Resolution 1975-36
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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:
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Mayor
ATTEST:
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City Cl erk
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RESOLUTION NO. 75-36
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EXHIBIT "A"
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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"
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Negotiating Committee
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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.
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June 6, 1975
STEHARDS
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The City will attempt to reach agreerr~nt under separate letter on
the matter of Ste\'lards ~
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June 6, 1975
CLASSIFICATION STUDY
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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,
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THIS MEMORANDUM OF UNDERSTANDING, made and entered into this
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~ day of July, 1975, by and between the CITY OF GILROY and
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the GILROY POLICE OFFICERS' ASSOCIATION, hereinafter referred to as
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EXHIBIT "B"
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MEMORANDUM OF UNDERSTANDING
BETWEEN
GILROY POLICE OFFICERS' ASSOCIATION
AND
CITY OF GILROY
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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
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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
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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.
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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.
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Section XI.
PROMOTIONAL OPPORTUNITIES.
The City agrees to review and update the administrative
procedures regarding promotional opportunities in the
Police Department.
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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
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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.
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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;}
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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,
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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.
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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
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EXHIBIT "("
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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"'\
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The Parties Agree:
1. Effective July l~ 1975 salaries ~or each clas~ification
represented by the Association will be increased eight (8} per~ .
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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.
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Dated ://)'-1 I 7:)
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CCJU~,{fd/Cil!.
Negotiating Committee
City of Gilroy
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Gilroy Firemen's Association
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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'
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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.
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City Cler~ of