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Resolution No. 76491 RESOLUTION NO. 7649 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 VERNON ESTABLISHING VACATION POLICIES, HOLIDAYS AND "IN LIEU" HOLIDAYS FOR EMPLOYEES OF THE CITY OF 4 VERNON AND REPEALING ALL RESOLUTIONS IN CONFLICT 5 THEREWITH 6 WHEREAS, the City Council of the City of Vernon adopted 7 Resolution No. 5645 on October 17, 1989, as amended by Resolution No. 8 6124 adopted on June 30, 1992, and Resolution No. 7359 adopted on June 9 29, 1999, -which established the vacation policies, holidays and "in 10 lieu" holidays for employees of the City of Vernon; and 11 WHEREAS, the City Council of the City of Vernon adopted 12 Resolution No. 5641 on June 27, 1989, which, among other things, 13 established a four (4) day work week for certain City employees; and 14 WHEREAS, the City Council of the City of Vernon desires to 15 amend Resolution No. 5645 in order to amend and clarify its policies 16 governing vacations, holidays and "in lieu" holidays in a manner that 17 will be fair and equitable to all City employees; and 18 WHEREAS, the working schedules of various employees of the 19 City departments are not the same. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF.THE CITY 21 OF VERNON AS FOLLOWS: 22 SECTION 1: The City Council of the City of Vernon hereby 23 finds and determines that the recitals contained hereinabove are true 24 and correct. 25 VACATION BENEFITS 26 SECTION 2: Utilities Department - Rotating Shifts 27 The vacation benefits for certain eligible, regular, full- 28 time employees of the Utilities Department of the City of Vernon, who 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 work rotating shifts and whose duties are such that they do not have or receive the time -off benefits of regular legal holidays, are provided in Schedule."A" which is attached hereto and incorporated herein by Ireference. SECTION 3: Police and Utilities Departments - Five Day Work Week The vacation benefits for all eligible, regular, full-time employees in the Police Department and Utilities Department of the City of Vernon who work an eight (8) hour day, five (5) day work week are provided for in Schedule "B" which is attached hereto and incorporated herein by reference. In order to avoid the necessity of employing additional personnel during vacation periods, such employees may not take more than fifteen (15) working days at any one time. The only exception to this policy is that a Department Head may, for good reason, in his or her discretion, authorize an eligible employee to take all of his or her vacation time at the same time. SECTION 4: Employees Working a Four Day Work Week The vacation benefits for all eligible, regular, full-time employees who work a four (4) day work week in accordance with Section 11 of Resolution No. 5641, as well.as those additional employees that are identified herein, which includes miscellaneous administration, general maintenance employees, sworn fire management, miscellaneous fire administration, sworn police management (not including the Chief of Police) and Group 2 employees of the Police Department are provided for in Schedule "C" which is attached hereto and incorporated herein by Ireference. sw� 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 In order to avoid the necessity of employing additional personnel during vacation periods, such employees may not take more than twelve (12) working days at any one time. The only exception to the above policy is that a Department Head may, for good reason, in his or her discretion, authorize an eligible employee to take all of his or her Ivacation time at the same time. SECTION 5: police Department - Nine Day Eighty Hour Work Schedule -The vacation benefits for all eligible, regular, full-time miscellaneous employees in the Police Department of the City of Vernon who work a nine (9) day, eighty (80) hour work schedule are provided for in Schedule "D" which is attached hereto and incorporated herein by Ireference. In order to avoid the necessity of employing additional personnel during vacation periods, such employees may not take more than fourteen (14) working days at any one time. The only exception to the above policy is that a Department Head may, for good reason, in his or her discretion, authorize an eligible employee to take all of his or her vacation time at the same time. SECTION 6: Fire Department - Shifts 6.1. Fire Department employees engaged in fire suppression shall be annually scheduled to work one hundred twenty-two (122), twenty-four (24) hour shifts. Said one hundred twenty-two (122) shifts shall constitute the gross shifts to be scheduled. 6.2. Said Fire Department employees shall annually receive shifts off, in lieu of paid vacations and holidays, as set forth in Schedule "E" which is attached hereto and incorporated herein by [reference. 3 - i 1 6.3. The shifts which employees are entitled to deduct 2 pursuant to Schedule "E" shall be scheduled as shifts off on a year- 3 around basis., subject to the following provisions: 4 6.3.1. The procedures and mechanics for the scheduling 5 of shifts off and the selection of scheduled shifts off shall 6 be established by the Fire Chief in accordance with the provisions of 7 this Subsection and/or the Fire Department's Rules and Regulations. 8 6.3.2. Selection of shifts off shall be by rank and 9 according to seniority within rank. 10 6.3.3. No more than six (6) personnel in any platoon 11 shall be scheduled off duty at any one time. 12 6.3.4. Employees who have completed ten (10) or more 13 years of service and are entitled to deduct two (2) additional shifts 14 off pursuant to Schedule "E," shall have the option to accept pay 15 instead of time off at the employee's salary schedule rate for such two 16 (2) shifts, or to be scheduled off duty for the additional two (2) 17 shifts. This option must be exercised simultaneously with the selection) 18 of shifts off pursuant to this Section. Warrants shall be issued during'', 19 the month of April to all eligible Fire Department personnel who have 20 selected the option to accept pay instead of time off pursuant to this 21 Section. The amount each eligible person shall receive shall be based 22 on his or her monthly salary as of April lst of the current year. On 23 April lst of each year, the Fire Chief shall submit to the City 24 Clerk/Director of Finance a certified list of Fire Department personnel 25 who are eligible to receive the extra pay as authorized by this Section. 26 6.4. Any employee who is permanently transferred out of the 27 fire suppression service shall be paid for his or her unused shifts off 28 to which he or she became entitled on his or her immediately preceding - 4 - 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 anniversary date at his or her hourly rate and shall become eligible for vacation benefits on his or her next following anniversary date in accordance with City ordinances, resolutions and policies applicable to the classification in which he or she works. 6.5. Any employee with (1) or more years of continuous service who is transferred to fire suppression shall be entitled to a proportionate number of shifts off to be scheduled during the remainder of his.or her current anniversary year, unless he or she has already received the vacation benefits to which he became entitled on his immediately preceding anniversary date in his or her prior classification. i SECTION 7: Maximum Vacation Allowed It is the intention of the City Council that the maximum vacation leave that any employee shall earn in any calendar year shall be seventeen (17) days for those employees designated in Section 4, twenty- one (21) working days for those employees designated in Section 3 and nineteen (19) working days for those employees designated in Section 5. SECTION 8: Approval of Vacation All vacation periods shall be authorized or approved by each Department Head and shall be taken by said employee or employees during the applicable calendar year or anniversary period. SECTION 9: Accumulation of Vacation Benefits 9.1 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 or anniversary period to anniversary period, nor shall the same be compensated for if not utilized during said.period(s), except for all eligible miscellaneous employees, sworn safety personnel in the Fire Department and sworn management personnel in the Police - 5 - 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Department as provided hereunder. 9.2 Miscellaneous employees, sworn safety personnel in the Fire Department and sworn management personnel in the Police Department shall be permitted to accumulate a maximum of forty (40) hours of vacation that may be carried over to the following year. The employee's failure to schedule vacation time in excess of,said forty (40) hours prior to the end of the calendar year shall be deemed a waiver by the employee of the right to take the same or to be compensated for said unused accumulated vacation benefit. 9.3 Sworn safety personnel in the Fire Department working 24 hour rotating shifts shall be allowed to carryover a maximum of two (2) shifts per calendar year. If more than two (2) shifts are available at the end of the calendar year, the employee shall not be compensated for the shifts/hours exceeding the two (2) shift maximum carryover. 9.4 All full-time employees of the City of Vernon, except sworn fire suppression personnel and 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, effective as of July 1, 1989. 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 10: Department Heads All Department Heads are responsible to see that they take vacation authorized herein, with the approval of the City Administrator. Failure to so schedule a vacation, or take the same, without the City Administrator's approval, shall be deemed a waiver of 1 the right to take the same or be compensated for the same in any 2 subsequent calendar year. 3 HOLIDAYS 4 SECTION 11: City Holidays 5 The following days shall be deemed to be holidays for the City 6 of Vernon and the public offices of the City of Vernon shall be closed 7 on these days: 8 (1) January lst; 9 (2) February 12th, known as "Lincoln's Birthday"; 10 (3) The third Monday in February known as "President's 11 Day"; 12 (4) The last Monday in May known as "Memorial Day"; 13 (5) July 4th; 14 (6) The first Monday in September known as "Labor Day"; 15 (7) September 9th, known as "Admission Day"; 16 (8) The second Monday in October, known as "Columbus Day"; 17 (9) November llth, known as "Veteran's Day"; 18 (10) December 25th; 19 (11) Good Friday, from 12 noon to 4:30 p.m.; 20 (12) The day in November designated as "Thanksgiving Day"; 21 (13) The Friday after "Thanksgiving Day"; 22 (14) Every day appointed by the President or Governor for a 23 public fast, thanksgiving, or holiday; and 24 (15) Such other days as may be designated as holidays by the 25 City Council of the City of Vernon. 26 If January lst, February 12th, July 4th, September 9th, 27 November llth, or December 25th falls upon a Saturday, the preceding 28 Friday shall be deemed to be a holiday; or, if any of said dates falls - 7 - 1 upon a Sunday, the following Monday shall be deemed to be a holiday. 2 The general City offices shall be closed on each Friday, 3 Saturday and Sunday; except, that as to any employee whose regularly 4 scheduled work shift includes either a Friday, Saturday or a Sunday, such 5 shall not be deemed to be a holiday for any purpose. 6 ,SECTION 12: Holidays Falling on a Friday, Saturday or Sunday 7 Employees participating in the four (4) day work week shall 8 not receive the benefit of holidays falling on a Friday or Saturday, 9 but shall receive the benefit of holidays falling on Sunday by 10 celebrating said holidays on the following Monday. Employees 11 participating in the nine (9) day, eighty (80) hour work schedule, 12 shall not receive the benefit of holidays falling on a Friday, if they. 13 have a regularly scheduled day off on that Friday, or holidays falling 14 on a Saturday, but shall receive the benefit of holidays falling on 15 Sunday by celebrating said holidays on the following Monday. 16 SECTION 13: In Lieu Holidays 17 All full-time employees of the Police Department, and 18 Utilities Department of the City of Vernon, whose duties are such that 19 they do not receive the benefits of regular legal holidays shall be 20 granted "in lieu" holidays in accordance with Schedule "F" which is 21 attached hereto and incorporated herein by reference. Such "in lieu 22 holidays shall only be granted so long as said employee is on the 23 active payroll of the Department and said "in lieu" holidays must be 24 taken prior to June 30th or December 31', whichever is applicable. 25 Such "in lieu" holidays may be taken as days off on dates 26 desired by the employee subject to the convenience of the Department, or 27 as assigned by the Department. Such "in lieu" holidays, if not taken, 28 shall not be paid for unless the employee was denied an opportunity to 8 _ 1 take them off during the year for which such "in lieu" holidays were 2 granted. In that case only, the employee shall be paid for said "in 3 lieu" holidays not taken with his or her first payroll check on or after 4 June 30th or December 31st of the year in which the "in lieu" holidays 5 were granted, at his or her then basic rate, excluding all other 6 compensation, computed in accordance with the applicable salary 7 resolution of the City of Vernon. An employee who quits or is 8 terminated shall not be entitled to any compensation for "in lieu" 9 holidays not taken unless previously denied. "In lieu" holidays shall 10 not be considered when determining the maximum amount of vacation 11 benefits granted to said employees. 12 SECTION 14: All regular, full-time employees of the Utilities 13 Department of the City of Vernon, whose duties are such that they do not 14 receive the benefit of regular legal holidays, who have completed 15 fifteen (15) years or more of continuous service shall be granted one- 16 half M of the employee's bi-weekly salary as of April 1 of the current 17 year. 18 On April 1st of each year, the Director of the Utilities 19 -Department shall submit to the City Administrator/City Clerk a certified 20 list of personnel in that department who are eligible to receive the 21 extra pay as authorized by this section. Warrants shall be issued to 22 all such eligible personnel during the month of April of each year. 23 MISCELLANEOUS 24 SECTION 15: Nothing contained herein shall modify Resolution 25 No. 4677 (four -day work week) nor affect employees participating in 26 said program. 27 SECTION 16: It was and is the intention of the City Council 28 that all employees serve at the pleasure of the City Council and nothing - 9 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 provided for herein shall be deemed to create a property right in said employee's employment. SECTION 17: This Resolution shall take effect immediately, 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. 5645 and 6124 are specifically repealed, and all resolutions or minute orders in conflict with this resolution are hereby repealed. SECTION 18: The City Clerk of the City of Vernon shall certify to the passage of this resolution and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 17th day of October, 2000. =::: BRUCE V. MALKENHORST, City Clerk S C. Mayor - 10 - 1 STATE OF CALIFORNIA ) ss 2 COUNTY OF LOS ANGELES ) 3 I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do 4 5 hereby certify that the foregoing Resolution, being Resolution No. 6 7649, was duly adopted by the City Council of the City of Vernon at a 7 regular meeting of the City Council duly held on Tuesday, 8 October 17, 2000, and thereafter was duly signed by the Mayor of the 9 City of Vernon. 10 11 BRUCE V. MALKENHORST, City Clerk 12 (SEAL) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 11 - EXHIBIT A 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 VACATION SCHEDULE "A" Department UTILITIES DEPARTMENT: Rotating Shifts (No Regular Holidays)' Number of Number of Years Employed Vacation Hrs. After completion of: ist year thru 9th Year 120 loth year thru 14th Year 160 15th year and more, plus2 160 ' Utilities personnel on rotating shifts receive In Lieu Holidays pursuant to Schedule "F." 2 Personnel in said category receive one week's salary on anniversary date in addition to allotted vacation. A-1 EXHIBIT B 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 VACATION SCHEDULE "B" Number of Department Years Employed Police Department: After completion of: 5/83 Dispatchers, & Vernon Service Officers Utilities Department: 5/8 3 Work Week 1st year thru 9th year loth thru 24th Year 25th Year and above After completion of: 1st year thru 4th year 5th year thru 9th year loth year thru 14th year 15th year thru 24th year 25th Year and more 3 Number of days per week and hours per day. B-1 Number of Vacation Hrs. 120 160 168 80 96 120 160 168 EXHIBIT C 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 VACATION SCHEDULE licit Department General City Personnel: 4/104 Miscellaneous Employees Employees (All Miscellaneous Administration, General Maintenance Employees & Miscellaneous Fire Administration) Police Department Sworn: Police Department Sworn Management Personnel: 4/104 Captain, Patrol Lts. & Plainclothes Lts. Police Department Group 2 4/10 (P.O.s /Sergeants) Fire Department: Sworn Managements 4/10 Fire Chief 4/10 Administrative B.C. 4/10 Administrative Capt. Number of Years Employed After completion of: 1st year thru 4th Year 5th thru to 9th Year loth thru 14th Year 15th thru 24th Year 25th Year and more After completion of: Number of Vacation Hrs. 80 100 120 160 170 1st year thru 9th year 120 loth year thru 24th year 160 25th year and more 170 After completion of: 1st year thru 9th year 120 loth thru 24th year 160 25th year or more 170 After completion of: 1st year thru 9th year 120 loth thru 24th year 160 2 5th year and above 170 4 Number of days per week and hours per day. s Vacation may instead be based on years of service at time of promotion or reassignment with administrative and/or City Council approval. C-1 EXHIBIT D 1 VACATION SCHEDULE "D" 2 3 Number of Number of Department Years Employed Vacation Hrs. 4 5 Police Department Sworn: After completion of: 6 9/806 Chief of Police ist year thru 9th Year 126 loth thru 24th year 162 7 25th year or more 171 8 Police Department: 9 Miscellaneous Office Personnel: After completion of: 10 9/806 (Police Secretary, ist year thru 4th Year 81 11 Transcriber Typists, 5th thru 9th Year 99 Records Manager, Asst. loth thru 14th Year 126 12 Records Manager, & 15th thru 24th Year 162 13 Civilian Court Officer) 25th Year & above 171 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 Number of days worked and number of hours compensated for in a two week pay period. D-1 I EXHIBIT E I I 2 31 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 VACATION SCHEDULE "E" Number of Department Years Employed Fire Department: 24 Hour Shift Personnel: Battalion Chief & 24 Hour Fire Captains' & Firefighters Number of Vacation Hrs. After completion of: 1st year thru 9th Year 13 S/O' s8 loth thru 24th Year 15 S/0' s9 25th Year 16 S/O,' s Fire Captains and Firefighters may utilize only two (2) shifts off in six (6) hour increments. 8 S/O's means Shift(s) Off, a term used in the Fire Department in lieu of the term vacation. 9 Fire Captains & Firefighters eligible for the two (2) additional shifts off may elect to receive pay at the time of the selection of shifts off. Said pay shall be issued during the month of April and the pay shall be at the rate of the employee's base monthly salary as of April 1 of the current year. E-1 l EXHIBIT F 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 DEPARTMENT IN LIEU HOLIDAY SCHEDULE "F" In Lieu Holidays Number of In Lieu Department Holiday Hours POLICE DEPARTMENT: 5/8'0work week: Dispatchers & Vernon Service Officers 4 / 1010 Work week: Patrol LieutenantS12 Group 2 (Officers & Sergeants) UTILITIES DEPARTMENT: Rotating Shift Work Week 5/810 Work Week 40 Hrs per calendar yearn 80 Hrs per calendar year 80 Hrs per fiscal year 12 40 hours per fiscal Year13 8 hours given when required to work any city designated holiday 10 Number of days per week and hours per day. 11 Plus any additional holidays granted by the City Council. 12 In the event the City Council grants any additional holidays only one holiday (10 hours) will be granted. No more than 90 hours per fiscal year will be given regardless of how many additional holidays may be granted by the Council. 13 Plus any additional holidays granted by the City Council. F-1 SUPPORTING DOCUMENTS CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro—Tem WM. "BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL MCCORMICK Councilman BRUCE V. MALKENHORST City Administrator / City Clerk FAX (323) 581-7924 City Council City of Vernon Honorable Members: EDUARDO OLIVO City Attorney j FAX: (562) 927-8722 1" EVIN WILSON it or of Community Services & Water FAX: (323) 588-2761 KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 583-1983 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 October 12, 2000 DAVE TELFORD Fire Chief FAX: (323) 581-1385 BRUCE W. OLSON Police Chief FAX: (323) 583-5236 It has been discovered that the current Holiday/Vacation Resolution (No. 5645) needs to be amended in order to clarify and revise certain _language. Staff has verified that the proposed Resolution's vacation schedules are current and consistent with today's work schedules. It is hereby recommended that the resolution submitted herewith be approved and adopted. Very truly yours, (�ruc-e V. Malken orst 4/ City Administrator/City Clerk BVM/ng CITY ADMINISTRATORICITY CLERK'S OFFICE f INTER -DEPARTMENT MEMORANDUM DATE: November 13, 2000 TO: Ken DeDario, Director of Utilities Bruce Olson, Chief of Police Lewis Pozzebon, Dir. of Env. Health Kevin Wilson, Director of Com. Svs. & Water On Duty Battalion Chief FROM: Gloria J. Orosco, Chief Deputy City Clerk RE: Resolution No. 7649 - Vacation, etc., Policy Gentlemen: Attached hereto is a corrected page 5 of the above referenced resolution. The correction is to section 7 which identifies the maximum amount of vacation employees who work certain work schedules can earn per calendar year. Please note that this is a correction to the original resolution and that this corrected page does match what is referenced in the appropriate exhibits. If you have any questions please do not hesitate to contact me. Thank you. cc: M. Valenzuela J. Francone Resolution #7 64 9 BVM/gjo :vacationPolicyMemo 1 anniversary date at his or her hourly rate and shall become eligible for vacation benefits on his or her next following anniversary date in 3 accordance with City ordinances, resolutions and policies applicable to 4 the classification in which he or she works. 5 6.5. Any employee with (1) or more years of continuous service 6 who is transferred to fire suppression shall be entitled to a 7 proportionate number of shifts off to be scheduled during the remainder 8 of his or her current anniversary year, unless he or she has already 9 received the vacation benefits to which he became entitled on his 10 immediately preceding anniversary date in his or her prior 11 classification. 12 , SECTION 7: Maximum Vacation Allowed 13 It is the intention of the City Council that the maximum 14 vacation leave that any employee shall earn in any calendar year shall be 15 seventeen (17) days for those employees designated in Section 4, twenty- 16 one (21) working days for those employees designated in Section 3 and 17 nineteen (19) working days for those employees designated in Section 5. 18 SECTION 8: Approval of Vacation 19 All vacation periods shall be authorized or approved by each 20 Department Head and shall be taken by said employee or employees during 21 the applicable calendar year or anniversary period. 22 SECTION 9: Accumulation of Vacation Benefits 23 9.1 No vacation or other benefits provided for herein for any 24 employee of the City of Vernon shall be accumulated from calendar year 25 to calendar year.or anniversary period to anniversary period, nor shall 26 the same be compensated for if not utilized during said period(s), 27 except for all eligible miscellaneous employees, sworn safety personnel 28 in the Fire Department and sworn management personnel in the Police - 5 -