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Resolution No. 4667 " ./'"'1 . .. ., .. .. ... 1 RESOLUTION NO. 4667 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE MUijICIPAL EMPLOYEE RELATIONS REPRESENTATIVE'OF THE CITY OF VERNON AND THE VERNON POLICE OFFICERS' BENEFIT ASSOCIATION (EMPLOYEE GROUP 2) 4 5 6 7 THE CITY COUNCIL OF THE CITY OF VERNON RESOLVES AS 8 FOLLOWS: 9 WHEREAS, the Vernon Police Officers' Benefit Association 10 has been recognized as an employee organization, pursuant to 11 Resolution No. 4027 of the City Council of the City of Vernon, 12 and have met and conferred with the Municipal Employee Relations 13 Representative of the City of Vernon; and 14 WHEREAS, members of the Vernon Police Officers' Benefit 15 Association, representing Employee Group 2, have jointly met and 16 pursuant to said meeting and conferring have executed a 17 Memorandum of Understanding with the Municipal Employee Relations 18 Representative of the City of Vernon, covering the period 19 September 1, 1979 to and including August 31, 1982, which is 20 attached hereto marked Exhibit "A" and incorporated herein as 21 though fully set forth at length; and 22 WHEREAS, the City Council of the City of Vernon does 23 hereby approve said Memorandum of Understanding. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 25 THE CITY OF VERNON AS FOLLOWS: 26 SECTION 1: That the City Council of the City of Vernon 27 does hereby approve and ratify the Memorandum of Understanding 28 between the Municipal Employee Relations Representative of the .J . ,. . 1 City of Vernon and the Vernon Police Officers' Benefit Association 2 (Employee Group 2). 3 SECTION 2: That the approval and ratification set forth 4 he~ein are subject to all the terms, covenants and conditions 5 contained in said Memorandum of Understanding. 6 SECTION 3: That the City Clerk of the City of Vernon 7 shall certify to the passage of this Resolution and thereupon and ther~after the same gAall be in full force and effect. APPROVED AND ADOPTED this 23rd day of August, 1979. 8 9 10 11 12 ATTEST: 13 ~~4/v ~ BRUCE V. MALKENHORST, City Clerk 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- -iX~??:. ~~v'1~ ~THOMAS A. YBAR~, Mayor Pro Tem , .. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .....' ,. 1. STATE OF CALIFORNIA ) ) ss 2 COUNTY OF LOS ANGELES ) 3 4 I, BRUCE V. MALKENHORST, City Clerk of the City of 5 Vernon, do hereby certify that the foregoing Resolution, being 6 Resolution No. 4~67 , was duly adopted by the City Council 7 of the City of Vernon, and was approved by the Mayor of said 8 City at an adjourned meeting of the City Council held on Thursday, 9 August 23 , 1979. 10 11 6~pY/evL-~ 12 13 BRUCE V. MALKENHORST, City Clerk 14 (SEAL) -3- .,' ..,~ MEMORANDUM OF UNDERSTANDING BETWEEN THE MUNICIPAL EMPLOYEE RELATIONS REPRESENTATIVE OF THE CITY OF VERNON AND THE VERNON POLICE OFFICERS' BENEFIT ASSOCIATION 9 (Employee Group 2) (August 23, 1979) 10 11 This Memorandum of Understanding is entered into with 12 reference to the following facts: 13 1. On"or about nay 16, 1973, upon petition filed by the 14 Vernon Police Officers' Benefit Association (hereinafter called 15 "Police Association"), pursuant to Resolution No. 4027 of the 16 City Council of the City of Vernon (hereinafter called "Vernon"), . 17 the City Clerk of Vernon, certified that the Vernon Police Associ- 18 ation is the recognized employee organization for its members 19 employed by Vernon in the employee group defined in the aforesaid 20 Resolution as "all full-time and regular part-time employees in 21 the Police Department except management and confidential employees 22 (Section 8B(2) -- "Group 2"). 23 2. Section 4F of Resolution 4027 provides that employees 24 of Vernon who are peace officers are prohibited from forming, 25 joining orparticipatinq in any employee orqanization except an 26 employee organization which is composed of solely such peace 27 officers and is not subservient to any other organization. By 28 letter dated May 10, 1973, from the Police Association to the 1 2 3 4 5 6 7 J 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 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 condition 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 includin9" August 23, 1979. 4. TheMERR 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 changes in wages, hours and other conditions of employment agreed upon in this Memorandum of Understanding. The Police Association and the MERR agreeasfol1ows: 1. This Memorandum of Understanding constitutes a joint recommendation by the Police Association and the MERR to be sub- mitted to the City Council of Vernon for its determination and approval by one or more Resolutions or Ordinances as the City Council may deem fit and proper. 2.A Salaries 2.1A (1) Vernon ~h~ll establish forPatrolmen I effect:i.ve August 26, 1979, the tollowing salaries: III 1/1 -2- 10 11 12 13 , ., . .' .. 1 Patrolmen I: Grade 1 $1,484.00 per month 2 1,404.00 per month 3 1,329.00 per month 4 1,258.00 per month 5 1,191.00 per month 2 3 4 5 6 2.1A (2) Vernon shall establish for Patrolmen I 7 effective January 27, 1980, the fOllowing salaries: 8 Patrolmen I: Grade 1 $1,484.00 per month 2 1,404.00 per month 3 1,329.00 per month 4 1,258.00 per month 5 1,191.00 per month 9 2~lA (3) Vernon shall establish for Patrolmen I 14 effective September 7, 1980, the following salaries: 15 16 17 18 19 20 Patrolmen I: Grade 1 $1,558.00 per month 2 1;474.00 per month 3 1,395.00 per month 4 1,321.00 per month 5 1,251.00 per month 2.1A (4) Vernon shall establish for Patrolmen I 21 effective February 7, 1981, the following salaries: 22 23 24 25 26 27 Patrolmen I: Grade 1 $1,589.00 per month 2 1,503.00 per month 3 1,423.00 per month 4 1,347.00 per month 5 1,276.00 per month 2.1A (5) Vernon shall establish for Patrolmen I 28 effective September 6, 1981, the following salaries: -3- 10 11 12 13 .., . .' .!O 1 Patrolmen 1: Grade 1 $1,668.00 per month 2 1,578.00 per month 3 1,494.00 per month 4 1,414 .00 per month 5 1,340.00 per month 2 3 4 5 6 2.1A (6) Vernon shall establish for Patrolmen I 7 effective February 7, 1982, the following salaries: 8 Patrolmen 1: Grade 1 $1,701.00 per month 2 1, 610.00 per month 3 1,524 .00 per month 4 1,442.00 per month 5 1,367 .00 per month 9 2.2A (1) Vernon shall establish for Patrolmen II 14 effective August 26, 1979, the following salaries: 15 16 17 18 19 20 Patrolmen II: Grade 1 $1,839.00 per month 2 1,751.00 per month 3 1,669.00 per month 4 1,588.00 per month 5 1,505.00 per month 2.2A (2) Vernon shall establish for Patrolmen II 21 effective January 27, 1980, the fOllowing salaries: 22 23 24 25 26 27 Patrolmen II: Grade 1 $1,839.00 per month 2 1,751.00 per month 3 1,669.00 per month 4 1,588.00 per month 5 1,505.00 per month 2.2A (3) Vernon shall establish for Patrolmen II 28 effective September 7, 1980, the following salaries: -4- 1 2 3 4 5 6 2.2A (4) Vernon shall establish for Patrolmen II 7 effectiVie February 7, 1981, the following salaries: 8 9 10 11 12 13 2.2A (5) Vernon shall establish for Patrolmen II 14 effective September 6, 1981, the following salaries: 15 16 17 18 19 20 2.2A (6) Vernon shall establish for Patrolmen II 21 effective February 7, 1982, the following salaries: 22 23 24 25 26 27 2.3A (1) Vernon shall establish for Sergeants 28 effective August 26, 1979, the following salaries: ". . ' Patrolmen II: Grade 1 $1,931.00 per month 2 1,839.00 per month 3 1,752.00 per month 4 1,667.00 per month 5 1,580.00 per month Patrolmen II: Grade 1 $1,970.00 per month 2 1,876.00 per month 3 1,787.00 per month 4 1,700.00 per month 5 1,612.00 per month Patrolmen II Grade 1 $2,069.00 per month 2 1,970.00 per month 3 1,876.00 per month 4 1,785.00 per month 5 1,693.00 per month Patrolmen II Grade 1 $2,110.00 per month 2 2,009.00 per month 3 1 ,913.00 per month 4 1,821 .00 per month 5 1, 727 .00 per month -5- 10 11 12 13 '. ~'. . .. 1 Sergeants: Grade 1 $2,053.00 per month 2 1,973.00 per month 3 1,934.00 per month 4 1,877.00 per month 5 1,779.00 per month 2 3 4 5 6 2.3A (2) Vernon shall establish for Sergeants 7 effective January 27, 1980, the following salaries: 8 Sergeants: Grade 1 $2,094 .00 per month 2 2,033. 00 per month 3 1,973.00 per month 4 1, 950.00 per month 5 1,815.00 per month 9 2.3A (3) Vernon shall establish for Sergeants 14 effective September 7, 1980, the following salaries: 15 16 17 18 19 20 Sergeants: Grade 1 $2,199.00 per month 2 2,135 .00 per month 3 2 ,072.00 per month 4 2,011.00 per month 5 1,906. 00 per month 21 effective February 7, 1981, the following salaries: 2.3A (4) Vernon shall establish for Sergeants 22 23 24 25 26 27 Sergeants: Grade 1 $2,287.00 per month 2 2,220.00 per month 3 2,155.00 per month 4 2,091.00 per month 5 1,982.00 per month 28 effective September 6, 1981, the following salaries: 2.3A (5) Vernon shall establish for Sergeants -6- 9 10 11 12 13 14 15 16 17 . .' 1 Sergeants: Grade 1 $2,401.00 per month 2 2,331.00 per month 3 2,263.00 per month 4 2,196.00 per month 5 2,081.00 per month 2 3 4 5 6 2.3A (6) Vernon shall establish for Sergeants 7 effective February 7, 1982, the following salaries: 8 Sergeants Grade 1 $2,449.00 per month 2 2,378 .00 per month 3 2,308.00 per month 4 2,240.00 per month 5 2,123.00 per month 2.B Merit Steps 2.1B Promotions or salary increases to higher grades are merit steps only and $hall be available to employees as recognition and reward for satisfactory serv.ices after one (1) year in service at present grade. The promotion or salary 18 increase to said higher grade shall remain in the sole discretion 19 of the City Council. 20 21 22 23 24 25 26 27 28 2.2B Notwithstanding the above provision, any person employed in a position of Patrolmen I, Grade 5, shall be appointed to Grade 4 upon his successful completion in an assigned training academy and any person employed in a position of Patrolmen It Grade 4, shall be appointed to Grade 3 after serving at least six (6) months in the field and upon receiving a merit evaluation of high competent. Any person who qualifies for said increase shall have his anniversary date for future merit increases established as of the date said officer -7- ..... 1 is appointed to Patrolmen I, Grade 3. 2 2.C Promotion 3 2.1C A Patrolmen I shall be eligible to be promoted 4 to a Patrolmen II position after serving at least twenty-four (24) 5 months as a Patrolmen I and upon receiving a satisfactory merit 6 evaluation. 7 2.2C The promotion of a Patrolmen I to a Patrolmen 8 II position shall not result in reduction in pay, and the Patrol- 9 men I being promoted shall be classified in such manner that he 10 receives at least a 5% increase in pay for the position to which 11 he is promoted. 12 3. Work Schedule 13 3.i The Vernon Chief of Police at his sole dis- 14 cretion shall establish the work schedule. 15 3.2 No existing personnel in Gro"Up 2 will be layed- 16 off during the term of this agreement. 17 4. Life, Health, and Dental Insurance 18 4.1 Effective September 1, 1979, and for each month 19 thereafter thro"Ugh August 31, 1982, inclusive, vernon will pay 20 on account of insurance coverage for each employee in. the classi- 21 fication of Patrolman and Sergeant and for such employees' de- 22 pendents a sum equal to the premium charge for such coverage as 23 of June 1, 1979 to provide the benefits available under the 24 insurance policy or policies in effect as of June 1, 1979. 25 4.2 Effective June 1, 1980 and for each month 26 thereafter through August, 1982, Ver~on will pay on account of 27 the insurance coverage described in subsection 4.1 above any 28 increase in such premiums. -8- ." -9- ,;.... 1 examination. 2 8. Court Attendance and "Stand By" 3 8.1 Employees in the classifications represented 4 by the Police Association in Group 2 shall be compensated for 5 court appearances in the line of duty outside regular scheduled 6 duty hours as follows: 7 8.1.1 Thirty-Five Dollars ($35.00) for an 8 appearance which requires the employee's presence for half a 9 court day or less from August 26, 1979 through September 5, 1981, 10 and forty Dollars ($40 ~OO) from September 6, 1981 through and in.,. 11 cluding August 31, 1982. 12 8.1.2 Sixty Dollars ($60.00) for an appearance 13 which requires the employee's presence for a full court day or 14 less, but more than a half court day from August 26, 1979 through 15 September 5, 1981, and seventy dollars ($70.00) from September 6, 16 1981 through and including August 31, 1982. 17 8.2 An appearance shall be deemed for more than a 18 half court day if the employee is required to appear at the 19 morning session of the court and has to return on the same day 20 after the noon recess of the court. 21 8.3 Court appearances which extend beyond an. 22 employee's normal shift assignment shall be compensated as paid 23 overtime unless said paid overtime exceeds thirty-five dollars 24 ($35.00) in which event said employee shall receive the sole sum 25 of thirty-five dollars ($35.00) as court appearance compensation. 26 8.4 Employees in the classification represented by 27 the Police Association in Group 2 shall be compensated for "stand 28 by" status when requested by the Superior Court, Municipal Court, -10- 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 . ( . . District Attorney's Office, or the Vernon Police Department in the line of duty outside regular scheduled duty hours as follows: 8.4.1 Fifteen dollars ($15.00) for half a court day ending at 1:45 p.m. 8.4.2 Thirty dollars ($30.00) for a full court day. 8.4.3 However, if said employee is required to appear in court, he shall receive court appearance compensation rather than "stand by" compensation. 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 each employee in the classifications represented by the Police Association in Group 2, who has completed his first year of service 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, One Hundred Fifty Dollars ($150.00) per fiscal year of Vernon for the purchase of uniforms and related equipment on September 1, 197 , One Hu.ndred Sixty-Five Dollars ($165.00) on September 1, 1980 and One' Hund.t;'ed:.Seventy;"'Five D<:>llars ($175.00) on September 1, 1981. 10.2 Vernon will pay to each employee in the classi- fications represented by the Police Association in Group 2 who -11- ...~, -. . . .. . 1 has completed his first year of service and is permitted to wear 2 civilian clothing and who is on the active payroll of the Vernon 3 Police Department, one hundred dollars ($100.00) per fiscal year 4 of Vernon for the purchase of such clothing and related equipment 5 on September 1, 1979 and September 1, 1980 and one hundred tweIlty- 6 five dollars ($125.00) on September 1, 1981. 7 10.3 It is the/intent of the parties hereto that 8 the payments provided for in this Section 10 constitute reimburse- 9 ment for incurred expenses and not earned income. 10 11. Time 11 An employee shall accumulate overtime at a 12 ostraight time to fulfill and maintain a total of forty (40) 13 hours of time off in order to qualify for paid 14 overtime. 15 .2 An employee must receive overtime pay after 16 he has accumul a total of forty (40) hours of compensatory 17 time off. 18 .3 Overtime pay shall be computed to include, in 19 addition to employee's base rate of pay, certificate incentive 20 pay and wherever applicable. .4 An employee is not permitted to accumulate 21 22 compensatory t'me off in excess of forty (40) hours. 23 1 .5 All employees who have accumulated compensatory 24 time off as of August 17, 1979 in excess of forty (40) hours shall 25 receive a lump sum payment for said hours as paid overtime at 26 20% of their c rrent hourly rate. 27 1 .6 All employees who have accumulated compensatory time off as of the date of separation shall receive a lump sum 28 payment for sa d hours as paid overtime at 50% of their current hourly rate. -12- . , . '> .. of 1 12. Safety Equipment 2 12.1 Vernon will maintain four (4) bullet-proof 3 vests and provide said vests on a need basis to employees in the 4 classifications represented by the Police Association in GrOup 2. 5 12.2 Employees who carry a private weapon which has 6 been expressly approved by the Vernon Police Department and suffer 7 the loss or damage of such weapon in the line of duty shall be 8 compensated by the City of Vernon up to the amount of the replace- 9 ment cost of the official issue weapon of the Vernon Police lO Department unless such loss or damage was caused by the employee's 11 negligence. 12 13. Vacations 13 13:1 Employees in the classifications represented by 14 the Police Association in Group 2 may take all or part of their 15 vacation in increments of one (1) or more days as determined by 16 the Chief at his discretion with due regard for the wishes of 17 the employees and the needs of the Department. Employees who 18 desire to . take vacations in increments of less than one (1) week 19 must give at least two (2) days' advance written notice to the 20 Chief or his designee and such request will be honoreq only if., 21 in the opinion of the Chief or his designee, the manpower or 22 service level on the day or days and at the time is adequate to 23 permit granting of such request. 24 14. Peace Officers' Standards and Training Certificate 25 Incentives 26 14.1 Effective January 1, 1974, employees in the 27 classifications represented by the Police Association in Group 2 28 who have completed their probationary .period shall be entitled to -13- ~. -14- ,', .' 1 if not taken, shall not be paid for except if the employee was 2 denied an opportunity to take them off during the year for which 3 such "in lieu" holidays were granted. In that case only, the 4 employee shall be paid for said "in lieu" holidays not taken with 5 his first payroll check on or after July 1 of the year following 6 the year for which the "in lieu" holidays were credited, at his 7 then basic rate, excluding all other compensation, computed in 8 accordance with the applicable Salary Resolution of Vernon. An 9 employee who quits or is terminated shall not be entitled to any 10 compensation for "in lieu" holidays not taken. 11 12 16. Shooting Pay 16..1 It is recognized by Vernon and the Association that a peace officer must qualify in the firing range on a monthly and meet the existing minimum level of difficulty within a six (6) month period. b~sislin order to continue to be employed and to receive shooting 13 14 15 pay. However, said qualification shall not occur during duty 16 hours and must be accomplished during off duty time. 17 16.2 Officers who achieve the following qualifica- 18 tions shall receive compensation as follows: 19 Marksman $ 5.00 per month Sharpshooter 7.50 per month Expert 10.00 per month Distinquished Expert 15.00 per month 20 21 22 23 24 16.3 The existing shooting pay policy will remain 25 26 27 in effect until the MERR and the Association representatives meet and confer about 1:6..1:, and: ,the:rcqui,r~men:1;:s, 'f~n;. actde:v-ing.the ,q:u~:J.;:i i :qa.t'ions' provided: fori:n 'l,6.2:~abo:Ve,and:j:;.b:~j--,d:e'lle(l.opmen:t ,o-f :.:a shooti g 28 range schedule to accomodate the needs of the Police Department -15- ,,;..r,,~iJ"'llII!ll7,w.... '. 1 and its employees. 2 3 17. Grievance Procedure 17.1 Vernon will adopt a grievance procedure 4 applicCible to all Patrolmen and Sergeants containing the following 5 principles: 6 17.1.1 A grievance will be defined as a 7 dispute between the City and an employee or employees adversely 8 affected thereby over interpretation or application of any pro- 9 vision of this Memorandum of UnderstCinding. "Days" as used herein 10 shall be those days that the City Hall of the City of Vernon is 11 open part or all of the day . "Inunediate supervisor" is the lowest 12 level management or supervisory person having inunediate juris- 13 diction over the grievant. 14 17.1.2 Step 1 15 The aggrieved employee shall present orally 16 or in writing his grievance to his inunediate supervisor within 17 five (5) working days of the occurrence of the action giving rise 18 to the grievance. Discussions will be informal for the purpose 19 of settling differences in the simplest and most direct mCinner. 20 The inunediate supervisor shall reach a decision and conununicate it 21 orally or in writing to the aggrieved employee and the Municipal 22 Employee Relations Representative (MERR) within two (2) working 23 days from the date the grievance was presented to him. 24 17.1.3 Step 2 25 If the grievance is not settled at the first 26 step to the' satisfaction of all parties, either the MERR or the 27 aggrieved employee within two (2) working days of the answer in 28 the first step, shall reduce the grievance to writing, sign it -16- ,,,,,,-':~T~:-"l'-""__;':"~:......'''~~.JI''~-'_....,,.,,.... --.-" .~. '" """~.- .. , . 1 and present it to the Department Head or his designee. The 2 Department Head or his designee shall obtain the facts concerning 3 the alleged grievance and shall within five (5) working days of 4 receipt of the written grievance conduct a meeting between himself 5 his representative if needed, and the aggrieved employee. The 6 Department Head or his designee shall notify the aggrieved employe 7 and the MERR of his decision not later than five (5) working days 8 following the meeting date. 9 17.1.4 Step 3 10 If the grievance is not settled at Step 2, it 11 may, upon the request of either the employee or the MERR, be 12 submitted to the mediation by the California State Conciliation 13 Service. The mediator designat.ed by the Service shall attempt to 14 adjust the grievance. Proposals, concessions and admissions made 15 during the course of such mediation shall be confidential and 16 not be used in any subsequent proceedings. If the grievance is 17 not sett;led to the satisfaction of all parties within twenty (20) 18 days of the designation of the mediator by the Service, then the 19 grievance shall be deemed not to have been settled at Step 3. 20 17.1.5 Step 4 21 If the grievance is not settled to the 22 satisfaction of all parties at Step 3, then the grievance shall be 23 submitted to the City Council of the City of Vernon for dete:nnina- 24 tion. The Council shall conduct such hearings and receive, such 25 evidence as it deems appropriate. The City Council will make 26 the final decision at its sole discretion; however, the mediator 27 from Step 3 above will be allowed to participate with the Council 28 during an executive deliberative session wherein management -17- 1 representatives and' employee representatives shall be excluded 2 from said deliberative session. The decision of the Council shall 3 be final and binding on the parties. 4 17.1.6 The Council's decision will be provided 5 in a written format which will be given to the grieva.nt after the 6 decision is made. 7 l8.A Rule.s and Regulations 8 l8.1A Vernon will undertake to codify the rules and 9 regulations in the Police Department and make the same available 10 to the Association on or before December 15, 1979, for the purpose 11 of meeting and consulting. 12 l8.2A Disputes concerning the interpretation only 13 of said "Rules and Regulationstl after their final adoption by the 14 City Council shall be subject to the grievance procedure provided 15 for herein (Section 17). 16 18. 3A It is further agreed that in the event there 17 is a dispute concerning the interpretation of a rule and regulatio 18 administrative action implementing said rule or regulation shall 19 be stayed pending the final resolution of said dispute. 20 18. 4A It is intended that disputes conc~rning inter- 21 pretation and not disputes concerning implementation shall be 22 subject to said grievance procedure. 23 l8.B Management Rights 24 l8.1B The City retains all its exclusive rights 25 and authority under state Taw and expreSSly and exclusively re- 26 tains its management rights, which include, but are not limited 27 to : 28 (a) The exclusive right to determine the mis$i9n of -18- 1 its constituent departments, commissions, boards; 2 (b) Set standards and levels of service; 3 (c) Determine the procedures and standards of 4 selection for employment and promotions; 5 (d) Direct its employees; 6 (e) Establish and enforce dress and groomi.ng 7 stan<1ards; 8 (f) Determine the methods and means to relieve its 9 employees from <1uty because of lack of work or other lawful nr reasons; 11 (g) Maintain the efficiency of governmental 12 operations; 13 (h)" Determine the. methods, means and numbers an<1 14 kinds of personnel by which government operations are to be 15 conducted; 16 (i) Determine the content and intent of job 17 classifications; 18 (j) Determine methods of financing; 19 (k) Determining style and/or types of City-issued 20 wearing apparel, equipment or technology to be used; 21 (1) Determine an<1/or change the facilities, methods, 22 technology, means, organizational structure and size and com- 23 posi.tion of the work force and allocate and assign work by which 24 the City operations are to be conducted; 25 (m) Determine and change the number of locations, 26 relocations and types of operations, processes and materials to 27 be used in carrying out all City functions including, but not 28 limited to, the right to contract for or subcontract any work or -19- 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 J\ operations of the City; (n) To assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments upon reason- able notice; -20- -\ 1 will be entitled to take one (1) weekend off per month (including 2 Saturday and Sunday). 3 20. Sergeants' Relief Position 4 20.1 Vernon has established a Sergeant's relief 5 position with a salary equal to the salary received by patrol 6 sergeants and the Chief of Police has the discretion to assign 7 additional duties to the sergeant assigned to this position. 8 21. Savings Clause and Legal Limitations 9 21.1 It is understood and agreed that this Memorandu 10 of Understanding and any and all Resolutions or Ordinances adopted 11 in implementation thereof are and shall be subject to all present 12 and future applicable f.ederal and state laws and regulations and 13 shall be effective and implemented only to the extent permitted 14 by such laws and regulations. If any part of this Memorandum of 15 Understanding or of any Resolution or Ordinance adopted inimple- 16 mentation thereof is in conflict or inconsistent with any such 17 applicable provisions of federal or state laws or regulations 18 or otherwise held to be invalid or unenforceable. by any tribunal 19 of competent jurisdiction, such part or provision shall be sus- 20 pended and superseded and such applicable laws and regulations 21 and the remainder of this Memorandum of understanding shall not 22 be affected thereby and shall remain in full force and effect. 23 22. Term 24 22.1 The terms agreed upon by this Memorandum of 25 Understanding shall take effect upon approval by one or more 26 ReSOlutions or Ordinances of the City Council of Vernon and shall 27 remain in full force and effect until midnight, August 31, 1982. 28 The Police ASSociation hereby expressly waives any right to reques -21- .. .. .... . . 1 any improvements or other changes in the wages, hours or other 2 conditions of employment of employees in the classifications 3 represented by the Police Association in Group 2, to take effect 4 prior to August 31, 1982, and Vernon shall not be required to 5 meet and confer as to any such request. 6 22.2 If the Police Association desires to meet and 7 confer with Vernon concerning improv~ents or changes in salaries, 8 wages, hours or other conditions of employment to take effect on 9 or about August 31, 1982, it shall serve upon the MERR a written 10 request to meet and confer describing said improvements or changes 11 no later than June 1, 1982. 12 23. Cost of Living Modifier 13 23;1 In the event the seasonally unadjusted 14 Consumer Price Index for the Los Angeles/Long Beach metropolitan 15 area (all items; 1967 = 100) as reported by the United States 16 Department of Labor for the period between September 1, 1980 and 17 September 1, 1981 exceeds 10.0% and the average salaries appli.... 18 cable to the City of Vernon miscellaneous employees during the 19 period September 6, 1981 to August 31, 1982 exceeds the salaries 20 provided for in sections 2.1A (5) and (6), 2. 2A (5) and (6) and 21 2. 3A (5) and (6), then said salaries provided for in the above- 22 referenced sections shall be modified to equal the average 23 salaries applicable to the City of Vernon miscellaneous employees 24 during said period. 25 VERNON 26 By : 27 28 DATED: August 23, 1979 -22- . . 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .. -\ . . 1 2 CITY REPRESENTATIVE OF THE CITY ::}~2~n BRUCE V. MALKENHORST Municipal Employee Relations Reptesentative 3 4 5 6 DATED: August 23, 1979 7 8 9 -23-