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Resolution No. 4668 , . ~ - 1 RESOLUTION NO. 4668 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON ESTABLISHING VACATION POLICIES, HOLIDAYS AND "IN LIEU" HOLIDAYS FOR EMPLOYEES OF THE CITY OF VERNON AND REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH 4 5 6 7 THE CITY COUNCIL OF THE CITY OF VERNON RESOLVES AS 8 FOLLOWS: 9 WHEREAS, the City Council of the City of Vernon desires 10 to establish policies governing vacations, holidays and "in lieu" 11 holidays that will be fair and equitable to all City employees; 12 and, 13 WHEREAS, the working schedules of various employees of 14 the City Departments are not the same. 15 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 16 THE CITY OF VERNON AS FOLLOWS: 17 SECTION 1: That certain employees of the Police and 18 Water Departments of the City of Vernon, whose duties are such 19 that they do not have or receive the time-off benefits of regular 20 legal holidays, shall be entitled to three calendar weeks vacation 21 during the second year of said service and each year thereafter, 22 at full pay. 23 SECTION 2: That each employee of the City except those 24 specifically mentioned in Section 1, Section 4 and Section 6 of 25 this Resolution, shall be entitled to ten (10) working days vaca- 26 tion during the second year of said service and each year there- 27 after at full pay. Permanent, full-time employees, except those 28 specifically mentioned in Section 1, Section 4 and Section 6 of . .' . , . . 1 this Resolution, who have completed ten (10) years of continuous 2 service, shall be granted fifteen (15) working days annual vacatio 3 leave with pay. (This section shall apply but not be limited to 4 employees of the Police Department, Water Department and mis- 5 cellaneous employees of the Fire Department, as defined by the 6 PUblic Employees Retirement System of the City of Vernon, who 7 have or receive the time-off benefits of regular legal holidays. 8 SECTION 3: That all permanent, full-time employees of 9 the Police and Water Departments of the City of Vernon, whose 10 duties are such that they do not receive the benefits of regular 11 legal holidays, who have completed ten (10) years of continuous 12 service, shall be granted four (4) calendar weeks annual vacation 13 leave with pay, with a stipulation that employees entitled to 14 four (4) calendar weeks annual vacation with pay may not take 15 16 more than three (3) calendar weeks at anyone time. The only exception to the above policy is that a Department Head may for 17 good reason, in his discretion, authorize an eligible employee 18 to take all four (4) weeks at the same time. It is the intention 19 of the City Council that the fourth week granted to eligible 20 21 employees be taken at some time other than the normal or regular vacation period so that it will be unnecessary to employ ad- 22 ditional personnel during vacation periods, and that said fourth 23 week be taken any time during the calendar year that is satis- 24 factory to the Department Head. 25 SECTION 4: SHIFTS (FIRE DEPARTMENT) 26 4.1. For the period commencing January 1, 1972, and 27 continuing thereafter through the calendar year ending December 31, 28 1976, Fire Department employees engaged in fire suppression shall -2- .' , . 1 be annually scheduled to work for one hundred twenty-two (122), 2 twenty-four (24) hour shifts. 3 4.2. Said one hundred twenty-two (122) shifts shiilL.con- 4 stitute the gross shifts to be scheduled from which the following 5 shifts shall be deducted annually as, and in lieu of, paid 6 vacations and holidays: 7 4.2.1. After completion of one (1) year or more 8 years of continuous service, but less than ten (10) years-twelve 9 (12) twenty-four (24) hour shifts. 10 4.2.2. After ten (10) years or more years of con- 11 tinuous service, two (2) additional twenty-four (24) hour shifts. 12 4.3. The shifts which employees are entitled to deduct 13 pursuant to subsections 4.2.1 and 4.2.2 shall be scheduled as 14 shifts off on a year-around basis, subject to the following pro- 15 visions: 16 4.3.1. Each employee must be scheduled for at 17 least five (5) consecutive shifts off during the anniversary year 18 following his anniversary date on which he became entitled to 19 deduct the shifts in question. 20 4.3.2. Each employee must be scheduled for all 21 shifts which he is entitled to deduct as shifts off during the 22 anniversary year immediately following the anniversary date on 23 which he became entitled to deduct such shifts. 24 4.3.3. Selection of shifts off shall be by rank 25 and according to seniority within rank. 26 4.3.4. No more than two (2) officers and no more 27 than four (4) employees, including officers, in any platoon shall 28 be scheduled off duty at anyone time. -3- 1 4.3.5. The selection of shifts off shall be made 2 annually for the following calendar year not later than December 3 31 of the immediately preceding calendar year. 4 4.3.6 Employees who are entitled to deduct two (2) 5 additional shifts off pursuant to subsection 4.2.2 shall have the 6 option to accept pay instead of time off at the employee's 7 salary schedule rate for such two (2) shifts, or to be scheduled 8 off duty for the additional two (2) shifts. This option must be 9 exercised simultaneously with the selection of shifts off duty 10 pursuant to Section 4. 11 Warrants shall be issued during the month of April 12 to all eligible Fire Department personnel who have selected the 13 option to accept pay instead of time off pursuant to this section. 14 The amount each eligible person shall receive shall be based on 15 his monthly salary as of April 1st of the current year. On 16 April 1st of each year, the Fire Chief shall submit to the City 17 Clerk/Director of Finance a certified list of Fire Department 18 personnel who are eligible to receive the extra weeks pay as 19 authorized by this section. 20 4.3.7. The procedures and mechanics for the 21 scheduling of shifts off and the selection of scheduled shifts 22 off shall be established by the Fire Chief in accordance with the 23 provisions of subsection 4.3. 24 4.4. Any employee who is terminated shall be paid upon 25 his.termination for all unused shifts-off to which he became 26 entitled on his immediately preceding anniversary date, at his 27 hourly rate of pay. 28 4.5. Any employee who is permanently transferred out of -4- .' 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 the fire suppression service during an anniversary year shall be paid for his unused shifts off to which he became entitled on his immediately preceding anniversary date at his hourly rate and shall become eligible for vacation benefits on his next following anniversa~y date in accordance with City Ordinances, Resolutions and policies applicable to the classification in which he works. 4.6. Any employee with one (1) or more years of con- tinuous service who is transferred to fire suppression during an anniversary year shall be entitled to a proportionate number of shifts off to be scheduled during the remainder of his current anniversary year, unless he has already received the vacation benefits to which he became entitled on his immediately preceeding anniversary date in his prior classification. 4.7. All permanent Fire Department personnel defined as Safety Members py the Public Employees' Retirement System shall be required to take an annual leave of absence from active duty of not less than fifteen (15) consecutive days in accordance with California Gove~nment Code ~53250. SECTION 5: That permanent, full-time miscellaneous employees (as defined by the Public Employees' Retirement System), with the exception of certain employees in the Water Department who presently receive four (4) weeks vacation after ten (10) years of continuous service, who have completed fifteen (15) years of continuous service, be granted twenty (20) working days annual vacation leave with pay. Employees entitled to twenty (20) workin days annual vacation leave with pay ,:may not take more than fifteen (15) working days at anyone time. The only exception to the above policy is that a Department Head may for good reason, -5- # 1 in his discretion, authorize an eligible employee to take all 2 twenty (20) working days at the same time. It is the intention 3 of the City Council that the five (5) additional working days 4 granted to eligible employees be taken at some time other than the 5 normal or regular vacation period so that it will be unnecessary 6 to employ additional personnel .during vacation periods and that 7 the additional five (5) working days be taken any time during the 8 calendar year that is satisfactory to the Department Head. 9 5.1. That all permanent, full-time employees of the 10 Water Department of the City of Vernon, whose duties are such that 11 they do not receive the benefits or regular legal holidays, who 12 have completed fifteen (15) years or more of continuous service 13 shall be granted one-half of the employee's bi-weekly salary as 14 of April 1st of the current year. On April 1st of each year, the 15 Director of Public Works shall submit to the City Clerk/Director 16 of Finance a certified list of Water Department personnel who are 17 elig!iJble to receive the extra week's pay as authorized by this 18 section. Warrants shall be issued to all eligible Water Depart- 19 ment personnel during the month of April of each year. 20 SECTION 6: That all permanent eight (8) hour personnel 21 of the Fire Department defined as Safety Members by the Public 22 Employees' Retirement System shall be entitled to ten (10) working 23 days vacation and shall be required to take fifteen (15) con- 24 secutive days vacation in accordance with Government Code ~53250 25 during the second year of said service and each year thereafter 26 at full pay. Permanent eight (8) hour personnel of the Fire De- 27 partment defined as Safety Members by the Public Employees' Re- 28 tirement System, who have completed fifteen (15) years of con- -6- J 1 tinuous service, shall be granted twenty (20) working days annual 2 vacation leave with pay. All conditions as outlined in Section 5, 3 relative to employees entitled to twenty (20) working days annual 4 vacation leave with pay shall apply. 5 SECTION 7: It is the intention of the City Council that 6 the maximum vacation leave that any employee shall be entitled to 7 in any calendar year shall be four (4) weeks for those employees 8 designated in Section 3 and twenty (20) working days for those 9 employees designated in Sections 5 and 6. 10 SECTION 8: That all permanent, full-time employees of 11 the Police and Water Departments of the City of Vernon, whose 12 duties are such that they do not receive the benefits of regular 13 legal holidays shall be granted five (5) "in lieu" holidays per 14 fiscal year on July 1st of each year so long as said employee is 15 on the active payroll of the Department and said "in lieu" 16 holiday must be taken prior to the immediately following July 1st 17 Such "in lieu" holidays may be taken as days off on dates desired 18 by the employee subject to the convenience of the Department, or 19 as assigned by the Department. Such "in lieu" holidays, if not 20 taken, shall hot be paid for except if the employee was denied an 21 opportunity to take them off during the year for which such "in 22 lieu" holidays were granted. In that case only, the employee 23 shall be paid for said "in lieu" holidays not taken with his 24 first payroll check on or after July 1st of the year following 25 the year for which the "in lieu" holidays were granted, at his 26 then basic rate, excluding all other compensation, computed in 27 accordance with the applicable salary resolution of Vernon. An 28 employee who quits or is terminated shall not be entitled to any -7- .. '" .' 1 compensation for "in lieu" holidays not taken. "In lieu" holidays 2 shall not be considered when determining the maximum amount of 3 vacation benefits granted to said employees. 4 SECTION 9: All vacation periods shall be warranted or 5 approved by the Administrative Head of each Department and shall 6 be taken by said employee or employees at any time during the 7 calendar year that is satisfactory to the Department Head. 8 SECTION 10: No vacation or other benefits provided for 9 herein for any employee of the City of Vernon shall be accumulated 10 from calendar year to calendar year, nor shall the same be com- 11 pensated for if not utilized during a calendar year. 12 SECTION 11: All Department Heads are responsible to 13 see that they take a vacation as authorized herein, and the 14 failure to so schedule a vacation, or take the same, without the 15 City Council's approval, shall be deemed a waiver of the right to 16 take the same or be compensated for the same in any subsequent 17 calendar year. 18 SECTION 12: The following days shall be deemed to be 19 holidays for said City of Vernon and the public offices of the 20 City of Vernon shall be closed on these days: 21 (1) January 1st; 22 (2) February 12th, known as "Lincoln Day"; 23 (3) The 3rd Monday in February; 24 (4) The last Monday in May; 25 (5) July 4th; 26 (6) The 1st Monday in September; 27 (7) September 9th, known as "Admission Day'" 28 (8) The 2nd Monday in October, known as "Columbus Day"; -8- ~ -. 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 (9) (10 ) (11) (12) Day" ; (13 ) (14) November 11th, known as "Veterans Day"; DecemBer 25th; Good Friday, from 12:00 Noon to 4:30 P.M.; The day in November designated as "Thanksgiving The Friday after "Thanksgiving Day"; Every day appointed by the President or Governor for a public fast, thanksgiving, or holiday; (15) Such other days as may be designated as holidays by the City Council of the City of Vernon. If January 1st, February 12th, July 4th, September 9th, November 11th, or December 25th falls upon a Saturday, the pre- ceding Friday shall be deemed to be a holiday; or, if any of said dates falls upon a Sunday, the following Monday shall be deemed to be a holiday. The general City offices shall be closed on each Saturday and Sunday; provided, that as to any employee whose regularly scheduled work shift includes either a Saturday or a Sunday, such shall not be deemed to be a holiday for any purpose. SECTION 13: Nothing contained herein shall modify Resolution No. 4657 (four-day work week) nor affect employees participating in said pilot program. SECTION 14: It was and is the intention of the City Council that all employees serve at the pleasure of the City Council and nothing provided for herein shall be deemed to create a property right in said employee's employment. SECTION 15: That this Resolution shall take effect as of August 23, 1979, and shall remain in full force and effect -9- ... 23 28 .. . . . - , ~ . 1 unless repealed by action of the City Council of the City of 2 Vernon, and that Resolution Nos. 4225 and 4662 are specifically 3 repealed, and all Resolutions or minute orders in conflict with 4 this Resolution are hereby repealed. 5 SECTION 16: That the City Clerk of the City of Vernon 6 is hereby directed to certify to the passage of this Resolution 7 and thereupon and thereafter the same shall be in full force and 8 effect. 9 APPROVED AND ADOPTED this 23rd day of August, 1979. 10 11 ~~~~o Tern 12 ATTEST: /t~/~U -~ BRUCE V. MALKENHORST, City Clerk 13 14 15 16 17 18 19 20 21 22 24 25 26 27 -10- ... ., . . 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .. " .. . , . w. I, 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. 4668 , 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 , 19 79. 10 11 12 ~~~~/d4L. -r BRUCE V. MALKENHORST, City Clerk 13 14 (SEAL) -11-