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Resolution No. 4593 1 RESOLUTION NO. 4593 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE MUNICIPAL EMPLOYEE RELATIONS REPRESENTATIVE OF THE CITY OF VERNON AND THE VERNON POLICE OFFICERS' BENEFIT ASSOCIATION (EMPLOYEE GROUP 2) 3 4 5 6 THE CITY COUNCIL OF THE CITY OF VERNON RESOLVES AS FOLLOWS: 7 WHEREAS, the Vernon Police Officers' Benefit Association 8 has been recognized as an employee organization, pursuant to 9 Resolution No. 4027 of the City Council of the City of Vernon, 10 and have met and conferred with the Municipal Employee Relations 11 Representative of the City of Vernoni and 12 WHEREAS, members of the Vernon Police Officers' Benefit 13 Association, representing Employee Group 2, have jointly met and 14 pursuant to said meeting and conferring have executed a Memorandum 15 of Understanding with the Municipal Employee Relations Represen- 16 17 tative of the City of Vernon, covering the period August 1, 1978 to and including June 30, 1978, which is attached hereto marked 18 Exhibit "A" and incorporated herein as though fully set forth at 19 lengthi and 20 WHEREAS, the City Council of the City of Vernon does 21 hereby approve said Memorandum of Understanding. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 23 THE CITY OF VERNON AS FOLLOWS: 24 SECTION 1: That the City Council of the City of Vernon 25 does hereby approve and ratify the Memorandum of Understanding 26 between the Municipal Employee Relations Representative of the 27 City of Vernon and the Vernon Police Officers' Benefit Association 28 (Employee Group 2)i 1 " SECTION 2: That the approval and ratification set forth 2 herein are subject to all the terms, covenants and conditions 3 contained in said Memorandum of Understanding. 4 SECTION 3: That the City Clerk of the City of Vernon 5 shall certify to the passage of this Resolution and thereupon 6 and thereafter the same shall be in full force and effect. 7 APPROVED AND ADOPTED this 15th day of August, 1978. 8 9 10 ATTEST: 11 t5~td/n ~ 12 13 BRUCE V. MALKENHORST, City Clerk 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THOMAS A. YBARRA, Mayor Pro Tem -2- ~ . 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 " . . STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES I, BRUCE V. MALKENHORST, City Clerk of the City of VernQn, do hereby certify that the foregoing Resolution, being Resolution No. 4593 , was duly adopted by the City Council of the City of Vernon, and was approved by the Mayor of said City at a regular meeting of the City Council held on Tuesday, August 15 , 1978. B~/~-r BRUCE V. ~~LKENHORST, C1ty Clerk (SEAL) -3- J ;:~~...;-;.-:,-;-,,_...._,"~,-.~;;~:':~';' . , I , '" - . . l' 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 EXHIBIT L !'lEI.jOHANDUl'j OF UNDERSTANDING 13ET\'JEEN THE ~. MUNICIPAL EMPLOYEE RELATION~ REPRESENTATIVE OF THE CITY OF VERNON AND THE VERNON POLICE OFFICERS' BENEFIT ASSOCIATION (Employee Group 2) (July , 1978) This Memorandum of Understanding lS entered into with reference to the following facts: 1. On or about r1ay 16, 1973, upon petition filed by th Vernon Police Officers' Benefit Association (hereinafter called "Police Association"), pursuant to Resolution No. 4027 of the City Council of the City of Vernon (hereinafter called "Vernon"), the City Clerk of Vernon, certified that the Vernon Police Assoc' ation is the recognized employee or~anization for its members employed by Vernon in th~ employee group defined in the aforesai Resolution as "all full-time and regular part-time employees in the Police Department except management and confidential employee (Section 8B(2) -- "Group 2"). 2. Section 4F of Resolution 4027 provides that employe ,of Vernon who are peace officers are prohibited from forming, joining or participatinq in any employee orqanization except an employee organization which is composed of solely such peace officers and is not subservient to any other organization. By letter dated May 10, 1973, from the police Association to the EXHIBIT A ... 1 2 3 4 5 6 7 I. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Municipal Employee Relations Representative of the City of Vernon (hereinafter called "MERR"), the Police Association acknowledged ...... -c... that its membership consists solely of police officers who are .' , . peace officers. Accordingly, the Police Association represents only those employees in Group 2 who are peace officers. 3. The Association and the MERR of Vernon have met and conferred in good faith upon the wages, hours, and other conditio of employment for the employees represented by the Police Associ- ation in Group 2 in accordance with Chapter 10, Division 4, Title I, of the Government Code of the State of California, and as required by Resolution No. 4027. The City Council duly extended the time for the completion of meeting and conferring to and includi~g August 3, 1978. 4. The MERR and the representatives of the Police Association have agreed that they will jointly urge the City Council of Vernon to adopt one or more Resolutions or Ordinances reflecting the cha~ges in wages, hours and other conditions of employment agreed upon. in this Nemorandum of Understanding. The Police Association and the MERR agree as follows: 1. This Memorandum of Understanding constitutes a joint recommendation by the Police Association and the HERR to be sub.... mitted to the City Council of Vernon for its determination and approval by one or more Resolutions or Ordinance~ as the City Council may deem fit and proper. 2. Salar ies 2.1 Effective August 1, 1978, Vernon shall establish the position of Patrolmen II and shall prescribe duties and re- sponsibilities which are similar to those duties and responsibili- -2-n, !:::.Al"1 I P rf .....J:L.-,., , . 1 2 3 4 5 6 7 I, 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 tie now being performed by patrolmen and the following sal9.XY range shall be established: "', Patrolmen II: Grade 1 ~'. $1,727.00 per month 2 1,644.00 3 1,567.00 4 1,491.00 5 1,408.00 Further, all existing patrolmen shall be reclassified to Patrolme II at their same grade with time in grade credit and it is agreed by virtue of this agreement that no existing patrolmen will be reclassified to a Patrolmen I position. 2.2 Effective August 1, 1978, the City Council shal establish the position of Patrolmen I and shall prescribe duties and responsibilities similar to those provided for individuals working as Los Angeles County Sheriff's Deputy I and the followin salary ~ange shall be established: Patrolmen I: Grade 1 $1,484.00 per month 2 1,404.00 3 1,329.00 4 1,258.00 5 1,191.00 2.3 A Patrolmen I shall be eligible to be promoted to a Patrolmen II position after serving twenty-four (24) months as a Patrolmen. I. 2.3.1 The promotion of a Patrolmen I to a Patrolmen II position shall not result in reduction in pay, and the Patrolmen I being promoted shall be classified in such manner that he r~ceives at least a 5% increase in pay for the position -3- I::.A:"1drr~ . : 1 2 3 4 5 6 7 I. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to which he is promoted. 3. Work Schedule ......' .....- 3.1 The Vernon Chief of Police at his sole dis'- cretion shall establish a work schedule effective August 29, 197 which shall reduce the existing "regular days off" for patrolmen to one hundred and four (104) days during a continuous twelve (1 month period. This computation will not be affected by the normal vacation pqlicies currently provided for in Resolution 41 3.2 The Association may submit proposed schedules the MER~ for consideration prior to August 1, 1978. 3.3 The City intends to schedule nine (9) men to each watch but shall retain the sole discretion to increase or decre~se f~om sai~ n~ne (9) man watch schedule. 3.4 No existing personal in Group 2 will be layed- duri.!1g the term of this agreement. 3.5 The fixed shift system now in effect as . I modified above shall be continued to June 30, 1979 provided that I nothing in this subsection shall be construed to abridge the presently existing right of Vernon to change the individual shi assignments of patro1~en and sergeants. 4. Life, Health, and Dental Insurance 4.1 Effective August 1, 1978, and for each month thereafter through June 30, 1979, inclusive, Vernon will enter into a contract with and pay to the California Teamsters Public Employees Welfare Benefit Fund, for life, health and dental insurance the sum of One Hundred and Ten Dollars ($110.00) for each ,employee plus one or more dependents and Sixty-Three Dollars ($63.00) for each employee with no dependents. -4- Y\ EXHIBiT n -:. . ,1 2 3 4 5 6 7 1 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ,- 5. Non-Discrimination 5.1 Nei ther Vernon nor the Police As.socia,1.:ion shall '- discriminate against any applicant for employment or employee because of race, religion, national origin, sex, age (as defined in applicable legislation), or membership or non-membership in the Police Association. 6. Hazard Duty Pay for Motorcycle Officers 6.1 Patrolmen regularly assigned to two-wheel motorcycle duty shall continue to receive the sum of Sixty DollarE . ($60.00) per month as hazard duty pay. 7. Field Evidence Technicians 7.1 Patrolmen formally assigned as field evidence technicians shall continue to receive as additional compensation for such assignment the sum of Fifty Dollars ($50.00) per month. 7.2 Any new. formal assignments of field, evidence technicians shall be made by the Chief from patrolmen,who have taken successfully a competitive examination prepared by and administered by the Vernon Police Department~ Patrolmen shall be given reasonable notice prior to the administration of any such examination. 8. Court Attendance 8.1 Employees in the classifications represented by the ~olice Association in Group 2 shall be compensated for court appearances in the line of duty outside regular scheduled duty hours as follows: 8.1.1 Thirty-Five Dollars ($35.00) for an appearance which requires the employee's presence for half a court day or less. -5- iWji61T JL.. -1 2 3 4 5 6 7 I- 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8.1.2 Siity Dollars ($60.00) for an appearance which requires the employee's presence for a full court 'day or less, but more than a half court day..-' 8.2 An appearance shall be deemed for more than a half court day if the employee is required to appear at the morning session of the court and has to return on the same day after the noon recess of the court. 9. Call Backs 9.1 Employees in the classifications represented by the Police Association in Group 2 who are called back to work after completing their regular tour of duty shall be guaranteed four (4) hours pay and their working time on call back shall include travel time from their respective residences provided that they report promptly after called. 10. Uniform and Clothing Allowance 10.1 Vernon will pay,to or on account of each employee in the classifications represented by the Police Associ- ation in Group 2, who has completed his probationary period and is required by the Vernon Police Department to own and maintain a uniform and who is on the active payroll of the Vernon Police Department, up to One Hundred Fifty Dollars ($150.00) per fiscal year of Vernon for the purchase of uniforms upon presentation of appropriate vouchers or invoices to the designated representative of the Vernon Police Department. 10.2 Effective July 1, 1976, Vernon will pay to or on account of each employee in the classifications represented by the Police Association in Group 2 who has completed his pro- bationary period and is permitted to wear civilian clothing and -6- EXHIBIT --L 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 '. who is on the active payroll of the Vernon Police Department, up to One Hundred Fifty Dollars ($150.00) per fiscal year of """Alt.. Ven:H;m for the r'eplacement of such clothing damaged or destroyed in the line of duty upon presentation of appropriate vouchers or invoices to the designated representative of the Vernon Police Department. 10.3 It is the intent of the parties hereto that the payments provided for in this Section 10 constitute reimburse- ment for incurred expenses and not income. 11. Overtime 11.1 Overtime pay shall be computed to include, in addition to the employee's base rate of pay, certificate incentivE pay and haz~rd pay wherever applicable. 11.2 A sergeant shall earn compensatory time off i f . k " d' h. I or overt1me wor ed at a stra1ght t1me rate. However, ur1ng t 11 contract period (August 1, 1978 - June 30, 1979), a sergeant only, may elect to receive paid overtime and, in such event said election to receive paid overtime is made, he shall receive paid overtime at the rate of time and one-fifth (1/5th) his base rate for any overtime worked. 11.3 The sergeants' right to elect paid overtime at the time and one-fifth (l/5th) rate shall expire on June 30, 1979 and shall not continue beyond said date. 12. Safety Equipment 12.1 Vernon will furnish four (4) bullet-proof vests on a need basis to employees in the classifications re- presented by the Police Association in Group 2. 12.2 Em~loyees who carry a private weapon which has -7- EXHIBIT l ,: 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 ,.- been expressly approved by the Vernon Police Department and suffer the loss or damage of such weapon in the line of ~uty shall be .......- ..... compensated by the City of Vernon up to the amount of the replace- ment cost of the official issue weapon of the Vernon Police Department unless such loss ordam~ge was caused by the employee's negligence. 13. Vacations 13.1 Employees in the classifications represented by the Police Association in Group 2 may take all or part of their vacation in increments of one (I) or more days as determined by the Chief at his discretion with due regard for the wishes of the employees and the needs of the Department. Employees who desire to take accrued vacations in increments of less than one (1) week must give at least two (2) days' advance written notice to the Chief or his designee and such request will be honored only if, in the opinion of the Chief or his designee, the manpowe or service level on the day or days and at the time is adequate t permit granting of such request. 13.2 Sergeants will be permitted to take five (5) days off during the 1978-1979 fiscal year at the sergeants dis- cretion subject, however, to the conditions set forth in 13.1 above, said days will not be considered to be a part of the curre vacation and holiday practices but shall be permitted during this contract year only and said right to take said days shall expire on June 30, 1979 whether or not said days have been taken and in no event shall continue beyond said date. 1lJ;!:3 3 In all other .re~;pects, ~acation policies are to remain consistent with 14. l>11ll.tary Tl.me t t'/) ~ pas prac lCes~ ~ ." 14.1 Effective July 1,1976, or as soon thereafter -8- EXHiBJTL 1 2 3 4 5 6 7 I, 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 'as PERS allows, the City will adopt the provisions of Assembly Bill 898 .of 1974, amending section 20930.3 of the Government COdE 15. Shooting, Pay ~... .;t_, 15.1 It is recognized by Vernon and the Associatio that a peace officer must qualify in the firing range on a monthly basis in order to continue to receive shooting pay. So lo~g as yernon does not have its own shooting range and at any time thereafter in the event Vernon's shooting range shall become inoperable, any employee in the classifications represent by the Police Association in Group 2 who through no fault of his own is unable to use firing range facilities to meet the aforesaid Departmental qualification standards during any given month shall have his shooting pay continue at the same rate whi.ch was applicable during the previous month. 16. Peace Officerst Standards and Training Certificate Incentives: 16.1 Effective January 1, 1974, employees in the classifications represented by the Police Association in Group 2 who have completed their probationary period shall be ~ntitled to peace officers' standard and training certificate incentive pay as follows: 16.1.1 Two and one-half percent (2-1/2%) of. t employee's basic monthly salary excluding all other compensation fo~a POST intermediate certificate. 16.1.2 Five percent (5%) of the employee's basic monthly salary excluding all other compensation for a POST advanced certificate. 16.2 Payment of the aforesaid incentive compensati -9- I1XHIBIT ~ '. shall not be cumulative and only the highest applicable incenti pay shall be paid. 16.3 Incentive pay shall be payable commencing wit ....., the month of January, 1974, the month following the month during which the certificate is granted, or the month following complet of the employee's probationary period, whichever is latest. 17. "In Lieu" Holidays: 17.1 Effective July 1, 1974, employees in the classifications represented by the Police Association in Group 2 shall receive five (5) "in lieu" holidays per fiscal year. 17.2 The said "in lieu" holidays will be credited each employee on July 1, 1974, and on each subsequent July 1 whi he is on the active payroll of the Department in a classificatio represented by the Police Association in Group 2 and must be taken prior to the immediately following July 1. Such "in lieu" holidays may be taken as days off on dates desired by the employ subject to the convenience of the Vernon Police Department, or a assigned by the Vernon Police Department. Such "in lieu" holida if not taken, shall not be paid for except if the employee was denied an opportunity to take them off during the year for which such "in lieu" holidays were granted. In that case only, the . employee shall be paid for said "in lieu" holidays not taken with his first payroll check on or after July ~ of the year following the year for which the "in lieu" holidays were credited, at his then basic rate, excluding all other compensation, computed in accordance with the applicable Salary Resolution o~ Vernon. An employee who quits or is terminated shall not be entitled to any compensation for "in lieu" holdays not taken. EXHI81TL-lO- 1 2 3 4 5 6 7 I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 , 18. Grievance Procedure 18.1 Vernon will adopt ~ grievance procedure ..., ap~licable to all patrolmen and sergeants containing the followi principles: 18.1.1 A grievance will be defined as a dispute between the City and an employee or employees adversely affected thereby over interpretation or application of any pro- vision of this Memorandum of Understanding. "Days" as used here' shall be those days that the City Hall of the City of Vernon is open part or all of the day. "Immediate supervisor" is the lowest level management or supervisory person having immediate jurisdiction over the grievant. 18.1.2 Step 1 The aggrieved employee shall present orally or in writing his grievance to his immediate supervisor within five (5) working days of the occurrence of the action givi rise to the grievance. Discussions will be informal for the purpose of settling differences in the simplest and most direct manner. The immediate supervisor shall reach a decision and communicate it orally or in writing to the aggrieved employee the Municipal Employee Relations Representative (MERR) within two (2) working days from the date the grievance was presented him. 18. 1. 3 Step 2 If the grievance is not settled at the first step to the satisfaction of all parties, either the MER} of the aggrieved employee within two (2) working days of the answer in the first step, shall reduce the grievanGe to writing, ex -11- EXH ISl T --U...... . I., o , . 1 sign it and present it to the Department Head or his designee. 2 The Department Head or his designee shall obtain the facts con- 3 cerning the alleged grievance and shall within five (5) working 4 days of receipt of the written grievance conduct a meeting betwee 5 himself, his representative if needed, and the aggrieved employee 6 The Department Head or his designee shall notify the aggrieved 7 employee and the MERR of his decision not later than five (5) 8 working days following the meeting date. 9 18.1. 4 Step 3 10 If the grievance is not settled at 11 Step 2, it may, upon the request of either the employee or the 12 MERR, be submitted to the mediation by the California State 13 Conciliation Service. The mediator designated by the Service sh 14 attempt to. adjust the grievance. Proposals, concessions and 15 admissions made during the course of such mediation shall be 16 confidential and not be used in any subsequent proceedings. If 17 the grievance is not settled to the satisfaction of all parties 18 within twenty (20) days of the designation of the mediator by th 19 Service, then the grievance shall be deemed not to have been 20 settled at Step 3. 21 18.1.5 Step 4 22 If the grievance is not settled to thE 23 satisfaction of all parties at Step 3, then the grievance shal1 1 24 submitted to the City Council of the City of Vernon for determin<: 25 tion. The Council shall conduct such hearings and receive such 26 evidence as it deems appropriate. The City Council will make 27 the final decision at its sole discretioni however, the mediator 28 from Step 3 above will be allowed to participate with the Counci: EXHIBIT ~ -12- I, " ," 1 during an executive deliberative session wherein managment 2 representatives and employee representatives shall ~e excluded ""', 3 from said deliberative session. The decision of the Council 4 shall be final and binding on the parties. 5 18.1.6 The Council's decision will be 6 provided in a written format which will be given to the grievant 7 after the decision is made. 8 19. Rules and Regulations 19.1 Vernon will undertake to codify the rules and 9 10 regulations in the Police Department and make the same available 11 to the Association on or before October 15, 1978, for the purp?se 12 of meeting and consulting. 13 19.2 Disputes concerning the interpretation only 14 of said "Rules and Regulations" after their final adoption by the 15 City Council shall be subject to the grievance procedure provided 16 for herein (Section 14). 17 19.3 It is further agreed that in the event there 18 is a dispute concernin9 the interpretation of a rule and regulati, 19 administrative action implementirtg said rule or regulation shall 21 20 be stayed pending the final resolution of said dispute. 19.4 It is intended that disputes concerning int~r- 22 pretation and not disputes coricerningimplementation shall be 23 subject to said grievance procedure. 24 25 20. Relief For Sergeants 20.1 City will guarantee that the patrol sergeants 26 will be entitled to take one (1) weekend off per month (including 27 Saturday and Sunday). 28 III IJ EXH I B IT..JL.... -13- - ',1 I, , '. 21. New Ser<]ca'nts_'_-' Relief position ,., 2 21.1 Vernon shall establish a new sergeants' relief 3 position with a salary equal to the salary now received by patrol 4 . , sergeants and the Chief of Police shall have the discretion to 5 assign additional duties to the sergeant assigned to this position in addition to the relief duties contemplated herein. 6 7 22. Savings Clause and Legal Limitations 8 22.1 It is understood and agreed that this Memorandl 9 of Underst~nding and any and all Resolutions or Ordinances adopted in implementation thereof are and shall be subject to all present 10 11 and future applicable federal and state laws and regulations and 12 shall be effective and implemented only to the extent permitted by 13 such laws and regulations. If any part of this Nemorandum of 14 Understanding or of any Resolution or Ordinance adopted in imp~e- 15 16 mentation thereof is in conflict or inconsistent with any such applicable provisions of federal or state laws or regulations 17 or otherwise held to be invalid or unenforceable by any tribunal 18 of competent jurisdiction, such part or provision shall be 19 suspended and superseded by such applicable laws and regulations 20 and the remainder of this Memorandum of Understanding shall not 21 be affected thereby and shall remain in full force and effect. 22 23. Term 23 23.1 The terms agreed upon by this Memorandum of 24 Understanding shall take effect upon approval by one or more 25 Resolutions or Ordinances of the City Council of Vernon and 26 shall remain in full force and effect until midnight, June 30, 27 1979; provided further that the provision concerning the adoption 28 of the CHP Plan shall'remain in full force and effect until -14- EXHIBIT ----11- , . '. ..Y-' I. " ,. 1 February 1, 1979 or until the adoption of such CHP Plan is 2 approved by PERS, whichever is later. The Police Association <. <. 3 here.by expressly waives any right to request any improvements or 4 other changes in the wages, hours or other conditions of employ- 5 ment of employees in the classifications represented by the Polic 6 Association in Group 2, to take effect prior to July 1, 1979, and 7 as to the CHP Plan prior to July 1, 1979 or the date of 8 approval of its qdoption by PERS, whichever is later, and Vernon 9 shall not be required to meet and confer as to any such request. 10 23.2 If the Police Association desires to meet 11 and confer with Vernon concerning improvements or changes in 12 salaries, wages, hours or other conditions of employment to take 13 effect on or about July 1, 1979, it shall serve upon the MERR a 14 written request to meet and confer no later than March 1, 1979 or 15 at least four (4) months prior to July 1st of the year for which 16 such changes are sought. 17 18 VERNON POLICE OFFICERS' BENEFIT ASSOCIA'rION 19 20 BY:~ ;::.~; DATED: ~~b/7r 21 22 23 24 25 26 CITY REPRESENTATIVE OF THE CITY OF VERNON, A Municipal Corporation ~~~/4~~~ Bruce V. Malkenhorst Municipal Employ e Relations Representative By: 27 28 DATED: . -15- E:XH I B IT -It......