Resolution No. 6001
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RESOLUTION NO. 6001
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VERNON APPROVING AND RATIFYING THE
EXECUTION OF A SIDE- LETTER AGREEMENT BY
AND BETWEEN THE MUNICIPAL EMPLOYEE
RELATIONS REPRESENTATIVE ("MERR") OF THE
CITY OF VERNON AND THE VERNON POLICE
OFFICERS' BENEFIT ASSOCIATION ("VPOBA")
(EMPLOYEE GROUP 2) PROVIDING FOR THE
IMPLEMENTATION OF AN EXPERIMENTAL 4/10
PLAN AND EXTENDING THE MEMORANDUM OF'
UNDERSTANDING ("MOU") FOR FIVE YEARS
WHEREAS, the city of Vernon has entered into a
Memorandum of Understanding (MOU) with the members of the Vernon
Police Officers' Benefit Association (VPOBA) which expires on
August 31, 1992; and
WHEREAS, members of the VPOBA representing Employee
Group 2 and Bruce V. Malkenhorst, the Municipal Employee
Relations Representative (MERR) of the City of Vernon, have
jointly negotiated a Side-Letter Agreement by and between the
Municipal Employee Relations Representative (MERR) and the
Vernon Police Officers' Benefit Association (VPOBA) (Employee
Group 2) providing for the extension of said MOU for a period of
five years from September 1, 1992 to August 31, 1997 and for the
implementation of an experimental four day week at ten hours per
day (4 110 Plan) for Police Officers in Employee Group 2
effective October 6, 1991; and
WHEREAS, the City may, at its sole discretion, end said
4/10 Plan at any time and the termination of such 4/10 Plan is
not subject to the grievance process or any other administrative
review except that, upon such termination, the Side-Letter
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Agreement will also terminate and the original terms of the MOU
will be reinstated; and
WHEREAS, said 4/10 Plan is not a vested right in any
manner, and the determination of such Plan is not subject to the
meet and confer process or meet and consult process; and
WHEREAS, the implementation of the 4/10 Plan does not
create any additional overtime obligation for the City under the
Fair Labor Standards Act.
WHEREAS, the implementation of said 4/10 Plan will
result in an adjustment of bereavement leave from twenty-four
hours (three eight-hour days) to thirty hours (three ten-hour
days) for Employee Group 2; and
WHEREAS, the implementation of said 4/10 Plan will
result in certain understandings regarding absences due to
sickness or injury, which understandings will not change the
existing provisions regarding paYment of wages for absences and
the requirement that pay for such absences requires
certification by the Department Head and approval by the City
Council; and
WHEREAS, the City Council of the City of Vernon by
minute order on October 1, 1991, authorized the MERR to execute
such a proposed agreement extending the MOU for five years and
implementing an experimental 4/10 Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VERNON AS FOLLOWS:
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SECTION 1: The City council of the City of Vernon
2 hereby finds and determines that the recitals contained
3 hereinabove are true and correct.
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SECTION 2:
The City Council of the City of Vernon
5 hereby approves and ratifies for a period not to exceed five (5)
6 years the execution of the Side-Letter Agreement by and between
7 the Municipal Employee Relations Representative (MERR) and the
8 Vernon Police Officers' Benefit Association (VPOBA) (Employee
9 Group 2), a copy of which has been presented to the City Council
10 concurrently with this resolution.
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SECTION 3: The City Council hereby orders said Side-
12 Letter Agreement to be received and filed by the City Clerk.
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SECTION 4 :
The approval and ratification set forth
14 herein are subject to all the terms, covenants and conditions
15 contained in said Side-Letter Agreement.
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SECTION 5: The City Clerk of the City of Vernon shall
17 certify to the passage of this resolution and thereupon and
18 thereafter the same shall be in full force and effect.
19 APPROVED AND ADOPTED this 21st day of January, 1992.
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BRUCE V. MALKENHORST, city Clerk
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. .~;JA ,. ., i7' '6 I
~. . ~ONIS C. MALB G, ~or
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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. 6001, was duly adopted by the City Council of the
6 City of Vernon at a regular meeting of the City Council duly
7 held on Tuesday, January 21, 1992, and thereafter was duly
8 signed by the Mayor of the City of Vernon.
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11 BRUCE V.
12 (SEAL)
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SIDE-LETTER AGREEMENT
THIS SIDE-LETTER AGREEMENT is entered into by and
between the Municipal Employee Relations.Representative (lfMERRIf)
of the city of Vernon and the Vernon police Officers I Benefit
Association ("'VPOBAIf) (Employee Group 2) effective October 6,
1991.
RECITALS:
WHEREAS, the VPOBA and the MERR entered into a
Memorandum of Understanding (MOU) on March 1, 1988, for a term
of four (4) years effective september 1, 1988, to August 31,
1992, which sets forth certain terms and conditions for
employment of police officers by the city of Vernon; ~nd
WHEREAS, the MOU was approved by the city council on
March 15, 1988, pursuant to City Council Resolution No. 5489.
IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN
STATED, the parties agree as set forth herein.
SECTION 1: The city agrees to implement an
experimental four (4) day week at ten (10) hours per day ("4/10
Plan") for the police officers in VPOBA Employee Group 2.
SECTION 2: Upon completion of one (1) year after
implementation of the 4/10 Plan, a determination will be made by
the City regarding the continued use of this work schedule. In
the event that the City at that time determines that the 4/10
Plan will no longer be implemented, this Side-Letter Agreement
will no longer be binding.
SECTION 3: The VPOBA agrees that the city may, at
its sole discretion and at any time, end the 4/10 Plan. The
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termination of the 4/10 Plan is not subject to the grievance
process or any other administrative review. The VPOBA agrees
that the 4/10 Plan will not be a vested right in any manner, and
that the determination of such Plan is not subject to the meet
and confer process or meet and consult process.
The VPOBA further agrees.' that the implementation of
the 4/10 Plan will not create any additional overtime obligation
for the City under the Fair Labor standards Act and that the
City may adjust an officer's work periods as necessary to avoid
an overtime obligation so that an officer's forty (40) hours of
scheduled work will not overlap into another work period.
If the City, at it's sole discretion, determines this
4/10 Plan will be terminated prior to the completion of the
aforementioned one (1) year period, this Side-Letter Agreement
will no longer be binding.
SECTION 4: If the 4/10 Plan is terminated pursuant
to Sections 2 or 3 above, all working conditions affected by
this Side-Letter Agreement will be in accordance with the MOUi
provided that if the 4/10 Plan is terminated after June 1, 1992,
said MOU shall remain in effect for a minimum of ninety (90)
days thereafter and the MOU termination date of August 31, 1992,
will be extended until the end of said ninety (90) day period.
SECTION 5: The parties agree that Vacation and "In-
lieu" Holiday time for VPOBA Employee Group 2 will be converted
to "hours" due to the change from an eight (8) hour work day to
a ten (10) hour work day. "In-lieu" Holiday time will be 80
hours per fiscal year. Vacation time will be 120 hours after
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1 the first year of service and 160 hours after ten (10) years of
2 service. When Vacation days and "In-lieu" holidays are used,
3 the employee shall be charged in ten (10) hour increments.
4 SECTION 6: Bereavement le,ave with pay will be
5 permitted, subject to department head approval, for up to thirty
6 (30) hours in the event of the death of a member of an
7 employee's immediate family. All bereavement leave will be
8 subject to the sole discretion of the City Council.
9 SECTION 7: The parties agree that the current
10 Memorandum of Understanding between VPOBA and the city of Vernon
11 shall be extended for a period of five (5) years from september
12 1, 1992 to August 31, 1997. since this extension will become
13 effective upon the expiration of the current MOU on August 31,
14 1992,VPOBA acknowledges that it will not be able to formally
15 negotiate with the city until september 1, 1997, subj.ect to
16 ninety (90) days written notice by the VPOBA.
17 SECTION 8: The parties agree that the current
18 policy on absences will not be changed, that pay for any absence
19 must first be certified by the Department Head and then must be
20 approved by the City Council, and that such approval is in the
21 city Council'S sole discretion.
22 (a) An employee of the police department will not be
23 placed on .the excessive absence list until such
24 employee has incurred at least four (4) days of
25 absence due to sickness andlor injury. The
26 Department Head may reauire the employee to obtain a
27 doctor's note before coming back to work in order to
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be certified by the Department Head for any days of
absence for sickness or injury, and the employee
shall be required to obtain such a note for any such
absence in excess of four (4) .days.
(b) Absence due to sickness or injury shall cover
the duration of time when an employee is legitimately
sick or injured and such absences have been certified
by the Department Head and approved by the city
Council. The City council also may, at its
discretion, withhold pay for any absence due to
sickness or injury when the employee is on the
excessive absence list and is suspected of abusing
the City'S policy.
(c) Any new employee hired after the date of
ratification for this agreement will not be eligible
for paid absences due to sickness or injury until
after one full year of employment. After one year of
service, such employee shall be eligible to have his
or her absences certified for payment of wages py the
Department Head and approved by the city council when
such absences are due to sickness or injury.
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IN WITNESS WHEREOF, the parties hereto have caused
2 these presents to be duly and properly executed on the day and
3 year hereinafter written.
4 VERNON POLICE OFFICERS' BENEFIT ASSOCIATION
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BY t: f. R.J..:,I
TITL PRE5I.Dewr
DATED 1- 12. - q :J..
BY
A~.~
DATED
TITLE
S~&lg7A"tc-y
CITY REPRESENTATIVE OF THE CITY OF VERNON
I Jz. A- z.-
AHuniCiP~,~~~~~~ _
BY P fr~~
BRUCE V. MALKENHORST
Municipal Employee Relations Representative (MERR)
DATED
APPROVED AS TO FORM:
\)~~. ~.~
DAVID.B. BREARLEY
City Attorney
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SIDE-LETTER AGREEMENT
2
3 THIS SIDE-LETTER AGREEMENT is entered into by and
4 between the Municipal Employee Relations Representative ("MERR")
5 of the City of Vernon and the Vernon Police Officers' Benefit
6 Association ("VPOBA") (Employee Group 2) effective October 6,
7 1991.
8 RECITALS:
9 WHEREAS , the VPOBA and the MERR entered into a
10 Memorandum of Understanding (MOU) on March 1, 1988, for a term
11 of four (4) years effective September 1, 1988, to August 31,
12 1992 , which sets forth certain terms and conditions for
13 employment of police officers by the City of Vernon; and
14 WHEREAS, the MOU was approved by the City Council on
15 March 15, 1988, pursuant to City Council Resolution No. 5489 .
16 IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN
17 STATED, the parties agree as set forth herein.
18 SECTION 1 : The City agrees to implement an
19 experimental four (4) day week at ten (10) hours per day ("4/10
20 Plan") for the police officers in VPOBA Employee Group 2 .
21 SECTION 2 : Upon completion of one ( 1) year after
22 implementation of the 4/10 Plan, a determination will be made by
23 the City regarding the continued use of this work schedule. In
24 the event that the City at that time determines that the 4/10
25 Plan will no longer be implemented, this Side-Letter Agreement
26 will no longer be binding.
27 SECTION 3 : The VPOBA agrees that the City may, at
28 its sole discretion and at any time, end the 4/10 Plan. The
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termination of the 4/10 Plan is not subject to the grievance
2
process or any other administrative review. The VPOBA agrees
3 that the 4/10 Plan will not be a vested right in any manner, and
4 that the determination of such Plan is not subject to the meet
5 and confer process or meet and consult process.
6 The VPOBA further agrees that the implementation of
7 the 4/10 Plan will not create any additional overtime obligation
8 for the City under the Fair Labor Standards Act and that the
City may adjust an officer's work periods as necessary to avoid
10 an overtime obligation so that an officer's forty (40) hours of
11 scheduled work will not overlap into another work period.
12 If the City, at it's sole discretion, determines this
13 4/10 Plan will be terminated prior to the completion of the
14 aforementioned one (1) year period, this Side-Letter Agreement
15 will no longer be binding.
16 SECTION 4 : If the 4/10 Plan is terminated pursuant
17 to Sections 2 or 3 above, all working conditions affected by
18 this Side-Letter Agreement will be in accordance with the MOU;
19 provided that if the 4/10 Plan is terminated after June 1, 1992,
20 said MOU shall remain in effect for a minimum of ninety (90)
21 days thereafter and the MOU termination date of August 31, 1992,
22 will be extended until the end of said ninety (90) day period.
23 SECTION 5: The parties agree that Vacation and "In-
24 lieu" Holiday time for VPOBA Employee Group 2 will be converted
25 to "hours" due to the change from an eight (8) hour work day to
26 a ten (10) hour work day. "In-lieu" Holiday time will be 80
27 hours per fiscal year. Vacation time will be 120 hours after
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1 the first year of service and 160 hours after ten (10) years of
2 service. When Vacation days and "In-lieu" holidays are used,
3 the employee shall be charged in ten (10) hour increments.
4 SECTION 6 : Bereavement leave with pay will be
5 permitted, subject to department head approval, for up to thirty
6 (30) hours in the event of the death of a member of an
7 employee' s immediate family. All bereavement leave will be
8 subject to the sole discretion of the City Council.
9 SECTION 7 : The parties agree that the current
10 Memorandum of Understanding between VPOBA and the City of Vernon
11 shall be extended for a period of five (5) years from September
12 1, 1992 to August 31, 1997 . Since this extension will become
13 effective upon the expiration of the current MOU on August 31,
14 1992 , VPOBA acknowledges that it will not be able to formally
15 negotiate with the City until September 1 , 1997 , subject to
16 ninety (90) days written notice by the VPOBA.
17 SECTION 8 : The parties agree that the current
18 policy on absences will not be changed, that pay for any absence
19 must first be certified by the Department Head and then must be
20 approved by the City Council, and that such approval is in the
21 City Council's sole discretion.
22 (a) An employee of the police department will not be
23 placed on the excessive absence list until such
24 employee has incurred at least four (4) days of
25 absence due to sickness and/ or injury . The
26 Department Head may require the employee to obtain a
27 doctor's note before coming back to work in order to
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1 be certified by the Department Head for any days of
2 absence for sickness or injury, and the employee
3 shall be required to obtain such a note for any such
4 absence in excess of four (4) days.
5 (b) Absence due to sickness or injury shall cover
6 the duration of time when an employee is legitimately
7 sick or injured and such absences have been certified
8 by the Department Head and approved by the City
9 Council . The City Council also may, at its
10 discretion, withhold pay for any absence due to
11 sickness or injury when the employee is on the
12 excessive absence list and is suspected of abusing
13 the City's policy.
14 (c) Any new employee hired after the date of
15 ratification for this agreement will not be eligible
16 for paid absences due to sickness or injury until
17 after one full year of employment. After one year of
18 service, such employee shall be eligible to have his
19 or her absences certified for payment of wages by the
20 Department Head and approved by the City Council when
21 such absences are due to sickness or injury.
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1 IN WITNESS WHEREOF, the parties hereto have caused
2 these presents to be duly and properly executed on the day and
3 year hereinafter written.
4 VERNON POLICE OFFICERS' BENEFIT ASSOCIATION
5 BY DATED /- 12.-92.
6 TITL PRESIDENT
7 ,J�Dir+�,� d--e DATED i/ZA Z
BY
8
TITLE Jet,way
8
10 CITY REPRESENTATIVE OF THE CITY OF VERNON
11 A Municipal Corrporaatt' n
12 BY _ -- / iG �,, DATED 1 / fly Z---
13 BRUCE V. MALKENHORST
Municipal Employee Relations Representative (MERR)
14
15 APPROVED AS TO FORM:
16 c) ,1
DAVID B. BREARLEY
17 City Attorney
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