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BETWEEN
THE CITY OF GILROY
AFSCM E, AFL -CIO, LOCAL 101
GILROY CHAPTER
SUPERVISORY UNIT
NOVEMBER 1, 2015 - DECEMBER 31, 2016
TABLE OF CONTENTS
AFSCME, LOCAL 101
SUPERVISORY UNIT MOU
ARTICLE /SECTION
DESCRIPTION
PAGE NUMBER
ARTICLE I
PARTIES TO THE AGREEMENT_
1
ARTICLE II
RECOGNITION AND SCOPE_
1
ARTICLE III
CITY RIGHTS
1
Section A
In General
1
Section B
Rights Enumerated
2
Section C
Consultations with Union
2
ARTICLE IV
UNION _RIGHTS
2
Section A
Em` to ee Grievances Not Im aired
2
Section B
Agency Shop
2
Section C
Information
3
ARTICLE V
SALARIES AND OTHER COMPENSATION
4
Section A
Salaries
4
Section B
Retention /Recognition Incentive /Health
Reimbursement Arrangement
4
Section C
Retirement Plans and Con_ tributions
5
Section D _
Shift Differential
6
Section E
Education Incentive
.6
Section F
Tuition Reimbursement
7
Section G
Overtime
7
Section H
Stand-By Pay
g
Section I
Call Back Pay
g
Section J
Work Out Of Classification Pay
g
Section K
Holiday Pay
g
Section L
License Pay
g
Section M
Bi -Lin ual Pay
10
ARTICLE VI
INSURANCE PROGRAMS
10
Section A
Medical Insurance
10
Section B
Life Insurance
11
Section C
Long Term_ Disability Insurance
11
ARTICLE VII
LEAVES -
12
Section A
Vacation Leave
12
Section B
Sick Leave
12
Section C
Personal Leave
13
Section D
Bereavement Leave
13
Section E
Holidays
13
Section F
Christmas Eve Mandatory Closure
14
ARTICLE VIII
MISCELLANEOUS
14
Section A
Uniforms
14
TABLE OF CONTENTS
AFSCME, LOCAL 101
SUPERVISORY UNIT MOU
ARTICLE/SECTION
DESCRIPTION
PAGE NUMBER
Section B
Safe Work Place Commitment
15
Section C
Safety Committee
15
Section D
Tool Allowance
15
Section E
Contracting Out
15
Section F
Union Leave _
16
Section G
City-Paid Meal
A'7
Section H
Employee Commitment
17
Section I
ProbationaryPeriod
- 18
Section J
Residency Requirements
1 g
Section K
Eyeglass Re lacement
18
Section L
Layoff Policy _ _
19
Section M
Employee Assistance Program
19
Section N
Grievance and Disciplinary Action
19
Section O
Bulletin Boards, Mail, and E -mail
21
Section P
Donation of Vested Time
- 21
Section Q _
Human Resources File
21
Section R
Labor Mans ement_ Committee
21
Section S
Employee Performance Appraisal
22
Section T
Equal Employment Opportunity
22
Section U
Alternate Work Schedules
22
Section V -
DMV Pull Notice Program
23
Section W
Payroll Date and Direct Deposit
23
Section X
Use of City Facilities
23
Section Y
New Employee Orientation
23
ARTICLE IX
PEACEFUL PERFORMANCE
24
ARTICLE X
REINSTATEMENT
24
ARTICLE XI
REOPENE_RS
24
ARTICLE XII
FULL UNDERSTANDING
24
ARTICLE X111
SAVINGS PROVISION
24
ARTICLE XIV ITERM
25
EXHIBITS
Exhibit A Salary Tables - Supervisory Unit
Exhibit B Mechanic's Tool Policy
2
2 pages
5 pages
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
CITY OF GILROY
AND
AFSCME, AFL, CIO, LOCAL 101
GILROY CHAPTER
SUPERVISORY UNIT
NOVEMBER 1, 2015 - DECEMBER 31, 2016
ARTICLE I. PARTIES TO THE AGREEMENT
This Memorandum of Understanding is jointly prepared and executed by representatives of the
City of Gilroy (hereinafter CITY) and the Gilroy Employee Association affiliated with the
American Federation of State, County, and Municipal Employees (AFSCME), Local 101, AFL -
CIO(hereinafter UNION) for presentation to, and consideration by, the City Council of CITY. It
shall not be binding until ratified by the UNION and adopted by the City Council. .
ARTICLE II. RECOGNITION AND SCOPE
CITY hereby recognizes UNION as the recognized employee organization for purposes of
Government Code 3500 et se4. and the Employer- Employee Relations Policy of CITY (City
Council Resolution 85 -25). Such recognition shall extend only to the representation of
employees holding permanent positions in the Supervisory Unit.
ARTICLE III. CITY RIGHTS
Section A. In General:
All CITY rights and functions, except those which are expressly abridged by this Agreement,
shall remain vested with CITY.
Section B. Rights Enumerated:
Nothing in this Agreement shall be construed to restrict any legal or inherent exclusive CITY
rights with respect to matters of general legislative or managerial policy which include but are
not limited to: the exclusive right to determine the mission of its constituent sections; set
standards of selection for employment and promotion; train, direct and assign its employees;
require overtime work; take disciplinary action; relieve its employees from duty because of lack
of work or for other legitimate reasons; maintain the efficiency of CITY operations; determine
the methods, means and personnel by which CITY operations are to be conducted; determine the
content of job classifications; take all necessary actions to prepare for and carry out its mission
in emergencies; and exercise complete control and discretion over its organization and the
technology of performing its work. CITY has the right to make reasonable rules and regulations
pertaining to employees consistent with this Agreement.
Section C. Consultations with Union
This Agreement is not intended to restrict the right of CITY to consult with UNION regarding
matters within the right of CITY to determine. However, the parties understand that such
consultation shall not create any obligation to meet and confer over issues not within the scope of
representation.
Pursuant to MMBA Section 3504, the scope of representation shall include all matters relating to
employment conditions and employer - employee relations, including, but not limited to, wages,
hours, and other terms and conditions of employment, except, however, that the scope of
representation shall not include consideration of the merits, necessity, or organization of any
service or activity provided by law or executive order.
ARTICLE IV. UNION RIGHTS
Section A. Employee Grievances Not Impaired:
1. The exercise of CITY management rights shall not preclude a grievant from presenting a
grievance in accordance with the Human Resources Rules and Regulations, concerning
an adverse effect of the exercise of such rights upon employee; provided, however, the
basic right of management to act hereunder or make decisions is unimpaired.
2. Notwithstanding paragraph 1, above, bargaining unit members must utilize the Grievance
Procedure contained in Article VIII (P) of the MOU rather than the Human Resources
Rules and Regulations for any grievances involving the interpretation, application or
alleged violation of this memorandum of understanding.
Section B. Agency Shop:
Only employees hired after November 1, 1994 shall be subject to the provisions of this section.
The purpose of this section is to implement an agency shop provision pursuant to section 3502.5
of the Government Code. Under this provision, employees will be required to either join the
Union or pay a service fee reflecting the cost of representation.
The CITY and UNION agree:
1. Employees will be informed as to the provisions and practical effect of Agency shop
agreement.
2. The UNION will indemnify and hold the CITY harmless from any and all liabilities
arising out of the implementation and administration of the Agency Shop.
3. The UNION shall be responsible for enforcing the provisions of this section using
appropriate civil procedures. The CITY is not responsible for disciplining employees for
violations of this section.
4. The UNION agrees to adhere to all statutory and judicial requirements, and to maintain
an appropriate complaint procedure. Pursuant to MMBA Section 3502.5(c), any
employee shall be exempted from the requirements of Section A or B if such employee is
a member of a bona fide religion, body or sect which has historically held conscientious
objections to joining or financially supporting public employee organizations. The
employee must submit a signed affidavit to the Union and the City Administrator stating
that he /she qualifies for said exemption and designating a charitable organization to
which the appropriate amount will be paid through a payroll deduction. Such
contribution may be made to any charity jointly agreed upon by the City and the Union.
Such charities cannot be affiliated in any manner with any established religious
organization.
5. Covered employees shall execute written authorization for either Union dues deduction,
the agency fee, or, if eligible, the charitable contribution. In the absence of a written
authorization, the City shall deduct the agency fee from the employee's paycheck.
6. The City will agree to process an additional level of dues deduction (Dues + PEOPLE)
for union members. Money collected under any of the three levels of dues deduction
(Agency Fee, Member, or Member + PEOPLE) shall be disbursed to the union in a single
check. Union members may change their level of dues deduction to add or withdraw
from PEOPLE in any month by giving written notice to Human Resources. Dues
deduction changes shall be effective the payroll period following receipt of the notice.
Section C. Information
The City agrees to provide the Union with names of new hires within the bargaining unit on a
timely basis. The City will continue to provide the Union with a monthly report, including
Employee Name, Department, Wages, and Deduction Amount.
ARTICLE V. SALARIES AND OTHER COMPENSATION
Section A. Salaries:
1. Salaries in effect on October 31, 2015 shall be increased by two (2.0 %) effective
November 1, 2015.
2. Salaries in effect on June 30, 2016 shall be increased by two (2.0 %) effective July 1,
2016.
3. The above referenced salary increases have been calculated and are included on the
attached salary. schedules (Exhibit A). Due to rounding, the percentage increases are
approximate, not exact.
4. The CITY agrees to perform a classification and compensation study ( "Study ") of
representative classifications in the General and Supervisory bargaining units. The CITY
and UNION agree and understand that the Study will be informational only and that the
agreement to perform the Study is not an agreement to any type of "formula" nor any
guarantee that wages will be adjusted as a result of the Study. The City will complete the
Study in the Fall of 2016 and provide the Study to the UNION no later than November of
2016. Prior 'to beginning the -classification and compensation study, the CITY and
UNION will meet to discuss the parameters of the Study, including the classifications,
jurisdictions, and elements of compensation to be surveyed.
Section B. Retention/Recognition Incentive/Health Reimbursement Arrangement
1. Retiree Allowance — Eligibility, Amount and Timing
An Eligible Retiree, as defined below, shall be eligible to receive a Monthly Allowance,
also defined below, from the City until reaching the age of sixty -five (65). An "Eligible
Retiree" is a Unit employee that satisfies all of the following requirements:
• Is at least fifty -five years old.
• Begins collecting a Ca1PERS pension within ninety (90) days after separation
from City of Gilroy service
• Allowance Amount as follows:
Effechve,Date
Years. of Service
Amount of Monthly
Paym6rittbAg6 65
Hired Prior to 11 /1 /2005
At least 15 years of FT
$15 per year of service
service
to cap of $200
Hired on or After
At least 20 years of FT
$15 per year of service
1 i /1/2005
service
to.ca of $200
Effective 6/30/2007
At least 25 years of FT
$15 per year of service
service
to cap of $300
• A Unit employee retiring on or after November 1, 2015, must elect to
participate in the City's retiree health reimbursement arrangement.
4
Benefits under this section begin the first day of the month following the
cessation of City -paid medical benefits. For example, if an employee retires
on May 1st and City -paid medical benefits continue through May 31st, the
employee will receive his or her first payment under this provision in the
month of June. If medical benefits extend to June 30th, then the benefits
under this section will begin in the month of July.
2. Eligible Retirees On or After November 1, 2015
The Monthly Allowance for any Unit employee that qualifies as an Eligible Retiree on or
after November 1, 2015, including City employees hired or rehired on or after January 1,
2013, shall be made available to the Eligible Retiree under the City's retiree only health
reimbursement arrangement ( "Plan") for the purpose of receiving nontaxable
reimbursements of qualifying health care expenses under Sections 105(b) and 213(d) of
the Internal Revenue Code.
A condition to receiving the Monthly Allowance and participating in the Plan is the
submission of an election form to participate in the Plan. Any monthly administrative
fees for the health reimbursement arrangement plan shall be borne by the retiree. An
Eligible Retiree retiring on or after November 1, 2015, that does not elect to participate.in
the Plan will forfeit the Monthly. Allowance. Reimbursements from the Plan shall be
subject to substantiation that the Eligible Retiree incurred eligible expenses.
Section C. Retirement Plans and Contributions:
The city of Gilroy shall comply with the Public Employee Pension Reform Act
(PEPRA) /Assembly Bill 340 (2012) that went into effect on January 1, 2013. PEPRA is a state
law that supersedes any conflicting wording that may be contained in this MOU.
Miscellaneous Ca1PERS Group:
Tier One — Miscellaneous Employees Hired Prior to January 1, 2013 and Classic
Members of Ca1PERS Hired on or After January 1, 2013
The City shall provide the 2.5% at 55 PERS retirement plan for AFSCME employees in the
Miscellaneous Ca1PERS category that qualify as a "classic" member of Ca1PERS. This applies
to employees hired to a full -time position with the city of Gilroy prior to January 1, 2013 or an
employee hired to a full -time position with the city of Gilroy on or after January 1, 2013 who
qualifies as a "classic" member of CalPERS. Employees in this category shall have a pre -tax
payroll deduction of eight (8 %) percent consistent with IRC 414(h)(2). One (1) year final
compensation (pursuant to CA Government Code Section 20042) is used for employees who
retire under this formula. The City pays the employer contribution.
■ Tier Two — Miscellaneous Employees Categorized as "New" Ca1PERS Members
Hired On or After January 1, 2013
New full -time AFSCME employees in the Miscellaneous Ca1PERS category hired on or
after January 1, 2013 who are classified as a "new" member of Ca1PERS shall receive the
2% at 62 Ca1PERS retirement plan. Employees in this category shall have a pre -tax
payroll deduction for 50% of the total normal cost of the plan as identified annually by
CalPERS. This employee payroll deduction .amount may change from year to year as
required by PEPRA. Three year final compensation is used for employees who retire
under this formula.
The following items are included in the PERS Miscellaneous retirement contract:
■ Credit for Unused Sick Leave — pursuant to CA Government Code Section 20965
■ P Level 1959 Survivor Benefit — pursuant to CA Government Code Section 21573
■ Military Service Credit — pursuant to CA Government Code Section 2.102.4
■ Death Benefit — pursuant to CA Government Code Section 21620
Section D. Shift Differential:
Effective with the ratification of this agreement; shift differential shall be paid as follows:
1. Shift differential shall be paid only for those shifts which have a majority of their hours
occurring between 3 PM and 7 AM.
2. If the majority of hours occur between 3 PM and 11 PM, the City shall pay an hourly
premium of two and one half (2.5 %) percent.
3. If the majority of hours occur between 11 PM and 7 AM, the City shall pay an hourly
premium of five (5 %) percent.
4. Employees shall receive overtime compensation for overtime hours worked, not
including shift differential. However, shift differential pay shall be included in the pay
rate for employees regularly assigned to the swing or graveyard shift for purpose of
computing pay for overtime, sick leave, vacation, and other leave benefits.
Section E. Educational Incentive:
Effective July 1, 2001, participation in the employee educational programs shall be frozen.
Employees currently receiving benefits under this program will continue to receive them under
current program rules. Additional amounts shall not be earnable under this program nor shall
employees be allowed to enter the program after July 1, 2001.
Section F. Tuition Reimbursement
Effective July 1, 2001, AFSCME members attending accredited community colleges, colleges,
trade schools or universities may apply for reimbursement of one hundred percent (100 %) of the
actual cost of tuition, books, fees or other student expenses for pre - approved job — related and
career development courses. In addition, employees attending city - approved, job related
continuing education courses, certification programs, or training conferences may also receive
tuition reimbursement for the cost of registration, tuition, books, testing, and/or certifications
(including certification renewals). Course work shall be completed on the employee's own time
at the employee's own expense. Upon successful completion of the pre - approved class or
training program, the employee shall provide all written documentation on allowable costs and
completion /grade /certification/score, etc. to their department head and human resources for
review and processing. The maximum tuition reimbursement for employees is $1,000.00 per
fiscal year. Reimbursement is contingent upon the successful completion of the course.
Successful completion means a grade of "B ". or better for undergraduate and graduate courses,
full attendance and completion of the training program, and a passing score for non- graded
programs that involve certification or testing. All claims for tuition reimbursement require the
pre - approval of the employee's department head and the Human Resources Director. Tuition
Reimbursement Request Forms are available in the Human Resources Department.
Section G. Overtime:
1. Overtime shall be defined as time worked in excess forty (40) hours per week. All paid
time shall be considered hours worked for overtime calculation purposes. Overtime shall
be paid at the rate of time and one half (1.5) in either pay or compensatory time.
2. In addition, overtime shall be paid for all hours worked in excess of the number of hours
in an employee's regular workday. However, an employee and his or her supervisor may
agree to "flex" his or her schedule. In this case, an employee may work additional hours
on one day and fewer than normal hours on one or more additional days. Any flex time
shall be taken in the same workweek as the additional hours. Flex time shall not create a
split shift. The employee shall not earn overtime unless the employee's total hours
worked exceed forty (40) in that workweek.
In the absence of an employee's agreement to flex time, a supervisor may require the
employee to flex his or her schedule to accommodate the City's legitimate operational
needs.
3. Each employee shall have the monthly option of accumulating compensatory time off or
being paid monthly for overtime accrued during the immediately preceding month.
However, employees may not accrue more than eighty (80) hours of C.T.O. The
Department Heads shall retain the authority of reasonably determining within the best
interests of the operation of their respective departments, when accrued C.T.O. may be
used by each employee.
4. Employees required to attend mandatory courses, training sessions, or drills during off -
duty times, shall be compensated for fifty (50) percent of such time on a straight time
basis with a minimum of one (1) hour guarantee.
Section H. Stand-by Pay:
Stand -by duty shall be rotated among employees on a seven (7) day basis. Employees on seven
(7) day stand -by shall receive ten (10) hours pay at straight time. If a holiday falls within the
seven (7) day stand -by period, the employee shall receive eight (8) hours pay at straight time for
the holiday.
Section I. Call Back Pay:
Call back shall be paid at a minimum of three. hours at time and one half for an employee not on
stand -by duty. Employees on stand -by duty will be compensated at a minimum of 2 hours at
time and one -half. Employees called back to work shall receive a minimum of three (3) hours
compensation (two hours for those on stand -by), calculated at time one one -half (1.5) with time
and one -half (1.5) pay for all additional time worked above three (3) hours (two hours for those
on stand -by). Employees called back during a holiday will be .compensated on the above
schedule, but at a double time rate. Call back is defined as any time at work that does not
continue into or continue after regular duty time. In interpreting this section:
1. This provision shall not apply to prescheduled overtime (such as scheduled staff
meetings) except that;
a. Members of the Communications and Records Units shall be allowed call back
pay when called back for scheduled staff meetings, however,
b. Any scheduled event/meeting occurring within thirty (30) minutes of the start or
end of an employee's shift will be assumed to be a continuation of regular duty
time.
2. Any unscheduled event occurring after the employee has physically left work will be
considered callback unless the Department has held the employee over.
3. The City has the option of holding over employees in lieu of call back for any length of
time upon notification to the employee prior to the event/meeting.
4. If an employee is called back and any of the .3 hour minimum (two hour minimum if the
employee is on stand- by) overlaps into the start of the start of their regular shift, then the
employee is paid OT for the exact amount of time actually worked prior to the start of
their regular shift.
Section J. Work Out of Classification Pay:
1. Any employee assigned to perform the duties of a higher classification for more than ten
(10) working days in a fiscal year, shall be paid for each successive hour at the rate
assigned to the higher classification which represents the lowest step, in the higher
classification representing a minimum of five (5 %) percent increase over the regular pay.
2. In order to be eligible for pay for out -of -class work, an employee must be assigned by his
supervisor and approved by his Department Head to perform such work.
Section K. Holiday Pay:
1. Any employee, other than employees in the classification of Public Safety
Communications Supervisor, required to work on any holiday shall receive their regular
salary, plus compensation of one and one -half (1.5) times the regular rate. Employees
shall have the option of accepting salary or compensation time for such service.
2. Employees in the classification of Public Safety Communications Supervisor assigned to
work holidays shall receive holiday pay at the rate of 6% of the employee's base monthly
salary.
Section L. License Pay:
The CITY shall pay twenty ($20) dollars per month to those Public Works, Operations Division
employees who have obtained Pesticide Applicator, Pesticide Advisor, fresh water (Grade I
Water Treatment), and backflow testing certificates. Up to three employees assigned in the
Parks & Landscape section may receive $20 per month for maintaining a current.Playground.
Inspection Certification. Employees in Public Works Operations and Fleet who are required to
obtain and maintain a current CA Class A driver's license shall be paid $20.00 per month.
Effective July 1, 2001 the City shall pay the following monthly amounts to individuals holding
the following certifications:
State of California Water Distribution Operator and CWEA Collection System
Maintenance Certifications:
Grade I
$20.00
Grade II
$75.00
Grade III
$125.00
Grade IV
$150.00
It is the responsibility of the employee to obtain and maintain certifications for which they wish
to receive, and wish to continue to receive, certification pay. It is the responsibility of the
employee to provide their supervisor AND the human resources department a current written
certification documenting valid certifications. It is the responsibility of the employee to monitor
expiration dates of certification as certification pay will terminate if updated valid certification
documentation is not provided prior to the expiration of the certification. If certification pay is
terminated due to an expired certification, the employee can reapply at a later time to receive the
certification. Certification pay will begin the first of the month following human resources
receipt of valid, documented certification.
Section M. Bi- lingual Pay:
Employees in the classification of Communications Supervisor who demonstrate the ability to
communicate (as a result of a verbal skills test) effectively in both Spanish and English shall
receive an additional five (5 %) percent of their respective base salaries. Other unit employees
are eligible for five (5 %) percent bi- lingual pay as follows:
The City shall determine which employees are needed to serve as translators and possess
necessary competency in Spanish. The City shall use the following criteria in determining
whether or not it is necessary for an employee to serve as a translator:
1. Very frequent public contact in person and over the phone.
2. The City uses the employee as a translator on a daily basis.
3. The employee works in a department with numerous translations with Spanish speaking
citizens.
Examples of employee who will qualify for bi- lingual/translator status include those
encountering the public at the counters in the finance, recreation, and community development
departments.
All Unit employees receiving bi- lingual pay shall be required to recertify (test)_ every two years
to demonstrate continued competency. This test shall be a verbal skills test.
ARTICLE VI. INSURANCE PROGRAMS
Section A. Medical Insurance:
City Contributions
A. Effective January 1, 2015, the City contribution shall be:
Employee Only $667.59
Employee+ 1 $1,321.23
Employee + 2 or more $1,762.97
The above contribution amounts include any mandatory PERS PEMHCA contribution
and the mandatory Dental Contribution.
B. Effective January 1, 2016, the City contribution'shall be:
Employee Only $700.97
Employee + 1 $1,387.29
Employee + 2 or more $1,851.12
10
The above contribution.amounts include any mandatory PERS PEMHCA contribution
and the mandatory Dental Contribution.
2. The contribution amount that the employee qualifies to receive is based upon the number of
individuals that the employee enrolls in a medical plan.
3. The employee may purchase other insurance benefits, with any remaining contribution
amount or through payroll deduction. Some of these benefits may be eligible for a pre -tax
deduction. . If there is a surplus, the employee will receive a cash payment for 100% of the
surplus contribution (this is taxable income). The employee may not waive dental insurance
under this provision. The employee must enroll himself or herself, along with qualifying,
dependents, in the Dental plan.
4. The employee may waive medical coverage under this program and enroll in dental
insurance provided they show proof of other medical insurance coverage. If the employee
waives medical insurance then the employee is eligible to receive the employee only
contribution in cash less than medical contribution required by Ca1PERS and less the dental
premium. Any cash payments received under this'program are taxable.
5. The parties share an interest in addressing the increase in the cost of PEMHCA benefits. To
that end, the parties agree; that the City may contract with different health benefit providers,
consortia, or groups to provide health coverage that is equivalent to that provided under
PEMHCA.
If either the benefits provided or the rate structure in place between active and retired
employees is not equivalent to that provided under PEMHCA, then the City shall meet and
confer with AFSCME prior to contracting with the alternate provider, consortia or group.
Section B. Life Insurance:
The CITY shall maintain in effect a twenty ($20,000) dollar life insurance policy for unit
members.
Section C. Long Term Disability Insurance:
For the term of this Agreement the CITY shall maintain in effect the Long Term Disability
Program providing for a ninety (90) day elimination period and payment of sixty (60 %) percent
of salary to a maximum of five thousand ($5,000) per month. Employees shall have the option
of using accrued paid time to supplement LTD to bring gross wages to 100 %.
11
ARTICLE VII. LEAVES
Leaves shall'be as provided for in Section VI, Leaves of Absence, Vacation and Sick Leave, of
the Human Resources Rules and Regulations. Vacation and Sick Leave accumulation shall be as
follows:
Section A. Vacation Leave
Every full -time employee who shall have been in the service of the CITY shall accrue
vacation as follows:
Years of Service
Mo._Hours Accrued
Yearly Accrual
1-5
6.67 Hours
80 hours
6-15
10.00 Hours
120 hours
15+
13.33 Hours
160 hours
Employees will be allowed to maintain a vacation leave balance not to exceed two years'
vacation leave. Employees at or above the maximum balance will no longer accrue vacation
time until such time that the employee's vacation balance drops below the maximum balance
allowed. New employees will be allowed to take earned vacation in the first year subject to the
normal approval process.
Section B. Sick Leave
Employees shall accrue sick leave at the rate of one (1) 8 -hour day per month. Sick leave may
be used as it accrues. Employees shall accrue sick leave while on paid vacation. A physician's
verification of illness may be required.
Family Sick Leave
Employees may use sick leave for any leave covered by the Family and Medical
Leave Act or the California Family Rights Act, including covered absences to
care for a family member. For absences not covered by the Family and Medical
Leave Act or the California Family Rights Act, employees shall be allowed up to
six months' accrual of sick leave (six days or 50% of the annual accrual) to attend .
to an illness of a child, parent, spouse, or domestic partner of the employee in
accordance with the California Labor Code Section 233 regarding kin care.
2. Sick Leave for Job - Connected Injuries
Employees shall discuss the timing of pre - planned absences with their .supervisor.
Whenever possible, employees shall schedule partial day absences to minimize
disruption in the workplace. This includes, but is not limited to scheduling
appointments after hours, during lunch, or as close to the beginning or end of the
workday as possible.
12
Section C. Personal Leave:
The City shall observe Lincoln's Birthday and Admissions Day as floating holidays. Police
Records Supervisor, Communications Supervisor, and any unit member receiving hourly holiday
pay, shall receive sixteen (16) hours of personal leave. All other unit members shall receive
sixteen (16) hours of personal leave plus the conversion of two (2) floating holidays to sixteen
(16) hours of personal leave for a total of thirty-two (32) hours of personal leave. In addition to
the above, effective July 1, 2007, employees shall be provided with an additional four (4) hours
of personal leave in recognition of the mandatory Christmas Eve closure. Personal leave hours
are not a vested benefit and do not carry over from one fiscal year to the next.
Employees hired or terminating during the year shall receive prorated personal leave credit on a
quarterly basis. Employee is required to work one half of the quarter to receive the quarterly
allocation of personal leave time.
Section D. Bereavement Leave:
Employees make take up to three (3) days of Bereavement Leave within the state and five (5)
days of paid Bereavement Leave outside of California for the death of immediate family
members, per occurrence. Immediate family members are defined as: Grandmother,
Grandfather, Mother, Father, Step- Mother, Step - Father, Mother -in -Law, Father -in -Law, Brother,
Sister, Step - Brother, Step- Sister, Husband, Wife, Domestic Partner, Natural Born Child,
Adopted Child, and/or Step - Child.
For family members not covered in immediate family and people who have a significant
relationship with the employee, an unpaid leave of absence can be taken with the approval of the
City Administrator. The City Administrator's decision is final and not subject to appeal.
This section supersedes the language concerning Bereavement Leave in the HR Rules and
Regulations.
Section E. Holidays:
The legal holidays observed by the City shall include:
New Year's Day,
Martin Luther King Day,
Washington's Birthday
Memorial Day,
Independence Day,
Labor Day, Veteran's Day,
Thanksgiving Day,
The day following Thanksgiving, and
Christmas Day.
When a regular holiday falls on Sunday, the following Monday shall be granted as a day off, and
when a regular holiday falls on Saturday, the preceding Friday shall be granted as a day off.
13
Additional paid holidays to those provided in the Human Resources Rules and Regulations and
this Agreement may be granted if declared by the Gilroy City Council.
Section F. Christmas Eve Mandatory Closure
City offices and all non - essential operations shall be closed on the workday immediately
preceding the Christmas Day Holiday. However, this is not a holiday and employees will be
required to use either paid or unpaid leave to cover their absence on this day. Employees shall
designate, at least two weeks prior to the mandatory closure, what leave time the employee will
use to coverthis day by completing the normal time off request form.
Employees called back to work on the mandatory closure day shall receive call back pay per
Article V, Section J contained in this MOU. Employees assigned to stand by duty shall receive
stand by pay per Article V, Section I contained in this MOU.
Department Heads retain the discretion to determine if there are department staffing needs for the
mandatory closure and shall announce this to the affected employees by no later than the last
working day in November. Ideally, staffing will be achieved by employees who request to work
on this day and then based on seniority. The schedule shall be posted as soon as possible
following the end of November announcement and by no later than the end of the first full week
in December. Employees who work on the mandatory closure day shall log their time as regular
hours worked at straight time. Schedule flexing shall not be permitted on this day.
All City Hall employees shall participate in the mandatory closure as the City Hall building will
be closed on this date.
This mandatory closure does not apply to Police Department Records and Communication Unit
employees.
Community Services Officers normally scheduled to work on this day shall follow their"normal
work schedule and may request time off per the normal time off procedures.
All other Police Department administrative support staff shall participate in the mandatory
closure.
ARTICLE VIII.. MISCELLANEOUS
Section A. Uniforms:
Unit members in the Police Department shall receive five hundred ($500) dollars annually,
payable to the classification of Communications Supervisor. Annual uniform allowance shall be
paid between July 1St and July 15th of each year. Newly hired employees in this classification
shall receive an initial uniform allowance of two hundred and fifty ($250) dollars.
All employees who in the normal course of their duties, lift or carry heavy objects or who work
in or around moving machinery, as determined by the department head, may be supplied one pair
14
of safety shoes per year, of a quality equal to the Red Wing or Sears Safety_ Shoe. The employee
is required to wear the shoes at all times when applicable duties are performed.
Public Works field employees and Facilities employees shall be supplied, by the City with five
shirts and patches, five pants, and three work hats per year. These shall be of a quality similar to
a Ben Davis brand. Substitutions and modifications may be made by the Uniform Committee
made up of Public Works Field employees. Facilities employees that are currently (as of July 1,
2005) utilizing the laundry rental service method noted below for Fleet employees may continue
to do so.
Fleet employees shall be provided, by the City through a laundry rental service, five shirts and
three pants per week.
Section B. Safe Work Place Commitment:
The CITY shall furnish employment and a place of employment which is safe and healthful for
the worker therein and shall conform to and comply with all health, safety, and sanitation
requirements imposed by State or Federal law or regulations adopted under State or Federal law.
Section C. Safety Committee:
The UNION shall be entitled to appoint two members to the CITY's Safety Committee.
Section D. Tool Allowance:
The CITY agrees to provide all workers with the tools and equipment necessary to perform their
jobs, and shall maintain same in a safe and healthful condition. This shall not apply to the
Equipment Mechanic classes. (See Attachment B, Mechanic's Tool Policy)
An annual "tool allowance" shall be distributed in July to reimburse the affected employee for
wear, adjustment, and other consumable expenses to be sued that the discretion of the individual
employee. The tool allowance schedule is as follows:
Fleet Supervisor $600 annually
Pursuant to Ca1PERS regulations, tool allowance is non- PERSable compensation.
Section E. Contracting Out:
(1) Except for temporary contracts(less than one year) or contracts to fill an immediate need
(such as a vacant full -time position) the CITY will notify the UNION if it intends to
contract out the functions currently performed by employees within the unit. Upon
request, at the initiation of the contract and whenever the contract is up for renewal, the
CITY will meet with the UNION(including employees with knowledge of the work to be
15
contracted) to explain the reason for the decision to contract out and to solicit UNION
views on the proposal, including possibilities for cost savings. Nothing in this section
shall be construed to limit the rights of the City Council to contract out work in its sole
discretion. Nor shall any meetings under this section meetings delay the City Council's
adoption of any contract.
(2) Nothing in this section shall be construed to limit the rights of the City Council, in its sole
discretion, to enter into temporary contracts (less than one year) or contracts to fill an
immediate need (such as a vacant full -time position). Such contracts shall. not be subject
to the provisions of Paragraph (1), above.
(3) This section shall not apply to part-time hiring or to temporary or provisional
appointments, which shall continue to occur at the City's sole discretion.
Section F. Union Leave:
1. UNION Officers (maximum of 5) shall be allowed to utilize_ a cumulative total of one
hundred and twenty (120) hours per fiscal year of release time for UNION business and
attendance of UNION related functions including, but not limited to meetings, seminars,
and schools. Release time shall be granted subject to minimum staffing requirements of
the Department and is subject to Department Head and/or City Administrator approval.
UNION officers shall be provided with a reasonable amount of release time to meet with
CITY management personnel on:
a) Grievances.
i.One (1) designated UNION representative is allowed time off without loss of
compensation for purposes ofrepresenting an employee in a meeting with City
representatives relative to an employee grievance.
ii.One (1) designated UNION representative is allowed time off without loss of
compensation for the purpose of discussing or investigating a grievance with
an employee.
b) Issues raised by City Management involving CITY/UNION business. The UNION
President and/or a designee will have release time without loss of compensation for
the purpose of conducting formal meetings with City Management personnel. Release
time must be scheduled in advance with the President's or designee's supervisor.
c) Other mutually acceptable reasons.
2. Designated employee representatives shall be provided with release time to participate in
formal meet and confer sessions with the CITY. When the meeting is a formal meet and
confer session regarding the negotiation of an MOU, such release time shall not be
charged to the one hundred and twenty (120) hours time bank described in paragraph 1
above.
16
3. UNION Representatives who are scheduled to work between the hours of 5:00 pm and
7:40 am shall be released from duty at least 8 hours prior to any scheduled meetings with
the City/Department representatives concerning matters within the scope of
representation.
4. UNION representatives shall request permission to use release time as far in advance as
reasonably possible. Supervisors will not unreasonably deny requests for release.
5. UNION will provide the CITY a list of all officers, stewards, and representatives.
Section G. City -Paid Meal
Employees shall be provided a meal at CITY expense if the employee is required to work two or
more hours over their normal work shift in a single working day. Subject work must also
conform to the overtime approval requirement. If the City does not provide a meal, employees
shall be reimbursed $10 for the cost of a meal. No receipt will be required. Overtime meal
reimbursements shall be documented on the employee's time sheet/time report and shall be paid
with the following payroll as a taxable reimbursement consistent with IRS Regulations (see IRS
regulation 15 -13, 2013).
Section H. Employee Commitment:
In consideration of the fair and reasonable provisions of this Memorandum of Understanding,
employees represented by the Gilroy Employee's Association, through their elected
representatives, do hereby make the following pledges to the City of Gilroy:
1. Employee shall make every effort to minimize CITY costs on an on -going basis by
encouraging optimum amount of work production from each of its members.
2. Employees shall cooperate in every reasonable way to properly maintain and protect
CITY property, equipment, and facilities.
3. Employees shall adhere to all Human. Resources Rules and Regulations. Specific
attention shall be given to those regulations dealing with sick leave, time off, coffee
breaks and punctuality. Every effort shall be made to maintain a good public image for
each and all CITY employees. This is to be accomplished by maintaining good work
habits and keeping busy at productive work during regular working hours.
4. Employees shall use and follow safe working procedures in their day -to -day work
routines. Each employee shall point out to his/her fellow workers any observed unsafe
condition or work procedure. Any observed unsafe condition or situation shall be
immediately reported by employees to their supervisor. The intent here is to protect
fellow workers from any unnecessary injury and the CITY from any potential liability.
17
5. Employees shall make a special and continuing effort to maintain good and constructive
relations with the general public, fellow employees, and CITY officials. Every effort will
be made to be considerate and understanding of the other person's point of view,
misunderstanding or problem.
6. The Gilroy Employee's Association shall assume a leadership role in carrying out the
above pledges.
Section I. Probationary Period:
With the exception of classifications of Public Safety Communicator and Senior Public Safety
Communicator, newly hired employees will serve a twelve (12) month probationary period. The
classifications of Public Safety Communicator and Senior Public Safety Communicator shall
serve an eighteen (18) month probationary period. The probationary period for promotions of
permanent employees shall be six (6) months.
Section J. Residency Requirements:
Employees in the Water and Streets/Waste Water/Tree Sections required to participate in on-
call/stand-by work shall be subject to the following requirements:
1. Employees hired on or after July 1, 1989 shall be required to live, within one (1) year
from date of hire, within sixty (60) minutes normal driving time from City Hall, Normal
driving time shall be defined as driving the most direct route at the posted speed limit.
2. Employees hired prior to July 1, 1989 living within the sixty (60) minute limit shall be
subject to this rule. Current employees living outside the sixty (60) minute limit shall not
move outside their present driving radius, but may move within it.
Section K. Eyeglass Replacement:
Once per year (per employee), the CITY shall repair or replace eyeglasses damaged due to the
employee's work provided that:
1. The damage was not due to negligence on the employee's part; and "
2. The damage was not due to a defect(s) or wear on the glasses.
City -paid repair or replacement shall be limited to a maximum of one- hundred and fifty dollars
($150) per incident, per year.
18
Section L. Layoff Policy:
The CITY and UNION have agreed to a layoff policy as contained in the Human Resources
Rules and Regulations.
Section M. Employee Assistance Program:
The Employee Assistance Program shall provide for at least ten (10) visits per calendar plan
year.
Section N. Grievance and Disciplinary Action:
Bargaining unit members must utilize the Grievance Procedure contained in this article rather
than the Human resources Rules and Regulations for any grievances involving the interpretation,
application or alleged violation of this memorandum of understanding. However, any appeal of
disciplinary action shall be made pursuant to Section V of the Human Resources Rules and
Regulations and not pursuant to this grievance procedure.
Grievance Procedure:
An employee shall have the right to present a grievance pursuant to this procedure. The
employee may be represented by the Association or an individual of the employee's choice at the
formal steps of this grievance procedure (excluding Step 1). If the representative is a fellow
employee, that employee will receive time off from his or her work assignment for the time of
the grievance meeting or hearing plus reasonable travel time. Forty -eight hours prior to the
grievance meeting, the employee shall inform the Human Resources Department whether he or
she will be represented at the grievance meeting and identify the representative. Grievances are
defined as an alleged violation, misinterpretation or misapplication of this Memorandum of
Understanding.
The procedure is not to be used for the following purposes:
1. Resolving complaints, requests or changes in wages, hours and working conditions.
2. To challenge the content of employee evaluations or performance reviews.
3. To challenge a reclassification, layoff, transfer, denial of reinstatement, or denial of a
step or merit increase.
a. EXCEPTION: Pursuant to the Miscellaneous and Supervisory Units MOD's,
employees in these units may appeal the denial of a merit step increases to the
City Administrator.
4. In cases of oral reprimand, written reprimand, reduction, in pay, demotion,
suspensions, or termination.
5. To challenge violation of law or past practice.
6. To challenge examinations or appointment to positions.
Grievances shall be in writing, dated and signed by the employee and presented to his/her
supervisor. Grievances must be submitted within ten (10) calendar days of the
occurrence, or the employee's knowledge of the occurrence, which gives rise to the
19
Understanding that the employee alleges was violated, misinterpreted or misapplied; the
specific act or omission which gave rise to this alleged violation, misinterpretation or
misapplication; the date or dates on which the violation, misinterpretation or
misapplication occurred; what documents, witnesses or other evidence support the
employee's position; and the remedy requested.
Stepl. Initially, all employee grievances should be directed to the immediate supervisor
for solution.
Step 2. In the event the immediate supervisor meeting does not resolve the grievance
within ten (10) calendar days, the supervisor, at the employee's request, shall
present the matter to the next level of supervision within the department
concerned. That supervisor and any higher level supervisor(s) in the department's
normal chain of command shall attempt to resolve the grievance. Each level of
supervisor shall respond in writing to the grievant within ten (1.0) calendar days of
receipt of the grievance. If the grievance is not resolved at a level below
Department Head, the supervisor immediately subordinate to the Department
Head, at the employee's request, shall present the matter to the Department Head.
This presentation shall be made in the presence of the employee. The employee
shall be allowed adequate time to present his/her side of the matter.
Step 3. In the event the grievance is not adequately resolved within ten (10) calendar days
at the Department Head level, the employee may submit the grievance to the City
Administrator which submission shall, include the responses received from the
supervisors and the Department Head.
Step 4. If the grievance is not resolved within ten (10) calendar days at the City
Administrator level, the employee or the City Administrator shall notify the
Human Resources Director who shall gather the written facts and present them to
the Personnel Commission at its next regular meeting. The Personnel
Commission (in accordance with Section 907, of the City Charter) shall hear this
matter and report its findings within ten (10) calendar days, to the City Council
for review. The action of the City Council shall be final.
The hearing before the Personnel Commission may be conducted informally and
the rules of evidence need not apply. The hearing shall be conducted in an
orderly manner with a presentation of all material facts so that a fair and impartial
decision may be made. The Commission Chairperson shall have full authority at
all times to maintain orderly procedure and to restrict the hearing to facts relevant
to the complaint. In hearing the appeal, the Commission may require the
employee (appellant) to first present his/her grievance; followed by the immediate
supervisor for presentation of his/her attempts to resolve the grievance; followed
by the Department Head for presentation of his/her attempts to resolve the
grievance; followed by the City Administrator for presentation of his/her attempts
to resolve the grievance. All involved parties may be entitled to counsel if they so
desire. The appellant will bear the expense of his/her own counsel.
20
The Human Resources Department will provide a checklist to be used in order to ensure
that each grievance is dealt with in timely and proper manner. The checklist will be
initiated by a supervisor when he /she is first presented with a grievance, and will be
forwarded along with the grievance and all responses thereto to each succeeding step in
the process until a final resolution is obtained. Each succeeding level of authority in this
procedure shall refuse to hear the matter unless the preceding step of the procedure has
been observed.
Section O. Bulletin Boards, Mail, and E -mail:
1. The UNION may install at its own expense bulletin boards of reasonable size and.
construction as approved by the CITY. Bulletin boards shall be placed in locations
approved by the CITY; they may be used for official Union bulletins, but may not be used
to post inflammatory or defamatory material. Pre - approval by the City may be required of
any material proposed to be posted by the Union.
2. Subject to pre- approval by the Director of Human Resources, the UNION may utilize
interoffice mail and electronic . mail for the distribution of information. The UNION
understands that information sent through the CITY'S servers will be subject to review
under applicable CITY policies and maybe subject to disclosure to the public.
Section P. Donation of Vested Time:
The CITY shall maintain in effect the donation of vested time program for the term of this.
Agreement. This program is described in detail in the Human Resources Rules and Regulations.
For purposes of this agreement, employees may donate Vacation, Compensatory Time Off, and
Personal Leave Time under this program.
Section O. human Resources Files:
At any time during normal working hours, an employee may make an appointment to review
their Human Resources file. Employees will be allowed to see their Human Resources file in the
presence of a Human Resources representative. An employee's representative may review an
employee's personnel file in the presence of a Human Resources representative upon
presentation of a written release from the employee.
Section R. Labor Management.Committee:
The City and Union have formed a Labor Management Committee to address issues of
importance in labor management relations between the parties. Either party may request that the
Committee meet.by submitting a written request identifying the specific issue(s) to be discussed.
Typically, two representatives shall be appointed by each party.
21
The Committee will not have the authority to add to, amend, or modify this MOU. However,
mutually acceptable recommendations of the Committee may be implemented, after any required
meet and confer process.
Section S. Employee Performance Appraisal:
Additional Review
If comments are added to an Appraisal by any manager above the level of the
supervisor who signs the Appraisal, a copy of the Appraisal (including any additional
comments) shall be routed to the employee prior to the EPA being delivered to the
Human Resources Department.
2. Appeal
Unit employees shall be allowed to appeal any Employee Performance Appraisal with
an overall rating of less than satisfactory to the City Administrator. There shall be no
other form of appeal.
Section T. Equal. Employment Opportunity:
The CITY and AFSCME are committed to providing equal employment opportunities for all
employees and applicants. Further, the CITY and AFSCME are committed to the elimination of
any barriers which restrict women, minorities and the disabled from receiving equal treatment in
any aspect of employment. The parties understand that the City may have a legal imperative to
act in a manner inconsistent with this agreement or the Human Resources Rules and Regulations.
For example, the City may have to accommodate a disabled employee by placing that employee
in a particular position without performing a recruitment.
Section U. Alternate Work Schedules:
The City departments may, in the department heads discretion, establish alternative work
schedules. If established:
1) Overtime shall be payable for hours worked in excess of the regular workday.
2) Time off shall be earned as if the employee was working a regular work schedule (i.e.
eight (8) hours for one (1) day). Time off shall be charged based on the number of hours
in the workday missed (i.e. an employee on a 4/10 schedule will be charged ten (10)
hours for each day missed on vacation, sick leave, etc.) Employees on alternate work
schedules of more than eight (8) hours taking a holiday off shall be required. to
supplement their eight (8) hours of holiday pay in order to receive payment for the full
day.
22
Section V. DMV Pull Notice Program:
Employees who have the opportunity to operate motorized vehicles on city business are required
to be safe drivers and operate vehicles in a safe manner. Employees, who have the opportunity
to operate vehicles on city business; must possess and maintain a valid California driver's license
appropriate for the job and vehicle(s) to be operated. Employees who have the opportunity to
operate motorized vehicles while on duty must also either: (1) enroll in the City's department of
motor vehicles employer pull- notice program, or (2) provide the city with periodic updates of his
or her driving record.
1. If. an employee enrolls in the DMV employer pull notice program, the employee must
fill out a City - specified enrollment form directing the DMV to provide the City with
periodic updates of the employee's driving record.
2. If an employee elects not to enroll in the DMV employer pull notice program, the
employee is responsible for providing the City with periodic updates of the
employee's driving record. These updates shall be provided annually during the
month of January and every time the employee receives a citation or other entry on
his or her driving record which impacts his or her ability to operate a motor vehicle
while on duty, including but not limited to the revocation or temporary suspension of
the employee's drivers' license.
Section W. Payroll Date and Direct Deposit:
Employees are paid monthly on the last working day of the month. All unit employees shall
enroll in direct deposit within sixty (60) days of employment. Current employees shall enroll in
direct deposit and shall maintain direct deposit. Employees needing an exception to direct
deposit shall submit a request stating the reasons for the exception in writing to the Human
Resources Director for consideration. The decision of the Human Resources Director shall be
final.
Section X. Use of Citv Facilities:
The Union shall have the right to use City conference rooms and meeting facilities on the same
basis as other governmental organizations. Use of non - public areas shall require prior
authorization by the Department Head or designee. All requests for use of facilities shall be
made through the Human Resources Director.
Section Y. New Employee Orientation:
The City will provide each new bargaining unit employee a packet.of information provided by
the Union during new employee orientation. The Union will provide this information to the City
electronically via flash drive and will provide the City with updated information whenever
necessary.
23
ARTICLE IX. PEACEFUL PERFORMANCE
During the life of this Agreement, no work stoppages, strikes, slowdowns, or picketing shall be
caused or sanctioned by the UNION, and no lockouts shall be made by the City of Gilroy.
In the event that any employees covered by this Agreement, individually or collectively, violate
the provisions of this article and the UNION fails to exercise good faith in halting the work
interruption, the UNION and the employees involved shall be deemed in violation of this article
and the CITY shall be entitled to seek all remedies available to it under applicable law.
ARTICLE X. REINSTATEMENT
The City shall have the option, upon reinstating employees who resigned in good standing, to
reinstate accrued sick leave and reinstate seniority for salary step and leave accrual purposes.
ARTICLE XI. REOPENERS
Upon request by the City, the City and Union will reopen negotiations on revised Human
Resources Rules and Regulations to address any substantive changes to the Human resources
Rules and Regulations. The City will continue the practice of including the Union in the review
cycle for the issuance of new procedures or for making changes to existing procedures that
impact terms and conditions of employment.
ARTICLE XII. FULL UNDERSTANDING
This Memorandum of Understanding is the result of the parties' good faith meeting and
conferring pursuant to the MMBA and sets forth the full and entire understanding of the parties
regarding the matters set forth herein, and any other prior or existing understanding or
agreements by the parties, whether formal or informal, regarding any such matters are hereby
superseded or terminated in their entirety. Where this MOU conflicts with the Human Resources
Rules and Regulations, the terms of this MOU shall control.
It is agreed and understood that each party hereto voluntarily and unqualifiedly waives its rights
to negotiate, and agrees that the other party shall not be required to negotiate with respect to any
matter covered herein during the term of this Memorandum of Understanding. Nothing in this
paragraph shall preclude the parties from jointly agreeing to meet and confer on any issue(s)
within the scope of representation during the term of this agreement.
ARTICLE XIII. SAVINGS PROVISION
If any provisions of this Memorandum of Understanding are held to be contrary to law by a court
of competent jurisdiction or invalidated by state or federal law, such provisions will not be
deemed valid and subsisting except to the extent permitted by law, but all other provisions will
continue in full force and effect. Should the State of California adopt legislation forbidding or
24
economically penalizing the CITY for granting any compensation increases called for in this
agreement, the compensation increase shall be suspended. The CITY and Association shall meet
and confer regarding any suspended compensation increases.
ARTICLE XIV. TERM
This Memorandum of Understanding represents the entire Agreement between the CITY and
UNION on subjects contained herein and shall become in full force and effect on November 1,
2015 unless otherwise noted, and shall continue in full force and effect until Midnight December
31, 2016. The UNION shall provide the CITY with its proposals for the period beginning
January 1, 2017 no later than October 1, 2016. The parties agree to begin the meet and confer
process by October 31, 2016.
FOR CITY OF GILROY
7:L;�
Ed ewes, Interim City Administrator
:s Sakai, Labor Negotiations
Human Resources
Director
Michael Horta, Human Resources Analyst
DATED: « 11 10
FOR AFSCME, LOCAL 101, GILROY
CHAPTER, (AFL -CIO)
25
John Greer, Villt ident
Jeff Ca ro, Negotiating Team Member
Jim Vaestri, Negotiating Team Member
DATED:
Exhibit A
AFSCME SUPERVISORY UNIT
SALARY SCHEDULE
Effective November 1, 2015
(2% Increase)
Job Class/
Job Classification Title
Salary Range
Step A
Step B
Step C
Step D
Step E
Public Safety
410
40.4
7,335.25
7,702.17
8,087.17
8,491.42
8,916.17
Communications
88,023.00
92,426.00
97,046.00
101,897.00
106,994.00
Supervisor
Operations Services
402
37.3
6,305.58
6,620.67
6,951.67
79299.58
7,664.25
Supervisor
75,667.00
79,448.00
83,420.00
87,595.00
91,971.00
Police Records Supervisor
407
Recreation Supervisor
406
35.8
5,860.17
6,153.33
69460.58
6,783.92
7,123.17
70,322.00
73,840.00
77,527.00
81,407.00
85,478.00
Administrative Secretary
613
31.1
4,658.92
4,891.83
5,136.50
5,393.00
5,662.75
55,907.00
58,702.00
61,638.00
64,716.00
67,953.00
AFSCME SUPERVISORY UNIT
SALARY SCHEDULE
Effective July 1, 2016
(2% Increase)
Job Class/
Job Classification Title
Salary Range
Step A
Step B
Step C
Step D
Step E
Public Safety
410
40.4
7,481.92
7,856.25
8,248.92
8,661.25
9,094.50
Communications
89,783.00
94,275.00
98,987.00
103,935.00
109,134.00
Supervisor
Operations Services
402
37.3
6,431.67
6,753.08
7,090.67
7,445.58
7,817.50
Supervisor
77,180.00
81,037.00
85,088.00
89,347.00
93,810.00
Police Records Supervisor
407
Recreation Supervisor
406
35.8
5,977.33
6,276.42
6,589.83
6,919.58
7,265.67
71,728.00
75,317.00
79,078.00
83,035.00
87,188.00
Administrative Secretary
613
31.1
4,752.08
4,989.67
5,239.25
5,500.83
5,776.00
57,025.00
59,876.00
62,871.00
66,010.00
69,312.00
Exhibit
MECH.A.NIC'S 'TOOL POLICY
PUBLIC WORKS DEPARTMENT '
EQUIPMENT MAIN'a'ENANCE
DIVISION
Within the Public Works Department,i$quipmeot Maintenance Division, the
following classifications are required to provide tools of the trade as condition and
requirement of employment:
Senior Equipment Mechanic
Equipment Mechanic ;
Assistant Mechanic
The Department determines minimum tool requirements based upon individual job
descriptions and the current fleet composition. Criteria used in determining
whether a specific tool should be supplied by the organization or be required of the
employee includes cost, frequency of use, and securement of the item and
generally follows the accepted standards of the industry. For.all job descriptions
the minimum requirements generally consist of the following:
El Locking mobile storage cabinet.
❑ 1/2 ", 3/8" and 1/4" drive sockets, both American and metric sizes (less than
1" or 21mm) with related ratchets and extensions.
PAGE I
❑ Combination end wrenches both American and aictric sizes (less than I" or
21 mm).
❑ Set of basic Allen wrenches, or sockets. _
❑ Various screw drivers; Phfflips, straight, and Torx tips.
1/2" drive torque wrench of either the "click" or "dial" type - of suff cient
quality and accuracy.
❑ Wire cutters and crimping tool for small gauge wire.
❑ Various hammers, punches, and chisels.
❑ Electrical test light. Tire pressure gauge and valve stem tool.
❑ 10 foot tape measure. Spark' plug gap tool.
❑ Oil filter wrench, battery terminal tools.
Other various tools required to perform job duties safely and efficiently.
In addition to the above listed items, the position of EQUIPMENT MECHANIC
AND SENIOR EQUIPMENT MECHANIC generally require the following
❑ Expanded set of sockets to' include flex head and deep well type..
❑ Basic automotive brake'tools, including various bleeder wrenches and rin
SP g
tools.
❑ Various distributor wrenches.
❑ Digital VOLT -OHM meter.
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❑ Measuring devices such as calipers and thickness gauges.
El Various snap -ring retainer pliers.
❑ 1/2" and 3/8" drive air impact tools, 3/8" air ratchet.
❑ Various impact sockets.
❑ Flair nut or tubing wrenches.
Other various tools .required to perform job duties safely and efficiently.
LOSS CO? -TIEOL:
A Department representative shall maintain a master inventory list for each
affected employee. The list shall be updated at least annually by the respective
employee and signed by the supervisor. Employees shall retain receipts until items
have been added to the Department's file. All tools may be inspected by the
Department to assure that they are of sufficient quality and condition which will
provide safe, damage free usage. Tools which are deemed of poor condition,
quality, inappropriate, or an unnecessary risk to the City may be rejected from the
respective employee's inventory and require the employee to remove said item
from the workplace.
The employee shall be
responsible, for the safe operation and usage of his/her tools.
Moreover, the employee shall be responsible for the securement and protection
against loss or theft during his/her on duty hours. The City of Gilroy shall P rovide
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safe keeping for the employees tools during off duty hours, and provide loss
replacement in the event of theft, fire, or other. destructive loss following guidelines
and stipulations: The employee shall provide a sufficient lockable -secure'
tool box
in which all of the employees tools and supplies will be placed prior to leaving the
workplace. Storage additions to the primary tool box ( i.e. side cabinets, top boxes,
additional drawer sections, etc.) shall be bolted or otherwise affixed, which will in
effect create a "single secure" tool center, hereafter re&rred
to ^a. ,toolbox ".
Replacement from damage as a result of fire or natural disaster will be on an "Item
for Item ". basis with a zero deductible expense to the employee. Total theft or loss
(Whole Loss) of an employee's toolbox and contents shall be replaced on an "Item.
.for Item" basis with zero deductible to the employee. Theft or
disappearance of an
individual item(s) shall not be reimbursed by the CITY unless such loss is the
result of; and evident of; a forceable entry (break-in) to an employee's locked
toolbox. All claims for replacement or reimbursement shall be processed by the
City's Risk Manager at the request of the employee and Department.
An annual "tool allowance" shall be distributed to reimburse the affected employee
for wear, adjustment, and other- consumable expenses to be used at the discretion of
the individual employee. The tool allowance schedule will become elective, July
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1, 1994 as follows:
Senior Equipment Mechanic $250 annually
Equipment Mechanic $250 annually
Assistant Mechanic $ 175 annually
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