Resolution No. 7009
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RESOLUTION NO. 7009
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION
OF A FOURTH 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)
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WHEREAS, the VPOBA and the MERR entered into a Memorandum
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of Understanding ("MOU") on March 1, 1988, for a term of four (4)
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years effective September 1, 1988 to August 31, 1992, which sets
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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
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March 15, 1988, pursuant to City Council Resolution No. 5489; and
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WHEREAS, the VPOBA and the MERR entered into a Side-
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Letter Agreement amending said MOU on January 19, 1992, which
among other things extended the MOU for a period of five (5) years
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from September 1, 1992 to August 31, 1997; and
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WHEREAS, the City Council of the City of Vernon approved
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said Side-Letter Agreement by Resolution No. 6001 on January 21,
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1992; and
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WHEREAS, the VPOBA and the MERR entered into a Second
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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
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WHEREAS, the City Council of the City of Vernon approved
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said Second Side-Letter Agreement by Resolution No. 6258 on
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October 5, 1993; and
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WHEREAS, the VPOBA and the MERR entered into a Third
Side-Letter Agreement amending said MOU on July 1, 1995; and
WHEREAS, the City council approved said Third Side-Letter
Agreement by Resolution No. 6656 on July 11, 1995; and
WHEREAS, members of the VPOBA, representing Employee
Group 2 and Bruce V. Malkenhorst, the MERR, have jointly
negotiated a Fourth Side-Letter Agreement which further modifies
the MOU.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
eITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon does
hereby find and determine that the recitals contained hereinabove
are true and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves and ratifies the Fourth Side-Letter Agreement by and
between the MERR and the VPOBA (Employee Group 2), a copy of which
has been presented to the City Council concurrently with this
resolution, and the City Council hereby orders said Fourth Side-
Letter Agreement to be received and filed by the City Clerk.
SECTION 3: The City Council of the City of Vernon hereby
authorizes Bruce V. Malkenhorst, the MERR to execute said Fourth
Side-Letter Agreement for, and on behalf of, the City of Vernon.
SECTION 4: The approval and ratification set forth
herein are subject to all the terms, covenants and conditions
contained in said Fourth Side-Letter Agreement.
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SECTION 5: The City Clerk of the City of Vernon shall
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3 thereafter the same shall be in full force and effect.
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ATTE~. T: .
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BRUCE V.
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APPROVED AND ADOPTED this 2nd day of September, 1997.
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MALKENHORST, city Clerk
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STATE OF CALIFORNIA )
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COUNTY OF LOS ANGELES )
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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. 7009, was duly adopted by the City Council of the
City of Vernon at a regular meeting of the City Council duly held
on Tuesday, September 2. 1997, and thereafter was duly signed by
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the Mayor Pro Tem of the City of Vernon.
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BRUCE V.
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SUPPORTING
DOCUMENTS
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1 FOURTH SIDE-LETTER AGREEMENT
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3 THIS FOURTH SIDE-LETTER AGREEMENT is entered into by and
4 between the Municipal Employee Relations Representative ("MERR") of
5 the City of Vernon and the Vernon Police Officers' Benefit
6 Association ("VPOBA") (Employee Group 2) amending the Memorandum of
7 Understanding (as amended by the Side-Letter Agreement effective
8 October 6, 1991, and as further amended by the Second Side-Letter
9 Agreement effective September 19, 1993, and as further amended by
10 the Third Side-Letter Agreement effective July 11, 1995) dated
11 March 1, 1988, to be effective September 1, 1997.
12 RECITALS
13 WHEREAS, the VPOBA and the MERR entered into a Memorandum of
14 Understanding (MOU) on March 1, 1988, for a term of four (4) years
15 effective September 1, 1988 to August 31, 1992, which set forth
16 certain terms and conditions for employment of police officers by
17 the City of Vernon; and
18 WHEREAS, the MOU was approved by the city eouncil on March 15,
19 1988, pursuant to City council Resolution No. 5489; and
20 WHEREAS, the VPOBA and the MERR entered into a Side- Letter
21 Agreement executed on January 19, 1992, amending said MOU effective
22 October 6, 1991, and
23 WHEREAS, the City council approved said Side-Letter Agreement
24 by Resolution No. 6001 on January 21, 1992; and
25 WHEREAS, the VPOBA and the MERR entered into a Second side-
26 Letter Agreement executed on October 12, 1993, further amending
27 said amended MOU effective September 19, 1993, and extending said
28 amended MOU to August 31, 2001; and
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1 2.4 The Vernon Group 2 employees shall receive a five
2 percent (5%) salary increase effective September 1, 1997.
3 On August 1 each year thereafter, the city will
4 determine the average of the top base salary (not including
5 any benefits) of the police department salaries for the
6 positions of police officer and sergeant of the five
7 surrounding cities of: City of Bell, city of Bell Gardens,
8 City of Huntington Park, City of Maywood, and eity of South
9 Gate (hereinafter "five cities"). The city will calculate the
10 average percentage difference between the average base salary
11 for said positions and the top step base salaries being paid
12 by City for the same positions. Then, effective September 1
13 of that year, the City will, whichever is higher: (i) increase
14 the Vernon Group 2 employee salaries by said average
15 percentage; or (ii) increase their salaries by an amount equal
16 to the cost of living increase received by the city
17 miscellaneous employees that year.
18 SECTION 3: sections 7.1.1, 7.1.2, 7.4A, and 7.4B of the MOU
19 pertaining to court attendance and "stand by," shall be amended to
20 read as follows:
21 7.1.1A Effective September 1, 1997, One Hundred
22 Dollars ($100.00) for an appearance which requires the
23 employee's presence in court for either a morning session or
24 afternoon session of court.
25 7.1.1B Effective September 1, 1998, One Hundred Twenty
26 Dollars ($120.00) for an appearance which requires the
27 employee's presence for either a morning session or afternoon
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1 7.1.2A Effective September 1, 1997, One Hundred Fifty
2 Dollars ($150.00) for an appearance which requires the
3 employee's presence for a full court day, which will consist
4 of both a morning and afternoon session of court, on the same
5 day.
6 7.1.2B Effective september 1, 1998, One Hundred
7 Seventy Five Dollars ($175.00) for an appearance which
8 requires the employee's presence for a full court day, which
9 will consist of both a morning and afternoon session of court,
10 on the same day.
11 7.4A An employee who is placed on standby status for a
12 half court day, which shall consist of either a morning
13 session or afternoon session of court, shall be paid Fifty
14 Dollars ($50.00).
15 7.4B An employee who is placed on standby status for a
16 full court day, which shall consist of an appearance at the
17 morning session and the afternoon session of court, on the
18 same day, shall be paid One Hundred Dollars ($100.00).
19 SECTION 4: section 7.5 of the MOU providing for a Cost of
20 Living Adjustment will be amended to read as follows:
21 7.5 The fees provided herein for court attendance and
22 "stand by" pay shall be adjusted yearly beginning on September
23 1, 1999 through September 1, 2004, to reflect the increase, if
24 any, in the cost of living by adding to such basic fee an
25 amount obtained by multiplying the fee by the percentage by
26 which the level of the Consumer Price Index for the Los
27 Angeles/Long beach Metropolitan Area, as reported for the last
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1 through June 30 of the prior fiscal year) by the Bureau of
2 Labor statistics of the united state Department of Labor, has
3 increased over its level as of July 1, 1999, and each
4 succeeding July 1 thereafter.
5 SECTION 5: section 24, pertaining to "Discipline Procedure"
6 shall be amended to read as follows:
7 24 24. Discipline Procedure:
8 The parties hereby recognize that the City council
9 of the City of Vernon, in Resolution No. 6811, section 1, at
10 p. 6, have declared, and have so stated in all salary
11 resolutions, their intention to reserve unto the City council,
12 complete and exclusive discretion to determine matters
13 relating to discharge, suspension or other matters of
14 discipline of all employees in conformance wi th its long
15 standing view and policy that all employees of the City of
16 Vernon serve at the will and pleasure of the city Council.
17 The parties also recognize that all employees of the City of
18 Vernon are at-will employees, and that the issue of property
19 rights is not subject to negotiation or the meet and confer
20 process established by Resolution No. 4027.
21 However, the parties recognize that the Public
22 Safety Officers Procedural Bill of Rights Act (the "Act")
23 (Government Code SS 3300, et. sea.) provides for the
24 administrative appeal of certain types of disciplinary
25 actions. The procedural details for implementing the
26 provisions of such administrative appeal shall be as follows:
27 (1) Any police officer who wishes to proceed
28 with an administrative appeal after a decision by the
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City Council regarding a disciplinary action, must make
a written request for the administrative appeal. The
written request must identify each of the issues which
said officer intends to address during the administrative
appeal and must be personally delivered to the office of
the city Administrator of the city of Vernon within ten
(10) working days after receiving written notice of the
City Council's decision imposing the subject discipline.
The parties agree that if such written request is not
submitted to the City Administrator's office in a timely
manner, said police officer shall have waived his or her
right to proceed with the administrative appeal;
(2) After receipt of the written request for
the administrative appeal, the city Administrator shall,
within forty (40) days, schedule the administrative
appeal for a closed session at a scheduled city council
meeting. The police officer shall have the right to have
the matter proceed in open session, but must made the
city Council aware of this choice before the appeal
begins. The city Administrator shall provide the police
officer with at least ten (10) days notice of the
scheduled City Council meeting when the administrative
appeal will be heard;
(3) The City Council shall conduct the
administrative appeal, and shall consider and receive
such evidence as it deems appropriate;
(4) Said police officer shall not have the
right to subpoena witnesses or cross-examine any
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witnesses, but shall be permitted to submit written
documents and oral testimony;
(5) The City Council's decision will be
provided in a written format which will be given to the
police officer after the decision is made. The decision
of the City Council shall be final and shall be binding
on the parties.
The parties agree that the administrative
appeal provided for under this article shall not create
a vested property right in said police officer's job in
any manner whatsoever, or in any manner obviate the terms
and conditions of such police officer's individual
employment contract with the city. The parties further
agree that nothing contained in this Memorandum of
Understanding ("MOU") is intended to either expressly, or
by implication, supersede the presumption of at-will
employment created by Labor Code section 2922. The
parties further agree that nothing in this article, or in
any other portion of the MOU, provides the police officer
with any property rights, and that the police officer
waives his or her right to assert or enjoy any such
property right.
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1 IN WITNESS WHEREOF, the parties hereto have caused these
2 present to be duly and properly executed on the day and year
3 hereinafter written.
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5 VERNON POLICE OFFICERS' BENEFIT ASSOCIATION
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DATED:
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BY AO~ ~~
Daniel Calleros, Secretary
DATED:
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CITY REPRESENTATIVE OF THE CITY OF VERNON
A Municipal corpor~~
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BY DATED:
BRUCE V. MALKENHORST
Municipal Employee Relations
Representative (MERR)
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APPROVED AS TO FORK:
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