Resolution No. 5645
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RESOLUTION NO. 5645
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A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VERNON ESTABLISHING VACATION
POLICIES, HOLIDAYS AND "IN LIEU" HOLIDAYS
FOR EMPLOYEES OF THE CITY OF VERNON AND
REPEALING ALL RESOLUTIONS IN CONFLICT
THEREWITH
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WHEREAS, the city Council of the City of Vernon adopted
Resolution No. 4668 on August 23, 1979, as amended by Resolution
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Nos.
4816 (adopted June 30,
1981) and 5017 (adopted June 30,
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10 lieu" holidays for employees of the City of Vernon: and
11 WHEREAS, the City Council of the City of Vernon desires
12 to amend its policies governing vacations, holidays and "in
13 lieu" holidays that will be fair and equitable to all city
14 employees; and
15 WHEREAS, the working schedules of various employees of
16 the City departments are not the same.
17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
18 THE CITY OF VERNON AS FOLLOWS:
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SECTION 1: The City council of the City of Vernon
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hereby finds
and determines that the recitals contained
21 hereinabove are true and correct.
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SECTION 2:
That certain employees of the Police,
23 Water, and Light and Power Departments of the City of Vernon,
24 whose duties are such that they do not have or receive the time-
25 off benefits of regular legal holidays, shal1 be entitled to
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SECTION 3:
That ful1-time employees of the City,
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except those specifically mentioned in sections 2, 6 and 8 of
this resolution, shall be entitled to vacation benefits as
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fo11ows:
3.1.
After completion of one (1) year of
continuous service, shall be granted ten (10) working days
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annual vacation leave during the second (2nd) year of said
service and each year thereafter at full pay.
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3.2.
After completion of
five (5) years of
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continuous service,
shall be granted twelve (12) working days
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annual vacation leave during the sixth (6th) year of said
service and each year thereafter at full pay.
3.3. After completion of ten (10) years of
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continuous service, shall be granted fifteen (15) working days
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annual vacation leave during the eleventh (11th) year of said
service and each year thereafter at ful1 pay.
3.4. After completion of twenty-five (25) years
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of continuous service,
shall be granted sixteen (16) working
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days annual vacation leave during the twenty-sixth (26th) year
of said service and each year thereafter at full pay.
3.5. This section shall apply, but not be limited
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to, miscellaneous employees of the Police Department, Water
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Department, Light and Power Department and the
Fire Department
of the City of Vernon, as defined by the Public Employees
Retirement system, who have or receive the time-off benefits of
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regular legal holidays.
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SECTION 4:
The vacation benefits for all approved
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employees who work a four (4) day work week in accordance with
Section 11 of Resolution No. 5641, are provided for herein as
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follows:
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4.1. That each such employee of the City shall be
entitled to eight (8) working days vacation during the second
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year of said service and each year thereafter at full pay.
4.2. That each such permanent, full-time employee
who has completed five (5) years of continuous service shall be
granted ten (10) working days annual vacation leave with pay.
4.3 . That each such permanent, full-time employee
who has completed ten (10) years of continuous service shall be
granted twelve (12) working days annual vacation leave with pay.
4.4. That each such permanent, full-time employee
who has completed fifteen (15) years of continuous service shall
be granted sixteen (16) working days annual vacation leave with
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Employees entitled to sixteen (16) working days annual
pay.
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vacation leave with pay, may not take more than twelve (12)
working days at anyone time. The only exception to the above
policy is that a Department Head may, for good reason, in his
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discretion, authorize an eligible employee to take all sixteen
(16) working days at the same time.
It is the intention of the
City Council that the four (4) additional working days granted
to eligible employees be taken at some time other than the
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normal or regular vacation period so that it will be unnecessary
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to employ additional personnel during vacation periods and that
the additional four (4) working days be taken any time during
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the calendar year that is satisfactory to the Department Head.
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4.5. That each such permanent, fu11-time employee
who has completed twenty-five (25) years of continuous service
shal1 be granted seventeen (17) working days annual vacation
leave with pay. Employees entitled to seventeen (17) working
days annual vacation leave with pay, may not take more than
twelve (12) working days at anyone time. The only exception to
the above policy is that a Department Head may, for good reason,
in his discretion, authorize an eligible employee to take all
seventeen (17) working days at the same time. It is the
intention of the City council that the five (5) additional
working days granted to eligible employees be taken at some time
other than the normal or regular vacation period so that it will
be unnecessary to employ additional personnel during vacation
periods and that the additional five (5) working days be taken
any time during the calendar year that is satisfactory to the
Department Head.
4.6. That approved employees participating in said
four (4) day work week shall not receive the benefit of holidays
falling on a Friday or Saturday, but shall receive the benefit
of holidays falling on Sunday by celebrating said holidays on
the following Monday.
SECTION 5: That all full-time employees of the Police,
Water, and Light and Power Departments of the city of Vernon,
whose duties are such that they do not receive the benefits of
regular legal holidays, who have completed ten (10) years of
continuous service, shall be granted four ( 4 ) calendar weeks
annual vacation leave with pay, with a stipulation that
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employees entitled to four (4) calendar weeks annual vacation
with pay may not take more than three (3) calendar weeks at any
one time. The only exception to the above policy is that a
Department Head may, for good reason, in his discretion,
authorize an eligible employee to take all four (4) weeks at the
same time. It is the intention of the City Council that the
fourth week granted to eligible employees be taken at some time
other than the normal or regular vacation period so that it will
be unnecessary to employ additional personnel during vacation
periods, and that said fourth week be taken any time during the
calendar year that is satisfactory to the Department Head.
SECTION 6: Shifts (Fire Department)
6.1. Fire Department employees engaged in fire
suppression shall be annually scheduled to work for one hundred
twenty-two (122) twenty-four (24) hour shifts.
6.2. Said one hundred twenty-two (122) shifts
shall constitute the gross shifts to be scheduled from which the
following shifts sha11 be deducted annually as, and in lieu of,
paid vacations and holidays:
6.2.1. After completion of one (1) or more
years of continuous service, but less than ten (10) years --
thirteen (13) twenty-four (24) hour shifts.
6.2.2. After ten (10) or more years of
continuous service, two (2) additional twenty-four (24) hour
shifts.
6.2.3. After twenty-five (25) or more years
of continuous service, one (1) additional twenty-four (24) hour
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shift.
6.3. The shifts which employees are entitled to
deduct pursuant to Subsections 6.2.1 and 6.2.2 shall be
scheduled as shifts off on a year-around basis, subject to the
following provisions:
6.3.1. Each employee must be scheduled for at
least five (5) consecutive shifts off during the anniversary
year following his anniversary date on which he became entitled
to deduct the shifts in question.
6. 3 . 2 . Each employee must be scheduled for
all shifts which he is entitled to deduct as shifts off during
the anniversary year immediately following the anniversary date
on which he became entitled to deduct such shifts.
6.3.3. Selection of shifts off shall be by
rank and according to seniority within rank.
6.3.4. No more than one (1) officer and no
more than four (4) employees in any platoon shall be scheduled
off duty at anyone time.
6.3.5. The selection of shifts off shall be
made annually for the following calendar year not later than
December 31 of the immediately preceding calendar year.
6.3.6. Employees who are entitled to deduct
two (2) additional shifts off pursuant to subsection 6.2.2 shall
have the option to accept pay instead of time off at the
employee's salary schedule rate for such two (2) shifts, or to
be scheduled off duty for the additional two (2) shifts. This
option must be exercised simultaneously with the . selection of
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shifts off duty pursuant to section 6.
Warrants shall be issued during the month of
April to all e1igible Fire Department personnel who have
selected the option to accept pay instead of time off pur9uant
to this section. The amount each eligible person shall receive
shall be based on his monthly salary as of April 1st of ,the
current year. On April 1st of each year, the Fire Chief shall
submit to the City ClerklDirector of Finance a certified list of
Fire Department personnel who are eligible to receive the extra
weeks pay as authorized by this Section.
6. 3 . 7. The procedures and mechanics for the
scheduling of shifts off and the selection of scheduled shifts
off shall be established by the Fire Chief in accordance with
the provisions of Subsection 6.3.
6.4. Any employee who is terminated shall be paid
upon his termination for all unused shifts off to which he
became entitled on his immediately preceding anniversary date,
at his hourly rate of pay.
6.5. Any employee who is permanently transferred
out of the fire suppression service during an anniversary year
shall be paid for his unused shifts off to which he became
entitled on his immediately preceding anniversary date at his
hourly rate and shall become eligible for vacation benefits on
his next following anniversary date in accordance with City
ordinances, resolutions and policies applicable to the
classification in which he works.
6.6. Any employee with (1) or more years of
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continuous service who is transferred to fire suppression during
an anniversary year shall be entitled to a proportionate number
of shifts off to be scheduled during the remainder of his
current anniversary year, unless he has already received the
vacation benefits to which he became entitled on his immediately
preceding anniversary date in his prior classification.
6.7. All Fire Department personnel defined as
Safety Members by the Public Employees' Retirement System shall
be required to take an annual leave of absence from active duty
of not less than fifteen (15) consecutive days in accordance
with California Government Code Section 53250.
SECTION 7: That full-time miscellaneous employees, as
defined by the Public Employees' Retirement System, with the
exception of certain employees in the Water Department and Light
and Power Department, who presently receive four (4) weeks
vacation after ten (10) years of continuous service, who have
completed fifteen (15) years of continuous service, be granted
twenty (20) working days annual vacation leave with pay. Such
employees entitled to twenty (20) working days annual vacation
leave with pay may not take more than fifteen (15) working days
at anyone time. The only exception to the above policy is that
a Department Head may, for good reason, in his discretion,
authorize an eligible employee to take all twenty (20) working
days at the same time. It is the intention of the City Council
that the five (5) additional working days granted to eligible
employees be taken at some time other than the normal or regular
vacation period so that it will be unnecessary to employ
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additional personnel during vacation periods and that the
additional five (5) working days be taken any time during the
calendar year that is satisfactory to the Department Head.
That fu11-time misce11aneous employees, as defined by
the Public Employees' Retirement System, with the exception of
certain employees in the Water Department and Light and Power
Department, who presently receive four (4) weeks vacation after
ten (10) years of continuous service, who have completed twenty-
five (25) years of continuous service, be granted twenty-one
(21) working days annual vacation leave with pay. Such employees
entitled to twenty-one (21) working days annual vacation leave
with pay may not take more than sixteen (16) working days at any
one time. The only exception to the above policy is that a
Department Head may, for good reason, in his discretion,
authorize an eligible employee to take all twenty-one (21)
working days at the same time. It is the intention of the city
council that the five (5) additional working days granted to
eligible employees be taken at some time other than the normal
or regular vacation period so that it wi11 be unnecessary to
employ additional personnel during vacation periods and that the
additional five (5) working days be taken any time during the
calendar year that is satisfactory to the Department Head.
7 .1. That all permanent, full-time employees of
the Water Department and the Light and Power Department of the
City of Vernon, whose duties are such that they do not receive
the benefit of regular legal holidays, who have completed
fifteen (15) years or more of continuous service shall .be
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granted one-half of the employee's biweekly salary as of April
1st of the current year. On April 1st of each year, the Director
of Water and Power shall submit to the City Administrator/City
Clerk a certified list of Water Department and Light and Power
personnel who are eligible to receive the extra week's pay as
authorized by this section. Warrants shall be issued to all
eligible Water Department and Light and Power personnel during
the month of April of each year.
SECTION 8: That all permanent eight (8) hour personnel
of the Fire Department defined as Safety Members by the Public
Employees' Retirement system shall be entitled to ten (10)
working days vacation and shall be required to take fifteen (15)
consecutive days vacation in accordance wi th Government Code
section 53250 during the second year of said service and each
year thereafter at full pay.
Permanent eight (8) hour personnel of the Fire
Department defined as Safety Members by the Public Employees
Retirement System, who have completed fifteen (15) years of
continuous service, shall be granted twenty (20) working days
annual vacation leave with pay.
Permanent eight (8) hour personnel of the Fire
Department defined as Safety Members by the Public Employees
Retirement System, who have completed twenty-five (25) years of
continuous service, shall be granted twenty-one (21) working
days annual vacation leave with pay.
All conditions as outlined in section 7, relative to
employees entitled to twenty (20) and twenty-one (21) working
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days annual vacation leave with pay shall apply.
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SECTION 9 :
It is the intention of the City Council
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that the maximum vacation leave that any employee shall be
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entitled to in' any calendar year shall be four (4) weeks for
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those employees designated in section 5 and twenty-one (21)
working days for those employees designated in Sections 7 and 8.
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SECTION 10:
That all full-time employees of the
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Police, Water and Light and Power Departments
of the City of
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Vernon, whose duties are such that they do not receive the
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benefits of regular legal holidays shall be granted five (5) "in
lieu" holidays per fiscal year on July 1st of each year so long
as said employee is on the active payroll of the Department and
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said "in lieu" holiday must be taken prior to the immediately
following July 1st.
Such "in lieu" holidays may be taken as
days off on dates desired by the employee subj ect to the
convenience of the Department, or as assigned by the Department.
Such "in lieu" holidays, if not taken, shall not be paid for
except if the employee was denied an opportunity to take them
off during the year for which such "in lieu" holidays were
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granted.
In that case only, the employee shall be paid for said
"in lieu" holidays not taken with his first payroll check on or
after July 1st of the year following the year for which the "in
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lieu" holidays were granted, at his then basic rate, excluding
all other compensation,
computed in accordance with the
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applicable salary resolution of Vernon.
An employee who quits
or is terminated shall not be entitled to any compensation for
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" in 1 ieu" hol idays not taken.
"In lieu" holidays shall not be
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considered when determining the maximum amount of vacation
benefits granted to said employees.
SECTION 11: All vacation periods shall be warranted or
approved by the Administrative Head of each Department and shall
be taken by said employee or employees at any time during the
calendar year that is satisfactory to the Department Head.
SECTION 12: No vacation or other benefits provided for
herein for any employee of the City of Vernon shall be
accumulated from calendar year to calendar year, nor shall the
same be compensated for if not utilized during a calendar year.
Further, that all full-time employees of the City of
Vernon except Police Department classification represented by
the Vernon Police Officers' Benefit Association shall earn and
utilize their vacation benefits as provided for herein on an
anniversary-date basis during the first five (5) years.
Beginning in the sixth (6th) year, the vacation benefits shall
be earned and used on a calendar-year basis. Vacation benefits
shall be prorated during the year of transition between the
fifth (5th) year and the sixth (6th) year.
SECTION 13: All Department Heads are responsible to
see that they take vacation authorized herein, and that failure
to so schedule a vacation, or take the same, without the City
Council's approval, shall be deemed a waiver of the right to
take the same or be compensated for the same in any subsequent
calendar year.
SECTION 14: The following days shall be deemed to be
holidays for said City of vernon and the public offices of the
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City of Vernon shall be closed on these days:
(1) January 1st;
(2) February 12th, known as "Lincoln's Birthday";
(3) The third Monday in February;
(4) The last Monday in May;
(5) July 4th;
(6) The first Monday in September;
(7) September 9th, known as "Admission Day";
(8) The second Monday in October, known as "Columbus
Day";
(9) November 11th, known as "Veteran's Day";
(10) December 25th;
(11) Good Friday, from 12 noon to 4:30 p.m.;
(12) The day in November designated as "Thanksgiving
Day";
(13) The Friday after "Thanksgiving Day";
(14) Every day appointed by the President or Governor
for a public fast, thanksgiving, or holiday; and
(15) Such other other days as may be designated as
holidays by the city council of the city of
Vernon.
If January 1st, February 12th, July 4th, September 9th,
November 11th, or December 25th falls upon a Saturday, the
preceding Friday shall be deemed to be a holiday; or, if any of
said dates falls upon a Sunday, the following Monday shall be
deemed to be a holiday.
The general City offices shall be closed on each
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saturday and Sunday; provided, that as to any employee whose
regularly scheduled work shift includes either a Saturday or a
Sunday,
such shall not be deemed to be a holiday for any
purpose.
SECTION 15: Nothing contained herein shall modify
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No. 4677 (four-day work week) nor affect employees
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said program.
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SECTION 16: It was and the of the
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Council that all employees serve at the pleasure of the City
Council and nothing provided for herein shall be deemed to
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create a property right in said employee's employment.
SECTION 17: That this Resolution shall take effect as
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of July 1, 1989, and shall remain in full force and effect
unless repealed by action of the City Council of the City of
Vernon, and that Resolution Nos. 4668 and 4816 and 5017 are
specifically repealed, and all resolutions or minute orders in
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conflict with this resolution are hereby repealed.
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SECTION 18: The City Clerk of the City of Vernon shall
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certify to the passage of this resolution and thereupon and
thereafter the same shall be in full force and effect.
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APPROVED AND ADOPTED this 17th day of October, 1989.
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ATTEST:
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BRUCE V.
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MALKENHORST, City Clerk
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STATE OF CALIFORNIA )
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COUNTY OF LOS ANGELES)
I, BRUCE V. MALKENHORST, City Clerk of the City of
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Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 5645, was duly adopted by the city Council of the
City of Vernon at a regular meeting of the City Council duly
held on Tuesday, October 17. 1989 and thereafter duly signed by
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the Mayor of the City of Vernon.
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BRUCE V. MALKENHORST, city Clerk
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