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Resolution No. 6656 of' ~ t .r r f 1 RESOLUTION NO. 6656 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A THIRD 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) 4 5 6 7 WHEREAS, the VPOBA an the MERR entered into a Memorandum 8 of Understanding (MOU) on March 1, 1988, for a term of four (4) 9 years effective september 1, 1988 to August 31, 1992, which sets forth'certain terms and conditions for employment of police 10 11 officers by the City of Vernon; and 12 WHEREAS, the MOU was approved by the city council on 13 March 15, 1988, pursuant to City Council Resolution No. 5489; and 14 WHEREAS, the VPOBA and the MERR entered into a side- 15 Letter Agreement amending said MOU on January 19, 1992, which 16 among other things extended the MOU for a period of five (5) years 17 from september 1, 1992 to August 31, 1997; and 18 WHEREAS, the City council of the city of Vernon approved 19 said Side-Letter Agreement by Resolution No. 6001 oD January 21, 20 21 1992; and WHEREAS, the VPOBA and the MERR entered into a Second 22 Side-Letter Agreement amending said MOU on september 19, 1993, 23 which among other things extended the MOU for a period of four (4) 24 years to August 31, 2001; and 25 WHEREAS, the City Council of the city of Vernon approved 26 said Second Side-Letter Agreement by Resolution No. 6258 on 27 October 5, 1993; and 28 o. .,.. . , .' J 1 WHEREAS, members of the VPOBA representing Employee Group 2 and Bruce V. Malkenhorst, the MERR have jointly negotiated a Third Side-Letter Agreement which further modifies the MOU. 2 3 4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 5 CITY OF VERNON AS FOLLOWS: 6 SECTION 1: The City council of the City of Vernon does 7 hereby find and determine that the recitals contained hereinabove 8 are true and correct. 9 SECTION 2: The City council of the city of Vernon hereby 10 approves and ratifies the Third side-Letter Agreement by and 11 between the MERR and the VPOBA (Employee Group 2), a copy of which 12 has been presented to the City council concurrently with this 13 resolution, and the city Council hereby orders said Third Side- 14 Letter Agreement to be received and filed by the city Clerk. 15 SECTION 3: The City council of the city of Vernon hereby 16 authorizes Bruce V. Malkenhorst, the MERR, to execute said Third 17 Side-Letter Agreement for, and on behalf of, the city of Vernon. 18 SECTION 4: The approval and ratification set forth 19 herein are subject to all the terms, covenants and conditions 20 contained in said Third Side-Letter Agreement. 21 SECTION 5: The city Clerk of the City of Vernon shall 22 certify to the passage of this resolution and thereupon and 23 thereafter the same shall be in full force and effect. 25 26 APPROVED AND ADOPTED this 11th day of July, 1995. __~~-:~~J · 24 27 ATTA--- ~.. 28 BRUCE V. MALKENHORST, Clerk -2- ~/ j . 'It , . . , . . . 1 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) 2 3 4 I, BRUCE V. MALKENHORST, city Clerk of the city of 5 Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 6656, was duly adopted by the city Council of the 6 7 City of Vernon at an adjourned regular meeting of the City Council 8 duly held on Tuesday, Julv 11, 1995, and thereafter was duly signed by the Mayor of the City of Vernon. rLA' 9 10 11 12 (SEAL) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- .. .. 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 EXECUTION COPY THIRD SIDE-LETTERAGREEMENT THIS THIRD SIDE-LETTER AGREEMENT is entered into 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) amending the Memorandum of Understanding (as amended by the Side-Letter Agreement effective October 6, 1991, and as further amended by the Second Side-Letter Agreement effective September 19, 1993) dated March 1, 1988, to be effective July 1, 1995. RECITALS: WHEREAS, the VPOBA and the MERR entered into a Memorandum of Understanding (MOU) on March I, 1988, for a term of four (4) years effective September 1, 1988 to August 31, 1992, which set forth certain terms and conditions for employment of police officers by the City of Vernon; and WHEREAS, the MOU was approved by the city council on March 15, 1988, pursuant to City Council Resolution No. 5489; and WHEREAS, the VPOBA and the MERR entered into a Side- Letter Agreement executed on January 19, 1992, amending said MOD effective October 6, 1991, and WHEREAS, the City Council approved said side-Letter Agreement by Resolution No. 6001 on January 21, 1992; and WHEREAS, the VPOBA and the MERR entered into a Second Side-Letter Agreement executed on October 12, 1993, further amending said amended MOU effective September 19, 1993, which extended said amended MOU to August 31, 2001; and ~~~::~~~~~~~::~:~:::t~~~l~~:;;~:~::.=::::;::':~:~'~::t~:~E=t.t~.t:~.~~':::.,. ,..~~~,.,:;;~ ,-. ~, ... .. . K_",~,-,'~;":~~);~~.~.~t~~~~~~t:~\~::~~::;::~~:\.~;;:;~~ 1 2 3 4 5 6 7 8 9 WHEREAS, the city council approved said Second Side- Letter .Agreement by Resolution No. 6258 on October 5.,<.1993; and WHEREAS, the City 'Council of the CityofVE?rnon approved Resolution No. 6567 on December 20, 1994, providing for tuition reimbursement (educational assistance program) for miscellaneouslgeneral employees; and WHEREAS, the VPOBA and the MERR desire to enter into a Third Side-Letter Agreement to further amend and extend the amended MOU as follows: Detective pay increase; Uniform allowances increase; "In lieu" holiday effective July 1, 1995; Discretionary tuition reimbursement established; Modified longevity program effective July 1, 1995; Field Training Officer pay increase; IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN STATED, the parties agree as set forth herein. SECTION 1: The MOU dated March 1, 1988, as amended by the Side-Letter Agreement executed on January 19, 1992, and the Second Side-Letter Agreement executed on October 12, 1993, shall remain in full force and effect unless further amended herein. Further, this Amendment shall be effective July 1, 1995, except that Sections 2.6, 10.1, 20 and 30 herein shall be effective September 1, 1995. SECTION 2: Section 2.6 of the MOU pertaining to Premium Pay for Detective Assignments shall be amended effective September 1, 1995, and shall read as follows: 10 ( 1) 11 (2) 12 (3) 13 (4) 14 (5) 15 (6) 16 17 18 19 20 21 22 23 24 25 26 27 28 1// -2- " .. .' . -2 .;; 1 2.6 Premium Pay for Detective Assignments: In the event a Police Officer<oraDetective 3 Sergeant is assigned to the detective division, 4 helshe shall receive premium pay equal to One 5 Hundred Seventy-Five Dollars ($175.00) per month 6 and the premium pay shall not be considered to be 7 part of the employee's base monthly salary when 8 computing peace officers standards and training 9 certificate incentives. However, only one (1) 10 11 Detective Sergeant, whose duties are to investigate criminal activity, shall be eligible 12 for said one Hundred Seventy-Five Dollars 13 ($175.00) premium pay. 14 SECTION 3: section 10.1 of the MOD pertaining to Uniform 15 16 and clothing Al~owance shall be amended effective September 1, 1995, and shall read as follows: 17 Vernon will pay to each employee in the 10.1 ],.8 19 classification represented by the Police Association in Group 2, who has completed hislher 20 first year of service and who is on the active 21 payroll of the Vernon police Department and is 22 assigned to Uniform Patrol, six Hundred Twenty- 23 Five Dollars ($625) per fiscal year for the 24 purchase of uniforms and related equipment. 25 Employees assigned to non-uniform positions shall 26 receive Three Hundred Fifty Dollars ($350) per 27 fiscal year for clothing allowance. 28 11/ -3- . ., 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ; SECTION 4: section 13.3, pertaining to "In Lieu" Holidays, shall be added to the>MOUeffectiveJuly l,1.995,and expiring on August 31, 2001, and shall read as follows: 13.3 Employees in the classification :represented by the Police Association in Group 2 shall receive during the fiscal year, effective July I, 1995, and expiring on August 31, 2001, one additional "in lieu" holiday if the city council, during such fiscal year, provides an additional holiday to miscellaneous/general employees in addition to those holidays provided for in Resolution No. 5645, Vacation and Holidays. Further, pursuant to Section 5 of the Side-Letter Agreement and Section 9 of the Second side-Letter Agreement, the additional "in lieu" holiday will be converted to ten (10) hours of additional "in lieu" holiday hours for a n~w tot~l of ninety (90) hours for the fiscal year. SECTION 5: Section 17.1, pertaining to longevity, shall be added to the MOU effective July 1, 1995, and shall read as follows: 22 III 23 III 24 III 25 III 26 11/ 27 11/ 28 1/1 -4- "~tt~~~~~~~i~:~~i;~~~~~~i'~:,'~::~~~;.::~.~~)",,~,,:~~.~~~~~~~tt:~~~~:;~:;::::::::t~~;~:~t~:;ll:;~:;~~~~:~~~;~,~i"-'~<i:i~~;~~:~~~=:;,'.':;t:~t,~;~;~~?,?2;~',?,\~~?:.',~'~'.:i~;2~~~;;,'; , ,I . 1 17.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ; LONGEVITY PROGRAM FOR EMPLOYEES EMPLOYED ON OR AFTER JULY 1 1995. -"'\.", (a) Seven (7) Years of Service. All employees classified in Group-2 who are employed on or after July 1, 1995, who attain seven (7) years of consecutive uninterrupted service shall receive an additional five percent (5%) per month bf their base salary. Such employees upon reaching their 7th anniversary date shall be entitled to receive said five percent (5%) per month upon said anniversary date. Further, such employees will not be entitled to receive any additional percentage increase to their base salary for further service. This subsection shall only apply to all SECTION 6: Section 20 of the MOU pertaining to Field employees hired on or after July 1, 1995. 17 18 Training Officers shall be amended effective September 1, 1995, and shall read as follows:, 19 20. 20 21 22 23 24 25 26 27 28 Field Training Officers Police Officers assigned by the Chief of police, or his designee, as Field Training Officers shall receive a deferential of five percent (5%) of their base salary for the period so 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, -5- ~~t)L:~tf:,t~;:=::;,.:t~~~~~:t'~:Z,':~"1~~Eilit~:!;::,,~~~:~~~:~;:,':,~~~t:i~~~:t:~':;~:;::::.~;,'::'::,:',:~;:'t~=::':'::!lJi'fr:,\,:;::=-:.;:\;:;:;:;\;;;;~,;',;\~;:~:\:\::';;:~,;';,~,::;~':2,;'";,: ,-# . " 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 qualifications, 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 (Articl~ 23) . SECTION 7: section 30, pertaining to discretionary tuit~on reimbursement, shall be added to the MOU effective September 1, 1995, and shall read as follows: 30. Tuition Reimbursement. All employees in the classification represented by the Police Association in Group 2 shall be entitled to receive at the city Council'S sole discretion the same benefit under the educational assistance program as is provided for ~iscellaneous city employees of $1,500 per fiscal year per employee for tuition, fees and textbooks for jOb-related courses at State universities and colleges upon said employee's completion of their one year probationary period. The receipt by one employee of such reimbursement is not to be considered a precedent and shall not require the approval by the city council of a different employee's request for similar reimbursement. //1 11/ /11 III III -6- "'~'~'~~~"~~~~h~}~\'\!a~m~~d.~"~'\""'-'\-\'''' '~-"";""~"\"J" -~,,,,)-..,,,-,; ,',', "." '- '.',-'.," ',. . , ' . ",' ,., , ',-,' ." , .. . , ,', , . w)" e.. ~ ~~~ __.;' ',,'.', ,~,,~\~t).~l-blli~~hbb~J.1'0\1~i'd.ti.\"'\~H~ili:~~_~;lS'h~:~b~h~H~tm.~~'4S~S~~,~)3),~k";-"W)'\')'\;\";"~'Aili:"v~~\~\~\SS;:~_;).\~~~\~.~~_~;:~;..;~..h);";'~)<.i~~4~.\.W~\~~;'~).::0)j~~0.;A;'.s.::~Q.~W;;"'';';'~;'}~<J~:;<- ,;.\;<,~",;, \:.\: _',i::..,;.,;,.;; ~. .;- 4 .' . .. 1 IN WITNESS WHEREOF, the parties hereto have caused these 2 presen1::t().b~duly.andproperlY executed on thedflY..;,andyea):' ,'0';'"._"'.-"-,:-,,:,,, 3 hereinafter written. 4 5 VERNON POLICE OFFICERS' BENEFIT ASSOCIATION 6 BY ~-PA _ ~L:/ DATED .JULY 10, /<;r9.;- 7 Ja. s Rodino, President ~iJ~ ~~ BY DATED JZr L '--; /0/ ) c:; ;;: S- a Daniel Calleros, Secretary TITLE 9 10 CITY REPRESENTATIVE OF THE CITY OF A ~uniCiPa~on BY 4 ,~ ::? BRUCE V. MALKENHORST Municipal Employee Relations Representative (MERR) VERNON 11 ~~/ /qS- , " DATED 12 13 14 APPROVED AS TO FORM: D~ \), ~A ~b/ DAVID B. BREARL Y, cit Attorney 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -7-