August 19, 2025 Milpitas City Council Agenda Page 1
REGULAR MEETING OF THE MILPITAS
CITY COUNCIL
AGENDA
TUESDAY, AUGUST 19, 2025
CITY COUNCIL CHAMBER, 455 E. CALAVERAS BLVD, MILPITAS, CA 6:00 PM (CLOSED SESSION)
7:00 PM (PUBLIC BUSINESS)
For assistance in the following languages, you may call:
Đối với Việt Nam, gọi 408-586-2400
Para sa Tagalog, tumawag sa 408-586-3051
Para español, llame 408-586-3072
* To access written translation during the meeting, scan the QR Code.
The City Council meeting is held in the City Council Chamber at City Hall, 455 E. Calaveras Blvd., Milpitas and via teleconference/Zoom webinar.
You may watch the Council meeting without providing public comment by accessing it via links here.
Meeting shall be livestreamed - Go to:
Facebook: https://www.facebook.com/CityofMilpitas/
YouTube: https://www.milpitas.gov/youtube
Web Streaming: https://www.milpitas.gov/webstreaming
PUBLIC COMMENT INSTRUCTIONS
Oral public comments may only be provided live during the City Council meeting in person, unless the City Council approves remote public comment. All comments provided shall be limited to three minutes or less as determined by the Mayor. All members of the public will be limited to one comment per agenda item, and one comment for non-agenda items. Members of the public may submit written comments by email to [email protected]
The meeting will be streamed via Zoom for viewing purposes only unless the City Council approves remote public comment. To watch via Zoom, please register at:
https://ci-milpitas-ca-gov.zoom.us/webinar/register/WN_Ei05_7aEQoSgeAtAscox7Q NOTE: If a member of the public wishes to share any presentation materials for Council consideration, they must be submitted to the Clerk’s Office by email to [email protected] by 12:00 p.m. on the day of the meeting. No presentations will be accepted in person in the Council Chambers.
MILPITAS CITY COUNCIL CODE OF CONDUCT
• Be respectful and courteous (words, tone, and body language). • Model civility.
• Avoid surprises.
• Praise publicly and criticize privately.
• Focus on the issue, not the person.
• Refrain from using electronic devices while on the Council dais. • Disclose conflicts of interest and affiliations related to agenda items. • Separate governing from campaigning.
• The Council speaks with one voice after making policy on issues. • Respect the line between policy and administration.
• Council will hold one another accountable to comply with this Code of Conduct.
August 19, 2025 Milpitas City Council Agenda Page 2
CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk (6:00 PM)
ADJOURN TO CLOSED SESSION
(a) CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Agency’s Designated Representative(s): Rick Bolanos, Liebert Cassidy Whitmore Employee Organization(s): Professional and Technical Employees, Mid-Management and Confidential Employees, Milpitas Employees Association, Unrepresented Employees CLOSED SESSION ANNOUNCEMENT:
Report on action taken in Closed Session, if required per Government Code Section 54957.1, including the vote or abstention of each member present.
PLEDGE OF ALLEGIANCE
INVOCATION (Councilmember Lam)
PRESENTATIONS
● Women's Equality Day (Proclamation)
PUBLIC FORUM
Members of the public are invited to speak on any item that does not appear on today’s agenda. Comments will be limited to three minutes or less at the Mayor’s discretion. When called to speak, you are encouraged to state your name for the record.
As an item not listed on the agenda, no action can be taken, however the City Council may instruct the City Manager to place the item on a future meeting agenda.
ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS
READING OF THE CITY COUNCIL CODE OF CONDUCT
APPROVAL OF AGENDA
CONSENT CALENDAR
Consent calendar items are considered to be routine and will be considered for adoption by one motion. There will be no separate discussion of these items unless a City Councilmember, member of the audience or staff requests the Council to remove an item from (or be added to) the consent calendar. Any person desiring to speak on any item on the consent calendar should ask to have that item removed from the consent calendar.
C1. Receive City Council Calendar of Meetings (Staff Contact: Suzanne Guzzetta, City Clerk, 408- 586-3001)
Recommendation: Receive City Council Calendar of Meetings for August and September 2025.
C2. Approve City Council Meeting Minutes (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586- 3001)
Recommendation: Approve City Council Meeting minutes of June 26 and July 1, 2025.
C3. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Receive the list of anticipated agenda items for the next regular City Council meeting.
August 19, 2025 Milpitas City Council Agenda Page 3
C4. Receive and Review the List of Agenda Items Requested by City Councilmembers (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Receive the list of items that have been requested by City Councilmembers and received consensus in previous meetings to date.
C5. Adopt a Resolution Extending the Memoranda of Understanding Between the City of Milpitas and Milpitas Professional and Technical Group and the Milpitas Employees Association (Staff Contact: Kelli Parmley, Human Resources Director, 408-586-3086) Recommendation: (1) Adopt a resolution extending the Memorandum of Understanding between the City of Milpitas and Milpitas Professional and Technical Group (ProTech) from June 30, 2025 to June 30, 2026, with a 3% wage increase retroactive to the first full pay period in July, a one-time, lump sum, non-pensionable payment of $2,450, and incorporating previous Side Letter Agreements regarding Holiday Break, Temporary Staffing Services and Compassionate Leave, as well as a Unit Modification Agreement regarding the Payroll Specialist classification; and (2) Adopt a resolution extending the Memorandum of Understanding between the City of Milpitas and Milpitas Employees Association (MEA) from June 30, 2025 to June 30, 2026, with a 3% increase wage increase retroactive to the first full pay period in July, a one-time, lump sum, non-pensionable payment of $2,450, and incorporating previous Side Letter Agreements regarding Overtime, Temporary Staffing Services and Standby Assignment; and (3) Amend the All Job Classifications/Salary Table in Alignment with the proposed Extensions of Memoranda of Understanding.
C6. Approve the Final Map, Tract No. 10643; and Approve and Authorize the City Manager, or Designee, to Execute the Subdivision Improvement Agreement between the City of Milpitas and Toll West Coast, LLC for a Residential Project at 1905 Tarob Court (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303) Recommendation: (1) Approve the Final Map, Tract No. 10643, including all offers of dedications as stated and depicted on the final map upon completion and acceptance of improvements; and (2) Approve and authorize the City Manager, or designee, to execute the Subdivision Improvement Agreement between the City of Milpitas and Toll West Coast, LLC, which will be guaranteed by bonds or similar securities to be posted by the Toll West Coast LLC in the amount of $2,718,000.
C7. Consider a Fee Waiver Request from Saint Elizabeth Church (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409) Recommendation: Approve a fee waiver request of $1,083.67 for the St. Elizabeth Church Family Festival at the St. Elizabeth Church Parking Lot on September 21, 2025.
PUBLIC HEARINGS
Members of the public may be allotted up to three (3) minutes or less at the Mayor’s discretion, to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of ten (10) minutes for opening statements and up to a total of five (5) minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.
8. Introduce Ordinance No. 65.155 to Adopt by Reference the 2025 California Building Codes with Amendments (Staff Contact: Bill Tott, Building Official, 408-586-3263) Recommendation: Waive the first reading beyond the title and introduce Ordinance No.65.155 amending Chapters 3, 3.5, 4, 5, 6,7,10,11,14,16,19, and 150 of Title II of the Milpitas Municipal Code relating to adopting by reference the 2025 California Building Code, 2025 California Residential Code, 2025 California Mechanical Code, 2025 California Electrical Code, 2025 California Plumbing Code, 2025 California Energy Code, 2025 California Green Building Standards Code, 2025 California
August 19, 2025 Milpitas City Council Agenda Page 4
Wildland Urban Interface Code, 2025 California Existing Building Code, 2025 California Historical Building Code, 2025 Referenced Standards Code, 2024 International Property Maintenance Code, and 2024 International Swimming Pool and Spa Code, with amendments.
9. Introduce Ordinance No. 113.27 to Adopt by Reference the 2025 Edition of the California Fire Code with Certain Local Amendments (Staff Contact: Arthur Belton, Deputy Chief/Fire Marshal, 408-586-3384)
Recommendation: Waive the first reading beyond the title and introduce Ordinance No. 113.27 to adopt by reference the 2025 Edition of the California Fire Code, to be enacted as Chapter 300, Title V of the Milpitas Municipal Code, with certain local amendments.
LEADERSHIP AND SUPPORT SERVICES
10. Award a Contract and Authorize the City Manager, or Designee, to Negotiate and Execute an Agreement with MaintStar Inc. for a Land Management and Permitting Solution and Agreement with DATA CLIMB, LLC for Project Management Services in Support of the Land Management and Permitting Solution Implementation (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111; and Daniel Nam, Information Technology Director, 408-586-2712) Recommendation: Award a contract and authorize the City Manager, or designee, to negotiate and execute (1) a Software License and Professional Services Agreement with MaintStar Inc. for a Land Management and Permitting Solution, including related professional services, for an initial four-year term and up to two three-year options to extend the term of the Agreement for a total of 10 years, a maximum compensation of $650,000 for the initial four-year term and an estimated $1,571,000 for the full 10 years, and a 10% contingency, subject to the appropriation of funds; and (2) a Professional Services Agreement with DATA CLIMB LLC for Project Management Implementation Services for the Land Management and Permitting Solution for an initial term of two years, up to three one-year options to extend for a total of five years, and a maximum compensation of $370,000 for the initial two-year term with total option year costs in amounts not to exceed $200,000, subject to the appropriation of funds.
ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
Members of the City Council or City Manager may make brief announcements at this time. Members of the City Council may also suggest future agenda items. For future agenda items, the City Council shall not debate the topic or engage in discussion but shall simply state a “yes” or “no” as whether to move the item forward. If a majority of the City Council agrees to move the item forward, the City Manager shall place the item on a future agenda.
ADJOURNMENT
KNOW YOUR RIGHTS UNDER THE OPEN GOVERNMENT ORDINANCE
Government’s duty is to serve the public, reaching its decisions in full view of the public. Commissions and other City agencies exist to conduct the people’s business. This ordinance assures that deliberations are conducted before the people and City operations are open to the people’s review. For more information on your rights under the Open Government Ordinance or to report a violation, contact the City Attorney’s office at Milpitas City Hall, 455 E. Calaveras Blvd., Milpitas, CA 95035 e-mail: [email protected] / Phone: 408-586-3040
The Open Government Ordinance is codified in the Milpitas Municipal Code as Title I Chapter 310 and is available online at the City’s website www.milpitas.gov by selecting the Milpitas Municipal Code link.
Materials related to an item on this agenda submitted to the City Council after initial distribution of the agenda packet are available for public inspection at the City Clerk’s office at Milpitas City Hall, 3rd floor 455
August 19, 2025 Milpitas City Council Agenda Page 5
E. Calaveras Blvd., Milpitas and on City website. City Council agendas and related materials can be viewed online: www.milpitas.gov/government/council/agenda_minutes.asp (select meeting date)
APPLY TO SERVE ON A CITY COMMISSION
Commission application forms are available online at www.milpitas.gov or at Milpitas City Hall.
Contact the City Clerk’s Office at 408-586-3001 for more information.
If you need assistance, per the Americans with Disabilities Act, for any City of Milpitas public meeting, please call the City Clerk at 408-586-3001 or send an e-mail to [email protected] prior to the meeting. You may request a larger font agenda.
Milpitas City Council Calendar
August 2025
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2
3 4
7:00 PM-Parks, Recreation & Cultural
Resources Commission (EC)
5 6
2:00 PM-Santa Clara VTA Monthly
Briefing - Northeast Group (CM)
(Santa Clara)
5:30 PM-Veterans Commission (GB)
7:00 PM-Community Housing
Commission (EC)
7 5:30 PM-Milpitas Chamber of
Commerce Board (GB)
5:30 PM-Santa Clara VTA Board of
Directors (CM)
8 9
10 11
4:30 PM-Economic Development and
Trade Commission (WL)
12 5:30 PM-City Council Special Meeting
13 4:30 PM-City Council Finance
Subcommittee (CM/EC)
7:00 PM-Silicon Valley Clean Energy
Board of Directors (GB) (Cupertino)
7:00 PM-Planning Commission
CANCELLED
14 4:00 PM-Treatment Plant Advisory
Committee (CM) (San Jose)
4:00 PM-Santa Clara VTA Policy
Advisory Committee (EC)
6:00 PM-Youth Advisory Commission
(HL)
7:00 PM-Cities Assoc of SCC (CM)
15 16
17 18
3:00 PM- Main Street Subcommittee
7:00 PM-Science, Technology, and
Innovation Commission (WL)
19 6:00 PM-Closed Session
7:00 PM-City Council
20 12:00 PM-Santa Clara Valley Water
District - Water Commission (CM)
6:00 PM-Energy and Environmental
Sustainability Commission (EC)
21 22
23 24
25 26
1:30 PM-Senior Advisory Commission
(HL)
27 5:30 PM-Cities Assoc. of SCC -
Recycling and Waste Reduction
Commission (CM)
7:00 PM-Planning Commission
28 1:30 PM-Santa Clara County
Emergency Operational Area Council
(CM)
29 30
31 July 2025
S M T W T F S
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31
September 2025
S M T W T F S
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30
MILPITAS CITY COUNCIL CALENDAR
September 2025
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 CITY HOLIDAY
City Hall Closed
2 6:00 PM-Closed Session
7:00 PM-City Council
3 2:00 PM-Santa Clara VTA Monthly
Briefing - Northeast Group (CM)
(Santa Clara)
7:00 PM-Community Housing
Commission (EC)
4 12:00 PM-Santa Clara County Library
JPA Board Meeting (CM) (Campbell,
CA)
5:30 PM-Santa Clara VTA Board of
Directors (CM)
5:30 PM-Milpitas Chamber of
Commerce Board (GB)
5 6
7 8
4:30 PM-Economic Development and
Trade Commission (WL)
9 10
4:30 PM-City Council Finance
Subcommittee (CM/EC)
7:00 PM-Planning Commission
7:00 PM-Silicon Valley Clean Energy
Board of Directors (GB) (Cupertino)
11 4:00 PM-Santa Clara VTA Policy
Advisory Committee (EC)
4:00 PM-Treatment Plant Advisory
Committee (CM) (San Jose)
6:00 PM-Youth Advisory Commission
(HL)
7:00 PM-Cities Assoc of SCC (CM)
12 13
14 15
7:00 PM-Science, Technology, and
Innovation Commission (WL)
7:00 PM-Library and Education
Commission (HL) (Milpitas Public
Library)
16 6:00 PM-Closed Session
7:00 PM-City Council
17 6:00 PM-Energy and Environmental
Sustainability Commission (EC)
18 6:30 PM-Bay Area Water Supply
Conserv Agency (CM) (Oak Room -
San Mateo Main Library)
7:00 PM-Public Safety and
Emergency Preparedness Commission
(WL)
19 20
21 22
7:00 PM-Arts Commission (CM)
23 24
7:00 PM-Planning Commission
25 4:00 PM-Silicon Valley Regional
Interoperability Authority (SVRIA)
(GB)
26 27
28 29
30 August 2025
S M T W T F S
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
31 October 2025
S M T W T F S
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31
June 26, 2025 Milpitas City Council Minutes Page 1
SPECIAL MEETING OF THE MILPITAS
CITY COUNCIL
MINUTES
THURSDAY, JUNE 26, 2025
The City Council convened in a Special Meeting of the Milpitas City Council on June 26, 2025, in the City Council Chamber, 455 E. Calaveras Blvd, Milpitas, CA, and via teleconference/Zoom webinar.
CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk Mayor Montano called the Regular City Council meeting to order at 5:35 PM. Roll Call was taken by Deputy City Clerk Chen.
PRESENT: Mayor Montano, Vice Mayor Barbadillo, Councilmember Lam ABSENT: Councilmember Chua, Councilmember Lien
PLEDGE OF ALLEGIANCE
Mayor Montano led the Pledge of Allegiance.
PUBLIC FORUM
There were no public speakers.
ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS Acting City Attorney Christopher Creech asked the Mayor and Council Members to disclose any financial or personal conflicts of interest related to items on the agenda. No conflicts were reported.
READING OF THE CITY COUNCIL CODE OF CONDUCT
Mayor Montano read the Milpitas City Council Code of Conduct.
AGENDA ITEMS
1. Presentation of State of the City Address
Interim City Manager Santana welcomed attendees to the 2025 State of the City event and introduced Mayor Montano. The Mayor welcomed attendees, acknowledged the dignitaries present, and delivered the State of the City Address.
ADJOURNMENT
Interim City Manager Deanna Santana adjourned the meeting at 5:59 PM and announced that refreshments and light snacks were available downstairs.
Draft meeting minutes submitted by City Clerk, Suzanne Guzzetta
July 1, 2025 Milpitas City Council Minutes Page 1
SPECIAL MEETING OF THE MILPITAS
CITY COUNCIL
MINUTES
TUESDAY, JULY 1, 2025
The City Council of the City of Milpitas convened in a Special Meeting of the Milpitas City Council on July 1, 2025, in the Krystall B Room at the Sonesta San Jose – Milpitas, 777 Bellew Drive, Milpitas, CA.
CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk Mayor Montano called the Special City Council meeting to order at 10:01 AM. Roll Call was taken by Assistant City Manager Cano.
PRESENT: Mayor Montano, Vice Mayor Barbadillo, Councilmember Chua, Councilmember Lam, Councilmember Lien
ABSENT: None
PLEDGE OF ALLEGIANCE
Mayor Montano led the pledge of allegiance.
PUBLIC FORUM
There were no public speakers.
ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS Acting City Attorney Creech asked the Mayor and City Councilmembers if they had any personal conflicts of interest. By roll call, there were no conflicts of interest.
READING OF THE CITY COUNCIL CODE OF CONDUCT
Mayor Montano read the City Council Code of Conduct.
AGENDA ITEMS
1. City Council Strategy & Governance Planning Workshop The Workshop began by Mayor Montano and Interim City Manager welcoming the City Council, Acting City Attorney Christopher Creech, Assistant City Manager Matt Cano, and Facilitator Shawn Spano.
Upon the Welcome, Facilitator Spano and Interim City Manager Santana discussed the purpose and context of the Workshop, stating that at this time the City faces three unprecedented events: vacant City Manager and City Attorney positions; structural budget deficit; and, resulting service and resource reductions to provide municipal services.
In addition to the context and purpose, discussion was had about areas of improvement for governance and best practices that can be further implemented by the City Council. The facilitator reviewed several slides from Bridging the Gap: Governing Together by The Novak Consulting Group which emphasize Council Roles (e.g., strategy, trustee, representative, community builder, decision maker, and oversight); Political – Administrative Gap that focuses on the “gray” area between political acceptability and administrative sustainability; and, Political – Administration Dichotomy which highlights the relationship between policy and administration in Board-Manager cities.
July 1, 2025 Milpitas City Council Minutes Page 2
After this review, Facilitator Spano facilitated a robust discussion with the Council on scenario based exercises focused on governance. Specifically, scenarios focused on:
Governing vs. Managing When Resources Don’t Meet High Expectations Policy Champion vs. Policy Analyst Well Intentioned Councilmember Governing Performance Data When Data Does Not Make Sense Influence vs. Process A Politically Sensitive Case
Influence vs. Process City Council Policy Decision
Path Forward / Future Planning
After these exercises, the Council discussed government alignment between the Council and City Manager’s Office. The Council directed staff to develop a similar alignment graphic that included the City Attorney’s role. Discussion was had about the Council’s purpose/authority and intent, with the same on the City Manager’s Office.
Interim City Manager Santana presented proposed changes to governance practices, including:
• Implementing a tracking report for council requests
• Moving to a biannual council priority process aligned with budget cycles, which the Council directed to keep the status quo.
• Strengthening the city manager's office's management of departmental communications The City Council generally supported these proposals, with some discussion around ensuring timely responses to smaller requests.
Interim City Manager Santana also shared her expectations for department directors, emphasizing their responsibility for both departmental management and organizational leadership. Council members expressed support for strengthening performance management practices.
The meeting concluded with councilmembers sharing positive feedback about the workshop and expressing hope for improved governance and trust moving forward. Councilmember Chua suggested a follow-up session in six months to assess progress.
ADJOURNMENT
Mayor Montano adjourned the meeting at 2:28 PM.
Draft meeting minutes submitted by City Clerk, Suzanne Guzzetta
TENTATIVE CITY COUNCIL AGENDA ITEM LIST
as of 8/14/2025
September 2, 2025 – Regular Meeting (7:00 PM)
CLOSED SESSION
- Labor Update
INVOCATION (Councilmember Lien)
PRESENTATION
- IT Professionals Day (Proclamation)
- National Suicide Prevention Week (Proclamation)
- National Preparedness Month (Proclamation)
CONSENT CALENDAR
1. Receive City Council calendar for September 2025 (City Clerk)
2. Approve City Council meeting minutes of August 12 and 19, 2025 (City Clerk)
3. Preview list of items for September 16, 2025 (City Clerk)
4. Councilmember Request List (City Clerk)
5. Commission Appointments (City Clerk)
6. Investment Policies – General and Section 115 (Finance)
7. 2nd Reading – Comprehensive Zoning Update (Planning)
8. Street Resurfacing CIP 4307 Design Agreement (Public Works / Engineering)
9. 255 N. McCarthy Blvd Initial Acceptance of Public Improvements (Public Works / Engineering)
10. HHW Funding Augmentation (Public Works)
11. PD Locker Room Construction Award (Public Works)
12. CALRecycle Grant Application (Public Works)
LEADERSHIP AND SUPPORT SERVICES
13. Code of Conduct - Electronic Device Use (City Clerk)
14. City Council Salaries (City Manager)
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
OPEN ITEMS
Request
No. Topic Submitted by:
Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
1 Exapnd the Milpitas SMART program to include
service to the San Jose Airport Lam 8/12/2025
An update on this item will be included in the
next quarterly prioritization update.
2 Staff explore a program similar to San Leandro’s,
which provides Ring doorbell cameras to residents Chua 8/12/2025 An update on this item will be included in the
next quarterly prioritization update.
3 Policy review on youth sport grant eligibility to
address excluding homeschooled children Mayor 6/17/2025 An update on this item will be included in the
next quarterly prioritization update.
ACTIVE ITEMS
Request
No. Topic Submitted by:
Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
4 Reinstate the posting of the colors by Boy Scouts
at City Council Meetings Chua 4/15/2025
An update on this item will be included in the
next quarterly prioritization update.
5 Revise City Council Code of Conduct language
regarding the use of electronic devices. Lam 4/1/2025
An update on this item will be included in the
next quarterly prioritization update.
6 Develop a project management informational
memo. Barbadillo 4/1/2025
An update on this item will be included in the
next quarterly prioritization update.
7 Create a Milpitas Community Concert Choir with
city support for marketing and rehearsal space. Chua 4/1/2025 An update on this item will be included in the
next quarterly prioritization update.
8 Look into adding an entertainment zone to Main
Street. Montano 3/4/2025
An update on this item will be included in the
next quarterly prioritization update.
9 Staff provide a detailed analysis of overtime
expenditures by department. Barbadillo 3/4/2025
An update on this item will be included in the
next quarterly prioritization update.
10 Look into a policy to require a Super Majority vote
by Council for any deductions to budget reserves. Chua 2/18/2025 An update on this item will be included in the
next quarterly prioritization update.
11 Bring back a discussion regarding fentanyl-related
issues Barbadillo 2/18/2025
An update on this item will be included in the
next quarterly prioritization update.
12 Feasibility study regarding a police satellite office. Montano 2/18/2025 An update on this item will be included in the
next quarterly prioritization update.
13 Staff organize a job fair for City job openings Chua 11/19/2024 An update on this item will be included in the
next quarterly prioritization update.
14 Bring back a study or analysis of the permit
process Chua 11/19/2024
An update on this item will be included in the
next quarterly prioritization update.
15 Explore updating the city's business tax rate
schedule Chua 10/1/2024
An update on this item will be included in the
next quarterly prioritization update.
16 Explore funding options for new signage following
the decision to rename the Milpitas Library to the
Milpitas Jose Esteves Library Barbadillo 9/3/2024
An update on this item will be included in the
next quarterly prioritization update.
17 Update the animal control ordinance to include
other animals such as horses and cats Chua 9/3/2024
An update on this item will be included in the
next quarterly prioritization update.
18 Look into adopting an ordinance similar to San
Jose allowing ADUs (Accessory Dwelling Units) to
have a separate title and be sold separately. Chua 8/13/2024 An update on this item will be included in the
next quarterly prioritization update.
19 Conduct a traffic study on Escuela Parkway to
address circulation concerns Montano 5/7/2024
An update on this item will be included in the
next quarterly prioritization update.
20 Explore the possibility of augmenting the Planning
Commission stipend Barbadillo 4/16/2024
An update on this item will be included in the
next quarterly prioritization update.
21 Consideration of the 20% Low Income Below
Market Rate Housing Montano 12/5/2023
An update on this item will be included in the
next quarterly prioritization update.
22 Referral for utility infrastructure cost on Main Street from Carlo to Corning Streets Montano 10/17/2023
An update on this item will be included in the
next quarterly prioritization update.
23 Main Street International Festival Lien 10/3/2023
An update on this item will be included in the
next quarterly prioritization update.
24 Pickleball Pilot Project Chua 2/28/2023
An update on this item will be included in the
next quarterly prioritization update.
NOTE: Deferred and Completed Items are not listed
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
25 Main Street Infrastructure Projects Montano 2/28/2023 An update on this item will be included in the
next quarterly prioritization update.
26 Main Street Flooding at Library Chua 2/28/2023
An update on this item will be included in the
next quarterly prioritization update.
27 Have the City look into the possibility of a Citywide Senior Discount Barbadillo 2/7/2023
An update on this item will be included in the
next quarterly prioritization update.
28 City Manager look into implementing a workshop
for small businesses on the bidding process for
projects in the city Chua 8/9/2022
An update on this item will be included in the
next quarterly prioritization update.
29 Quarterly or Monthly crime statistics on Homekey
Project Chua 6/7/2022
An update on this item will be included in the
next quarterly prioritization update.
30 Evaluate reopening the childcare center with a non-
profit organization running the center Montano 2/1/2022 An update on this item will be included in the
next quarterly prioritization update.
31 Staff to look into mural Art on Great Mall Parkway
on the VTA owned Light rail pillars Montano 11/16/2021
An update on this item will be included in the
next quarterly prioritization update.
32 Consider Community Museum and Park on Main
St. Phan 8/20/2019
Discussions with the property owner of this
site are ongoing and staff is tracking
returning to council by June 2025 with an
update.
ACTIVE ITEMS
Request
No. Topic Submitted by:
Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
NOTE: Deferred and Completed Items are not listed
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Adopt a Resolution Extending the Memoranda of Understanding Between the City of Milpitas and Milpitas Professional and Technical Group and the Milpitas Employees Association (Staff Contact: Kelli Parmley, Human Resources Director, 408-586-3086)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 8/19/2025
Recommendation: (1) Adopt a resolution extending the Memorandum of Understanding between the City of Milpitas and Milpitas Professional and Technical Group (ProTech) from June 30, 2025 to June 30, 2026, with a 3% wage increase retroactive to the first full pay period in July, a one-time, lump sum, non-pensionable payment of $2,450, and incorporating previous Side Letter Agreements regarding Holiday Break, Temporary Staffing Services and Compassionate Leave, as well as a Unit Modification Agreement regarding the Payroll Specialist classification; and (2) Adopt a resolution extending the Memorandum of Understanding between the City of Milpitas and Milpitas Employees Association (MEA) from June 30, 2025 to June 30, 2026, with a 3% increase wage increase retroactive to the first full pay period in July, a one-time, lump sum, non- pensionable payment of $2,450, and incorporating previous Side Letter Agreements regarding Overtime, Temporary Staffing Services and Standby Assignment; and (3) Amend the All Job Classifications/Salary Table in Alignment with the proposed Extensions of Memoranda of Understanding.
BACKGROUND:
The Memoranda of Understanding between the City of Milpitas and the Milpitas Professional and Technical Group (ProTech), and Milpitas Employees Association (MEA), affiliates of LIUNA/UPEC, expired on June 30, 2025. Thus, the City needs to extend the current MOUs.
ANALYSIS:
Milpitas Professional and Technical Group (ProTech)
City representatives and representatives from ProTech met and conferred in good faith to negotiate an extension to the ProTech Memorandum of Understanding (MOU). The City and ProTech began negotiations on April 10, 2025 and met six (6) times. A tentative agreement has been reached with an extension of the expired MOU effective July 1, 2025 through June 30, 2026. The ProTech Bargaining Group voted in favor of the MOU Extension on June 3, 2025. The substantive items in the agreement are:
1) One-year contract extension with wage adjustments of 3% retroactive to the first full pay period in July and a one-time lump sum, non-pensionable payment of two thousand four hundred and fifty dollars ($2,450); and
2) Incorporation of the following Side Letters (attached):
a. Side Letter Agreement Regarding the Holiday Break
b. Side Letter of Agreement Regarding Temporary Staffing Services c. Side Letter of Understanding Regarding Compassionate Leave d. Unit Modification Agreement Regarding Payroll Specialist
The Extension of the Memorandum of Understanding is included in the City Council agenda packet as Exhibit A to the Resolution to approve the MOU. The draft MOU document was available for public review for the 10- day period required by the City of Milpitas Open Government Ordinance on August 9, 2025.
Milpitas Employees Association (MEA)
City representatives and representatives from MEA met and conferred in good faith to negotiate an extension of the MOU. The City and MEA began negotiations on April 10, 2025 and met seven (7) times. A tentative agreement has been reached with an extension of the expired MOU effective date July 1, 2025 through June 30, 2026. The MEA Bargaining Group voted in favor of the MOU Extension on July 30, 2025. The substantive items of the agreement are:
1) One-year contract extension with wage adjustments of 3% retroactive to the first full pay period in July and a one-time lump sum, non-pensionable payment of two thousand four hundred and fifty dollars ($2,450); and
2) Incorporation of the following attached Side Letters:
a. Section 17.00 – Overtime
b. Section 18.00 – Standby Assignment
c. Temporary Contracting Services
The Extension of The Memorandum of Understanding is included in the City Council agenda packet as Exhibit B to the Resolution to approve the MOU. The draft MOU document was available for public review for the 10- day period required by the City of Milpitas Open Government Ordinance on August 9, 2025.
POLICY ALTERNATIVE(S):
Alternative 1: Do not adopt the Resolutions in the Recommendation
Pros: The City would not incur additional salary and one-time expenses. However, the City negotiated these agreements and rejecting approval of this action could result in other costs from further negotiations and bargaining practice claims.
Cons: The City would not have current MOUs with these bargaining groups representing over 70 ProTech and over 50 MEA employees who provide essential services to the Milpitas community.
FISCAL IMPACT:
ProTech
The FY 2025-26 Adopted, Amended Operating Budget includes the 3% wage increase for ProTech. There is sufficient available funds in the FY 2025-26 Adopted, Amended Operating Budget to support the one-time lump sum, non-pensionable costs of approximately $188,650.
MEA
The FY 2025-26 Adopted, Amended Operating Budget includes the 3% wage increase for MEA. There is sufficient available funds in the FY 2025-26 Adopted, Amended Operating Budget to support the one-time lump sum, non-pensionable costs of approximately $144,550.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
The action is a continuing administrative or personnel activity and is not a project pursuant to Cal. Code Regs., tit. 14, § 15378. The action has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and is not a project pursuant to Pub.
Resources Code, § 21065 and Cal. Code Regs., tit. 14, § 15378. Even if a project, the action is exempt from further CEQA review pursuant to Cal. Code Regs., tit. 14, § 15061(b)(3) as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
ATTACHMENT(S):
(a) Resolution Approving the ProTech MOU Extension
(b) Exhibit A – ProTech Extension of the Memorandum of Understanding (c) Resolution Approving the MEA MOU Extension
(d) Exhibit B – MEA Extension of the Memorandum of Understanding (e) Exhibit C - All Job Classifications/Salary Table Effective 07/1/2025
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS ADOPTING THE
EXTENSION OF THE MEMORANDUM OF UNDERSTANDING WITH THE MILPITAS PROFESSIONAL TECHNICAL UNIT, AN AFFILIATE OF LIUNA/UPEC LOCAL 792, FOR THE PERIOD OF JULY 1, 2025, THROUGH JUNE 30, 2026
WHEREAS, the most recent Memorandum of Understanding (MOU) between the Professional Technical (ProTech) Unit, an affiliate of LIUNA/UPEC Local 792, and the City of Milpitas covered the period of July 1, 2023 through June 30, 2025; and
WHEREAS, representatives of ProTech and UPEC Local 792 and the City of Milpitas met in good faith and negotiated an extension and amendment of the MOU; and
WHEREAS, the Extension of the MOU between ProTech and the City of Milpitas shall be effective July 1, 2025, through June 30, 2026, a copy of which is attached as “Exhibit A.”
NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:
1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
2. The Extension of the MOU between the Professional Technical Unit and the City of Milpitas, attached hereto as Exhibit A, is hereby approved and the City Representatives are hereby authorized to execute it.
3. The City Council adopts and approves Exhibit C, the pay schedule “ALL JOB CLASSIFICATIONS/SALARY TABLE effective July 1, 2025”.
PASSED AND ADOPTED this ______ day of ___________, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
___________________________
Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:
_________________________________
Christopher Creech, Acting City Attorney
EXTENSION OF THE MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF MILPITAS AND THE PROFESSIONAL AND TECHNICAL EMPLOYEES’ GROUP The City of Milpitas and the Milpitas Professional and Technical Employees’ Group (“Union”), through their designated bargaining representatives, hereby agree that the term of the parties’ Memorandum of Understanding (“MOU”), presently in effect from July 1, 2023 through June 30, 2025, will be extended for a period of twelve months, from July 1, 2025 until June 30, 2026. Except as expressly revised below, all terms and conditions of the MOU shall remain in full force and effect for the term of the extension.
The following sections of the MOU are revised as follows:
PREAMBLE
The second paragraph of the Preamble of the MOU is revised to provide that the term of the MOU is extended by twelve months, to expire on June 30, 2026.
SECTION 26 – SALARY
26.06 July, 2025 Salary Schedule Increase: Effective the first full pay period in July, 2025, the July 2024 Salary Schedule will be increased by three percent (3%).
26.07 [NEW] As soon as administratively possible following adoption of this Extension Agreement by the City Council, the City will pay each bargaining unit member a one- time lump sum, non-pensionable payment of two thousand four hundred and fifty dollars ($2,450.00).
SECTION 28 – WORK SCHEDULES
28.03 The City agrees to review requests for Alternate Work Schedules. Proposals for alternate work schedules shall be evaluated within each department and for each position. Alternate work schedules may not be appropriate for all departments or employees. In reviewing requests, the City shall take into consideration the City's desire to maintain a level of service, determined by the City, in addition to the employees’ needs.
The Department Head shall make a decision based on the legitimate needs of the Department. In the event a Department Head decides to deny a request for alternate work schedules, they shall provide a written decision to the employee including specific reasons why the request is being denied.
The department’s head decision may be appealed by the affected employee(s) to the city manager. The city manager’s decision shall be final and binding.
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AGREEMENTS
This extension includes the attached agreements, which are intended to be incorporated into the successor contract:
• Side Letter Agreement Regarding the Holiday Break
• Side Letter of Agreement Regarding Temporary Staffing Services • Side Letter of Understanding Regarding Compassionate Leave • Unit Modification Agreement Regarding Payroll Specialist
DATE: ____________
BY THE CITY: BY THE UNION:
Richard C. Bolanos, LCW
Ryan Heron, UPEC Local 792
Kelli Parmley
Jacob Stocke
Deanna J. Santana Randy Baez
Jaclyn Imbesi
Weston Gray
Jessica Thiragirayuta
Tyler Nguyen
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City of Milpitas Side Letter Agreement
Between
Professional and Technical Group (Pro-Tech) and the City of Milpitas Regarding the Holiday Break between Christmas Eve and New Year’s Day
In addition to the recognized holidays, City Hall and selected operation will be closed to the public during the period beginning from the Christmas Eve holiday through the New Year’s Day holiday. Essential services including, but not limited to Police and Fire, will continue to operate and certain events will be held as scheduled. Department Directors will determine which services and facilities will remain open. The MOU’s provide that when a holiday falls on a Saturday, it is recognized on the preced ing Friday, and when a holiday falls on a Sunday it is recognized on a Monday. When the recognized holidays of Christmas Eve and Christmas fall or New Year’s Eve and New Year’s Day fall on a Friday and Saturday, the holidays shall be recognized on Thursda y and Friday of that week. When the recognized holidays of Christmas Eve and Christmas fall or New Year’s Eve and New Year’s Day fall on the Sunday and Monday, the holidays shall be recognized on the Monday and Tuesday of that week.
As this period of time is generally a slower time for conducting business and many employees enjoy taking this time off, it is an ideal time to close. However, we also understand that there are some employees who will want to work and some employees that will need to work, d epending on the needs of the City and the employee’s position. For instance, an employee from Finance and HR will be working on at least one of those days, possibly two to work on payroll.
City employees may participate in the Holiday Break on a voluntary basis. If employees prefer to work, they are to notify their supervisor in advance to make arrangements for an assignment. Employees may be assigned to perform work outside of their usual assignment and possibly outside of their department.
Employees will be permitted to work during this period of time, take vacation, compensatory time off or take leave without pay depending on the business needs of the City.
All requests to take time off will need to be approved by the Department Head as they will need to determine the business needs of the City.
The continuation of the holiday closure is subject to the sole discretion of the City Council. As City Council members change, the parties recognize the decision to continue the holiday closure period may also change. The City will give a 14- day notice of any such change.
For the City of Milpitas:
Jeannine M. Seher
Human Resources Director
Date
Steven McHarris
City Manager
Date
For the Union:
Ryan Heron, Union Representative, LIUNA Date
Avery Stark, ProTech President Date
11/4/2021
12/8/2021
12/08/2021
10/25/2021
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SIDE LETTER OF AGREEMENT
between
City of Milpitas and LIUNA-UPEC 792/Pro-Tech
The City issued a Request for Proposal with the stated intent of contracting with one or more vendors to provide temporary staffing services to augment staffing during times of recruitment for vacancies, staff absences due to illness or injury, in times of peak workloads, or unanticipated increases in work volume. In an effort to reach an agreement on the parameters of such a contract, the parties have an interest in entering into a side letter agreement.
This Side Letter of Agreement is entered into by and between the City of Milpitas (“City”) and the LIUNA-UPEC 792/Pro-Tech (“Union”) collectively known as “The Parties .” For purposes of this side letter agreement, a “Vendor” is the firm selected to provide temporary staffing services. An employee who works for the vendor to provide such temporary services is referred to as a Temporary Employee.
Subject to the City of Milpitas City Council approval, the Parties agree to the following terms and conditions outside of the MOU:
The City shall enter into a contract with vendor(s) subject to the following parameters:
1. The list of classifications the City may fill with a temporary employee from a contract vendor shall be limited to those identified in the RFP. Should the City wish to expand the list of classifications, it shall notify the Union and provide the opportunity to meet and confer.
2. The vendor(s) selected as a result of the Temporary Services RFP shall not be used to provide staff to permanently replace regular budgeted City positions. Should the City wish to outsource a function, it shall notify the Union and provide the opportunity to meet and confer, as required by law.
3. Temporary work provided by vendor temporary employees through this agreement shall be limited as follows:
a. Peak Workload Periods: If hired to augment staff for “peak” workload periods, the position shall be limited to a total of 720 hours per calendar year. b. Active Recruitment: If hired to backfill behind a staff vacancy, the position shall be limited to 959 hours per calendar year.
c. Employee Absence: If hired to backfill behind an employee’s long-term absence, no more than the length of such absence. A position being contracted shall not be allowed to exceed 959 hours without the prior authorization of the Human Resources Director and the Union.
d. Projects: If hired to complete a special project, the time is limited to the duration to complete the project, and not to exceed 959 hours per calendar year.
4. The City agrees to provide invoices monthly to the Union showing the hours worked by temporary employees in a manner agreed upon as a result of the contract with the City. a. The information provided to the Union shall include:
i. The total year-to-date hours worked by each contracted employee. ii. The employee’s hourly pay rate.
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iii. The hourly bill rate to the City.
5. Prior to any workload being given to a temporary contracted employee, when possible, the workload shall be first offered to bargaining unit employees in the appropriate classifications, including via overtime opportunit ies, out-of-class assignment, and/or special assignment, if it is feasible based on department needs. Employees shall not be obligated to accept out-of-class or special assignments.
6. Whenever a bargaining unit position is contracted through a temp agency pursuant to this agreement, The City shall notify L IUNA representatives of the decision to contract work via this agreement and include the following information:
a. The date the temporary employee started.
b. The scope of the work being contracted out.
c. The reason for contracting the work (Peak workload, active recruitment, employee absence, or special project).
d. The expected duration of the work.
7. The City shall issue L IUNA representatives a monthly “vacancy report” Following this monthly report, the City shall agree to meet with the Union upon request to discuss concerns stemming from the report.
8. The City recognizes the value of employees being gathered in the workplace to conduct City business but also understands the desire to have increased flexibility by providing teleworking options. The City does not expect to have temporary vendor staff working remotely for a significant portion or all of the workweek on a frequent basis. The City will notify the union when a temporary contract employee is telewor king a majority of the workweek. The City agrees to meet with the Union upon request to discuss any concerns.
For the City:
Jeannine M. Seher
Human Resources Director
Date
Steven McHarris
City Manager
Date
For the Union:
Ryan Heron
Union Representative, LIUNA
Date
Avery Stark
ProTech President
Date
5/16/2022
6/22/22
06/21/2022
05-16-2022
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12/10/2020
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Unit Modification Agreement
Between the City of Milpitas,
the Professional and Technical Unit (ProTech),
and the Mid-Management and Confidential Unit (Mid-Con)
for Payroll Specialists
The City of Milpitas, hereby referred to as “City” , the Professional and Technical Unit, hereby referred to as “ProTech”, and the Mid-Management and Confidential Unit, hereby referred to as “Mid-Con”, execute this Unit Modification Agreement for the Payroll Specialist classification.
Per the City’s Personnel Rules and Regulations Section 15.09 – Appropriate Bargaining Unit:
15.09.1 The Municipal Employee Relations Officer, after reviewing the petition filed by an Employee organization seeking formal recognition as majority representative, shall determine whether the proposed unit is an appropriate unit. The principal criterion in making this determination is whether there is a community of interest among such Employees. The following factors, among others, are to be considered in making such determinations:
(a) Which unit will assure the Employees the fullest freedom in the exercise of rights set forth under this rule.
(b) The history of Employee relations in the unit; or among other Employees of the City; or in similar public employment.
(c) The effect of the unit on the efficient operation of the City and sound employer - employee relations.
(d) The extent to which Employees have common skills, working conditions, job duties and/or similar educational requirements.
At the request of the authorized bargaining units (ProTech and Mid-Con), the Municipal Employee Relations Officer has conducted an analysis based on the factors above and agrees that Payroll Specialists would be more appropriately placed in Mid-Con rather than ProTech.
This unit modification is deemed appropriate and effective September 1, 2024 . The impacted party, Mid-Con, through the normal process of meeting and conferring , will establish or amend any sections of the existing MOU in order to appropriately incorporate Payroll Specialists.
The signatures below acknowledge and agree to the terms set forth above.
For the City of Milpitas:
__________________________ ________________
Kelli Parmley Date
Human Resources Director
__________________________ ________________
Ned Thomas Date
City Manager
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Oct-17-2024
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For the Unions:
__________________________ ________________
Ryan Heron, Union Representative Date
LIUNA/UPEC
__________________________ ________________
Jacob Stocke Date ProTech President
__________________________ ________________
Toni-Lynn Charlop Date Mid-Con President
10/10/2024
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MILPITAS PROFESSIONAL AND
TECHNICAL GROUP (PROTECH)
AN AFFILIATE OF
LIUNA/UPEC LOCAL 792, AFL-CIO
MEMORANDUM
OF
UNDERSTANDING
July 1, 2023 – June 30, 2025
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TABLE OF CONTENTS
SECTION 1.00 - EMPLOYEE RIGHTS ............................................................................................................... 1 SECTION 2.00 - CITY RIGHTS............................................................................................................................ 3 SECTION 3.00 - ADVANCE NOTICE AND APPEALS PROCEDURE ........................................................... 4 SECTION 4.00 - DISCIPLINARY ACTION ........................................................................................................ 4 SECTION 5.00 - LAYOFF ...................................................................................................................................... 7 SECTION 6.00 - RESIGNATION .......................................................................................................................... 7 SECTION 7.00 - OTHER EMPLOYMENT ......................................................................................................... 7 SECTION 8.00 – GRIEVANCE PROCEDURE ................................................................................................... 8 SECTION 9.00 - ANNUAL VACATION LEAVE .............................................................................................. 12 SECTION 10.00 - SICK LEAVE.......................................................................................................................... 14 SECTION 11.00 - FAMILY LEAVE ................................................................................................................... 15 SECTION 12.00 - COMPASSIONATE LEAVE ................................................................................................ 16 SECTION 13.00 - MILITARY LEAVE............................................................................................................... 16 SECTION 14.00 - LEAVE OF ABSENCE .......................................................................................................... 16 SECTION 15.00 - JURY LEAVE ......................................................................................................................... 17 SECTION 16.00 – WORKERS’ COMPENSATION LEAVE ........................................................................... 17 SECTION 17.00 - OVERTIME ............................................................................................................................ 18 SECTION 18.00 - HOLIDAYS ............................................................................................................................. 19 SECTION 19.00 – TRAINING ............................................................................................................................. 20 SECTION 20.00 - ATTENDANCE ...................................................................................................................... 20 SECTION 21.00 - PAY PLAN .............................................................................................................................. 22 SECTION 22.00 - RETIREMENT PLAN ........................................................................................................... 23 SECTION 23.00 - BENEFITS .............................................................................................................................. 26 SECTION 24.00 – TEMPORARY UPGRADE PAY/WORK OUT OF CLASS.............................................. 27 SECTION 25.00 - NO DISCRIMINATION ........................................................................................................ 28 SECTION 26.00 - SALARY .................................................................................................................................. 28 SECTION 27.00 - BILINGUAL ASSIGNMENT................................................................................................ 28 SECTION 28.00 - WORK SCHEDULES ............................................................................................................ 29 SECTION 29.00 - HEALTH & SAFETY ............................................................................................................ 29 SECTION 30.00 - MISCELLANEOUS ............................................................................................................... 30 SECTION 31.00 - EMPLOYEE FITNESS PROGRAM .................................................................................... 30 SECTION 32.00 - LATERAL TRANSFERS/PROMOTIONAL OPPORTUNITIES .................................... 30 SECTION 33.00 - MILEAGE REIMBURSEMENT .......................................................................................... 32 SECTION 34.00 - TUITION REIMBURSEMENT ............................................................................................ 32 SECTION 35.00 – INCENTIVE PAY ................................................................................................................. 32 SECTION 36.00 – NO STRIKE CLAUSE .......................................................................................................... 33 SECTION 37.00 – LIUNA NATIONAL (INDUSTRIAL) PENSION FUND ................................................... 33 APPENDIX “A” .................................................................................................................................................... 36
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ProTech
July 1, 2023 through June 30, 2025
1 CITY OF MILPITAS AND MILPITAS PROFESSIONAL AND TECHNICAL GROUP (PROTECH), AN AFFILIATE OF LIUNA/UPEC LOCAL 792, AFL-CIO COMPREHENSIVE
MEMORANDUM OF UNDERSTANDING ON SALARIES, FRINGE BENEFITS, AND
WORKING CONDITIONS
July 1, 2023 – June 30, 2025
The authorized representatives of the City Council of the City of Milpitas, hereafter referred to as the "City" and the authorized representatives of the Milpitas Professional and Technical Group, hereafter referred to as the " Union" do jointly accept and agree to all the terms and conditions of employment set forth in this Comprehensive Memorandum of Understanding (MOU), pursuant to Section 15.13 of the Personnel Rules and Regulations of the City of Milpitas (as amended).
The term of this MOU is from July 1, 2023 through June 30, 2025. This Memorandum of Understanding shall apply to represented permanent and probationary employees hereafter referred to as “employee(s)” unless otherwise specifically indicated, assigned to those classes listed in the salary schedule set forth in Appendix “A” attached hereto. When classes are created which the City determines fall under the representation of the Union, this Understanding shall also apply.
Unless otherwise specifically amended by the terms of this MOU, any term or condition of employment previously known to and approved by the City (and not terminated by the City) remains as previously established.
SECTION 1.00 - EMPLOYEE RIGHTS
1.01 Any employee in the City's competitive service may join, organize or maintain membership in a labor organization if the employee so desires. The City neither encourages nor discourages these activities, nor does membership or non-membership in any labor organization affect the employee's standing or right as a City employee. The right to join, organize or maintain membership in a labor organization is also extended to any association of municipal employees not identified with any labor organization.
The right to join a labor union or any association of municipal employees also includes the right not to join. Any employee desiring to join, remain a member, or become independent of any such organization or association must be free to exercise their right without undue influence, coercion, intimidation or pressure of any kind from any person.
1.02 Maintenance of Membership:
Employees who are dues paying union members at the time of the signing of this contract, or become dues paying members during the term of the contract, shall remain dues paying members for the duration of the contract. Should the contract be expired, there shall be an annual opt-out period during the month of June each year.
1.03 City employees participating in organizational or other labor union activities or similar activities of any employee association are required to conduct such activities on their own time and not during regularly assigned working hours, with the following exceptions:
1.03.1 A steward representing or assisting a fellow employee in the presentation of a grievance may utilize such time as is essential for the presentation of the grievance to DocuSign Envelope ID: 262CE4BD-BB7E-4374-8649-5F6F5BD3C1E2
ProTech
July 1, 2023 through June 30, 2025
2 management during working hours; however, solicitation of grievances shall be on the steward and employee's own time.
1.03.2 Officials of any organization representing City employees may meet on City time with the City Manager or other City officials when such meeting times are approved by the City Manager.
1.03.3 Representatives of the Union, having business (other than recruiting of members) with the officers or individual members of the Union may meet and confer with such officers or members during the course of the working day for a reasonable period of time provided that permission is first obtained from the Department Head, and the employee's immediate supervisor, and further provided that the conduct of such business will in no way conflict with the performance of City business.
1.04 Use of work place or premises for organizational activities other than the presentation of a grievance or the conduct of business as provided for above, is permitted only after working hours, with the advance notice to the Department Head or City Manager and shall in no way interfere with the performance of official duties of on-duty personnel. Official bulletin boards may be used only for notice of meetings of any employee organizations and for no other organizational purpose. The City shall, however, provide space upon request at any City facility for a union or employee association furnished, installed and maintained bulletin board for posting of notices and bulletins and a magazine rack for the distribution of union or association literature.
1.05 Time off for Association Meetings/Trainings
The City shall provide annual paid release time for Association officers and members to conduct Association business such as negotiations, conventions, symposia, etc. excluding political activity, upon reasonable written notice to and prior approval by the appropriate department head.
Release time shall not result in overtime by an employee. These events shall include but are not limited to:
Event Personnel Time
Labor Negotiations Training 2 5 days
Health Benefit Meetings 2 4 hours
CalPERS Meetings 2 1 day
Association Conferences 1 5 days
Total 144 hours
1.05.1 In accordance with A.B. 119 (2017), every one (1) month, the City shall r emit all sums deducted to the Union. The City will share with ProTech the following information related to newly hired employees: the name, job title, work location, work, home, and personal cellular telephone numbers, personal email addresses on file with the City, and home address of all employees within their first pay period and will provide an accumulat ed total annual amount deducted per employee.
1.05.2 The City will notify the Labor Relations Representative of new hire orientations, so that the Union Representative may attend the orientation.
1.05.3 The City and Union agree to jointly identify current employees who previously worked in a limited-term capacity for more than 2 ,000 hours in any year prior to their full -time appointment.
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ProTech
July 1, 2023 through June 30, 2025
3 The affected employees will be credited for their prior years of service for the purposes of calculating vacation accruals.
SECTION 2.00 - CITY RIGHTS
2.01 The City continues to possess exclusively the rights listed below, plus all other rights to which by law the City is entitled. These rights may not be abridged or modified in any way, except by formal legislative action by the City Council (i.e., resolution or ordinance). The City has the right and may exercise its discretion:
2.02.1 To determine the mission of all constituent departments, commissions and boards.
2.02.2 To set standards of service.
2.02.3 To determine the appropriate levels of City services, except where defined in the MOU;
2.02.4 To take disciplinary action for just cause.
2.02.5 To determine the procedures and standards of selection for employment and the content of job classifications.
2.02.6 To organize and reorganize its departments and affairs, and to otherwise exercise complete control and discretion over its organization.
2.02.7 To relieve its employees from duty because of lack of work or other legitimate reasons.
2.02.8 To employ any appropriate means or method to maintain the efficiency of governmental operations and administration.
2.02.9 To determine the methods, means and personnel by which government operations are to be conducted.
2.02.10 To determine when an emergency exists and to take all necessary action to carry out its mission in emergencies, including recalling and deploying off-duty personnel and requiring that employees work overtime.
2.02.11 To exercise complete control and discretion over its organization and technology.
2.02.12 Except in case of emergency the City shall give written notice (30 days in advance of any contract with third parties which shall result in the lay-off, demotion, or transfer of any employee represented by the union) and shall meet and confer with the union regarding the same upon reasonable written notice.
2.02.13 To direct employees, make assignments and require overtime work.
2.02.14 To transfer or reassign employees, as outlined in the MOU.
2.02.15 To layoff employees by position as result of: elimination of positions through City Council resolution; lack of work; budgetary considerations (including without DocuSign Envelope ID: 262CE4BD-BB7E-4374-8649-5F6F5BD3C1E2
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4 limitation lack of funds or revenue downturn); reorganization; or other related reasons.
2.02.16 Any agreement between the City and the Union evidenced by a Memorandum of Understanding pursuant to Government Code Section 3500 et. seq. shall take precedence over any of the above enumerated employee and management rights; and that such a Memorandum of Understanding shall be honored in good faith during the life of this contract.
2.02.17 Any violation of the policies and procedures created by this MOU may be subject to disciplinary action as defined by this MOU.
2.02.18 The parties acknowledge that the City shall have the right to amend its personnel rules and regulations, personnel ordinances and resolutions, and employer-employee relations resolution during the term of the Memorandum of Understanding such rules and policies may be implemented after meeting and consulting, as appropriate, under the Meyers-Milias-Brown Act.
SECTION 3.00 - ADVANCE NOTICE AND APPEALS PROCEDURE
Except in cases of emergency as provided in this section, the City shall give reasonable written notice to each recognized employee organization affected by an ordinance, rule, resolution, or regulation directly relating to matters within the scope of representation including actions taken under City Rights that affect wages, hours and other terms and conditions of employment proposed to be adopted by the City and shall give such recognized employee organizations the opportunity to meet with City representatives.
SECTION 4.00 - DISCIPLINARY ACTION
The City may take disciplina ry action a gainst any Employee for just cause. The City recognizes the practice of progressive discipline; however, depending on the severity of the offense, the City may immediately impose more severe discipline.
4.01 Grounds for Discipline: Discipline may be imposed for just cause, including without limitation for the following grounds:
4.01.1 Fraud in securing appointment or falsification concerning records, fellow employees, or work performed.
4.01.2 Failure to perform satisfactorily the duties and responsibilities of an employee's position.
4.01.3 Neglect of duty.
4.01.4 Insubordination.
4.01.5 Reporting for or performing duty under impairment as a result of alcohol and/or drug use.
4.01.6 Dishonesty or misuse of, or misappropriation of City property and funds.
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5 function of an employee's position.
4.01.8 Unauthorized absence.
4.01.9 Non-observance of work hours, including tardiness, and abuse of sick leave privileges.
4.01.10 Discourteous or non-cooperative treatment of the public or other employees.
4.01.11 Conduct, either during or outside of duty hours, which is of such a nature that it causes discredit to the employee's department or the City.
4.01.12 Failure to abide by any condition of employment stipulated in the: Municipal Code; Personnel Rules and Regulations; any City or department policies or procedures; or Memoranda of Understanding approved by formal action of the Council.
4.01.13 Knowingly filing or pursuing a false charge.
4.01.14 Threats of violence or acts of violence towards fellow employees or members of the public in the workplace.
4.01.15 Abuse of any City and/or Department policies and procedures.
4.02 Pre disciplinary Procedures
4.02.1 Prior to taking any disciplinary action, as defined in Section 4.02.6, except for Section 4.03.1- Written Reprimand, against a permanent employee, the City shall notify the employee and Union in writing of the following:
(a) The proposed disciplinary action.
(b) The nature of the charges and/or violation of City ordinances, resolutions, written procedures, municipal code, or departmental regulations and policies.
(c) The reasons for the proposed action.
(d) The materials upon which the action is based.
(e) The opportunity of the employee to appear before a designated City representative and respond to the charges at a specified place and time.
(f) The right of the employee to be represented by an attorney or other representative at any disciplinary conferences or proceedings.
4.02.2 If the City representative determines that he or she cannot be impartial, or upon timely written request by the employee or the Union, the Human Resources Director or designee may hear the employee's response.
4.02.3 Any employee notified pursuant to 4.02.1 above who desires an opportunity to respond may do so by appearing at the appointed place and time. Said response may be oral or in writing. The employee is not entitled to an evidentiary hearing, and the sole purpose of the meeting shall be to hear the response of the employee to the DocuSign Envelope ID: 262CE4BD-BB7E-4374-8649-5F6F5BD3C1E2
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6 charges. The employee shall be entitled to representation, but shall not be entitled to present witnesses, unless the City determines that the presentation of witnesses is necessary.
4.02.4 In the event that the employee is unable to respond to the charges within the time permitted, and demonstrates the reasonableness of a continuance, the City may grant a continuance.
4.02.5 As soon as practical after the employee has had an opportunity to present a response, the City will notify the employee and the Union in writing of the nature and extent of the discipline, if any, and the time of commencement thereof. Said notification will also advise the employee of any right of appeal.
4.02.6 For the purposes of the application of the procedures outlined in sections 4.02.1 through 4.02.5, a disciplinary action shall be defined as a suspension from work, or an equivalent reduction in salary, demotion or discharge.
4.03 Disciplinary Action
4.03.1 Written Reprimand: Repeated violations or more severe misbehavior may require a more formal response by the supervisor to the employee. In this case the employee is provided with a written memorandum which outlines the violations being addressed and the expected actions to be taken by the employee in response to the memorandum. The written reprimand contains an indication of subsequent disciplinary steps to be taken in the event that the employee fails to respond appropriately. A copy of the written reprimand shall be placed in the employee's official personnel record.
4.03.2 The Human Resources Director shall remove a letter of reprimand from a personnel file based upon a written request submitted by the employee provided there has been no additional disciplinary actions during the subsequent thirty-six (36) months.
4.03.3 Suspension: In the event of more severe or repeated violations, the employee may be relieved of duty by the City for a specified period of time without pay. Such suspension shall not exceed thirty (30) calendar days and shall be subject to the procedures outlined in sections 4.02.
4.03.4 Reduction in Salary Range: In the event of more severe or repeated violations, the employee's salary may be reduced by the City within the range for the position held.
Such reduction in salary shall be subject to the procedure outlined in Section 4.02 Reduction shall be made on a permanent or temporary basis.
4.03.5 Involuntary Demotion: In the event of more severe or repeated violations, the employee may be reduced in rank and pay by the City. Such demotion shall be in conformance with Section 4.02 . Demotions shall be made on a perm anent or temporary basis.
4.03.6 Termination of Employment: The City may terminate the employment of an employee for more severe or repeated violations of the City or Department rules, DocuSign Envelope ID: 262CE4BD-BB7E-4374-8649-5F6F5BD3C1E2
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7 regulations, policies or procedures. Such termination shall be in conformance with Section 4.02.
4.04 Appeal of Discipline: An employee subject to disciplinary action as defined in section 4.02.6 may appeal the discipline pursuant to the grievance and arbitration process outlined in Section 8.00 of this MOU.
SECTION 5.00 - LAYOFF
5.01 Any layoff shall be according to seniority and the procedures defined in Municipal Code Section VI-102.
5.01.1 The City Manager, after review with the Department Head and the Human Resources Director, may lay off an Employee because of material change in duties, organization, or shortage of work or funds in the department or the City.
5.01.2 The Human Resources Director shall notify the affected Employee(s) in writing at least thirty (30) days in advance of the intended layoff and of their option to accept a voluntary demotion in lieu of layoff.
5.01.3 Employees laid-off or accepting demotions in lieu of layoff shall be placed on a Re-Employment List in inverse order of displacement for an appropriate Class for three (3) years.
SECTION 6.00 - RESIGNATION
An Employee wishing to resign in good standing shall file with the Department Head a written resignation at least two calendar weeks before the effective date of termination, stating the reasons for leaving. The resignation shall be forwarded to the Human Resources Director. Failure to comply with this requirement shall be entered in the service record of the Employee and may be cause for denying future employment with the City.
SECTION 7.00 - OTHER EMPLOYMENT
7.01 Employees may engage in other employment or business activity that does not conflict with the Employee's duties.
7.02 An employee's outside employment, activity or enterprise may be prohibited if it:
7.02.1 Involves the use for private gain or advantage of City time, facilities, equipment and supplies; or the badge, uniform, prestige or influence of the City office or employment.
7.02.2 Involves receipt or acceptance by the Employee of any money or other consideration from anyone other than the City for the performance of an act which the Employee, if not performing such act, would be required or expected to render in the regular course of hours of City employment or as a part of regular duties.
7.02.3 Involves the performance of an act, which may later be subject directly or indirectly to the control, inspection, review, audit or enforcement of any other Employee of the City, or has the potential for creating a conflict of interest.
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8 7.02.4 Involves such time demands as would reduce the Employee's efficiency or safe operation of equipment, such as sleep deprivation or physical exhaustion prior to start of employees shift. In no case shall the employee conduct non city business during City work hours.
7.03 Employees must obtain approval from their Department Head and the Human Resources Director of other employment or business activities in writing prior to engaging in such activities.
Disapproval of other employment may be appealed to the City Manager whose decision shall be final. Other employment notices shall be kept in the Employee's personnel file and maintained according to Personnel Rules Section 11.00.
7.04 Employees who engage in outside employment that is in conflict with their duties or who intentionally fail to submit a timely notice to engage in outside employment shall be subject to disciplinary action.
SECTION 8.00 – GRIEVANCE PROCEDURE
8.01. Definition
8.01.1 For the purposes of this section a “grievance” is any dispute which involves the interpretation or application of this Memorandum of Understanding (hereinafter “MOU”), or appeal of a formal disciplinary action. For the purposes of arbitration, a disciplinary action shall be defined in Section 4.02.6 of this MOU. Complaints or disputes in which a specific review is provided by law (i.e. OSHA, EEOC, DFEH) or by the City’s personnel rules, or reserved as city rights (except as provided in Personnel Rule Sections 15.05, 15.07) shall not be subject to the grievance procedure. If any party initiates litigation concerning a matter which is otherwise subject to the grievance process, the other party may (at their discretion) deem the litigating party as having elected court remedies and waived any rights under this grievance procedure. Performance appraisal reviews are not grievable.
8.01.2 A “grievant” is any Employee adversely affected by an alleged violation of the specific provisions of the MOU or a formal disciplinary action, or the Professional and Technical Group on behalf of more than one employee, adversely affected by an alleged violation of the specific provisions of the Memorandum of Understanding.
8.01.3 A “working day” is any day in which City Hall is open for business.
8.01.4 “Employee organization” is the Professional and Technical Group.
8.02 General Provisions
8.02.1 Every effort will be made by the parties to settle grievances at the lowest possible level.
8.02.2 Until final disposition of a grievance, the grievant shall comply with the directions of the grievant’s immediate supervisor.
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9 8.02.3 Documents dealing with the processing of a disciplinary grievance shall be filed in the personnel file of the grievant.
8.02.4 No party to a grievance shall take any reprisals against the other party to the grievance because the party participated in an orderly manner in the grievance procedure.
8.02.5 Failure of the grievant to adhere to the time deadlines shall mean that the grievance is withdrawn. The grievant and the City may extend any time deadline by written mutual agreement. Furthermore, if there is a mutual written agreement, the grievant may skip a step in the grievance process. The employee concerned shall be personally present at all stages of the grievance procedure unless that employee specifically waives the right in writing.
8.02.6 Every effort will be made to schedule meetings for the processing of grievances at times which will not interfere with the regular working day of the participants. If any grievance meeting or hearing must be scheduled during duty hours, any employee required by either party to participate as a witness or grievant in such meeting or hearing shall be released from regular duties without loss of pay for a reasonable amount of time. Overtime is not provided for off-duty time except for witnesses requested to testify by the City.
8.02.7 Either the City or the grievant may be represented at any step of the procedure by an individual of the party’s choice.
8.02.8 Any employee may at any time present grievances to the City and have such grievances adjusted without the intervention of the Association, as long as the adjustment is reached prior to arbitration and is not inconsistent with the terms of this MOU or the Personnel Rules.
8.02.9 The City and the employee organization may agree to consolidate grievances at any level.
8.03 Procedure
8.03.1 Employees must initiate a written grievance within twenty (20) working days following the occurrence, or knowledge of the events on which the grievance is based. Failure to do so will result in the employee being barred from advancing the grievance. A grievance, or a copy of the grievance, should be provided to the grievant’s supervisor, Department Head, and the Director of Human Resources.
8.03.2 Elements of a Grievance
The written grievance shall include:
(a) A description of the specific facts and grounds upon which the grievance is based including names, dates, and places necessary for a complete understanding of the grievance.
(b) A specific explanation of how the grievant has been adversely affected. (c) Listing of the provisions of the MOU which are alleged to have been violated.
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10 (d) A listing of specific actions requested by the grievant of the City which will remedy the grievance, including a specific dollar amount, and the basis for the dollar amount, of any alleged damages at issue, provided the employee has access to relevant financial data.
(d) A statement declaring self-representation or the selection of representation by the Association for said grievance.
(e) The printed name and signature of the grievant.
(f) The name, address and telephone number of the person(s) to whom notices may be sent regarding the grievance; and
(g) Date of grievance.
Grievances that fail to include these elements may not be considered or appealed unless the City waives this section.
8.03.3 Informal Resolution
It is the intent to deal with and settle grievances informally, at the nearest practical organizational level, and as promptly and fairly as possible. An employee who has a grievance shall first try to settle it through discussions with the employee’s immediate supervisor. The immediate supervisor shall respond within thirty (30) working days which may be extended ten (10) working days with notice to the grievant and/or the parties may by mutual agreement extend the time which is necessary to resolve the grievance. Any decisions rendered shall be consistent with the authority to do so. If the employee is not satisfied with the outcome of the informal resolution the employee may advance the grievance to Level I.
8.03.4 Level I – Department Head
If the employee is not in agreement with the informal decision rendered, he/she shall have the right to file a formal written appeal to the Department Head (with a copy to the Human Resources Director) within fifteen (15) working days after the date a decision has been rendered. The appeal shall include a copy of the written response(s) provided by the City during the informal step of this grievance procedure.
The appeal shall contain an explanation why the grievant believes the decision at the informal grievance step was unsatisfactory. The Department Head shall consider the grievance and submit a written response within fifteen (15) working days.
8.03.5 Level II – Human Resources Director
If the employee is not in agreement with the decision rendered by the Department Head, he/she shall have the right to file a formal written appeal to the Human Resources Director within ten (10) working days after the date a decision has been rendered at Level I. This appeal shall include a copy of the written grievance, the grievant’s appeal to Level I, and any written response(s) provided by the City during the prior steps of the grievance process. The appeal shall contain an explanation why the grievant believes the decision at Level I was unsatisfactory. The Human Resources Director shall consider the grievance and submit a written response within fifteen (15) working days.
8.03.6 Level III – City Manager
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11 If the employee is not in agreement with the decision rendered by the Human Resources Director, he/she shall have the right to file a formal written appeal to the City Manager within ten (10) working days after the date a decision has been rendered at Level II. This appeal shall include a copy of the written grievance, the grievant’s appeal to Level II, and any written response(s) provided by the City during the prior steps of the grievance process. The appeal shall contain an explanation why the grievant believes the decision at Level II was unsatisfactory. The City Manager shall consider the grievance and submit a written response within fifteen (15) working days. Unless the grievance is subject to arbitration (as defined herein), the City Manager’s decision is final.
8.03.7 Level IV– Arbitration
(a) If the matter is subject to arbitration as defined herein, and the grievant is not satisfied with the decision of the City Manager, the grievant may within fifteen (15) working days of the date of the decision submit a request in writing to the Human Resources Director that the grievance be submitted to arbitration. The grievant and the City shall attempt to agree upon an arbitrator. If no agreement can be reached, they shall request that the State Conciliation Service supply a panel of five (5) names of persons experienced in hearing grievances involving public employees. Each party shall alternately strike a name until only one (1) name remains. The remaining panel member shall be the arbitrator. The order of striking shall be determined by lot.
(b) If either the City or the grievant so requests, an arbitrator shall hear the merits of any issue raised regarding arbitrability of a grievance first. No hearing on the merits of the grievance will be conducted until the issue of arbitrability has been decided. If the issue of arbitrability is heard by an arbitrator and the arbitrator decides the underlying dispute is arbitrable, a different arbitrator shall hear the merits of the underlying grievance, if the City or the union so requests.
(c) The arbitrator shall, as soon as possible, hear evidence and render a decision on the issues or issues. If the parties cannot agree upon a submission agreement, the arbitrator shall determine the issues by referring to the written grievance and the answers thereto at each step. A certified court reporter shall record the entire arbitration hearing unless the parties mutually agree otherwise.
(d) The jurisdiction and authority of the arbitrator so selected and the opinions the arbitrator expresses will be confined exclusively to the interpretation of the express provision or provisions of the MOU. The arbitrator shall be without power or authority to make any decision that requires the City to do an act prohibited by law.
(e) Arbitrators shall have no authority to award back pay or other monetary relief extending more than forty (40) days prior to submission of the initial written grievance except in cases of grievance claims for incorrect pay.
(f) After a hearing and after both parties have had an opportunity to make written arguments, the arbitrator shall submit written findings and a decision, which is final and binding on all parties.
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12 (g) The fees and expenses of the arbitrator and the certified court reporter shall be shared equally by the City and the grievant, or employee organization, if the employee organization represents the grievant at the arbitration. Financial responsibility shall be confirmed prior to selection of an arbitrator. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other. A party requesting a transcript shall bear the cost thereof; or if each party receives a copy the cost will be shared equally.
(h) This grievance procedure is the exclusive remedy to resolve disputes as described herein.
SECTION 9.00 - ANNUAL VACATION LEAVE
9.01 All employees shall be entitled to paid annual vacation leave beginning at the end of the first six months of service with the City unless expressly authorized. However, vacation credits shall be accrued beginning with the date of initial appointment. Vacation is earned on an hourly basis. A day is defined as eight (8) work hours.
9.01.1 During the first through fourth years of service, vacation shall be computed at the rate of 11 working days per year.
9.01.2 From the fifth year of employment through the ninth year of employment, all covered employees shall accrue 16 prorated days of vacation leave for each year of service.
9.01.3 From the tenth year of employment through the fourteenth year of employment, all covered employees shall accrue 21 prorated days of vacation leave credit for each year of service.
9.01.4 From the fifteenth year of employment through the nineteenth year of employment, all covered employees shall accrue 26 prorated days of vacation leave credit for each year of service.
9.01.5 From the twentieth year of employment, all covered employees shall accrue 31 prorated days of vacation leave credit for each year of service.
9.02 Employees who work less than full time shall earn vacation credits on a pro-rated basis.
9.03 Each employee shall be required to have served the equivalent of one year of continuous service in the City in order to be eligible for the employee's full annual vacation leave, provided however, that after six months of continuous service the employee may be permitted to take vacation leave not to exceed forty (40) work hours.
9.04 The times during a calendar year at which an employee may take vacation shall be determined by the department head with due regard for the wishes of the employee and particular regard for the needs of the municipal service. If the requirements of the municipal service are such that an employee must defer part or all of his/her annual vacation in a particular calendar year, the appointing power shall permit the employee to take such deferred vacation during the following calendar year or allow the employee to cash out said vacation at his/her option, to the extent of the deferred portion.
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13 9.05 No employee may accumulate and carry -over a vacation balance in excess of 300 work-hours, without the express approval of the City Manager or designee. On the fi rst full pay period including June 1st, any hours above 300 will be cashed out in Pay Period 12. No employee shall be allowed to be on paid leave for a period of over three -hundred and twenty (320) consecutive work hours.
9.06 In the event one or more municipal holidays fall within an annual vacation leave, such holidays shall not be charged as vacation leave.
9.07 Upon separation from the service for any reason, an employee shall be compensated for all accrued vacation leave.
9.08 On or about December 1 of each year, each Department Head may circulate a vacation roster for the forthcoming calendar year. Employees are then encouraged to indicate vacation choices. On or about January 1 of each calendar year, the Department Head shall notify employees of the approved vacation calendar for the year. Approval shall be granted after the supervisor and Department Head give consideration to the employee's wishes and the needs of the City.
Employees may change vacation dates with the approval of the Department Head. In the event the needs of the City necessitate canceling of vacation scheduled for a minimum of 90 days in advance, which results in a financial loss to an employee, the City shall reimburse the employee the full amount of loss provided the employee demonstrates the impossibility of obtaining a refund and can document the amount of loss.
9.09 An employee may elect to cash out vacation leave accruals as either (1) a Future Vacation Leave Accrual Cash-out or (2) an Emergency Vacation Leave Cash-out, in accordance with the provisions below:
a) An employee whose annual vacation leave accrual is 120 hours or less, may elect to cash out a maximum of a maximum of forty (40) hours of accrued vacation per calendar year. b) An employee whose annual vacation balance exceeds one hundred and twenty (120) hours, may elect to cash out a maximum of eighty (80) hours per calendar year c) An employee who cashes out the maximum vacation accruals under the Future Vacation Leave Accrual provisions shall not be eligible for Emergency Vacation Leave cash-out in the same calendar year.
9.09.1 Future Vacation Leave Accrual Cash Out Eligibility a) The employee uses at least one full workday of paid vacation leave in the calendar year the election request is submitted
b) Between November 1st of each year through the end of the first full pay period in December, an employee wishing to cash out future vacation accruals in accordance with the provision above, may make a request by completing and submitting an Irrevocable Vacation Cash Out request form to the Director of Human Resources. Forms that are received after the first full pay period of December shall be ineligible for receiving the cash out the following calendar year.
c) Once the election is made, it is irrevocable, meaning the employees must cash out the elected number of accrued vacation hours during that calendar year. If the employee does not select a date to receive the cash out, the employee will be paid with the paycheck coinciding with the last pay period of the calendar year. d) The employee will select either pay period 7, pay period 13, pay period 19 or pay period 24 to receive the cash-out; however, in no circumstances can an employee receive DocuSign Envelope ID: 262CE4BD-BB7E-4374-8649-5F6F5BD3C1E2
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14 payment for future vacation accrual cash-out until the employee has actually accrued that number of vacation hours. For example, an employee earning 5 hours of vacation per pay period, who wishes to cash out 40 hours of vacation accruals, may receive their cash- out accrual any time after eight pay periods have passed. e) As a condition of applying for cash-out, an employee must consent to future payroll deductions (in accordance with Section 9.09.4 below) for necessary withholdings of required taxes.
f) All cash-outs of future vacation accruals will be included in an employee’s regular paycheck.
9.09.2 Emergency Vacation Accrual Cash-out
(a) An employee may request to cash-out vacation due to an unanticipated emergency that is caused by an event beyond the control of the employee and when the employee can demonstrate that it would result in severe financial hardship to the employee if early withdrawal were not permitted. Severe financial hardship to the employee includes:
i. Losses resulting from a sudden and unexpected illness or accident of the employee or of a qualified family member.
ii. Losses of the employee's prope rty due to casualty, or other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the participant.
iii. Losses that can be resolved through reimbursement or compensation by insurance or otherwise, liquidati on of the participant's assets , to the extent the liquidation of such assets would not itself cause severe financial hardship, or by cessation of voluntary deferrals to a 457 plan shall disqualify an employee from being eligible to receive Emergency Vacation Accrual Cash-out. iv. Or any other reason as allowable per the IRS.
(b) Emergency Vacation Accrual Cash -out shall be limited to the amount of leave necessary to address the nature of the emergency and shall not exceed the maximums identified if section
9.09 (a) through (c).
9.09.3 Vacation l eave may not be carried -over t o cash -out in subsequent years, except upon separation from City service.
9.09.4 The Union understands and agrees that employees have a responsibility to pay their taxes in accordance with IRS regulations. Therefore, any adjustments for prior taxes shall be deducted from an employee’s paycheck. The City shall provide the employee a fourteen (14) calendar day notice before taking any payroll deductions for this purpose. For amounts grea ter than $100, the employee may request the deductions be taken over a period of sequential pay periods, not to exceed eight (8) pay periods.
SECTION 10.00 - SICK LEAVE
10.01 Employees shall be granted paid sick leave credits beginning with date of original employment at the prorated rate of 12 days for each year of service. Employees become eligible to take accrued sick leave upon completion of one full month of continuous service. Employees may use CTO in lieu of sick leave. Sick leave shall not be considered as a privilege, which an employee may use at the employee's discretion, but shall be allowed only in case of necessity and actual sickness or disability. Medical or dental appointments may be charged against sick leave, but shall be limited to a maximum of four (4) hours per appointment and should be scheduled and approved in DocuSign Envelope ID: 262CE4BD-BB7E-4374-8649-5F6F5BD3C1E2
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15 advance. Approval of sick leave for appointments in excess of four (4) hours are subject to the discretion of the Division Head. The City Manager shall direct and enforce such administrative control as may be necessary to prevent abuse of sick leave privilege.
10.02 Employees who work less than full-time shall earn sick leave on a pro-rated basis.
10.03 For employees hired on or before July 17, 1999, the City agrees to pay an employee who is separating from the City in good standing with at least five (5) years of service an amount equal to 2-1/2% per year of service for unused accrued sick leave. The pay-out formula shall be: 2.5% x years of service x highest hourly rate x sick leave hours accrued. Good standing shall be based on the employee's overall work record and the decision of the Human Resources Director. (See Sections 22.04 and 22.04.1.)
10.03.1 . Sick leave cash out for existing employee’s “IRS Constructive Receipt”: Employees hired on or before July 17, 1999, with five or more years of service wishing to cash out future sick leave accruals may make a request by completing and submitting an Irrevocable Sick Leave Cash Out request form to the Director of Human Resources.
Forms will be accepted between November 1st of each year through the end of the first full pay period in December. Payout shall be in accordance with appropriate pay out formulas described in Section 10.03. However, the maximum annual amount shall not exceed 50% of employee’s sick leave balance. Employees eligible for this benefit shall at all times maintain a sick leave balance of at least 240 hours.
10.04 The City agrees to provide PERS Credit for Unused Sick Leave provision (20965). See MOU Section 22.04.1.
SECTION 11.00 - FAMILY LEAVE
11.01 Employees having available sick leave to their credit may draw upon such sick leave for family medical purposes when a member in the employee's immediate family is involved.
11.01.1 As defined for the purpose of this section, family medical purposes shall be construed to mean illness, accident, medical appointments or other related occurrences.
11.01.2 Spouse shall include registered domestic partner.
11.01.3 Immediate family is defined to include: spouse, parent, child, sibling, grandparent, grandchild, domestic partner, and foster children (including step, adoptive, or in-law relatives).
11.01.4 Each employee shall be allowed to use a maximum of eighty (80) hours of accrued sick leave per calendar year for this purpose. Additional leave may be granted in unusual circumstances by the Human Resources Director.
11.01.5 In addition, each employee shall be allowed to use fourteen (14) days of accrued sick leave for birth or adoption of a child.
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16 SECTION 12.00 - COMPASSIONATE LEAVE
12.01 The City agrees to provide compassionate leave due to the death of a member of the employee’s immediate family not to exceed one week (40 hours). Compassionate leave shall be used within 1 year from the date of the death unless otherwise authorized by the City Manager. An employee shall not be eligible to take compassionate leave during their last 40 hours of employment nor after they have submitted their resignation or notice of retirement.
12.02 Immediate family is defined to include: spouse, parent, child, sibling, grandparent, grandchild, domestic partner, and foster children (including step, adoptive, or in-law relatives).
12.03 Salary paid during this leave is not deducted from any leave balance. Additional leave may be granted in special circumstances by the City Manager or designee.
12.04 In special circumstances, the City Manager or designee may allow an employee to utilize compassionate leave for individuals who are not members of the employee’s immediate family.
SECTION 13.00 - MILITARY LEAVE
13.01 Military leave shall be granted, in accordance with the provisions of State and Federal Law.
Employees entitled to military leave shall give the City an opportunity within the limits of military regulations to determine when such leave shall be taken.
SECTION 14.00 - LEAVE OF ABSENCE
14.01 The Human Resources Director may grant a Permanent Employee a leave of absence one time per calendar year without pay not to exceed one year. Leave shall be considered upon written request of the Employee.
14.01.1 Human Resources Director shall consider the recommendation of the Department Head, departmental workload, the best interests of the City, the Employee's duration of employment, the Employee's performance record, and the reason for the leave.
14.01.2 Any Permanent Employee with a non-work-related injury or medical condition who has exhausted all sick leave may request a leave of absence with a doctor's certificate.
At the City's discretion and expense, the City at any time may require a medical exam at a facility selected by the City.
14.01.3 On leave without pay status, Employee shall not earn any employment benefits (including, but not limited to, such benefits as vacation leave, medical benefits, sick leave, retirement benefits, credit for time employed or seniority entitlements of any kind) for the period of such status. It is the intent of this subsection that one on leave without pay status is deemed unemployed for the period of such status in terms of earning benefits.
14.01.4 The City Manager may authorize continuation of the employee's elected medical and/or dental coverage for all or part of the duration of leave without pay. This shall be done only in extraordinary circumstances and when it is deemed to be in the best interest of the City.
DocuSign Envelope ID: 262CE4BD-BB7E-4374-8649-5F6F5BD3C1E2
ProTech
July 1, 2023 through June 30, 2025
17 14.02 A Department Head shall have the authority to approve an unpaid leave not to exceed 160 work hours per fiscal year.
14.03 Nothing herein shall preclude an employee from waiving in writing the right to reinstatement as a condition to approval for a leave of absence. Any employee who waives the right may be reinstated in accordance with the City's Personnel Rules & Regulations as if they had been subject to a reduction in force, except that they shall be placed at the bottom of a reemployment list for any position for which they qualify.
SECTION 15.00 - JURY LEAVE
15.01 When called to serve on a jury, an employee shall be given leave with pay to do so subject to these conditions:
15.01.1 The employee shall notify the Department Head immediately upon receipt of the notice to serve; and
15.01.2 Any payment received by the employee while on jury leave for serving on the jury shall be remitted to the City, except for mileage allowance and out-of-pocket expenses.
SECTION 16.00 – WORKERS’ COMPENSATION LEAVE
16.01 Employees unable to work because of a work-related illness or injury are eligible for workers’ compensation leave, provided that the Employee has notified superiors of the illness or injury and the claim has not been denied by the Human Resources Director or workers’ compensation insurance administrator authorized by the City.
16.02 For all Employees, workers’ compensation leave per incident, shall be paid up to a maximum of 320 hours according to the following table:
HOURS SALARY RATE
First 80 @ 100%
Next 240 @ 80%
This leave shall cover all time off from work related to the injury, including doctor's appointments and therapy treatments, provided that said hours do not exceed available workers' compensation leave. Following a maximum of 320 hours of workers' compensation leave, the City shall discontinue direct workers' compensation payments to the employee. This benefit shall be prorated based on the budgeted position. An employee may apply separately for long-term disability insurance, which becomes effective after 320 hours of workers' compensation.
Any employee sustaining such injury or disability may be entitled to compensation to the extent provided by the State Workers' Compensation Insurance Act. An employee who is on an approved Workers’ Compensation leave, may utilize their leave accruals to integrate pay so as to receive one hundred percent (100%) of their pay for the time they would have been normally scheduled to work. An employee who has exhausted eligible workers' compensation leave are required to utilize available leave accrual balances (such as sick, vacation, comp time, etc.) to cover any period of unpaid absences.
DocuSign Envelope ID: 262CE4BD-BB7E-4374-8649-5F6F5BD3C1E2
ProTech
July 1, 2023 through June 30, 2025
18 16.03 An Employee returning from a work-related injury shall submit a medical release by a medical practitioner indicating the employee is able to perform the essential job functions with or without restrictions. If the employee is cleared to return to their position without restrictions, the employee shall return to their previously held position. If the employee has medical restrictions, the City shall schedule a meeting with the employee to engage in the interactive process to determine if the restrictions can be accommodated.
16.04 Injured Employees designated Maximum Medical Improvement (MMI) or accepted into a Supplemental Job Displacement Plan and unable to return to their prior occupations may be involuntarily terminated or retired.
SECTION 17.00 - OVERTIME
17.01 Employees who work more than a standard forty (40) hour workweek shall be compensated as follows:
17.01.1 All overtime shall be compensated at the rate of time and one-half pay or the equivalent in compensatory time off (CTO) in lieu of overtime pay.
17.01.2 In the event the City requires the employee to work overtime, overtime pay or accrual of CTO shall be at the discretion of the employee. However, the determination as to whether overtime pay or CTO shall be taken must be made by the employee at the time the “Request for Additional Pay” form is submitted to the supervisor for signature. Usage of CTO shall be scheduled at the convenience of the City and may be used in the same manner as vacation leave.
17.01.3 A minimum of three hours pay or its equivalent in compensatory time off, at the rate of time and one-half, to be taken at the convenience of the city shall be guaranteed for any employee who, after leaving the employee's place of duty, is required to return to work.
17.01.4 Employees who work less than eight (8) minutes beyond their normal work hours shall not receive overtime.
17.01.5 Overtime occurring on a paid City holiday shall result in pay or CTO at the rate of time and one half in addition to base pay.
17.01.6 CTO may be accrued by the employee throughout the year. However, the accrued hours may not exceed one hundred and sixty hours (160) as of the last day of the pay period including June 1st. Hours in excess of o ne hundred and sixty (160) hours o n t hat date shall be cashed out in Pay period 12 so the employee’s CTO accrual bank is reduced to one hundred and sixty (160) hours.
17.01.7 Any paid accrued leave, specifically sick leave, vacation leave, compensation leave, or compensatory time off, taken by an employee during any work week shall be counted as hours worked for the purpose of calculating overtime.
17.01.8 If a Building Inspector, Public Works Inspector or Housing and Neighborhood Specialist is required to work overtime which extends past 12:00 a.m., the employee DocuSign Envelope ID: 262CE4BD-BB7E-4374-8649-5F6F5BD3C1E2
ProTech
July 1, 2023 through June 30, 2025
19 will not be required to report to their next regular scheduled shift until eight (8) hours after the completion of the overtime. The employee shall be paid from the beginning of their regular scheduled shift.
SECTION 18.00 - HOLIDAYS
18.01 The following shall be paid holidays for the City of Milpitas employees:
1. January 1 (New Year's Day)
2. Third Monday in January (Observance of Dr. Martin Luther King Jr.'s Birthday)
3. Third Monday in February (Observance of President Washington's Birthday)
4. March 31 Cesar Chavez Day
5. Last Monday in May (Observance of Memorial Day)
6. July 4 (Independence Day)
7. First Monday in September (Labor Day)
8. November 11 (Veteran's Day)
9. Thanksgiving Day
10. Day after Thanksgiving
11. Christmas Eve
12. Christmas Day
13. One Floating Holiday1
18.01.1 In the event a holiday falls on a Sunday, the following Monday shall be the holiday instead.
18.01.2 In the event a holiday falls on a Saturday, the preceding Friday shall be the holiday instead.
18.01.3 A holiday is defined as eight (8) regular work hours.
18.01.4 Any other holiday declared by the City Council as a City Holiday for City employees.
18.01.5 For other than five (5) day workweeks, any workweek which includes one or more holidays shall be reduced in hours commensurately. The number of days worked during the workweek shall be subject to the approval of the Department Head.
18.02 Where one of these holidays falls on a working day, employees shall be granted the day off with pay and City offices shall be closed except for such municipal services that must be maintained on an around-the-clock basis seven days a week. Employees who work less than full time shall be entitled to credit for paid holidays on a pro-rated basis. Employees required to perform their regular duties on a holiday shall be granted pay or compensatory time off, at the rate of time and one-half in addition to base salary. For the purposes of this section a holiday shall be deemed to begin and end at 12 midnight.
18.03 Employees shall be permitted to take Good Friday as a vacation day by submitting a written request at least two weeks in advance to the supervisor.
1 Each employee shall receive one "Floating Holiday" every calendar year. The Floating Holiday will become effective the first day of January or on the date of hire. Floating Holiday must be used during the calendar year accrued. Prior approval must be received in order to utilize the Floating Holiday.
DocuSign Envelope ID: 262CE4BD-BB7E-4374-8649-5F6F5BD3C1E2
ProTech
July 1, 2023 through June 30, 2025
20 18.04 In addition to the recognized holidays, City Hall and sele cted operation will be closed to t he public during the period beginning from the Christmas Eve holiday through the New Year’s Day holiday.
Essential services including, but not limited to Police and Fire, will continue to operate and certain events will be held as scheduled. Department Directors will determine which services and facilities will remain open. The MOU’s provide that when a holiday falls on a Saturday, it is recognized on the preceding Friday, and when a holiday falls on a Sunday it is rec ognized on a Monday. When the rec ognized holidays of Christmas Eve and Christmas fall or New Year’s Eve and New Year’s Day fall on a Fri day and Saturday, the holidays shall be recognized on Thursday and Friday of that week. When the recognized holidays of Christmas Eve and Christmas fall or New Year’s Eve and New Year’s Day fall on the Sunday and Monday, the holidays shall be recognized on the Monday and Tuesday of that week.
As this period of time is generally a slower time for conducting business and many employees enjoy taking this time off, it is an ideal time to clos e. However, we also understand that there are some employees who will want to work and some employees that will need to work, depending on the needs of the City and the employee’s posi tion. For instance, an employee f rom Finance and HR will be wor king on at least one of those days, possibly two to work on payroll.
City employees may participate in the Holiday Break on a voluntary basis. If employees prefer to work, they are to notify their supervisor in advance to ma ke arrangements for an assignm ent. Employees may be assigned to perform work outside of their usual assignment and possibly outside of their department.
Employees will be permitted to work during this period of time, ta ke vacation, compensatory time off or take leave without pay depending on the business needs of the City.
All requests to take time off will need to be approved by the Department Head as they will need to determine the business needs of the City.
The con tinuation of the holiday closure i s subject to the sole discreti on of t he City Council. As City Council members change, the parties reco gnize the decision to continue the holiday closure period may also change. The City will give a 14- day notice of any such change.
SECTION 19.00 – TRAINING
19.01 If an employee is directed to participate in a training program, which is related to their job, the City shall provide compensation for the following:
19.01.1 Regular wages for time away from the job (if during working hours);
19.01.2 Overtime or compensatory time off whenever an employee’s combined training time and work time exceeds forty (40) hours in a workweek;
19.01.3 Cost of tuition and/or registration for the training;
19.01.4 Reimbursement for authorized transportation cost to and from the training. (i.e., mileage reimbursement if an employee uses their personal automobile as allowed by the City. However, if employees car-pool to a training session, only the employee who is the owner of the automobile shall be entitled to mileage reimbursement).
19.02 Participation in and successful completion of training course may be considered in making employment advancements and promotions.
DocuSign Envelope ID: 262CE4BD-BB7E-4374-8649-5F6F5BD3C1E2
ProTech
July 1, 2023 through June 30, 2025
21 SECTION 20.00 - ATTENDANCE
20.01 General
Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays and leaves.
20.02 Unauthorized Absence
20.02.1 An employee whose absence is not authorized shall not receive pay or benefits for the absent period and shall be subject to discipline. Failure on the part of the employee absent without leave to return to duty shall be grounds for discharge. It shall be the responsibility of an employee absent without leave to notify the Department Head of the reason the employee is absent and of the employee's availability for duty.
20.02.2 Except in emergency situations when an employee is physically unable to do so, an employee shall report absence at or prior to the beginning of shift to the supervisor or higher authority. Failure to do so may result in an unauthorized absence.
20.03 Breaks
Employees shall be entitled to the privilege of two 15-minute breaks during each standard workday.
20.04 Responsibility to Maintain Service
No employee shall schedule a break at such time as to leave the office in which the employee works unstaffed.
20.04.1 Persons whose responsibility includes public contacts shall advise a responsible person in their office before leaving for a break.
20.04.2 Persons alone in an office should leave a sign on the door, lock the door, and advise the receptionist before leaving for a break, in order to ease the handling of incoming phone calls and customers that call at the office.
20.05 Limitations for Breaks
20.05.1 For workdays from 8:00 a.m. to 5:00 p.m., the morning break shall be taken between 9:30 a.m. and 11:00 a.m., and the afternoon break shall be taken between 2:30 p.m. and 4:00 p.m.
20.05.2 For irregular workdays, breaks shall be taken after the first one- and-one-half hours and before the last hour of each half shift.
DocuSign Envelope ID: 262CE4BD-BB7E-4374-8649-5F6F5BD3C1E2
ProTech
July 1, 2023 through June 30, 2025
22 SECTION 21.00 - PAY PLAN
21.01 Advancement shall be based on satisfactory performance and increased service value of an employee to the City as exemplified by the recommendations of the supervising official, length of service, performance record, special training undertaken or other pertinent evidence. No step advancement shall be made so as to exceed the maximum rate established in the pay plan for the class of to which the advanced employee's position is allocated.
21.02 In administering the Pay Plan, the following rules shall be observed:
21.02.1 Step “A” is the minimum rate for a position and shall be the hiring rate for said position. Initial appointment at a rate higher than Step “A” may be made in the case of an unusually well qualified person or where other special conditions warrant, but only with prior approval of the City Manager.
21.02.2 Step “B” represents an incentive adjustment. An employee shall be eligible for Step “B” only after completion of one year from the date of employment on recommendation from the Department Head and approval of the City Manager.
21.02.3 Step “C” represents the rate at which a qualified and experienced employee should be paid after a reasonable period of service. An employee shall become eligible for Step “C” only after he/she has proven himself/herself satisfactory in the given classification for a period of at least one year after completion of his/her probationary period, upon recommendation of the Department Head and approval of the City Manager.
21.02.4 Step “D” represents an incentive adjustment for satisfactory performance and increased effectiveness. An employee shall become eligible for. Step “D” after completion of one year at Step “C” upon recommendation of the Department Head and approval of the City Manager.
21.02.5 Step “E” represents an incentive adjustment for increasingly satisfactory performance. An employee shall be eligible for Step “E” after completion of one year at Step “D” upon recommendation of the Department Head and approval of the City Manager.
21.02.6 Employees who have demonstrated outstanding ability may be advanced to the next higher step prior to completion of one year's service at the current step upon recommendation of the Department Head and approval of the City Manager.
21.02.7 Merit increases shall be effective the first full pay period following an employee’s eligibility for step increases.
21.03 Performance Appraisal Review - Performance appraisals are an important personnel tool, and the City should endeavor to make them promptly.
21.04 The City shall evaluate employee’s annually from their date of hire or the date they entered their classification. The classification date shall supersede the hire date. In any case, an employee must be evaluated at the completion of probation, be it initial, or as a result of promotion. If an employee does not receive a performance appraisal on the date it is due and is not at the top step of the salary range for his/her classification, the Human Resources Department shall process the DocuSign Envelope ID: 262CE4BD-BB7E-4374-8649-5F6F5BD3C1E2
ProTech
July 1, 2023 through June 30, 2025
23 forms necessary to advance the employee to the next step in the pay range effective the first pay period following the anniversary date. Supervisors must complete a Performance Appraisal Review on a timely basis if they intend to withhold a step advancement for the employee.
If a supervisor subsequently finds that the employee was entitled to a step increase (under this Section) as of that due date, and did not receive it, the step increase shall become effective retroactively as of the due date of the performance appraisal.
If an employee does not receive a performance appraisal within 30 working days after it is due the employee shall have the right to file a grievance. The contents of the “PAR” are not grievable. Grievances are to be conducted under the rules of Section 8.00 of this MOU.
21.05 Salary Following Promotion
Employees receiving a promotion shall receive at least a 5% increase in salary unless limited by the maximum salary range.
21.06 In the event an employee receives overpayment by the City, the employee shall reimburse the City for the total overpayment. Typically, such repayment shall occur over a schedule equal to the amount of time over which the overpayment occurred, and the City may obtain reimbursement by payroll deduction. However, at the employee's request, the City may extend such repayment over a longer period, to be determined by mutual agreement of the employee and the Finance Director.
21.07 "Y" Rate Policy: Whenever an employee would sustain an actual decrease in salary as a result of downward reclassification or reorganization within an existing department unit, without fault or inability on the part of the employee, the City Council shall adopt a "Y" rate to apply only to the employee so affected. A "Y" rate is defined as a monthly salary rate for an individual employee, which is greater than the established range for the employee's class. An employee for whom a "Y" rate is established shall not receive any increase in salary until such time as the employee's rate of compensation is within the established range for the employee's class. An employee who accepts a reassignment to a lower paid position in-lieu of layoff, shall not be "Y" rated.
SECTION 22.00 - RETIREMENT PLAN
22.01 The City will provide the 2% @ 62 CalPERS retirement plan based on the highest 3 year annual average pensionable compensation, depending on the eligibility of the new hires, for employees hired on or after January 1, 2013. Employee shall be responsible for the employee portion of the contribution to PERS retirement.
22.02 The City will provide the 2% @ 60 CalPERS retirement plan based on the highest 3 year annual average pensionable compensation to all new hires (Section 20475: Different Level of Benefits Provided for New Employees) hired on or after October 9, 2011 the date that the PERS ordinance was adopted by the City Council. Employees shall be responsible for the employee portion of the contribution to PERS retirement.
22.03 For employees hired before October 9, 2011, the City agrees to continue the 2.7% @ 55 Public Employees’ Retirement System (PERS) retirement benefit for the term of this contract, including the final year compensation amendment and 1959 Survivors Benefit in full force and effect.
DocuSign Envelope ID: 262CE4BD-BB7E-4374-8649-5F6F5BD3C1E2
ProTech
July 1, 2023 through June 30, 2025
24 Effective July 1, 1995, the City agrees, as allowed under Internal Revenue Code Section 414(h)(2), the implementation of the Public Employees' Retirement System (PERS) “Pick-Up” program (TDMC) as outlined in PERS Circular Letter 100-364. In completing the conversion to the IRS 414 (h) (2) program, the increase in salary was calculated on the employee's base salary.
Effective the first full pay period including July 1, 201 6, in addition to paying the employee PERS contribution rate to the Miscellaneous Plan, employees will pay 1.0% of PERSable salary toward the employer PERS contribution rate on a pre-tax basis.
Effective the first full pay period including July 1, 2017, employees will no longer contribute toward the employer PERS contribution rate.
22.04 Upon retirement, disability retirement, or death, for those employees who were hired on or before July 17, 1999, and who had at least five (5) years of service, the City shall pay the separating employee or his or her estate, for unused accrued sick leave. The amount paid shall be equal to
2.5% per year of service for unused accrued sick leave. The pay-out formula shall be: 2.5% x years of service x highest hourly rate x sick leave hours accrued.
22.04.1 Upon retiring with PERS, all employees shall be eligible for the PERS Credit for Unused Sick Leave provision (20965) of the City’s PERS Retirement plan. Employees hired on or before July 17, 1999, may elect either the payout formula in Section 10.03 or the PERS Credit for Unused Sick Leave plan.
22.05 For the purpose of this section, an employee who is retiring is one who has submitted an application for retirement to the Public Employees Retirement System (PERS).
22.06 Retiree Medical
22.06.1 For permanent employees hired before July 1, 1995, and retired between July 1, 1990 and September 1, 2002, who had at least five (5) years of service in the City of Milpitas, the City agrees to pay any single, medical premium rate, as long as the retiree maintains enrollment in one of the eligible health plans.
22.06.2 For permanent employees hired before July 1, 1995, and retired after September 1, 2002, who had at least five (5) years of service in the City of Milpitas, the City agrees to pay up to the single, medical premium rate (at a rate no higher than any single plan paid by City for active employees), as long as the retiree maintains enrollment in one of the eligible health plans.
22.06.3 For permanent employees hired on or after July 1, 1995, and retiring on or after September 1, 2002, the City agrees to pay up to the single, medical premium rate (at a rate no higher than any single plan paid by City of active employees), as long as the retiree maintains enrollment in one of the eligible health plans and shall be subject to the following provisions with respect to the retirement benefits:
(a) Upon completion of the fifth through the ninth year of service with the City of Milpitas, and upon retirement, the City shall provide 25% of the medical insurance premium payment for the employee only, as long as the employee remains in one of the City sponsored eligible health care programs.
DocuSign Envelope ID: 262CE4BD-BB7E-4374-8649-5F6F5BD3C1E2
ProTech
July 1, 2023 through June 30, 2025
25 (b) Upon completion of the ninth year, this payment of the retiree's medical insurance shall increase to 50%.
(c) Upon completion of the fourteenth year, this payment of the retiree's medical insurance shall increase to 75%.
(d) Upon completion of the nineteenth year, this payment of the retiree's medical insurance shall increase to 100%.
(e) Once any retiree becomes Medicare eligible, City shall pay up to the appropriate Medicare rate per the above sections.
(f) Retirees may elect to continue coverage for a dependent under the retiree dependent health care fund provided that the dependent is covered by the group plan at the time the employee retires and maintains enrollment as set forth in Section 22.06.2.
22.07 Retiree Dependent Health Care
22.07.1 The Retiree Dependent Health Care Fund
Each year, the City will contribute 1% of payroll with benefits to a fund to be used to help pay the medical premiums of retirees' dependents (the “Fund”). The City’s annual 1% of payroll with benefits contribution shall be recalculated each year based on ProTech’s payroll as of the last full pay period in June. The City will annually deposit this amount in the Fund by the end of August.
The City will annually present a report to the ProTech president indicating the City’s annual contribution, the total dollars in the Fund, and a brief description of how and the extent to which the 1% was used in the previous fiscal year to pay for the medical premiums of retirees’ dependents. The City will use this report to set retiree dependent contribution rates. The City will also prepare projections for the following fiscal year for contributions and expenditures. The Human Resources Director and ProTech president will meet to discuss corrective measures so the fund does not deplete or end with a negative balance before the next year’s contributions is due.
22.07.2 Contributions From the Fund toward Retiree Dependent Premiums
Contributions from the Fund toward the medical premiums of retirees’ dependents shall be as follows:
(a) For permanent ProTech employees hired before July 1, 1995, and retired on or after December 5, 2006 (City Council adoption), who have at least five (5) years of full-time or equivalent service with the City of Milpitas, the City agrees to pay from the Fund up to the family medical premium rate (at a rate no higher than any family plan paid by the City for active employees), as long as the retiree maintains enrollment in one of the eligible health plans.
(b) For permanent ProTech employees hired on or after July 1, 1995, and retired on or after December 5, 2006 (City Council adoption), who have at least five (5) years of full-time or equivalent service with the City of Milpitas; the City DocuSign Envelope ID: 262CE4BD-BB7E-4374-8649-5F6F5BD3C1E2
ProTech
July 1, 2023 through June 30, 2025
26 agrees to pay from the Fund up to the family medical premium rate (at a rate no higher than any family plan paid by the City for active employees), as long as the retiree maintains enrollment in one of the eligible health plans and shall be subject to the following provisions with respect to the retirement benefits:
(1) Upon completion of the fifth through the ninth year of service, and upon retirement, the City agrees to provide 25% of the medical insurance premium payment from the Fund for the retiree dependent, as long as the employee remains in one of the City sponsored eligible health care programs.
(2) Upon completion of the ninth year, this payment of the retiree's dependent medical insurance shall increase to 50%.
(3) Upon completion of the fourteenth year, this payment of the retiree's dependent medical insurance shall increase to 75%.
(4) Upon completion of the nineteenth year, this payment of the retiree's dependent medical insurance shall increase to 100%.
(5) Once any dependent becomes Medicare eligible, the City agrees to pay from the Fund up to the appropriate Medicare rate per the above sections.
22.07.3 In no case will the City be required to place funds in the Fund above the 1% of payroll with benefits amount. If funds are depleted before the next year's City contribution is due, dependent medical premiums will be the responsibility of the retiree and/or dependent. If less than 1% of payroll with benefits is used in a given year for the medical premiums of retirees’ dependents, the remainder shall remain in the Fund and may be used in future years to supplement the City’s annual 1% of payroll with benefits contribution if this contribution is insufficient in a given year to make all the payments set forth in 22.06.2 above.
SECTION 23.00 - BENEFITS
23.01 The City shall provide active employees the CalPERS medical insurance for health benefits. The total monthly health benefit per employee shall be based on the Kaiser rates for emp loyee, employee + 1, and family pla n. Only employees who have el igible d ependents shall be compensated above the single rate plans.
23.01.1 The City reserves the right to discontinue offering any of the medical plans due to any of the following:
(a) The plan imposes exorbitant costs upon the City;
(b) The health care carrier refuses to provide services to the City; (c) The health care provider no longer offers the services; or (d) The health plan is discontinued.
23.01.2 If the City discontinues use of CalPERS health care, to the extent possible, the City will provide similar services.
DocuSign Envelope ID: 262CE4BD-BB7E-4374-8649-5F6F5BD3C1E2
ProTech
July 1, 2023 through June 30, 2025
27 23.01.3 The City will provide a life insurance policy in the amount of $50,000.00 for each full-time member of the Association.
23.01.4 The City shall provide a Short Term Disability Plan with the current benefit level for the term of Agreement.
23.01.5 The City shall provide a Long Term disability with the current benefit level for the term of Agreement.
23.01.6 Payroll deductions for benefit costs above the City benefit contribution shall be permitted, provided that the City shall not assume unreasonable administrative costs.
23.01.7 Employees who are covered as an eligible dependent under another health insurance plan may waive health coverage and receive a total of two hundred and fifty dollars ($250.00) per month, pro-rated over twenty-six (26) pay periods. Employees who wish to waive health insurance coverage must complete the City of Milpitas’ “Health Insurance Waiver” indicating they agree to abide by the terms and conditions of the waiver.
23.01.8 ProTech agrees to discuss a “cafeteria style” benefit plan upon request of the City.
23.01.9 Effective February 4, 2015, the City will pay seventy-five dollars ( $75) per month toward deferred compensation for each member. The City’s payments will be pro- rated over twenty-six (26) pay periods per year.
23.02 Benefit Contribution – Regular Part-Time Employees: The City agrees to contribute monthly premiums for medical, dental and life insurance in an amount to reflect hours budgeted, pro-rated against the amount contributed for full time employees. For example, half-time employees may elect to take any or all of the benefits and the City and the employee will both pay 50% or half of the elected benefit cost(s). The City agrees to provide short-term disability and long-term disability insurance benefits, at the current benefit level for the term of Agreement.
SECTION 24.00 – TEMPORARY UPGRADE PAY/WORK OUT OF CLASS
24.01 The City agrees that upon specific written assignment by the Department Head, or the designated representative, an employee may be required to assume the duties, responsibilities, authority and accountability of a higher classification.
24.02 Employees assigned to duties of a higher class for at least sixteen (16) hours to work in an out-of- class capacity with fully upgraded duties or classification (100%) shall qualify for Temporary Upgrade Pay. Employee shall be compensated at least 5% more than their salary or at the entrance step of the range of the higher classification, whichever compensation pattern is greater except where such increase exceeds the pay range allocated to the assigned position. The employee shall be compensated at the appropriate rate retroactive to the start of the assignment.
If an individual is placed into an out of class position that is vacant and during a recruitment the hours in this position cannot exceed 960 hours.
Any employee who has satisfactorily served in a temporary capacity for a minimum of three months, and is selected for a permanent appointment to the same class by the appointing DocuSign Envelope ID: 262CE4BD-BB7E-4374-8649-5F6F5BD3C1E2
ProTech
July 1, 2023 through June 30, 2025
28 authority, with the Department Head with City Manager approval, may receive credit towards completion of the probationary period up to the duration of the temporary appointment.
24.03 An employee seeking additional training in another class may waive his/her right to work out of class pay in order to pursue desired training.
SECTION 25.00 - NO DISCRIMINATION
The City of Milpitas has a zero tolerance policy to discrimination and/or harassment in the workplace.
Discrimination against or harassment of an applicant or employee by a supervisor, management employee, co-worker, contractor or other third party with whom the applicant or employee comes into contact with on any legally-protected basis (e.g., race, color, religion (including dress and religious grooming), religious creed, sex (including pregnancy, childbirth, breastfeeding and related medical conditions), gender, gender identity (including transgender identity), gender expression, national origin, ancestry, physical and/or mental disability, medical condition, genetic information, marital status, victim of domestic violence, age, sexual orientation, denial of medical and family care leave, or military and veteran status) is strictly prohibited and will not be tolerated.
25.01 The Association shall not restrict its membership in regard to any legally-protected basis (e.g., race, color, religion (including dress and religious grooming), religious creed, sex (including pregnancy, childbirth, breastfeeding and related medical conditions), gender, gender identity (including transgender identity), gender expression, national origin, ancestry, physical and/or mental disability, medical condition, genetic information, marital status, victim of domestic violence, age, sexual orientation, denial of medical and family care leave, or military and veteran status) is strictly prohibited.
SECTION 26.00 - SALARY
26.03 July, 2023 Salary Schedule Increase: Effective July 1, 2023, the July 2023 Salary Schedule shall be increased by 4%. This shall be the July 2023 Salary Schedule.
26.04 July, 2024 Salary Schedule Increase: Effective with the first full pay period in July 2024, the July 2024 Salary Schedule shall be increased by 4%. This shall be the July 2024 Salary Schedule
26.05 The monthly salary schedules labeled Appendix “A” and attached hereto are hereby made a part of this Memorandum of Understanding.
SECTION 27.00 - BILINGUAL ASSIGNMENT
27.01 The City agrees to pay a premium of 2.5% of base pay to employees with bilingual skills in positions which the City has determined the use of bilingual skills are necessary or desired to serve the Milpitas community.
27.01.1 Bilingual assignment shall be recommended by the Department Head and approved by the City Manager. In order to receive bilingual assignment, the employee must undergo and pass the appropriate testing to be certified as bilingual. The Department Head with the approval of the City Manager shall have the authority to terminate bilingual assignments when either: (1) the need no longer exists; (2) the number of employees who are certified as bilingual is more than is needed for the department; or (3) employees certified as bilingual are only called upon periodically to translate.
DocuSign Envelope ID: 262CE4BD-BB7E-4374-8649-5F6F5BD3C1E2
ProTech
July 1, 2023 through June 30, 2025
29 27.01.2 Employees may request to be tested for bilingual certification at any time. Authorization for testing is subject to the needs of the department as determined by the Department Head and approved by the City Manager or designee. The method for such certification shall be the same for all bargaining units having bilingual assignment provisions.
SECTION 28.00 - WORK SCHEDULES
28.01 All employees shall work a standard bi-weekly schedule of eighty (80) hours. The Department Head shall have the authority to review and as necessary modify the work schedule provided employees are given 60 day notice. In establishing the schedule, consideration shall be given to the staffing needs of the department and the concerns of the employees. It is understood and agreed, that this shall not restrict or limit the ability of the City to modify schedules to respond to emergencies or immediate service needs of the City.
28.02 An employee may request consideration of a flexible work schedule to meet legitimate personal needs, such as childcare, transportation, etc. The Department Head shall consider each such request, and based on the needs of the City and the employee, make a final determination.
28.03 The City agrees to review requests for Alternate Work Schedules. Proposals for alternate work schedules shall be evaluated within each department and for each position. Alternate work schedules may not be appropriate for all departments or employees. In reviewing requests, the City shall take into consideration the City's desire to maintain a level of service, determined by the City, in addition to the employees’ needs. The Department Head shall make a recommendation to the City Manager, whose decision is final and not grievable.
28.04 Employees who are temporarily assigned to shifts in which one-half of their hours fall between the hours of 6:00pm and 8:00am three or more times within an established work week shall receive a five percent (5%) premium for all hours worked. The 5% premium shall be calculated on the employee’s base hourly rate of pay.
Alternate work schedules, which have been approved, shall be subject to Section 29.01.
SECTION 29.00 - HEALTH & SAFETY
29.01 The Risk Management & Safety Committee: The City is committed to the concept that the work place be a safe environment for all employees. In recognition of the City's and the Association's mutual interest in mitigating and/or eliminating present and future health hazards in the work place, the Risk Management & Safety Committee was created.
29.02 The City of Milpitas will assess the workstations of employees under the guidance of a specialist in Ergonomics. The Ergonomic specialist shall make recommendations and the City of Milpitas will act accordingly.
29.03 The City shall reimburse up to $300 per employee per fiscal year towards the purchase of safety prescription eyeglasses provided that they are not fully covered by the employee's health plan.
Replacement costs may be covered upon approval of the Human Resources Director if there has been a significant change in the employee's prescription or damage occurred as a result of a work-related accident.
DocuSign Envelope ID: 262CE4BD-BB7E-4374-8649-5F6F5BD3C1E2
ProTech
July 1, 2023 through June 30, 2025
30 29.04 The City shall reimburse employee’s up to $300 per fiscal year for eyeglasses when prescribed by a physician for use at a video display terminal, provided the glasses are not fully covered by the employee’s health care plan. The employee must apply for any available insurance coverage.
29.05 The City shall provide up to $300 reimbursement per employee per fiscal year for the purchase of safety shoes and accessories with the provision that said footwear meets safety guidelines set by the City.
For classifications in the Housing and Neighborhood Preservation Specialists, Plan Checkers, and Engineers series, the City shall provide up to $300 reimbursement per employee bi-annually, on a fiscal year basis, for the purchase of safety shoes and accessories with the provision that said footwear meets safety guidelines set by the City.
29.06 It is understood that the wearing of said items is mandatory for field work when reimbursement is provided.
SECTION 30.00 - MISCELLANEOUS
30.01 Working Hours: Any modification of hours of employment, which are not diminimus, shall be subject to the rules and regulations of the Meyers-Milias-Brown Act (“MMBA”).
30.02 Replacement of Personal Articles: City may replace, within reason, personal articles damaged or stolen during performance of duty upon recommendation of the individual’s immediate supervisor and Department Head. The prior condition of the article, precautions taken to protect the article, and the exercise of proper judgment of wearing or using an expensive article on the job that has certain hazards connected with it shall be considered in determining the amount of replacement. An employee must obtain prior approval from his/her supervisor to bring in and use personal articles in the line of work.
30.03 Negotiations: Negotiations for a new Memorandum of Understanding shall commence three months before the end of the last contract year.
30.04 The City shall study the classifications and salaries of ProTech members during the term of this MOU and provide the information to ProTech upon receipt. The City agrees to meet with the Union to discuss implementation of the results.
SECTION 31.00 - EMPLOYEE FITNESS PROGRAM
31.01 The City of Milpitas agrees to provide to the employees a fitness program that allows employees the opportunity to participate in City-sponsored sports and fitness programs at no cost during the employee’s non-working hours. All conditions and requirements regarding use of the Sports Center and/or Senior Center, as set by the Recreation Services Manager, must be followed to remain eligible for this program.
SECTION 32.00 - LATERAL TRANSFERS/PROMOTIONAL OPPORTUNITIES
32.01 Employees shall be considered for lateral transfer/promotional opportunities subject to the following conditions:
DocuSign Envelope ID: 262CE4BD-BB7E-4374-8649-5F6F5BD3C1E2
ProTech
July 1, 2023 through June 30, 2025
31 32.01.1 The transfer must be recommended by both the outgoing and incoming supervisor and approved by the Department Head.
32.01.2 The transfer must be approved by both the outgoing and incoming Department and/or Division Head.
32.01.4 Employees who are performing “below expectations” or “unsatisfactory” shall not be considered for lateral transfers. This shall be determined by examination of the most recent employee appraisal on file. If the appraisal on file is more than ten (10) months old, a new appraisal shall be done prior to the time the transfer is finalized.
32.01.5 Employees who are transferred by request between Departments or between different classifications shall be subject to a new six-month probationary period. Employees failing to complete probation following such a transfer shall be reinstated to the position from which transferred.
32.01.6 All vacant permanent positions shall be opened to lateral transfer within the same classification.
32.01.7 Written notice of a vacant permanent position shall be circulated by the Human Resources Department. The notice shall include the opening and closing dates for the acceptance of lateral transfer requests and promotional applications.
32.01.8 A period of ten (10) working days shall be allowed during which written requests for lateral transfer and/or promotion must be submitted by any interested employee.
32.01.9 Requests shall be reviewed and all applicants notified of their status and scheduled for an oral interview within five (5) working days of the closing date.
32.01.10 Oral interviews of eligible employees shall be conducted by the hiring supervisor.
32.01.11 Written notice of the results of the interview process shall be made by the hiring supervisor within five (5) working days of the last interview.
32.01.12 Exceptions to the above process due to working conditions and/or the needs of the City may be approved by the Department Head.
32.02 Permanent employees may have a reasonable amount of time, during normal work hours, without loss of pay or accrued leave for a City of Milpitas civil service interview (lateral or promotion).
Employees are required to provide at least two (2) days notice to their supervisor.
A “reasonable” amount of time is defined as the time needed to participate in the interview by the Human Resources Department. Employees must report to work as soon as the interview ends in order to avoid charging the time in excess to accrued leave or unpaid leave.
32.03 To qualify for a department interview, an employee must meet the minimum qualifications listed on the job announcement, including passing any required testing, or be a lateral transfer to the position. All internal candidates who meet these requirements will be invited to participate in a departmental hiring interview.
DocuSign Envelope ID: 262CE4BD-BB7E-4374-8649-5F6F5BD3C1E2
ProTech
July 1, 2023 through June 30, 2025
32 SECTION 33.00 - MILEAGE REIMBURSEMENT
33.01 When available, the City shall furnish vehicles from the City’s car pool to conduct official City business. In the event a pool car is unavailable, the employee shall use the employee’s own vehicle on a temporary basis.
33.02 An employee shall receive authorization from their Department Head or their designee prior to using the employee’s own vehicle.
33.03 Temporary basis shall be defined as no more than five (5) consecutive working days unless otherwise agreed to by the employee. Employees who use their car on a temporary basis shall be reimbursed by the City at the rate established by the IRS.
33.04 Any employee who drives their own vehicle on official City business must have a valid California driver’s license and proof of valid insurance.
SECTION 34.00 - TUITION REIMBURSEMENT
34.01 The City of Milpitas will provide a tuition reimbursement program for educational activities which are job related to any classification within the City and approved in advance by the Department Head and the Human Resources Director. The amount of the fund shall not exceed the amount budgeted for this purpose. Subject to the availability of monies in the fund, individual employees are subject to a total reimbursement of $2,000 per fiscal year. Reimbursement is subject to the guidelines outlined in the Tuition Reimbursement Standard Operating Procedure (S.O.P.) 16-13.
SECTION 35.00 –INCENTIVE PAY
35.01 Certification Pay
City will provide 1% certification pay on the following certifications for positions in the classification of Building Inspector and Sr. Building Inspector:
(a) 1% for Residential Plans Examiner Certification and (b) 1% for Building Plans Examiner Certification
35.02 During the term of this agreement , the parties agree to revisit the topic of additional certi fication pay, which would be subject to Department Head approval.
DocuSign Envelope ID: 262CE4BD-BB7E-4374-8649-5F6F5BD3C1E2
ProTech
July 1, 2023 through June 30, 2025
33 35.03 As part of the Tuition Reimbursement Program per Section 35.00 of the Pro-Tech MOU, the above certification tests will be reimbursed to full time regular employees. In addition full time regular employees will be permitted to take the certification tests during regular work hours.
Employees will be compensated their regular wages if the test is taken during a regularly scheduled workday between regularly scheduled work hours, and employee is not eligible for overtime if the test exceeds the regular work day as this is a fringe benefit and not required.
35.04 Longevity Pay
Effective the first full pay period in July, 2023, e mployees shall be eligi ble for longevity pay as follows:
(a) Effective the first full pay -period af ter the employee’s 9th year of service, a l ongevity incentive of one percent (1%) over base pay.
(b) Effective the first full pay -period after the employee’s 14th year of service, a long evity incentive of two percent (2%) over base pay,
(c) Effective the first full-pay period after the employee’s 19th yea r of service, a longevity incentive of three percent (3%) over base pay,
SECTION 36.00 – NO STRIKE CLAUSE
36.01 The Union, on its own behalf and on behalf of the unit employees it represents, agrees that during the term of this MOU, and throughout all periods when there is any effort or procedure underway to arrive at a successor MOU and during any period when the law specifically prohibits strike activity, there will be no strikes, work stoppages, concerted unauthorized absences, slow-downs, or refusals to cross picket lines of any sort; and that the Local will not directly or indirectly encourage or condone such actions by unit employees, and will undertake all possible steps to cause any such actions to cease.
36.02 Any bargaining unit member violating this provision shall be subject to disciplinary action up to and including termination of employment.
36.03 This provision may be specifically enforced in any court of competent jurisdiction.
SECTION 37.00 – LIUNA NATIONAL (INDUSTRIAL) PENSION FUND
37.01 ProTech members currently participate in the LIUNA National Pension Fund under terms set forth in Section 37.00 of the Memorandum of Understanding approved by Ci ty Counc il on February 19, 2013 , and covering the p eriod from January 1, 2013 through December 31, 2013, (hereafter “PRIOR MOU”) and the Standard Form of Participation Agreement signed by th e City and ProTech in 2001. It is ag reed between the Parties that this section 37.00 shall replace that earlier Sect ion 37.00 part of the PRIOR MOU until such time as Pro Tech, or its successor bargaining group or individual employee successors no longer p articipate in the LIUNA National Pension Fund and there exists no obligation on behalf of the City or Pro Tech or its successor bargaining group or individual employee successors to contribute funds to the LIUNA National Pension Fund, or this Section 37.00 is rescinded or modified by mutual agreement.
37.02 It is further agreed between the Parties that all obligation to make payments to the LIUNA National Pension Fund (including the $.56 City contribution referred to in Sec tion 37.01 of the DocuSign Envelope ID: 262CE4BD-BB7E-4374-8649-5F6F5BD3C1E2
ProTech
July 1, 2023 through June 30, 2025
34 PRIOR MOU) for pension coverage for ProTech employees shall be paid by ProTech employees and the City will have the right to deduct t he payment from ProTech employee wages and make such payments as are due directly to the LIUNA National Pension Fund. This shall include a ny obligation to make payments to the LIUNA National Pension Fund as now e xist or increased amounts which may be imposed in the future for rehabilitation plans imposed, plan restructuring, election for “preferred” benefits under the current Rehabilitation Plan or any other reason. It is further agreed that the City as e mployer shall elect, if such option is available, t he “preferred” payment option, allowing ProTech employees enhanced benefits, payment for which ProTech employees will be responsible, as agreed and set forth above, but with the understanding that if payments are also due for past obligations under the “ preferred” plan, then ProTech employees shall be responsible for such amounts which the City may also deduct in reasonable payment amounts from ProTech employee wages.
37.03 Employee liability for LIUN A pension payments as described in paragraph 37.02 above do not include any fund liability for the City’s unilateral withdrawal from the LIUNA National Pension Fund, were that to occur in th e future. Responsibility for such li ability, were it to occur, sh all remain subject to future negotiations between the Parties.
37.04 Deductions from ProTech employee wages, as set forth in paragraph 37.02 above, shall be processed and deducted as pre -tax pension benefit payments from curre nt and future ProTech employees and will include a pro rata share of the indebt edness owed for ProTech employees, including retirees, until such time as that indebtedness is satisfied.
37.05 To the extent this Sectio n is inconsistent with the PRIOR MOU this S ection shall prevail an d constitute the intent and govern the rights of the Parties.
37.06 By inclusion of this section in this MOU, all parties agree that this matter has been fully discussed amongst the Parties and all meet and confer obligations under the law, including the Meyers- Milias-Brown Act, have been fully complied with.
DocuSign Envelope ID: 262CE4BD-BB7E-4374-8649-5F6F5BD3C1E2
ProTech
July 1, 2023 through June 30, 2025
35 This comprehensive Memorandum of Understanding represents a complete and final understanding of all issues negotiated between the City representatives and the Association's representatives and is endorsed this __ Day of ______.
ASSOCIATION REPRESENTATIVES CITY REPRESENTATIVES
Avery Stark Richard C. Bolanos
Ruby General Vicky Lien
______________________________________
Casey Crary Bill Tott
Lorin Preston
Randy Baez
Ryan Heron, Local 792
DocuSign Envelope ID: 262CE4BD-BB7E-4374-8649-5F6F5BD3C1E2
ProTech
July 1, 2023 through June 30, 2025
1 Appendix A1– SALARY SCHEDULE
4% Salary Increase
Effective July 1, 2023
Job Classification Annual Salary
Accountant $ 103,614.85 - $ 125,925.82 Accounting Technician I $ 67,479.40 - $ 82,022.32 Accounting Technician II $ 74,226.96 - $ 90,223.29 Assistant Engineer $ 112,264.94 - $ 136,459.79 Assistant Planner $ 107,647.32 - $ 130,827.90 Associate Civil Engineer $ 129,104.10 - $ 156,928.53 Associate Planner $ 123,774.79 - $ 150,454.35 Building Permit Technician $ 82,202.95 - $ 99,921.72 Building/NP Inspector $ 108,955.25 - $ 132,435.70 Case Manager $ 73,654.26 - $ 91,918.96 Code Enforcement Officer $ 95,267.33 - $ 115,819.08 Community Service Officer $ 91,149.68 - $ 110,793.70 Electrical/Building Inspector $ 114,403.81 - $ 139,057.80 Engineering Aide $ 89,279.32 - $ 108,518.82 Engineering Permit Technician $ 80,366.94 - $ 97,685.79 Environmental Inspector $ 114,403.81 - $ 139,057.80 GIS Technician $ 112,264.94 - $ 136,460.33 I T Technician $ 89,322.31 - $ 108,570.74 Junior Engineer $ 102,058.42 - $ 124,053.03 Junior Planner $ 92,402.98 - $ 112,316.59 Marketing Coordinator $ 86,736.21 - $ 105,428.15 Office Assistant I $ 58,679.77 - $ 71,324.76 Office Assistant II $ 64,544.75 - $ 78,453.59 Office Specialist $ 74,226.15 - $ 90,223.29 Payroll Specialist $ 79,275.33 - $ 96,358.39 Plan Check Engineer $ 132,118.52 - $ 160,673.30 Plan Checker $ 112,659.46 - $ 136,947.05 Planning Technician $ 82,202.95 - $ 99,921.72 Program Coordinator $ 80,888.81 - $ 106,473.79 Public Services Assistant I $ 67,479.40 - $ 82,022.32 Public Services Assistant II $ 74,226.96 - $ 90,223.29 Public Works Inspector $ 108,955.25 - $ 132,435.70 Recreation Svcs Assistant I $ 38,142.35 - $ 46,363.05 Recreation Svcs Assistant II $ 45,287.13 - $ 55,051.01 Recreation Svcs Assistant III $ 52,056.60 - $ 63,274.68 Recreation Svcs Assistant IV $ 61,076.33 - $ 74,238.05 Senior Accounting Technician $ 81,649.71 - $ 99,246.26 Senior Building Inspector $ 125,842.54 - $ 152,962.85 Senior Plan Check Engineer $ 145,330.00 - $ 176,636.37 Senior Public Works Inspector $ 125,843.35 - $ 152,962.85 Sr Code Enforcement Officer $ 111,800.67 - $ 135,882.76 Sr. Public Services Assistant $ 82,795.40 - $ 100,638.28
DocuSign Envelope ID: 262CE4BD-BB7E-4374-8649-5F6F5BD3C1E2
ProTech
July 1, 2023 through June 30, 2025
2 Appendix A2– SALARY SCHEDULE
4% Salary Increase
Effective first full pay period in July, 2024
Job Classification Annual Salary
Accountant $ 107,759.44 - $ 130,962.85 Accounting Technician I $ 70,178.58 - $ 85,303.22 Accounting Technician II $ 77,196.04 - $ 93,832.22 Assistant Engineer $ 116,755.54 - $ 141,918.19 Assistant Planner $ 111,953.21 - $ 136,061.02 Associate Civil Engineer $ 134,268.27 - $ 163,205.67 Associate Planner $ 128,725.78 - $ 156,472.52 Building Permit Technician $ 85,491.07 - $ 103,918.59 Building/NP Inspector $ 113,313.46 - $ 137,733.13 Case Manager $ 76,600.43 - $ 95,595.72 Code Enforcement Officer $ 99,078.02 - $ 120,451.84 Community Service Officer $ 94,795.66 - $ 115,225.44 Electrical/Building Inspector $ 118,979.96 - $ 144,620.11 Engineering Aide $ 92,850.49 - $ 112,859.57 Engineering Permit Technician $ 83,581.61 - $ 101,593.22 Environmental Inspector $ 118,979.96 - $ 144,620.11 GIS Technician $ 116,755.54 - $ 141,918.75 I T Technician $ 92,895.21 - $ 112,913.57 Junior Engineer $ 106,140.76 - $ 129,015.15 Junior Planner $ 96,099.10 - $ 116,809.25 Marketing Coordinator $ 90,205.66 - $ 109,645.27 Office Assistant I $ 61,026.97 - $ 74,177.75 Office Assistant II $ 67,126.54 - $ 81,591.73 Office Specialist $ 77,195.20 - $ 93,832.22 Payroll Specialist $ 82,446.34 - $ 100,212.73 Plan Check Engineer $ 137,403.26 - $ 167,100.23 Plan Checker $ 117,165.83 - $ 142,424.94 Planning Technician $ 85,491.07 - $ 103,918.59 Program Coordinator $ 84,124.36 - $ 110,732.74 Public Services Assistant I $ 70,178.58 - $ 85,303.22 Public Services Assistant II $ 77,196.04 - $ 93,832.22 Public Works Inspector $ 113,313.46 - $ 137,733.13 Recreation Svcs Assistant I $ 39,668.05 - $ 48,217.58 Recreation Svcs Assistant II $ 47,098.62 - $ 57,253.05 Recreation Svcs Assistant III $ 54,138.86 - $ 65,805.67 Recreation Svcs Assistant IV $ 63,519.38 - $ 77,207.57 Senior Accounting Technician $ 84,915.70 - $ 103,216.11 Senior Building Inspector $ 130,876.24 - $ 159,081.36 Senior Plan Check Engineer $ 151,143.20 - $ 183,701.82 Senior Public Works Inspector $ 130,877.08 - $ 159,081.36 Sr Code Enforcement Officer $ 116,272.69 - $ 141,318.07 Sr. Public Services Assistant $ 86,107.21 - $ 104,663.81
DocuSign Envelope ID: 262CE4BD-BB7E-4374-8649-5F6F5BD3C1E2
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS ADOPTING THE
EXTENSION OF THE MEMORANDUM OF UNDERSTANDING WITH THE MILPITAS EMPLOYEES ASSOCIATION, AN AFFILIATE OF LIUNA/UPEC LOCAL 792, FOR THE PERIOD OF JULY 1, 2025, THROUGH JUNE 30, 2026 AND APPROVE AND ADOPT THE PAY SCHEDULE TITLED “ALL JOB CLASSIFICATIONS/SALARY TABLE”
WHEREAS, the most recent Memorandum of Understanding (MOU) between the Milpitas Employees Association (MEA), an affiliate of LIUNA/UPEC Local 792, and the City of Milpitas covered the period of July 1, 2023 through June 30, 2025; and
WHEREAS, representatives of MEA and UPEC Local 792 and the City of Milpitas met in good faith and negotiated an extension and amendment of the MOU; and
WHEREAS, the Extension of the MOU between MEA and the City of Milpitas shall be effective July 1, 2025, through June 30, 2026, a copy of which is attached as “Exhibit B.”
NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:
1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
2. The Extension of the MOU between the Milpitas Employees Association and the City of Milpitas, attached hereto as Exhibit B, is hereby approved and the City Representatives are hereby authorized to execute it.
3. The City Council adopts and approves Exhibit C, the pay schedule “ALL JOB CLASSIFICATIONS/SALARY TABLE effective July 1, 2025”.
PASSED AND ADOPTED this ______ day of ___________, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
___________________________
Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:
_________________________________
Christopher Creech, Acting City Attorney
EXTENSION OF THE MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF MILPITAS AND THE MILPITAS CITY EMPLOYEES’ ASSOCIATION
The City of Milpitas and the Milpitas City Employees’ Association (“Union”) through their designated bargaining representatives, hereby agree that the term of the parties’ Memorandum of Understanding (“MOU”), presently in effect from July 1, 2023 through June 30, 2025, will be extended for a period of twelve months, from July 1, 2025 until June 30, 2026. Except as expressly revised below, all terms and conditions of the MOU shall remain in full force and effect for the term of the extension. The parties further agree that during the term of this Extension Agreement, that they will meet and confer as provided in the attached Reopener Clause.
The following sections of the MOU are revised as follows:
SECTION 1.00 - PREAMBLE
1.01 The term of the existing MOU expired on June 30, 2025. By this Extension Agreement, the term of the MOU is extended by twelve months, to expire on June 30, 2026.
SECTION 16.00 – SALARY
16.02 Effective the first full pay period in July, 2025, the monthly salary schedule labeled Appendix A to the MOU, shall be increased by three percent (3%).
16.03[NEW] As soon as administratively possible following adoption of this Extension Agreement by the City Council, the City will pay each bargaining unit member a one -time lump sum, non-pensionable payment of two thousand four hundred and fifty dollars ($2,450.00).
Incorporation of the following attached Side Letters:
I. SECTION 17.00 OVERTIME – Not fully executed
II. SECTION 18.00 - STANDBY ASSIGNMENT – Fully executed 09/17/2024 III. TEMPORARY CONTRACTING SERVICES – Fully executed 06/22/2022
Docusign Envelope ID: C09E3795-91F3-491E-9435-265783537667
DATE: ___________
BY THE CITY: BY THE UNION:
Richard C. Bolanos, LCW
Ryan Heron, UPEC Local 792
Kelli Parmley
Martin Herrera
Deanna J. Santana Paul Rubino
Jorge Cortes
Jimmy De Rosa
Eddie Clements
Ronnie Cruz
Christopher Blake
Docusign Envelope ID: C09E3795-91F3-491E-9435-265783537667 Aug-05-2025
Aug-06-2025
Aug-05-2025
Aug-06-2025
Aug-05-2025
Aug-05-2025
Aug-05-2025
Aug-06-2025
City of Milpitas and LIUNA Local 792 - Proposed Reopener Clause – Minimum Qualifications and Duties Discussion
The City of Milpitas (“City”) and the designated bargaining representative for the Milpitas Employees’ Association, LIUNA Local 792 (“Union”), having met and conferred over extension of the parties’ bargaining agreement (“MOU”), hereby agree that within thirty (30) days of the adoption of the Extension Agreement, there shall be a reopener to meet and confer on the topic of minimum qualifications and duties in the job descriptions for the following job classifications in the City’s Public Works Department:
Within the Utilities Division
• Equipment Maintenance Worker II
• Equipment Maintenance Worker III
• Maintenance Worker I
• Maintenance Worker II
• Maintenance Worker III
• Senior Public Works Lead
Within Facilities
• Senior Public Works Lead
• Maintenance Worker II
Within Parks/Trees and Landscape
• Maintenance Assistant
Within Streets and Signs
• Equipment Maintenance Worker II
• Equipment Maintenance Worker III
The City agrees that the Public Works Director will participate directly in these discussions. *Classifications in italics indicates classifications proposed by the Union to be revised.
Docusign Envelope ID: C09E3795-91F3-491E-9435-265783537667
DATE: ____________
BY THE CITY: BY THE UNION:
Richard C. Bolanos, LCW
Ryan Heron, UPEC Local 792
Kelli Parmley
Martin Herrera
Deanna J. Santana Paul Rubino
Jorge Cortes
Jimmy De Rosa
Eddie Clements
Ronnie Cruz
Christopher Blake
Docusign Envelope ID: C09E3795-91F3-491E-9435-265783537667 Aug-05-2025
Aug-06-2025
Aug-05-2025
Aug-06-2025
Aug-05-2025
Aug-05-2025
Aug-05-2025
Aug-06-2025
Docusign Envelope ID: C09E3795-91F3-491E-9435-265783537667
Docusign Envelope ID: C09E3795-91F3-491E-9435-265783537667
Side Letter Agreement
By and Between
The City of Milpitas and the
United Public Employees of California (Local 792) –
Milpitas Association Employees (MEA)
The City of Milpitas here in referred to as “City” and the United Public Employees of California (Local 792) LIUNA, M ilpitas Employees Association (MEA) herein referred to as “Union ,” collectively as “the parties” execute this Side Letter Agreement to modify Section 18.01.9 related to standby assignments in the Memorandum of Understanding between Milpitas Employees Association and the City of Milpitas (“MOU”) as adopted by the Milpitas City Council on March 5, 2024.
The parties agree to the following update:
SECTION 18.00 - STANDBY ASSIGNMENT
Section 18.01.9 shall be modified as follows:
18.01.9 Weekly s Standby shifts are Thursdays starting at immediately following the regular daily public works shift for the standby employee’s position to Thursdays at 5:00pm and 5:00pm Thursdays to the following Thursdays at 7:00amimmediately proceeding the regular daily pu blic works shift for the standby employee’s position for a total of 2 shifts per week . Employees will be compensated $240 for weekday shifts and $360 for weekend shifts $600 per week. For each holiday which occurs an employee is on stand-by, the employee shall receive an additional $100 dollars. During a Standby shift, the standby employee is responsible for his , her, or their standby duties each day immediately following the daily public works shift for the standby employee’s position until the next day immediately proceeding the regular daily public works shift for the standby employee’s position except on weekends or holidays during which no regular public works shift for the standby employee’s position occurs.
On such weekends and holidays, the standby employee is responsible for his, her, or their standby duties for the entirety of the day.
Additionally, the parties agree that the new weekly standby pay rate of $600 shall be retroactive to March 5, 2024, the date the MOU was adopted by the City Council.
Employees who were on standby for less than 7 consecutive days will receive a prorated rate of $85.71 per standby day for the period beginning March 5, 2024 and ending July 24, 2024.
All other terms and conditions set forth in the MOU, shall remain in full force and effect.
For the City of Milpitas:
__________________________ ________________
Kelli Parmley Date
Human Resources Director
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__________________________ ________________
Ned Thomas Date
City Manager
For the Union:
__________________________ ________________
Ryan Heron, Union Representative Date
LIUNA/UPEC
__________________________ ________________
Martin Herrera Date
MEA Chapter President
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Sep-17-2024
Sep-17-2024
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SIDE LETTER OF AGREEMENT
between
City of Milpitas and LIUNA-UPEC 792/MEA
The City issued a Request for Proposal with the stated intent of contracting with one or more vendors to provide temporary staffing services to augment staffing during times of recruitment for vacancies, staff absences due to illness or injury, in times of peak workloads, or unanticipated increases in work volume. In an effort to reach an agreement on the parameters of such a contract, the parties have an interest in entering into a side letter agreement.
dŚŝƐ^ŝĚĞ>ĞƚƚĞƌŽĨŐƌĞĞŵĞŶƚŝƐĞŶƚĞƌĞĚŝŶƚŽďLJĂŶĚďĞƚǁĞĞŶƚŚĞŝƚLJŽĨDŝůƉŝƚĂƐ;͞ŝƚLJ͟ͿĂŶĚƚŚĞ LIUNA-UPEC 792/MEA ;͞Union͟Ϳ͕ĐŽůůĞĐƚŝǀĞůLJŬŶŽǁŶĂƐ͞dŚĞWĂƌƚŝĞƐ.͟For purposes of this side letter ĂŐƌĞĞŵĞŶƚ͕Ă͞sĞŶĚŽƌ͟ŝƐƚŚe firm selected to provide temporary staffing services. An employee who works for the vendor to provide such temporary services is referred to as a Temporary Employee.
Subject to the City of Milpitas City Council approval, the Parties agree to the followi ng terms and conditions outside of the MOU:
The City shall enter into a contract with vendor(s) subject to the following parameters:
1. The list of classifications the City may fill with a temporary employee from a contract vendor shall be limited to those identified in the RFP. Should the City wish to expand the list of classifications, it shall notify the Union and provide the opportunity to meet and confer.
2. The vendor(s) selected as a result of the Temporary Services RFP shall not be used to provide staff to permanently replace regular budgeted City positions. Should the City wish to outsource a function, it shall notify the Union and provide the opportunity to meet and confer, as required by law.
3. Temporary work provided by vendor temporary employees through this agreement shall be limited as follows:
a. Peak Workload WĞƌŝŽĚƐ͗/ĨŚŝƌĞĚƚŽĂƵŐŵĞŶƚƐƚĂĨĨĨŽƌ͞ƉĞĂŬ͟ǁŽƌŬůŽĂĚƉĞƌŝŽĚƐ͕ƚŚĞ position shall be limited to a total of 720 hours per calendar year. b. Active Recruitment: If hired to backfill behind a staff vacancy, the position shall be limited to 959 hours per calendar year.
c.
ŵƉůŽLJĞĞďƐĞŶĐĞ͗/ĨŚŝƌĞĚƚŽďĂĐŬĨŝůůďĞŚŝŶĚĂŶĞŵƉůŽLJĞĞ͛ƐůŽŶŐ-term absence, no more than the length of such absence. A position being contracted shall not be allowed to exceed 959 hours without the prior authorization of the Human Resources Director and the Union.
d. Projects: If hired to complete a special project, the time is limited to the duration to complete the project, and not to exceed 959 hours per calendar year.
4. The City agrees to provide invoices monthly to the Union showing the hours worked by temporary employees in a manner agreed upon as a result of the contract with the City. a. The information provided to the Union shall include:
i. The total year-to-date hours worked by each contracted employee. ii. dŚĞĞŵƉůŽLJĞĞ͛ƐŚŽƵƌůLJƉĂLJƌĂƚĞ͘
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iii. The hourly bill rate to the City.
5. Prior to any workload being given to a temporary contracted employee, when possible, the workload shall be first offered to bargaining unit employees in the appropriate classifications, including via overtime opportunit ies, out-of-class assignment, and/or special assignment (MEA), if it is feasible based on department needs. Employees shall not be obligated to accept out-of- class or special assignments.
6. Whenever a bargaining unit position is contracted through a temp agency pursuant to this agreement, The City shall notify LIUNA representatives of the decision to contract work via this agreement and include the following information:
a. The date the temporary employee started.
b. The scope of the work being contracted out.
c. The reason for contracting the work (Peak workload, active recruitment, employee absence, or special project).
d. The expected duration of the work.
7. The City shall issue LIUNA representatives a monthly ͞ǀĂĐĂŶĐLJ ƌĞƉŽƌƚ͟ &ŽůůŽǁŝŶŐ ƚŚŝƐmonthly report, the City shall agree to meet with the Union upon request to discuss concerns stemming from the report.
8. The City recognizes the value of employees being gathered in the workplace to conduct City business but also understands the desire to have increased flexibility by providing teleworking options. The City does not expect to have temporary vendor staff working remotely for a significant portion or all of the workweek on a frequent basis. The City will notify the union when a temporary contract employee is telework ing a majority of the workweek. The City agrees to meet with the Union upon request to discuss any concerns.
For the City:
Jeannine M. Seher
Human Resources Director
Date
Steven McHarris
City Manager
Date
For the Union:
Ryan Heron
Union Representative, LIUNA
Date
Robert DeLong
MEA President
Date
5/17/2022
6/22/22
06/21/2022
5/17/2022
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MEMORANDUM OF UNDERSTANDING
BETWEEN
MILPITAS EMPLOYEES
ASSOCIATION
(An Affiliate of Laborers’ International Union of North America (LIUNA/UPEC)
AND THE
CITY OF MILPITAS
July 1, 2023 – June 30, 2025
As Adopted by the Milpitas City Council on March 5, 2024
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TABLE OF CONTENTS
SECTION 1.00 - PREAMBLE ....................................................................................................................... 3 SECTION 2.00 - NO DISCRIMINATION ....................................................................................................... 3 SECTION 3.00 - EMPLOYEE RIGHTS ......................................................................................................... 4 SECTION 4.00 - CITY RIGHTS ..................................................................................................................... 6 SECTION 5.00 - ADVANCE NOTICE ........................................................................................................... 7 SECTION 6.00 - DISCIPLINARY ACTION/APPEALS PROCEDURE .......................................................... 7 SECTION 7.00 - LAYOFF ........................................................................................................................... 12 SECTION 8.00 - RESIGNATION ................................................................................................................. 12 SECTION 9.00 - OTHER EMPLOYMENT ................................................................................................... 12 SECTION 10.00 - GRIEVANCE PROCEDURE........................................................................................... 13 SECTION 11.00 - WORK SCHEDULES ..................................................................................................... 16 SECTION 12.00 - WORKING TITLES ......................................................................................................... 17 SECTION 13.00 - TEMPORARY APPOINTMENTS ................................................................................... 17 SECTION 14.00 - ATTENDANCE ............................................................................................................... 17 SECTION 15.00 - PAY PLAN ..................................................................................................................... 18 SECTION 16.00 - SALARY ......................................................................................................................... 20 SECTION 17.00 - OVERTIME ..................................................................................................................... 20 SECTION 18.00 - STANDBY ASSIGNMENT.............................................................................................. 21 SECTION 19.00 - BILINGUAL ASSIGNMENT ........................................................................................... 22 SECTION 20.00 - WORK OUT OF CLASS ................................................................................................. 22 SECTION 21.00 – VACANT POSITIONS AND LATERAL TRANSFERS .................................................. 23 SECTION 22.00 - HOLIDAYS ..................................................................................................................... 24 SECTION 23.00 - VACATION LEAVE ........................................................................................................ 26 SECTION 24.00 - SICK LEAVE .................................................................................................................. 28 SECTION 25.00 - FAMILY LEAVE ............................................................................................................. 29 SECTION 26.00 - COMPASSIONATE LEAVE ........................................................................................... 29 SECTION 27.00 - MILITARY LEAVE .......................................................................................................... 30 SECTION 28.00 - WORKERS’ COMPENSATION LEAVE ......................................................................... 30 SECTION 29.00 - LEAVE OF ABSENCE ................................................................................................... 31 SECTION 30.00 - LIGHT DUTY .................................................................................................................. 31 SECTION 31.00 - RETIREMENT ................................................................................................................ 32 SECTION 32.00 - BENEFITS ...................................................................................................................... 34 SECTION 33.00 - TRAINING ...................................................................................................................... 35 SECTION 34.00 - UNIFORMS .................................................................................................................... 35 SECTION 35.00 - HEALTH & SAFETY ...................................................................................................... 36 SECTION 36.00 - MISCELLANEOUS ......................................................................................................... 37 SECTION 37.00 - NO LABOR ACTION ...................................................................................................... 39 SECTION 38.00 - SEASONAL WORKERS ................................................................................................ 39 SECTION 39.00 - RETIREE CONTRIBUTION FUND ................................................................................. 39 SECTION 40.00 - INCENTIVE PAY ............................................................................................................ 39 SECTION 41.00 - LIUNA NATIONAL (INDUSTRIAL) PENSION FUND .................................................... 41 SECTION 42.00 - SAVINGS CLAUSE ........................................................................................................ 42 SECTION 43.00 - LABOR MANAGEMENT COMMITTEE.......................................................................... 42 Appendix A ............................................................................................................................................ 45 Appendix B ............................................................................................................................................ 46
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CITY OF MILPITAS AND MILPITAS EMPLOYEES’ ASSOCIATION
COMPREHENSIVE MEMORANDUM OF UNDERSTANDING ON
SALARIES, FRINGE BENEFITS AND WORKING CONDITIONS
July 1, 2023 through June 30, 2025
This Memorandum of Understandi ng (hereafter “Agreement”) is made between the City of Milpitas (‘the City”) and the Milpitas Employees Association (hereafter “the Union”). The Union confirms that it is an affiliate of the Laborers’ International Union of North America (LIUNA/UPEC), AFL-CIO, Local 792.
SECTION 1.00 PREAMBLE
1.01 The term of the prior MOU expired on June 30, 2023. This MOU is ma de and entered into on (TBD). The terms and provisions of the prior MOU and any amendments are continued in full force and effect in accord with law through the beginning date of this MOU of July 1, 2023.
The term of this Agreement shall commence at 12:01 a.m. on July 1, 2023 and terminate on June 30, 2025.The Agreement is subject to all ordinances, resolutions and personnel rules of the City, except as expressly provided to the contrary by this Agree ment, and all applicable federal and state laws.
1.02 The Union and the City shall attempt to create a working environment free from hostility and intimidation. To that end, the Union and the City shall encourage all employees to treat their fellow employees with dignity and respect.
1.03 The term s and conditions of employment set forth in this Agreement have been discussed in good faith by the authorized representatives of the City and the author ized representatives of the Union. The authorized repres entatives of the Union agree to recommend acceptance by the employees of all terms and conditions set forth herein.
Following said acceptance by the employees, authorized representatives of the City agree to recommend to the Milpitas City Council that all terms and conditions set forth herein be appr oved by resolution. Upon adoption of said resolution, all terms and conditions so incorporated shall become effective without further action by either party.
SECTION 2.00 - NO DISCRIMINATION
2.01 The City of Milpitas shall not discriminate in employment practice in regard to race, color, ancestry, national origin, religious creed, sex, sexual orientation, age, medical condition (cured or rehabilitated cancer), physical or mental disa bility, marital status, or political opinion o r affiliation or union activity, unless such factor shall be a bona fide occupational qualification for the position, or such action is required to compl y with federal or state law.
2.02 The Union shall not discriminate based on race, color, ancestry, national origin, religious creed, sex, sexual orientation, age, medical condition (cured or rehabilitated cancer), physical or mental disability, marital st atus, or political opinion or affiliation or union activity, unless such factor shall be a bona fide occupational qualification for the position, or such action is required to comply with federal or state law.
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4 SECTION 3.00 - EMPLOYEE RIGHTS
3.01 Union Membership and Dues Deduction
3.01.1 Any employee in the City's competitive service may join, organize or maintain membership in a labor organization if the employee so desires.
The City neither encourages nor discourages these activities, nor does membership or non -membership in any labor organization affect t he employee's standing or right as a City empl oyee. The right to join, organize, or maintain membership in a labor organization is also extended to any association of municipal employees not identifi ed with any labor organization.
3.01.2 The right to join a labor union or any association of municipal employees also includes the right not to join. Any employee desiring to join, remain a member, or become independent of any such organization or association must be free to exercise their right without undue in fluence, coercion, intimidation, or pressure o f any kind from any person. Any attempt by one City employee to unduly influence or pressure another employee regarding the employee's membership in any organization or association is contrary to this Memorandum of Understanding, and any offender shall be subject to disciplinary action. Undue influence or pressure for these purposes is an attempt to persuade an employee to change their mind by any means ot her than written or verbal discussion of the pros and con s of membership or non-membership.
3.01.3 For employees who may wish to belong to the employee's union, the City shall cause dues to be deducted from their paycheck based on written certification fro m the Union that it has and will maintain written authorization for the deduction from the employee. It is the responsibility of the Union to ensure that dues deductions have been authorized by the employees in writing. The employee may, for any reason, cancel his/her authorization for such a payroll deduction by providing written notice to the Union duri ng the designated drop out period, which shall be June of each calendar year. The employee's cancellation of such authorized deductions shall in no way a ffect his/her job or standing as an employee. Any employe e desiring to join, remain a member, or become independent of any such organization or association must be free to exercise their right without undue influence, coercion, intimidation or pressure of any kind from any person.
3.01.4 The Association, as defined in this Section, shall hold the City harml ess, and shall fully and promptly reimburse the City for any fees, costs, charges, or penalties incurred In responding to or defending against claims, dispute, challenges which are actually brought against the City or any of its agents, in connection with the administration or enforcement of this subsection pertaining to Union dues. Such reimbursement shall include, but not be limited to, court costs, liti gation expense, and attorney's fees incurred by the City.
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5 3.02 New Employee Orientation
3.02.1 New empl oyee orientation generally occurs once a month and is scheduled by the Human Resources Department . The Union will be provided not less than ten (10) calendar days’ advanced noti ce of the time, date, and location of the Orientation. If a hire is made with less than ten (10) calendar days’ notice, the Union will be notified as soon as the orientation is scheduled. The Union will be given no less than thirty (30) minutes as part of and at the end of the orientation to present Union membership information. An employee’s attendance at the Union portion of the orientation is mandatory. Management and Human Resources representatives may excuse themselves during the Union portion of t he orientation. Employee representatives conducting the orientation shall be granted up to thirty (30) minutes of paid release time to do so, including reasonable travel time, if needed.
3.02.2 The City will provide the Union a digital file via email to the Un ion President and Labor Relations Representative contain ing the following information for every employee:
Name
Job Title
Department
Work Location
Work, home and personal cell phone numbers
Personal email addresses on file with the employer
Home address
The City shall not be required to supply information it does not have.
Such information will be provided as follows:
1. For new hires, within thirty (30) days of the date of hire.
2. For existing bargaining unit employees, quarterly.
3.03 Union Activities
3.03.1 City employees participatin g in organizationa l or other labor union activities or similar activities of any employee association a re required to conduct such activities on their own time and not during regularly assigned working hours, with the following exceptions:
3.03.2 A steward representing or assisting a fellow employee in the presentation of a grievance may utilize such time a s is essential for the presentation of the grievance to management during working hours; however, solicitation of grievances shall be on the steward and employee's own time.
3.03.3 Officials of any organization representing City employees may meet on City time with the City Manager or other City officials when such meeting times are approved by the City Manager.
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6 3.03.4 Business agents or representatives of the union or ot her association, or their affiliates, having business (other than recruiting of membe rs) with the officers or individual members of the union or other recognized employee groups may meet and confer with such officers or members during the course of the wor king day for a reasonable period of time provided that permission is first obtained from the department head, if on duty, and the employee's immediate supervisor, and further provided that the conduct of such business shall in no way conf lict with the performance of City business.
3.03.5 Use of the work place or premises for organizationa l activities other than the presentation of a grievance or the conduct of business as provided for above, is permitted before or after working hours only with the advance approval of the City Manager or designee; is subject to the availability of the desir ed facility, and shall in no way interfere with the performance of official duties of on -duty per sonnel. Official bulletin boards may be used only for no tice of meetings o f any employee organizations and for no other organizational purpose. The City shall, however, provide space upon request at any City facility for a union or employee association fur nished, installed and maintained bulletin board for post ing of notices and bulletins and a magazine rack for the distribution of union or association literature.
3.03.6 Time Off for Association Meeting/Training. The City shall provide annual paid release time for Association Business such as negotiations, conventions symposia, etc., excluding political activity, upon reasonable written notice to and prior ap proval by the appropriate department head. Release time shall not result in overtime by any employee. These events shall include but are not limited to:
Event Personnel Time
Labor Negotiations Training 2 5 days
LTD/Health Benefit Meetings 2 4 hours
PERS Meetings 2 1 day
Association Conferences 1 5 days
Total 144 hours
SECTION 4.00 - CITY RIGHTS
4.01 The City continues to possess exclusively the rights listed below, plus all other rights to which by law the City is entitled. These rights may not be abridged or modified in any way, except by formal legislative action by the City Council (i.e. resol ution or ordinance).
The City has the right and may exercise its discretion:
1. To determine the miss ion of its constituent departments, commissions and boards;
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7 2. To set standards of service;
3. To direct employees, make assignments, and require overtime work;
4. To take disciplinary action;
5. To relieve its employees from duty because of lack of work o r other legitimate reasons;
6. To determine the methods, means , and personnel by which government operations are to be conducted;
7. To determine the pro cedure and standar ds for selection for employment and determine the content of job classifications;
8. To determine when an emergency exists and to take all necessary action to carry out its mission i n emergencies, including recalling and deploying off -duty personnel and requiring that employees work overtime;
9. To exercise complete control and discretion over its organization and technology of performing its work;
10. To transfer or reassign employees, as outlined in the MOU;
11. To layoff employees by p osition as a resul t of: a material change in duties, organization, or shortage of work or funds in the Department or the City.
Any violation of the policies and procedures created by this MOU may be subject to disciplinary action as defined by this MOU. Any agreement bet ween the City and the Association evidenced by a Memorandum of Understanding pursuant to Governme nt Code section 3500 et. seq. shall take precedence over any of the above enumerated employee and management rights. Such a Memorandum of Un derstanding will b e honored in good faith during the life of this contract.
Except in cases of emerge ncy the City shall give written notice (30 days in advance of any contract with third parties) wh ich shall result in the lay -off, demotion, or transfer o f any employee rep resented by the Association and shall meet and confer with the Association regarding the same upon reasonable notice.
SECTION 5.00 - ADVANCE NOTICE
5.01 Except in cases of emergency as provided in this section, th e City shall give reasonable written notice to each recognized employee organization affected by an ord inance, rule, resolution, or regulation directly relating to matters within the scope of represen tation including actions taken under City Rights that af fect wages, hours and other terms and conditions of employment proposed to be adopted by the City and s hall give such recognized employee organizations the opportunity to meet with City representatives.
SECTION 6.00 - DISCIPLINARY ACTION/APPEALS PROCEDURE
6.01 The City may take disciplinary action against any Employee for just cause. The City recognizes the practice of progressive discipline; however, dep ending on the severity of the misconduct, the City may immediately impose more severe discipline.
6.02 Causes for Disciplinary Action:
6.02.1 Grounds for Discipline: Discipline may be imposed for just cause, including without limitation for the following grounds:
(a) Fraud in securing appointment or falsification c oncerning records, fellow employees, or work performed.
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8 (b) Failure to satisfactorily perform the duties an d responsibilities of an employee's position.
(c) Neglect of Duty.
(d) Insubordination.
(e) Reporting for or performing duty under impairment as a result of alcohol and/or drug use.
(f) Dishonesty or misuse of or misappropriation of City property and funds.
(g) Conviction o f any crime involving moral turpitude, or substantially relating to the function of an employee's position. (h) Unauthorized absence.
(i) Non-observance of wor k hours, including tardiness, and abuse of sick leave privileges.
(j) Discourteous or non -cooperative tre atment of the public or other employees.
(k) Conduct, either during or outside of duty hours, which i s of such a nature that it causes discredit to the emplo yee's department o r the City.
(l) Failure to abide by any condition of employment stipulated in the:
Municipal Code; Personnel Rules and Regulations; any City or department policies or procedures; or M emoranda of Understanding approved by formal action of the Council;
(m) Knowingly filing or pursuing a false charge;
(n) Threats of violence or acts of violence towar ds fellow employees or members of the public in the workplace.
(o) Abuse of any City and/or Department policies and procedures. (p) Abandonment of job (5 days absence without authorization).
6.03 Disciplinary Action:
6.03.1 Written Reprimand: Repeated and/or more severe misconduct may require a more formal response by the supervisor to the employee. In the ev ent a Written Reprimand is warranted, the employee is pr ovided with a writ ten memorandum, which outlines the violation(s) and the expected actions to be taken by the employee in response to the memorandum. The Written DocuSign Envelope ID: 6077319C-E1DB-49E4-88E4-863169A7CB12
9 Reprimand contains an indication of subsequent disciplinary steps to be taken in the event tha t the employee fai ls to respond appropriately. A copy of the Written Reprimand shall be placed in the employee's official personnel record.
A Written Reprimand is not subject to the procedures outlined in Section 6.05.
6.03.2 Suspension: In the event of m ore severe and/or repeated misconduct, the employee may be relieved of duty by the City for a specified period of time without pay. Such suspension shall not exceed thirty (30) calendar days.
Suspensions shall be subject to the procedures outlined in Section 6.05.
6.03.3 Reduction in Salary Range: In the event of more severe and/or repeated misconduct, the employee's salary may be reduced by the City within the range for the position held. Such Reduct ion in Salary shall be subject to the procedures outlined in Section 6.05. Reduction in Salary shall be made on a permanent or temporary basis.
6.03.4 Involuntary Demotion: In the event of more severe and/or repeated misconduct, the employee may be reduced in rank and pay by the City. Such Involuntary Demotion shall be subject to the procedures outlined in Section
6.05. Involuntary Demotions shall be made on a permanent or temporary basis.
6.03.5 Termination of Employment: The City may terminate the emplo yment of an employee for more severe and/or repeated mis conduct. Termination shall be subject to the procedures outlined in Section 6.05.
6.04 Authority for Disciplinary Actions:
The Department Head, or designated representative, shall have authority to take disciplinary action.
6.05 Pre-Disciplinary Procedures:
6.05.1 Prior to taking any disciplinary action as defined in Section 6.03, except for Written Reprim and, against a permanent employee, the City shall notify the employee in writing of the following:
(a) The proposed disciplinary action;
(b) The nature of the charges and/or violation of Section 6.02 of this MOU, City ordinances, resolutions, written procedures, municipal code, or departmental regulations and policies;
(c) The reasons for the proposed action;
(d) The materials upon which the action is based;
(e) The opportunity of the employee to appear before a designated City representative and respond to the charges at a sp ecified DocuSign Envelope ID: 6077319C-E1DB-49E4-88E4-863169A7CB12
10 place and time, or to respond to the charges in writing by a date certain;
(f) The right of t he employee to be represented by an attorney or other re presentative at an y disciplinary conferences or proceedings.
(g) The employee has the right to submit a wri tten response within 10 days to the Human Resources Director. Responses will be attached to the Written Reprimand.
6.05.2 Any employee notified pursuant to 6.05.1 above who desires an opportunity to respond pre-discipline may do so orally or in writing. I f the employee wishes to respond orally, the employee must appear at the appointed place and time .
The employee is not entitled to an evidentiary hearin g, and the sole pu rpose of the pre-discipline meeting shall be to hear the response of the employee to the charges. The employee shall be entitled to representation, but shall not be entitled to present witnesses, unless the City determines that the presen tation of witnesses is necessary. If the City representative determines that he or she cannot be impart ial, or upon timely written request by the employee, the Human Resources Director or designee may hear the employee's response.
In the event that the emp loyee is unable to respond to the charges within the time permitted, and demonstrates the reasonablenes s of a continuance, the City may grant a continuance.
As soon as practical after the employee has had an opportunity to present a response, the City will notify the employee in writing of the nature and extent of the discipline, if any, and the date the di scipline will commence. The notification will also advise the employee of any right of appeal.
6.06 Notification — Disciplinary Action: The City agrees that in any discip linary action, except oral reprimand, taken against employees represented by the Asso ciation, the Association shall be notified by memorandum within forty -eight hours (48) hours following employees notification of pending disciplinary action, subject to employee's consent to such notification.
6.07 Right of Appeal:
6.07.1 Reprisals:
No party to the discipline process shall retaliate against any other party to the discipline process be cause the party participated in the discipline process.
6.07.2 Written Reprimand:
The Human Resources Director shall remove a Written Reprimand from a personnel file upon written request by the employee, provided there have DocuSign Envelope ID: 6077319C-E1DB-49E4-88E4-863169A7CB12
11 been no additional disciplinary actions of a similar nature during the subsequent twenty-four (24) months.
If the employee's performance appraisal review contains any reference to the Written Reprimand which has been removed from the employee's personnel file, that section or page of the employee's performance appraisal review shall be rewritten and any refere nce to the letter of reprimand shall be deleted at the written request of the employee.
Written Reprimands are not subject to the Discipline Appeal process covered in Arbitration (Section 6.07.3) and/or the Grievance Process (Section 10.00).
6.07.3 Appeals of Suspensions, Reduction in Salary, Demotion, Involuntary Termination: Arbitration
Within ten (10) working days of the receipt of notice of final disciplinary action, the discipl ined employee may appeal the disciplinary action to arbitration by filing a written request to the Department Head with a copy sent to the Human Resources Director.
If either the City or the disciplined employee so requests, the arbitrator shall hear the m erits of any issue raised regarding the arbitrability of the discipline appeal first. No hearing on the merits of the discipline appeal will be conducted until the issue of arbitrability has been decided.
The parties shall request a list of seven (7) arbit rators within ten (10) working days after receipt of the employee's request for arbitration from the California State Mediation and Conciliation Service.
The fees and expenses of the arbitrator and the certified court reporter shall be shared equally by the City and the employee organization, if the employee organization represe nts the disciplined employee at the arbitration. The services of the certified court reporter are optional. However, both parties must agree if a certified court reporter is employed . Financial responsibility shall be established before t he selection of an arbitrator. All other expenses shall be borne by the party incurring them, and neith er party shall be responsible for the expense of witnesses called by the other.
The arbitrator's power and authority is limited to the issue of whether t he grievant was di sciplined for good or just cause, and if not, what the appropriate remedy should be. The arbitrator shall be without power or authority to make any decision or award that requires th e City or the administration to do an act prohibited by law.
If, as a resu lt of an arbitration award, an employee's disciplinary action is deleted or modified in any way and if the employee's performance appraisal review contains any reference to the disci plinary action, that section or page of the employee's p erformance appraisal review shall be rewritten and any reference to the disciplinary action shall be deleted.
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12 Decision - Final and Binding: The decision of the arbitrator shall: (a) be made in writing within thirty (30) working days of the close of the hea ring or submission of written briefs and (b) shall be final and binding upon both parties.
6.08 Every e ffort shall be made to schedule meetings for the processing of disciplinary actions/appeals procedure at times which will not interfere with the regular workday of the participants. If any disciplinary meeting or hearing must be scheduled during duty hours, any employee required by either party to participate in such meeting or hearing shall be releas ed from regular duties without loss of pay for a reasona ble amount of time. Overtime is not provided for off -duty time except for witnesses requested by the City.
6.09 Waiver of Steps or Time Limits: Notwithstanding any provision in this section, any time limit or stage of procedure specified in this section ma y be waived or ext ended upon written consent of all parties.
SECTION 7.00 - LAYOFF
7.01 Any layoff shall be according to seniority and the procedures as defined and set forth in Municipal Code Section Vl-102 et seq.
7.01.1 The City Mana ger, after review with the Department Head and the Human Resources Director, may lay off an employee be cause of material change in duties, organization, or shortage of work or funds in the department or the City.
7.01.2 The Human Resources Director shall notify the affected Employee(s) in writing at least thirty (30) days in advance of the intended layoff and of their option to accept a voluntary demotion in lieu of layoff.
7.01.3 Employees laid-off or accepting demotions in lieu of layoff shall be placed on a Re-Employment List in inverse order of displacement for an appropriate Class for three (3) years.
SECTION 8.00 - RESIGNATION
8.01 An employee wishing to resign in good standing s hall file with the Department Head a written resignation at least two cale ndar weeks before the effective date of termination, stating the reasons for leaving. The resignation shall be forwarded to the Human Resources Director. Failure to comply with this requirement shall be entered in the service record of t he Employee and ma y be cause for denying future employment with the City.
SECTION 9.00 - OTHER EMPLOYMENT
9.01 Employees may engage in other employment or business activity that does not conflict with the Employee’s duties and which does not involve time demands that would reduce the Employee’s efficiency or safe operation of equi pment, such as sleep deprivation or physical exhaustion prior to start of employees’ shift. In n o case shall the employee conduct non-city business during city work hours.
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13 9.02 An employee’s outside employment, activity or enterprise may be prohibited if it:
(a) Involves the use for private gain or advantage of City time, facilities, equipment and supplies; or the badge, uniform, prestige or influence of the City offic e or employment.
(b) Involves receipt or acceptance by the Employee of any money or other consideration from anyone other than the City for the performance of an act which the Employee, if not performing such act, would be required or expected to render in the regular course of hours of City employment or as a part of regular duties.
(c) Involves the performance of an act which may later be subject directly or indirectly to the cont rol, inspection, review, audit or enforcement of any oth er Employee of the City.
(d) Involves such time demands as would reduce the Employee’s efficiency or safety.
9.03 Employees must notify the Human Resources Director of other employment or business activities in writing prior to engaging in such activities. Disapproval of other employment may be appealed to the City Manager whose decision shall be final. Documents concerning other employment shall be kept in the employee’s personnel file.
9.04 Employees who engage in outside employment that conflicts with duties or who intentionally fail s to submit a timely notice to engage in outside employment shall be subject to disciplinary action.
SECTION 10.00 - GRIEVANCE PROCEDURE
10.01 Definitions:
(a) A grievance is any dispute which involves the interpretation or application of any provision of this MOU. A grievance does not in clude disciplinary actions, as a different review procedure for disciplinary matters is otherwise provided in this MOU. Performance appraisal reviews are not grievable.
(b) A “grievant” is any employee, or union representative on behalf of an employee adversely affected by an alleged violation of the specific provisions of a Memorandum of Understanding.
(c) A “working day” is any day in which the City Hall is open for business.
(d) “Employee organization” is the Milpitas Employees Association, an affili ate of LIUNA/UPEC, Local 792.
10.02 Representation:
At any step in the grievance procedure, th e employee concerned may choose to represent himself/her self; or be repres ented by the certified employee organization which has been recognized by the City fo r that representation unit to which the employee’s classification is assigned; or by legal counse l. The employee concerned shall be personally present a t all stages of th e grievance procedure unless that employee specifically waives the right in writing.
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14 10.03 Scheduling/Attendance:
Every effort will be made to schedule meetings for the processing of grievances at times which will not interfere with th e regular workday of the participants. If any grievance meeting or hearing must be scheduled during du ty hours, any employee required by either party to participate as a witness or grievant in such m eeting or hearing shall be released from regular duties without loss of pa y for a reasonable amount of time.
Overtime is not provided for off-duty time except for witnesses requested by the City.
10.04 Informal Grievance
It is the intent to deal with a nd settle grievances informally, at the nearest practica l organizational l evel, and as promptly and fairly as possible. In any instance of grievance, the Grie vant shall first raise the issue with their immediate supervisor within thirty (30) calendar days following the occurrence, or knowledge of the events on which the grievance is based. Employees waive the right to grieve beyond this thirty (30) day period. Every effort shall be made to resolve such grievance at this level.
10.05 Formal Grievance--Level I
If a mutually satisfactory solution of a grievan ce as specified in the paragraph above is not reached, then within ten (10) working days of the immedia te supervisor's decision, the grievant shall submit a grievance statement in writing. The writte n grievance shall set forth all of the issues involved; shall be dated and signed by the grievant; and shall be submitted to the Department Head. The grievance shall contain each of the following (providing the grievant possesses the knowledge required in order to comply):
(a) A description of the specific facts and grounds upon w hich the grievance is based including names, dates, and places necessary for a comple te understanding of the grievance;
(b) A specific explanation of how the grievant has been adversely affected; (c) A listing of the provisions of the MOU which are alleged to have been violated; (d) A listing of specific actions requested by the grievant of the City w hich will remedy the grievance, including a specific dollar amount, and the basis for the dollar amount, of any alleged damages at issue;
(e) An explanation why the grievant b elieves the decision at the informal grievance step was unsatisfactory;
(f) A statement declaring self-representation; and
(g) The name, address, and telephone number of the person(s) to who m notices may be sent regarding the grievance.
The Depa rtment Head, or de signated representative, shall investigate the facts and issues and reach a conclusio n at the earliest date consistent with the nature of the investigation and within normal conduct of the department's business. Upon reaching such conclu sion, but in any e vent within ten (10) working days of the receipt of the grievance statement, the Depa rtment Head or designated representative shall reply in writing stating the department's view of the issue involved.
10.06 Formal Grievance--Level II
If the grievance has not been disposed of at Level I, the grievant, within ten (10) working days after receipt of the department’s written reply at the completion of Level I, shall forward the said wr itten grievance to the Human Resources Director or desig nated DocuSign Envelope ID: 6077319C-E1DB-49E4-88E4-863169A7CB12
15 representative. The Human Resources Director or designated representative shall review the facts and issues and further investigate as is necessary and will reach a conclusion at the earliest d ate consistent with the nature of the investigation and within normal conduct of the City's business. Upon reaching such conclusion, but in any event, within ten (10) working days of the receipt of the grievance statement, the Human Resources Director or designee shall issue a written decision on the grievance appeal.
10.07 Formal Grievance--Level III
If the grievance has not been disposed of at Level II, the grievant, within ten (10) working days after receipt of the Human Resources Director's written reply at the completion of Level I I, shall forward the s aid written grieva nce to the City Manager or designated representative. The City Manager or designated representative shall review the facts and issues and further investigate as is necessary and wil l reach a conclusion at the earliest date consistent with the nature of the investigation and within normal conduct of the City's business. Upon reaching such conclusion, but in any event, within ten (10) working days of the receipt of the grievance state ment, the City Manager or designee shall issue a written decision on the grievance appeal.
10.08 Arbitration
Within ten (10) working days of the receipt of City Manager's final decision, the Grievant may request arbitration by filing a written request to the Human Resources Director.
If either the City or the grievant so re quests, the arbitrator shall hear the merits of any issue raised regarding the arbitr ability of a grievance first. No hearing on the merits of the grievance will be conducted until the issue of arbitrability has been decided.
The parties shall request a list of seven (7) arbitrators within ten (10) working days after receipt of the empl oyee’s request for arbitration from the California State Mediation and Conciliation Service.
The fees and expenses of the arbitrator and the certified court reporter shall be shared equally by the City and the grievant, or employee organization, if the e mployee organization represents the grievant at the arbitration. The services of the certified court reporter are optional; however, if any party and/or the arbitrator desires a certified court reporter, a court reporter will be employed. The parties will share the cost of the Court Reporter, including the original transcript, and shall pay for thei r own copies of the transcript. However, if 1) the arbi trator does not de sire a transcript or require a court reporter, and 2) a party states in writing before the beginning of the hearing both that the party (a) does not desire a court reporter and (b) w ill not order a transcript, that party shall not be resp onsible for paying any portion of the cost of the court reporter. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other.
The arbitrator's power and author ity is limited to the interpretation of this Agreement.
The arbitrator shall be without power or autho rity to render any decision or award that requires the City or the administration to do an act prohibited by law.
10.09 Decision - Final and Binding:
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16 The decision of t he arbitrator shall (a) be made in writing within thirty (30) working days of the close of the hearing or the submission of written briefs; and (b) shall be final and binding upon both parties.
10.10 Waiver of Steps or Time Limits:
Notwithstanding any provision in this section, any time limit or stage of the procedure specified in this section may be waived or extended upon written consent of all parties involved.
SECTION 11.00 - WORK SCHEDULES
11.01 Employees shall work a 40-hour workweek. The Department Head shall have the authority to review, and as necessa ry, modify the work schedule each April 1 and September 1. However, any such modification shall not include changing from a four- day work week to any al ternative schedule without meeting and conferring on the specifics of the proposed change. Said schedu le shall be circulated 30 calendar days prior to the beginning of each April 1 and September 1, r espectively to all affected employees. In establishing the schedule, cons ideration shall be given to the staffing needs of the department and the concerns of the employees. It is understood and agreed, however, that this shall not restrict or limit the a bility of the City to modify schedules to respond to eme rgencies or immedi ate service needs of the City.
Management retains the sole right to determine scheduling needs.
Employees will work a 4 -10 (four ten -hour shifts per work week) work schedule. The following conditions will apply for employees assigned to work the 4/10 work schedule:
Employees on the same work crew will work the same work schedule. Employees will work ten -hour shifts on four consecutive days per week, unless both parties agree to exception(s).
Standard work hours for the 4/10 work schedule will be:
o Day Shift: 7:00AM – 5:30PM
o Evening Shift: 2:00PM – 12:30AM
Employees of a particular work crew with MEA consent may submit a request to their Manager for their start/end time to be adjusted for the entire work crew. The request will specify the crew(s) to be affected by the proposed adjustment. Upon the written approval of the Department Director, the start/end time of a crew’s shifts may be adjusted for a specified duration and may be subject to change at any time based on operational needs
Employees will have a 30-minute unpaid lunch break. Rest breaks will not be taken consecutively or combi ned with the lunch break, but shall be scheduled approximately midway between the lunch break a nd the beginning and end of each shift.
An employee may re quest to change th eir day off on the regular schedule from Monday to Friday, or Friday to Monday, if ap proved by the Manager and/or Department Head. Intermittent trades of days off is discouraged. The Manager or Department Head must approve any change in advance and determine that the change will not disrupt workload or coverage.
On a quarterly basis, the City and MEA will evaluate the efficiency of the 4/10 work schedule and identify areas for improvement during the regularly scheduled Labor-Management Meetings.
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17 11.02 In all cases, employees who are assigned to shifts in which one -half of their hours fall between the hours of 6:00 p.m. and 8:00 a.m. three or more times within an established work week shall receive a five percent (5%) premium for all h ours worked . The 5% premium shall be calculated on the employee’s base hourly rate of pay.
SECTION 12.00 - WORKING TITLES
12.01 It is agreed that working titles may be adop ted within established job classifications with approval of the Department head.
SECTION 13.00 - TEMPORARY APPOINTMENTS
13.01 Any employee receiving a temporary appointment to a vacant position shall serve in accordance with the City's Personnel Rules and Regulations. Any employe e who has satisfactorily served in a temporary capacity for three months or longer and is selected for a permanent appointment to the same class by the appointing authority, shall receive credit towards completion of the probationary period for the duratio n of the temporary appointment from the first date of the assignment. A performance appraisal of the employee is required at the time of the permanent appointment.
SECTION 14.00 - ATTENDANCE
14.01 General:
Employees shall be in attendance at the ir work place in accordance with the rules regarding hours of work, holidays, and leaves.
14.02 Unauthorized Absence:
14.02.1 An employee whose absence is not authorized shall not receive pay or benefits for the absent period and may be subject to disc ipline. Failure on the part of the employee absent without leave to return to duty s hall be grounds for discharge. It shall be the responsibility of an employee absent without le ave to notify the Department Head of the reason the employ ee is absent and o f the employee’s availability for duty.
14.02.2 Any employee shall report his/her ab sence at or prior to the beginning of shift of the same day to the supervisor or higher authori ty. Failure to do so may result in unauthorized absence.
14.03 Breaks:
Employees shall be entitled to the privilege of two 15 -minute breaks during each standard work day.
14.04 Responsibility to Maintain Service:
No employee shall schedule a break at such time as to leave the office in which the employee works unstaffed.
14.04.1 Persons whose responsibility includes public contact shall advise a responsible person in their office before leaving for a break.
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18 14.04.2 Persons alone in an office should leave a sign on the door, lock the door, and advise the receptionist before leaving for a break, in order to ease the handling of incoming phone calls and customers that may call at the office.
14.05 Limitations for Breaks:
14.05.1 For work days from 8:0 0 a.m. to 5:00 p.m. or 7:00 a.m. to 5:30 p.m. , the morning break shall be ta ken between 9:30 a.m. and 11:00 a.m., and the afternoon break shall be taken between 2:30 p.m. and 4:00 p.m.
14.05.2 For irregular work days, breaks shall be taken after the first one and one -half hours and before the last hour of each half shift.
SECTION 15.00 - PAY PLAN
15.01 Advancement shall not be automatic but shall depend upon increased service value of an employee to the City as exemplified by the recomme ndations of the supervising official, length of service, p erformance record, special training undertaken or other pertinent evidence. No salary advancement shal l be made so as to exceed the maximum rate established in the pay plan for the class to which t he advanced employee’s position is allocated.
The following is the basis of compensation for Employees on a five-step range.
15.01.1 Step “A” is the minimum r ate for a position and shall be the hiring rate for said position. Initial appointment at a ra te higher than step “A” may be made in the case of an unus ually well qualifi ed person or where other special conditions warrant, but only with the approval of the City Manager.
15.01.2 Step “B” represents an incentive adjustment. An employee shall be eli gible for step “B” only after completion of one year from the date of employ ment on recommendation from the Department Head and approval of the City Manager.
15.01.3 Step “C” represents the rate at which a qualified and experienced employee should be paid after a reasonable period of service. An employee shall become eligible fo r step “C” only after he/she has proven himself/herself satisfactory in the given cla ssification for a period of at least one year after completion of his/her probationary period, upon recommendation of the Department Head and approval of the City Manager.
15.01.4 Step “D” represents an incentive adjustment for satisfactory performance an d increased effectiveness. An employee shall become eligible for step “D” after completion of one year at step “C” upon recommendation of the Department Head and approval of the City Manager.
15.01.5 Step “E” represents an incentive adjustment for increa singly satisfactory performance. An employee shall be eligible for step “E” after completion of one year at step “D” upon recommendation of the Departme nt Head and approv al of the City Manager.
15.01.6 A merit increase prior to the normal anniversary dat e may be granted to a Permanent Employee for outstanding performance or unusual employment conditions at any time, on the recommendation of the Departmen t Head and the approval of the Human Resources Director or City Manager.
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19 15.02 Performance Appraisal R eview - Performance appraisals are an important personnel tool, and the City should endeavor to conduct them in a timely manner.
15.03 The City shall ev aluate employees a nnually, (1) from their date of hire, or (2) th e date they entered their class (when promoted or demoted the classification date shall supersede the hire date). In any case, an e mployee shall be evaluated at the completion of probation, be it initial, or as a result of promotion. If an employee does not receive a performance appraisal on the date it is due and is not at top step of the salary range for his/her classification, the Human Resources Department shall process the forms necessary to advance the employee to the next step in the pay range effective with the nearest full pay perio d to eligibility. The nearest full pay period is defined in Section 15.06. Supervisors must complete a Performance Appraisal Review (PAR) on a timely basis if they intend to withhold a step advancement for the employee.
If a supervisor subsequently fi nds that the employee would have been entitled to a step increase (under this Section) as of th at due date, the step increase shall become effective retroactively as of th e due date of the performance appraisal. If an employee does not receive a performan ce appraisal within at least 30 working days after it is due, the employee shall have the right to file a grievance under Section 10 of this Understanding.
15.04 Salary Following Promotion:
Employees receiving a promotion shall receive at least a 5% inc rease in salary unless limited by the maximum salary range.
15.05 In the event an employee rec eives overpayment by the City, the employee shall reimburse the City for the total overpayment. Typically, such repayment shall occur over a schedule equal to the amount of time over which the overpayment occurred. However, at the employee’s request, the City may extend such repayment over a longer period, to be determined by mu tual agreement of the employee and the Director of Financial Services.
15.06 All salary advancements specified within this section shall be effective with the nearest full pay period to eligibility. The nearest full pay period shall be defined as follows:
For eligibility dates which fall within the first seven (7) days of a pay period, any increase shall be effective at the beginning of that pay period.
For eligibility dates w hich fall within the second seven (7) days of a pay period , any increase shall be effective at the beginning of the following pay period.
15.07 “Y” Rate Policy - Whenever an employee would sustain an actual decrease in salary as a result of downward reclassification or reorganization within an existing department unit, without fault or inability on the part of the employee, the City Council shall adopt a “Y - Rate” to apply only to the employee so attached. A “Y -Rate” is defined as a monthly salary rate for an individual employee, which is greater than the establi shed range for the employee’s class. An employee for whom a “Y -rate” is established shall not receive an increase in salary until such time as the employee’s rate of compensation is within the esta blished range for the employee’s class. An employee who a ccepts a reassignment to a lower paid position in lieu of layoff shall not be “Y-Rated.”
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20 SECTION 16.00 - SALARY
16.01 The monthly salary schedule labeled Appendix “A” and attached hereto is hereby made a part of this Memorandum of Understanding.
16.02 Retroactive to July 1, 2023, the salary schedule previously in effect shall be increased by 4%.
Effective the first pay period in July 2024, the salary schedule previously in effect shall be increased by 4%.
SECTION 17.00 - OVERTIME
17.01 Where, in the course of performing their duties, it is necessary for an employee to work more than their standar d 40-hour workweek, said employee shall be compensated as described in this section.
17.02 A minimum of three hours pay or its equivalent in compensatory time off at the option of the employee shall be guaranteed for any empl oyee, at the rate of time and one-half, who after leaving their employee’s place of duty is required without prior notice to return for emergency duties between the hours of 10 p.m. and 5 a.m.
17.03 All other overtime, scheduled or unscheduled, shall be c ompensated at the rate of tim e and one -half pay or the equivalent in compensatory time off at the option of the employee, however, that employees require d to work up to ei ght (8) minutes beyond their normal work hours shall not receive overtime. For pur poses of computing overtime pursuant to this section the City will apply a rounding up policy to the nearest quarter hour
17.04 Overtime occurring on a paid City holiday shall result in pay, or compensatory time off, at the rate of time and one-half in addition to base pay.
17.05 Compensatory time off (CTO) credits may be accrued by employees, up to a maximum of 240 hours on the last day of the pay pe riod that includes June 1st of any year.
Employees shall receive pay for the hours of compensatory tim e off earned which exceeds the 240-hour limit in pay period 12.
17.06 In the event an employee is required to work overtime beyond his/her regular shif t and does not rec eive at least four (4) hours off before the next day's shift, he/she shall be deemed not to have left work and shall receive overtime compensation, until a break of four (4) hours or greater is taken.
17.07 After working overtime and not having at least e ight consecutive hours of off duty, an employee shall not be required to report to wo rk until eight hours after the completion of the overtime assignment, or such amount as may be required by federal or State of California authorities for employees holding a Commercial Driver License. The employee shall be paid from the beginning of the employee’s next regular shift.
17.08 Permanent MEA employees will be given the first priority in the assignment of scheduled and unscheduled overtime. Te mporary employees will not be assigned to scheduled or unscheduled overtime if appropriate permanent em ployees are reasonably available or except in the case of an emergency and/or immediate service need of the City.
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21 17.09 Paid accrued leave, specifically sick leave, vacation leave, workers' compensation leave, or compensatory time off, taken by an employe e during any work week shall be counted as hours worked for the purpose of calculating overtime.
17.10 In the event an employee is assigned to work over time that is not pre-arranged, the City will provide meal allowance stipends under the following conditions:
17.10.1. An employee required to begin work two or more hours prior to the start of their regular work shift is eligible to receive a $15 meal allowance stipend.
17.10.2. An employee required to work two or more hours past the end of their regular work shift is eligible to receive a $25 meal allowance stipend.
17.11 All overtime is subject to prior authorization from the supervisor.
SECTION 18.00 - STANDBY ASSIGNMENT
18.01 The City reserves the right to assign employee s to standby status during non -work hours, including week nights, weekends and holidays. Employees assigned to this status shall be required to be avai lable for immediate return to work upon notification by their supervisor or the Police Department Commu nications Dispatcher. No employee shall be required to respond to a call back via cell phone, pager or other electronic device provided by the City unles s they are compens ated for such time waiting or on Stand-by.
When assigned to standby status, the following conditions shall apply:
18.01.1 Standby assignments shall be made to Maintenance Worker II's or higher with a Class B license and tanker endorsement.
18.01.2 A City vehicle shall be provided for use by the employee.
18.01.3 Substitutions must be done in accordance with the Standby SOP Section 4d.
18.01.4 Travel precluding reasonable response time shall not be permitted.
18.01.5 Failure to respond shall aut omatically result in a loss of compensation for the shift of standby during which the failure to respond occurred and may cause further disciplinary action if warr anted when taking the circumstances into consideration.
18.01.6 Preliminary standby schedule s for a six -month period shall be prepared six weeks in advance. The schedule shall be distributed to standby eligible personnel for a two-week review for changes prior to release.
18.01.7 Employees shall have the right to refuse a sta nd-by assignment o nly in the case of a personal emergency defined as a time -sensitive and serious or li fe- threatening medical situation for the employee or the employee’s immediate family member, or in the case of the death of an employee’s immediate famil y member. Employees have the right to execute changes (trades), 7 days prior to their scheduled standby shift. In the event of a trade, the originally assigned standby employee shall bear the responsibility for finding their replacement per the Standby SOP Section 4d.
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22 18.01.8 No employee shall be assigned mandatory stand -by when at least two volunteers are available for assignment.
18.01.9 Standby shifts are Mondays starting at 5:00pm to Thursdays at 5:00pm and 5:00pm Thursdays to Mondays at 7:00am fo r a total of 2 shi fts per week.
Employees will be compensated $240 for weekday shifts and $360 for weekend shifts per week. For each holiday which occurs an employee is on stand-by, the employee shall receive an additional $100 dollars.
18.01.10 Employees on stand-by who are contacted and consulted by telephone about a City emergency between the hours of 10 p.m. and 5 a.m. and who provide advice, shall be paid at an overtime rate or the equivalent in compensatory time off for the actual time on the phone, or one hour or th e equivalent in compensatory time off, whichever is more.
18.01.11 Employees must complete lateral cross-training within a year to be considered for the stand -by program in an area outside of their assigned area (e.g. utility, facilities, signal, pump station alarm, etc.).
18.01.12 Employees on light duty or with a performance below stan dard (2 or less) will not be eligible for standby duty.
18.01.13 This section shall be administered in conjunction with the Standby SOP.
SECTION 19.00 - BILINGUAL ASSIGNMENT
19.01 Effective February 3, 2015, bilingual pay was eliminated. Those emplo yees receiving bilingual pay at the time of the elimination shall retain the pay.
SECTION 20.00 - WORK OUT OF CLASS
20.01 The City agrees tha t upon specific assignment by the Department Head, or the designated representative, an employee may be required to perform the duties of a higher classification. Such assignment shall be made only to existing authorized positions.
20.02 Employees assign ed to duties of a higher class for at least one shift shall be compensated at a rate of 10% above the employee’s current base salary while working out of class, except where such increase exceeds the pay range allocated of the assigned po sition. The emplo yee shall be compensated at the appropriate rate commencing with completion of one sh ift. Assignments shall not be made for less than one shift. Should an assignment be made for less than one shift , the 10% rate sh all be paid for the full shift.
20.03 General:
(a) Work out of class assignments shall be given on a rotational basis, wh en practical.
(b) Work out of class assignments shall not, as a matter of routine practice, be given to probationary employees or Maintenance Worker I's.
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23 (c) Work out of class assignments shall not, as a matter of routine practice, be given to employees performing at less than a competent level as determined by the last performance appraisal.
20.03.1 Out of class Supervisor assignment s shall be made (a) when a supervisor is unavailable for one shift, (b) usually to the next lower classification in the section, (c) for specific assignment where a lower classification must serve in a capacity of a higher class, (d) when required to perform the duties of a classification wit h a higher pay range and outside the bargaining unit (i.e., inspection work in lieu o f a Public Works Inspector). Should an assignment be made for less than one shift, the 10% rate shall be paid for the full shift.
20.03.2 Out of class Maintenance Worke r III assignments shall be made (a) in the scheduled or unscheduled absence of the II I n ormally assigned, (b) when assigned to operate certain heavy equipment. Exception: Work out of class assignments may not be made where permanent sche dules exist withou t an assigned Maintenance Worker II on duty.
20.04 Exceptions to this policy due to working conditions and/or the needs of the City may be approved by the Department Head.
20.05 An employee seeking additional training in another class may waive his/her right to work out of class pay in order to pursue desired training.
SECTION 21.00 – VACANT POSITIONS AND LATERAL TRANSFERS
21.01 Employees shall be considered for lateral transfer subject to the following conditions:
21.01.1 The transfer must be recommended by both the outgoing and incoming supervisor and approved by the Department Head.
21.01.2 The transfer must be approved by both the outgoing and incoming Department and/or Division Head. Employees hired o n or after January 1, 2007 must be within the same classification to be eligible for a lateral transfer. Any employee within the same classification who can clearly demonstrate knowledge and experience would be eligible to apply.
21.01.3 Probationary employees shall not be eligible for lateral transfer.
21.01.4 Employees who are transferred by request b etween Departments or between different Classifications shall be subject to a new six -month Probationary Period. Employees failing to complete Probation following such a transfer shall be reinstated to the Position from which transferred.
21.01.5 Employees who are performing “below expectations” or “unsatisfactory” shall not be considered. This shall be determined by examination of the most recent employee appraisal on f ile. If the appraisal on file is more than twelve (12) months old, a new appraisal s hall be done prior to the time the transfer is finalized.
21.02 The City will make reasonable effort to fill vacancies within six (6) months of a positi on becoming open. All vacant permanent positions shall be opened to lateral transfer and/or DocuSign Envelope ID: 6077319C-E1DB-49E4-88E4-863169A7CB12
24 internal pr omotional candidates prior to consideration for filling that position from an outside source. Recruitments that do not yield at least three internal can didates may be open to recruitment from an outside source.
21.02.1 Written notice of a vacant permanent position shall be circulated by the Human Resources Department to all employees of the bargaining unit. The notice shall include the opening and closin g dates for the ac ceptance of lateral transfer requests.
21.02.2 A period of ten (10) working days sha ll be allowed during which written requests for lateral transfer must be submitted by any interested employee.
21.02.3 Requests shall be reviewed, and a ll applicants noti fied of their status and scheduled for an oral interview within five (5) working days of the closing date.
21.02.4 Oral interviews of eligible employees shall be conducted by the hiring supervisor. Lateral transfer applicants shall be r ated using a ratin g form pre - approved by the Department Head.
21.02.5 Written notice of the results of the interview process shall be made by the incoming supervisor within five (5) working days of the last interview.
21.02.6 Exceptions to the above process due to working conditions and/or the needs of the City may be approved by the Department Head.
SECTION 22.00 - HOLIDAYS
22.01 The following shall be paid holidays for employees:
1. January 1 (New Year's Day)
2. Third Monday in January (Observance of Dr. Martin Luther King Jr's Birthday)
3. February 12 (President Lincoln's Birthday)
4. Third Monday in February (Observance of President Washington's Birthday)
5. Last Monday in May (Observance of Memorial Day)
6. July 4 (Independence Day)
7. First Monday in September (Labor Day)
8. November 11 (Veteran's Day)
9. Thanksgiving Day
10. Day after Thanksgiving
11. Christmas Eve
12. Christmas Day
13. Each employee shall be credited with one (1) floating holiday each calendar year, which must be used by December 31, or it is lost without co mpensation. Section
22.03 applies in the case of the floating holiday.
14. In the event a holiday falls on a Sunday, the following Monday will be observed as the holiday instead.
15. In the event a holida y falls on a Saturd ay, the preceding Friday will b e observed as the holiday instead.
16. Any other holid ay declared by the City Council as a City holiday for City employees.
DocuSign Envelope ID: 6077319C-E1DB-49E4-88E4-863169A7CB12
25 17. For other than 5 -day work weeks, any work week which includes one or more holidays shall be reduced in hours commensurately. The number of days worked during the work week shall be subject to the approval of the Department Head.
18. Employees shall be permitted to take Good Friday as a vacation day by submitting a written request a t least two weeks i n advance to the Department Head.
22.02 Where one of these holidays falls on a working day, employees shall be granted the day off with eight-hours of pay and City offices shall be closed except for such municipal services that must be maintained on an ar ound-the-clock basis seven days a week.
Employees who work less than full -time shall be entitled to credit for paid holidays on a pro-rated basis. Employees required to perform their regular duties on a holiday shall be granted pay or compensatory time off, at the rate of time and one-half in addition to base salary. For the purposes of this section, a holiday shall be deemed to begin and end at 12 midnight.
22.03 When a holiday falls on a full -time employee’s scheduled workday, the e mployee is entitled to be paid only eight (8) hour s of holiday pay. If the workday is a ten (10) hour day, the employee may use two (2) hours of vacation or CTO to receive pay for the full shift. If the employee does not have any avai lable balances, the employee may use two (2) hours of unpaid leave.
22.04 Employees who work less than full -time shall ear n holiday leave on a pro -rated basis based on their regularly scheduled assignment.
22.05 Holiday Closures
In addition to the recognized holidays, City Hall and selec ted operation will be clos ed to the public during the period beginning from the Chris tmas Eve holiday through the New Year’s Day holiday. Essential services including, but not limited to Police and Fire, will continue to operate and certain events will be held as scheduled. Dep artment Directors will determine which services and facilit ies will remain open. The MOU’s provide that when a holiday falls on a Saturday, it is recognized on the preceding Friday, and when a holiday falls on a Sunday it is reco gnized on a Monday. When the recognized holidays of Christmas Eve and Christmas fall or New Year’s Eve and New Year’s Day fall on a Friday and Saturday, the holidays shall be recognized on Thursday and Friday of that week. When the re cognized holidays of Christmas Eve and Christm as fall or New Year’s Eve and New Year’s Day fall on the Su nday and Monday, the holidays shall be recognized on the Monday and Tuesday of that week.
As this period of time is generally a slower time for cond ucting business and many employees enjoy takin g this time off, it is an ideal time to close. However, we also understand that there are some employees who will want to work and some employees that will need to work, depending on the needs of the City and the employee’s position.
For instance, an employee from Finance and HR will be working on at least one of those days, possibly two to work on payroll.
City employees may participate in the Holiday Break on a voluntary basis. If employees prefer to work, they are to notify their supervisor in advanc e to make arrangements for an assignment. Employees may be assigned to perform work outside of their usual assignment and possibly outside of their department.
DocuSign Envelope ID: 6077319C-E1DB-49E4-88E4-863169A7CB12
26 Employees will be permitted to work during thi s period of time, ta ke vacation, compensatory time off or take leave without pay depending on the business needs of the City.
All requests to take time off will need to be approved by the Department Head as they will need to determine the business needs of the City.
The con tinuation of the holiday c losure is subject to the sole discretion of the City Council. As City Council members change, the parties recognize the decision to continue the holiday closure period may also change. The City will give a 14- day notice of any such change.
SECTION 23.00 - VACATION LEAVE
23.01 All employees shall be entitled to paid annual vacation leave beginning at the end of the first six months of service with the City , unless expressly authorized. However, vacation credits shall be accrued beginning with the date of initial appointment. The accrual rates, in hours per pay period, are as follows:
40 Hour
Workweek
Hours/pay period
From date of hire through the fourth year of employment 3.38 From fifth through ninth year of employment 4.92 From tenth through fourteenth year of employment 6.46 From fifteenth through nineteenth year of employment 8.00 From twentieth year of employment and on 9.53
23.02 Employees who work less than full time shall earn vacation credits on a pro-rated basis based on their regularly scheduled assignment.
23.03 Each employee shall be required to have served the equivalent of one year of continuous service in the Ci ty in order to be eligible for the employee’s full annual vacation leave, provided ho wever, that after six month of continuous service, the employee may be permitted to take vacation leave not to exceed 40 work hours, depending on the employee’s regular work schedule.
23.04 The times during a calendar year at which an employee may take vaca tion shall be determined by the department head with due regard for the wishes of the employee and particular regard for the needs of the municipal ser vice. If the requir ements of the municipal service are such that an employee must defer part or all of h is/her annual vacation in a particular calendar year, the appointing power shall permit the employee to take such deferred vacation during the followin g calendar year or allow the employee to cash out said vacation at his/her option, to the extent of the deferred portion.
23.05 No employee may accumulate and carryo ver more than 300 hours of vacation as of the last day of the pay period that includes June 1st without the expres s written consent of the City Manager. All hours in excess of 300 hours will be cash ed out in Pay Period 12.
No employee shall be allowed t o be on paid leave for a period of over 225 consecutive work hours.
DocuSign Envelope ID: 6077319C-E1DB-49E4-88E4-863169A7CB12
27 23.06 In the event one or more municipal holidays f all within the annual vacation leave, such holidays shall not be charged as vacation leave.
23.07 Upon separation from the City for any reason, a n employee shall be compensated for accrued vacation leave.
23.08 Approval shall be granted after t he supervisor and de partment head give consideration to the employee’s wishes and the needs of the City. Employees may change vacation dates with the approval of the department head. In the event, the needs of the City necessitate canceling of vacation scheduled for a minimum of 90 days in advance, which results in a financial loss to an employee, the City shall reimburse the employee the full amount of loss pr ovided the employee demonstrates the impossibility of obtaining a refund and can document the am ount of loss. At th e time of making an expenditure, each employee shall advise the department head of th e amount of said expenditure. In the event an employee fails to advise the department head, the employee may lose all rights to reimbursement.
An e mployee may elect to cash out vacation leave accruals as either (1) a Future Vacation Leave Accrual Cash -out or (2) an Emergency Vacation Leave Cash-out, in accordance with the provisions below:
1. An employee whose annual vacation leave accrual is 120 hours or less may elect to cash out a maximum of 40 hours of accrued annual vacation leave per calendar year.
2. An employee whose accrued annual vacation leave exceeds 120 hours may elect to cash out a maximum of 80 hours per calendar year.
3. An employee who cashes out the maximum vacation accruals under the Future Vacation Leave Accrual provisions shall no t be eligible for Emergency Vacat ion Leave cash-out in the same calendar year.
4. Future Vacation Leave Accrual Cash-out Eligibility:
(a) The employee uses at least one full workday of paid vacation leave in the calendar year the election request is submitted.
(b) Between November 1 st of each year through the end of the first full pay period in December, an employee wishing to cash out future vacation accruals in accordance with the provision above may make a request by completing and submitting an Irr evocable Vacation Cash Out reques t form to the Director of Human Resources. Forms that are received after the first full pay period of December shall be ineligible for re ceiving the cash out the following calendar year.
Once the election is made, it is irrevocable, meaning the employee s must cash out the elected number of accrued vacation hours during that calendar year. If the employee does not sele ct a date to receive the cash out, the employee will be paid with the paycheck coinciding with the last pay period of the calendar year. (c) The employee will select either pay period 7, pay period 13, pay period 19 or pay period 24 to receive the cash -out; however, in no cir cumstances can an employee receive payment for future vacation accrual cash -out until the employee has actually accrue d that number of vacation hours. For example, an employee earning 5 hours of vacation per pay period, who wishes to c ash out 40 hours of vacation accruals, may receive their cash-out accrual any time after eight pay periods have passed. (d) As a condition of applying for cash -out, an employee must consent to future payroll deductions (in accordance with Section 7 below) for necessary withholdings of required taxes.
(e) All cash -outs of future vacation accruals will be inclu ded in an employee’s regular paycheck.
5. Emergency Vacation Accrual Cash-out
(a) An employee may request to cash -out vacation due to an unanticipated emergency that is ca used by an event beyond the control of the employee and DocuSign Envelope ID: 6077319C-E1DB-49E4-88E4-863169A7CB12
28 when the employee can demons trate that it would result in sev ere financial hardship to the employee if early withdrawal were not permitted. Severe financial hardship to the employee includes:
i. Losses resulting from a sudden and unexpected illness or accident of the employee or of a qualified family member.
ii. Losses o f the employee's property due to casualty, or other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the participant.
iii. Losses that can be resolved through reimburseme nt or compensation by insurance o r otherwise, liquidation of the participant's assets, to the extent the liquidation of such assets would not itself ca use severe financial hardship, or by cessation of voluntary deferrals to a 457 plan shall disqualify an e mployee from being eligible to re ceive Emergency Vacation Accrual Cash-out.
iv. Or any other reason as allowable per the IRS.
(b) Emergency Vacation Accrual Ca sh-out shall be limi ted to the amount of leave necessary to address the nature of the emergency and shall not exceed the maximums identified if section 23.09 (1) through (3).
6. Vacation leave may not be carried -over to cash -out in subsequent years, except upon separation from City service.
7. The Union understands and agrees that employees have a responsibility to pay their taxes in accordance with IRS regulations. Therefore, any adjustments for prior taxes shall be deducted from an employee’s paycheck. The Ci ty shall provide the employee a fourteen (14) calendar day notice before taking any payroll deductions for this purpose. For amounts grea ter than $100, the employee may request the deductions be taken over a period of sequential pay periods, not to exceed eight (8) pay periods.
SECTION 24.00 - SICK LEAVE
24.01 Employees shall be granted paid sick leave cr edits beginning with the date of original employment at the rate of 3.69 hours for 40-hour employees on a bi -weekly basis.
Employees become eligible to take accrued sick leave upon completion of one full month of continuous services. Sick leave shall not be considered as a privilege wh ich an employee may use at the employee’s discretion but shall be allowed only in case of necessity and actual sicknes s or disability. Med ical or dental appointments may be charged against sick leave but shall be limited to a maximum of four (4), hours pe r appointment and should be scheduled and approved in advance. Approval of sick leave for appointments in excess of f our (4) hours are sub ject to the discretion of the Department/Division Head. The Human Resources Director shall direct and enforce such a dministrative control as may be necessary to prevent abuse of sick leave privilege.
24.02 Employees who work less than full-time shall earn sick leave on a pro-rated basis based on their regularly scheduled assignment.
24.03 The City agrees to provide CalPERS Credit for Unused Sick Leave (GC 20965) provision—see MOU section 31.0 —for all employees retiring from the City through CalPERS.
24.04 Sick leave cash out for existing employee’s “IRS Constructive Receipt”: Employees hired on or before July 17, 1999, with five (5) or more years of service wishing to cash out DocuSign Envelope ID: 6077319C-E1DB-49E4-88E4-863169A7CB12
29 future sick leave accru als may make a request by comple ting and submitting a n Irrevocable Sick Leave Cash Out request form to the Director of Human Resources.
Forms will be accepted between November 1st of each year through the end of the first full pay period in December. Payou t shall be in accordance with ap propriate pay out formulas described in Section 24.05. However, the maximum annual amount shall not exceed 50% of employee’s sick leave balance. Employees eligible for this benefit shall at all times maintain a sick leave balance of at least 240 hours.
24.05 For employees hired on or before July 17, 1999, the City agrees to provide CalPERS Credit for Unuse d Sick Leave (GC 20965) or pay an employee who is separating from the City in good standing with at least five (5) ye ars of service an amount equal t o 2.5% per year of service for unused accrued sick leave. The pay -out formula shall be 2.5% x years of ser vice x highest hourly rate x sick leave hours accrued. Good standing shall be based on the employee’s overall work r ecord and the decision of the Hu man Resources Director.
SECTION 25.00 - FAMILY LEAVE
25.01 Employees with available sick leave accruals may use such sick leave for family medical purposes when a member in the employee’s immediate family is involved.
25.01.1 In this section, family medi cal purposes shall mean illness, accident, medical appointments or other related occurrences.
25.01.2 Immediate family is defined to include: mother, mother -in-law, father, father-in- law, spouse, domes tic partner, brother, sister, so n, da ughter, grandpare nt, grandchild, adoptive parents or adoptive children, whether the immediate family is of the employee’s or the employee’s spouse’s family.
25.01.3 Each employee shall be allowed to use a maximum of u p to half (50%) of the employee’s annual earned sick l eave per calendar year for this purpose.
Additional leave may be granted in unusual circumstances by the Human Resources Director.
25.01.4 Employees may use accrued sick leave up to fourteen (14) co nsecutive calendar days leave fo r birth or adoption of a child beginning with the day of adoption or birth.
SECTION 26.00 - COMPASSIONATE LEAVE
26.01 The City agrees to provide compassionate leave when death occurs due to the death of to a member of the employee’ s immediate family, no t to exceed one work week (40 hours). Compassionat e leave shall be used within 1 year from the date of the death unless otherwise authorized by the City Manager. An employee shall not be eligible to take compassionate leave during the ir last 40 hours of em ployment nor after they have submitted their resignation or notice of retirement.
26.02 Immediate family is defined to include: mother, mother -in-law, father, father -in-law, spouse, domestic partner, brother, sister, son, daughter, grandp arent, grandchild, adoptive parents or adoptive children, whether the immediate family is of the employee’s or the employee’s spouse’s family.
DocuSign Envelope ID: 6077319C-E1DB-49E4-88E4-863169A7CB12
30 26.03 Salary paid during this leave is not deducted from any leave balance. Additional leave may be granted in special circumstances by the Human Resources Director.
26.04 In special circumstanc es, the Human Resources Director may allow an employee to utilize compassionate leave for individuals who are not members of the employee’s immediate family.
SECTION 27.00 - MILITARY LEAVE
27.01 Military leave shall be granted in accordance with the provision of State and Federal law.
All employees entitled to military leave shall give the appointing power an opportunity within the limits of military regulation s to determine when such leave shall be taken. An employee shall notify and provide applicable orders to the Department Head of the need for military leave as soon as possible after learning of the need.
SECTION 28.00 - WORKERS’ COMPENSATION LEAVE
28.01 Employees unable to work because of a work -related illness or injury are eligible for workers’ compensation leave, provided that the Employee has notified superiors of the illness or injury and the claim has not been denied by the Human Resources Director or worker's compensation insurance administrator authorized by the City.
Workers’ Compensation leave shall be 100% of regular pay for two (2) calendar weeks (80 hours or 75 hours, depending on the employee’s regular work schedule), followed by 80% of regular pay for six weeks (32 hours or 30 hours per week, depending on t he employee’s regular work schedule) to a maximum of sixty (60) calendar days. This leave shall cover all time off from work related to the injury, including doctor’s appointments and therapy treatments, provided that s aid hours do not exceed available workers’ compensation leave. Leave accruals shall be prorated accordingly.
In addition, any employee incurring such an injury or disability shall b e entitled to compensation to the extent provided in the State Workers’ Compensation Insurance Act.
An empl oyee who is on an approved Workers’ Compensation leave, may utilize their leave accruals to integrate pay so as to receive one hundred percent (100%) of their pay for the time they would have been normally scheduled to work. An employees who has exhausted eligible workers’ compensation leave are required to utilize available leave accrual balances (such as sick, vacation, comp time, etc.) to cover any period of unpaid absences.
a) Upon expiration of available workers’ compensation leave, all time lost (i ncluding doctors' appointments and therapy trea tments less than one full workday) shall be charged to earned vacation and sick leave, if available. b) When an employee ch ooses to integrate leave balances, upon expiration of available earned comp time, vacation and sick leave, the employee shall only be entitled to receive Workers’ Compensation payments, as specified by law.
28.02 An employee returnin g from a work-related injury shall submit a medical release by a medical practitioner indicating the employee is able to perform the essential job functions with or without restrictions. If the employee is cleared to return to their position with out restrictions, the employee s hall return to their previously held position. If the employee has medical restrictions, the City shall schedule a meeting with the employee to engage in the interactive process to determine if the restrictions can be accommodated. .
DocuSign Envelope ID: 6077319C-E1DB-49E4-88E4-863169A7CB12
31 28.03 Injured employ ees designated permanent and stationary or accepted into a qualified rehabilitation p rogram and unable to return to their prior occupatio ns may retire (if eligible) or involuntarily terminated.
SECTION 29.00 - LEAVE OF ABSENCE
29.01 The Human Resources Director may grant a Permanent employee leave of absence one time per calendar year without pay not to exceed one year. Leave shall be considered upon written request of the Employee.
29.01.1 In evaluating employee requests, the Human Resources Director shall consider the recommendation of the Department Head, departmental workload, the best interests of the Ci ty, the employee’s duration of employment, the employee’s performance record, and the reason for the leave.
29.01.2 Any Permanent employee with a non -work-related injury or medical condition who has exhauste d all sick leave may request a leave of absence with a doctor's certificate. At the City's discretion and expense, the City at any time may require a medical exam at a facility selected by the City.
29.01.3 An employee who is on leave without pay status shall not earn any employment benefits (includin g, but not limited to, such benefits as vacation leave, medical benefits, sick leave, retirement ben efits, credit for time employed or seniority entitlements of any kind) for the period of such status. It is the intent of this subsection that one on leave without pay status is deemed unemployed for the period of such status in terms of earning benefits.
29.01.4 The Human Res ources Director may authorize continuation of the employee’s elected medical and/or d ental coverage for all or part of the duration o f leave without pay. This shall be done only in extraordinary circumstances and when it is deemed to be in the best interest of the City.
29.02 A department head shall have the authority to approve an unpai d leave not to exceed 150 work hours each fiscal year.
29.03 Nothing herein shall preclude an employee from waiving in writing the right to reinstatement as a condition t o approval for a leave of absence. Any employee who waives the right may be reinstat ed in accordance with the City's Personnel Rules & Regulations as if they had been subject to a reduction in workforce, except that they shall be pl aced a t the bottom of a reemployment list for any position for which they qualify.
29.04 Failure on the par t of an employee on leave to report to duty on t he date and time that leave terminates may be cause for discharge.
SECTION 30.00 - LIGHT DUTY
30.01 The City recognizes the importance of providing support and encouragement to employees who are recovering from an injury or illness in an effort to assist in making a complete and healthy recovery. Therefore, the City agrees to make e very reasonable effort to temporarily provide light duty as follows:
30.01.1 Any assignment of light duty shall be conditioned upon receipt of a statement from a physician which either recommends or requires light duty.
DocuSign Envelope ID: 6077319C-E1DB-49E4-88E4-863169A7CB12
32 30.01.2 No employee assigned to light duty shall be required to return to their regular duties without a written release from a physician.
30.01.3 The temporary assignment of light duty may be in any department of the City provided that the assignment is compatible with the employee’s abi lity, consistent with t he written recommendations of the employee’s physician, and is subject to the approval of the Department Head.
30.01.4 Said employee shall not be increased nor reduced in pay or benefit solely by virtue of said temporary transfer.
30.01.5 Provided that t he City may verify said disability by having said employee examined by a physician of the City's choosing at the City's expense.
30.01.6 In the event of conflicting medical opinions, no employee shall be required to accept a light duty assignment.
30.01.7 The City is currently developing a policy on the subject of light duty. MEA agrees to meet and confer with the City during the term of the MOU regarding the policy.
SECTION 31.00 - RETIREMENT
31.01 The City will provide the 2% at 62 CalPERS retirement plan based on the highest 3 year annual average pensionable compensation depending on the eligibility of the new hires, hired on or after January 1, 2013. Employee shall be responsible for the member portion of the contribution to CalPERS retirement.
The City will provide the 2% at 60 CalPERS retirement plan based on the highest 3-year annual average pensionabl e compensation plan to all new hires (Section 20475:
Different Level of Benefits Provided for New Em ployees) hired on or after October 9 , 2011 the effective date of PERS ordinance adopted by the City Council . Employees shall be responsible for the 7% member contribution to CalPERS retirement.
For employees hired before October 9, 2011, the City shall continue, during the t erm of this Understanding, the present retirement plan, commonly referred to as the 2 .7% at 55 plan, including the final year compens ation amendment and 1959 Survivors Benefit in full force and effect. Employees shall be responsible for 8 % member contribution to CalPERS retirement.
31.02 Upon retirement, disability retirement or death, f or those employees who were hired on or before July 17, 1999 only, and who had at least five (5) years of service, the City shall pay the separating employee, or his or he r estate, for unused accrued sick leave. The amount paid shall be equal to 2.5% per year of service for unused sick leave. The pay - out formula shall be: 2.5% x years of service x highest hourly rate x sick leave hours accrued; or
31.02.1 Upon retiring with CalPERS, all eligible employees may participate in the PERS Credit for Unused Si ck Leave (GC 20965) provision of the City’s CalPERS retirement plan.
DocuSign Envelope ID: 6077319C-E1DB-49E4-88E4-863169A7CB12
33 31.03 For the purpose of this section, an employee who is retiring is one who has submitted an application for retirement to the California Public Employees Retirement System (CalPERS) and had it approved.
31.04 Retiree Medical
31.04.1 For employees hired before June 30, 1996, the City agrees to pay the premiums for employee-only health coverage for a ll employees, with at least five (5) years of service, who retire after July 17, 1999 and as long as the employee maintains enrollmen t in one of the City health plans. Employees receiving disability retirements shall be eligible for retiree health coverage until they are covered by another health plan (such as another employer or through a spouse). Retirees may elect to continue cover age for a spouse under the retiree group medical plan provided that the spouse is covered by the gro up plan at the time the employee retires and maintains enrollment. The retiree is responsible for the additional monthly premium.
31.04.2 When the City co ntributes toward retiree premiums, the maximum allowable shall be based on the lowest single rate fo r active employees. Th is maximum allowable City contribution shall not apply to persons who retire prior to the date this MOU is adopted by the Milpitas City Council.
31.04.3 Employees hired after June 30, 1996, shall be subject to the following provisions with respect to the retiree health plan benefits:
Upon completion of the first through the ninth year of service, and upon retirement, the City shall provide 25% of the lowest cost single medical insurance premium payment for the employee only (no mo re than any active employee’s single lowest cost premium rate), as long as the employee remains in one of the City sponsored health care programs.
Upon com pletion of the ninth year, this payment of the retiree's medical insurance shall increase to 50%.
Upon completion of the f ourteenth year, this payment of the retiree's medical insurance shall increase to 75%.
Upon completion of the nineteenth year, this payment of the retiree's medical insurance shall increase to 100%.
31.05 PERS Contract Amendment - Credit for Unused Sick Leave
31.05.1 Effective July 18, 1999, the City has amended its PERS contract to p rovide for the Credit for Unused Sick Leave as s et forth in Government Code Section 20862.8.
31.05.2 All employees hired on or after July 18, 199 9 shall not be entitled to sick leave cash out. Sections 24.03 and 31.02 of the MOU shall not apply to them.
DocuSign Envelope ID: 6077319C-E1DB-49E4-88E4-863169A7CB12
34 SECTION 32.00 - BENEFITS
32.01 The City shall provide active employees the CalPERS medical insurance for health benefits. The total monthly health be nefit per employ ee shall be based on the Kaiser rates for employee, employee +1, and family plan. Only employees who have eligible dependents shall be compensated above the single rate plans.
1. The aforementioned health care plan i s currently being offer ed by the City of Milpitas. The City reserves the right to discontinue offering CalPERS due to the following:
a. The plan imposes exorbitant costs upon the City;
b. The health care carrier refuses to provide services to the City; c. The health care provider no longer offers the services; or d. The health plan is discontinued.
2. If the City discontinues use of CalPERS Health, they will provide a health care provider with similar services.
3. The City will provide a life insurance policy in the amount of $50,000.00 for each employee.
4. The City shall continue to provide a Short-Term Disability Plan at the current benefit level.
5. The City shall continue to provide a Long-Term Disability Plan at the current benefit level.
6. The City will provide a vision plan for each employee and eligible dependents.
7. Payroll deductions fo r benefit costs above the City benefit contribut ion shall be permitted, provided that the City shall not assume unreasonable administrative costs.
8. Employees who are co vered as an eligible dependent under another health insurance plan may waive health c overage and receive a total of one hundred and twenty-five dollars ($125.00) per month, paid bi-weekly ($57.70) over 26 pay periods. Employees who wish t o waive health in surance coverage must complete the City of Milpitas’ “Health Insurance Waiver” indica ting they agree to abide by the terms and conditions of the waiver.
32.02 Benefit Contribution Part Time Employees: The City agrees to contribute monthly premiums for medical, dental and life insurance in an amount to reflect hours budgeted, pro-rated ag ainst the amount contributed for full time emplo yees. For example, if an employee is budgeted to work twenty (20) hours per week, the City will con tribute fifty percent (50%) of the benefit contribution for full time employees. Similarly, if a part -time employee is budgeted to work thirty (30) hours per week, the City will contribute seventy- five percent (75%) of the benefit contribution. The City agrees to provide short -term disability and long -term disability insurance benefits, with similar coverage t o the coverage employees possess, at no cost to part-time employees.
32.03 DocuSign Envelope ID: 6077319C-E1DB-49E4-88E4-863169A7CB12
35 SECTION 33.00 - TRAINING
33.01 If an employee is d irected to participate in a training program, which is related to their job, the City shall provide compensation for the following:
a. Regular wages for time away from the job (if during working hours); b. Overtime or compensatory tim e off whenever an emp loyee’s combined traini ng time and work time exceeds the scheduled work day;
c. Costs of tuition and/or registration for the training; d. Reimbursement for authorized transportation cost to and from the training. (i.e.
Mileage reimbu rsement if an employe e uses their personal a utomobile as allowed by the City. However, if employee s car pool to a training sessi on, only the employee who is the owner of the automobile shall be entitled to mileage reimbursement).
33.02 Participation in a nd successful complet ion of training course may be considered in making employment advancements and promotions.
33.03 The City of Milpitas provides a tuition reimbursement program for educational activities, which are job related and approved in advance by the Department Head and the Human Resources Director. The amount of the fund shall not exceed the amount budgeted for this purpose. Subject to the availability of monies in the fund, individual employees are subject to a total reimbursement of $1,400 per fiscal year. Rei mbursement is subject to the guidelines outlined in the Tuition Reimbursement Standard Operating Procedure (S.O.P. 6-13).
SECTION 34.00 - UNIFORMS
34.01 The City agrees to provide uniform work clothes for MEA employees who are required to wear such uniforms on an annual basis. Uniforms are to identify City employees. Shirts and hats shall hav e the city emblem, department name, and/or the words City of Milpitas.
34.02 The following laundered clothing shall be provided:
(a) Nine (9) work pants
(b) Nine (9) may be the tailored shirts.
(c) Five (5) pair of coveralls
34.02.1 In the event a uniform becomes damaged in the course of work, the City shall replace the damaged item.
34.02.3 The City will provide one Gerber/Leatherman multi -tool to c urrent members who have not been issued a multi -tool. In addition, all new members will receive a multi -tool as part of their uniform package. The City will replace multi-tools if needed, with Department Head approval.
34.02.1 The City agrees to provide a stipend of $750 per employee for non-laundered uniform clothing. Employees shall purchase non-laundered uniform clothing from City approved vendor. Non-laundered uniform clothing will meet uniform and safety DocuSign Envelope ID: 6077319C-E1DB-49E4-88E4-863169A7CB12
36 requirements. The stipend will be included with the first pay period of the fiscal year for current employees and within the first pay period for new hires.
34.03 Exemption from wearing uniform:
34.03.1 If it is deter mined by a physician that there is a medical reason which prevents an employee fro m wearing a City unifor m (i.e., fiber content), then such employee shall not be required to wear a uniform. To be eligible for this exemption, the employee must submit a phy sician's statement to his/her supervisor verifying the above. The City reserves t he rig ht to have the employee examined by the City physician (at the City's expense) at any time.
34.05 Uniform colors: All employees will wear same color uniforms, and the color and quality of uniforms shall be approved by the Department Head. The City is agr eeable to two different colors to be determined by the Department Head.
SECTION 35.00 - HEALTH & SAFETY
35.01 The City shall reimburse up to $ 300 ($325 for bifocals) per employee per fiscal year towards the purchase of sa fety p rescription eyegl asses provided that they are not covered by the employee’s health plan. Replacement costs may be covered upon approval of the City Manager or his/her designee if there has been a significant change in the employee’s prescription or damage occurred as a result of a work-related incident.
35.02 In addition, the City shall provide a maxim um of $300 reimbursement per employee per fiscal year for the purchase of safety shoes. If additional funds after the purchase of the shoes are available, the employee may use the funds for related footwear accessories or repairs. The wearing of said ite ms is mandatory and said footwear must meet safety guidelines set by the City.
35.03 Employee Fitness Program:
35.03.1 Purpose: To provide employe es the opportunity to v oluntarily participate in City-sponsored recreation programs at no cost during non-work hours.
35.03.2 Scope of Services: This program shall allow employee participation in all adult fitness and sports related activities offered by the Recreation and Community Services Department. Employees shall be granted use of all sports facilities operated and/or maintained by the Recreation and Community Services Department at the Milpitas Sports Center.
35.03.3 Cost: Programs shall be offere d at no cost to employe es. Spouses shall be required to pay full registration and non -resident fees if appl icable. Each non - employee participant in an organized team activity shall be required to pay a fee equal to the team registration fee divided by th e number of participant s.
The City agrees to waive fees for use of City parks by employees for softball team practice, except for costs if field lights are used.
35.03.4 Restrictions:
(a) Each employee shall be required to complete a registration form, medi cal history card, and a contract and/or a participant waiver form limiting the DocuSign Envelope ID: 6077319C-E1DB-49E4-88E4-863169A7CB12
37 City's liability during the e mployee’s participation in a particular program or activity.
(b) Organized adult athletic programs and leagues, such as softball or basketball, req uire t hat employees reg ister in advance. Employees choosing to participate in any of the drop -in programs s hall either be issued a pass (for programs which utilize passes) or use their employee ID card (which is issued to all employees at the time of init ial appointment) for admission purposes.
(c) Employees shall not be afforded preferential treatment in instances where a program or activity has already reached its maximum enrollment and shall be added to an established waiting list as appropriate.
(d) Participation in progra m requiring advanced registration shall follow the same time schedule as those establ ished by the Department for local residents.
(e) No limit shall be placed on the number of programs or activities in which an employee may particip ate except that the act ivity must be within the scope of services offered by the Recreation and Community Services Department.
(f) Participation in the program is voluntary and must not conflict with normal work schedules and shall take place during off-duty periods.
35.04.5 These items are not meant to be an all -inclusive list of provisions and restrictions that shall otherwise need to be applied to this program, as it is likely that instances will arise that will require further adjustments. This progr am shall be evaluated a nnually with respect to its overall effectiveness and possible application to other R ecreation Services programs outside of those offered at the Milpitas Sports Center.
SECTION 36.00 - MISCELLANEOUS
36.01 When available, the City shall furnish vehicles from the City’s car pool to conduct official City business. In the event a pool car is unavailable, the employee shall use the employee’s own vehicle on a temporary basis.
(a) An employee shall receive authorizatio n from their Department Head or their designee prior to using the employee’s own vehicle.
(b) Temporary basis s hall be defined as no more than five (5) consecutive working days unless otherwise agreed to by the employee. Employees who use their car on a temp orary basis shall be re imbursed by the City at the rate established by the IRS.
(c) Any employee who drives their own vehicle on official City business must have a valid California driver’s license and proof of valid insurance.
36.02 The City recognizes that air -conditioned City-owned/leased vehicles can contribute to a comfortable and productive working environment. W hen ordering new vehicles, the City intends within reason to order air -conditioning in said vehicles when said equipment is offered by the manufacturer as an option.
DocuSign Envelope ID: 6077319C-E1DB-49E4-88E4-863169A7CB12