Resolution No. 79201
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RESOLUTION NO. 7920
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AMENDMENT TO 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) years 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,
12001; 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,
112005; and
WHEREAS, on September 5, 2001, pursuant to Resolution No.
7825, the City Council approved a Fifth Side -Letter Agreement amending
the MOU effective September 1, 2001, which, among other things,
extended the MOU for a period of six (6) years to August 31, 2011; and
WHEREAS, Section 4A-1 of the Fifth Side -Letter Agreement
indicates that the City will evaluate the 3/12 Plan by January 31,
2002, in order to determine whether the 3/12 Plan should continue; and
WHEREAS, by letter dated February 28, 2002, Bruce V.
Malkenhorst, City Administrator/City Clerk, has recommended that the
3/12 work schedule for Police Group 2 employees be approved and
accepted, which acceptance does not preclude the City, in the
discretion of the City Council, from adjusting the schedule; and
WHEREAS, the City Council desires to approve an amendment to
the Fifth Side -Letter Agreement and the execution thereof by the MERR,
which amendment shall be effective March 1, 2002.
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
Ifinds and determines that the recitals contained hereinabove are true
land correct.
SECTION 2: The City Council of the City of Vernon hereby
approves an Amendment to 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.
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SECTION 3: The City Council of the City of Vernon hereby
authorizes Bruce V. Malkenhorst, the MERR, to execute the Amendment to
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 Amendment to
Fifth Side -Letter Agreement.
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 6th day of March, 2002.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
EONIS C. MALB RG, Ma or
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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.
7920, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday, March 6,
2002, and thereafter was duly signed by the Mayor of the City of
Vernon.
BRUCE V. MALKENHORST, City Clerk
(SEAL)
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EXHIBIT
FAA
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AMENDMENT TO FIFTH SIDE -LETTER AGREEMENT
THIS AMENDMENT TO THE 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 Fifth Side -Letter
Agreement between the VPOBA and the MERR, to be effective March 1, 2002.
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
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,
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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 entered into a Fifth Side -Letter
Agreement executed on September 5, 2001 further amending the MOU
effective September 1, 2001 and extending the MOU term to August 31,
12011; and
WHEREAS, the City Council of the City of Vernon approved the
Fifth Side -Letter Agreement by Resolution No. 7825 on September 5, 2001;
land
WHEREAS, Section 4A-1 of the Fifth Side -Letter Agreement
provides that the City will evaluate the 3/12 Plan by January 31, 2002,
in order to determine whether the 3/12 Plan should continue; and
WHEREAS, the VPOBA and MERR desire to amend the Fifth Side -
Letter Agreement to continue the 3/12 work week.
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, the Fourth Side -Letter Agreement
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executed on September 3, 1997 and the Fifth Side -Letter Agreement
executed on September 5, 2001, shall remain in full force and effect
unless further amended herein. This Amendment shall be effective
March 1, 2002.
SECTION 2: Subsection 4A-1 of the MOU pertaining to
work schedules, shall be amended to read as follows:
4A-1. 3/12 Plan. The City agrees to continue the 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 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,
night in any manner, and that a decision to terminate such
3/12 Plan is not subject to the meet and confer process.
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
IBY DATED:
Fernando Rodriguez, President
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
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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) 826-1438
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
March 20, 2002
Sergeant Fernando Rodriguez
4305 Santa Fe Avenue
Vernon, CA 90058
Re: Amendment to Fifth Side -Letter Agreement
Dear Mr. Rodriguez:
EDUARDO OLIVO
City Attorney
FAX: (562) 869-1883
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 826-1425
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
BRUCE W. OLSON
Police Chief _
FAX: (323) 826-1481
Transmitted herewith is a duplicate original copy of the above
referenced and a copy of Resolution No. 7920 approved by the Vernon
City Council on March 6, 2002.
Sgt. Rodriguez, if you have any questions regarding this matter,
please call Bruce V. Malkenhorst at ext. 266.
Very truly yours,
Nel Gi n
Assistant Chief Deputy City Clerk
NG/mt
CC: Bruce V. Malkenhorst
Agreement File #02-011
Resolution No. 7920