Resolution No. 5489
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
RESOLUTION NO. 5489
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 ("VPOSA") (EMPLOYEE GROUP 2)
(MARCH 1, 1988)
WHEREAS, the VPOBA has been recognized as an employee
organization, pursuant to Resolution No. 4027 of the City Council
of the City of Vernon, and have met and conferred with the MERR
of the City of Vernon; and
WHEREAS, members of the VPOBA, representing Employee
~f,
Group 2, have jointly met and pursuant to said . meeting and con-
ferring have executed an MOU with the MERR of the City of Vernon,
covering the period March 1, 1988 to and including August 31,
1992.
NOW ,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VERNON AS FOLLOWS:
SECTION 1: That the City Council of the City of Vernon
does hereby approve and ratify the MOU between the MERR of the
City of Vernon and theVPOBA (Employee Group 2), a copy of which
has been presented to the City Council concurrently wi ththis
resolution and the City Council hereby orders said MOU to be
received and filed by the City Clerk.
SECTION 2: That the approval and ratification set forth
herein are subject to all the terms, covenants and conditions
contained in said MOU.
SECTION 3: That the City Clerk of the City .of Vernon
shall certify to the pa~e of this resolution and thereupon and
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
~
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 15th day of March, 1988.
ATTEST:
fr V/~~~~
BRUCE V. MALKENHORST, City Clerk
-2-
~.
-- EONIS C. MAL 1J~G, Mayor
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1 STATE OF CALIFORNIA )
)ss
2 COUNTY OF LOS ANGELES )
3 I, BRUCE V. MALKENHORST, City Clerk of the City of
4 Vernon, do hereby certify that the foregoing Resolution, being
5 Resolution No. 5489
, was duly adopted by the City Council
6 of the City of Vernon, and was approved by the Mayor of said
7 City at a regular meeting of the City Council held on Tuesday,
March 15 , 19 88
~ y~~~
BRUCE V. MALKENHORST, City Clerk
(SEAL)
-3-
: ~ :.:T,.c -i / .-
. .:. .~. ...,"'t.... ..' t-, .
. "'\~.'. '-'c-'~'( -.r
"
1_
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
I
I
'I
II
I
1
\
I
I
i
I
I
i
i
I
\
MEMORANDUM OF UNDERSTANDING
2
BETWEEN THE
:~ I
4
MUNICIPAL EMPLOYEE RELATIONS REPRESENTATIVE
OF THE
~
<>
CITY OF VERNON
6
AND THE
7
VERNON POLICE OFFICERS' BENEFIT ASSOCIATION
8
(Employee Group 2)
!}
March I, 1988
This Memorandum of Understanding is entered into with
reference to the following facts:
1.
On or about May 16, 1973, upon petition filed by the
Vernon Police Officers' Benefit Association (hereinafter called
"Police Association"), pursuant to Resolution No. 4027 of the
City Council of the City of Vernon (hereinafter called "Vernon"),
the City Clerk of Vernon, certified that the Vernon Police Associ
ation is the recognized employee organization for its members
employed by Vernon in the employee group defined in the aforesaid
Resolution as "all full-time and regular part-time employees in
the Police Department except management and confidential
employees" (Section 8B(2) -- "Group 2).
2. Section 4Fof Resolution 4027 provides that employees
of Vernon who are peace officers are prohibited from forming,
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
(hereinafter called "HERR"), the Police Association acknowledged
. .
~ ,.
,".. < .
\, I If
I,
10
11
12
13
14
15
16
17
1 that its membership consists solely of police officers who are
2 peace officers. Accordingly, the police Association represents
3 only those employees in Group 2 who are peace officers.
4
3.
The Association and the MERR of Vernon have met and
5 conferred in good faith upon the wages, hours, and other condi-
6 tions of employment for the employees represented by the police
j Association in Group 2 in accordance with Chapter 10, Division
8 4, Title I, of the Government Code of the State of California,
9 and as required by Resolution No. 4027.
4.
The MERR and the representatives of the Pqlice Associ-
ation have agreed that they will jointly urge the City Council
of Vernon to adopt one or more Resolutions or Ordinances re-
flecting the changes in wages, hours, and other conditions of
employment agreed upon in this Memorandum of Understanding.
The police Association and the MERR agree as follows:
1. This Memorandum of Understanding constitutes a joint
recommendation by the Police Association and the MERR to be
18
19
20
~1
22
23
24
submitted to the City Council of Vernon for its determination
and approval by one or more Resolutions or Ordinances as the
City Council may deem fit and proper.
2.
Salaries:
2.1 Vernon shall establish the following salaries for
25
for the Police Officer classification effective March 1, 1988:
Step 1 $2897 Per Month
Step 2 $2746 tI "
Step 3 $2603 II 11
Step 4 $2467 II tI
Step 5 $2338 Per Month
-2-
26
27
28
... .. .
.It .,. "',..
-
/
Step 6 $2216 " "
2.2 Vernon shall establish the following salaries for
Police Sergeant classification effective March 1 , 1988:
Step 1 $3446 Per Month
Step 2 $3266 " "
Step 3 $3096 " "
Step 4 $2935 " II
Step 5 $2782 " II
2.3 Effective March 1, 1988, current employees in the class i-
1
2
:l
4
;)
6
8
9
10 fications of Police Officer I and Police Officer II will be classified to
11 appropriate steps in the Police Officer classification salary schedtile. The
12 reclassification list is set forth in Appendix A, attached and incorporated
13 herein by reference. The anployees will receive neN salary anniversary dates
14 for purposes of future merit step increases. These naY salary anniversary
15 dates will not affect an employee's seniority and/or retlrem:nt.
16 2 . 4 Employees represented by the Police Association shall re-
li ceive future general salary increases on SeptaIher 1, 1988, and each
18 September 1, thereafter up to but not including September 1, 1992, in the
19 same arrount as those salary increases received on the previous July 1, by
20 the miscellaneous/general employees of the City. Salary increases, if any,
21 effective Septellher 1, 1992, shall be subject to negotiations pursuant to
22 Section 29.2 .
23 2.5 Merit Steps: .
24 Prcm:>tions or salary increases to higher grades are merit .step
2::-
v only and shall be available to employees as recognition and reward for
26 satisfactory services after one (1) year in service at present grade. The
27 pra:rotion or salary increase to said grade shall rernian the sole discretion
28 of the City Council. Notwithstanding the above provision, any person employed
-3-
.'." .... -;--~'''''''''""--"",,,,,,,,''''''''''~-+',.....,,,,.....,i::A..''''''''''--'' >'''''.~''';''.'., "" _.""~'''' ,-f.:;....,.;~ ~."'''''
- --- - - --
','--.-'
'. :.... . II
......~ "
I
1
2
3
4
..
a
G
-
,
8
9
10
11
12
13
14
15
16
Ii
18
19
20
21
22
23
24
25
26
27
28
in a position of Police Officer, Step 6, shall be appointed to
Step 5 upon his/her successful completion in an assigned training
academy and any person employed in a position of Police Officer,
Step 5, shall be appointed to Step 4 after serving at least six
(6) months in the field and upon receiving a merit evaluation of
high competent. Any person who qualifies for said increase
shall have his/her anniversary date for future merit increases
established as of the date said officer is appointed to said
grade.
2.6 Premium Pay for Detective Assignments:
In the event a Police Officer is assigned to
the detective division, he/she shall receive premium pay equal
to One Hundred Twenty-Five Dollars ($125.00) per month and the
premium pay shall not be considered to be part of the employee's
basic monthly salary when computing peace officers standards and
training certificate incentives.
3. Public Employees Retirement System (PERS) Contributions
The City will pay seven percent (7%) of the employee's
personal retirement contribution in addition to the normal
employer contribution.
4. Work Schedule:
4.1 The Vernon Chief of Police at his sole discretion
shall establish the work schedule.
4.2 No existing personnel in Group 2 will be layed-of
during the term of this agreement.
5. Shift and Code Seven Policy:
Patrol personnel shall work an eight and a half (8 1/2)
hour shift. The first one half hour shall be used for briefing
-4-
..~ ...
. .
"
, .
1
2
:1
4
8
9
10
11
12
13
14
15
16
Ii
18
19
20
21
22
23
24
25
26
27
28
~)
and training purposes. Lunch time (code 7) shall be part of the I
shift and is only compensable if actually interrupted for purposes
of an emergency service call or not allowed. If Code 7 is
interrupted for an emergency service call or Code 7 is not
allowed the officer will be compensated for one-half hour
straight time or be granted one half hour Code 7 time at a
later part of his/her shift. An officer who elects additional
compensation shall not be granted additional Code 7 time during
his/her shift.
The parties agree that the current method of scheduling
and utilizing Code 7 time, with the exceptions stated above shall
continue. The parties further agree that this section is mutuall
agreed upon to satisfy the dictates of Madera police Officers
Association v. City of Madera (1984).
6. Life, Health, and Dental Insurance:
6.1 Employees represented by the police Association
shall receive the same amount of contribution to medical, dental,
and life insurance as that received by the miscellaneous/general
employees of the City.
6.2 The City's agreement to pay the full cost
of said premiums shall not create or ripen into a vested right in
said employee and City shall not be obligated to pay the cost of
or provide said life, health and dental benefits beyond
August 31, 1992.
6.3 City further agrees not to change, modify or alte
the benefits described in the current insurance policy now in
effect unless said changes, modifications or alterations are
applicable to City miscellaneous employees.
-5-
6
I
.oJ _,.
~
. .
, ,
18
19
20
21
22
23
1
7.
Court Attendance and "Stand By":
2
7.1
Employees in the classifications represented
3 by the Police Association in Group 2 shall be compensated for
4 court appearances in the line of duty outside regular scheduled
,) duty hours as follows:
6
7.1.1
Fifty Dollars ($50.00) for an
-
, appearance which requires the employee's presence for half a
8 court day or less.
9
7.1.2
Ninety Dollars ($90.00) for an
10 appearance which requires the employee's presence for a full
11 court day or less, but more than a half court day.
12
7.2
An appearance shall be deemed for more than a
13 half court day if the employee is required to appear at the
14 morning session of the court and has to return on the same day
15 after the noon recess of the court.
16
7.3
Court appearances which extend beyond an
li
employee's normal shift assignment shall be compensated as paid
overtime unless said paid overtime exceeds fifty dollars ($50.00)
in which event said employee. shall receive the sole sum of fifty
dollars ($50.00) as court appearance compensation.
For purposes of calculating F.L.S.A. overtime pur-
suant to Section 8(B) of this 1'10U only the actual time .spent in
court or travelling in a City Vehicle to and from the Station Sha 1
24 be credited as hours worked. Travel time to and from one's
25 private residence shall not be considered hours worked and shall
26 not be compensated in any manner whatsoever. No additional pay-
27
28
ment other than that set forth in Section 7.1 through 7.3 of the
!-1emorandum of Understanding shall be made for Court pay.
-6-
',",~i.~'. .i.......""~,. ............".,.".....;.........';.:-.~;......i """''''"~":..''''....;''''-.,,,.;:..:'i\.O;t,:&:~..,:jj.;,~_-''''''.t~~,$..,;;j'',;lf.o;:.'.dt:!~~ ~:::';,f!'~;;;;'O;,'~',_; """, --. _, 't -.",_ ~:'- .\-",~,i::;',;;:,i;;;.,~c;-;,i;;-~~'~1$~~li~'t'.t\f,.'~'..,~,-j&.~;<';,:::.-.;.,~~~, ~ _.' ~,' .~~'
~: . ~..,'?'.;,;...........~'~;..'i'~~,'"~~r""'"-.a.:..u._\.~:i'!;,'joe, ~-':-i-"
.. .
~.., .>.! .~~ <t
1 7.4 An employee may leave a telephone number where
2 he/she may be reached while on court standby. Such time is not
3 considered hours worked and will not be compensated in any
4 manner whatsoever pursuant to the F.L.S.A.
~ Alternatively, an employee (at the employeetsoption
G and with the permission of the department) on court standby shall
, report to the police station, in uniform, for assignment while
8 awaiting court. An employee shall be credited on an hour for hou
9 basis for time actually worked while on standby. Travel time to
10 the police station shall not be considered hours worked and shall
11 not be compensated in any manner whatsoever. However, in recogni
12 tion of the City's past practice, an employee shall be compensate
13 for standby status as follows:
14 A. Fifteen Dollars ($15) for half a court day
15 ending at 1:45 p.m.
16 B. Thirty Dollars ($30) for a full court day.
Ii c. However, if said employee is required to
18 appear in court, he/she shall receive court appearance compensa-
19 tion rather than standby compensation.
20 The parties agree that this provision shal1 not count toward
21 hours worked and that the provision complies with the F. L. S .A.
22 8. Overtime Practices
23 A. Exemption - TheCi1:Y of Vernon hasexereised
24 its ability to take a statutory "7K" exemption of sworn}?61ice
25 personnel. The work period for such employees shall be 28 days
26 in length commencing on Sunday, April 13, 1986, at 12:01 a.m.
27 B. F.L.S.A. Overtime - All employees required to
28 perform in excess of the standard work period of 171 hours in a
-7-
'~";'~-';":':;"":'~:;;";':;';';~'~'_._'''''~''-'''~''
....--.'. _..~.-
,. _-'.,._~. .._____ _. ;.,.. .:I.:.
I'
I
1 28 day cycle shall receive compensation at the rate of time and
2 one-half his/her regular rate of pay. The regular rate of pay
3 shall include the following components in addition to base salary
4 1) Educational Incentive
.) 2) Special Assignment Pay
G 3) Shooting Pay
i C. Paid Leave Exclusions - In determining an
8 employee's eligibility for overtime compensation in a work period
9 paid leaves of absences and unpaid leaves of absences shall be
10 excluded from the total hours worked. Paid leaves of absences
11 include, but are not limited to, the following:
12 1) Vacation
13 2} Holiday Leave
14 3) Sick Leave
15 4) Administrative Leave
16 5) Compensatory Leave
Ii 6) Workers' Compensation Leave
18 7) 4850 Time
19 8) Jury Duty
20 9) Bereavement Leave
21 10} Military Leave
22 Non F.L.S.A. Overtime
23 employees required to<perform in excess of the one
24 hundred<and sixty (160) hours. in a standard work period o~
25 twent.y...eight (28) days, but les s than one hundred and seventy-one
26 and one-quarter (17l.25) hours in a standard work period of
27 twenty-eight (28) days, shall receive compensation at the
28 following rate:
-8-
~ . ,f... . ..
-------
.::'t;'j.1::,;t'-~:'.;~~~:~'~'~':"":--;'_:";'. - "--'.;;:2~':'l',{(~'~~;~t::~:r;;~j;~-~~~'t.t-.rJ::;:?:'7.i;e::>.t~i:,,~<':Stt-~':'::-?~::'c'-:.':.:-,-,;.:J'~" ,~
.' ~ . ""..'
,i"',',::'....'.-"'l",.
1
1) The straight time regular rate of pay; or
2) compensatory time on an hour for hour
basis
E. Compensatory Time (Gap Time)
No employee shall accrue more than 40 hours of
2
3
4
~)
G such compensatory time under paragraph 0 above. Should any
,
employee exceed 40 hours of accrued compensatory time, he/she
8
shall receive compensation at the straight time regular rate of
9
10
pay.
F.
Comp~nsato~y Time
11 In lieu of receiving cash payment for hours worked
12 in excess of one hundred and seventy-one (171) hours during the
13 twenty-eight (28) day work period, an employee may elect the
14 option of taking compensatory time off. Compensatory time shall
15 be earned at the time and one-half rate for each hour worked.
16 Such compensatory time off must be taken prior to the conclusion
17 of the work period. If an employee is unable to utilize a por-
18
19
20
21
22
23
24
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
regular rate of pay.
G.
Overtime Authorization
overtime requests.must.have prior written author-
izationof a supervisor prior to the.commencement of such
work.
lihere prior written authorization is not feasible, explici
25
verbal authorization must be obtained.
~fl1ere verbal authorizatio
2G
27
28
is obtained, written authorization must be obtained as soon therel
after as practicable. Dispatched calls beyond the end of duty
time are considered as authorized. An employee's failure to
-9-
i .
. .
..
1
obtain prior written approval, or explicit verbal authorization
2
followed by written authorization, will result in the denial of
:1
4
the overtime request.
H. Shift Trades
.
\}
The practice of shift trading shall be voluntary on
6 behalf of each employee involved in the trade. The trade must be
-
I
due to the employee's desire or need to attend to a personal
8
9
10
11
12
13
14
matter and not due to the department's operations. The employee
providing the trade shall not have his/her compensable hours
increased as a result of the trade; nor shall the employee
receiving the trade have his/her compensable hours decreased as
a result of the trade. Any premium payor other extra com-
pensation shall continue to accrue only to the person originally
15
16
entitled to the premium payor extra compensation. Any hours
worked beyond the normal work day will be credited to the indi-
vidual actually doing the work. "Paybacks" of shift trade are
the obligation of the two employees involved in the trade. pay-
backs are to be completed within one (1) calendar year of the dat
of the initial shift trade. Any dispute as to the paybacks is to
be resolved by the involved employees, and under no circumstances
li
18
19
20
21
22
23
24
25
will the.department be obligated for .any further compensation
whatsoeverto.any of the involved employees. The departxnel'ltis
not responsible in any manner for hours owed to employees by othe
employees that leave the employment of the City or are assigned
other duti.es. A record of all initial shift trades and "paybacks'
shall be maintained by the involved employees on forms provided b
26
27
28
the department ("shift trade log").
1. Shift trades are only authorized when vaca-
-10-
... ~ ~,.,
""",,,.n" ,. j....;. .'~
L -.
-<-----._..,.--.----"~.."
" ...' ....y..,
1 tion, compensatory time, or other leave cannot be used.
2
If one individual fails to appear for the
2.
3 other (regardless of the reason), the person who was scheduled as
4 a result of the shift trade will be listed as absent without
~
~) leave and may be subject to disciplinary action.
G
I.
Early Relief Policy
-
I
The practice of early shift release shall be volun-
8 tary on behalf of each employee involved in the relief. The em-
U ployee providing the early relief shall not have his/her compen-
10 sabl~ hours increased as a result of the early relief; nor shall
11 the employee relieved early have his/her compensable hours
12 decreased as a result of the early relief. "Paybacks" of early
13 relief hours are the sole obligation of the two employees
14 involved in the early relief. Any dispute is to be resolved by t e
15 involved employees, and under no circumstances will th depart-
16 ment be obligated for any further compensation whatsoever to any
Ii of the involved employees. The department is not responsible in
18
19
20
21
22
23
any manner for hours owed to employees by other employees that
leave the employment of the City or are assigned other duties.
J. Training Time
Attendance at training school/facilities
(including the academy) which improves.the performance of regular
tasks and/or prepares for job advancement are not compensable for
24 hours in excess of the employee's normal work shift. Any time
25
spent in excess of the normal work shift will not be counted as
2G
working time and is not compensable in any manner whatsoever. \
Time spent in studying and other personal pursuits is not compen-
27
28
sable hours of work, even though the employee may be confined to
-11-
,,-,";'" '.' "-'~"
> .
..
. .
,,' '~".'-','-,.,.-----
1 campus or to barracks 24 hours a day. Travel time to and from
2 the training facility outside of an employee's normal work shift
3 is not compensable hours of work.
4 K. City Vehicle Use
~ Employees who are provided with a City vehicle to
6 travel to and from work shall not be compensated in any manner
i whatsoever for travel time to and from work. This provision
8 also applies in those situations where the radio must be left on
9 and monitored.
10 L. Clothes Changing
11 Employees are not authorized to wear their uniforms
12 or any part thereof that is distinguishable as such unless on
13 duty. Each employee is provided with a locker for his/her per-
14 sonal convenience. Any employee mayor may not utilize the locke
15 for storage and changing purposes at his/her own discretion.
16 Nothing herein prevents an employee from wearing his/her uniform
17 to and/or from his/her residence to work as long as the badge and
18 insignia are covered in a non-police issue garment such as a
19 windbreaker. Employees choosing to wear their uniforms covered
20 to and/or from work should not wear their "Sam-Browne" belt.
21 Time spent in changing clothes before or after shift, or during
22 lunch, is.not considered hours worked and is not compensable in
23 any manner whatsoever.
24 M. Exempt Employees
25 Although the classification of the police Sergeant
26 is part of the bargaining unit, for purposes of the Fair Labor
27 Standards Act, the classification is designated as exempt. For
28 purposes of treatment of overtime the classification of Police
-12-
. ,
1 Sergeant shall be treated in the same manner as Police Officers
t_). .
unt11 such t1me as changed by the City Council.
J 9. Call Backs
4 Call Back duty occurs when an employee is ordered to
~) return to duty on a non-regularly scheduled work shift. Call
6 back does not occur when an employee is held over from his/her
-
I prior shift or is working prior to his/her regularly scheduled
8 shift. An employee called back to duty shall be credited with a
9 minimum of four hours work commencing when the employee leaves
10 his/her residence. Any hours worked in excess of four hours
11 shall be credited on an hour for hour basis for actual time
12 worked. This provision is to be distinguished from Court pay
13 which is to be used when an employee is called back to court.
14 10. Uniform and Clothing Allowance
1=i.
v 10.1 Vernon will pay to each employee in the
16 classification represented by the police Association in Group 2,
1-,
who has completed his/her first year of service and who is on the
18 active payroll of the Vernon police Department and is assigned
19 to Uniform Patrol, Four Hundred Dollars ($400) per fiscal year
20 for the purchase of uniforms and related equipment. In the event
21 that the fire employees receive a uniform allowance greater than
22 Four Hundred Dollars ($400) as of september I, 1988, the uniform
23 allowance shall be increased to the same amount received by fire
24 employees. Employees assigned to non-uniform positions shall
25 receive Two Hundred and Fifty Dollars ($250) per fiscal year for
26 clothing allowance.
27 10.2 It is the intent of the parties hereto that
28 the payments provided for in this Section 10 constitute reim-
-13-
... ","- -- ......,. ,,,,-<,,.,,,,,:,;,:,,,,:,,,,,~,,,,,,,""""_"_",,,,:;;":'>i.;..""."""""'...:.a..~:':;.i-,,,",,,,,,,,,-,,-(,;;>;.. < )~.~.'~^.:., J.I~:~-".';"".:.~.~. ~.l--;". Iii.,...>,,". '-l"'<
." ~.-:.,-; :':...;:'- i<;C;;;;-;~.::':'~<~,-:;;;:;: ~
.'_" ?",>:;.. ..........: "".0. ":=_:_';""'_',:.,.~..!::C ._"...J..,.:...,-'.~:,...-.:~
...' ..' . --
1 bursement for incurred expenses and not earned income.
2 11. Safety Equipment:
3 11.1 The City shall, every three (3) years,
4 pay one-half of the cost of the member's individual body
G armor is the member presents to the City a receipt for body
6 armor that meets departmental specifications.
-
I 11.2 Employees who carry a private weapon which
8 has been expressly approved by the Vernon Police Department and
n suffer the loss or damage of such \veapon in the line of duty
10 shall be compensated by the City of Vernon up to the amount of
11 replacement cost of the official issue weapon of the Vernon Police
12 Department unless such loss or damage was caused by the
13 employee's negligence.
14 12. Vacations:
15 12.1 Employees in the classifications repre-
16 sented by the Police Association in Group 2 may take all or
1-, ) d
part of their vacation increments of one (1 or more ays
18 as determined by the Chief at his discretion with due regard
19 for the wishes of the employees and the needs of Department.
20 Employees who desire to take vacations in increments of less
21 than one (1) week must give at least two (2) days advance
22 written notice to the Chief or his designee and such request will
23 be honored only if, in the opinion of the Chief or his designee,
24 the manpower or service level on the day or days and at the time
25 is adequate to permit granting such a .request;
26 13. "In Lieu" Holidays:
27 13.1 Employees in the classification represented
28 by the Police Association in Group 2 shall receive ten (10) "in
-14-
"~', ',c,',~7:!-;::-,~_~::-~~::~;'~
,.....
11
':,
1 lieu" holidays per fiscal year.
2 13.2 The said "in lieu" holidays will be credited
3 to each employee on each July 1, beginning July 1, 1986, which
4 he/she is on the active payroll of the department in a classi-
~) fication represented by the police Association in Group 2 and
G must be taken prior to the immediately following July 1. Such
7 "in-lieu" holidays may" be taken as days off on dates desired by
8 the employee subject to the convenience of the Vernon police
9 Department, or as assigned by the Vernon Police Department.
10 Such "in lieu" holidays, if not taken, shall not be paid for
11 except if the employee was denied as opportunity to taken them off
12 during the year for which such "in lieu" holidays were granted.
13 In that case only, the employee shall be paid for said "in lieu"
14 holidays not take with his/her first payroll check on or after
15 July 1 of the year following the year for which the "in lieu"
16 holidays were credited, at his/her then basic rate, excluding all
17 other compensation, computed in accordance with the applicable
18 Salary Resolution of Vernon. An employee whom quits or is ter-
19 minated shall not be entitled to any compensation for "in lieu"
20 holidays not taken.
21 14. Bereavement Leave:
22 Whenever an employee is compelled to be absent
23 from duty by reason of death or critical illness (where death
24 appears imminent). of members of the employee's immediate family
25 (father, mother, brother, sister, spouse, children, mother-in-
26 law, father-in-law, grandmother, grandfather, or grandchildren)
27 such person shall be entitled to a leave of absence with pay for
28 up to three work days (24) hours. The employee shall furnish
-15-
~'...' . .~...4 ,. '., .U, 0.'"
. ~
1 satisfactory evidence of such death or critical illness to his/
2 her department head, if requested. Such leave of absence shall
:J not be allowed in any case where in the preceding six (6)
4 calendar months a leave on the grounds of critical illness of
,) that same relative has been granted.
G 15. Peace Officers' Standards and Training Certificate
...
,
Incentive:
8
15.1 Employees in the classifications represented
9 by the Police Association in Group 2 who have completed their
10 probationary period shall be entitled to peace officers'
11 standard and training certificate incentive pay as follows:
12
15.1.1 Two and one-half percent (2 1/2%)
13 of the employee's basic monthly salary excluding all other
14 compensation for a POST intermediate certificate.
15 15.1.2 Five percent (5%) of the
16 Employee's basic monthly salary excluding all other compensation
17 for a POST advanced certificate.
18
15.2 Payment of the aforesaid incentive compen-
19 sation shall not be clli~ulative and only the highest applicable
20 incentive pay shall be paid.
21
15.3 Incentive pay shall be payable the month
22 following the month during which the certificate is granted, or
23 the month fol1o.wing completion of the employee t s probationary
24 period, whichever is latest.
25
16. Shooting Pay:
26 16.1 It is recognized by Vernon and the Association
27 that a peace officer must qualify in the firing range on a monthl~
28 basis in order to continue to be employed and to receive shooting
-16-
.~
1
I
I
I
I
i
i
i
I
pay. Such qualifications shall occur on duty. Employees who shoot
at the range other than the required qualifications dates will bel
considered to be on personal time. Such time is not counted as
2
:1
4 working time and is not compensable in any manner whatsoever.
~)
16.2 Officers who achieve the following qua1i-
6 fications shall receive compensation as follows:
-
I
Harksman
$
Per Month
3.00
8
Sharpshooter
5.00
11
"
9
10
11
12
Expert
7.50
11
"
Distinguished Expert
10.00
11
"
17. Longevity Pay
Effective August 31 1986, the City will establish
13 a four step longevity program for all employees. Said Longevity
14 program is as follows:
15
1. All eligible employees who have five years of
16 service on or before August 31, 1986, shall receive an additional
Ii five percent (5%) per month of their basic salary effective
18 August 31, 1986, and every year thereafter until reaching the
19 next step. Employees upon reaching their 5th anniversary date
20 after August 31, 1986, shall be entitled to said five percent
21 (5%) per month upon said anniversary date.
22
23
24
2. All eligible employees who have. ten (10) years
of service on or before. July l, 1987, shall receive an additional
ten percent (10%1 per month of their basic salary effective July
25
1, 1987, and every year thereafter until reaching the next step.
Employees upon reaching their lOth anniversary date after July 1'1
1987, shall be entitled to said ten percent (10%) per month upon I
26
27
28
said anniversary date.
-17-
,. ,,-...--,--,-.-. "" ."". '".,....~.......',,'.... .,,- . ~'-; ...." ..',,". *"",,' .,' -,- ._...~:,:.:c::4.:-::~.?:n'~:;:::_,.... .___._.....~':'__, .....,.,.... C'. .._....
.,.-,
"......,~ -,'~
" ~
:-
I!
II
I,
I
I
i
',---<::::.
1 3. All eligible employees who have fifteen (15)
2 years of service on or before July 1, 1988, shall receive an
3 additional fifteen percent (15%) per month of their basic salary
4 effective July 1, 1988, and every year thereafter until reaching
5 the next step. Employees upon reaching their 15th anniversary
6 date after July 1, 1988, shall be entitled to said fifteen
i percent (15%) per month upon said date.
8 4. All eligible employees who have twenty (20)
9 years of service on or before July 1, 1989, shall receive an
10 additional twenty pe~cent (20%) per month of their basic salary
11 effective July 1, 1989, and every year thereafter. Employees
12 upon reaching their 20th anniversary date after July 1, 1989
13 shall be entitled to said twenty percent (20%) per month upon
14 said anniversary date.
15 18. Auto Insurance
16 The City will establish an auto insurance program
Ii for all employees wherein, the City will contribute fifteen
18 dollars ($l5) per month per employee toward said employee parti-
19 cipation. Said program is contingent upon the participation of
20 a sufficient number of employees required by said program. Said
21 program is effective September 1, 1986.
22 19. Deferred.Compe1'l.sation
23 Effective March. 1, 1988, employees may voluntarily
24 participate in the City's Deferred Compensation Program.
25 20. Field Training Officers
26 Police Officers assigned by the Chief of police, or
27 his designee, as Field Training Officers shall receive a deferen-
28 tia1 of two and one-half percent (2 1/2~) for the period so
-18-
I
'. . II
I
1
2
3
4
a
G
0-
f
8
9
10
11
12
13
14
15
16
li
18
19
20
21
22
23
24
25
26
27
28
; ~-~::j p,-\,,",:?,,_' ''', ;i:;-~~,';;' :.::,'\__~.._ ~_.
assigned. Each officer assigned as a Field Training Officer
shall complete a P.O.S.T. approved Field Training Officer School
prior to assignment.
The number of field training officers, qualifi-
cations, and training for such assignment shall be determined
by the Chief of Police. Such assignment shall be revoked at
any time without recourse to the disciplinary procedure (Article
23) .
21. Relief for Sergeants:
City will guarantee that the patrol sergeants will
be entitled to take one (1) weekend off per month (including
Saturday and Sunday).
22. Sergeants' Relief position:
Vernon has established a sergeant's relief
position with a salary equal to the salary received by patrol
sergeants and the Chief of police has the discretion to .assign
additional duties to the sergeant assigned to this position.
23. Grievance Procedure:
23.1 Vernon will adopt a grievance procedure
applicable to all police officers and Sergeants containing the
following principles:
23.1.1 A grievance will be defined as a
dispute between the City and an employee or employees adversely
a.ffected thereby over interpretation or applicable of any pro-
vision of this Memorandum of Understanding. "Days" as used
herein shall be those days that the City Hall of the City of
Vernon is open part or all of the day. "Immediate Supervisor"
is the lowest level management or supervisory person having
-19-
~
8
9
10
11
12
13
14
15
16
li
18
19
20
21
22
23
24
25
26
27
28
. " '.
1
immediate jurisdiction over the grievant.
2
3
23.1.2 Step 1
The aggrieved employee shall present orally
or in writing his grievances to his immediate supervisor within
five (5) working days of the occurrence of the action giving
rise to the grievance. Discussions will be informal for the
purpose of settling differences in the simplest and most direct
manner. The immediate supervisor shall reach a decision and
communicate it orally or in writing to the aggrieved employee
and the ,Municipal Employee Relations Representative (MERR) within
two (2) working days from the date the grievance was presented to
him.
4
~
.)
G
I
23.1.3 Step 2
If the grievance is not settled at the first
step to the satisfaction of all parties, either the MERR or the
aggrieved employee within two (2) working days of the answer in
the first step, shall reduce the grievance to writing, sign
it and present it to the Department Head or his designee. The
Department Head or his designee shall obtain the facts concerning
the alleged grievance and shall within five (5) working days of
receipt of the written grievance conduct a meeting between him-
self,his representative, if needed, the aggrieved employee, and
the employee's representative. The Department Head orhis<designe
shall notify the aggrieved employee and the MERR of his decision
not later than five (5) working days following the meeting date.
23.1.4 Step 3
If the grievance is not settled at Step 2,
~)
it may, upon the request of either the employee or the MERR, be
-20-
~ 6"" '",- 4
,":. .' :,.: ...... :~:.....:~.,.
submitted to the mediation of the California State Conciliation
Service. The mediator designated by the Service shall attempt
to adjust the grievance. Proposals, concessions and admissions
made during the course of such mediation shall be confidential
and not be used in any subsequent proceedings. If the grievance
is not settled to the satisfaction of all parties within twenty
(20) days after the designation of the mediator by the Services,
then the grievance shall be deemed not to have been settled at
Step 3.
23.1.5 Step 4
If the grievance is not settled to the sat-
isfaction of all parties at Step 3, then the grievance shall be
submitted to the City Council of the City of Vernon for deter-
mination. The Council shall conduct such hearing and receive
such evidence as it deems appropriate. The City Council will
make the final decision at its sole discretion; however, the
mediator from Step 3 above will be allowed to participate with
the Council during an executive deliberative session wherein
management representatives and employee representatives shall
be excluded from said deliberative session. The decision of
the Council shall be final and binding on the parties.
23.1. 6 The Council's decision will be pro-
vided in a written format which will be given to the grievant
after the decision is made.
24. Discipline Procedure:
The parties recognize that the Public Safety
Officers' Procedural Bill of Rights provides for the adminis-
trative appeal of certain types of disciplinary actions. Such
-21-
, .
;
.
.
1
administrative appeals shall commence at Step 2 of the Grievance
2
Procedure (Article 23), within five (5) working days of the iropo- I
sition of the discipline. Appeals under this article shall in no I
3
4
manner create a vested property right in an employee's job nor in
~)
any manner obviate the terms and conditions of such employees'
6
individual employment contract with the City.
I
25. City/Association Meetings
8 On a quarterly basis, representatives from the
9 Association and the City Administrator's office, shall meet
10 on an informal basis to discuss mutual concerns. These meetings
11 are not for the purpose of meeting and conferring.
12
13
26. Management Rights
26.1 The City retains all its exclusive rights
14 and authority under state law and expressly and exclusively
15 retains its management rights, which include, but are not limited
16 to:
17
a)
The exclusive right to determine the
18 mission of its constituent departments, commissions, boards;
19
20
b)
set standards and levels of service;
c)
determine the procedures and standards of
21 selection for employment and promotions;
22
23
d) direct employees;
e) establish and enforce dress and grooming
24 standards;
25
f) determine the methods and means to
26
27
28
relieve its employees from duty because of lack of work or other \
lawful reasons;
g) maintain the efficiency of governmental
-22-
.
.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1 operations;
2 h) determine the methods, means and numbers
~ and kinds of personnel by which government operations are to be
d
4 conducted;
.)
i) determine the content and intent of the
G
job classifications;
j) determine methods of financing;
k) determining style and/or types of city-
issued wearing apparel, equipment or technology to be used;
1) determine and/or change the facilities,
methods, technology, means, organizational structure and size and
composition of the work force and allocate and assign work by
which the City operations are to be conducted.
m) determine and change the number of
locations, relocations and type of operations processes and
materials to be used in carrying out all city functions,
including, but not limited to, the right to contract for or
subcontract any work or operations of the City;
n) to assign work to and schedule
employees in accordance with requirements as determined by the
City and to establish and change work schedules and assignments
upon reasonable notice;
-
I
8
0) establish and modify productivity and
performance programs ,and standards;
p) discharge, suspend, demote,
reprimand, withhold salary increases and benefits, or otherwise
discipline employees in accordance with applicable state law;
q) establish employee performance
-23-
, .
,\ '.
1 standards including, but not limited to, quality and quantity
2 standards, and to require compliance therewith;
:~
r) take all necessary actions to carry out
4 its mission in emergencies; and
, )
s) Exercise complete control and discretion
G over its organization and the technology of performing its work.
-
,
26.2 The exercise by the City through its Council
8 and management representatives of its rights hereunder shall
n not in any way, directly or indirectly, be subject to the
10 grievance procedure herein except that any scheduling changes
11 \\'hich are not uniformly implemented and discipline pursuant to
12 Article 24 will be subject to the grievance procedure.
13
26.3 The exercise of such rights shall not preclude
14 employees or their representatives from meeting and conferring
15 or meeting and consulting, as required by law, with management
16 representatives.
Ii
27. Non-Discrimination
18 Neither Vernon nor the police Association
19 shall discriminate against any applicant for employment or
20 employee because of race, religion, national origin, sex, age,
21 (as defined in applicable legislation) handicap, marital status,
22 or member or non-membership in the Police Association.
23
24
28. Savings Clause and Legal Limitations:
26
I
of Understanding (including, but not limited to, the provisions 01
the F.L.S.A.) and any and all Resolutions or Ordinances adopted I
in implementation thereof are and shall be subject to all present I
I
It is understood and agreed that this Memorandum
25
27
28
and future applicable federal and state laws and regulations
-24-
." ~ ...
s. ( :'..>"' II-
1 and shall be effective and implemented only to the extent
2 permitted by such laws and regulations. If any part of this
:~ Memorandum of Understanding or of any Resolution or Ordinance
4 adopted in Implementation thereof is in conflict or inconsis-
~ tent with any such applicable provisions of federal state
6 laws or regulations or otherwise held to be invalid or unen-
7 forceab1e by any tribunal of competent jurisdiction, such
8 part or provision shall be suspended and superseded and such
9 applicable laws and regulations and the remainder of this
10 Memorandum of Understanding shall not be affected thereby and
11 shall remain in full force and effect.
12
13
14
15
16
17
29. Term:
29.1 The terms agreed upon by this Memorandum of
Understanding shall take effect upon approval by one or more
Resolutions or Ordinances of the City Council of Vernon and shall
remain in full force and effect until midnight, August 31, 1992.
The Police Association hereby expressly waives any right
18
19
20
21
22
23
24
to request improvements or other changes in the wages, hours, or
other conditions of employment of employees in the classification
represented by the Police Association in Group 2, to take effect
prior to September 1, 1992 and Vernon shall not be required to
meet and confer as to any such request.
29.2 If the Police Association desires to meet
and confer with Vernon concerning improvements or changes in
25
salaries, wages, hours or other conditions of employment to take
26
27
28
effect on or about September 1, 1992 it shall serve upon the MERR
a written request to meet and confer describing said improvements!
or changes no later than June I, 1992.
-25-
/ "If'
~~r.' -~. .~~
1 VERNON POLICE OFFICERS' BENEFIT ASSOCIATION
<)
....
BY ~ G? ~~ DATED: 3-1-99
( v. P. o. B. A'I PRESIDENT
ByV~~f fJ}#1Il/w- DATED: ,-/- ff
V.P.O. ,~. A, 'lieF f'12e-5\DE1JT
3
4
;J
6
BY )'J1..;'A~ C'C:&i-:LJ
V . f".<-' 4' .
DATED:
8 CITY REPRESENTATIVE OF THE CITY OF VERNON
D A Municipal Corporation
10
11
12
13
14
BY /\"<:<t;/ ;;1.Ii:Zl;ED: 5/t/d
Druce V. Malkenhorst
Municipal Employee Relations Representative (MERR)
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-26-