Resolution No. 78251
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RESOLUTION NO. 7825
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A
FIFTH 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)
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; and
WHEREAS, on March 15, 1988, pursuant to Resolution No. 5489,
the City Council of the City of Vernon approved the MOU; and
WHEREAS, on January 21, 1992, pursuant to Resolution No.
6001, the City Council of the City of Vernon approved a Side -Letter
Agreement amending the MOU effective October 6, 1991, which, among
other things, extended the MOU for a period of five (5) ye,ars from
September 1, 1992 to August 31, 1997; and
WHEREAS, on October 5, 1993, pursuant to Resolution No.
6258, the City Council approved a Second Side -Letter Agreement
amending the MOU effective September 19, 1993, which, among other
things, extended the MOU for a period of four (4) years to August 31,
2001; and
WHEREAS, on July 11, 1995, pursuant to Resolution No. 6656,
the City Council approved a Third Side -Letter Agreement amending the
MOU effective July 1, 1995; and
WHEREAS, on September 2, 1997, pursuant to Resolution No.
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7009, the City Council approved a Fourth Side -Letter Agreement
amending the MOU effective September 1, 1997, which, among other
things, extended the MOU for a period of four (4) years to August 31,
2005; and
WHEREAS, members of the VPOBA, representing Employee Group 2
and Bruce V. Malkenhorst, the MERR, have jointly negotiated a Fifth
Side -Letter Agreement which further modifies the MOU; and
WHEREAS, by letter dated August 30, 2001, Bruce V.
Malkenhorst, City Administrator/City Clerk, has recommended that a
Fifth Side -Letter Agreement be approved and executed; and
WHEREAS, the City Council desires to approve a Fifth Side -
Letter Agreement and the execution thereof by the MERR.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves a Fifth Side -Letter Agreement by and between the MERR and the
VPOBA (Employee Group 2), a copy of which is attached hereto as
Exhibit "A" and made a part hereof.
SECTION 3: The City Council of the City of Vernon hereby
authorizes Bruce V. Malkenhorst, the MERR, to execute the Fifth Side -
Letter Agreement for, and on behalf of, the City of Vernon.
SECTION 4: The approval set forth herein is subject to all
the terms, covenants and conditions contained in the Fifth Side -Letter
Agreement.
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SECTION 5: 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 5th day of September, 2001.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
EONIS C. MAL URG, M yor
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1 STATE OF CALIFORNIA )
2 ) ss
COUNTY OF LOS ANGELES )
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4 I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
5 hereby certify that the foregoing Resolution, being Resolution No.
6 7825, was duly adopted by the City Council of the City of Vernon at a
7 regular meeting of the City Council duly held on Wednesday, September
8 5, 2001, and thereafter was duly signed by the Mayor of the City of
9 Vernon.
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BRUCE V. MALKENHORST, City Clerk
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13 (SEAL)
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EXHIBIT
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FIFTH SIDE -LETTER AGREEMENT
THIS FIFTH 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
dated March 1, 1988(as amended by the Side -Letter Agreement effective
October 6, 1991, the Second Side -Letter Agreement effective September
19, 1993, the Third Side -Letter Agreement effective July 11, 1995 and
the Fourth Side -Letter Agreement effective September 1, 1997), to be
effective -September 1, 2001.
RECITALS
WHEREAS, the VPOBA and 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 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 MERR entered into a Side- Letter
Agreement executed on January 19, 1992, amending the MOU effective
October 6, 1991, and
WHEREAS, the City Council approved the Side -Letter Agreement
by Resolution No. 6001 on January 21, 1992; and
WHEREAS, the VPOBA and MERR entered into a Second Side -Letter
Agreement executed on October 12, 1993, further amending the MOU
effective September 19, 1993, and extending the term of the MOU to
August 31, 2001; and
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WHEREAS, the City Council approved the Second Side -Letter
Agreement by Resolution No. 6258 on October 5, 1993; and
WHEREAS, the VPOBA and MERR entered into a Third -Side Letter
Agreement executed on July 11, 1995, amending the MOU effective July 1,
1995; and
WHEREAS, the City Council of the City of Vernon approved the
Third -Side Letter Agreement by Resolution No. 6656 on July 11, 1995; and
WHEREAS, the VPOBA and MERR entered into a Fourth -Side Letter
Agreement executed on September 3, 1997, further amending the MOU
effective September 1, 1997 and extending the MOU term to August 31,
2005; and
WHEREAS, the City Council of the City of Vernon approved the
Fourth -Side Letter Agreement by Resolution No. 7009 on September 2, 1997;
and
WHEREAS, the VPOBA and MERR desire to enter into a Fifth Side
Letter Agreement to further amend and extend the MOU term, as described
in more detail below, as follows:
(1) Provide for an additional six (6) year extension, up to
August 31, 2011;
(2) Allow the use of summer uniforms for patrol officers;
(3) Provide a 3% cost of living increase for fiscal year
2001-2002 effective September 1, 2001;
(4) Provide additional cost of living increases;
(5) Extend certain in lieu holiday benefits;
(6) Make the PERS 3% at 50 plan available under certain
conditions;
(7) Authorize a 3-day work week at 12 hours per day on a
trial basis;
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(8) Provide longevity increases after 5 years of service;
(9) Provide for POST incentive increases;
(10) Provide court pay increases; and
(11) Reduce bereavement benefits and certain allowed absences.
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, the Second Side -
Letter Agreement executed on October 12, 1993, the Third Side -Letter
Agreement executed on July 11, 1995 and the Fourth Side -Letter Agreement
executed -on September 3, 1997, shall be extended until August 31, 2011,
and shall remain in full force and effect unless further amended herein.
This Amendment shall be effective September 1, 2001.
SECTION 2: The MOU shall be amended by adding Section 30,-
providing for the use of summer uniforms, which shall read as follows:
30. Summer Uniforms. Group 2 employees who are
assigned to patrol will be allowed to utilize
summer uniforms (blue shirt/blue shorts) on any
day _at the discretion of the Chief of Police.
The Chief of Police shall establish
authorization or notification procedures, as
well as summer uniform requirements.
SECTION 3: Section 3 of the MOU pertaining to PERS
contributions shall be amended by adding subsection 3A, which shall read
as follows:
3A. The City will take all steps necessary to amend
its contract with the California Employees
Public Retirement System ("PERS") to provide the
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Group 2 employees with 3% at 50 additional PERS
retirement benefits to be effective on or before
July 1, 2002, with no cost to the employee until
2011.
SECTION 4: Section 4 of the MOU pertaining to work
schedules, shall be amended by adding subsection 4A, which shall read as
follows:
4A-1. 3/12 Plan. The City agrees to continue, on an
experimental basis, a 3-day week at 12 hours per
day ("3/12 Plan") for Group 2 employees assigned
to patrol. The VPOBA agrees that the City may,
at its sole discretion and at any time,
terminate the 3/12 Plan. The City will evaluate
the 3/12 Plan by January 31, 2002, in order to
determine whether it should continue. The VPOBA
agrees that the termination of the 3/12 Plan is
not subject to the grievance procedure or any
other administrative review and that the 3/12
Plan is not and shall not become a vested, right
in any manner, and that a decision to terminate
such 3/12 Plan prior to January 31, 2002, is not
subject to the meet and confer process.
4A-2 The VPOBA further agrees that the continuance of
the 3/12 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
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officer's forty (40) hours of scheduled work
will not overlap into another work period. In
the event that the 3/12 Plan creates any such
additional overtime obligation for the.City, the
VPOBA shall adjust the terms and conditions of
the MOU to offset any penalty the City may incur
at the City's option.
4A-3.
If the 3/12 Plan is terminated as set forth
above, this entire subsection shall be stricken
from MOU and all work schedules will be in
accordance with the MOU, as previously amended.
SECTION
5: Subsection 13.3 of the MOU, pertaining to "In
Lieu" Holidays, which was added pursuant to Section 4 of the Third
Side -Letter Agreement, shall be amended to read as follows:
13.3
Effective September 1, 2002, Group 2 employees
shall receive, during the fiscal year, an
additional "in lieu" holiday (for a maximum of
10 hours) 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.
7649, Vacation and Holidays.
SECTION
6: Subsection 17.1 of the MOU pertaining to
longevity, which was added pursuant to Section 5 of the Third Side -
Letter Agreement,
shall be amended to read as follows:
17.1
(a) Five (5) Years of Service. All employees
classified in Group 2 who are employed on or
after July 1, 1995, who attain five (5) years of
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consecutive uninterrupted service shall receive
an additional five percent (5%) per month of
their base salary. Such employees shall be
entitled to receive such five percent (5%)
increase upon reaching their 5tn anniversary
date. 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 employees
hired on or after July 1, 1995.
SECTION
7: Section 2.4 of the MOU pertaining to salary
increases, which
was amended pursuant to Section 2 of the Fourth Side -
Letter Agreement,
shall be amended to read as follows:
2.4
The Group 2 employees shall receive a three
percent (3%) salary increase for fiscal year
2001-2002 effective September 1, 2001. Each
year thereafter, effective September 1 of that
year, the Group 2 employees shall receive a cost
of living salary increase in an amount equal to
the cost of living salary increases received by
Police Administration employees of the City in
that year.
SECTION
8: Subsection 15.1.1 of the MOU pertaining to
Police Officers'
Standards and Training certificate incentive, shall
be amended to read
as follows:
15.
Police Officers' Standards and Training
Certificate Incentive:
15.1
Group 2 employees who have completed their
Ms�
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evaluation period shall be entitled to Peace
Officers' Standard and Training ("POST")
certificate pay as follows:
15.1.1
Three percent (3%) of the employee's basic
monthly salary, excluding all other
compensation, for a POST intermediate
certificate.
15.1.2
Six percent (6%) of the employee's basic monthly
salary, excluding all other compensation, for a
POST advanced certificate.
_ 15.2
Payment of the above -referenced incentive
compensation shall not be cumulative. Further,
only the highest applicable incentive pay shall
be paid.
15.3
Incentive pay shall be payable the month
following the month during which the certificate
is granted, or the month following completion of
the employee's evaluation period, whichever is
latest.
SECTION
9: Subsection 10.1 of the MOU, pertaining to
Uniform and Clothing
Allowance, which was amended by Section 3 of the
Third Side -Letter
Agreement, shall be amended effective September 1,
2001, to read as
follows:
10.1
The City will pay each Group 2 employee assigned
to patrol, who has completed his or her first
year of service with the City and who is on the
active payroll of the Vernon Police Department
and is assigned to Uniform Patrol, Seven Hundred
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Twenty Five Dollars ($725) per fiscal year for
the purchase of uniforms and related equipment.
Employees assigned to non -uniform positions
shall receive Three Hundred Fifty Dollars ($350)
per fiscal year for clothing allowance.
SECTION 10: Section 14 of the MOU, pertaining to bereavement
leave, which was
amended by Section 10 of the Second Side -Letter
Agreement, shall
be amended to read as follows:
14.
Bereavement Leave:
14.1
Whenever an employee is compelled to be absent
from duty by reason of death or critical illness
(where death appears imminent) of the members of
the employee's immediate family (father, mother,
brother, sister, spouse, children, mother-in-
law, father-in-law, grandmother, grandfather, or
grandchildren), such person will be permitted,
subject to the Chief of Police's approval, to a
leave of absence, with pay, as follows:
14.1.1
Employees working a 3-day week at 12 hours per
day will be entitled to l day.
14.1.2
Employees working a 4-day week at 10 hours per
day will be entitled to 2 days.
14.1.3
Employees working a 5-day week at 8 hours per
day will be entitled to 3 days.
14.2
Employees will be allowed to utilize their
vacation time or any compensatory time that is
due to the employee, in order to lengthen such
bereavement time.
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14.3
The employee shall furnish satisfactory evidence
of such death or critical illness to the Chief
of Police, if requested. Such leave of absence
shall not be allowed in any case where in the
preceding 6 calendar months a leave on the
grounds of critical illness of the same relative
have been granted.
SECTION
11: Section 14A, pertaining to absences, which was
added by Section
12 of the Second Side -Letter Agreement, shall be
amended to read as
follows:
_ 14A.
Absences:
14A-1
The parties agree that the current policy on
absences reflected in City's resolutions will
not be changed, that the pay for any absence
must first be certified by the Chief of Police
and must then be approved by the City Council,
and that such approval is in the City Council's
sole discretion.
14A-2
An employee will be placed on the excessive
absence list if the employee has incurred at
least two (2) days of absence due to illness
and/or injury during a 12-month period. The
employee shall be required to provide a doctor's
note before coming back to work in order to be
considered for certification by the Chief of
Police for any absence for illness or injury.
14A-3
Payment for absence due to illness or injury
shall cover the duration of the time when the
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employee is ill or injured and such absences
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have been certified and approved by the City
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Council. The Chief of Police may refuse to
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certify any employee, and the City Council may,
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in its sole discretion, withhold pay for any
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absence due to illness or injury when the
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employee is on the excessive absence list.
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14A-4 No employee will be eligible for paid absence
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due to illness or injury until after he or she
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has completed completes one full year of
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employment with the Police Department. After
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one year of service, the employee shall be
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eligible to be paid for his or her absences as
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provided above. Approval for such payment shall
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remain in'the sole discretion of the City
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Council.
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IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be duly and properly executed on the day and year
hereinafter written.
VERNON POLICE OFFICERS' BENEFIT ASSOCIATION
BY DATED:
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Fernan o Rodriguez, Pres44efit
J��BY DATED
Daniel Calleros, Treasurer
CITY REPRESENTATIVE OF THE CITY OF VERNON
A Municipal Corporation
BY� DATED:
BRUCE V. MALKENHORST
Municipal Employee Relations
Representative (MERR)
APPROVED AS TO FORM:
EDUARDO OLIVO, City A torney