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Resolution No. 09905 1 RESOLUTION NO.~9905 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND ADOPTING AN AMENDED CITY OF 4 VERNON JURY DUTY POLICY 5 6 WHEREAS, on March 5, 2007, the City Council of the City of ~ Vernon adopted Resolution No. 9266 approving a Jury Duty Policy; and g WHEREAS, the Director of Human Resources has. recommended that g the Jury Duty Policy be amended to update the mileage reimbursement to 10 reflect the current Salary Resolution and to provide for jury duty pay 11 for public safety members if such. members are not excluded from jury 12 duty. 13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 14 CITY OF VERNON AS FOLLOWS: 15 SECTION 1: The City Council of the City of Vernon hereby 16 finds and determines that the recitals contained hereinabove are true 17 and. correct. 18 SECTION 2: The City Council of the City of Vernon hereby 19 approves and adopts the amended City of Vernon Jury Duty Policy, a 20 copy of which is attached hereto and incorporated by reference as 21 Exhibit A. 22 SECTION 3: .This Resolution shall take effect. immediately 23 and shall remain in full force and effect unless .repealed by action of 24 the City Council of the City of Vernon. 25 SECTION 4: Any resolution or parts of a resolution in 26 conflict with this Resolution are hereby repealed. 27 / / / 28 ~ ~ ~ 1 SECTION 5: The City Clerk of the City of Vernon shall 2 certify to the passage of this resolution, and thereupon and 3 thereafter the same shall be in full force and effect. 4 APPROVED AND ADOPTED this 6th day of April, 2009. 5 ~ ~ S 6 Name: Leonis C, Malburg 7 Tit 1 e : Mayor / -N-~.a-~-~ ~r e=T-ear-- g. AT EST: -o 9 MANUELA GIRO , Ci ,y Clerk 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 2 - EXHIBIT A CITY OF VERNON JURY DUTY POLICY (April 6, 2009) : L STATEMENT OF POLICY This Policy shall exclude police and fire personnel because they are needed for the protection of the public health and safety, and it is not feasible to make alternative arrangements to relieve the person of those responsibilities during the period of service as a juror without substantially reducing essential public services. If however, a court does not authorize a member of public safety to be excluded from jury duty, in violation of the City's policy, the City will provide "jury duty pay" as set forth below. II. DEFINITIONS A. "Jury Duty Pay" -means the juror expenses of per diem fees to jurors in the superior and municipal courts, in civil and criminal cases, authorized by Section 215 of the California Code of Civil Procedure. The fees at the current time are fifteen dollars ($15) a day for each day's attendance as a juror after the first day. B. "Jur~,Duty Mileage Pay" -means the juror expenses of mileage paid to jurors in the superior and municipal courts, in civil and criminal cases, authorized by Section 215 of the California Code of Civil Procedure. The reimbursement for mileage at the current time is at the rate of fifty-five cents ($0.55) per mile for each mile actually traveled to the court house, one way, when attending court as a juror, from the first day of service. This also includes parking and meal allowances if granted by the court. C. "Regular Pay" -means compensation in accordance with the formula adopted in the current City of Vernon Salary Resolution which provides a monthly amount for each- position and each step in each City department. D. "Salary Resolution" -.means the resolution adopted every fiscal year and any amendments thereto fixing the compensation of certain employees. E. "Vacation" -means vacation policies for employees of the City of Vernon established in the current vacation resolution and any amendments thereto. III. WORK SCHEDULE WHILE SERVING ON JURY DUTY A. An employee must immediately notify. his or her supervisor upon receipt of a jury duty summons. Notification to Department Head shall follow immediately. B. An employee on callfor jury duty is expected fo report to work. An employee who is : called for jury duty does not have to report to work before or after appearing in court. An employee shall submit proof of jury duty attendance in order to be paid by the City. 1 C. In accordance with Section 215(b) of the Code of Civil Procedure; a juror who is employed by a local government entity who receives regular compensation and benefits while performing jury service, may not be paid Jury Duty Pay. An employee must return all Jury Duty Pay to the Court if paid by the Court. D. Employees shall retain any Jury Duty Mileage Pay. E. Employees will be required to return to work, if regularly scheduled to work, as soon as they are released from their jury duty. IV. VACATION A. If Section IILB is complied with, the City of Vernon will not require employees-who are called for jury duty to schedule vacation time when summoned to appear in court. V. COMPENSATION The City of Vernon will only compensate those employees called for jury duty for the days he or she appears in court pursuant to Section III. B. An employee will be compensated up to two weeks at full pay for jury duty. 2 -CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: April.8, 2009 TO: Rory Burnett, Finance Director Sharon Duckworth, City Treasurer Kristen Enomoto, Council Department Manager Masami Higa, Internal Control Manager/Controller Avigal Horrow, Human Resources Director Joaquin Leon, Deputy City Treasurer .Donal O'Callaghan, Director of Utilities & Government Infrastructure Lewis Poz.zebon, 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 illard Yamaguchi, Chief Deputy City Attorney/Risk Manager -FROM: Nelly Giron, City Clerk- RE: Resolution No. 9905 - A Resolution of the City Council of the-City of Vernon Approving and Adopting an Amended City of Vernon Jury Duty Policy . Transmitted herewith is a copy of Resolution No. 9905. referenced above, which was approved by -City Council on April 6, 2009. Thank you. NG:km c: Resolution No. 99.05 J~ yy ~7 I } 7 i ` ~ M~l~lol~ll\ ~ lJ ~ ~Q (1 ~ l-1 oR 2cc J ! ~ /0~( ~~P TO: Honorable Mayor Leonis C. Malburg and Honorable City Council Members FROM: Avigal Horrow, Director of Human Resources C~ DATE: March 24, 2009 ,APR ®1 20Q9 RE: Jury Duty Pay Resolution Amendment CI~ CLERK'$ dE~ Staff. Report f The current Jury Duty Pay Resolution excludes Fire and Police personnel from receiving jury duty pay on the basis that they should be exempt from jury duty because they are needed for the protection of the public health and safety and it is not feasible to make alternative arrangements to relieve the person of those responsibilities during the period of service as a juror without substantially reducing essential public services. However, recently the firemen have expressed concern that the courts are not allowing the firefighters to be exempt from. jury duty and as a result, our firefighters are serving as jurors and are not receiving payment from the City pursuant to the current Resolution. I am seeking your authority to amend our current jury duty pay to include Fire and Police only when a court orders them to serve as a juror, in violation of the City's policy stating that they should be exempt from service. cc• Eric Fresch 1