Resolution No. 4084
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RESOLUTION NO. 4084
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING
A SETTLEMENT AGREEMENT BETWEEN THE VERNON FIREMEN'S ASSOCIATION,
3 ET AL., AND THE CITY OF VERNON, ET AL., AND APPROVING A MEMORANDUM
OF UNDERSTANDING BETWEEN THE MUNICIPAL EMPLOYEE RELATIONS REPRESEN-
4 TATIVE OF THE CITY OF VERNON AND THE VERNON FIREMEN'S ASSOCIATION
(EMPLOYEE GROUP 1) AND APPROVING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE MUNICIPAL EMPLOYEE RELATIONS REPRESENTATIVE OF THE CITY
OF VERNON AND THE VERNON FIREMEN'S ASSOCIATION (EMPLOYEE GROUP 4).
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THE CITY COUNCIL OF THE CITY OF VERNON RESOLVES AS FOLLOWS:
WHEREAS, there is presently pending in the Superior
Court of the State of California for the County of Los Angeles,
Case No. ~~6,128 entitled, "VERNON FIREMEN'S ASSOCIATION; DEAN
11 WHITE and RONALD L. CUMMINGS, Plaintiffs, vs. CITY OF VERNON, et
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a1., Defendants", and
WHEREAS, the Vernon Firemen's Association has been recog-
nized as an employee organization, pursuant to Resolution No. 4027
of the City Council of the City of Vernon, and have met and con-
ferred with the Municipal Employee Relations Representative of the
City of Vernon, and
WHEREAS, members of the Vernon Firemen's Association
have represented Employee Group 1 and Employee Group 4, pursuant
to Resolution No. 4027, and
WHEREAS, pursuant to said meeting and conferring, the
Municipal Employee Relations Representative of the City of Vernon,
on December 7, 1971, executed a Memorandum of Understanding for
each of said Groups, and in addition executed a Settlement Agree-
ment resolving the above-entitled law suit, and
WHEREAS, the Settlement Agreement and both Memoranda of
Understanding have been presented to the City Council of the City
of Vernon at a regular meeting held December 7, 1971, and
WHEREAS, on said date the City Council of the City of
Vernon did instruct the City Attorney of the City of Vernon to
prepare this Resolution approving all the foregoing documents,
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NOW THEREFORE BE IT RESOLVED:
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,1 Section 1: That the City Council of the City of Vernon does
2 hereby approve and ratify the Settlement Agreement, the Memorandum
3 of Understanding between the Municipal Employee Relations Represen-
4 tative of the City of Vernon and the Vernon Firemen's Association
5 (Emp 10yee Gro up 1), and the Memorandum of Understanding between the
6 Municipal Employee Relations Representative of the City of Vernon
7 and the Vernon Firemen's Association (Employee Group 4);
8 Section 2: That the approval and ratification set forth here-
9 in are subject to all of the terms, covenants and conditions con-
10 tained in said documents.
11 Section 3: The City Clerk of the City of Vernon is hereby
12 directed to certify to the passage of this Resolution and there-
13 upon and thereafter the same shall be in full force and effect.
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18 ATTEST:
ADOPTED and APPROVED this 21st day of December, 1971.
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19 F. A. ZIEMER, City Clerk
20 by ~t~cir~rk
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1 I STATE OF CALIFORNIA
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COUNTY OF LOS ANGELES )
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4 I, F. A. ZIEMER, City Clerk of the City of Vernon, do
5 hereby certify that the foregoing resolution, being Resolution '
6 No. 4084 , was duly adopted by the City Council of the City of
71 Vernon, and approved by the Mayor of said City, at a regular
8 meeting of the City Council held on December 21, 1'71
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10 'I
r. A. ZIElIBll, City Clerk
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by" , I; ..t:u~t.A_/- :
10ft ' J,JfHtmII
Deputy City Clerk
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SETTJ:.,El'-fENT.J'.GREEME NT
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This Settlement Agree;uent is entered into bet\'leen the
VERNON FIREt<1EN'S ASSOCIATION, an unincorporated employee organi-
zation) DEAN l1HITE) and RONALD L. CUMMINGS (hereinafter called
nPlaintiffs") on the one hand; and the CITY OF VERNON, STATE OF
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CALIFORNIA) a municipal corporation) a.nd.L. 'C. HUSTED, Fire Chief
of the City of Vernon (herei~after called "Defendants") on the
8 other hand, with r~ference to the foll~wing facts:
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1. Plaintiff Vernon Firemen's Assoc.iation is. an employ~e
organization') inc~uding among its members, sworn Fire Department
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personnel of Defendant Ci~1 of Vernon..
Plaintiffs 'Dean WhJ.teand
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, .~ :.,~~'.: '-':':'12 . Ronald L. Cummings are members of said Association'anda;e
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Fire Department e:~llployees of the City of Vernon.
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Plaintiffs contend and Defendants deny as follmvs:
2.1 Since the adoption of Resolu';:ion No. 1583 of
the. City Council of the City of Vernon,) and in any
:.event) at least since July 10) 1965, tne City of
Vernon has been obligated to pay but has failed to
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pay) and continues to fail to pa.y) sworn Fire De-
partment employees of the City of Vernon engaged In
fire suppression appropriate compensation foT!' va~
.'.cations and hol~days) or 'overtime pay in lieu thereof'.
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.2.2 Since September 6) 1966, th~'City of Vernon
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has .from time to time assigned Fire Department 'em~
p10yees to special duties inconsistent with their ,
respective clas~Sfications, but has iailedtopay,
and continues to fail to pay ~ . such employees a2-
propriate compensation as required by Resohltion'
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No. 2852 of the City Council of the City of Vernon.
3.' Asa result of t1}.e aforesaid dispute, Plaintiffs
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,have filed on their behalf ,and on behalf of all s'vornFireDepart-
ment employ'ees of the City of Vernon "lho are or Here similarly
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1 situated, an action against Defe~dants in the Superior Court of
2 the State of California, for the County of Los Angeles, which is
3no~ pending as Case No. 996 128) seeking declaratory relief) a writ
4 of mandate, an accounting, and damages.
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4.
On or about June 1, 1971, up.on petition of the
6 Vernon Firemen's Association, duly filed pursuant to Resolution
7 ' No. 4027, of the City Council of the City of Vernon, the City
8 Clerk of said Gi ty duly certified the aforesaid Association ad a
9 recognized employee organization representing it,s members, in' the
'10 ,following two groups of employees of the City of Vernon:
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4.1 All full-time and regular part-time employees
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in the Fire Department, except management employees.
4.2 All full-time and regular part-time management
and confidential employees in the Fire Department.
The Vernon Firemen's Association has presented to
16 the Municipal Employee Relations Representative of the City of
17 Vernon a reques t for changes in wages, hours, and other conditions
18 ofe~ployment for employees in the aforesaid two groups, including
19 a reduction in number of shifts' actually to be wo-rked by sworn
20 Fire Department employees engaged in fire suppression. Repre-
21 sentatives of the Vernon Firemen's .Association and of the City
'22 of Vernon have been meeting and conferring in good faith concerning
23 such reques ts .
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Plaintiffs, all members of the class represented by
25 Plaintiffs) and Defendants desire to settle and compromise all
26 differences now outstanding between them wi thoutei ther side con-
27 ceding the correctness of the position taken by the other side
, ,28 and the Vernon Firemen's Association and the City of Vernon desire
29 to establish and maintain hannonious and sound relations between
30 the , City of Vernon and the employees represented by the Associa.-
31 tion.
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Based upon the foregoing facts, Plaintiffs and Defendants
2 agree as follows:
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1. For the period commencing January 1, 1972"and end-
4 ing December 31, 1976, the gross number of shifts for which Fire
5 Department employees of the City of Vernon engaged in fire suppres-
6 sion shall be scheduled annually and the number of shifts to be
7 deducted annually from such gross nuriiberas and in lieu of paid
8 vacations and holidays shall be in accordance with all the terms
,9 and provisions.of Section 2 of the Memorandum of Understanding,be-
10 tween the City of" Vernon and the Vernon Firemen's Association,
11 true copies of which are attached hereto, marked Exhibit "A" and
12 "B" and" by this reference, incorporated here.inas if set forth in
13 full.
2.
Plaintiffs concurrently with the signing hereof
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shall deliver to counsel for Defendants a signed Dismissal With
15 Prejudice against all Defendants in Superior Court Action No.
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996 128.
Upon approval of this settlement by the Court, Defendants
17 shall be and are hereby authorized to file the 'aforesaid Dismissal
18 With Prejudice in said action.
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3. This' Settlement Agreement shall become effective
20 upon the occurrence of each and alL of the following events:
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3.1 Execution of the aforesaid two Memoranda of
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Understanding by the duly authorized representatives
of the City of Vernon and of the Vernon Firemen's
Assoclation.
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3.2 Approval of the aforesaid Memoranda of Under-
sta!lding by Resolution of the City Council of the
City of Vernon.
03.3 Approval of this, Settlement Agreement by Reso-
lution of the City Council of the City of Vernon
and by the Vernon Firemen's Association.
3~4 Approval of this Settlement Agreement by the
Superior Court of the Sta,te of California, for the
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County of Los Angeles, after a finding by said
Court that all members of the affected class \Vere
given due and proper notice and an opportunity to be
heard and that this Settlement Agreement is fair and
equitable and in the interests of all parties con-
cerned.
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15 . CHARLES H. MCGOVERN, ESQUIRE
'. RUTAN & TUCKER
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KURLANDER, SOLOMON & HART
SILVER. & STRELLER
BY:,~ ~X~
Attorneys for Vernon Firemen's
Association, Dean White, and
Ronald L. Cummings - Plaintiffs
DATE: ) 1-/) /---:{ I
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for tMe City of Vernon
Husted Defendants
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MEMORANDUM Oi"UNDERSTANDING
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, BF.:TWEI~N THE
l1~JCIPAL EMPLOYEE RELATIONS REPR~SENTATIVE
OF THE CITY OF VER0:0N
AND THE
VERNON FiREMEN'S ASSOCIATIO~
(EMPLOYEE GROUP 1)
7 This Memora.ndum of Understanding is entered into with
8 reference to the following facts:
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1. On or about June 1) 1971, upon petition filed by the
10 Vernon Firemen's Association, pursuant to Resolution No. 4027 of
lIthe City Council of the City of Vernon (hereinafter called "Vernon"
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12 IF. A. Ziemer, City Clerk of Vernon, certified that the Vernon Fire-.
13 men's Association (hereinafter called "Association") is the recog-
14 nized employee organization for its members employed by Vernon in a
15 emp'loyec group defined in the aforesaid Resolution as "all full-
16 'time and regular part-:time employees in the Fire Department,
'17 except management employees".
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2. The Association and the Municipal Employee Relations
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19 'Representative (hereinafter called "City Representative") of Vernon
20 have presented to each other a number of requests concerning wages,
; ,21 hours, and other terms and conditions of emploYment of the employee
221 represented by the Association, and the City Representative and
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the AssociatioLl have met and conferred as to 'such matters in good
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faith.
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3. Vernon and the Association desire to establish and
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maintain harmonious, sound and stable relations between the City
and the employees in the Fire Department.
Based upon the foregoing facts, the City Representative,
of Vernon and the Association hereby agree as follows:
1. This Memorandum of Understanding constitutes a
mut'ual recommendation to be jointly ,submitted to the City Council
of Vernon for approval by Resolution and implementation by one or
EXhibit "A"
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1 more Resolutions as may be deemed necessary by said City Council.
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2. Shifts:
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2.1 Effective 'Vlith the calendar year commencing on
January 1, 1972, and continuing thereafter through
the calendar year ending on December 31, 1976, Fire
Department employees engaged in fire suppression
shall be annually scheduled to work for One Hundred
Twenty-two (122), Twenty-four (24) hour shifts.
2.2 Said One Hundred ~venty-two (122) shifts shall
constitute the gross shifts to be sch~duled from
which the following shifts shall be deductedannually~
as, and in lieu of, paid vacations and holidays:
2.21 After completion of one (1) year or more
years of continuous service, but less than ten
(10) years -- twelve (12)) twenty-four (24)
hour shifts;
2.22 After ten (10) years or more years of
continuous service -- two (2) additional
twenty-four (24) hour shifts;
2.3 The gross shifts and the deductions therefrom
set forth in Subsections 2.1 and 2.2, above, shall
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rema.in unchanged during the period from January 1,
1972, through December 31, 1976, and the,Association
hereby agrees not to request any reduction in such
gross shifts or any increase in the deductions there-
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from to take effect during the aforesaid period for
any reason whatsoever and similarly Vernon hereby
agrees not to request 'any increase in such gross
shifts or any decrease in deductions' therefrom to
take effect durin'g the aforesaid period for, any
reason whatsoever; and the Association and Vernon
hereby expressly waive any and al~ obligations of
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the Association and the City of Vernon under the
Meyers-Milias-Brown Act or other\Vise to meet and
confer or negotiate as to any such request.
2.4 The shifts which employees are entitled to de-
duct pursuant to Subsection 2,2, above, shall be
scheduled as shifts off on a year-around basis sub-
ject to the following provisions:
2.41 Each employee must be scheduled for at
least five (5) consecutive shifts off during
the anniversary year following his. anniversary
date on which he became entitled to deduct the
shifts in question.
2.42 Each employee must be scheduled for all
shifts which he is entitled to deduct as shifts
off during the anniversary year linmediately
following the anniversary date on which he be-
came entitled to deduct such shifts.
2.43 Selection of shifts off shall be by rank
and according to seniority within rank.
2.44 No more than two (2) officers and no more
than s~ven (7) employees, including officers, in
any platoon shall be scheduled off duty at any
one time.
2.45 The selection of shifts off shall be made
annually for the following calendar year no
later than December 31 of the irmnediately pre....
ceding calendar year, except that the selection
of scheduled shifts off for the calendar year
1972 shall be completed no later than February 1,
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2.46 Employees who are entitled to deduct two
(2) additional shifts off pursuant to Subsection
2.22, above, shall have the option to accept pay
instead of time off at the rate of 7/30ths of
one (1) month's salary for such two (2) shifts,
or to be scheduled off duty for the addition~l
two (2) shifts. This option must be exer;cised
simultaneously with the selection of shifts off
duty pursuant to thus Subsection 2.4.
'2.47 The procedures and mechanics for the
scheduling of shifts off and the selection of
scheduled shifts off shall be established by
the Chief Engineer in accordance with the pro-
visions of this Subsection 2.4.
2.5 Any employee who is terminated shall be paid
upon his t,ermire tion for all unused shifts off to
which he became entitled on his immediately preceding
anniversary date, at his hourly rate of pay.
2.6 An employee who is permanently transferred out
of the fire suppression service during an anniver-
~ary year shall be paid for his unused shifts off to
which he became entitled on his immediately preced~
ing anniversa.ry date at his hourly rate and shall
become eligible for vacation benefits on his next
following anniversary date in accordance with City
Ordinances, Resolutions, and Policies applicable to
the classification in which he works.
?-.7 An employee with one (1) ,or more years of con-
tinuous service who is transferred to fire suppres-
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sion during an a.nniversary year shall be entitled tq
a proportionate number of shifts off to be scheduled
during the remainder of his current anniversary
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year, unless he has already received the vacation
benefits to which he became entitled on his immedi-
ately preceding a.nniversary date in his priorclassi~
fication.
2.8 Not~vithstanding any of the foregoing, each and
all of the provisions of this entire Section 2 shall
become effective only if, as, when and to the extent
approved by the Pay Board established by the Presiden
of the United States, pursuant to the Economic Sta-
bilization Act of 1970, Public Law 91:-379, Executive
Order No. 11627 of October 15, 1971, 36 F.R. 20139,
the Regulations of said Pay Board and any amendments
or additional economic stabilization legislation,
executive orders, and regulations. Vernon and the
Association will jointly request the Pay Board or
the appropriate agency designated by the Pay Board to
approve the provisions of this Section 20 In connec-
tion with said request for approval, the parties
further agree to use their best offices to have the
Pay Board determine that the implementation of the
provisions,of this Section 2 need not be taken into
account in determining the allowable level of wage
and salary increases for the fiscal year corrrrnencing
July 1, 1972, and any subsequent fiscal year.
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3.
Tempora~y Assignments:
3.1 Each employee in the group for recognition
who, as of December I, 1971, has completed one year
or more in a temporary appointment to a higher
rank at grade T-3 or above, .shall be recommended
by the Chief Engineer to the City Council for
permanent appointment in such rank and in such
grade.
3.2 Each employee in the group for recognition
who, as of the date of signing of this Memorandum
of Understanding holds a temporary appointment to
a higher rank at step T-4 shall, if, as and when
such employee completes one year of service in such
temporary appointment, be promptly reviewed by
three superior officers. If at least two of such
superior officers review the performance of such
employee as satisfactory, the Chief Engineer shall
recommend the employee to the City Council for
permanent appointment in such grade.
3.3 Hereafter Resolution No. 2852 of the City
Council of Vernon shall be utilized solely to
temporarily fill vacancies arising out of the
absence of men holding existing positions.
3.4 The provisions of this Section 3 shall not
apply to Assistant Chief nor to the Chief Engineer.
Examinations and Promotions:
4.1 Examinations:
4.11 All promotions (except for emergencies)
to any position up to and including batallion
chief shall be made from ~ligibility lists
established by examinations consisting of
written, oral, and pract,ical parts.
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4.12 Notices of examinations shall be posted
together with a,brief description of the
'examination at least ninety (90) days prior to
the exa~ination date.
4.13 The 'iITi tten examination shall cons is t
of objective (i.e., true, false, and multiple
choice) questions obtained from and administere
by an outside agency selected by the Vernon
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Fire Department.
4.14 Oral and practical examination shall be
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administered by a panel of three officers
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other Fire Departments.
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4.15 Any person taking a~ examination shall
be given a reasonable opportunity to inspect
the examination answers and scoring sheets
and to compare the same.
4.16 Prior service in the Vernon Fire Depart-
ment and such educational requirements as the
Fire Department may from time to time establish
shall be a condition precedent to taking any
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promotional examination, except that non-
employee applicants will be eligible if there
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are no applicants from the Vernon Fire
Department for the examination or all such
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applicants, have failed the immediately
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preceding examination.
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4.17 One-half point of credit shall be given
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for each full year of service in the Vernon
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Fire Depar~ment. The Chi?f Engineer shall
have discretion to determine whether such
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credit shall be added to the score of the
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written, oral, or practical examination,
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provided that there shall be no duplicate
credit given.
4.2 Promotions:
4.21 Promotions to vacant positions shall be
made from among the three highest scoring
successful examinees on the list. Successful
examinees shall remain on the list for a
period of at least two years.
4.22 Selections from the promotional list
shall be made by the Chief Engineer.
4.23 Notices of promotions and of advancement
between grade steps within a rank shall be
posted on the bulletin board.
4.24 Employees vJho ,are promoted to a higher
rank shall serve a probationary period of one
year. Upon ,completion of one year of continuou
,service in the higher rank, the employee shall
be reviewed by his immediate superior and one
other superior officer. If both reviewing
officers concur that the employee's performance
has been satisfactory, the Department shall
recommend to the City Council that the
,employee's appointment shall be perrrianent.
If the two reviewing officers do not concur
that the employee's performance has been
satisfactory, the employee shall have the
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right to appeal to the Department for review.
In such case, the Chief shall make the final
determination whether the, employee shall be
recommended to the City Council for permanent
appointment in the higher rank.
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4.25 Employees who are reviewed as herein-
above provided shall be given the opportunity
to discuss their evaluation report with the
reviewing officers if they so request.
It is understood and agreed that this Memorandum
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,'6 of Unders tanding is subj ect to all current and future applicable
? federal and state laws and regulations and approval by the
'8 Superior Court of the State of California for the County of Los
9 Angeles. in Case No. 996 128. If any part or provision of this
10 Memorandum of Understanding is in conflict or inconsistent with
11 such applicable provisions of federal or state laws or
12 regulations, or is otherwise held to be invalid or unenforceable
13 by any tribunal of competent jurisdiction, such part or
14 provision shall be suspended or superseded by such applicable
15 lmv, regulation or decision, but the remainder of this Memorandum
16 of Understanding shall not be affected thereby and.shall remain
17 in full force and effect.
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6.
The term of this Memorandum of Understanding shall
19 commence upon its appr,oval by resolution by the City Council of
20 Vernon, subject to the provisions in subsection 2.8 and section 5
21 above, and shall remain in full force and effect until midnight
22 December 31, 1976. If the Associati on desires to meet and confer
23 concerning amendments to this Memorandum of Understanding,
24 effective July 1, 1972, or any July 1 thereafter, it shall serve
25 upon the City Representative a written request to meet and confer
26 together with the list of the -requested changes by March 1 of
27 1972, or at least four months prior to July 1 of th~ year for
28 which the chang~s are sought, provided that neither the
29 Association nor the City Representaiive shall propose any
30 ,changes in section 2 hereof to,take effect prio;t' to January 1,
31 1977.
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.2 Vernon Firemen's Association
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12/2/71
City Representative of 'the
City of Vernon, ,a Municipal
Corporation. '
Dated:
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MEMORANDUM OF UNDERSTANDING
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H..'. '1
BETWEEN THE
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.MUNtQlPALJ~:MPLOYEE RELATIONS REPRESENTATIVE
OF THE CITY OF VER~ON
AND THE
VERNON FIREMEN'S ASSOCIATIO~
(EMPLOYEE GROUP 4 )
9
This Memorandum of Understanding is entered into with
reference to the following facts:
~. On or about June 1, 1971) upon petition filed by
10 the Vernon Firemen's Association, pursuant to, Reso lution No. 4027
21 of the City Council of the City of Vernon (hereinafter called
"12 "Vernon';), F. A. Ziemer, City Clerk of Vernon certified that the
,
13 Vernon Firemen's Association (hereinafter called "Association") is,
14 the recognized employee organization for its members employed by
15 Vernon in an, employee group defined in, the aforesaid Resolution as
16 "all full-time and regular part-time management and confidential
17 employees in the Fire Department".
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2. The Association and the Municipal Employee Relations
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19 Representative (hereinafter called "City Representative") of Vernon
20 have presented to each other a number of. requests concerning wages,
21 hours) .s.nd other terms and conditions of employment of the employee
22 represented by the Ass,ociation, and the City Representative and
23 the Association have met and conferred as to such matters in good
24 faith.
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3. Vernon and the Association desire to establish and
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,26 maintain harmonious, sound and stable relations bea~een the City
27 and the employees in the Fire Department.
281. Based upon the foregoing facts, the City Representative
29 of Vernon and the Association hereby agree as follows:
'30, 1. This Memorandum of Understanding constitutes a
31 mutual recommendation to be jointly submitted to the Grty Council
32 I' of Vernon for approval by Resolution and implementation by 'one or
Exhibit "oB"
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1 more Resolutions as may be deemed necessary by said City Council.
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2. Shifts:
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2.1 Effective with the calendar year commencing on
January 1, 1972, and continuing thereafter through
the calendar year ending on December 31, 1976, Fire
Department employees engaged in fire suppression
shall be annually scheduled to work for One Hundred
Twenty-two (122), Twenty-four (24) hour shifts.
2.2 Said One Hundred Twenty-two (122) shifts shall
, constitute the gross shifts to be scheduled from
which the following shifts shall be deducted annually~
as~ and in lieu of, paid vacations and holidays:
2.21 After completion of one (1) year or more
years of continuous service, but less than ten
(10) years -- twelve (12)> twenty-four (24)
hour shifts;
2.22 After ten (10) years or more years of
continuous service -- two (2) additional
twenty-four (24) hour shifts;
2.3 The gross shifts and the deductions therefrom
set forth in Subsections 2.1 and 2.2, above, shall
remain unchanged during the period from January I,
1972, through December '31, 1976, and the Association
hereby agrees not to request any reduction in such '
gross shifts or any increase in the deductions there-
from to take effect during the aforesaid period for
any reason whatsoever and similarly'Vernon hereby
agrees not to request -any increase in such gross
shifts or any decrease in deductions therefrom to
take effect durini the aforesaid period for any
reason whatsoever; and'the Association and Vernon
hereby expressly waive any and all obligations of
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the Association and the City of Vernon under the
Meyers-Milias-Brmvn Act or otherwise to meet and
confer or negotiate as to any such request.
2.4 The shifts which employees are entitled to de-
duct pursuant to Subsection 2,2, above, shall be
scheduled as shifts off on a year-around basis sub-
ject to the following provisions:
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2.41 Each employee must be scheduled for at
least five (5) consecutive shifts off during
the anniversary year follm'ling his anniversary
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date on which he became entitled to deduct the
shifts in question.
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2.42 Each employee must be scheduled for all
shifts which he is entitled to deduct as shifts
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off during the anniversary year immediately
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following the anniversary date on which he be-
came entitled to deduct such shifts.
2.43 Selection of shifts off shall be by rank
and according to seniority within rank.
2.44 No more than two (2) officers and no more
than st?ven(7) employees, including officers, in
any platoon shall be scheduled off duty at any
one time.
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2.45 The selection of shifts off shall be made
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annually for the following calendar year no
later than December 31 of the immediately pre-
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ceding calendar year, except that the selection
of scheduled shifts off for the calendar year
1972 shall be completed no later than February 1,
1972.
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2.46 Employees who are entitled to deduct two
(2) additional shifts off pursuant to Subsection
2.22, above, shall have the option to accept pay
instead of time off at the rate of 7!30ths of
one (1) month's salary for such two (2) shifts,
or to be scheduled off duty for the additional
two (2) shifts. This option must be exercised
simultaneously with the selection of shifts off
duty pursuant to thus Subsection 2.4.
'2.47 The proced~res and mecha~ics for the
scheduling of shifts off and the selection of
scheduled shifts off shall be established by
the Chief Engineer in accordance with the pro-
visions of this Subsection 2.4.
2.5 Any employee who is terminated shall be paid
upon his termira tion for all unused shifts off to
which he became entitled on his immediately preceding
anniversary date, at his hourly rate of pay.
, 2.6 An employee who is permanently transferred out
of the fire suppression service during 'an cmniver-
~ary year shall be paid for his unused shifts off to
which he became entitled on his immediately preced-
ing anniversary date at his hourly rate and shall
become eligible for vacation benefits on his next
the classification in which he works.
2.7 An employee with one (1) or more years of con-
tinuous service who is transferred to fire suppres-
sion during an anniversary year shall be entitled to
a proportionate number of shifts off to he scheduled
during the remainder of his current anniversary
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year, unless he has already received the vacation
benefits to which he became entitled on his immedi-
ately preceding anniversary date in his prior classi-
fication.
2.8 Notwithstanding any of the foregoing, each and
all of the provisions of this entire Section 2 shall
become effective only if, as, when and to the extent
approved by the Pay Board established by the Presiden~
of the United States, pursuant to the Economic Sta-
bilization Act of 1970, Public Law 9l~379, Executive
Order No. 11627 of October 15, 1971, 36 F.R. 20139,
the Regulations of said Pay Board and any amendments
or additional economic stabilization legislation,
executive orders, and regulations. Vernon and the
Association will jointly request the Pay Board or
the appropriate agency designated by the Pay Board to
approve the provisions of this Section 20 In connec-
tion with said request for approval, the parties
further agree to use their best offices to have the
Pay Board determine that the implementation of the
provisions,of this Section 2 need not be taken into
account in determining the allowable lev~l of wage
and salary increases for the fiscal year commencing
July 1, 1972, and any subsequent fiscal year.
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4.
3.
Jemporary Assignments:
3.1 Each employee in the group for recognition
who, as of December 1, 1971, has completed one year
or more in a temporary appointment to a higher
rank at grade T-3 or above, shall be recommended
by the Chief Engineer to the City Council for
permanent appointment'in such rank and in such
grade.
3.2 Each employee in the group for recognition
who, as of the date of signing of this Memorandum
of Understanding holds a temporary appointment to
a higher rank at step T-4 shall, if, as and when
such employee completes one year of service in such
temporary appointment, be promptly reviewed by
three superior officers. If at least two of such
superior officers review the perfonnance of such
employee as satisfactory, the Chief Engineer shall
recommend the employee to the City Council for
permanent appointment in such grade.
3.3 Hereafter Resolution No. 2852 of the City
Council of Vernon shall be utilized solely to
temporarily fill vacancies arising out of the
absence of men holdin~ existi~g positions.
3.4 The provisions of this Section 3 shall not
apply to Assistant Chief nor to the Chief Engineer.
Examinations and Promotions:
4.1 Examinations:
4.11 All promotions (except for emergencies)
to any position up to and including batallion
chief shall be made from ~ligibility lists
established by examinations consisting of
written, oral, and practical parts.
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4.12 Notices of examinations shall be posted
together with a brief description of the
examination at least ninety (90) days prior to
the examination date.
4.13 The written examination shall consist
of objective, (Le., true, false, and multiple
choice) questions obtained from and administere
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by an outside agency selected by the Vernon
Fire Department.
4.14 Oral and practical examination shall be
~dministered by a panel of three officers
, obtained by the Vernon Fire Department from
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other Fire Departments.
4.15 Any person taking an examination shall
be given a reasonable opportunity to inspect
the examination answers and scoring sheets
and to compare the same.
4.16 Prior service in the Vernon Fire Depart-
ment and such educational requirements as the
Fire Department may from time to time establish
shall be a condition precedent to taking any
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promotional examination, except that non-
employee applicants will be eligible if there
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are no applicants from the Vernon Fire
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Department for theexamirtation or all such
applicants. have failed the immediately
preceding examination.
4.17 One-half point of credit shall be given
for each full year of service in the Vernon
Fire Department. The Chief Engineer shall
have discretion to determine whether such
credit shall be added to the score of the
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written, oral, or practical examination,
provided that there shall be no duplicate
credit given.
4.2 Promotions:
4.21 Promotions to vacant positions shall be
made from among the three highest scoring
successful examinees on the list. Successful
examinees shall remain on the list for a
period of at least two years.
4.22 Selections from the promotional list
shall be made by the Chief Engineer.
4.23 Notices of promotions and of advancement
between grade steps within a rank shall be
posted on the bulletin board.
4.24 Employees who are promoted to a higher
rank shall serve a probationary period of one
year. Upon completion of one year of continuou'
,service in the higher rank, the employee shall
be reviewed by his immediate superior and one
other superior officer. If both reviewing
officers concur that the employee's performance
has been satisfactory, the Department shall
recommend to the'City Council that the
employee's appointment shall be permanent.
If the two reviewing officers' do not concur
that the employee's performance has been
satisfactory, the employee shall have the
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right to appeal to the Department for ,review.
In such case, th~ Chief shall make the final
determination whether the, employee shall be
recommended to ~he City Council for permanent
appointment in the higher rank.
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Employees who are reviewed as herein-
reviewing officers if they so request.
5.
It is understood and agreed that this Memorandum
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, 60f Und~rstanding is subject to all current and future applicable
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? federa~ and state laws and regulations and approval by the
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8 Superi~r Court of the State of California for the County of Los
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Angele~ 1n Case No. 996 128.
If any part or provision of this
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10 Memorapdum of Understanding is in conflict or inconsistent with
11 such applicable provisions of federal or state laws or
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12 regula~ions) or is otherwise held to be invalid or unenforceable
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by anYI tribunal of competent jurisdiction, such part or
provis~on shall be suspended or superseded by such applicable
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law, rfgulation or decision, but the remainder of this Memorandum
of Und~rstanding shall not be affected thereby and shall remain
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in full force and effect.
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The term of this Memorandum of Understanding shall
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corrunence upon its appr.oval by resolution by the City Council of
Vernon~ subject to the provisions in subsection 2.8 and section 5
above,:and shall remain in full force and effect until midnight
22 Decemb~r 31, 1976. If the Associati on desires to meet and confer
23
conceniling amendments to this Memorandum of Understanding)
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effecttve July I, 1972, or any July 1 thereafter, it shall serve
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upon t~e City Representative a written request to meet and confer
togeth$r with the list of the -requested changes by March I of
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1972) ~r at least four months prior to July 1 of the year for
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which the changes are sought) provided that neither the
A . I.. h C' " h 11
ssoc11tlon,nor t e lty Represerttat1ve sa, propose any
changes in section 2 hereof to ,take effect prio;r to January 1)
1977 .
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2 Vernon Firemen's Association
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12/2/71
City Representative of the
City of Vernon, a Municipal
Corporation.
Dated:
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