Resolution No. 5312
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON APPROVING A MEMORANDUM OF UNDERSTANDING
("MOU") BETWEEN THE MUNICIPAL EMPLOYEE RELATIONS
REPRESENTATIVE ("MERR") OF THE CITY OF VERNON
AND THE VERNON POLICE OFFICERS' BENEFIT
ASSOCIATION ("VPOBA") (EMPLOYEE GROUP 2)
(AUGUST 31, 1986)
WHEREAS, the VPOBA has been rec:ognized as an employee
7 organization, pursuant to Resolution No. 4027 of the City Counc:il
8 of the City of Vernon, and have met and conferred with the MERR
9 of the City of Vernon; and
WHEREAS, members of the VPOBA, representing Employee
Group
2
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have
jointly met and pursuant to said meeting and
12 conferring have executed an MOU with the MERR of the City of
13 Vernon, covering the period August 31, 1986 to and including
14 August 31, 1990.
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16 THE CITY OF VERNON AS FOLLOWS:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
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That the City Concil of the City of Vernon
18 does hereby approve and ratify the MOU between the MERR of the
19 City of Vernon and the VPOBA (Employee Group 2), a copy of which
20 has been presented to the City Council concurrently with this
21 Resolution and the City Council hereby orders said MOU to be
22 received and filed by the City Clerk.
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That the approval and ratification set
24 forth herein are subject to all the terms, covenants and
25 conditions contained in said MOU.
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That the City Clerk of the City of Vernon
27 shall certify to the passage of this Resolution and thereupon and
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thereafter the same shall be in full force and effect.
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APPROVED AND ADOPTED this 2nd day of September, 1986.
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Bruce V. Malkenhorst, City Clerk
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1 STATEQF CALIFORNIA )
) SSe
2 COUNTY OF LOS ANGELES )
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4 I, BRUCE V. MALKENHORST, City Clerk of the City of
5 Vernon, do hereby certify that the foregoing Resolution., being
6 Resolution No. 5312
,. was duly adopted by the City Council of
7 the City of Vernon, and was approved by the Kayor of said City
an adjourned
8 at >W regular meeting of the City Council held, on Tuesday,
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September 2
, 19 .86 .
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BRUCE V.
Clerk
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MALKENHORST, City
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1 MEMORANDUM OF UNDERSTANDING
2 BETWEEN THE
3 MUNICIPAL EMPLOYEE RELATIONS REPRESENTATIVE
4
OF THE
5 CITY OF VERNON
G
AND THE
7, VERNON POLICE OFFICERS ' BENEFIT ASSOCIATION
(Employee Group 2)
August 31 , 1986
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
14s
"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-
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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) .
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2 . Section 4F of Resolution 4027 provides that employees
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of Vernon who are peace officers are prohibited from forming,"
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joining or participating in any employee organization except an
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employee organization which is composed of solely such peace
26officers and is not subservient to any other organization. By
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letter dated May 10 , 1973 , from the Police Association to the
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Municipal Employee Relations Representative of the City of Vernon
1 (hereafter 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
G 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.
16 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 August 31 , 1986 the following salaries :
25 Step 1 $2269 Per Month
2G Step 2 $2151
27 Step 3 $2039
28 Step 4 $1933
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1 2 .2 Vernon shall establish for Police Officer II
2 effective August 31 , 1986 , the following salaries :
3 Step 1 $2813 Per Month
4 Step 2 $2666
Step 3 $2527
6 Step 4 $2395 "
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Step 5 $2270
8 2 .3 Vernon shall establish for Sergeants effective
, August 31, 1986 , the following salaries :
10 Step 1 $3266 Per Month
11 Step 2 $3096
12 Step 3 $2935 " "
13 Step 4 $2782
14 Step 5 $2637
15 1987 , 1988 , and 1989 Salary Increases
16 Commencing with the pay period beginning on or about
17 September 1 , 1987 , the base salaries of the classifications in
18 the Unit shall be increased as follows :
19 The following municipalities shall be surveyed on August 1 ,
20 to ascertain the "5th" Step base salary in effect on August 1, for
21 the classifications of police officer and police sergeant: Bell,
22 Downey, Huntington Park, Maywood and Southgate. In the event a
23 municipality has not concluded the meet and confer process for
24 the period including August 1 , the base salary being paid on
25 August 1 , shall be used in the survey. The mathematical average
26 of the five municipalities shall be calculated. The "5th" Step
27 police officer average shall become the "5th" Step for Police
28 Officer II. The remaining steps of Police Officer II shall be
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1 adjusted to maintain the internal relationship to "5th" step.
2 Similarly, the classification of Police Officer I shall be
3 adjusted to maintain the relationship with the Police Officer
4 II classification. The "5th" Step Police Sergeant average shall
become the "5th" step for Police Sergeant. The remaining steps of
6 police sergeant shall be adjusted to maintain the internal rela-
7 tionship to "5th" Step. In no event will the September 1987
8 adjustment result in a decrease in salaries .
9 The above formula shall be utilized to determine the base
10 salaries for the pay period beginning on or about September 1,
11 1987 ; and the base salaries for the pay period beginning on or
12 about September 1 , 1988 ; and the base salaries for the pay period
13 beginning or or about September 1 , 1989 .
14 2 . 5 Merit Steps :
15 Promotions or salary increases to higher grades are
16 merit step only and shall be available to employees as recogni-
17 tion and reward for satisfactory services after one (1) year in
18 service at present grade. The promotion or salary increase to
19 said grade shall remain the sole discretion of the City Council
20 Notwithstanding the above provision, any person employed
21 in a position of Police Officer I, Step 4 , shall be appointed to
22 Step 3 upon his/her successful completion in an assigned training
23 academy and any person employed in a position of Police Officer I,
24 Step 3 , shall be appointed to Step 2 after serving at least six
25 (6) months in the field and upon receiving a merit evaluation of
26 high competent and any person employed in a position of Police
27 Officer I , Step 2 , shall be appointed to Step I after serving at
28 least six (6 ) months at said grade in the field and upon
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1 receiving a merit step evaluation of high competent. Any person
2 who qualifies for said increase shall have his/her anniversary
3 date for future merit increases established as of the date said
4 officer is appointed to said grade.
5 2 . 6 Promotion:
6 A Police Officer I shall be eligible to be promoted to
7 a Police Officer II position after serving at least twelve (12 )
8 months as a Police Officer I , Grade 1, and upon receiving a
0 satisfactory merit evaluation.
10 The promotion of a Police Officer I to a Police Officer
11 II position shall not result in reduction in pay, and the Police
12 Officer I being promoted shall be classified in such a manner
13 that he/she receives at least a five percent (5%) increase in pay
14 for the position to which he/she is promoted.
15 2.7 Premium Pay for Detective Assignments :
16 A Police Officer I or a Police Officer II may be
17 assigned to the detective division to perform investigative
18 services.
19 In the event a Police Officer I or II is assigned to
20 the detective division in accordance with the above paragraph;
21 said police officer shall receive premium pay equal to One
22 Hundred Twenty-Five Dollars ($125.00 ) per month and the premium i
23 pay shall not be considered to be part of the employee' s basic
24 monthly salary when computing peace officers standards and
25 training certificate incentives.
2e' I 3 . Public Employees Retirement System (PERS) Contributions
2' The City will pay seven percent (7%) of the employee ' s
2b • ersonal retirement contribution in addition to the normal
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1 employer contribution.
2 4 . Work Schedule:
3 4 .1 The Vernon Chief of Police at his sole discretion
4 shall establish the work schedule.
5 4 .2 No existing personnel in Group 2 will be layed-off
6 during the term of this agreement.
7 5. Shift and Code Seven Policy:
8 Patrol personnel shall work an eight and a half (8 1/2)
9 hour shift. The first one half hour shall be used for briefing
10 and training purposes. Lunch time (code 7) shall be part of the
11 shift and is only compensable if actually interrupted for purposes
12 of an emergency service call or not allowed. If Code 7 is
13 interrupted for an emergency service call or Code 7 is not
14 allowed the officer will be compensated for one-half hour
15 straight time or be granted one half hour Code 7 time at a
16 later part of his/her shift. An officer who elects additional
17 compensation shall not be granted additional Code 7 time during
18 his/her shift.
19 The F=rties agree that the current method of scheduling
20 and utilizing Code 7 time, with the exceptions stated above shall
21 continue. The parties further agree that this section is mutually
22 agreed upon to satisfy the dictates of Madera Police Officers
23 Association v. City of Madera (1984) .
24 6 . Life, Health, and Dental Insurance:
25 6 . 1 Effective September 1, 1986 , and for each month
26 thereafter through August 31, 1990 , inclusive, Vernon will pay
27 on account of insurance coverage for each employee in classi-
28 fication of Police Officer and Sergeant and for such employees '
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1 dependents a sum equal to the premium charge for such coverage as
2 of September 1, 1986 , to provide the benefits available under the
3 insurance policy or policies in effect as of September 1, 1986.
4 6 .2 Through August 1990 , Vernon will pay on account
of the insurance coverage described in subsection 6.1 above any
6 increase in such premiums.
7 6.3 However, the City' s agreement to pay the full cost
8 of said premiums shall not create or ripen into a vested right in
O said employee and City shall not be obligated to pay the cost of
10 or provide said life, health and dental benefits beyond
11 August 31, 1990.
12 6.4 City further agrees not to change, modify or alter
13 the benefits described in the current insurance policy now in
14 effect unless said changes, modifications or alterations are
15 applicable to City miscellaneous employees .
16 7 . Court Attendance and "Stand By" :
17 7.1 Employees in the classifications represented
18 by the Police Association in Group 2 shall be compensated for
19 court appearances in the line of duty outside regular scheduled
20 duty hours as follows:
21 7 .1.1 Fifty Dollars ($50 . 00 ) for an
22 appearance which requires the employee' s presence for half a /
23 court day or less.
24 7 .1.2 Ninety Dollars ($90. 00) for an ,
25 appearance which requires the employee ' s presence for a full
26 court day or less , but more than a half court day.
27 7 .2 An appearance shall be deemed for more than a
28 half court day if the employee is required to appear at the
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1 morning session of the court and has to return on the same day
2 after the noon recess of the court.
3 7 .3 Court appearances which extend beyond an
4 employee' s normal shift assignment shall be compensated as paid
5 overtime unless said paid overtime exceeds fifty dollars ($50.00)
6 in which event said employee shall receive the sole sum of fifty
7 dollars ($50 .00 ) as court appearance compensation.
8 For purposes of calculating F.L.S.A. overtime pur-
9 suant to Section 8 (B) of this MOU only the actual time spent in
10 court or travellig in a City vehicle to and from the Station shall
11 be credited as hours worked. Travel time shall to and from one ' s
12 private residence shall not be considered hours worked and shall
13 not be compensated in any manner whatsoever. No additional pay-
14 ment other than that set forth in Section 7.1 through 7 .3 of the
15 Memorandum of Understanding shall be made for Court Pay.
16 7 .4 An employee may leave a telephone number where
17 he/she may be reached while on court standby. Such time is not
18 considered hours worked and will not be compensated in any
19 manner whatsoever pursuant to the F.L.S.A.
20 Alternatively, an employee (at the employee ' s option
21 and with the permission of the department) on court standby shall
22 report to the police station, in uniform, for assignment while
23 awaiting court. An employee shall be credited on an hour for hour
24 basis for time actually worked while on standby. Travel time to
25 the police station shall not be considered hours worked and shall
26 not be compensated in any manner whatsoever. However, in recogni-
27 tion of the City' s past practice, an employee shall be compensated
28 for standby status as follows :
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1 A. Fifteen Dollars ($15) for half a court day
2 ending at 1 :45 p.m.
3 B. Thirty Dollars ($30) for a full court day.
4 C. However, if said employee is required to
5 appear in court , he/she shall receive court appearance compensa-
6 tion rather than standby compensation.
7 he parties agree that this provision shall not count toward
8 ours worked and that the provision complies with the F.L.S.A.
9 8. Overtime Practices
10 A. 7K Exemption - The City of Vernon has exercised
11 its ability to take a statutory "7K" exemption of sworn police
12 i•ersonnel. The work period for such employees shall be 28 days
13 in length commencing on Sunday, April 13 , 1986 , at 12 : 01 a.m.
14 B. F.L.S.A. Overtime - All employees required to
15 •erform in excess of the standard work period of 171 hours in a
16 28 day cycle shall receive compensation at the rate of time and
17 one-half his/her regular rate of pay. The regular rate of pay
18 shall include the following components in addition to base salary
19 1 ) Educational Incentive
20 2) Special Assignment Pay
21 3 ) Shooting Pay
22 C. Paid Leave Exclusions - In determining an
23 employee ' s eligibility for overtime compensation in a work period,
24 paid leaves of absences and unpaid leaves of absences shall be
25 excluded from the total hours worked. Paid leaves of absemces
26 include, but are not limited to, the following:
27 1) Vacation
28 2 ) Holiday Leave
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1 3 ) Sick Leave
2 4 ) Administrative Leave
3 5) Compensatory Leave
4 6) Workers ' Compensation Leave
5 7 ) 4850 Time
6 8 ) Jury Duty
7 9 ) Bereavement Leave
8 10 ) Military Leave
9 D. Non F.L.S.A. Overtime
10 All employees required to perform in excess of
11 the one hundred and sixty (160 ) hours in a standard work
12 period of twenty-eight (28) days , but less than one hundred
13 and seventy-one and one-quarter (171.25) hours in a standard
14 work period of twenty-eight (28) days , shall receive compen-
15 sation at the following rate:
16 1) The straight time regular rate of pay; or
17 2 ) compensatory time on an hour for hour
18 basis
19 E. Compensatory Time (Gap Time)
20 No employee shall accrue more than 40 hours of
21 such compensatory time under paragraph D above. Should any
22 employee exceed 40 hours of accrued compensatory time, he/she
23 shall receive compensation at the straight time regular rate of
24 pay.
25 F. Compensatory Time
26 In lieu of receiving cash payment for hours worked
27 in excess of one hundred and seventy-one (171) hours during the
28 twenty-eight (28) day work period, an employee may elect the
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1 option of taking compensatory time off. Compensatory time shall
2 be earned at the time and one-half rate for each hour worked.
3 Such compensatory time off must be taken prior to the conclusion
4 of the work period. If an employee is unable to utilize a por-
5 tion of his/her compensatory time, he/she shall receive compensa-
tion for the remainder at the rate of time and one-half his/her
7 regular rate of pay.
8 G. Overtime Authorization
9 All overtime requests must have prior written author-
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ization of a supervisor prior to the commencement of such overtime
11 work. Where prior written authorization is not feasible, explicit
12 verbal authorization must be obtained. Where verbal authorization
13 is obtained, written authorization must be obtained as soon there-
14 after as practicable. Dispatched calls beyond the end of duty
15 time are considered as authorized. An employee' s failure to
10 obtain prior written approval , or explicit verbal authorization
17 followed by written authorization, will result in the denial of
18 the overtime request .
19 H. Shift Trades
20 The practice of shift trading shall be voluntary on
21 behalf of each employee involved in the trade. The trade must be
22 due to the employee' s desire or need to attend to a personal
23 matter and not due to the department ' s operations. The employee
24 providing the trade shall not have his/her compensable hours
25 increased as a result of the trade; nor shall the employee
26 receiving the trade have his/her compensable hours decreased as
27 as a result of the trade. Any premium pay or other extra com-
28 pensation shall continue to accrue only to the person originally
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1 entitled to the premium pay or extra compensation. Any hours
2 worked beyond the normal work day will be credited to the indi-
3 vidual actually doing the work. "Paybacks" of shift trades are
4 the obligation of the two employees involved in the trade. Pay-
5 backs are to be completed within one (1 ) calendar year of the date
6 of the initial shift trade. Any dispute as to the paybacks is to
7 be resolved by the involved employees , and under no circumstances
8 will the department be obligated for any further compensation
9 whatsoever to any of the involved employees. The department is
10 not responsible in any manner for hours owed to employees by other
11 employees that leave the employment of the City or are assigned
12 other duties . A record of all initial shift trades and "paybacks"
13 shall be maintained by the involved employees on forms provided by
14 the department ( "shift trade log" ) .
15 1 . Shift trades are only authorized when vaca-
16 tion, compensatory time, or other leave cannot be used.
17 2 . If one individual fails to appear for the
18 other (regardless of the reason) , the person who was scheduled as
19 a result of the shift trade will be listed as absent without
20 leave and may be subject to disciplinary action.
21 I. Early Relief Policy
22 The practice of early shift relief shall be volun-
23 tary on behalf of each employee involved in the relief. The em-
24 ployee providing the early relief shall not have his/her compen-
25 sable hours increased as a result of the early relief; nor shall
26 the employee relieved early have his/her compensable hours
27 decreased as a result of the early relief. "Paybacks" of early
28 relief hours are the sole obligation of the two employees
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1 involved in the early relief. Any dispute is to be resolved by th
2 involved employees , and under no circumstances will the depart-
3 ment be obligated for any further compensation whatsoever to any
4 of the involved employees. The Department is not responsible in
5 any manner for hours owed to employees by other employees that
6 leave the employment of the City or are assigned other duties .
7 J. Training Time
8 Attendance at training school/facilities
9 (including the academy) which improves the performance of regular
10 tasks and/or prepares for job advancement are not compensable for
11 hours in excess of the employee ' s normal work shift. Any time
12 spent in excess of the normal work shift will not be counted as
13 working time and is not compensable in any manner whatsoever.
14 Time spent in studying and other personal pursuits is not compen-
15 sable hours of work, even though the employee may be confined to
16 campus or to barracks 24 hours a day. Travel time to and from
17 the training facility outside of an employee ' s normal work shift
18 is not compensable hours of work.
19 K. City Vehicle Use
20 Employees who are provided with a City vehicle to
21 travel to and from work shall not be compensated in any manner
22 whatsoever for travel time to and from work. This provision
23 also applies in those situations where the radio must be left on
24 and monitored.
25 L. Clothes Changing
26 Employees are not authorized to wear their uniforms
27 or any part thereof that is distinguishable as such unless on
28 duty. Each employee is provided with a locker for his/her per-
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1 sonal convenience. An employee may or may not utilize the locker
2 for storage and changing purposes at his/her own discretion.
3 Nothing herein prevents an employee from wearing his/her uniform
4 to and/or from his/her residence to work as long as the badge and
insignia are covered in a non-police issue garment such as a
6 windbreaker. Employees choosing to wear their uniforms covered
to and/or from work should not wear their "Sam-Browne" belt .
7
S Time spent in changing clothes before or after shift, or during
9 lunch,I is not considered hours worked and is not compensable in
10' any manner whatsoever.
11 M. Exempt Employees
12 Although the classification of the Police Sergeant
13 is part of the bargaining unit , for purposes of the Fair Labor
14 Standards Act, the classification is designated as exempt. For
15 purposes of treatment of overtime the classification of Police
16 Sergeant shall be treated in the same manner as Police Officers
17 until such time as changed by the City Council.
18 9 . Call Backs
19 Call Back duty occurs when an employee is ordered to
20 return to duty on a non-regularly scheduled work shift. Call
21 back does not occur when an employee is held over from his/her
22 prior shift or is working prior to his/her regularly scheduled
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shift. An employee called back to duty shall be credited with a
24 minimum of four hours work commencing when the employee leaves
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his/her residence. Any hours worked in excess of four hours
26 shall be credited on an hour for hour basis for actual time
27 worked.
28 This provision is to be distinguished from Court pay which is
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1 to be used when an employee is called back to court.
2 10 . Uniform and Clothing Allowance
3 10 . 1 Vernon will pay to each employee in the
4 classifications represented by the Police Association in Group 2 ,
who has completed his/her first year of service and who is on the
6 active payroll of the Vernon Police Department and is assigned
7 to Uniform Patrol , Three Hundred dollars ($300 ) per fiscal year
8 for the purchase of uniforms and related equipment . This amount
9 shall be increased to Four Hundred Dollars ($400 ) effective Sept-
10 ember 1 , 1987 . In the event that the fire employees receive a
11 uniform allowance greater than Four Hundred Dollars ($400) as of
12 September 1 , 1988 , the uniform allowance shall be increased to the
13 same amount received by fire employees . Employees assigned to
14 non-uniform positions shall receive Two Hundred and Fifty Dollars
15 ($250 ) per fiscal year for clothing allowance.
16 10 .2 It is the intent of the parties hereto that
17 the payments provided for in this Section 10 constitute reim-
18 bursement for incurred expenses and not earned income.
19 11. Safety Equipment :
20 11. 1 The City shall , every three ( 3 ) years ,
21 pay one-half of the cost of the member ' s individual body
22 armor if the member presents to the City a receipt for body
23 armor that meets departmental specifications .
24 11.2 Employees who carry a private weapon which
25 has been expressly approved by the Vernon Police Department and
26 suffer the loss or damage of such weapon in the line of duty
27 shall be compensated by the City of Vernon up to the amount of
28 replacement cost of the official issue weapon of the Vernon Police
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Department unless such loss or damage was caused by the
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employee ' s negligence.
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12 . Vacations :
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12 . 1 Employees in the classifications repre-
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sented by the Police Association in Group 2 may take all or
6 part of their vacation in increments of one ( 1) or more days
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as determined by the Chief at his discretion with due regard
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for the wishes of the employees and the needs of the Department .
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Employees who desire to take vacations in increments of less
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than one ( 1) week must give at least two (2 ) days advance
11 written notice to the Chief or his designee and such request will
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be honored only if, in the opinion of the Chief or his designee,
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the manpower or service level on the day or days and at the time
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is adequate to permit granting such a request ;
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13 . "In Lieu" Holidays :
16 13 . 1 Employees in the classifications represented
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by the Police Association in Group 2 shall receive ten ( 10 ) "in
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lieu" holidays per fiscal year.
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13 . 2 The said "in lieu" holidays will be credited
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to each employee on each July 1 , beginning July 1, 1986 , which
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he/she is on the active payroll of the Department in a classi-
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fication represented by the Police Association in Group 2 and
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must be taken prior to the immediately following July 1. Such
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"in-lieu" holidays may be taken as days off on dates desired by
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the employee subject to the convenience of the Vernon Police
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Department , or as assigned by the Vernon Police Department.
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Such "in lieu" holidays , if not taken, shall not be paid for
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except if the employee was denied an opportunity to take them off
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1 during the year for which such "in lieu" holidays were granted.
2 In that case only, the employee shall be paid for said "in lieu"
3 holidays not taken with his/her first payroll check on or after
4 July 1 of the year following the year for which the "in lieu"
5 holidays were credited, at his/her then basic rate, excluding all
6 other compensation, computed in accordance with the applicable
7 Salary Resolution of Vernon. An employee whom quits of is ter-
8 minated shall not be entitled to any compensation for "in lieu"
9 holidays not taken.
10 14 . Bereavement Leave:
11 Whenever an employee is compelled to be absent
12 from duty by reason of death or critical illness (where death
13 appears imminent) of members of the employee ' s immediate family
14 (father, mother, brother, sister, spouse, children, mother-in-
15 law, father-in-law, grandmother, grandfather, or grandchildren)
16 such person shall be entitled to a leave of absence with pay for
17 up to three work days (24 ) hours . The employee shall furnish
18 satisfactory evidence of such death or critical illness to his/
19 her department head, if requested. Such leave of absence shall
20 not be allowed in any case where in the preceding six (6)
21 calendar months a leave on the grounds of critical illness of
22 that same relative has been granted.
23 15. Peace Officers ' Standards and Training Certificate
24 Incentive:
25 15.1 Employees in the classifications represented
26 by the Police Association in Group 2 who have completed their
27 probationary period shall be entitled to peace officers '
28 standard and training certificate incentive pay as follows :
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1 15.1.1 Two and one-half percent (2 1/2%)
2 of the employee ' s basic monthly salary excluding all other
3 compensation for a POST intermediate certificate.
4 15.1.2 Five percent (5%) of the
5 Employee' s basic monthly salary excluding all other compensation
6 for a POST advanced certificate.
7 15.2 Payment of the aforesaid incentive compen-
8 sation shall not be cumulative and only the highest applicable
9 incentive pay shall be paid.
10 15.3 Incentive pay shall be payable the month
11 following the month during which the certificate is granted, or
12 the month following completion of the employee ' s probationary
13 period, whichever is latest .
14 16 . Shooting Pay:
15 16.1 It is recognized by Vernon and the Association
16 that a peace officer must qualify in the firing range on a monthly
17 basis in order to continue to be employed and to receive shooting
18 pay. Such qualifications shall occur on duty. Employees who shoot
19 at the range other than the required qualification dates will be
20 considered to be on personal time. Such time is not counted as
21 working time and is not compensable in any manner whatsoever.
22 16.2 Officers who achieve the following quali-
23 fications shall receive compensation as follows :
24 Marksman $ 3 .00 Per Month
25 Sharpshooter 5.00
26 Expert 7 .50
27 Distinguished Expert 10 .00
28 17 . Longevity Pay
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1 Effective August 31 1986 , the City will establish
2 a four step longevity program for all employees . Said Longevity
3 program is as follows:
4 1. All eligible employees who have five years of
service on or before August 31, 1986 , shall receive an additional
6 five percent ( 5%) per month of their basic salary effective
7 August 31 , 1986 , and every year thereafter until reaching the
8 next step. Employees upon reaching their 5th anniversary date
9 after August 31 , 1986 , shall be entitled to said five percent
10 (5%) per month upon said anniversary date.
11 2 . All eligible employees who have ten (10 ) years
12 of service on or before July 1 , 1987 , shall receive an additional
13 ten percent (10%) per month of their basic salary effective July
14 1 , 1987 , and every year thereafter until reaching the next step.
15 Employees upon reaching their 10th anniversary date after July 1 ,
16 1987 , shall be entitled to said ten percent ( 10%) per month upon
17 said anniversary date.
18 3 . All eligible employees who have fifteen (15)
19 years of service on or before July 1 , 1988, shall receive an
20 additional fifteen percent (15%) per month of their basic salary
21 effective July 1 , 1988 , and every year thereafter until reaching
22 the next step. Employees upon reaching their 15th anniversary
23 date after July 1 , 1988 , shall be entitled to said fifteen
24 percent (15%) per month upon said anniversary date.
25 4 . All eligible employees who have twenty (20)
26 years of service on or before July 1 , 1989 , shall receive an
27 additional twenty percent (20%) per month of their basic salary
28 effective July 1 , 1989 , and every year thereafter. Employees
1 upon reaching their 20th anniversary date after July 1 , 1989
2 shall be entitled to said twenty percent (20%) per month upon
3 said anniversary date.
4 18 . Auto Insurance
5 The City will establish an auto insurance program
6 for all employees wherein, the City will contribute fifteen
7 dollars ($15) per month per employee toward said employee parti-
8 cipation. Said program is contingent upon the participation of
9 a sufficient number of employees required by said program. Said
10 program is effective September 1 , 1986.
11 19. Field Training Officers
12 Police Officers assigned by the Chief of Police, or
13 his designee, as Field Training Officers shall receive a deferen-
14 tial of two and one-half percent (2 1/2%) for the period so
15 assigned. Each officer assigned as a Field Training Officer
16 shall complete a P.O.S.T. approved Field Training Officer School
17 prior to assignment.
18 The number of field training officers , qualifi-
19 cations , and training for such assignment shall be determined
20 by the Chief of Police. Such assignment shall be revoked at
21 any time without recourse to the disciplinary procedure (Article
22 23 ) .
23 20 . Relief for Sergeants :
24 City will guarantee that the patrol sergeants will
25 be entitled to take one (1) weekend off per month (including
26 Saturday and Sunday) .
27 21. Sergeants ' Relief Position:
28 Vernon has established a sergeant ' s relief
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1 position with a salary equal to the salary received by patrol
2 sergeants and the Chief of Police has the discretion to assign
3 additional duties to the sergeant assigned to this position.
4 22 . Grievance Procedure:
22.1 Vernon will adopt a grievance procedure
6 applicable to all police officers and Sergeants containing the
following principles:
8 22.1.1 A grievance will be defined as a
9 dispute between the City and an employee or employees adversely
10 affected thereby over interpretation or application of any pro-
11 vision of this Memorandum of Understanding. "Days" as used
12 herein shall be those days that the City Hall of the City of
13 Vernon is open part or all of the day. "Immediate Supervisor"
14 is the lowest level management or supervisory person having
15 immediate jurisdiction over the grievant.
16 22.1.2 Step 1
17 The aggrieved employee shall present orally
18
or in writing his grievance to his immediate supervisor within
19 five (5) working days of the occurrence of the action giving
20 rise to the grievance. Discussions will be informal for the
21
purpose of settling differences in the simplest and most direct
22
manner. The immediate supervisor shall reach a decision and //
23 communicate it orally or in writing to the aggrieved employee
24 and the Municipal Employee Relations Representative (MERR) within
25 two (2 ) working days from the date the grievance was presented to
26
him.
27 22 .1.3 Step 2
28 If the grievance is not settled at the first
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1 step to the satisfaction of all parties , either the MERR or the
2 aggrieved employee within two (2 ) working days of the answer in
3 the first step, shall reduce the grievance to writing, sign
4 it and present it to the Department Head or his designee. The
5 Department Head or his designee shall obtain the facts concerning
6 the alleged grievance and shall within five ( 5) working days of
7 receipt of the written grievance conduct a meeting between him-
8 self, his representative, if needed, the aggrieved employee, and
9 the employee ' s representative. The Department Head or his designee
10 shall notify the aggrieved employee and the MERR of his decision
11 not later than five (5) working days following the meeting date.
12 22 .1.4 Step 3
13 If the grievance is not settled at Step 2 ,
14 it may, upon the request of either the employee or the MERR, be
15 submitted to the mediation of the California State Conciliation
16 Service. The mediator designated by the Service shall attempt
17 to adjust the grievance. Proposals , concessions and admissions
18 made during the course of such mediation shall be confidential
19 and not be used in any subsequent proceedings. If the grievance
20 is not settled to the satisfaction of all parties within twenty
21 (20) days after the designation of the mediator by the Services ,
22 then the grievance shall be deemed not to have been settled at
23 Step 3 .
24 22 .1.5 Step 4
25 If the grievance is not settled to the sat-
26 isfaction of all parties at Step 3 , then the grievance shall be
27 submitted to the City Council of the City of Vernon for deter-
28 mination. The Council shall conduct such hearing and receive
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1 such evidence as it deems appropriate. The City Council will
2 make the final decision at its sole discretion; however, the
3 mediator from Step 3 above will be allowed to participate with
4 the Council during an executive deliberative session wherein
management representatives and employee representatives shall
be excluded from said deliberative session. The decision of
6
the Council shall be final and binding on the parties.
8 22 .1. 6: The Council ' s decision will be pro-
9 vided in a written format which will be given to the grievant
10 after the decision is made.
11 23 . Discipline Procedure:
12 The parties recognize that the Public Safety
13 Officers ' Procedural Bill of Rights provides for the adminis-
14 trative appeal of certain types of disciplinary actions. Such
15 administrative appeals shall commence at Step 2 of the Grievance
16 Procedure (Article 22) , within five (5) working days of the impo-
17 sition of the discipline. Appeals under this article shall in no
18 manner create a vested property right in an employee ' s job nor in
19 any manner obviate the terms and conditions of such employees '
20 individual employment contract with the City.
21 24 . City/Association Meetings
22 On a quarterly basis , representatives from the
23 Association and the City Administrator ' s office, shall meet
24 on an informal basis to discuss mutual concerns. These meetings
25 are not for the purpose of meeting and conferring.
26 25. Management Rights
27 25.1 The City retains all its exclusive rights
28 and authority under state law and expressly and exclusively
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1 retains its management rights, which include, but are not limited
2 to:
3 a) The exclusive right to determine the
4 mission of its constituent departments , commissions , boards ;
5 b) set standards and levels of service;
6 c) determine the procedures and standards of
7 selection for employment and promotions;
8 d) direct employees ;
9 e) establish and enforce dress and grooming
10 standards ;
11 f) determine the methods and means to
relieve its employees from duty because of lack of work or other
12
3 lawful reasons;
1
14 g) maintain the efficiency of governmental
operations ;
15
h) determine the methods , means and numbers
16
and kinds of personnel by which government operations are to be
17
18 conducted;
i) determine the content and intent of the
19
20 job classifications ;
21 j ) determine methods of financing;
22 k) determining style and/or types of city-
issued wearing apparel , equipment or technology to be used;
23
24 1) determine and/or change the facilities ,
methods , technology, means , organizational structure and size and
25
26 composition of the work force and allocate and assign work by
27 which the City operations are to be conducted.
28 m) determine and change the number of
locations , relocations and type of operations processes and
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1 materials to be used in carrying out all city functions ,
2 including, but not limited to, the right to contract for or
3 subcontract any work or operations of the City;
4 n) to assign work to and schedule
5 employees in accordance with requirements as determined by the
6 City and to establish and change work schedules and assignments
7 upon reasonable notice;
8 o) establish and modify productivity and
9 performance programs and standards;
10 p) discharge, suspend, demote,
11 reprimand, withhold salary increases and benefits , or otherwise
12 discipline employees in accordance with applicable state law;
13 q) establish employee performance
14 standards including, but not limited to, quality and quantity
15 standards , and to require compliance therewith;
16 r) take all necessary actions to carry out
17 its mission in emergencies ; and
18 s) Exercise complete control and discretion
19 over its organization and the technology of performing its work.
20 25.2 The exercise by the City through its Council
21 and management representatives of its rights hereunder shall
22 not in any way, directly or indirectly, be subject to the
23 grievance procedure herein except that any scheduling changes
24 which are not uniformly implemented and discipline pursuant to
25 Article 23 will be subject to the grievance procedure.
26 25 .3 The exercise of such rights shall not preclude
27 employees or their representatives from meeting and conferring
28 or meeting and consulting, as required by law, with management
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1 representatives.
2 26 . Non-Discrimination
3 26.1 Neither Vernon nor the Police Association
4 shall discriminate against any applicant for employment or
5 employee because of race, religion, national origin, sex, age,
6 (as defined in applicable legislation) handicap, marital status
7 or membership or non-membership in the Police Association.
8 27 . Savings Clause and Legal Limitations :
9 27 .1 It is understood and agreed that this Memorandum
10 of Understanding (including, but not limited to, the provisions of
11 the F.L.S.A. ) and any and all Resolutions or Ordinances adopted
12 in implementation thereof are and shall be subject to all present
13 and future applicable federal and state laws and regulations
14 and shall be effective and implemented only to the extent
15 permitted by such laws and regulations. If any part of this
16 Memorandum of Understanding or of any Resolution or Ordinance
17 adopted in Implementation thereof is in conflict or inconsis-
18 tent with any such applicable provisions of federal or state
19 laws or regulations or otherwise held to be invalid or unen-
20 forceable by any tribunal of competent jurisdiction, such
21 part or provision shall be suspended and superseded and such
22 applicable laws and regulations and the remainder of this
23 Memorandum of Understanding shall not be affected thereby and
24 shall remain in full force and effect.
25 28. Term:
26 28.1 The terms agreed upon by this Memorandum of
27 Understanding shall take effect upon approval by one or more
28 Resolutions or Ordinances of the City Council of Vernon and shall
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1 remain in full force and effect until midnight, August 31 , 1990 .
2 The Police Association hereby expressly waives any right to
3 request any improvements or other changes in the wages , hours , or
4 other conditions of employment of employees in the classification
5 represented by the Police Association in Group 2 , to take effect ,
6 prior to August 31, 1990 and Vernon shall not be required to meet
7 and confer as to any such request.
8 28.2 If the Police Association desires to meet
9 and confer with Vernon concerning improvements or changes in
10 salaries , wages, hours or other conditions of employment to take
11 effect on or about August 31, 1990 it shall serve upon the MERR
12 a written request to meet and confer describing said improvements
13 or changes no later than June 1, 1990 .
14
15 VER ON POLIC ' OFFICERS ' BENEFIT ASSOCIATION
16
BY e(te DENT V.?. o. 3 R .DATED: Ru(A)Si
17
LpSeufAU
18 BY `„
DATED: abtAGsT 31, 1?Q6
19
BY Tt z
DA'_TED:SEPTEWi8ER i, 1/ft
vut�
20
21 CI‘ REPRESENTATIVE OF THE CITY OF VERNON,
22 ; A Municipal Corporation
23
/�;�� DATED: 2
24 BY r , , , �G' ` / /a 9/ /86
Bruce V. Malkenhorst
25 Municipal Employee Relations Representative (MERR)
26
27
28
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