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Resolution 1975-36 p . .;" -.. . . .. RESOLUTION NO. 75-36 RESOLUTION APPROVIN~ AND AUTHORIZING EXECUTION OF MEMORANDUM OF UNDER- STANDING FOR THE 19/5-1~76 FISCAL YEAR WITH GILROY EMPLOYEES' ASSOCIA- TIONJ GILROY POLICE OFFICERS' ASSOCIATION AND GILROY FIREMENS' ASSOCIA- TION. WHEREASJ the City Council of the City of Gilroy has approved and authorized execution of the Memorandum of Understanding for the 1975-1976 fiscal year with the Gilroy Employees' Association, the Gilroy Police Officers' Associa- tion and the Gilroy Firemens' Association copies of said three (3) Associations are marked Exhibits "A", "15" and "C" and attached hereto and made a part of this resolution. PASSED AND ADOPTED this 14th day of July, 1975, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, DUFFIN, DeBELL, LINK, PATE and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBER: STOUT APPROVED: ~ .~ i'" I) ---~~ Mayor ATTEST: I _ ~~/i1Ik City Cl erk l RESOLUTION NO. 75-36 ..-, ' )~! ~"... ~ , '. ~ . EXHIBIT "A" e .~:~ r:': ' I. " ;;' " MEMORANDUM OF UNDERSTAi'IDING This is a memorandum of understanding between the Negotiating Committee of the City of Gilrqy and the Gilroy City Employees Association, presentlY affilliated with AFSCME, Local 101, AFL-CIO. This memorandum covers both the General and Supervisory Units including the classifications shmm on Appendix A of th is memorandum. The parties agree: .' * 1. Effective July 1, 1975, salaries of all)ClaSSification;:> will be 7i i::> increased eight (8) percent~ fijf:t (s-o J..ofJ'&t5 Urtv._l,t-IJ;<.L\ 0 cyucvu'\.. ' I\. 2. The City will contribute ~-i~~..L. forty-five (45) dollars per month per employee for health insurance premiums. First payment. will be that premimum to be paid during the month of July. 3. Employees assigned to weekend stand-by duty will be paid at the straight time rate six (6) hours per day :for Saturday and Sunday. Time worked will be . credited Mainst the stand-by pay and will be paid at the overtime rate. Four (4) hours worked on ei"th~ ~~,1d.ll be determined to equal the stand-by pay and a:rry further hours worked on a given Saturday or Sunday will be paid at the overtime rate. 4. The City Grievance Procedure will be amended as per Appendix B. This constitutes a complete and full understanding between the parties on all matters within the scope of representation for fiscal year 1975-76 and ' fulfills the city's obligation to meet and confer in good faith on all such matters. All present resolutions, rules, regulations, practices and policies affecting employee relations will continue in force and effect without change, subject to meet and confer, for fiscal 1975-76. Notice of any proposed new matter or item will be provided the .. and will be sub~ect to meet and -- II. \ confer. G"I ",.~" ~ /~.e.c 5 j SO C/c>-' .,' ()->-.. 7/"'(!! J ~ "1" c;tI'J,-I.~ cu/f<1 A/"sC)4E; 403-/ /~/ AFL:-C.x< /' (z!J)3/7~ A/~~ /l-Iffp' e I9IlJ ~hlZ r/ -/, ~".{ 1 5ftl~ / C'CJv/t/ry I f IYI/JI/U" /)-<1.-/ ~kJ/.J-t/el!:-_r. I1FL-C/o Negotiating Committee . y of Gilroy . . . e e ~: \ i APPENDIX B GRIEVANCE PROCEDURE. The following procedure is to outline the proper channels for voicing emplqyee complaints or grievances. It is being issued to advise each employee of the proper procedures to follryN ar~ assure that his particular problem will be given full consideration. The emplqyee is entitled to have representation at each step of the procedUl~e. All em- ployee griev~~ces shall be .vritten thoroughly and completely, dated, and signed by the employee and presented to his supervisor. The immediate supervisors and each reviewing officer, thereafter, shall prepare a written report of the results of their efforts to solve this grievance. 1. Initially, all employee grievances should be directed to the immediate supervisor for solution. 2. In the event this Employee-Supervisor meeting does not answer br. solve within 10 days the employee's problem or complaint, the supervisor, 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 side of the matter. 3. In the event the matter is not adequately solved within 10 days at the Department Head level, the whole matter, on the Same basis, shall then be clearly presented in writing from the employee, the immediate super- visor, and the Department Head, to the City Administrator. 4. If an adequate solution to the matter is not established within 10 days at the City Administrator level, the employee or the City Administrator shall notify the Personnel Director who shall gather the written facts and present them to the Personnel Commission at its next regular meetirig. The Personnel Commission (in accord with Section 907, Subsection d, and Section 1003 of the City Charter) shall hear this matter and report its findings within 10 days to the City Council and/or appointing authority. The action of the City Council and/or appointing authority shall be final subject to whatever legal guarantees are available to the employee. Each succeeding level of Bll thority in this procedure shall refuse to hear the matter unless the preceding step of the procedure has been ob- served. 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 view to the presentation of all material facts so that a fair and impartial decision may be made. The Comm.ission Chair- man shall have full authority at all times to maintain orderly procedure and to restrict the hearing to f"acts relevant to the complaint. In hearing the appeal, the Commission may require the employee (appellant) to first present his grievance; followed by the immediate supervisor f"ar presentation of his attempts to resolve the grievance; followed by the Department Head for his presentation of his attempts to resolve the grievance; followed by the City Administrator for presentation of his 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 own counsel. . " f' 'Y~ _, (. e e ..:~ ~ (3/ !q7~- , &'.\ .A : t"i C fI'~/ ~ ,~ ) (') r J7~ JJ l$v\" o<_lJ1-Ll'.0o'...~ u-jQ. 0"'-' ~ "-}~,J<j~/'. 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'. . , "," ',' 0"., ., I '-c:d~1-L_-~ J, (' ..~; fit!, 7('- GE~ol J _ . , ',.. J ,~ e June 6, 1975 STEHARDS -- e The City will attempt to reach agreerr~nt under separate letter on the matter of Ste\'lards ~ ??'.,'"..,. . (:'x' '. . . . . ...... . "' -' " '. e June 6, 1975 CLASSIFICATION STUDY . .7~ The City will conduct a studY of the classifications of all employees in this bargaining unit. .The study will be completed by July I, 1976D, .~.. '. . . ' THIS MEMORANDUM OF UNDERSTANDING, made and entered into this 1/' /1 7ft ~ day of July, 1975, by and between the CITY OF GILROY and I the GILROY POLICE OFFICERS' ASSOCIATION, hereinafter referred to as ~ . ..1\ . EXHIBIT "B" , MEMORANDUM OF UNDERSTANDING BETWEEN GILROY POLICE OFFICERS' ASSOCIATION AND CITY OF GILROY <,7') .. ~ the "Association" for and on behalf of the employees hereinafter identified. Section I. Section II. RECOGNITION. The City hereby recognizes the Association as the organization entitled to meet and confer on matters . within the scope of representation. NON-DISCRIMINATION. No employee covered by this agreement shall be dis- criminated against by the City, or by the Association, by reason of race, color, religion, sex, age or national origin. Section III. AUTHORIZED DEDUCTIONS. Section IV. Section V. The City agrees to deduct from the wages of its employees initiation fees, and dues and to transmit such monies to the financial secretary of the Association. An employee desiring to have such deductions made shall sign a proper assignment form conforming to the requirements of the City, subject to the provisions of applicable resolutions. SALARIES. Effective July 1, 1975, the salary rates for all employee classifications covered shall be increased 8% and shall be as shown in Attachment "A". HEALTH AND WELFARE BENEFITS. The City shall contribute a maximum of $45.00 per month, per employee for Health and Welfare coverage for the employee and his dependents, to the Medical Plan of the employee's choice. First payment will be that premium to be paid during the month of July. Such plan shall be either the existing medical plans of the City or the I ..:! e . Operating Engineers Health and Welfare Trust of Northern California. Employees wishing to obtain dependent coverage may do so through payroll deduction authorization. Section VI. OVERTIME. .~~ ~ ~ The City shall establish a work period of twenty-eight (28) days and all work performed in excess of 240 hours in that period shall be compensated at the rate of 1 1/2 times the regular rate. Paid absences such as vacation and sick leave shall be counted as time worked for purposes of overtime. This section complies with the FAIR LABOR STANDARDS"ACT; as amended January 1, 1975. Section VII. CALLBACK. Any employee called back shall receive a minimum of two (2) hours compensation for any work performed including court appearances. Less than 240 hours will be regular pay; excess of 240 hours will be at time and a half. Section VIII. TRAINING TIME. Training assigned by the Chief of Police shall be con- sidered as regular duty time. Voluntary training at the employee1s request which is non-reimbursible shall be conducted at the employee's expense. Section IX. TRAINEES. The City agrees that no more than one (1) trainee shall be assigned to each shift and that supervision of the trainee shall be maintained at all times. Section X. ALTERNATE STAFFING~ The City and the Association agree that a trainee, upon completion of six (6) months minimum and no more than twelve ('2) months satisfactory service and achieving the minimum qualifications of a police officer, and certification by the Chief of Police, shall be appointed to the position of police officer on an alternative staffing basis within the existing trainee position. -2- . . -. . . Section XI. PROMOTIONAL OPPORTUNITIES. The City agrees to review and update the administrative procedures regarding promotional opportunities in the Police Department. ,~} ""' Section XII. EDUCATIONAL INCENTIVE. The existing educational incentive program shall remain in effect until such time as both the City and the Association agree to change. This program is as follows: 30 College Semester Units - Additional 1% gross pay 60 College Semester Units - Additional 1 1/2% gross pay Total additional compensation possible: 2 1/2 ,gross pay ..--. The City and the Association further agree to study the feasibility of establishing a oareer incentive program, including P.O.S.T. Certification in lieu of the existing program. Section XIII. UNIFORM ALLOWANCE. The City agrees that: all Police Officer, Matrons and Trainees hired after Ju1yl, 1975, shall receive an initial uniform allowance of $200. All cadets hired after July 1, 1975, shall receive an initial uniform allowance of $150. Upon upgrading to Police Officer, the cadet shall receive an additional $50. Effective July 1, 1975, two (2) payments of $120.00 each shall be made on or about July 1, and January 1, of each year to all employees covered by this agreement. Said payments shall be made on a pro-rata basis according to the date of entry into City service, ie. - $20.00 per month. If any employee does not satisfactorily complete the probationary period, these allowances are recoverable by the City. - 3 - . . . . The City and the Association agree that adequate standards of uniform dress shall be maintained as determined by the Chief of Police. Section XIV. EXISTING PRACTICES AND BENEFITS. This constitutes a complete and full understanding between;} ''':- .It the parties on all matters within the scope of representa- tion for Fiscal Year 1975-76 and fulfills the City's obligation to Meet and Confer in good faith on all such matters. All present resolutions, rules, regu~ations, practices and policies affecting employee relations will continue in force and effect without change, subject to Meet and Confer, for 1975-76. Notice of, any proposed new matter or item will be provided the Association and will be subject to Meet and Confer. Section xv. TERM OF AGREEMENT. This Memorandum shall be effective retroactive to July 1, . . 1975, upon adoption by the City of Gilroy and remain in effect until midnight the 30th of June 1976. This Memorandum may be extended by mutual agreement of the parties if additional time is needed to consummate a new Memorandum. Section XVI. RATIFICATION. Nothing contained in this Memorandum shall be deemed binding on the City or the Association until it has been ratified by the membership of the Association and adopted by the City Council. '~ - 4 - " e ~ , r e .~~\ ATTACHMENT "All 8"10 Increase SERGEANT BASIC 1116 1170 1228 1290 1353 1% 1126 1182 1241 1302 - 1367 2~1o 1142 1200 1259 1322 1388 PATROLMAN BASIC 986 1037 1088 1142 1200 1% 996 1047 1098 1153 1211 2~1o 1011 1062 1116 1170 1228 PAT. TRAINEE BASIC 687 719 756 793 833 1% 693 726 764 801 841 2~!o 701 738 773 812 853 PA T. CADET BASIC 3.38 3.54 3.71 3.87 4.05 1% 3.41 3.57 3.74 3.91 4.09 2~1o 3.46 3.61 3.79 3.97 4. 16 POLICE MATRON BASIC 773 812 853 895 940 1% 781 821 861 905 948 2~1o 793 833 874 918 962 ..t. e EXHIBIT "(" e MEMOR~NDUM OF UNDERSTANDING This is a t1emorandum of Understanding bet\-leen the negotiating cor...mittee- of the City of Gilroy and the Gilroy. Firemen's Associa- tion representing the classifications of FiremanjFire Engineer and Fire Captain.tH/'t"''?74'':; !jhYc"'\ ~'1-.t> , () (JJ The Parties Agree: 1. Effective July l~ 1975 salaries ~or each clas~ification represented by the Association will be increased eight (8} per~ . :-<:~n!. ,,7- ~//~P/~:I-~.f'aW '.' 2. The City wi'fl contribute forty. five (45)'dol1a:r:s per employee for health insurance premiums. First payment will be that premium to be paid during the month of July. 3. Effective July, 1975 there will be a one (1) dollar per month increase in clothigg allowance. 4. The City will furnish a Class A uniform meeting with all departmental regulations to each new employee upon that employee gainingx permanent, status. 5. The Cit~Will furnish each employee a second issue of all turn out gear which is required to be worn at fires by the Department Head. The gear will be of the same quality as that presently being issued. 6. The City will adhere to FLSA guidelines with respect to overtime. 7. The City agrees to a favored nation clause wherein should any salaries or benefits in another memorandum exceed those contained in this memorandum, said salaries or benefits will be applied to this unit. This constitutes a complete and full understanding between the parties an all matters within the scope of representation for fiscal year 1975-76 and fulfills the City's obligation to meet and confer in good faith on all such matters. All present resolutions, rules, regulations, practices and policies affect- ing employee relations will continue in force and effect without change, subject to meet and confer, for fiscal 1975-76. Notice ~1) any proposed new matter or item will be provided the association ~ and will be subject to meet and confer. I'-I! Ii / c- Dated ://)'-1 I 7:) i C'I/ " CCJU~,{fd/Cil!. Negotiating Committee City of Gilroy ~.~., L-;;;. j PI iL.~_..l--~:,~-\;;-- of the b VJ~ " r ,,/ / ' . ,/.' ~ " .< -r-- _ ~."""/ . - .G~/./~~4t ~ . ~/ Gilroy Firemen's Association I .. I, SUSANNE E. STEI~IETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 75-36 is an original' ,- resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Counci 1 held on the 14th day of July , 19 ~ at which meeting a quorum was present. IN WITNESS ~JHEREOF, I have hereunto set my hand and affixed the official seal of the City of Gilroy, this 21st day of July . 19 ZL. /0) City Cler~ of