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Resolution No. 8764 l' " 1 2 3 RESOLUTION NO. 8764 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON ESTABLISHING VACATION POLICIES, HOLIDAYS AND "IN LIEU" HOLIDAYS FOR EMPLOYEES OF THE CITY OF VERNON AND REPEALING ALL RESOLUTIONS IN CONFLICT THEREWITH 5 6 WHEREAS, the City Council of the City of Vernon adopted 7 Resolution No. 7649 on October 17, 2000r which established the vacation 8 policies, holidays and "in lieu" holidays for employees of the City of 9 Vernon; and 10 WHEREAS, the City Council of the City of Vernon adopted 11 Resolution No. 5641 on June 27, 1989, which, among other things, 12 established a four (4) day work week for certain City employees; and 13 WHEREAS, the City Council of the City of Vernon desires to 14 amend Resolution No. 7649 in order to amend and clarify its policies 15 governing vacations, holidays and "in lieu" holidays in a manner that 16 will be fair and equitable to all City employees; and 17 WHEREAS, the working schedules of various employees of the 18 City departments are not the same. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 20 OF VERNON AS FOLLOWS: 21 SECTION 1: The City Council of the City of Vernon hereby 22 finds and determines that the recitals contained hereinabove are true 23 and correct. 24 VACATION BENEFITS 25 SECTION 2: Light & Power Department - Rotating Shifts 26 The vacation benefits for certain eligible, regular, full- 27 time employees of the Light & Power Department of the City of Vernon, 28 who work rotating shifts and whose duties are such that they do not 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 l 28 ~ ~ have or receive the time-off benefits of regular legal holidays, are provided in Schedule "A" which is attached hereto and incorporated herein by reference. SECTION 3: Police and Light & Power Departments - Five Day Work Week The vacation benefits for all eligible, regular, full-time employees in the Police Department and Light & Power 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 anyone 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 reference. In order to avoid the necessity of employing additional personnel during vacation periods, such employees may not take more than - 2 - 27 28 . . " 1 twelve (12) working days at anyone time, The only exception to the 2 above policy is that a Department Head may, for good reason, in his or 3 her discretion, authorize an eligible employee to take all of his or her 4 vacation time at the same time. 5 SECTION 5: Police Department - Nine Day, Eighty Hour Work Schedule 6 7 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 "0" which is attached hereto and incorporated herein by 8 9 10 11 reference. 12 13 In order to avoid the necessity of employing additional personnel during vacation periods, such employees may not take more than 14 fourteen (14) working days at anyone time. The only exception to the 15 16 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 17 18 vacation time at the same time. SECTION 6: Fire Department - Shifts 19 6.1. Fire Department employees engaged in fire suppression 20 shall be annually scheduled to work one hundred twenty-two (122), 21 twenty-four (24) hour shifts. Said one hundred twenty-two (122) shifts 22 23 shall constitute the gross shifts to be scheduled. 24 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 25 26 reference. 6.3. The shifts which employees are entitled to deduct pursuant to Schedule "E" shall be scheduled as shifts off on a year- - 3 - ~ ~ 1 around basis, subject to the following provisions: 2 6.3.1. The procedures and mechanics for the scheduling 3 of shifts off and the selection of scheduled shifts off shall 4 be established by the Fire Chief in accordance with the provisions of 5 this Subsection and/or the Fire Department's Rules and Regulations. 6 6.3.2. Selection of shifts off shall be by rank and 7 according to seniority within rank. 8 6.3.3. No more than six (6) personnel in any platoon 9 shall be scheduled off duty at anyone time. 10 6.3.4. Employees who have completed ten (10) or more 11 years of service and are entitled to deduct two (2) additional shifts 12 off pursuant to Schedule "E," shall have the option to accept pay 13 instead of time off at the employee's salary schedule rate for such two 14 (2) shifts, or to be scheduled off duty for the additional two (2) 15 shifts. This option must be exercised simultaneously with the selection 16 of shifts off pursuant to this Section. Warrants shall be issued during 17 the month of April to all eligible Fire Department personnel who have 18 selected the option to accept pay instead of time off pursuant to this 19 Section. The amount each eligible person shall receive shall be based 20 on his or her monthly salary as of April 1st of the current year. On 21 April 1st of each year, the Fire Chief shall submit to the City 22 Clerk/Director of Finance a certified list of Fire Department personnel 23 who are eligible to receive the extra pay as authorized by this Section. 24 6.4. Any employee who is permanently transferred out of the 25 fire suppression service shall be paid for his or her unused shifts off 26 to which he or she became entitled on his or her immediately preceding 27 anniversary date at his or her hourly rate and shall become eligible for 28 vacation benefits on his or her next following anniversary date in - 4 - . . ~ " 1 accordance with City ordinances, resolutions and policies applicable to 2 the classification in which he or she works. 3 6.5. Any employee with (1) or more years of continuous service 4 who is transferred to fire suppression shall be entitled to a 5 proportionate number of shifts off to be scheduled during the remainder 6 of his or her current anniversary year, unless he or she has already 7 received the vacation benefits to which he became entitled on his 8 immediately preceding anniversary date in his or her prior 9 classification. 10 SECTION 7: Maximum Vacation Allowed 11 It is the intention of the City Council that the maximum 12 vacation leave that any employee shall earn in any calendar year shall b 13 seventeen (17) days for those employees designated in Section 4, twenty- 14 one (21) working days for those employees designated in Section 3 and 15 nineteen (19) working days for those employees designated in Section 5. 16 SECTION 8: Approval of Vacation 17 All vacation periods shall be authorized or approved by each 18 Department Head and shall be taken by said employee or employees during 19 the applicable calendar year or anniversary period. 20 21 SECTION 9: Accumulation of Vacation Benefits 9.1 No vacation or other benefits provided for herein for any 22 employee of the City of Vernon shall be accumulated from calendar year 23 to calendar year or anniversary period to anniversary period, nor shall 24 the same be for if not utilized during.:)9~9 period(s), igible miscella.neous employees, sworn safety personnel 25 except for 26 in the Fire Department and sworn management personnel in the Police 27 Department as provided hereunder. 28 9.2 Miscellaneous employees, sworn safety personnel - 5 - . . ~ ~ ~ 1 in the Fire Department and sworn management personnel in the Police 2 Department shall be permitted to accumulate a maximum of forty (40) 3 hours of vacation that may be carried over to the following year. The 4 employee's failure to schedule vacation time in excess of said forty 5 (40) hours prior to the end of the calendar year shall be deemed a 6 waiver by the employee of the right to take the same or to be 7 compensated for said unused accumulated vacation benefit. 8 9.3 Sworn safety personnel in the Fire Department working 24 9 hour rotating shifts shall be allowed to carryover a maximum of two (2) 10 shifts per calendar year. If more than two (2) shifts are available at 11 the end of the calendar year, the employee shall not be compensated for 12 the shifts/hours exceeding the two (2) shift maximum carryover. 13 9.4 All full-time employees of the City of Vernon, except 14 sworn fire suppression personnel and Police Department classification 15 represented by the Vernon Police Officers' Benefit Association, shall 16 earn and utilize their vacation benefits as provided for herein on an 17 anniversary-date basis during the first five (5) years, effective as of 18 July 1, 1989. Beginning in the sixth (6th) year, the vacation benefits 19 shall be earned and used on a calendar-year basis. Vacation benefits 20 shall be prorated during the year of transition between the fifth (5th) 21 year and the sixth (6~) year. 22 SECTION 10: Department Heads 23 All Department Heads are responsible to see that they take 24 vacation authorized herein, with the approval of the City 25 Administrator. Failure to so schedule a vacation, or take the same, 26 without the City Administrator's approval, shall be deemed a waiver of 27 the right to take the same or be compensated for the same in any 28 subsequent calendar year. - 6 - 1 2 . . '. \ ,. HOLIDAYS SECTION 11: City Holidays 3 The following days shall be deemed to be holidays for the City 4 of Vernon and the public offices of the City of Vernon shall be closed 5 6 on these days: (1) (2) (3 ) ( 4 ) (5 ) ( 6) (7) (8 ) ( 9) 7 8 9 10 11 12 13 14 15 16 January 1st; January 16th, known as "Martin Luther King Jr. Day'" The third Monday in February known as "President's Day;" March 31st, known as "Cesar Chavez Day;" The last Monday in May known as "Memorial Day;" July 4th; The first Monday in September known as "Labor Day;" The second Monday in October, known as "Columbus Day;" (10) December 25th; November 11th, known as "Veteran's Day;" 17 (11) Good Friday, from 12 noon to 4:30 p.m.; (12) The day in November designated as "Thanksgiving Day;" 18 (13) The Friday after "Thanksgiving Day;" 19 (14) Every day appointed by the President or Governor for a 20 public fast, thanksgiving, or holiday; and 21 (15) Such other days as may be designated as holidays by the 22 City Council of the City of Vernon. 23 If January 1st, January 16, March 31st, July 4th, November 24 11th, or December 25th falls upon a Saturday, the preceding 25 Friday shall be deemed to be a holiday; or, if any of said dates falls 26 upon a Sunday, the following Monday shall be deemed to be a holiday. 27 The general City offices shall be closed on each Friday, 28 Saturday and Sunday; except, that as to any employee whose regularly - 7 - " " 1 scheduled work shift includes either a Friday, Saturday or a Sunday, suc 2 shall not be deemed to be a holiday for any purpose. 3 SECTION 12: Holidays Falling on a Friday, Saturday or Sunday 4 Employees participating in the four (4) day work week shall 5 not receive the benefit of holidays falling on a Friday or Saturday, 6 but shall receive the benefit of holidays falling on Sunday by 7 celebrating said holidays on the following Monday. Employees 8 participating in the nine (9) day, eighty (80) hour work schedule, 9 shall not receive the benefit of holidays falling on a Friday, if they 10 have a regularly scheduled day off on that Friday, or holidays falling 11 on a Saturday, but shall receive the benefit of holidays falling on 12 Sunday by celebrating said holidays on the following Monday. 13 SECTION 13: In Lieu Holidays 14 All full-time employees of the Police Department, and Light & 15 Power Department of the City of Vernon, whose duties are such that they 16 do not receive the benefits of regular legal holidays shall be granted 17 "in lieu" .holidays in accordance with Schedule "F" which is attached 18 hereto and incorporated herein by reference. Such "in lieu" holidays 19 shall only be granted so long as said employee is on the active payroll 20 of the Department and said "in lieu" holidays must be taken prior to 21 June 30th or December 31st, whichever is applicable. 22 Such "in lieu" holidays may be taken as days off on dates 23 desired by the employee subject to the convenience of the Department, or 24 as assigned by the Department. Such "in lieu" holidays, if not taken, 25 shall not be paid for unless the employee was denied an opportunity to 26 take them off during the year for which such "in lieu" holidays were 27 granted. In that case only, the employee shall be paid for said "in 28 lieu" holidays not taken with his or her first payroll check on or after - 8 - . , . " '. . . 1 June 30th or December 31st of the year in which the "in lieu" holidays 2 were granted, at his or her then basic rate, excluding all other 3 compensation, computed in accordance with the applicable salary 4 resolution of the City of Vernon. An employee who quits or is 5 terminated shall not be entitled to any compensation for "in lieu" 6 holidays not taken unless previously denied. "In lieu" holidays shall 7 not be considered when determining the maximum amount of vacation 8 benefits granted to said employees. 9 MISCELLANEOUS 10 SECTION 15: Nothing contained herein shall modify Resolution 11 No. 4677 (four-day work week) nor affect employees participating in 12 said program. 13 SECTION 16: It was and is the intention of the City Council 14 that all employees serve at the pleasure of the City Council and nothing 15 provided for herein shall be deemed to create a property right in said 16 employee's employment. 17 SECTION 17: This Resolution shall take effect immediately, 18 and shall remain in full force and effect unless repealed by action of 19 the City Council of the City of Vernon, and that Resolution No. 7649 is 20 specifically repealed, and all resolutions or minute orders in conflict 21 with this resolution are hereby repealed. 22 SECTION 18: The City Clerk of the City of Vernon shall 23 certify to the passage of this resolution and thereupon and thereafter 24 the same shall be in full force and effect. 25 26 27 28 APPROVED AND ADOPTED this 29th day of June, 2005. ~~~~ P" . E;ONIS C. MALE RG, Mayor AT~S-U<<L C{ YUJjJr~ BRUCE V. MALKENHORST, ...(3-:t-1::y--G-rerk- Acting City Clerk - 9 - 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 " 1 STATE OF CALIFORNIA 2 COUNTY OF LOS ANGELES 3 ss " , . 5 6 hereby certify that the foregoing Resolution, being Resolution No. I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do 4 8764, was duly adopted by the City Council of the City of Vernon at an 7 adjourned regular meeting of the City Council duly held on Tuesday, 8 9 of Vernon. June 29, 2005, and thereafter was duly signed by the Mayor of the City 10 11 ~ ~ UCE V. MALKENHORST,-e~t)r~~~ Acting City Clerk (SEAL) - 10 - . . ~ '. . . SCHEDULE A 1 2 3 4 5 VACATION SCHEDULE "A" Department Number of Years Employed 6 LIGHT & POWER DEPARTMENT: 7 Rotating Shifts (No Regular HOlidays)l 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8 9 After completion of: 1 st year thru 9th Year loth year thru i4th Year 15th year and more, plus2 Number of Vacation Hrs. 120 160 160 Light & Power personnel on rotating shifts receive In Lieu Holidays pursuant to Schedule "F.U Personnel in said category receive on~ week's salary on anniversary date in addition to allotted vacation. 2 A-I . ." , . SCHEDULE 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" Department Po1ice Department: 5/83 Dispatchers, & Vernon Service Officers Light & Power Department: 5/83 Work Week 3 Number of Years Employed After completion of: 1 st year thru 9th year 10~ thru 24~ Year 25th Year and above After completion of: 1 st year thru 4 th year 5th year thru 9th year 10~ year thru 14~ year 15th year thru 24th year 25~ Year and more Number of days per week and hours per day. B-1 Number of Vacation Hrs. 120 160 168 80 96 120 160 168 . . ~ . ,. .. SCHEDULEC 19 20 21 22 23 24 25 26 27 3 28 1 VACATION SCHEDULE "c" 2 3 4 5 Department 6 General City Personnel: 4/103 Miscellaneous Employees Employees (All Miscellaneous Administration, General Maintenance Employees & Miscellaneous Fire Administration) 7 8 9 10 11 Police Department Sworn: Police Department Sworn Management Personnel: 4/104 Captain, Patrol Lts. & Plainclothes Lts. 12 13 14 Police Department Group 2 4/10 (P.O.s /Sergeants) 15 16 17 18 Fire Department: Sworn Management4 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 5ili thru to 9ili Year 10th thru 14th Year 15th thru 24th Year 25ili Year and more After completion of: 1st year thru 9th year 10th year thru 24th year 25ili year and more After completion of: 1st year thru 9th year 10th thru 24th year 25th year or more After completion of: 1st year thru 9th year 10th thru 24th year 25ili year and above " Number of Vacation Brs. 80 100 120 160 170 120 160 170 120 160 170 120 160 170 Number of days per week and hours per day. Vacation may instead be based on years of service at time of promotion or reassignment with administrative and/or City Council approval. 4 C-l . , '. " ., '. SCHEDULE D 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . , , . 1 2 3 4 " VACATION SCHEDULE nD" Department 5 Police Department Sworn: 6 9/805 Chief of Police 7 Police Department: Miscellaneous Office Personnel: 9/806 (Police Secretary, Transcriber Typists, Records Manager, Asst. Records Manager, & Civilian Court Officer) 5 Number of Years Employed After completion of: 1st year thru 9th Year 10th thru 24th year 25th year or more After completion of: 1st year thru 4 th Year 5th thru 9th Year 10th thru 14th Year 15th thru 24th Year 25ili Year & above " .:. Number of Vacation Hrs. 126 162 171 81 99 126 162 171 Number of days worked arid number of hours compensated for in a two week pay period. D-l . , , . .. -"41, __ SCHEDULE E 1 2 3 4 VACATION SCHEDULE "E" Department Number of Years Employed Number of Vacation Hrs. 5 Fire Department: 10 11 6 7 8 9 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 After completion of: 24 Hour Shift Personnel: Battalion Chief & 24 Hour Fire Captains8 & Firefighters 1st year thru 9th Year 10th thru 24th Year 25th Year 13 S/O'S9 15 8/0' SlO 16 S/O's 8 Fire Captains and Firefight~rs may utilize only two (2) shifts off in six (6) hour increments. S/O's means Shift(s) Off, a term used in the Fire Department in lieu of the term vacation. 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. 9 10 E-l ~ . '.. ....' ..4... ., SCHEDULE F 19 20 21 22 23 24 25 26 27 28 10 11 12 13 14 15 16 17 18 . w. -. \.0 1 2 DEPARTMENT IN LIEU HOLIDAY SCHEDULE "F" In Lieu Holidays 3 4 5 6 7 8 Department Number of In Lieu Holiday Hours POLICE DEPARTMENT: 5/89Work week: Dispatchers & Vernon Service Officers 40 Hrs per calendar yearW 9 4/1010 Work week: Patrol Lieutenants12 80 Hrs per calendar year 80 Hrs per fiscal year" Group 2 (Officers & Sergeants) LIGHT & POWER DEPARTMENT: Rotating Shift Work Week 5/810 Work Week 40 hours per fiscal Yearu 8 hours given when required to work any city designated holiday 9 10 11 Number of days per week and hours per day. Plus any additional holidays granted by the City Council. 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. Plus any additional holidays granted by the City Council. 12 F-l