Resolution No. 9229e
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. 9229
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A
SIXTH SIDE -LETTER AGREEMENT BY AND BETWEEN THE CITY
OF VERNON AND THE VERNON POLICE OFFICERS' BENEFIT
ASSOCIATION ("VPOBA") (EMPLOYEE GROUP 2)
WHEREAS, the VPOBA and the Municipal Employee Relations
Representative of the City of Vernon (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,
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
r
2
3
4
51
6'
7
8
9
10
11
12
13
it'!
15
16
17
18
19
Ali
21
22
23
24
25
26
PZR
r-A
WHEREAS, on September 2, 1997, pursuant to Resolution No.
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,
12005; 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, on March 6, 2002, pursuant to Resolution No. 7920,
the City Council approved an Amendment to Fifth Side -Letter Agreement
amending the MOU effective March 1, 2002, to continue the 3/12 work
week; and
WHEREAS, on September 5, 2006, pursuant to Resolution No.
9119, the City Council approved a Second Amendment to Fifth Side -
Letter Agreement amending the MOU effective September 1, 2006; and
WHEREAS, Sections 2.4, 2.6, 8D, 12.1, 13.2 and 13.3 of the
MOU, as amended, provide for salary increases, premium pay, non
F.L.S.A. overtime, vacation and "in lieu" holidays for Group 2
employees; and
WHEREAS, members of the VPOBA representing Employee Group 2
and the City's representative have jointly negotiated a Sixth Side -
Letter Agreement to modify Sections 2.4, 2.6, 8D, 12.1, 13.2 and 13.3
of the MOU effective February 5, 2007; and
WHEREAS, the City Council desires to approve a Sixth Side -
Letter Agreement and authorize the execution thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
- 2 -
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 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
ratifies and approves the actions taken by the City's representative
in negotiating the Sixth Side -Letter Agreement amending the MOU.
SECTION 3: The City Council of the City of Vernon hereby
approves the Sixth Side -Letter Agreement by and between the City of
Vernon and the VPOBA (Employee Group 2), in substantially the same
form as the copy which is attached hereto as Exhibit A and
incorporated by reference.
SECTION 4: The City Council of the City of Vernon hereby
authorizes the Mayor to execute said Agreement for, and on behalf of,
the City of Vernon and the Acting City Clerk is hereby authorized to
attest thereto.
SECTION 5: The City Council of the City of Vernon hereby
authorizes the Acting City Administrator, or his designee, to make
whatever nonsubstantive, administrative and/or text changes, upon
advice of counsel, to the Agreement.
SECTION 6: The approval set forth herein is subject to all
the terms, covenants and conditions contained in the Sixth Side -Letter
Agreement.
- 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
SECTION 7: The Acting 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 February, 2007.
TTESE T:
ffANUELA GIR N
Acting City Clerk
-V r
-Au4tc�
HILARIO GON ALE , Mayor Pro-Tem
- 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
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, MANUELA GIRON, Acting City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
9229, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Monday, February 5,
2007, and thereafter was duly signed by the Mayor Pro-Tem of the City
of Vernon.
(SEAL)
MANUELA GIRON
Acting City Clerk
- 5 -
EXHIBIT
0
3
4
5
6
7
7
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
SIXTH SIDE -LETTER AGREEMENT
THIS SIXTH SIDE -LETTER AGREEMENT is entered into by and
between the City of Vernon ("City") and the Vernon Police Officers'
Benefit Association ("VPOBA") (Employee Group 2) amending the
Memorandum of Understanding dated March 1, 1988 between the Municipal
Employee Relations Representative of the City of Vernon ("MERR") and
the VPOBA (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, the Fourth
Side -Letter Agreement effective September 1, 1997, the Fifth Side -
Letter Agreement effective September 1, 2001, the Amendment to Fifth
Side -Letter Agreement effective March 1, 2002 and the Second Amendment
to Fifth Side -Letter Agreement effective September 1, 2006), to be
effective February 5, 2007.
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
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
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,
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,
2011; and
WHEREAS, the City Council of the City of Vernon approved the
Fifth Side -Letter Agreement by Resolution No. 7825 on September 5, 2001;
and
WHEREAS, the VPOBA and MERR entered into an Amendment to Fifth
Side -Letter Agreement effective on March 1, 2002 further amending the
MOU to continue the 3/12 work week; and
- 2 -
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
WHEREAS, the City Council of the City of Vernon approved the
Amendment to Fifth Side -Letter Agreement by Resolution No. 7920 on March
16, 2002; and
WHEREAS, the VPOBA and the City entered into a Second
Amendment to Fifth Side -Letter Agreement effective on September 1, 2006
further amending the MOU pertaining to salary increases; and
WHEREAS, the City Council of the City of Vernon approved the
Second Amendment to Fifth Side -Letter Agreement by Resolution No. 9119
on September 5, 2006; and
WHEREAS, the VPOBA and the City desire to enter into a Sixth
Side -Letter Agreement to further amend the MOU, as described in more
detail below, as follows:
(1) Provide a three percent (30) salary increase for fiscal
year 2006-2007 effective February 5, 2007;
(2) Allow all members of Group 2 assigned to a plain -clothes
assignment to receive premium pay;
(3) Provide overtime at the rate of time and one-half;
(4) Allow all members of Group 2 to use vacation and holiday
time in increments of '4 hour or more;
(5) Provide the same number of additional holidays as
miscellaneous employees.
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
executed on September 3, 1997, the Fifth Side -Letter Agreement executed
- 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
on September 5, 2001, the Amendment to Fifth Side -Letter Agreement
executed on March 6, 2002, and the Second Amendment to Fifth Side -Letter
Agreement executed on September 23, 2006, shall remain in full force and
effect unless further amended herein. This Amendment shall be effective
February 5, 2007.
SECTION 2: Sections 2.4, 2.6, 8D, 12.1, 13.2 and 13.3 of
the MOU, as amended, are hereby amended as indicated on Exhibit A
which is attached hereto and incorporated herein by reference.
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
m
orenzo Gayton, President
BY
Ignacio Estrada, Treasurer
ATTEST:
MANUELA GIRON
Acting City Clerk
APPROVED AS TO FORM:
JEFF HARRISON
Acting City Attorney
DATED:
DATED:
CITY OF VERNON
By:
HILARIO GONZALES, Mayor Pro-Tem
Dated:
- 4 -
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
EXHIBIT A
2.4 The Group 2 employees shall receive a three percent (3%)
salary increase for fiscal year 2006-2007 effective February 5, 2007.
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.
2.6 Premium Pay for Detective Bureau and Industrial Relations
Assignments:
In the event Detectives or Sergeants are assigned to the Detective
Division or Industrial Relations Division, he/she shall receive premium
pay equal to One Hundred Seventy -Five Dollars ($175.00) per month and
the premium pay shall not be considered to be part of the employee's
base monthly salary when computing Peace Officers Standards and
Training (P.O.S.T.) certificate incentives.
8. Overtime Practices
D. Non F.L.S.A. Overtime
All employees required to perform in excess of the one hundred and
sixty (160) hours in a standard work period of twenty-eight (28) days,
but less than one hundred and seventy-one and one -quarter (171.25)
hours in a standard work period of twenty-eight (28) days, shall
receive compensation at the following rate:
1) time and one-half his/her regular rate of pay; or
2) compensatory time on an hour for hour basis.
A-1
1 12. Vacations:
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
12.1 Group 2 employees may take all or part of their vacation
in increments of one-fourth (1-4) hour or more, as determined by the
Chief at his discretion with due regard for the wishes of the employee
and the needs of the Department. Employees must give at least two (2)
days advance written notice to the Chief, or his designee, and such
request will be honored only if, in the opinion of the Chief, or his
designee, the manpower or service level on the day or days and at the
times requested, is adequate to permit granting such a request.
13. "In Lieu" Holidays:
13.2 The said "in lieu" holiday will be credited to each
employee on each July 1, beginning July 1, 1986, which he/she is on the
active payroll of the department in a classification represented by the
Police Association in Group 2 and must be taken prior to the
immediately following July 1. Such "in lieu" holidays may be taken in
increments of one-fourth (1-4) hour or more, on dates desired by the
employee subject to the needs of the Vernon Police Department. Such
"in lieu" holidays, if not taken, shall not be paid for except if the
employee was denied as opportunity to take them off during the year for
which such "in lieu" holidays were granted. In that case only, the
employee shall be paid for said "in lieu" holidays not taken with
his/her first payroll check on or after July 1 of the year following
the year for which the "in lieu" holidays were credited, at his/her
then basic rate, excluding all other compensation, computed in
accordance with the applicable Salary Resolution of Vernon. An
employee who quits or is terminated shall not be entitled to any
compensation for "in lieu" holidays not taken.
RIM
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
13.3 Effective February 5, 2007, Group 2 employees shall
receive, during the fiscal year, the same number of additional holidays
provided to miscellaneous/general employees, if the City Council,
during the fiscal year, provides one or more additional holidays to
miscellaneous/general employees in addition to those holidays provided
for in Resolution No. 8764 (as it now exists or is amended). Any
additional "in lieu" holiday received by Group 2 employees will be for
a maximum of 10 hours per day.
A-3
AGREEMENT NOT
RECEIVED - POLICE
DEPARTMENT DOES
NOT HAVE A COPY ON
FILE
Page 1 of 2
Juarez, Debbie
From: Muro, Evangelina
Sent: Monday, September 27, 2010 3:34 PM
To: Juarez, Debbie
Subject: RE: Agreement Inquiry
Attachments: Index for VPOBA.doc
From: Juarez, Debbie
Sent: Monday, September 27, 2010 3:32 PM
To: Muro, Evangelina
Subject: FW: Agreement Inquiry
Eva. Do you have anything in your files on this that shows the status of this agreement? Thank you.
(De6orah Juarez
Records 914anagementAssistant
City of Vernon - City Cferk's Office
4305Santa 'FeAvenue
Vernon, CA 90058
(323) 583-8811
From: Lehr, Judy
Sent: Tuesday, September 02, 2008 2:40 PM
To: Romero, Debbie
Subject: RE: Agreement Inquiry
Debbie,
The 6th Side Letter was given to the Chief to get signed, but the Association had additional items they wanted to
include so it hasn't been finalized. Avigal is working on.
From: Romero, Debbie
Sent: Tuesday, September 02, 2008 9:54 AM
To: Lehr, Judy
Subject: FW: Agreement Inquiry
Hi Judy. Do you have this agreement in your files?
From: Falvo, Melody [mailto:MFaivo@covpd.org]
Sent: Tuesday, September 02, 2008 9:53 AM
To: Romero, Debbie
Subject: RE: Agreement Inquiry
I checked with the Association reps (Gaytan F± Estrada). They have not received any of the
agreements back from legal for them to sign. They said they haven't received a signed
9/27/2010
Page 2 of 2
agreement signed in about three years. Youmight want to check with legal... meanwhile,
could l get a copy of Resolution 9229?
From: Romero, Debbie[ma iIto: DRomero@ci.vernon.ca.us]
Sent: Tuesday, September 02, 2008 9:39 AM
To: Falvo, Melody
Subject: RE: Agreement Inquiry
Yes, please. Thanks Mel.
From: Falvo, Melody [mailto:MFalvo@covpd.org]
Sent: Tuesday, September 02, 2008 9:39 AM
To: Romero, Debbie
Subject: RE: Agreement Inquiry
Hi Deb:
I'm printing out the Command POST agreement. But I not only don't have the agreement
with the VPOA, I don't have the resolution approving it... If you'd like, l'll ask Larry if he has
copy?
From: Romero, Debbie[ma iIto: DRomero@ci.vernon.ca. us]
Sent: Tuesday, September 02, 2008 8:31 AM
To: Falvo, Melody
Subject: Agreement Inquiry
Hi Mel. Please let me know when you get a chance if you have a copy of the following agreements in your file
Vernon Police Officers' Benefit Association (Employee Group 2) - Approved by Res. No. 9229 02/05/07
Command Post Joint Use Agreement Between Area E Agencies — Approved by Res. No. 9444 10/15/07
Thank you.
9/27/2010
VERNON POLICE DEPARTMENT
OFFICE MEMORANDUM
January 24, 2007
TO: Judy Lehr, Legal Secretary
FROM: Steve Towles, Acting Police Chief v
SUBJECT: Amendments to Employee Group 2 M.O.U. �ES • I �� I
Acting City Administrator Fresch met with Det. Larry Gaytan,.President of the Vernon Police
Officer's Benefit Association yesterday to address certain wage and benefit issues. Following that
discussion, Mr. Fresch directed Det. Gaytan to seek my assistance in doing what is necessary to have the
following changes made to the M.O.U.
Allow all members of Group 2 assigned to a plain -clothes assignment, to receive premium pay of
$175.00 per month.
Ensure Group 2 members receive the same number of additional holidays as miscellaneous
employees may receive during the fiscal year.
Allow Group 2 employees to use vacation and holiday time in any increment of/4 hour or more.
The section relating to the premium pay for the plain -clothes assignment is found in the M.O.U. and
most recently, the Third Side Letter, under Section 2, 2.6. In order to comply with the intent of the City
Administrator, the section should read:
Premium Pay for Detective Bureau and Industrial Relations Assignments:
In the event a Police Officer, Detective or Sergeant is assigned to the Detective Division or
Industrial Relations Division, he/she shall receive premium pay equal to One Hundred Seventy -Five
Dollars ($175.00) per month and the premium pay shall not be considered to be part of the
employee's base monthly salary when computing Peace Officers Standards and Training (P.O.S.T.)
certificate incentives.
The section relating to the number of additional holidays Group 2 members may receive during a fiscal
year is found in the M.O.U. under section 13.1 & 13.2 and most recently, in the Fifth Side Letter, under
section 5, 13.3. In order to comply with the intent of the City Administrator, the section should read:
Effective February 5, 2007, Group 2 employees shall receive, during the fiscal year, the same
number of additional holidays provided to miscellaneous /general employees, if the City Council, during
the fiscal year, provides one or more additional holidays to miscellaneous /general employees in
addition to those holidays provided for in Resolution No. 8764. Any additional "in lieu " holiday received
by Group 2 employees will be for a maximum of 10 hours per day.
The sections relating to the incremental use of vacation and holiday time by Group 2 employees is found
in the M.O.U. under section 12, 12.1 and section 13, 13.2. In order to comply with the intent of the City
Administrator, the sections should read:
12.1 Group 2 employees may take all or part of their vacation in increments of 1/ hour or more,
as determined by the Chief at his discretion with due regard for the wishes of the employee
and the needs of the Department. Employees must give at least two days advance written
notice to the Chief or his designee and such request will be honored only if, in the opinion
of the Chief or his designee, the manpower or service level on the day or days and at the
times requested, is adequate to permit granting such a request;
13.2 "...such in lieu holidays may be taken in increments of 1/ hour or more, on dates desired by
the employee subject to the needs of the Vernon Police Department. Such in -lieu holidays...
Please let me know if you have any further questions regarding these issues.
VERNON POLICE OFFICERS' BENEFIT ASSOCIATION
Resolution No.
Date Adopted
Approving
5489
3/15/88
MOU
6001
1/21/92
First Side Letter Agreement "
6258
10/5/93
Second Side Letter Agreement
6656
7/11/95
Third Side Letter Agreement
7009
9/2/97
Fourth Side Letter Agreement
7825
9/5/01
Fifth Side Letter Agreement
7920
3/6/02
Fifth Side Letter Amendment
9119
9/5/06
Fifth Side Letter Amendment No. 2
9229
2/5/07
Sixth Side Letter Agreement
(Agreement never signed)
9788
REMOVED at City Council
Meeting on 12/15/2008
Title Read: Approving and Authorizing
Execution of a MOU and Repealing
Resolution No. 9229