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Resolution No. 7826t 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 RESOLUTION NO. 7826 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON AMENDING VARIOUS SECTIONS AND SCHEDULES OF RESOLUTION NO. 7796 PERTAINING TO GROUP 2 EMPLOYEES OF THE POLICE DEPARTMENT WHEREAS, on June 28, 2001, Resolution No. 7796 was adopted by the City Council of the City of Vernon to be effective on July 1, 2001; and WHEREAS, on September 5, 2001, the City Council of the City of Vernon approved a Fifth Side -Letter Agreement between the Municipal Employees Relations Representative and the Vernon Police Officers' Benefit Association, which amended the Memorandum of Understanding previously adopted on March 15, 1988, as amended by a Side -Letter Agreement adopted on January 21, 1992; a Second Side -Letter Agreement adopted on October 5, 1993; a Third Side -Letter Agreement adopted on July 11, 1995; and a Fourth Side -Letter Agreement adopted on September 2, 1997; and WHEREAS, the Fifth -Side Letter Agreement provides for (1) an additional six (6) year extension, up to August 31, 2011; (2) the use of summer uniforms for patrol officers; (3) a 3% cost of living increase for fiscal year 2001-2002 effective September 1, 2001; (4) future cost of living increases; (5) extending certain in lieu holiday benefits; (6) making the PERS 3% at 50 plan available under certain conditions; (7) continuing the 3-day work week at 12 hours per day on a trial 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 basis; (8) longevity increases after 5 years of service; (9) POST incentive increases; (10) court pay increases; and (11) reducing bereavement benefits and certain allowed absences; and WHEREAS, Schedule II, Exhibit "B," page 11 of Resolution No. 7796 provides for the positions and salary scales of police officers and sergeants; and WHEREAS, Schedule IV, Exhibit "D," of Resolution No. 7796 provides for the compensation for uniform allowances; and WHEREAS, Schedule V, Exhibit "E," of Resolution No. 7796 provides for the compensation for court appearances and standby status; and WHEREAS, in accordance with Section 2.4 of the MOU, the City Council of the City of Vernon intends to establish a new salary schedule for the Group 2 employees; and WHEREAS, certain schedules and sections of Resolution No. 7796 need to be modified in order to implement the provisions of the Fifth Side -Letter Agreement; and 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: Effective September 1, 2001, Schedule II, Exhibit "B," page 11 of Resolution No. 7796 is hereby amended to establish new salary schedules for the positions of police officers - 2 - M 10 11 12 1.3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and sergeants as indicated in Exhibit "A" which is attached hereto and made a part.hereof by this reference. SECTION 3: Effective September 1, 2001, Schedule IV, Exhibit "D, of Resolution No. 7796 is hereby amended to establish new uniform allowances for the police officers and sergeants as indicated in Exhibit "B" which is attached hereto and made a part hereof by this Ireference. SECTION 4: Effective September 1, 2001, Schedule V, Exhibit "E," of Resolution No. 7796 is hereby amended to establish new compensation for court appearances and standby status for the positions of police, officers and sergeants as indicated in Exhibit `IC" which is attached hereto and made a part hereof by this reference. SECTION 5: Subsection (b) of Section 10, page 13 of Resolution No. 7796 is hereby modified to read as follows: (b) Police Employees in Group 2 Employed on or After July 1, 1995 - 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 consecutive uninterrupted service shall receive an additional five percent (5%) per month of their base salary. Such employees upon reaching their 5th anniversary date shall be entitled to receive such 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 police employees in Group 2 hired on or after July 1, 1995. SECTION 6: Subsection (b) of Section 12, page 15 of Resolution No. 7796 is hereby modified to read as follows: - 3 - 2 M 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 (b) Entitlement to One Additional In Lieu Holiday - Police Department Employees in Group 2. 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 each such fiscal year, provides any additional holiday to miscellaneous/general employees in addition to those holidays provided for in Resolution No. 7649, Vacation and Holidays. SECTION 7: Subsection (g)(1) is hereby added to Section 16, (Page 20 of Resolution No. 7796 to read as follows: (1) Bereavement Leave - Group 2 Employees. Pursuant to the Fifth Side -Letter Agreement between the Municipal Employees Relations Representative and the Vernon Police Officers' Benefit Association, Group 2 employees shall receive bereavement leave pursuant to the schedule set forth above. SECTION 8: Subsection (a), (e)(1) and (e)(2) of Section 23, page 29 of Resolution No. 7796 is hereby modified to read as follows: (a) MOU. For purposes of this resolution, all of the provisions in the MOU dated March 1, 1988, adopted by the City Council of the City of Vernon on March 15, 1988, pursuant to Resolution No. 5489, as extended by a Side -Letter Agreement effective October 6, 1991, approved by the City Council of the City of Vernon on January 21, 1992, pursuant to Resolution No. 6001, the Second Side -Letter Agreement approved by the City Council of the City of Vernon on October 5, 1993, pursuant to Resolution No. 6258, the Third Side -Letter Agreement approved by the City Council of the City of Vernon on July 11, 1995, pursuant to Resolution No. 6656, the Fourth Side -Letter Agreement, approved by the - 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 28 City Council of the City of Vernon on September 2, 1997, pursuant to Resolution 7009 and the Fifth Side -Letter Agreement, approved by the City Council of the City of Vernon on September 5, 2001, pursuant to Resolution No. 7825, are referenced herein as though fully set forth at length. (e) Payment of Incentive Compensation Peace Officers' Standard Trainina Certificate Employees in the classifications represented by the Police Association in Group,2 who have completed their evaluation period shall be entitled to peace officers' standard and training certificate incentive pay as follows: (1) POST Intermediate Certificate. Three percent (3%) of the employee's base monthly salary, excluding all other compensation, for the employees earning and', possessing a POST intermediate certificate. (2) POST Advanced Certificate. Six percent (6%) of the employee's base monthly salary, excluding all other compensation, for the employees earning and possessing a POST advanced certificate. SECTION 9: The provisions of Resolution Nos. 7796 and 7819 not consistent with or in conflict with this resolution are hereby repealed; in all other respects, Resolution No. 7796, as amended by Resolution No. 7819, shall remain in full force and effect. - 5 - 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 SECTION 10: 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 5tn day of September, 2001. ATTEST: BRUCE V. MALKENHORST, City Clerk LEONIS C. MAL URG, Ma or - 6 - 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 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 7826, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City.Council duly held on Wednesday, September 5, 2001, and thereafter was duly signed by the Mayor of the City of Vernon. 1 (SEAL) X- IXXA�'� BRUCE V. MALKENHORST, City Clerk - 7 - EXHIBIT 0 SCHEDULEII POLICE DEPARTMENT SALARY SCALE 0.03 MONTHLY SALARY OLD CIVILIAN COURT OFFICER - 4370 STEP 8 4,096.00 STEP 1 7 3,882.00 2 6 3,680.00 3 5 3,488.00 4 4 3,306.00 5 3 3,134.00 6. 2 2,971.00 7 1 2,816.00 8 VERNON SERVICE OFFICER - 4300 STEP 8 3,350.00 STEP 1 7 3,175.00 2 6 3,009.00 3 5 2,852.00 4 4 2,703.00 5 3 2,562.00 6 2 2,428.00 7 1 2,301.00 8 POLICE CADET - 3180 STEP 8 2,645.00 STEP 1 7 2,507.00 2 6 2,376.00 3 5 2,252.00 4 4 2,135.00 5 3 2,024.00 6 2 1,918.00 7 1 1,818.00 8 SERGEANTS - 3130 STEP 6 5,940.00 STEP 1 5 5,630.00 2 4 5,336.00 3 3 5,058.00 4 2 4,794.00 5 1 4,544.00 6 POLICE OFFICER - 3340 STEP 6 4,996.00 STEP 1 5 4,736.00 2 4 4,489.00 3 3 4,255.00 4 2 4,033.00 5 1 3,823.00 6 SCHEDULE II EXHIBIT " B" PAGE 11 7/01/01 (except 3130 and 3340) revised 9/01/01 for 3130 and 3340 EXHIBIT SCHEDULE IV s UNIFORM ALLOWANCE 2000-2001 FIRE DEPARTMENT VERNON SHALL PAY TO EACH EMPLOYEE ON THE ACTIVE PAYROLL OF THE FIRE DEPARTMENT, WHO HAS BEEN CERTIFIED ELIGIBLE BY THE FIRE CHIEF, THE SUM OF FIVE HUNDRED FIFTY DOLLARS ($550.00) FOR THE 2000-2001 FISCAL YEAR FOR THE PURCHASE OF UNIFORMS AND RELATED EQUIPMENT ON THE FIRST PAY CHECK OF AUGUST 2001 POLICE DEPARTMENT VERNON WILL PAY TO EACH POLICE OFFICER AND SERGEANT WHO HAS COMPLETED HIS/HER FIRST YEAR OF SERVICE AND WHO IS ON THE ACTIVE PAYROLL OF THE VERNON POLICE DEPARTMENT THE SUM OF SIX HUNDRED TWENTY-FIVE DOLLARS ($725.00) PER FISCAL YEAR (JULY 1ST TO JUNE 30TH) FOR THE PURCHASE OF UNIFORMS AND RELATED EQUIPMENT EFFECTIVE SEPTEMBER 1, 2001. VERNON WILL PAY TO EACH POLICE OFFICER AND SERGEANT WHO HAS COMPLETED HIS/HER FIRST YEAR OF SERVICE AND IS PERMITTED TO WEAR CIVILIAN CLOTHING AND WHO IS ON THE ACTIVE PAYROLL OF THE VERNON POLICE DEPARTMENT THE SUM OF THREE HUNDRED FIFTY DOLLARS ($350.00) PER FISCAL YEAR (JULY IST TO JUNE 30TH) FOR THE PURCHASE OF SUCH CLOTHING AND RELATED EQUIPMENT EFFECTIVE SEPTEMBER 1, 2001. VERNON WILL PAY TO EACH VERNON SERVICE OFFICER WHO HAS COMPLETED HIS/HER FIRST YEAR OF SERVICE AND IS REQUIRED BY THE VERNON POLICE DEPARTMENT TO OWN AND MAINTAIN A UNIFORM AND WHO IS ON THE ACTIVE PAYROLL OF THE VERNON POLICE DEPARTMENT THE SUM OF ONE HUNDRED FIFTY DOLLARS ($150.00) FOR THE FISCAL YEAR 2000-2001 OF VERNON FOR THE PURCHASE OF SUCH CLOTHING AND RELATED EQUIPMENT ON HIS/HER ANNIVERSARY DATE. SCHEDULE IV EXHIBIT "D" 7/1 /01 revised 9/1 /01 EXHIBIT It ! t ! COURT TIME PAY POLICE DEPARTMENT Vernon will pay to each safety member in Group 2 according to the following schedule for court -time pay, commencing September 1, 2001: Court Pay, effective September 1, 2001: All -Day Appearance $192.50 Half -Day Appearance $133.00 Stand-by (all day) $110.00 Stand by (1/2 day) $55.50 SCHEDULE V Exhibit "E" revised 9/1/01 7 SUPPORTING DOCUMENTS CITY ADMINISTRATOR/CITY CLERK'S OFFICE INTER=DEPARTMENT MEMORANDUM DATE: September 6, 2001 TO: Bruce Olson Chief of Police FROM: Gloria J. Orosco Chief Deputy City Clerk RE: Resolution No. 7826 Dear Chief: For your records, attached is a copy of Resolution No. 7826, pertaining to the adoption of the changes made through the approval of the Fifth Side Letter Agreement wit the VPOBA. All items are effective September 1, 2001, unless otherwise specified. GJO:ng CC: Sergeant Rodriguez S. Johnson M. Valenzuela Resolution No. 7826 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 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 As ("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 livernon; 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 1 WHEREAS, the City Council approved the Second Side -Letter 2 Agreement by Resolution No. 6258 on October 5, 1993; and 3 WHEREAS, the VPOBA and MERR entered into a Third -Side Letter 4 Agreement executed on July 11, 1995, amending the MOU effective July 1, 5 1995; and 6 WHEREAS, the City Council of the City of Vernon approved the 7 Third -Side Letter Agreement by Resolution No. 6656 on July 11, 1995; and 8 WHEREAS, the VPOBA and MERR entered into a Fourth -Side Letter 9 Agreement executed on September 3, 1997, further amending the MOU 10 effective September 1, 1997 and extending the MOU term to August 31, 11 2005; and 12 WHEREAS, the City Council of the City of Vernon approved the 13 Fourth -Side Letter Agreement by Resolution No. 7009 on September 2, 1997; 14 and 15 WHEREAS, the VPOBA and MERR desire to enter into a Fifth Side- 16 Letter Agreement to further amend and extend the MOU term, as described 17 in more detail below, as follows: 18 (1) Provide for an additional six (6) year extension,.up to 19 August 31, 2011; 20 (2) Allow the use of summer uniforms for patrol officers; 21 (3) Provide a 3% cost of living increase for fiscal year 22 2001-2002 effective September 1, 2001; 23 (4) Provide additional cost of living increases; 24 (5) Extend certain in lieu holiday benefits; 25 (6) Make the PERS 3% at 50 plan available under certain 26 conditions; 27 (7) Authorize a 3-day work week at 12 hours per day on a 28 trial basis; 2 - 1 (8) Provide longevity increases after 5 years of service; 2 (9) Provide for POST incentive increases; 3 (10) Provide court pay increases; and 4 (11) Reduce bereavement benefits and certain allowed absences. 5 IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN STATED, 6 the parties agree as set forth herein. 7 SECTION 1: The MOU dated March 1, 1988, as amended by the 8 Side -Letter Agreement executed on January 19, 1992, the Second Side 9 Letter Agreement executed on October 12, 1993, the Third Side -Letter 10 Agreement executed on July 11, 1995 and the Fourth Side -Letter Agreement 11 executed on September 3, 1997, shall be extended until August 31, 2011, 12 and shall remain in full force and effect unless further amended herein. 13 This Amendment shall be effective September 1, 2001. 14 SECTION 2: The MOU shall be amended by adding Section 30, 15 providing for the use of summer uniforms, which shall read as follows: 16 30. Summer Uniforms. Group 2 employees who are 17 assigned to patrol will be allowed to utilize 18 summer uniforms (blue shirt/blue shorts) on any 19 day at the discretion of the Chief of Police. 20 The Chief of Police shall establish 21 authorization or notification procedures, as 22 well as summer uniform requirements. 23 SECTION 3: Section 3 of the MOU pertaining to PERS 24 contributions shall be amended by adding subsection 3A, which shall read 25 as follows: 26 3A. The City will take all steps necessary to amend 27 its contract with the California Employees 28 Public Retirement System ("PERS") to provide the - 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 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 - 4 - 1 officer's forty (40) hours of scheduled work 2 will not overlap into another work period. In 3 the event that the 3/12 Plan creates any such 4 additional overtime obligation for the City, the 5 VPOBA shall adjust the terms and conditions of 6 the MOU to offset any penalty the City may incur 7 at the City's option. 8 4A-3. If the 3/12 Plan is terminated as set forth 9 above, this entire subsection shall be stricken 10 from MOU and all work schedules will be in 11 accordance with the MOU, as previously amended. 12 SECTION 5: Subsection 13.3 of the MOU, pertaining to "In 13 Lieu" Holidays, which was added pursuant to Section 4 of the Third 14 Side -Letter Agreement, shall be amended to read as follows: 15 13.3 Effective September 1, 2002, Group 2 employees 16 shall receive, during the fiscal year, an 17 additional "in lieu" holiday (for a maximum of 18 10 hours) if the City Council, during such 19 fiscal year, provides an additional holiday to 20 miscellaneous/general employees in addition to 21 those holidays provided for in Resolution No. 22 7649, Vacation and Holidays. 23 SECTION 6: Subsection 17.1 of the MOU pertaining to 24 longevity, which was added pursuant to Section 5 of the Third Side- 25 Letter Agreement, shall be amended to read as follows: 26 17.1 (a) Five (5) Years of Service. All employees 27 classified in Group 2 who are employed on or 28 after July 1, 1995, who attain five (5) years of 5 1 1 consecutive uninterrupted service shall receive 2 an additional five percent (5%) per month of 3 their base salary. Such employees shall be 4 entitled to receive such five percent (5%) 5 increase upon reaching their 5tn anniversary 6 date. Such employees will not be entitled to 7 receive any additional percentage increase to 8 their base salary for further service. This 9 subsection shall only apply to all employees 10 hired on or after July 1, 1995. 11 _ SECTION 7: Section 2.4 of the MOU pertaining to salary 12 increases, which was amended pursuant to Section 2 of the Fourth Side- 13 Letter Agreement, shall be amended to read as follows: 14 2.4 The Group 2 employees shall receive a three 15 percent (3%) salary increase for fiscal year 16 2001-2002 effective September 1, 2001. Each 17 year thereafter, effective September 1 of that 18 year, the Group 2 employees shall receive a cost 19 of living salary increase in an amount equal to 20 the cost of living salary increases received by 21 Police Administration employees of the City in 22 that year. 23 SECTION 8: Subsection 15.1.1 of the MOU pertaining to 24 Police Officers' Standards and Training certificate incentive, shall 25 be amended to read as follows: 26 15. Police Officers' Standards and Training 27 Certificate Incentive: 28 15.1 Group 2 employees who have completed their - 6 - 1 evaluation period shall be entitled to Peace 2 Officers' Standard and Training ("POST") 3 certificate pay as follows: 4 15.1.1 Three percent (3%) of the employee's basic 5 monthly salary, excluding all other 6 compensation, for a POST intermediate 7 certificate. 8 15.1.2 Six percent (6%) of the employee's basic monthly 9 salary, excluding all other compensation, for a 10 POST advanced certificate. 11 15.2 Payment of the above -referenced incentive 12 compensation shall not be cumulative. Further, 13 only the highest applicable incentive pay shall 14 be paid. 15 15.3 Incentive pay shall be payable the month 16 following the month during which the certificate 17 is granted, or the month following completion of 18 the employee's evaluation period, whichever is 19 latest. 20 SECTION 9: Subsection 10.1 of the MOU, pertaining to 21 Uniform and Clothing Allowance, which was amended by Section 3 of the 22 Third Side -Letter Agreement, shall be amended effective September 1, 23 2001, to read as follows: 24 10.1 The City will pay each Group 2 employee assigned 25 to patrol, who has completed his or her first 26 year of service with the City and who is on the 27 active payroll of the Vernon Police Department 28 and is assigned to Uniform Patrol, Seven Hundred 7 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 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 1 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. - 8 - 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 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 - 9 - 1 employee is ill or injured and such absences 2 have been certified and approved by the City 3 Council. The Chief of Police may refuse to 4 certify any employee, and the City Council may, 5 in its sole discretion, withhold pay for any 6 absence due to illness or injury when the 7 employee is on the excessive absence list. 8 14A-4 No employee will be eligible for paid absence 9 due to illness or injury until after he or she 1.0 has completed completes one full year of 11 employment with the Police Department. After 12 one year of service, the employee shall be 13 eligible to be paid for his or her absences as 14 provided above. Approval for such payment shall 15 remain in the sole discretion of the City 16 Council. 17 18 19 20 21 22 23 24 25 26 27 28 - 10 - 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 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: Fernando Rodriguez, Pre t 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 Attorney