst $8,069 $8,473 $8,896 $9,341 $9,808
Senior Recreation Supervisor $7,881 $8,275 $8,688 $9,123 $9,579
Sustainability Manager $8,008 1 $8,408 $8,829 1 $9,270 $9,734
CITY OF CUPERTINO
CLASSES AND POSITIONS BY PAY GRADE
CONFIDENTIAL CLASSIFICATIONS
EFFECTIVE JULY 1, 2013-JUNE 30, 2016
Salary Effective July 1, 2013
Classification Step 1 Step 2 Step 3 Step 4 Step 5
Accountant $6,258 $6,571 $6,900 $7,245 $7,607
Accounting Technician $5,780 $6,069 $6,373 $6,691 $7,026
Administrative Assistant $5,195 $5,454 $5,727 $6,014 $6,314
Community Relations Coordinator $5,989 $6,288 $6,603 $6,933 $7,279
Deputy City Clerk $5,365 $5,633 $5,915 $6,211 $6,521
Executive Assistant to the City Manager $5,733 $6,019 $6,320 $6,636 $6,968
GIS Coordinator $6,059 $6,361 $6,680 $7,014 $7,364
Human Resources Analyst $6,320 $6,636 $6,968 $7,316 $7,682
Human Resources Analyst H $6,968 $7,316 $7,682 $8,066 $8,470
Human Resources Assistant $4,894 $5,138 $5,395 $5,665 $5,948
Human Resources Technician $5,780 $6,069 $6,373 $6,691 $7,026
Human Resources Technician II $6,373 $6,691 $7,026 $7,377 $7,746
I.T.Assistant $5,007 $5,257 $5,520 $5,796 $6,086
Legal Services Manager $5,739 $6,026 $6,327 $6,644 $6,976
Management Analyst $6,811 $7,152 $7,509 $7,885 $8,279
Network Specialist $6,612 $6,942 $7,289 $7,654 $8,036
Web Specialist 1 $6,487 1 $6,811 $7,152 $7,509 $7,885
28
1
Salary Effective July 1,2014
Classification Step 1 Step 2 Step 3 Step 4 Step 5
Accountant I $5,804 $6,094 $6,399 $6,719 $7,055
Accountant II $6,399 $6,719 $7,055 $7,407 $7,778
Accounting Technician $5,658 $5,941 $6,238 $6,550 $6,878
Administrative Assistant $5,273 $5,536 $5,813 $6,104 $6,409
Community Relations Coordinator $6,078 $6,382 $6,702 $7,037 $7,389
Deputy City Clerk $5,756 $6,044 $6,346 $6,663 $6,996
Executive Assistant to the City Manager $5,937 $6,234 $6,545 $6,873 $7,216
GIS Coordinator $6,308 $6,623 $6,955 $7,302 $7,668
Human Resources Analyst $6,631 $6,963 $7,311 $7,676 $8,060
Human Resources Analyst II $7,311 $7,676 $8,060 $8,463 $8,886
Human Resources Assistant $4,360 $4,589 $4,818 $5,059 $5,312
Human Resources Technician $5,535 $5,812 $6,102 $6,408 $6,728
I.T. Assistant $5,332 $5,599 $5,879 $6,173 $6,482
Legal Services Manager $5,961 $6,259 $6,572 $6,901 $7,246
Management Anal st $7,143 $7,500 $7,875 $8,269 $8,682
Network Specialist $6,821 $7,162 $7,520 $7,896 $8,291
Senior Accountant $7,407 $7,778 $8,167 $8,575 $9,004
Web Specialist $6,584 $6,913 $7,259 $7,622 $8,003
Salary Effective July 1,2015
Classification Step 1 Step 2 Step 3 Step 4 Step 5
Accountant I $5,930 $6,227 $6,538 $6,865 $7,208
Accountant II $6,538 $6,865 $7,208 $7,569 $7,947
Accounting Technician $5,715 $6,000 $6,300 $6,616 $6,946
Administrative Assistant $5,339 $5,606 $5,886 $6,180 $6,489
Community Relations Coordinator $6,154 $6,462 $6,785 $7,125 $7,481
Deputy City Clerk $6,222 $6,534 $6,860 $7,203 $7,563
Executive Assistant to the City Manager $6,162 $6,470 $6,794 $7,133 $7,490
GIS Coordinator $6,589 $6,919 $7,265 $7,628 $8,010
Human Resources Analyst $6,989 $7,339 $7,706 $8,091 $8,496
Human Resources Analyst II $7,706 $8,091 $8,496 $8,920 $9,366
Human Resources Assistant $4,404 $4,624 $4,855 $5,098 $5,353
Human Resources Technician $5,590 $5,870 $6,164 $6,472 $6,795
I.T. Assistant $5,718 $6,004 $6,304 $6,620 $6,951
Legal Services Manager $6,208 $6,518 $6,844 $7,187 $7,546
Management Analyst $7,525 $7,901 $8,296 $8,711 $9,147
Network Specialist $7,046 $7,399 $7,769 $8,157 $8,565
Senior Accountant $7,569 $7,947 $8,345 $8,762 . $9,200
Web Specialist $6,666 . $7,000 $7,350 $7,717 $8,103
MENDED ll//13/2013,11/3/2014
A �
29
Salary Effective November 13,2013
Classification Step 1 Step 2 Step 3 Step 4 Step 5
Assistant Director of Community $9,829 $10,321 $10,837 $11,379 $11,948
Development
Salary Effective July 1,2014
Assistant Director of Community . $9,977 $10,475 $10,999 $11,549 $12,127
Development
Salary Effective July 1,2015
Assistant Director of Community $10,101 $10,606 $11,137 $11,694 $12,278
Development
AMENDED December 17,2013
Salary Effective December 17,2013
Classification Step 1 Ste 2 Step 3 Step 4 Step-5-
Service
te 5Service Center Superintendent $8,861 $9,304 $9,769 $10,258 $10,771
Salary Effective July 1,2014
Service Center Superintendent $8,994 $9,443 $9,916 $10,411 $107932
Salary Effective July 1,2015
Service Center Superintendent $9,106 $9,562 $10,040 $10,542 $11,069
30
MEMORANDUM OF UNDERSTANDING
City of Cupertino
i
And
City Employees' Association (CEA)
July 1, 2013 -June 30, 2016
1
Table of Contents
Category Section Page Number
No Discrimination 1 4
Salary Schedule 2 4
Out of Classification Pay 3 5
Bilingual Pay Differential 4 5
Hours of Work—Overtime 5 5
Facilities Closure 6 6
PERS Contribution 7 7
Insurance Coverage 8 8
Holidays 9 9
Temporary Disability Benefits 10 10
Vacation 11 11
Sick Leave 12 11
Sick Leave Verification 13 13
Bereavement Leave 14 13
Military Leave 15 13
Pregnancy Disability Leave 16. 14
Adoption Leave 17 15
Catastrophic Leave 18 15
Absence Notification 19 16
Family Medical Leave Act 20 16
Table of Contents
2
Category Section Page Number
Education Reimbursement Program
21 16
City Sponsored Recreation Programs 22 17
Due Process 23 17
Layoff Procedure 24 17
Reinstatement 25 18
Continuation of Benefits 26 18
Separability 27 18
Ratification 28 19
Concessions Reopener 29 19
Reopener 30 19
Term 31 19
Salary Schedule (includes the equity Exhibit 1 21
adjustments as provided for in Exhibit
2 below)
Total Compensation Equity Exhibit 2 24
Adjustments Schedule
3
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF CUPERTINO
AND
CUPERTINO CITY EMPLOYEES' ASSOCIATION
This is a three (3)_year agreement, entered into the 1st day of July,, 2013 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
In accordance with the City of Cupertino Equal Employment Opportunity Plan, all
employees shall have equal opportunity in employment without regard to race, color, creed,
religion, political affiliation, national origin, sex, disability, sexual orientation, age or for
Association activity or any other basis prohibited by applicable Federal and State law against
any employee.
SECTION 2: SALARY SCHEDULE
Monthly salary ranges as listed on Exhibit 1 will apply for each classification effective
at the beginning of the pay period in which July 1 occurs unless otherwise noted below.
Effective the first full pay period after Association ratification and adoption by the
City Council, a 1.5% salary increase will be added to the salary range of each classification in
this bargaining unit.
Effective the first full pay period in July 2014, a 1.5% salary increase will be added to
the salary range of each classification in this bargaining unit.
Effective the first full pay period in July 2015, a 1.25% salary increase will be added
to the salary range of each classification in this bargaining unit.
In addition, total compensation equity adjustments as identified in the City's 2013
total compensation study shall occur as provided for in Exhibit 2 of this MOU.
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
4
assigned. In order to qualify for Out-Of-Classification pay, an employee shall work a
minimum of 8 hours per day in the temporary assignment.
SECTION 4: BILINGUAL PAY DIFFERENTIAL
An employee who uses bilingual skills as approved by his/her supervisor and who
passes the required language proficiency test(s) is eligible to receive a 7.5% bilingual pay
differential only for the work time during which the employee uses bilingual skills. For
payroll reporting purposes, the 7.5% bilingual pay differential will be recorded with a 15
minute minimum.
SECTION 5: HOURS OF WORK: OVERTIME
5.1 Hours of Work Defined
Hours worked shall include all time assigned by employer whether such hours are
worked in the City's work place, or in some other place where the employee is carrying out
the duties of the City.
The normal work week shall be 40 hours in seven days with two consecutive days off.
Alternate Work Schedules (AWS) may be considered, including 9/80 and 4/10, but must be
approved in advance by the Department Head. The City reserves the right to re-evaluate such
approvals if the Alternate Work Schedule results in an undue burden to the City.
5.2 Overtime
Overtime shall be defined as any work in excess of 40 hours in a seven day work
period. Holidays and paid time off shall count toward the accumulation of the work week.
Overtime work for the City by an 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 Schedules
It will be a management responsibility to schedule the hours of work for each
employee covered by this agreement. Except in unforeseen circumstances, changes in
employee's hours of work will be made after ten days prior notice.
5.4 Rest Periods
Each employee shall be granted a rest period of fifteen minutes during each work
period of more than three hours duration. No wage deduction shall be made nor time off
charged against employees taking authorized rest periods, nor shall any rights or overtime be
accrued for rest periods not taken.
5.5 Payment of Overtime
5
All approved overtime work performed by employees shall be paid at the rate of one
and one-half (1 1/2) times the normal rate of pay. Work performed on regularly scheduled
days off, City Holidays or during an employee's scheduled vacation shall be considered to be
overtime and paid accordingly.
5.6 Compensatory Time Off(CTO)
At the employee's discretion, compensatory time off may be granted for overtime
worked at the rate of time and one-half for each hour worked in lieu of compensation in cash.
Employees, who have previously earned compensatory time, shall be allowed to schedule
compensatory time off at dates of the employee's selection provided that prior supervisory
approval has been obtained.
CTO time may be accrued for up to 80 hours per calendar year. Any CTO earned
exceeding 80 hours will be paid at the.rate of time and one-half. An employee may carry over
the unused balance into the next calendar year. Any unused carryover balance will be
automatically paid out at the end of the calendar year.
An employee may exercise his/her option two times each calendar year to convert
any/or all accumulated compensatory time to cash.
5.7 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 6: FACILITIES CLOSURE
City facilities* will be closed from December 24 through January 1, of each year during the
term of the contract only. Employees may use vacation, CTO, floating holiday, administrative
leave, or leave without pay for work time missed during the closure week. With Supervisor
and Department Head prior approval, an employee may opt to work during the facility
closure.
*The Sports Center and Blackberry Farm Golf Course may remain open on facilities
closure days staffed by part-time employees
SECTION 7: PUBLIC EMPLOYEES RETIREMENT (PERS) CONTRIBUTION
A. For Employees hired on or before December 29, 2012 Only
For City of Cupertino employees hired by the City of Cupertino on or before December 29,
2012, the City has contracted with CalPERS for a 2.7% @55 retirement formula.
Effective in the first full pay period after Association ratification and adoption of this MOU
by the City Council, the City agrees to pay the employee's contribution rate to the California
6
Public Employees Retirement System (CalPERS) not to exceed 4.5 % of applicable salary and
each employee agrees to pay 3.5% of applicable salary.
Effective in the first full pay period in July 2014, the City agrees to pay the employee's
contribution rate to the California Public Employees Retirement System (CalPERS)not to
exceed 3.0 % of applicable salary and each employee agrees to pay 5.0% of applicable salary.
Effective in the first full pay period in July 2015, the City agrees to pay the employee's
contribution rate to the California Public Employees Retirement System (CalPERS) not to
exceed 1.75% of applicable salary and each employee agrees to pay 6.25% of applicable
salary.
The City agrees to pay the employer's contribution rate to the Public Employees Retirement
System to the extent required by law and the parties acknowledge that by January 1, 2018 the
employees are required to pay 50% of the normal cost rate as determined by CalPERS.
S. For employees hired by the City of Cupertino on December 30, 2012 or on
December 31, 2012 or a current CalPERS employee who qualifies as a classic
member under CalPERS Regulations Only.
For employees hired by the City of Cupertino on December 30, 2012 or on December 31,
2012 or a current CalPERS employee who qualifies as a classic member under CalPERS
Regulations only the City has contracted with CalPERS for a 2.0% @ 60 retirement formula
based on a three year average compensation.
Effective in the first full pay period upon Association ratification and adoption of the MOU
by the City Council, the City agrees to pay the employee's contribution rate to the California
Public Employees Retirement System (CalPERS)not to exceed 3.5 % of applicable salary and
each employee agrees to pay 3.5% of applicable salary.
Effective in the first full pay period in July 2014, the City agrees to pay the employee's
contribution rate to the California Public Employees Retirement System (CalPERS)not to
exceed 2.0 % of applicable salary and each employee agrees to pay 5.0% of applicable salary.
Effective in the first full pay period in July 2015, the City agrees to pay the employee's
contribution rate to the California Public Employees Retirement System (CalPERS) not to
exceed .75% of applicable salary and each employee agrees to pay 6.25% of applicable salary.
The City agrees to pay the employer's contribution rate to the Public Employees Retirement
System to the extent required by law and the parties acknowledge that by January 1, 2018 the
employees are required to pay 50% of the normal cost rate as determined by CalPERS.
C. For employees hired by the City of Cupertino on of after January 1, 2013, or
former CalPERS employees that do not qualify as Classic employees hired by the
City of Cupertino on or after January 1, 2013 Only
For employees hired by the City of Cupertino on or after January 1, 2013, CalPERS has by
statute implemented a 2% @ 62 formula based on a three year average compensation.
Employees in this category shall pay 50% of the normal cost rate as determined by CalPERS.
7
SECTION 8: INSURANCE COVERAGE
8.La Health- Medical Insurance
City agrees to pay an amount as set forth hereinfor medical coverage for employee and
dependents through the Meyers-Geddes State Employees Medical and Hospital Care Act. For
each participating employee, the City shall contribute $714.00 toward premium cost per
month during the term of this agreement.
Required contribution amounts exceeding the premium contribution of the City are the
responsibility of the employee. In instances where the premium for the insurance plan
selected is less than the city's maximum premium contribution, the difference will be added to
the employee's bi-weekly compensation. The City will no longer pay medical insurance cash
back (excess of the monthly premium less the cost of the medical coverage) for new
employees hired after July 1, 2005.
Effective July 1, 2010, employees that retire or resign from service with the City of
Cupertino and who are not eligible for retiree medical benefits as defined in the Summary of
Benefits can continue on the Cupertino medical and dental plans provided that they pay the
premiums in full.
The City reserves the right of selection and administration as to deferred compensation
plan(s).
If during the term of this agreement, modifications are made to the Federal tax code
which would result in any of the medical insurance provided be subject to taxation, the
contract will be re-opened for the purposes of adjusting the salary and medical benefits so
long as it does not result in an increase or decrease in the total compensation.
If during the term of this agreement, new medical plans are identified that will be
beneficial to the City and CEA, the contract will be reopened to discuss these plan options.
8.Lb Health Reimbursement Account(HRA)
Effective as soon as administratively possible, the City will establish a Health Reimbursement
Account (HRA) to be used towards health related expenses as determined by the IRS.
Effective the first full pay period after Association ratification and adoption of this MOU by
the City Council, each eligible employee in this unit will receive an $83.00 monthly
contribution from the City into a Health Reimbursement Account (HRA) or a notional
account until the HRA is established to be used towards health related expenses, consistent
with the laws and regulations governing HRAs. The parties acknowledge that the use of these
funds shall not occur until the HRA is established. The parties agree to meet and discuss HRA
program implementation.
Effective the first full pay period in July 2014, each eligible employee will receive an
additional $80.00 per month contribution from the City for a total of$163.00 per month into
8
the Health Reimbursement Account (HRA).
8.2 Dental Insurance
City agrees to pay$78.26 per month for employees and their dependents.
8.3 Life Insurance
City shall provide life insurance and accidental death and dismemberment coverage
for each employee in the amount of two and one half times annual .salary to a maximum
benefit of$250,000. Employees may be eligible to purchase additional life insurance subject
to the provisions of the insurance policy.
8.4 Long,Term Disability Insurance
The City shall provide Long Term Disability (LTD) insurance for employees. LTD
income protection coverage shall be up to $7,000 of covered monthly salary. Employees may
use sick leave and/or vacation leave to supplement lost salary during the 60 day elimination
period.
8.5 Vision Care Insurance
The City shall provide Vision Care Insurance for employees and their dependents at a
cost of$14.94 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 7. Veteran's Day
2. Martin Luther King Day 8. Thanksgiving Day
3. President's Day 9. Day following Thanksgiving
4. Memorial Day 10. Christmas Eve
5. Independence Day 11. Christmas Day
6. Labor Day 12. New Year's Eve
When a holiday falls on a Saturday, the preceding Friday shall be observed as the non-
work day. When'a holiday falls on a Sunday, the following Monday shall be observed as the
non-work day.
Nothing contained herein shall preclude the right of the department head with the
approval of the Appointing Authority to reschedule work assignments or hours of work to
meet emergency situations and other administrative necessities caused by the observance of a
holiday or non-work day or period; provided, however, that all such affected employees are
duly compensated for said rescheduled work assignments.
9
9.2 Floating Holidays
In addition to the foregoing paid holidays, eligible employees shall earn 20 hours of
holiday leave per year that may be used in increments of no less than one quarter of an hour.
Floating holiday leave shall be earned at a rate of.77 hours per pay period. Floating holiday
leave may be accumulated up to 40 hours. Floating holiday leave shall be taken at the
discretion of the employee subject to prior supervisory approval.
9.3 Holidgy Pay
In order for an employee to receive his/her regular pay for a holiday or designated
non-work day, work must be performed on the regular scheduled day before and the regular
scheduled day after the holiday or designated non-work day. Employees on vacation, injury
leave, approved short term leave of absence, with or without pay, or who submit satisfactory
evidence of personal illness shall be considered as working their regular schedule for pay
purposes.
SECTION 10: TEMPORARY DISABILITY BENEFITS
Any employee sustaining an injury arising out of or in the course of the performance
of his/her job and who cannot work at the duties and responsibilities normally assigned to that
job is entitled to receive temporary disability as prescribed by State law.
10.1 Use of Sick Leave to Supplement Temporary(not held) Disability Payments
Any employee entitled to receive temporary disability payments may elect to
supplement such payments with an amount not to exceed that which is the employee's weekly
earnings or weekly earning capacity by use of sick leave payments to the extent that such sick
leave has been accrued to the employee's account.
10.2 Use of Sick Leave for Industrial Injury Medical Appointments
An employee who is required to see a physician regarding the injury during regularly
scheduled work hours may use sick leave credits for appointment(s). If the medical
appointment is scheduled during the last hour of the regularly scheduled work day an
employee will not be required to use sick leave credits for said appointment. The last hour
provision shall be limited to one time during any Monday through Friday work period.
SECTION 11: VACATION
All employees, other than those holding temporary status, whose work assignment is
of a recurring nature of not less than a normal work week shall accrue vacation credit.
Accrued vacation credits may be taken with prior supervisory approval.
Benefited full-time employees accrue vacation in accordance with the following
10
schedule. Benefited employees who work less than a full-time work schedule accrue vacation
in accordance with the following schedule on a pro-rated basis.
Service Time Hrs of Accrual Per Pay Annual Accruals Maximum Accrual
Period
0 - 3 Years 3.08 80 Hours 160 Hours
4 - 9 Years 4.62 120 Hours 240 Hours
10— 14 Years 5.24 136 Hours 272 Hours
15 — 19 Years 6.16 160 Hours 320 Hours
20+Years 6.77 176 Hours 352 Hours
An employee may accrue no more vacation credit than twice the annual rate being
earned.
Upon termination of employment,unused vacation may not be used to extend the final
employment date beyond the annual accrual rate being earned.
Represented employees may convert, up to two times per calendar year, unused
vacation time for payment subject to the following conditions:
1. The employee must have a minimum of 120 hours of accrued vacation immediately
prior to a conversion.
2. Any payment for accrued vacation hours will be subject to taxes as determined by law.
3. Minimum exchange will be one day. Maximum exchange will be ten days.
4. All exchanges are irrevocable.
5. A maximum of 80 hours of accrued vacation may be converted for pay during a
calendar year.
SECTION 12: SICK LEAVE
All full time employees hired before October 17, 2012 (other than those holding
temporary status), shall earn eight (8) hours per month sick leave time without limit on
accumulation. All employees hired on or after October 17, 2012 shall earn eight (8) hours per
month of sick leave time, but may accrue no more than 240 hours of sick leave time.
Those regular employees working less than full time (at least 20 hours per week) shall
earn a pro-rated amount of sick leave based on their regular hours worked in relation to 40
hours. Sick leave may be utilized due to the employee's personal illness, injury, pregnancy
disability or sickness or injury to the immediate family.
The employee's immediate family consists of the following: children, stepchildren,
spouse/domestic partner, parents, mother-in-law, father-in-law, siblings, grandchildren and
grandparents who because of illness cannot care for themselves, and for medical emergencies.
Employees shall, whenever possible, make appointments for medical, dental and similar
purposes during non-work hours. If this is not possible, sick leave may be used for these
purposes.
With proper notification, sick leave shall be taken in periods of no less than one-half
hour increments.
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12.1 Sick Leave Conversion. Any employee hired before October 17, 2012, who is
retiring, will have the option of applying any remaining sick leave to service credit. If an
employee is resigning, he/she will not have the option of applying sick leave hours to service
credit.
12.2 Sick leave is not vested under California statutory law.
12.3 Employees hired before October 17, 2012 shall have the option of cashing out
sick leave in accordance with Section 12.4 and 12.5.
12.4 If upon retirement the qualifying 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 the qualifying 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. 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
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regularly accrued vacation time.
c. If the employee's vacation accrual exceeds the maximum allowable accrual, he/she
will have the option to re-convert vacation time back to sick leave on a reverse
ratio basis. Such re-conversion shall be limited to previously converted sick
leave/vacation and may not exceed the amount necessary to reduce the accrued
vacation to the maximum allowable. Regularly accrued vacation time will not
be eligible for this re-conversion to sick leave and any regularly accrued
vacation time accrued in excess of the maximum allowable will be disallowed
and not subject to utilization by the employee.
NOTE: As used in this document, "reverse ratio" is intended to mean that the ratio of sick
leave to vacation will revert to the original ratio at the time the initial exchange was
implemented.
SECTION 13: SICK LEAVE VERIFICATION
A Department Head or supervisor may at their discretion require employees to furnish
reasonable acceptable evidence, including a doctor's certificate, to substantiate a request for
sick leave if the sick leave exceeds three (3) consecutive workdays. A supervisor may also
require a doctor's certificate or other form of verification where leave abuse is suspected. If it
appears that an employee is abusing sick leave or is using sick leave excessively, the
employee will be counseled that the continued use of sick leave may result in a requirement to
furnish a medical certificate for each such subsequent absence for sick leave regardless of
duration. Continued abuse of leave or excessive use of sick leave may constitute grounds for
discipline up to and including dismissal.
SECTION 14: BEREAVEMENT LEAVE
Employees shall be granted paid bereavement leave of up to 24 hours upon the death
of a close relative. Close relatives are defined as another, father, sister, brother, wife, husband,
domestic partner, child, step-child, grandparent, grandchildren, mother-in-law and father-in-
law. Additional bereavement leave of up to 16 hours will be granted for travel out of state or
over 200 miles.
SECTION 15: MILITARY LEAVE
Military leave shall be granted in accordance with the provision of State and Federal
law. All employees entitled to military leave shall give their supervisor an opportunity within
the limits of military requirements, to determine when such leave shall be taken.
SECTION 16: PREGNANCY DISABILITY LEAVE
An employee disabled by pregnancy is eligible for up to four months of unpaid pregnancy
disability leave (PDL) as defined by law. This leave is to be used when the employee is
disabled due to pregnancy or child birth or related medical condition, including but not
13
limited to, morning sickness, pregnancy complications and prenatal appointments. Accrued
sick leave may be used during the leave, and the employee has the option to use accrued
vacation, floating holidays and/or compensatory time in order to receive pay during the leave.
If the employee is also eligible for leave under the Federal Family Medical Leave Act
(FMLA), the leave the employee takes for pregnancy disability will be run concurrently with
the employee's entitlement to up to 12 weeks of FMLA leave. Employees otherwise eligible
for health insurance benefits (medical, dental and vision) will continue to receive such
benefits during the period of the PDL leave up to four months as defined by law per 12 month
period.
After PDL and FMLA leave, if applicable, expires and if the employee is on unpaid status or
the employee has less than 20 hours per week on their timesheet, the employee may elect to
continue and enroll in COBRA benefits at employee's expense.
The employee will be accruing sick leave, floating holiday and vacation leave during the
period of time, if any, the employee is in paid status. Any time the employee's hours adjust to
less than 40 hours per week, however of paid status, the employee's accrual rates (sick leave,
vacation leave, floating holiday) will be prorated and be adjusted accordingly. Sick leave,
floating holiday and vacation leave do not continue to accrue during any period the employee
is on unpaid status.
Under the California Family rights Act (CFRA) eligible employees are entitled up to 12
additional weeks of leave to bond with the baby. To be eligible for the CFRA bonding leave,
employee must be employed by the City for at least one year and have worked at least.1250
hours during the year preceding the leave. The leave is unpaid, but the employee may use
floating holiday, compensatory time and vacation leave in order to receive pay during the
leave. The employee may use sick leave for a baby's illness or doctor's appointment when
applicable to receive pay during the leave. Bonding leave must be used within one year of the
birth of the baby.
An employee who plans to take PDL must give reasonable notice (not less than 4 weeks if
anticipated or as soon as possible if the leave is unforeseen) before the date employee expects
to take the leave. As with all other employees returning from medical leave, employees
returning from PDL leave of at least 3 days are required to provide a doctor's note clearing
them to return to work. If an employee requires reasonable accommodations as a result of
pregnancy, employee should consult with Human Resources. Employees disabled by
pregnancy and employees on leave to bond with a baby may be eligible for benefits under
State Disability Insurance. Additional information is available at www.edd.ca.gov/Disabililty
and from Human Resources.
SECTION 17: ADOPTION LEAVE
Upon request, a leave of absence without pay for up to four (4) work weeks will be granted to
adoptive parents. Such leave must be used within one year of the adoption. The city will pay
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health and welfare benefits for the duration of the leave as the same rate as prior to the leave
consistent with the contributions as provided for under the existing MOU.
If the employee is eligible for FMLA/CFRA (employed by the city for at least one year and
worked at least 1250 hours during the year preceding the leave), employee may be eligible for
up to 12 work weeks total (the above four (4) work weeks plus an additional eight (8) work
weeks) for bonding with the adopted child during the first year after adoption. The employee
may be eligible for health benefits during the twelve (12) work week period at the same rate
as prior to the leave as provided for under the existing MOU.
During adoption leave, accrued vacation may be used by the employee at his or her option in
order to receive for the leave. Sick leave may only be used during the leave in the event of
illness or medical appointments of the adoptive child during the leave.
SECTION 18: CATASTROPHIC LEAVE
a. The City's Catastrophic Leave Committee will evaluate each individual case when it
is submitted to qualify to receive funds. The only limitation is that the employee must
be the one facing the illness. The committee has the right to establish standards for the
granting of leave hours, and ask the applicant to submit further documentation from
the treating physician, and to determine the applicant's eligibility for catastrophic
leave hours.
b. All benefited employees 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 maximum amount is two months (LTD becomes available at this time).
e. Vacation hours and compensating time off(CTO) hours are the only leave of absence
credits which may be donated. An employee may not donate leave of absence credits
which would reduce his/her total accrued leave balances to less than 120 hours. Leave
credits may be donated in any pay period. All leave donations are irrevocable.
f. A leave of absence transfer drive will be held whenever necessary to provide for a
minimum catastrophic leave bank balance which is the equivalent of 40 hours.
g. Active employees wishing to donate sick leave hours to the Catastrophic Leave bank
will need to convert sick leave hours (maintaining a minimum of 320 hours after
donation) to vacation leave hours.
h. Upon retirement or resignation, an employee can contribute up to 10 hours of sick
leave provided that the employee has a minimum of 320 hours of sick leave, which
has previously become vested.
Transfers may be in increments of one hour or more. All donations will be confidential.
There will be no selling or coercion of employees to donate.
Donated leave hours will be converted to cash and deposited in a time-bank where it
will be available for distribution. Checks will be issued to the recipient with the regular
payroll, which will keep them in an active employment mode with the City. This procedure
prevents overpayments or corrections since it comes after the actual leave has been taken.
(Conversion allows for adjustments for different rates of pay.) No employee shall receive
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payment for more than 100% of his or her regular pay.
An employee or their representative must complete a prescribed application form
together with supporting medical documentation to the Human Resources Division when
applying for funds.
SECTION 19: ABSENCE NOTIFICATION
An employee is expected not to be absent from work for any reason other than
personal illness without making prior arrangements with his/her supervisor. Unless prior
arrangements are made, an employee who, for any reason, fails to report for work must make
a sincere effort to immediately notify his/her supervisor of his/her reason for being absent. If
the absence, whether for personal illness'or otherwise, is to continue beyond the first day, the
employee must notify the supervisor on a daily basis unless otherwise arranged with his/her
supervisor. In proper cases, exceptions will be made.
Any unauthorized absence of an employee from duty shall be deemed to be an absence
without pay and will be grounds for disciplinary action up to and including dismissal by the
department head. In the absence of such disciplinary action any employee who absents
himself/herself for three days or more without authorized leave shall be deemed to have
resigned. Such absence may be covered, however, by the department head by a following
grant of leave with or without pay when extenuating circumstances are found to have existed.
SECTION 20: FAMILY MEDICAL LEAVE/CALIFORNIA FAMILY RIGHTS ACTS
The City of Cupertino shall comply with the leave provisions of the Family Medical Leave
Act and the California Family Rights Act for employees who qualify for leave under these
laws.
SECTION 21: EDUCATION REIMBURSEMENT PROGRAM
It is the intent of the City to recognize the value of continuing education and
professional development of its employees; and to adopt a Tuition Reimbursement Program
which will encourage employees to avail themselves of City job related educational
opportunities that will advance their knowledge and interests in the direction of their career
path. Courses may be specific to their current job specifications, requirements for degree
completion or taken to advance knowledge and skills for a position within the City the
employee wishes to obtain.
The Education Reimbursement Program is a benefit to all full time benefited
employees who have completed the required probationary period and provides tuition
reimbursement of up to one thousand, two hundred ($1,200) per fiscal year for the cost of
registration, required textbooks and/or materials and parking. Employees who wish to seek
reimbursement from the City for educational program costs shall provide a written request for
reimbursement in advance of enrollment to the Human Resources Division. The form
provided shall include the type of training, sponsoring organization or institution, meeting
times and costs. The Human Resources Director and the employee's department head will
16
make the determination if the chosen education program is eligible for reimbursement.
No employee shall receive any reimbursement until they have provided satisfactory
proof of successful completion of the coursework.
Mandatory or annual coursework, attendance at conferences and training required to
maintain job specific certifications or proficiencies are not included in the Tuition
Reimbursement Program.
SECTION 22: CITY SPONSORED RECREATION AND WELLNESS 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 for employee and family members on the
employee's health plan are eligible to receive up to $400 per employee in Rec Bucks toward
City of Cupertino recreation services in accordance with the City's Recreation Buck Policies
and a free employee only annual Cupertino Sports Center membership. Part-time benefited
employees will have the annual amount of Recreation Bucks prorated based on number of
hours worked. Recreation Bucks must be used by the employee within two years of the
issuance date and are non-transferrable.
City employees are eligible to participate in the City's wellness program as provided for in the
City's Administrative Manual.
SECTION 23: DUE PROCESS
For demotions, suspensions of more than five days and terminations of employment, the City
will provide written notice of the intended actions including the reasons therefore; a copy of
any documents upon which the City relied in taking its action and an opportunity to respond,
either orally or in writing, prior to the effective date of the disciplinary action.
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 24: 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
detennining seniority.
17
Employees being laid off shall be entitled to placement in a lower classification;
provided (a) the employee was previously employed with regular status having completed the
probationary period in that lower classification and (b) the employee has more total seniority
with the City than an individual in the lower classification. Any employee being displaced by
an employee opting to be placed in a lower classification shall be entitled to placement in the
lower classification, subject to conditions (a) and (b) listed in this section.
The City will provide a 30 day notice to any employees identified for layoff and layoff
pay in the amount of$2,500 at the time of layoff. Such notice will include the employee's
rights to placement in a lower classification pursuant to this section. Medical, dental, vision,
and life insurance continue through the end of 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.
SECTION 25: 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 26: 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. However, the parties agree that
any automatic economic triggers, forinulas or escalators shall become inoperable and void
upon expiration of this contract.
SECTION 27: 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.
18
SECTION 28: 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 29: REOPENER ON CONCESSIONS
During the tenn of the MOU, should any other bargaining unit reach a signed
agreement that results, over the lifetime of the contract, a package that contains few
concessions than the CEA's overall package, then the City agrees to reopen negotiations with
the goal of adjusting the reductions to an equitable amount.
SECTION 30: REOPENER
The parties agree to reopen this article only on later than December 1, 2013 to meet and
confer to impasse consistent with AB646 over necessary changes to the City's Medical
program as a result of the Affordable Health Care Act defining the features of the Health
Reimbursement Account and/or restructuring the City's contribution toward medical
including the elimination of the Ca1PERS 100/90 retiree medical program.
SECTION 31: TERM
This agreement shall be effective commencing at 12:01 a.m., July 1, 2013 and ending
at 11:59 p.m. June 30, 2016.
CITY EMPLOYEES' SOCIATION 'Y OF CUPERTINO
'Ra~611e Sander David Brandt
at44ti
Beth Ebbe C-�a oitee�}—K►,s� ��, {�`-�,rb
Larry S uarcia L
Jeff Ordwa City Attorney, Approved as to form
of
19
EXHIBIT 1
SECTION 2: SALARY SCHEDULE 2013
Salary Effective July 1, 2013
Classification Step 1 Step 2 Step 3 Step 4 Step 5
Account Clerk $4,622 $4,853 $5,096 $5,350 $5,618
Administrative Clerk $4,894 $5,138 $5,395 $5,665 $5,948
Assistant Civil Engineer $6,960 $7,307 $7,673 $8,057 $8,459
Assistant Planner $6,268 $6,582 $6,911 $7,257 $7,619
Associate Civil Engineer $7,501 $7,875 $8,269 $8,683 $9,116
Associate Planner $6,755 $7,093 $7,448 $7,820 $8,211
Building Inspector $7,118 $7,474 $7,847 $8,240 $8,652
Case Manager $5,065 $5,318 $5,584 $5,863 $6,156
Code Enforcement Officer $5,795 $6,084 $6,389 $6,708 $7,044
Engineering Technician $5,871 $6,165 $6,473 $6,797 $7,137
Environmental Programs Assistant $5,912 $6,208 $6,519 $6,845 $7,187
Facility Attendant $3,545 $3,723 $3,909 $4,104 $4,310
Media Coordinator $5,295 $5,559 $5,837 $6,129 $6,436
Office Assistant $3,906 $4,101 $4,306 $4,522 $4,748
Permit Technician $4,820 $5,061 $5,314 $5,580 $5,859
Plan Check Engineer $7,538 $7,914 $8,310 $8,726 $9,162
Pro Shop Attendant $3,329 $3,496 $3,671 $3,854 $4,047
Producer $5,128 $51384 $5,654 $5,936 $6,233
Program Promotions Director $4,766 $5,005 $5,255 $5,518 $5,794
Public Works Inspector $7,118 $7,474 $7,847 $8,240 $8,652
Receptionist/Clerk $3,524 $3,701 $3,886 $4,080 $4,284
Recreation Assistant $2,516 $2,642 $2,774 $2,912 $3,058
Recreation Coordinator $4,843 $5,085 $5,339 $5,606 $5,886
Senior Building Inspector $7,605 $7,986 $8,385 $8,804 $9,244
Senior Code Enforcement Officer $6,084 $6,389 $6,708 $7,044 $7,396
Senior Engineering Technician $6,328 $6,644 $6,976 $7,325 $7,691
Senior Office Assistant $4,337 $4,554 $4,781 $5,021 $5,272
Senior Planner $7,244 $7,606 $7;986 . _ $8,386 ; $8,805
Senior Traffic Technician $6,328 $6,644 $6,976 $7,325 $7,691
Special Programs Coordinator $4,294 $4,509 $4,734 $4,971 $5,220
Traffic Signal Technician $6,585 $6,914 $7,260 $7,623 $8,004
Traffic Signal Technician-Apprentice $5,688 $5,973 $6,271 $6,585 $6,914
Traffic Technician $5,871 $6,165 $6,473 $6,797 $7,137
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Salary Effective July 1, 2014
Classification Step 1 Step 2 Step 3 Step 4 Step 5
Account Clerk I $4,276 $4,490 $4,715 $4,950 $5,198
Account Clerk II $4,715 $4,950 $5,198 $5,458 $5,731
Administrative Clerk $4,977 $5,226 $5,487 $5,762 $6,050
Assistant Civil Engineer $7,135 $7,491 $7,866 $8,259 $8,672
Assistant Planner $6,407 $6,727 $7,064 $7,417 $7,788
Associate Civil Engineer $7,690 $8,073 $8,477 $8,901 $9,346
Associate Planner $6,905 $7,250 $7,612 $7,993 $8,393
Building Inspector $7,224 $7,586 $7,965 $8,363 $8,781
Case Manager $5,249 $5,511 $5,787 $6,076 $6,380
Code Enforcement Officer $5,917 $6,213 $6,523 $6,850 $7,192
Engineering Technician $5,959 $6,257 $6,570 $6,899 $7,244
Environmental Programs Assistant $6,001 $6,301 $6,616 $6,947 $7,295
Facility Attendant $3,660 $3,843 $4,035 $4,237 $4,449
Media Coordinator $5,455 $5,727 $6,014 $6,314 $6,630
Office Assistant $3,972 $4,171 $4,380 $4,599 $4,829
Permit Technician $5,005 $5,255 $5,518 $5,794 $6,084
Plan Check Engineer $7,789 $8,177 $8,586 $9,016 $9,466
Pro Shop Attendant $3,379 $3,548 $3,726 $3,912 $4,108
Producer $5,205 $5,465 $5,738 $6,025 $6,327
Program Promotions Director $4,838 $5,080, $5,334 $5,600 $5,881
Public Works Inspector $7,224 $7,586 $7,965 $8,363 $8,781
Receptionist/Clerk $3,577 $3,756 $3,944 $4,141 $4,348
Recreation Assistant $2,559 $2,687 $2,821 $2,962 $3,110
Recreation Coordinator $5,018 $5,269 $5,533 $5,810 $6,100
Senior Building Inspector $7,719 $8,105 $8,511 $8,936 $9,383
Senior Code Enforcement Officer $6,213 $6,523 $6,850 $7,192 $7,552
Senior Engineering Technician $6,422 $6,744 $7,081 $7,435 $7,807
Senior Office Assistant $4,411 $4,631 $4,863 $5,106 $5,361
Senior Planner $7,404 $7,774 $8,163 $8,571 . $9,000
Senior Traffic Technician $6,422 $6,744 $7,081 $7,435 $7,807
Special Programs Coordinator $4,359 $4,577 $4,805 $5,046 $5,298
Traffic Signal Technician $6,684 $7,018 $7,369 $7,738 $8,124
Traffic Signal Technician-Apprentice $5,774 $6,062 $6,366 $6,684 $7,018
Traffic Technician $5,959 $6,257 $6,570 $6,899 $7,244
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Salary Effective July 1, 2015
Classification Step 1 Step 2 Step 3 Step 4 Step 5
Account Clerk I $4,369 $4,587 $4,817 $5,057 $5,310
Account Clerk II $4,817 $5,057 $5,310 $5,576 $5,855
Administrative Clerk $5,049 $5,302 $5,567 $5,845 $6,138
Assistant Civil Engineer $7,383 $7,751 $8,139 $8,547 $8,973
Assistant Planner $6,565 $6,893 $7,238 $7,600 $7,980
Associate Civil Engineer $7,957 $8,354 $8,772 $9,211 $9,671
Associate Planner $7,075 $7,429 $7,800 $8,190 $8,600
Building Inspector $7,315 $7,680 $8,065 $8,468 $8,891
Case Manager $5,591 $5,870 $6,164 $6,472 $6,796
Code Enforcement Officer $6,063 $6,366 $6,684 $7,019 $7,369
Engineering Technician $6,034 $6,336 $6,652 $6;985 $7,334
Environmental Programs Assistant $6,076 $6,380 $6,699 $7,034 $7,386
Facility Attendant $3,861 $4,054 $4,257 $4,470 $4,694
Media Coordinator $5,716 $6,002 $6,302 $6,617 $6,948
Office Assistant $4,022 $4,223 $4,434 $4,656 $4,889
Permit Technician $5,366 $5,635 $5,917 $6,212 $6,523
Plan Check Engineer $8,218 $8,627 $9,059 $9,512 $9,987
Pro Shop Attendant $3,422 $3,593 $3,772 $3,961 $4,159
Producer $5,270 $5,533 $5,810 $6,101 $6,406
Program Promotions Director $4,898 $5,143 $5,400 $5,670 $5,954
Public Works Inspector $7,315 $7,680 $8,065 $8,468 $8,891-
Receptionist/Clerk
8,891Rece tionist/Clerk $3,622 $3,803 $3,993 $4,193 $4,403
Recreation Assistant $2,591 $2,720 $2,856 $2,999 $3,149
Recreation Coordinator $5,345 $5,613 $5,893 $6,188 $6,498
Senior Building Inspector. $7,816 $8,207 $8,617 $9,048 $9,500
Senior Code Enforcement Officer $6,372 $6,691 $7,025 $7,377 $7,746
Senior Engineering Technician $6,503 $6,828 $7,169 $7,528 $7,904
Senior Office Assistant $4,466 $4,689 $4,924 $5,170 $5,428
Senior Planner $7,587 $7,966 $8,364 $8,783 $9,222
Senior Traffic Technician $6,503 $6,828 $7,169 $7,528 $7,904
Special Programs Coordinator $4,413 $4,634 $4,866 $5,109 $5,364
Traffic Signal Technician $6767 $7,106 $7,461 $7,834 $8,226
Traffic Signal Technician-Apprentice $5,846 $6,138 $6,445 $6,767 $7,106
Traffic Technician $6,034 $6,336 $6,652 $6,985 $7,334
Amended: 7/1/14
Note: This salary schedule is inclusive of both the salary increases provided for in Section 2
of the MOU and the equity adjustments outlined in Exhibit 2 below.
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EXHIBIT 2: 'Total Compensation Equity Adjustment Schedule
Classification Equity Effective the first Effective the
Adjustments, full pay period..in First Full pay
Effective the First July 2014 period in July
Full pay period 2015
after Association
Ratification and
Council Adoption
Account Clerk 0.5% 0.5% 0.9%
Administrative Clerk 0.4% 0.2% 0.2%
Associate Civil Engineer 0.8% 1.0% 2.2%-
Associate Planner 0.6% 0.7% 1.2%
Assistant Planner 0.6% 0.7% 1.2%
Senior Planner 0.6% 0.7% 1.2%
Building Inspector 0.0% 0.0% 0.0%
Senior Building Inspector. 0.0% 0.0% 0.0%
Code Enforcement Officer 0.6% 0.6% 1.2%
Senior Code Enforcement Officer 0.6% 0.6% 1.3%
Engineer Technician 0.0% 0.0% 0.0%
Environmental Programs Manager
Environmental Programs Assistant 0.0% 0.0% 0.0%
Permit Technician* 1.7% . 2.3% 5.9%
Plan Check Engineer 1.3% 1.8% 4.2%
Public Works Inspector 0.0% 0.0% 0.0%
Recreation Coordinator 1.6% 2.1% 5.2%
Case Manager 1.6% 2.1% 5.2%
Facility Attendant 1.3% 1.7% 4.2
Senior Office Assistant 0.3% 0.2% 0.0%
Office Assistant 0.3% 0.2% 0.0%
Recreation Assistant 0.3% 0.2% 0.0%
Traffic Signal Technician 0.0% 0.0% 0.0%
Web Specialist
Media Coordinator 1.1% 1.5% 3.5%
Classifications-in bold=Benchmark class
*Permit Technician will receive an additional equity adjustment in Year 1 to close the 2.8%
inequity in Base+Cash
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