CC Resolution No. 04-365
RESOLUTION NO. 04-365
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CUPERTINO AND
THE CITY EMPLOYEES' ASSOCIATION
WHEREAS, meetings have been held over proposals concerning wages, hours, and other
terms and conditions of employment between representatives of the City and of the City
Employees' Association, the recognized representative of the Miscellaneous Employees Unit;
and
WHEREAS, the agreement mutually obtained through these meetings has been recorded
in a Memorandum of Understanding to be signed by both parties, which memorandum has been
submitted to the City Council for approval.
NOW, THEREFORE, BE IT RESOLVED that the City Council ofthe City of Cupertino
does hereby adopt the attached Memorandum of Understanding between the City of Cupertino
and the City Employees' Association.
PASSED AND ADOPTED at a regular meeting of the City Council ofthe City of Cupertino
this 19th day of July 2004 by the following vote:
VOTE
AYES:
MEMBERS OF THE CITY COUNCIL
James, Kwok, Lowenthal, Sandoval, Wang
NOES:
None
ABSENT:
None
ABSTAIN:
None
ATTEST:
APPROVED:
. ~
City~\
W~~~~ð~
Mayor, City ofC rtino
....--'
MEMORANDUM OF UNDERSTANDING
Cupertino City Employees' Association
and
City of Cupertino
July 19, 2004 - June 30, 2005
Table of Contents
Ca.tegoq s.ection P~gl' Nllmhl'r
No Discrimination 3
Salary Schedule 2 3
Out of Classification Pay 3 3
Bilingual Pay Differential 4 3
Hours of Work - Overtime 5 3
Work Furlough 6 5
PERS Contribution 7 5
Insurance Coverage 8 5
Holidays 9 6
Temporary Disability Benefits 10 7
Vacation II 8
Sick Leave 12 8
Sick Leave Verification 13 10
Family Leave 14 10
Personal Leave 15 10
Bereavement Leave 16 10
Military Leave 17 10
Pregnancy Disability Leave 18 II
Adoption Leave 19 II
Catastrophic Leave 20 II
Absence Notification 21 12
Training & Tuition Reimbursement 22 12
City Sponsored Recreation Programs 23 13
Ca.tegoq s.ection P~gl' Nllmhl'r
Due Process 24 13
Layoffs 25 13
Reinstatement 26 14
Continuation of Benefits 27 14
Separability 28 14
Salary Review 29 14
Ratification 30 14
Extended Benefits 31 15
Term 32 15
Salary Schedule Attachment A 17
Side Letter to Section 31 18
MEMORANDUM OF UNDERSTANDiNG
BETWEEN
CITY OF CUPERTINO
AND
CUPERTINO CITY EMPLOYEES' ASSOCIATION
This agreement, entered into the 19th day of July 2004, 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 I: NO DISCRIMINATION
City and Association agree they shall not discriminate in any way on account of race,
color, creed, religion, sex, age, national origin, political affiliation, sexual preference, disability,
or for Association activity.
SECTION 2: SALARY SCHEDULE
Approximate monthly salary ranges as listed on Attachment A will apply for each
classification effective at the beginning of the pay period in which July 19, 2004 occurs.
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 I rate of the higher classification, or at a rate
five percent greater than that of the regular position, but not more than the maximum step of the
higher class, whichever is greater, for the number of hours so assigned.
SECTION 4: BILINGUAL PAY DIFFERENTIAL
An employee who uses bilingual skills as approved by his/her supervisor and who passes
the required language proficiency testes) is eligible to receive a 7.5% bilingual pay differential
only for the work time during which employee uses bilingual skills. For payroll reporting
purposes, the 7.5% bilingual pay differential will be recorded with a 15 minute minimum.
SECTION 5: HOURS OF WORK: OVERTIME
5.1 Rollr. o[Work Dl'finl'c1
Hours worked shall include all time not under the control of the employee whether such
hours are worked in the City's work place, or in some other place where the employee is carrying
out the duties of the City.
The normal work week shall be 40 hours in seven days.
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5.2 iliærtime.
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 S~hl'c11111'.
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 RI'.t Pl'rioc1.
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 PHyml'nt ofOvl'rtiml'
All approved overtime work performed by employees shall be paid at the rate of one and
one-half (I 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 rompl'n.Mory Timl' Off (rTO)
At the employee's discretion, compensatory time off may be granted for overtime worked
at the rate of time and one-half for each hour worked in lieu of compensation in cash. Employees
who have previously earned compensatory time, shall be allowed to schedule compensatory time
off at dates of the employee's selection provided that prior supervisory approval has been
obtained.
Compensatory time may be accrued up to 80 hours. Any compensatory time earned
exceeding 80 hours will be paid in cash at the rate of time and one-half.
An employee may exercise his/her option two times each calendar year to convert any/or
all accumulated compensatory time to cash.
5.7T I'HVI' A~~mHl.
An employee shall not accrue leave credits (vacation, sick leave) during a pay period if
off without pay for more than 40 hours during said pay period.
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SECTION 6.1: WORK FURLOUGH
During fiscal year 2004/05, all employees will take the following five unpaid work
furlough days during which City facilities* will be closed:
Monday, October 25, 2004
Monday, November 29, 2004
Monday, December 27, 2004
Monday, January 31, 2005
Monday, February 28, 2005
*The Sports Center, Quinlan Community Center and Blackberry Farm Golf Course
will remain open on work furlough days staffed by part-time non-benefited employees.
Employees on an alternate work schedule will be required to record 8 hours of leave
without pay and one additional hour of vacation, CTO, floating holiday, administrative
leave or leave without pay for each ofthe above work furlough days.
SECTION 6.2: FACILITIES CLOSURE
During fiscal year 2004/05, City facilities* will be closed from December 23, 2004
through January 2, 2005. December 27 will be a work furlough day. Employees may use
vacation, CTO, floating holiday, administrative leave, or leave without pay for work time
(excluding work furlough time) missed during this facilities closure.
*The Sports Center, Quinlan Community Center and Blackberry Farm Golf Course
may remain open on facilities closure days staffed by part-time non-benefited employees.
SECTION 7: P.E.R.S. CONTRIBUTION
The City agrees to pay the employee's contribution rate to the Public Employees
Retirement System not to exceed 7.0% of applicable salary. The City agrees to pay the
employer's contribution rate to the Public Employees Retirement System.
SECTION 8: INSURANCE COVERAGE
8.1 RI'Hlth - MI'c1i~Hl Tn.llrHn~1'
City agrees to pay an amount as set forth hereinfor medical coverage for employee and
dependents through the Meyers-Geddes State Employees Medical and Hospital Care Act. For
each participating employee, the City shall contribute toward premium cost the following amount
per month during the term ofthis agreement:
July 1,2004 - $682.00
Beginning January 1, 2005 - $714.00
5
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 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.
8.2 Dental Tn.lImn~1'
City agrees to pay $74.47 per month for employees and their dependents.
8.3 T ifl' Tn.llrHnœ
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 Tong Tl'rm Di.Hhility Tn.lIrHn~1'
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 Vi.ion rHrl' Tn.llrHnce
The City shall provide Vision Care Insurance for employees and their dependents at a
cost of $13.74 monthly.
SECTION 9: HOLIDAYS
9.1 Fixl'c1 Holic1HY'
The City shall provide the following fixed paid (8 Hour) holidays for eligible employees
covered by this agreement:
1. New Year's Day
2. Martin Luther King Day
3. President's Day
4. Memorial Day
5. Independence Day
6. Labor Day
7. Veteran's Day
8. Thanksgiving Day
9. Day following Thanksgiving
10. Christmas Eve
II. Christmas Day
12. New Year's Eve
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When a holiday falls on a Saturday, the preceding Friday shall be observed as the non-
work day. When a holiday falls on a Sunday, the following Monday shall be observed as the non-
work day.
Nothing contained herein shall preclude the right of the department head with the
approval of the Appointing Authority to reschedule work assignments or hours of work to meet
emergency situations and other administrative necessities caused by the observance of a holiday
or non-work day or period; provided, however, that all such affected employees are duly
compensated for said rescheduled work assignments.
9.2 FloHting Holic1HY.
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 Holic1HyPHY
In order for an employee to receive hislher 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
hislher 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 T r.1' of Sià T I'HVI' to SlIppll'ml'nt Tl'mporHry (¡1ot hl'1c1) Di'Hhility PHyml'nt'
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 0,1' ofSià T I'HVI' for Tnc1ll,triHl Tnjllry MI'c1i~Hl Appointml'nt.
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.
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SECTION 11: VACATION
All employees, other than those holding temporary status, whose work assignment is of a
recurring nature of not less than a normal work week shall accrue vacation credit. Accrued
vacation credits may be taken with prior supervisory approval.
Benefited full-time employees accrue vacation in accordance with the following schedule.
Benefited employees who work less than a full-time work schedule accrue vacation in
accordance with the following schedule on a pro-rated basis.
Sl'rvi~1' Timl' H.. of AœmHl Pl'r PHY AnnllHl A~~mHl, MHximllm AœmHl
&riad
0 - 3 Years 3.08 80 Hours 160 Hours
4-9Years 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. All exchanges
are irrevocable.
4. A maximum of 80 hours of accrued vacation may be converted for pay during a calendar
year.
SECTION 12: SICK LEAVE
All full time employees, other than those holding temporary status, shall earn eight (8)
hours per month sick leave time without limit on accumulation. Those regular employees
working less than full time (at least 20 hours per week) shall earn in one month the number of
hours of sick leave they would normally work in one day or the equivalent without limit on
accumulation.
Sick leave may be utilized due to the employee's personal illness, injury, maternity or
sickness or injury to the immediate family.
Immediate family is defined as spouse and children. Employees shall, whenever possible,
make appointments for medical, dental and similar purposes on non-work hours. If this is not
possible, sick leave may be used for these purposes.
8
With proper notice and approval of the supervisor, sick leave shall be taken in periods of
no less than one-half hour increments.
12.1 Sid, T "HVI' ronvl'r.ion
12.2 Sick leave is not vested under California statutory law.
12.3 At the time of termination, the value of non-vested hours is converted to an incentive
compensation bank equal to the employee's base hourly rate at the time of termination.
12.4 If upon retirement an employee has a minimum of 320 non-vested hours, payment
shall be made for eighty-five percent (85%) of the value of the incentive compensation bank.
12.5 If upon resignation an employee has a minimum of 320 non-vested hours, payment
shall be made for seventy percent (70%) of the value of the incentive compensation bank.
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.
The granting of such exchange and subsequent use will be at the discretion of the
department head.
If twelve (12) months have elapsed since approval of the exchange of sick leave
for vacation, and the employee has not been permitted the use of the converted
vacation time, (after submitting at least one written request for utilization) the
employee will have the right to re-convert the vacation time to sick leave in
reverse ratio to the original exchange. This exchange will be allowed only for
previously converted sick time to vacation and will not be permitted for regularly
accrued vacation time.
b.
c.
9
d.
If the employee's vacation accrual exceeds the maximum allowable accrual,
he/she will have the option to re-convert vacation time back to sick leave on a
reverse ratio basis. Such re-conversion shall be limited to previously converted
sick leave/vacation and may not exceed the amount necessary to reduce the
accrued vacation to the maximum allowable. Regularly accrued vacation time will
not be eligible for this re-conversion to sick leave and any regularly accrued
vacation time accrued in excess of the maximum allowable will be disallowed and
not subject to utilization by the employee.
NOTE: As used in this document, "reverse ratio" is intended to mean that the ratio of sick
leave to vacation will revert to the original ratio at the time the initial exchange was
implemented.
SECTION 13: SICK LEAVE VERIFICATION
A Department Head or supervisor may at their discretion require employees to furnish
reasonable acceptable evidence, including a doctor's certificate, to substantiate a request for sick
leave if the sick leave exceeds three (3) consecutive workdays. A supervisor may also require a
doctor's certificate or other form of verification where leave abuse is suspected. If it appears that
an employee is abusing sick leave or is using sick leave excessively, the employee will be
counseled that the continued use of sick leave may result in a requirement to furnish a medical
certificate for each such subsequent absence for sick leave regardless of duration. Continued
abuse of leave or excessive use of sick leave may constitute grounds for discipline up to and
including dismissal.
SECTION 14: FAMILY LEAVE
The City of Cupertino will be in compliance with State and Federal Family Leave laws.
SECTION 15: PERSONAL LEAVE
The City shall allow accumulated sick leave credits to be used for medical appointments,
to care for children or members of the immediate family who because of illness cannot care for
themselves, and for medical emergencies.
SECTION 16: BEREAVEMENT LEAVE
Employees shall be granted paid bereavement leave not to exceed three (3) work days
upon the occasion of death of a close relative. Close relatives are defined as mother, father, sister,
brother, wife, husband, domestic partner, child, step-child, grandparent, grandchildren, mother-
in-law and father-in-law.
SECTION 17: MILITARY LEAVE
Military leave shall be granted in accordance with the provision of State law. All
employees entitled to military leave shall give their supervisor an opportunity within the limits of
military requirements, to determine when such leave shall be taken.
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SECTION 18: PREGNANCY DISABILITY LEAVE
A pregnant employee is entitled up to four (4) months leave of absence without pay for
temporary disability resulting from pregnancy, miscarriage, childbirth or recovery therefrom.
Employees shall take unpaid leave of absence during such leave except that accrued vacation pay
and sick leave may be taken at the option ofthe employee.
As with all other temporary disabilities, a physician's certificate is required to verify the
extent and duration of the temporary disability.
An employee who plans to take a pregnancy leave must give reasonable notice (if
possible, not less than four (4) weeks) before the date she expects to take the leave and the
estimated duration of the leave. The City will continue to provide health and welfare benefits
consistent with the provisions of Section 6 of this agreement until the employee is released by her
physician to return to work or for sixty (60) days, whichever comes first.
SECTION 19: ADOPTION LEAVE
Upon request, a leave of absence without pay for up to four (4) weeks will be granted to
adoptive parents. Accrued vacation pay and sick leave may be taken at the option of the
employee during this leave time. The City will pay health and welfare benefits at the same rate as
prior to the leave.
SECTION 20: CATASTROPHIC LEAVE
a.
The City's Catastrophic Leave Committee will evaluate each individual case
when it is submitted to qualify to receive funds. The only limitation is that the
employee must be the one facing the illness. The committee has the right to
establish standards for the granting of leave, and ask the applicant to submit
further documentation from their physician, and to determine the applicant's
eligibility for catastrophic leave.
All benefited employees who have passed initial probation with the City will be
eligible to receive assistance. An employee does not have to be a contributor to be
eligible.
A recipient must have used all of their available leave hours before he/she is
eligible.
The minimum time an employee could receive funds would be one week. The
maximum amount is two months (LTD becomes available at this time).
Vacation hours and compensating time off (CTO) hours are the only leave of
absence credits which may be donated. An employee may not donate leave of
absence credits which would reduce hislher total accrued leave balances to less
than 120 hours. Leave credits may be donated in any pay period. All leave
donations are irrevocable.
A leave of absence transfer drive will be held whenever necessary to provide for a
minimum catastrophic leave bank balance which is the equivalent of 40 hours.
Transfers may be in increments of one hour or more. All donations will be
confidential. There will be no selling or coercion of employees to donate.
b.
c.
d.
e.
f.
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Donated vacation leave hours will be converted to cash and deposited in a time-bank
where it will be available for distribution. Interest accruing from the bank shall be credited to the
time-bank. Checks will be issued to the recipient with the regular payroll, which will keep them
in an active employment mode with the City. This procedure prevents overpayments or
corrections since it comes after the actual leave has been taken. (Conversion allows for
adjustments for different rates of pay.) No employee shall receive payment for more than 100%
of his or her regular pay.
An employee or their representative must complete a prescribed application form together
with supporting medical documentation to the Human Resources Division when applying for
funds.
SECTION 21: ABSENCE NOTIFICATION
An employee is expected not to be absent from work for any reason other than personal
illness without making prior arrangements with hislher 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 hislher supervisor of hislher 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 hislher 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
himselfi'herself for three days or more without authorized leave shall be deemed to have resigned.
Such absence may be covered, however, by the department head by a following grant of leave
with or without pay when extenuating circumstances are found to have existed.
SECTION 22: TRAINING AND TUITION REIMBURSEMENT
Tuition reimbursement, as described below, is suspended for fiscal year 2004/05.
It is the intent of the City to recognize the value of training to its employees; and to adopt
a training policy which will encourage employees to avail themselves of job related educational
opportunities that will advance their knowledge and interests in the direction of their career with
the City; and by doing so to improve the Municipal Service. Employees who wish to seek
reimbursement from the City for job related training program costs shall provide a written
request for reimbursement to the Human Resources Division. The form provided shall include
the type of training, sponsoring organization or institution, meeting times and costs.
Once a training program has been approved, any employee covered would be eligible for
reimbursement for job related training. However, no employee shall receive any reimbursement
until they have provided satisfactory proof of successful completion of the training program.
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SECTION 23: CITY SPONSORED RECREATION PROGRAMS
City employees shall have the privilege of enrollment in City sponsored recreation
programs at City residents' fee structure and in preference to non-residents wishing to enroll.
Each calendar year, benefited employees are eligible to receive up to $500 toward City of
Cupertino recreation services in accordance with the City's Recreation Buck Policies. Part-time
benefited employees will have the annual amount prorated based on number of hours worked.
Not withstanding the above, recreation bucks shall be reduced from $500 to $300 for
calendar year 2005.
SECTION 24: DUE PROCESS
In each and every instance involving the issuance of warning notices, suspensions or the
dismissal or discharge of an employee, such will not be effectuated without the employee first
having been given, in writing the basis for such action being taken and the opportunity to
question the reasons therefore of his /her supervisor or department head. Said opportunity shall be
as soon as is practical after having been served the written notice and shall not constitute any
limitation otherwise available through the grievance or appeal procedures. Any written warning
in an employee's file will be removed from the file after three years.
SECTION 25: LAYOFF PROCEDURE
The appointing authority may layoff employees for lack of funds, lack of work or for other
similar and just cause. The appointing authority will identify the classification(s) subject to
layoff. All classifications and all departments citywide are subject to layoff considerations.
Employees in a classification(s) identified for layoff shall be laid off in reverse order of
seniority, based on the date of the appointment to the classification. If an employee
separates from City employment for a period of more than 30 days, the time off from City
employment shall be deducted from an employee's length of service for the purpose of
determining seniority.
Employees being laid off shall be entitled to placement in a lower classification; provided
(a) the employee was previously employed with regular status having completed the
probationary period in that lower classification and (b) the employee has more total
seniority with the City than an individual in the lower classification. Any employee being
displaced by an employee opting to be placed in a lower classification shall be entitled to
placement in the lower classification, subject to conditions (a) and (b) listed in this section.
The City will provide a 30 day notice to any employees identified for layoff and layoff pay
in the amount of $1,500 at the time of layoff. Such notice will include the employee's rights
to placement in a lower classification pursuant to this section. Medical, dental, vision, and
life insurance continue through the end of the month in which the layoff is effective. In
addition, the employee will be provided with an opportunity to elect to enroll in COBRA
medical, dental, and/or vision coverage at the time of layoff and at employee expense.
13
The names ofthe 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 26: REINSTATEMENT
The names of employees affected by layoff shall be placed on recall list for a period of
two years in the reverse order of layoff and shall have the first opportunity for reinstatement.
Failure to respond within ten days to a written notice of such opportunity shall cause that name to
be removed from the recall list.
With the approval of the Appointing Authority, a regular or probationary employee who
has resigned with a good record may be reinstated within twenty-four months of the effective
date of resignation to a vacant position in the same or comparable class he/she previously
occupied. Upon reinstatement, the employee for all purposes, shall be considered as though they
had received an original appointment.
SECTION 27: CONTINUATION OF BENEFITS
All terms and conditions of employment not otherwise contained herein shall be
maintained at the standards in effect at the time of execution.
SECTION 28: SEPARABILITY
In the event any provision of this agreement is finally held to be illegal by a court of
competent jurisdiction or void as being in contravention of any law, rule or regulation of any
government agency having jurisdiction over the subject set forth, then the remainder of the
agreement shall continue in full force and effect unless the parts so found to be void are held
inseparable from the remaining portion of the agreement.
SECTION 29: SALARY REVIEW
The City agrees to perform a salary and retirement review for one classification at the request of
the CEA negotiations team.
SECTION 30: 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 ofthe City.
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SECTION 31: EXTENDED BENEFITS
It is understood and agreed that any more favorable total compensation package agreed to
by the City with any other bargaining unit of employees during the life of this agreement will be
extended to the Cupertino Employee's Association. The more favorable terms will be
incorporated into this agreement.
SECTION 32: TERM
This agreement shall be effective commencing at 12:01 a.m., July 19,2004 and ending at
II :59 p.m. June 30, 2005.
15
CITY EMPLOYEES' ASSOCIATION
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Diane E. Arrants
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Bethany Ebb
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Peter S. Gilli 1 ~
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Colin C. Jung / I
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Susan Winslow
Date:
Charles T. Kilian
16
CITY OF CUPERTINO
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David W. Knapp 1
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Carol A. Atwood
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Carol Augustme
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Sandy Abe
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Date:
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Date:
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SECTION 2: SALARY SCHEDULE
ATTACHMENT A
Classification Step 1 Step 2 Step 3 Step 4 Step 5
Account Clerk $3,784.00 $3,973.00 $4,172.00 $4,380.00 $4,599.00
Administrative Cierk $4,011.00 $4,211.00 $4,422.00 $4,643.00 $4,875.00
Assistant Civil Engineer $5,681.00 $5,965.00 $6,263.00 $6,577.00 $6,905.00
Assistant Planner $5,127.00 $5,383.00 $5,652.00 $5,935.00 $6,232.00
Associate Civil Engineer $6,123.00 $6,428.00 $6,750.00 $7,088.00 $7,441.00
Associate Planner $5,525.00 $5,801.00 $6,092.00 $6,396.00 $6,716.00
Building Inspector $5,856.00 $6,149.00 $6,457.00 $6,780.00 $7,119.00
Case Manager $4.102.00 $4,307.00 $4,522.00 $4.748.00 $4,986.00
Code Enforcement Officer $4,739.00 $4,976.00 $5,225.00 $5,487.00 $5,761.00
Engineering Technician $4,831.00 $5,073.00 $5,326.00 $5,593.00 $5,872.00
Environmental Programs Assistant $4,865.00 $5.108.00 $5,363.00 $5,632.00 $5,913.00
Facility Attendant $2,880.00 $3,024.00 $3,175.00 $3,334.00 $3,500.00
Office Assistant $3,204.00 $3,364.00 $3,533.00 $3,709.00 $3,895.00
Media Coordinator $4,309.00 $4,524.00 $4,751.00 $4,989.00 $5,239.00
Pro Shop Attendant $2,739.00 $2,876.00 $3,020.00 $3,171.00 $3,330.00
Public Works Inspector $5,856.00 $6,149.00 $6,457.00 $6.780.00 $7,119.00
Receptionist/Clerk $2.900.00 $3,045.00 $3,197.00 $3,357.00 $3,525.00
Recreation Assistant $2,064.00 $2,167.00 $2,275.00 $2,389.00 $2,509.00
Recreation Coordinator $3,840.00 $4,032.00 $4,234.00 $4,446.00 $4,668.00
Senior Engineering Technician $5,206.00 $5,467.00 $5,740.00 $6,027.00 $6,328.00
Senior Office Assistant $3,558.00 $3,736.00 $3,922.00 $4,119.00 $4,324.00
Senior Planner $5,925.00 $6,221.00 $6,532.00 $6,859.00 $7,202.00
Senior Traffic Technician $5,206.00 $5,467.00 $5,740.00 $6,027.00 $6,328.00
Special Programs Coordinator $3,533.00 $3,710.00 $3,895.00 $4,090.00 $4,295.00
Traffic Signal Technician $5,418.00 $5,689.00 $5.974.00 $6,272.00 $6,586.00
Traffic Technician $4,831.00 $5,073.00 $5,326.00 $5,593.00 $5,872.00
17
Sideletter to Section 31:
The parties agree that compensation improvements granted to another bargaining unit
after the expiration date of this contract (6-30-05) will not trigger any modification to this
agreement.
Approval of Amendment to MOU:
CITY OF CUPERTINO
CITY EMPLOYEES'
ASSOCIATION
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David W. Knapp Date
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Date
Diane E. Arrants
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Carol A. Atwood Date
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Bethany Ebb
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Date
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Carol Augustin;J Date
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/§andy Abe
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Date
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Kimberly Frey ate
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Colin C. Jun
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Chyle
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Susan Winslow Date
Date
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Charles T. Kilian Date
18