Resolution No. 5138
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RESOLUTION NO. 5138
A RESOLUTION OE THE CITY COUNCIL OF THE CITY OF
3 VERNON APPROVI~G A MEMORANDUM OF UNDERSTANDING
BETWEEN THE MUNICIPAL EMPLOYEE RELATIONS
4 REPRESENTATIVE OF THE CITY OF VERNON AND THE
VERNON POLICE OFFICERS'BENEFIT ASSOCIATION
5 (EMPLOYEE GROUP 2) (SEPTEMBER 2, 1984)
6 WHEREAS, the Vernon Police Officers' Benefit Association
7 has been recognized as an employee organization, pursuant to
8 Resolution No. 4027 of the City Council ,of the City of Vernon,
9 and have met and conferred with the Municipal Employee Relations
10 Representative of the City of Vernon; and
11 WHEREAS, members of the Vernon Police Officers' Benefit
12 Association, representing Employee Group 2, have jointly met and
13 pursuant to said meeting and conferring have executed a Memorandu
14 of Understanding with the Municipal Employee Relations Re-
15 presentative of the City of Vernon, covering the period
16 September 1, 1984 to and including August 31, 1986.
17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
18 THE CITY OF VERNON AS FOLLOWS:
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SECTION 1: That the City Council of the City of Vernon
20 does hereby approve and ratify the Memorandum of Understanding
21 between the Municipal Employee Relations Representative of the
22 City of Vernon and the Vernon Police Officers' Benefit
23 Association (Employee Group 2), a copy of which has been presente
24 to the City Council concurrently with this Resolution and the
25 City Council hereby orders said Memorandum of Understanding to
26 be received and filed by the City Clerk.
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SECTION 2: That the approval and ratification set
28 forth herein are subject to all the terms, covenants and
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1 MEMORANDUM OF UNDERSTANDING
2 BETWEEN THE
3 MUNICIPAL EMPLOYEE RELATIONS REPRESENTATIVE
4 OF THE
5 CITY OF VERNON
6 AND THE
7 VERNON POLICE OFFICERS'' BENEFIT ASSOCIATION
8 (Employee Group 2)
9 September 2, 1984
10 This Memorandum of Understanding is entered into with
11 reference to the following facts :
12 1. On or about May 16, 1973 , upon petition filed by the
13 Vernon Police Officers ' Benefit Association (hereinafter called
14 "Police Association") , pursuant to Resolution No. 4027 of the
15 City Council of the City of Vernon (hereinafter called "Vernon") ,
16 the City Clerk of Vernon, certified that the Vernon Police Associ-
17 ation is the recognized employee organization for its members
18 employed by Vernon in the employee group defined in the aforesaid
19 Resolution as "all full-time and regular part-time employees in
20 the Police Department except management and confidential
21 employees" (Section 8B(2) -- "Group 2) . '?'
22 2. Section 4F of Resolution 4027 provides that employees
23 of Vernon who are peace officers are prohibited from forming,
24 joining or participating in any employee organization except an
25 employee organization which is composed of solely such peace
26 officers and is not subservient to any other organization. By
27 letter dated May 10 , 1973, from the Police Association to the
28 Municipal Employee Relations Representative of the City of Vernon
1 (hereinafter called "MERR") , the Police Association acknowledged
2 that its membership consists solely of police officers who are
3 peace officers . Accordingly, the Police Association represents
4 only those employees in Group 2 who are peace officers .
5 3. The Association and the MERR of Vernon have met and
6 conferred in good faith upon the wages , hours , and other condi-
7 tions of employment for the employees represented by the Police
8 Association in Group 2 in accordance with Chapter 10 , Division
9 4, Title I , of the Government Code of the State of California,
10 and as required by Resolution No. 4027 .
11 4. The MERR and the representatives of the Police Associ-
12 ation have agreed that they will jointly urge the City Council
13 of Vernon to adopt one or more Resolutions or Ordinances re-
14 flecting the changes in wages , hours and other conditions of
15 employment agreed upon in this Memorandum of Understanding.
10 The Police Association and the MERR agree as follows :
17 1. This Memorandum of Understanding constitutes a joint
18 recommendation by the Police Association and the MERR to be
19 submitted to the City Council of Vernon for its determination
20 and approval by one or more Resolutions or Ordinances as the
21 City Council may deem fit and proper.
22 2. Salaries
23 2. 1 Vernon shall establish for Police Officer I
24 effective September 2, 1984 the following salaries :
25 Step 1 $2063. 00 Per Month
26 Step 2 $1955 . 00 "
27 Step 3 1853. 00 "
28 Step 4 1756. 00
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1 2. 2 Vernon shall establish for Police Officer II
2 effective September 2 , 1984 , the following salaries :
3 Step 1 $2 ,557 . 00 Per Month
4 Step 2 2,424 . 00
i Step 3 2 ,298 . 00
6 Step 4 2 ,178. 00
7 Step 5 2 ,064 . 00 " "
8 2 . 3 Vernon shall establish for Sergeants effective
9 September 2 , 1984 the following salaries :
10 Step 1 $2 ,969. 00 Per Month
11 Step 2 2 ,814 . 00 " "
12 Step 3 2 ,667 . 00
13 Step 4 2 ,528 . 00
14 Step 5 2 ,396 . 00 "
15 2 . 4 Cost of Living Modifier
16 In the event the seasonally unadjusted consumer
17 price index for the Los Angeles/Long Beach Metropolitan Area (all
18 urban consumers Index; all items ; 1967=100) as reported by the
19 United States Department of Labor for the period August 1 , 1984
20 thru July 31, 1985, exceeds 5.25% then the salaries provided for and set forth
21 above shall be modified and increased to a sum equal to the amount obtained by
22 multiplying the existing salary times the percentage rate equal to one-half
23 of the increase in said consumer price index which is greater than 5.25%
24 Effective September 1 , 1985 .
25 2 .5 Merit Steps
26 Promotions or salary increases to higher grades
27 are merit step only and shall be available to employees as recog-
28 nition and reward for satisfactory services after one (1) year
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1 in service at present grade. The promotion or salary increase
2 to said grade shall remain in the sole discretion of the City
3 Council .
4 Notwithstanding the above provision, any person employed
5 in a position of Police Officer I , Step 4 , shall be appointed
6 to Step 3 upon his/her successful completion in an assigned
7 training academy and any person employed in a position of Police
8 Officer I, Step 3 , shall be appointed to Step 2 after serving at
9 least six (6) months in the field and upon receiving a merit
10 evaluation of high competent and any person employed in a
11 position of Police Officer I , Step 2 , shall be appointed to Step
12 I after serving at least six (6) months at said grade in the fiel.
13 and upon receiving a merit step evaluation of high competent .
14 Any person who qualifies for said increase shall have his/her
15 anniversary date for future merit increases established as of
16 the date said officer is appointed to said grade.
17 2 . 6 Promotion
18 A Police Officer I shall be eligible to be promoted
19 to a Police Officer II position after serving at least twelve
20 (12) months as a Police Officer I , Grade 1 , and upon receiving
21 a satisfactory merit evaluation.
22 The promotion of a Police Officer I to a Police Officer
23 II position shall not result in reduction in pay, and the Police
24 Officer I being promoted shall be classified in such a manner
25 that he/she receives at least a five percent (5%) increase in pay
26 for the position to which he/she is promoted.
27 2 . 7 Premium Pay for Detective Assignments :
28 A Police Officer I or a Police Officer II may be
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I assigned to the detective division to perform investigative services.
2 In the event a Police Officer I or II is assigned to the detective
3 division in accordance with the above paragraph; said police officer
4 shall receive premium pay equal to One Hundred Twenty-Five Dollars $125.00
i per month and the premium pay shall not be considered to be part of the
6 employee's basic monthly salary when computing peace officers standards
7 and training certificate incentives.
8 3. Public Employees Retirement System (PERS) Contrubitions
9 Effective September 2, 1984, the City will pay three and one-half
10 percent (32%) of the employees personal retirement contribution in
11 addition to the normal employer contribution.
12 Effective September 1, 1985, the City will pay seven percent (7%)
13 of the employee's personal retirement contribution in addition to the normal
14 employer contribution.
15 4. Work Schedule
16 4.1 The Vernon Chief of Police at his sole discretion shall establish
17 the work schedule
18 4.2 No existing personnel in Group 2 will be layed-off during the
19 term of this agreement.
20 5. Shift and Code Seven Policy
21 Patrol Personnel shall work an 82 hour shift. The first one half hour
22 shall be used for briefing and training purposes. Lunch time (code 7) shall
23 be part of the shift and is only compensable if actually interrupted for
24 purposes of an emergency service call or not allowed. If Code 7 is
25 interrupted for an emergency service call or Code 7 is not allowed the
26 officer will be compensated for one-half hour straight time or be granted
27 one half hour Code 7 time at a later part of his/her shift. An officer
28 who elects additional compensation shall not be
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1 granted additional Code 7 time during his/her shift.
2 The parties agree that the current method of scheduling and
3 utilizing Code 7 time, with the exceptions stated above shall continue. The
4 parties further agree that this section ismutually agreed upon to satisfy
5 the dictates of Madera Police Officers Association v. City of Madera (1984).
6 6. Life, Health, and Dental Insurance
7 6. 1 Effective September 1, 1984, and for each month
8 thereafter through August 31, 1986 , inclusive, (Vernon will pay
9 on account of insurance coverage for each employee in classi-
10 fication of Police Officer and Sergeant and for such employees '
11 dependents a sum equal to the premium charge for such coverage
12 as of September 1, 1984, to provide the benefits available
13 under the insurance policy or policies in effect as of
14 September 1, 1984.
15 6. 2 Through August 1986, Vernon will pay on account
16 of the insurance coverage described in subsection 6. 1 above any
17 increase in such premiums .
18 6.3 However, the City' s agreement to pay the full cost
19 of said premiums shall not create or ripen into a vested right
20 in said employee and City shall not be obligated to pay the
21 cost of or provide said life, health and dental benefits beyond
22 August 31, 1986 .
23 6. 4 City further agrees not to change, modify or alter
24 the benefits described in the current insurance policy now in
25 effect unless said changes , modifications or alterations are
26 applicable to City miscellaneous employees .
27 7. Court Attendance and "Stand By"
28 7 . 1 Employees in the classifications represented
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1 by the Police Association in Group 2 shall be compensated for
2 court appearances in the line of duty outside regular scheduled
3 duty hours as follows :
4 7 . 1 . 1 Forty Dollars ($40 . 00) for an appearance which
5 requires the employee' s presence for half a court day or less .
6 7 . 1 . 2 Seventy Dollars ($70 . 00) for an appearance which
7 requires the employee' s presence for a full court day or less ,
8 but more than a half court day.
9 7 . 2 An appearance shall be deemed for more than a
10 half court day if the employee is required to appear at the
11 morning session of the court and has to return on the same day
12 after the noon recess of the court .
13 7 .3 Court appearances which extend beyond an employee ' s
14 normal shift assignment shall be compensated as paid overtime
15 unless said paid overtime exceeds forty dollars ($40 .00) in which
16 event said employee shall receive the sole sum of forty dollars
17 ($40 . 00) as court appearance compensation.
18 7 .4 Employees in the classification represented by
19 the Police Association in Group 2 shall be compensated for "stand
20 by" status when requested by Superior Court , Municipal Court ,
21 District Attorney' s office , or the Vernon Police Department in
22 the line of duty outside regular scheduled duty hours as follows :
23 7 . 4 . 1 Fifteen dollars ($15 . 00) for half a court
24 day ending at 1 :45 p .m.
25 7 . 4 . 2 Thirty dollars ($30 . 00) for a full court
26 day.
27 7 . 4 .3 However , if said employee is required to
28 appear in court , he/she shall receive court appearance compensati n
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1 rather than "stand by" compensation.
2 8 . Overtime and Compensatory Time
3 8 . 1 An employee shall accumulate overtime at
4 a straight time rate to fulfill and maintain a total of forty
5 (40) hours of compensatory time off in order to qualify for paid
6 overtime.
7 8 . 2 An employee must receive overtime pay after
8 he/she has accumulated a total of forty (40) hours of compensatory
9 time off.
10 8 .3 Overtime pay shall be computed to include,
11 in Addition to the employee ' s base rate of pay, certificate
12 incentive pay and hazard pay wherever applicable .
13 8 . 4 An employee is not permitted to accumulate
14 compensatory time off in excess of forty (40) hours .
15 8.5 All Employees who have accumulated compen-
16 satory time off as of the date of separation shall receive a
17 lump sum payment for said hours as paid overtime at 50% of the
18 current hourly rate .
19 9 . Call Backs
20 9 . 1 Employees in the classifications represented by
21 the Police Association in Group 2 who are called back to work
22 after completing their regular tour of duty shall be guaranteed
23 four (4) hours pay and their working time on call back shall
24 include travel time from their respective residences provided
25 that they report promptly after called.
26 10 . Uniform and Clothing Allowance
27 10 . 1 Vernon will pay to each employee in the class-
28 ifications represented by the Police Association in Group 2 ,
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1 who has completed his/her first year of service and who is on the active
2 payroll of the Vernon Police Department, Two Hundred and Fifty ($250.00)
3 per fiscal year of Vernon for the purchase of uniforms and related equip-
4 'rent effective September 1, 1984 and September 1, 1985.
5 10 . 2 It is the intent of the parties hereto that the
6 payments provided for in this Section 10 constitute reimburse-
7 ent for incurred expenses and not earned income.
8 11 . Safety Equipment
9 11 . 1 The City shall , every three (3) years , pay one-
10 alf of the cost of the member ' s individual body armor if the
11 ember presents to the City a receipt for body armor that meets
12 departmental specifications .
13 11 . 2 Employees who carry a private weapon which has
14 •een expressly approved by the Vernon Police Department and
15 suffer the loss or damage of such weapon in the line of duty
16 shall be compensated by the City of Vernon up to the amount of
17 replacement cost of the official issue weapon of the Vernon
18 Police Department unless such loss or damage was cuased by the
19 employee' s negligence.
20 12. Vacations
21 12 . 1 Employees in the classifications represented by
22 the Police Association in Group 2 may take all or part of their
23 vacation in increments of one (1) or more days as determined
24 by the Chief at his discretion with due regard for the wishes
25 of the employees and the needs of the Department . Employees
26 who desire to take vacations in increments of less than one (1)
27 week must give at least two (2) days advance written notice to
28 the Chief or his designee and such request will be honored only
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1 if, in the opinion of the Chief of his designee, the manpower
2 or service level on the day or days and at the time is adequate
3 to permit granting such a request ;
4 13. "In Lieu" Holidays
5 13 . 1 Employees in the classifications represented
6 by the Police Association in Group 2 shall receive seven (7)
7 "in lieu" holidays per fiscal year.
8 13 . 2 The said "in lieu" holidays will be credited
9 to each employee on each July 1 which he/she is on the active
10 payroll of the Department in a classification represented by
11 the Police Association in Group 2 and must be taken prior to
12 the immediately following July 1 . Such "in lieu" holidays may
13 be taken as days off on dates desired by the employee subject
14 to the convenience of the Vernon Police Department , or as assignee
15 by the Vernon Police Department. Such "in lieu" holidays , if
16 not taken, shall not be paid for except if the employee was
17 denied an opportunity to take them off during the year for which
18 such "in lieu" holidays were granted. In that case only, the
19 employee shall be paid for said "in lieu" holidays not taken
20 with his/her first payroll check on or after July 1 of the year
21 following the year for which the "in lieu" holidays were credited,
22 at his/her then basic rate, excluding all other compensation,
23 computed in accordance with the applicable Salary Resolution
24 of Vernon. An employee who quits or is terminated shall not
25 be entitled to any compensation for "in lieu" holidays not taken.
26 14 . Bereavement Leave
27 Whenever an employee is compelled to be absent from
28 duty by reason of death or critical illness (where death appears
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1 imminent) of members of the employee' s immediate family (father,
2 mother, brother, sister , spouse , children, mother-in-law, father-
3 in-law, grandmother, grandfather or grandchildren) such person
4 shall be entitled to a leave of absence with pay for up to three
5 work days (24) hours . The employee shall furnish satisfactory
6 evidence of such death or critical illness to his/her department
7 head, if requested. Such leave of absence shall not be allowed
8 in any case where in the preceeding six (6) calendar months a
9 leave on the grounds of critical illness of that same relative
10 has been granted.
11 15 . Peace Officers ' Standards and Training Certificate
12 Incentive
13 15 . 1 Employees in the classifications represented
14 by the Police Association in Group 2 who have completed their pro-
15 bationary period shall be entitled to peace officers ' standard
16 and training certificate incentive pay as follows :
17 15 . 1 . 1 Two and on-half percent (22) of the
18 employee' s basic monthly salary excluding all other compensation
19 for a POST intermediate certificate.
20 15 . 1 . 2 Five percent (5%) of the Employee ' s
21 basic monthly salary excluding all other compensation for a POST
22 advanced certificate.
23 15 . 2 Payment of the aforesaid incentive compensation
24 shall not be cumulative and only the highest applicable incentive
25 pay shall be paid.
26 15 .3 Incentive pay shall be payable the month fol-
27 lowing the month during which the certificate is granted, or
28 the month following completion of the employee ' s probationary
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1 period, whichever is latest.
2 16 . Shooting Pay
3 16 . 1 It is recognized by Vernon and the Association
4 that a peace officer must qualify in the firing rang on a monthly
5 basis in order to continue to be employed and to receive shooting
6 pay. However , said qualifications shall not occur during duty
7 hours and must be accomplished during off duty time .
8 16. 2 Officers who achieve the following qualifications
9 shall receive compensation as follows :
10 Marksman $ 5 . 00 Per Month
11 Sharpshooter 7 .50 " "
12 Expert 10 . 00
13 Distinguished Expert 15 . 00
14 16 . 3 The existing shooting pay policy will remain
15 in effect until the MERR and the Association representative meet
16 and confer about 16 . 1 and the requirement for achieving the qual-
17 ifications provided for in 16 . 2 above and the development of
18 a shooting range schedule to accomodate the needs of the Police
19 Department.
20 17 . Field Training Officers
21 Police Officers assigned by the Chief of Police or his
22 designee as Field Training Officers shall receive a defferential
23 of two and one-half percent (22) for the period so assigned.
24 Each officer assigned as a Field Training Officer shall complete
25 a P.O. S .T. approved Field Training Officer School prior to assign-
26 ment.
27 The number of field training officers , qualifications ,
28 and training for such assignment shall be determined by the Chief
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1 of Police. Such assignment shall be revoked at any time without
2 recourse to the disciplinary procedure (Article 22) .
3 18. Relief for Sergeants
4 City will guarantee that the patrol sergeants will be
5 entitled to take one (1) weekend off per month (including
6 Saturday and Sunday) .
7 19. Sergeants ' Relief Position
8 Vernon has established a sergeant ' s relief position
9 with a salary equal to the salary received by patrol sergeants
10 and the Chief of Police has the descretion to assign additional
11 duties to the sergeant assigned to this position.
12 20 . Physical Fitness Program
13 Both the Association and the City agree that the Phys-
14 ical condition of each sworn member of the department is of great
15 importance in the conduct of their individual duties . Recognizin:
16 that the physical requirements of the job are high, the parties
17 agree to study and implement a physical fitness program by
18 February 1 , 1985 . Such program shall be medically appropriate
19 and voluntary in participation. The Association agrees to be
20 active in, and affirmatively support the physical fitness pro-
21 gram. The Association further recognezes that appearance and
22 physical condition are a requirement of the job; as such, the
23 department may continue to evaluate such on performance evaluatio s .
24 21 . Grievance Procedure
25 21 . 1 Vernon will adopt a grievance procedure applicable
20 to all police officers and Sergeants containing the following
27 principles :
28 21 . 1 . 1 A grievance will be defined as a dispute
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1 between the City and an employee or employees adversely affected
2 thereby over interpretation or application of any provision of
3 this Memorandum of Understanding. "Days" as used herein shall
4 be those days that the City Hall of the City of Vernon is open
5 part or all of the day. "iuuuediate supervisor" is the lowest
6 level management or supervisory person having immediate juris-
7 diction over the grievant.
8 21 . 1 .2 Step 1
9 The aggrieved employee shall present orally or
10 in writting his grievance to his immediate supervisor within five
11 (5) working days of the occurrence of the action giving rise to
12 the grievance. Discussions will be informal for the purpose of
13 settling differences in the simplest and most direct manner. The
14 immediate supervisor shall reach a decision and communicate it
15 orally or in writing to the aggrieved employee and the Municipal
16 Employee Relations Representative (MERR) within two (2) working
17 days from the date the grievance was presented to him.
18 21 . 1 . 3 Step 2
19 If the grievance is not settled at the first step
20 to the satisfaction of all parties , either the MERR or the ag-
21 grieved employee within two (2) working days of the answer in
22 the first step , shall reduce the grievance to writing, sign it
23 and present it to the Department Head or his designee. The De-
24 partment Head or his designee shall obtain the facts concerning
25 the alleged grievance and shall within five (5) working days of
26 receipt of the written grievance conduct a meeting between him-
27 self, his representative, if needed, and the aggrieved employee.
28 The Department Head or his designee shall notify the aggrieved
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1 employee and the MERR of his decision not later than five (5)
2 working days following the meeting date.
3 21. 1. 4 Step 3
4 If the grievance is not settled at Step 2, it may,
5 upon the request of either the employee or the MERR, be sub-
6 mitted to the mediation of the California State Conciliation
7 Service. The mediator designated by the Service shall attempt
8 to adjust the grievance. Proposals , concessions and admissions
9 made during the course of such mediation shall be confidential
10 and not be used in any subsequent proceedings . If the grievance
11 is not settled to the satisfaction of all parties within twenty
12 (20) days after the designation of the mediator by the Service,
13 then the grievance shall be deemed not to have been settled at
14 Step 3.
15 21. 1.5 Step 4
16 If the grievance is not settled to the satis-
17 faction of all parties at Step 3 , then the grievance shall be
18 submitted to the City Council of the City of Vernon for deter-
19 mination. The Council shall conduct such hearing and receive
20 such evidence as it deems appropriate. The City Council will
21 make the final decision at its sole discretion; however, the
22 mediator from Step 3 above will be allowed to participate with
23 the Council during an executive deliberative session wherein
24 management representatives and employee representatives shall be
25 excluded from said deliberative session. The decision of the
26 Council shall be final and binding on the parties .
27 21. 1. 6 The Council' s decision will be provided
28 in a written format which will be given to the grievant
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1 after the decision is made.
2 22. Discipline Procedure
3 The parties recognize that the Public Safety Officers '
4 Procedural Bill of Rights provides for the administrative appeal
5 of certain types of disciplinary actions . Such administrative
6 appeals shall commence at Step 2 of the Grievance Procedure
7 (Article 21) , within five (5) working days of the imposition
8 of the discipline. Appeal of this article shall in no manner
9 create a vested property right in an employees job nor in any
10 manner obviate the terms and conditions of such employees indivi-
11 dual employment contract with the City.
12 23 . Management Rights
13 23 . 1 The City retains all its exclusive rights and
14 authority under state law and expressly and exclusively retains
15 its management rights , which include, but are not limited to :
16 a) The exclusive right to determine the mission of
17 its constituent departments , commissions , boards ;
18 b) set standards and levels of service ;
19 c) determine the procedures and standards of
20 selection for employment and promotions ;
21 d) direct employees ;
22 e) establish and enforce dress and grooming
23 standards ;
24 f) determine the methods and means to relieve its
25 employees from duty because of lack of work or other lawful
26 reasons ;
27 g) maintain the effeciency of governmental
28 operations ;
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1 h) determine the methods , means and numbers and
2 kinds of personnel by which government operations are to be
3 conducted;
4 i) determine the content and intent of the job
5 classifications ;
6 j ) determine methods of financing;
7 k) determining style and/or types of city-issued
8 wearing apparel, equipment or technology to be used;
9 1) determine and/or change the facilities , methods ,
10 technology, means , organizational structure and size and composi-
11 tion of the work force and allocate and assign work by which the
12 City operations are to be conducted.
13 m) determine and change the number of locations ,
14 relocations and types of operations processes and materials
15 to be used in carrying out all City functions , including, but not
16 limited to, the right to contract for or subcontract any work
17 or operations of the City;
18 n) to assign work to and schedule employees in
19 accordance with requirements as determined by the City and to
20 establish and change work schedules and assignments upon reason-
21 able notice;
22 o) establish and modify productivity and perfor-
23 mance programs and standards ;
24 p) discharge, suspend, demote, reprimand, withhold
25 salary increases and benefits , or otherwise discipline employees
26 in accordance with applicable state law;
27 q) establish employee performance standards in-
28 cluding, but not limited to, quality and quantity standards ,
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1 and to require compliance therewith;
2 r) take all necessary actions to carry out its
3 mission in emergencies ; and
4 s) Exercise complete control and discretion over
its organization and the technology of performing its work.
6 23 . 2 The exercise by the City through its Council
7 and management representatives of its rights hereunder shall
8 not in any way, directly or indirectly, be subject to the griev-
9 ance procedure herein except that any scheduling changes which
10 are not uniformly implemented will be subject to the grievance
11 procedure.
12 23 . 3 The exercise of such rights shall not preclude
13 employees or their representatives from meeting and conferring
14 or meeting and consulting, as required by law, with management
15 representatives .
16 24. Non-Discrimination
17 24. 1 Neither Vernon nor the Police Association
18 shall discriminate against any applicant for employment or
19 employee because of race , religion, national origin, sex, age ,
20 (as defined in applicable legislation) handicap , marital status
21 or membership or non-membership in the Police Association.
22 25 . Savings Clause and Legal Limitations
23 25. 1 It is understood and agreed that this Memorandum
24 of Understanding and any and all Resolutions or Ordinances adopte.
25 in implementation thereof are and shall be subject to all present
26 and future applicable federal and state laws and regulations and
27 shall be effective and implemented only to the extent permitted
28 by such laws and regulations . If any part of this Memorandum of
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1 Understanding or of any Resolution or Ordinance adopted in Imple-
2 mentation thereof is in conflict or inconsistent with any such
3 applicable provisions of federal or state laws or regulations
4 or otherwise held to be invalid or unenforceable by any tribunal
5 of competent jurisdiction, such part or provision shall be sus-
6 pended and superseded and such applicable laws and regulations
7 and the remainder of this Memorandum of Understanding shall not
8 be affected thereby and shall remain in full force and effect.
9 26 . Term
10 26 . 1 The terms agreed upon by this Memorandum of
11 Understanding shall take effect upon approval by one or more
12 Resolutions or Ordinances of the City Council of Vernon and shall
13 remain in full force and effect until midnight, August 31 , 1986
14 The Police Association hereby expressly waives any right to
15 request any improvements or other changes in the wages, hours or
16 other conditions of employment of employees in the classification-
17 represented by the Police Association in Group 2 , to take effect
18 prior to August 31 , 1986 and Vernon shall not be required to
19 meet and confer as to any such request.
20 26 .2 If the Police Association desires to meet and
21 confer with Vernon concerning improvements or changes in salaries,
22 wages, hours or other conditions of employment to take effect on
23 or about August 31 , 1986 it shall serve upon the MERR a written
24 request to meet and confer describing said improvements or change-
25 no later than June 1 , 1986 .
26 VERNO 1PO 'ICE OFFICERS 'BENEFIT ASSOCIATION
27 BY 67-7Y6''-Yt. 123-
LL,cL DATED:SST f3�Z L1, 1 ca y
28 BY ,),o60-4--c..—(79%?' Jr- 1dDATED: ..56-- -. U�-r, t ei FY
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1 B LI/i� DATED: �� D V_34/°
2 CITY REPRESENTATIf "OF THE CITY OF VERNON,
3 A Municipal Corporation
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5 BY 6_/1 . +.��/2- 1 DATED:
6 Bruce V. Malkenhorst
Municipal Employee Relations Representative (MERR)
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1 conditions contained in said Memorandum .of Understanding.
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SECTION 3: That the City Clerk of the City of Vernon
3 shall certify to the passage of this Resolution and thereupon
4 and thereafter the same shall be in full force and effect.
5 APPROVED AND ADOPTED this 4th day of September, 1984.
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1: ATTEST~/ .. ~
&v. MALKENH~CitY Clerk
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-2-
4
5
6
7
8
9
10
11
12
18
14 (SEAL)
..
15
16
17
18
19
20
21
22
28
24
25
26
27
28
~
./
1 STATE OF CALIFORNIA )
) ss.
2 COUNTY OF LOS ANGELES )
8
I, BRUCE V. MALKENHORST, City Clerk of the City of
Vernon, do hereby certify that the foregoing Resolution, being
.1 ' N 5138
Reso ut~on o. , was
duly adopted by the City Council of
the City of Vernon, and was approved by the Mayor of said City
Ian adjourned
at~ regula~ meeting of the City Council held on Tuesday,
September 4
, 19 84
&~/~
BRUCE V.MALENHORST.Ci,y
Clerk
-3-