Resolution No. 9454I RESOLUTION NO. 9454
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 VERNON APPROVING AND ADOPTING REVISED EMPLOYEE
UNIVERSITY EDUCATION LOAN PROGRAM GUIDELINES AND
4 FORM EMPLOYEE TUITION LOAN REIMBURSEMENT AGREEMENT
5
6 WHEREAS, on December 20, 2006, the City Council of the City
7 of Vernon adopted the City of Vernon Employee University Education
8 Program Guidelines and form Employee Tuition Reimbursement Agreement
9 (the "Old Program"); and
10 WHEREAS, on October 2, 2007, the City Attorney reviewed the
11 Old Program with the City Council; and
12 WHEREAS, the City Council of the City of Vernon desires to
13 revise the Old Program effective November 6, 2007, to be a loan to
14 employees for the advancement of their education, subject to repayment
15 through payroll deduction, after taxes; and
16 WHEREAS, the City Council of the City of Vernon wishes to
17 allow those employees currently enrolled under the Old Program to
18 continue with the Old Program and intends that those employees
19 enrolling after November 6, 2007 shall fall under the revised program.
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
21 CITY OF VERNON AS FOLLOWS:
22 SECTION 1: The City Council of the City of Vernon hereby
23 finds and determines that the recitals contained hereinabove are true
24 and correct.
25 SECTION 2: The City Council of the City of Vernon here by
26 approves and adopts the City of Vernon Employee University Education
27 Loan Program Guidelines (Revised November 6, 2007), a copy of which is
28 attached hereto as Exhibit A and incorporated by Reference. Said
I Guidelines will become effective November 6, 2007.
2 SECTION 3: The City Council of the City of Vernon hereby
3 approves and adopts the form Employee Tuition Loan Reimbursement
4 Agreement, University Education Program (Revised November 6, 2007) in
5 substantially the same form as the copy which is attached hereto as
6 Exhibit B and incorporated by reference, in accordance with the City
7 of Vernon Employee University Education Loan Program Guidelines
8 (Revised November 6, 2007), with the intent that the same shall be a
9 binding contract between the City and the employee upon acceptance by
10 the City Administrator. Said form agreement shall be effective
11 November 6, 2007.
12 SECTION 4: The City Council of the City of Vernon hereby_
13 allows those employees currently enrolled under the Old Program to
14 continue with the Old Program under the guidelines and agreement under
15 which the Old Program existed.
16 SECTION 5: The City Council of the City of Vernon hereby
17 authorizes the City Administrator, or his designee, to make whatever
18 nonsubstantive, administrative and/or text changes, upon advice of
19 counsel, to the form Employee Tuition Loan Reimbursement Agreement,
20 University Education Program (Revised November 6, 2007).
21 SECTION 6: The City Council of the City of Vernon hereby
22 authorizes and empowers the City Administrator and/or his designee to
23 execute individual copies of the form Employee Tuition Loan
24 Reimbursement Agreement, University Education Program (Revised
25 November 6, 2007) on an as -needed basis and to make whatever
26 nonsubstantive and administrative changes, upon advice of counsel, to
27 the form Agreement as is necessary to carry out the intent of this
28 .Resolution. Such additions, deletions and other changes therein as
- 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
251
26
27
0FMI
the City Administrator and/or his designee executing the Agreement may
approve, is conclusively evidenced by the execution and delivery of
the Agreement.
SECTION 7: 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 November, 2007.
TTEST :
IIMNUELA GIRON, Pity Clerk
Diu
Name:
Leonis . Malburg
Title: Mayor �Ia r--ram
- 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
F11:1
19
20
21
22
23
24
25
26
27
28
STATE OF CALIFORNIA )
ss
COUNTY OF LOS ANGELES )
I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 9454, was
duly adopted by the City Council of the City of Vernon at an adjourned
regular meeting of the City Council duly held on Tuesday, November 6,
2007, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of
the City of Vernon.
/,,� A.,
'ffAffVELA GIkONJ City Clerk
(SEAL)
- 4 -
EXHIBIT A
CITY OF VERNON
EMPLOYEE UNIVERSITY EDUCATION LOAN PROGRAM
GUIDELINES
(Revised November 6, 2007)
This program is to assist those employees who wish to pursue
further education, who have met the City's criteria for said
program, and who would like to enter into a loan agreement with
the City to participate in said program. This Program is not to
be used concurrently with any other educational assistance
program offered by the City. Furthermore, participation in the
Employee University Education Program is at the will and
pleasure of the City of Vernon Personnel Committee and/or City
Council.
EDUCATION PROGRAMS
•: Bachelor
•o Master
❖ Specialized Certificates
EMPLOYEE QUALIFICATION CRITERIA
❖ Eligibility - at least two years of continuous
uninterrupted regular full-time employment with the City.
Employees who are temporary, provisional, on leave of
absence, probation, or who have returned to probationary
status, or are not considered regular employees, shall not
be eligible.
❖ Overall minimum evaluation scores within the last twelve
months from application date:
Staff 3.00 and/or A & B rating scores
Supervisors 3.50 and/or A & B rating scores
❖ Written communication from employee expressing his/her
desire to participate in the program shall include:
Type of program desired.
University of preference.
Estimated cost for the program.
':• Written recommendation from Department Head for employee to
participate in the program.
City of Vernon
University Education Program Guidelines
INELIGIBILITY - an overall rating of less of 3.00 and/or three
(3) or more C's on the employee's evaluation within the last
twelve months from the application date.
ADMINISTRATION - the Personnel Department shall administrate the
program.
MAXIMUM LOAN LIMITS
❖ Bachelor Degree up to $25,000.00 per 12-
month period.
❖ Master Degree - up to $25,000.00 total.
❖ Specialized Certificates or
other approved program up to $15,000.00 total.
EMPLOYEE LOAN PAYBACK PERIOD (INTEREST FREE)
❖
36-month
agreement
- up to $15,000.00 total.
❖
48-month
agreement
- $15,001.00 to $25,000.00
❖
60-month
agreement
- $25,001.00 to $35,000.00
❖
72-month
agreement
- $35,000.00 and over
APPROVAL FOR PARTICIPATION IN THE EDUCATION PROGRAM
❖ Recommendation from Department Head and a written statement
from the employee communicating his/her interest to
participate in the University Education Program shall be
submitted to the Personnel Committee for approval. Final
approval is at the sole discretion of the Personnel
Committee and/or City Council.
❖ Upon approval from the Personnel Committee, an Employee
Tuition Loan Reimbursement Agreement shall be entered into
between the employee and the City. The loan agreement will
outline the responsibilities of the employee, terms of the
agreement, payroll deduction arrangements and other
conditions of the Program.
❖ Employee shall submit a loan payback schedule every time a
tuition loan reimbursement is requested indicating the
accumulated grand total due to the City. At the conclusion
of the course, the Employee shall submit an application for
2
City of Vernon
University Education Program Guidelines
reimbursement form to the department head and shall present
all receipts and final grades at the end of each
semester/quarter with such request. A grade of C or better
is required for eligibility for such reimbursement.
❖ Loan repayments will be made through payroll deduction,
after taxes, on a bi-weekly basis.
❖ Employees in the Program should be aware that the interest
foregone by the City could be treated as -income to the
employee, for tax purposes, in the year the loan was made.
While the IRS may treat the loans under the Program as
falling within a de minimis exception applying to small
interest sums, employees should refer questions to their
tax advisor. The City makes no representation whatsoever
regarding the tax consequences to the individual employee.
EMPLOYEE SEPARATION
In case of employment separation from the City, under any
circumstances, the amount due to the City in accordance with
the employee interest free loan payback schedule shall be paid
in full to the City within ten (10) days of separation.
3
EXHIBIT 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
EMPLOYEE TUITION LOAN REIMBURSEMENT AGREEMENT
UNIVERSITY EDUCATION PROGRAM
(Revised November 6, 2007)
THIS TUITION LOAN REIMBURSEMENT AGREEMENT is made, entered
into and executed in duplicate originals, either copy of which may be
considered and used as the original hereof for all purposes, as of the
day of 20 in the City of Vernon, County of
Los Angeles, California,
BY AND BETWEEN City of Vernon, a Municipal
Corporation (hereinafter
referred to as "City")
AND
(hereinafter referred to as
"Employee")
RECITALS
WHEREAS, Section 7.6 of the Charter of the City of Vernon
provides that "All city employees shall serve at the will and pleasure
of the city council;" and
WHEREAS, Employee shall not have any property rights in his
or her employment but will serve solely at the will and pleasure of
the City Council; and
WHEREAS, the City requires all new employees to be regularly
evaluated for at least one (1) year evaluation period; and
WHEREAS, the City and Employee desire to memorialize the
terms and conditions under which the Employee will participate in the
financial arrangement for interest -free tuition loan reimbursement
1
1
2
3
4
a
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
11offered by the City pursuant to the Employee University Education Loan
�jProgram Guidelines (the "Guidelines"), a copy of which will be
lisupplied to the Employee upon execution of this Agreement; and
WHEREAS, Employee represents that he or she is eligible to
participate in the Employee University Education Loan Program after
j1having met all the requirements set forth in the Guidelines; and
WHEREAS, Employee shall agree to pay back the interest -free
(loan for at least thirty-six (36) months or the appropriate payback
period as indicated in the Guidelines and authorize the City to deduct
from each paycheck the amount identified in the loan payback schedule
attached hereto; and
WHEREAS, the employee leaves the City of Vernon either
voluntarily or involuntarily, under any circumstances, then
reimbursement for the balance of the loan shall be made forthwith in
accordance with the Guidelines.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND
AGREEMENTS HEREIN CONTAINED THE PARTIES HERETO AGREE AS FOLLOWS:
SECTION 1: The City and Employee hereby agree that the
recitals contained hereinabove are true and correct.
SECTION 2: The City agrees to make an interest -free loan
to the employee to provide financial assistance for the Employee's
further education in obtaining a Bachelor Degree, Master Degree,
Specialized Certificate or Approved Program in a sum in accordance
with the Guidelines. Employee agrees to reimburse the City in
accordance with the Guidelines. A copy of a form Employee Loan
Payback Schedule is attached hereto as Exhibit A and incorporated by
reference.
SECTION 3: Employee authorizes the City to deduct from
each paycheck of the employee the amount identified in the loan
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
payback schedule attached hereto until the amount identified in the
loan payback schedule has been paid. Employee may elect to pay the
remaining unpaid balance at any time prior to the last payroll
deduction.
SECTION 4: In the event the Employee leaves his or her
employment with the City, either voluntarily or involuntarily, under
any circumstances, then reimbursement for the balance of the loan
shall be made as specified by the Guidelines.
Upon separation of employee from employment with the City
for any reason, the remaining amount to be paid to the City under this
agreement shall immediately become due and payable, and Employee
hereby authorizes City to withhold from his/her final pay, any and all
amount remaining under this agreement. Should Employee, after five
days of issuance of his/her final check, still have a remaining
balance, interest will be charged on said balance at a rate of 50
computed daily and payment must be remitted in full within 35 days
after his/her final paycheck. If payment in full is not remitted by
said 35 days, City shall seek legal remedy to which Employee shall be
responsible for said legal costs.
Employee agrees that he or she does not have a property
right in employment and that he or she serves at the will and pleasure
of the City Council.
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 5: This Agreement shall become effective
commencing 20 This agreement supersedes any
and all written or oral agreements, proposals and communications
concerning the Program.
IN WITNESS WHEREOF, the City has caused this Agreement to be
signed and executed on its behalf by the City Administrator, and the
Employee has signed and executed this Agreement, both in duplicate,
the day and the year first above written.
CITY OF VERNON
Eric T. Fresch, City Administrator
Employee
10
ovillsll
a
O
0
0O
�
s O o
0 0
�Oo
O O O
O N M O
O O O
O ff3 6e- ^O
0 0
O O O
0
O O O
O O O O
Ln�,•;�n
�,-;000
b9 -bq boa
63 O O O
0 0 0
C C 0
0 �i
"
-rs Uq 6cp
0 tb m m m m
a1:)�a�
0 4-
0 0
UGO U
cd m O . M i'
� 'D l`
0
PLO
an
C
c�aa�a
U
O
N
UAw
Id
�a�M o
0
w�A
� UUi
of
CZ
0
.� 0~
aw
�
0
�a
a�
Q
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: November 15, 2007
TO: Rory Burnett, Director of Finance
Sharon Duckworth, City Treasurer
Donal O'Callaghan, Director of Light & Power
Lewis Pozzebon, Director of Environmental Health
Steve Towles, Chief of Police
Martha Valenzuela, Director of Personnel/Purchasing Agent
Mark Whitworth, Fire Chief
Kevin Wilson, Director of Community Services & Water
Willard Yamaguchi, Chief Deputy City Attorney/Risk Manager
FRO Nelly Giron, City Clerk
RE: Resolution No. 9454 - A Resolution of the City Council of
the City of Vernon Approving and Adopting Revised Employee
University Education Loan Program Guidelines and Form
Employee Tuition Loan Reimbursement Agreement
Transmitted herewith is a copy of Resolution No. 9454 referenced
above, which was approved by City Council November 6, 2007.
Thank you.
NG:dr
c: Kristen Enomoto
Nelly Giron
Karina Rueda
Resolution File No. 9454
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. 9544
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON MERGING THE EMPLOYEE UNIVERSITY EDUCATION
LOAN PROGRAM AND THE DISCRETIONARY EDUCATIONAL
ASSISTANCE PROGRAM, APPROVING AND ADOPTING A
REVISED EMPLOYEE UNIVERSITY EDUCATION LOAN PROGRAM
GUIDELINES AND FORM EMPLOYEE TUITION LOAN
REIMBURSEMENT AGREEMENT AND REPEALING ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
THEREWITH
WHEREAS, on September 19, 1995, the City Council of the City
of Vernon adopted Resolution No. 6687, as amended, establishing a
Discretionary Educational Assistance Program; and
WHEREAS, on November 6, 2007, the City Council of the City of
Vernon adopted Resolution No. 9454 approving and adopting a revised
Employee University Education Loan Program Guidelines and form Employee
Tuition Loan Reimbursement Agreement; and
WHEREAS, the City Council believes that continuing education
by City employees not only personally benefits those employees taking
courses but also enhances job performance which benefits the City; and
WHEREAS, the City Council desires to merge the Employee
University education Loan Program and the Discretionary Educational
Assistance Program for clarity and to revise the guidelines and form
agreement to implement the change.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
ICITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon does
hereby find and determine that the recitals contained hereinabove are
Itrue and correct.
SECTION 2: The City Council of the City of Vernon hereby
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
approves and adopts the City of Vernon Employee University Education
Loan Program Guidelines (Revised February 4, 2008) (the "Guidelines").
Said Guidelines will become effective February 4, 2008.
SECTION 3: The City Council of the City of Vernon hereby
approves and adopts the form Employee Tuition Loan Reimbursement
Agreement, University Education Program (Revised February 4, 2008),
(the "Agreement") in accordance with the Guidelines, with the intent
that the same shall be a binding contract between the City and the
employee upon acceptance by the City Administrator. Said form
Ilagreement shall be effective February 4, 2008.
SECTION 4: The City Council of the City of Vernon hereby
allows those employees currently enrolled under any prior program to
continue with the prior program under the guidelines and agreement
under which the prior program existed.
SECTION 5: The City Council of the City of Vernon hereby
authorizes the City Administrator, or his designee, to make whatever
nonsubstantive, administrative and/or text changes, upon advice of
counsel, to the Guidelines and Agreement.
SECTION 6: The City Council of the City of Vernon hereby
authorizes and empowers the City Administrator and/or his designee to
execute individual copies of the form Agreement on an as -needed basis
and to make whatever nonsubstantive and administrative changes, upon
advice of counsel, to the form Agreement as is necessary to carry out
the intent of this Resolution. Such additions, deletions and other
changes therein as the City Administrator and/or his designee executing
the Agreement may approve, is conclusively evidenced by the execution
and delivery of the Agreement.
- 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 7: All resolutions, parts of resolutions, or minute
orders in conflict with this Resolution are hereby repealed and
Resolution Nos. 6687, 7165, 7359, 7558 and 8013 specifically are
repealed in their entirety once the new Guidelines and Agreement are in
place.
SECTION 8: 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 4th day of February, 2008.
ATTEST:
MAN ELA GIRON, it Clerk
Name: Leonis C. Malburg
Title: Mayor /
- 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
STATE OF CALIFORNIA )
ss
COUNTY OF LOS ANGELES )
I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 9544, 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 4, 2008, and
thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of
Vernon.
(SEAL)
�-
MfNU'ELA GIRON, Ci y Clerk
- 4 -