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Resolution No. 2011-127RESOLUTION NO. 2011-127 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND RATIFYING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF VERNON AND THE VERNON POLICE OFFICERS' BENEFIT ASSOCIATION (EMPLOYEE GROUP 2) AND REPEALING ALL RESOLUTIONS IN CONFLICT THEREWITH WHEREAS, the Vernon Police Officers' Benefit Association ("VPOBA") (Group 2) has been recognized as an employee organization pursuant to Resolution No. 4027; and WHEREAS, the VPOBA and Municipal Employee Relations Representative of the City of Vernon (the "MERR") have entered into a Memorandum of Understanding ("MOU") to be effective July 1, 2011 through June 30, 2012; and WHEREAS, the City Council of the City of Vernon desires to approve the MOU and ratify the execution thereof. 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 does hereby find and determine that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby approves and ratifies the Memorandum of Understanding executed by the Municipal Employee Relations -Representative of the City of Vernon and the Vernon Police Officers' Benefit Association, a copy of which is attached hereto as Exhibit A. SECTION 3: The.City Council of the City of Vernon hereby authorizes the City Administrator, or his designee, to take whatever action is deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized. SECTION 4: The City Council of the City of Vernon hereby directs the City Clerk, or the City Clerk'.s designee, to send a fully executed MOU to Larry Gaytan, President of the Vernon Police Officers' Benefit Association. SECTION 5: All resolutions or parts of resolutions not consistent with or in conflict with this Resolution, are hereby repealed. SECTION 6: The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk of the City of Vernon shall cause this resolution and the City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 5th day of July, 2011. Name: Hilari© Gonzales Title: Mayor / 155-yar Pro- `'---- - 2 STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2011-127, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting.of the City Council duly held on Tuesday, July 5, 2011, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this _/_ day of July, 2011, at Vernon, California. (SEAL) k - 3 - EXHIBIT A MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF VERNON AND VERNON POLICE OFFICERS' BENEFIT ASSOCIATION July 1, 2W.1 through June 30, 2012 s cf- TABLE OF CONTENTS MEMORANDUM OF UNDERSTANDING Parties to the Memorandum of Understanding......................................................5 ARTICLE ONE: FUNDAMENTALS Section 1: Recognition..........:............................................................... 6 Section 2: No Discrimination.................................................................. 6 Section 3: Mutual Cooperation................................................................. 6 Section4: No Layoffs........................................................................... 6 Section 5: No Strikes or Lockouts............................................................. 6 Section 6: City / VPOBA Meetings............................................................ 7 Section 7: Association Business..................:...............:............................ 7 ARTICLE TWO: LEGAL LIMITATIONS, SAVINGS CLAUSE& TERM Section 1: Legal Limitations and Savings Clause ........................................... 8 Section2: Term...................................................:.............................. 8 ARTICLE THREE: SALARIES Section 1: Police Officers........................................._._<_............................ 9 Section7; Sergeants.......................................................... ...................... 9 Section 3: Merit Steps..............................................................................9 Section 4: Salary Adjustment Increase........................................................ 10 Section5: Premium Pay..........................................................................10 Section 6: Bilingual Pay.........................................................................10 Section 7.: "P.O.S.T." Certificate Incentive ............................................ 10 Section 8: Shooting Pay..........................................................................11 Section 9: Field Training Officer ............. ................................................... 11 1 Section 10: Canine Handlers .................................................. ................. 12 Section 11: Motor Officers....................................................................... 12 Section 12: Relief Sergeant..........................................................._ ........... 12 ARTICLE FOUR: LONGEVITY Section 1: Employees Hired Before July 1, 1995........................................... 13 Section 2: Employees Hired On or After July 1, 1995..................................... 14 ARTICLE FIVE: OVERTIME Section 1: Overtime Authorization............................................................ 15 Section 2: FLSA Overtime..................................................................... 15 Section 3: Comp Time.......................................................................... 15 Section 4: Leave Time Inclusion.............................................................. 16 Section 5: Training and Recertification..................................................... 16 Section 6: Court Attendance and "Stand By" Time .......................................... 16 Section7: Call Backs.............................................................................. 18 Section8: Jury Duty............................................................................ 18 Section 9: Non-Compensable.................................................................. 20 ARTICLE UNIFORMS, ALLOWANCE AND SAFETY EQUIMIE l.T Section 1: Uniform Allowance................................................................... 21 Section 2: Summer Uniforms....................................................................21 Section 3: Safety Equipment.........................................-..........................21 2 ARTICLE SEVEN: BENEFITS Section 1: Public Employees Retirement System............. . .........................:..... 22 Section 2: Supplemental PERS Benefits...................................................... 22 Section 3: Medical, Dental, Vision and Life Insurance ..................................... 22 Section 4: Retirees Medical..................................................................... 24 Section 5: Vacation Time........................................................................ 24 Section 6: "In Lieu" Holiday Time............................................................ 24 Section 7: Sick Leave............................................................................25 Section 8: Bereavement Leave........................................................... '...... 26 Section 9: Auto Insurance.......................................................................26 Section 10: Deferred Comp....................................................................... 27 Section 11: Other City Employee Programs ................................................... 27 ARTICLE EIGHT: WORK SCHEDULE AND ABSENCES Section 1: Provisions............................................................................ 28 Section 2: Work Schedule 3/12 Plan ........................................... .......... 28 Section 3: Shift and 7 Code Policy............................................................. 2.8 Section 4: Sergeants............................................................................ 29 Section 5: Shift Trades ......._._................................................................ 29 Section 6: Early Relief..............a........_................................................... 30 ARTICLE NINE: GRIE"VANMPMCEDURE Grievance Procedure Steps ... :...... .......... 31 ...................................................... ARTICLE TEN: DISCIPLINE PROCEDURE Discipline Procedure Steps.......................................................................... 33 3 I ARTICLE ELEVEN: MANAGEMENT RIGHTS ManagementRights................................................................................... 36 SIGNATURE PAGE Signatures ....................................... ......... 38 ............................................... 0` vp MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF VERNON [,7 VERNON POLICE OFFICERS' BENEFIT ASSOCIATION Parties to the Memorandum of Understanding Pursuant to Chapter 10 (section 3500 et seq) of Division 4, Title 1 of the Government Code and Resolution No. 4027, the Resolution for the administration of Employer -employee relations, the matters within the scope of representation that are set forth in this Memorandum of Understanding (MOU) have been discussed by and between representatives of the City of Vernon and the representatives of the Vernon Police Officers' Benefit Association (hereinafter "VPOBA") and except as otherwise specifically provided herein shall apply only to those defined in the aforesaid Resolution as "full-time and regular part-time employees in the Police Department except management and confidential employees" (Section 8B(2) "Group 2"), otherwise known as Police Officers and Sergeants. This MOU constitutes a joint agreement by the Municipal Employee Relations Representative ("MERR") and the VPOBA, to be submitted to the City Council of Vernon for its determination and approval by one or more Resolutions or Ordinances-- as: the.. City Council may deem fit and proper. The MERR and the Representative of the VPOBA have agreed that they will jointly urge the City Council of Vernon to adopt one or more Resolutions or Ordinances reflecting the changes in wages, hours, and other conditions of employment agreed upon in this MOU. If approved, the terms agreed upon by this MOU shall take effect on July 1, 2011, and shall expire at midnight on June 30, 2012. IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN STATED, the VPOBA and the City of Vernon agree as follows: 5 M ARTICLE ONE FUNDAMENTALS Section 1: Recognition The City of Vernon recognizes the Vernon Police Officers' Benefit Association ("VPOBA") as the certified majority representative of the Group 2 employees, comprised of Police Officers and Sergeants, as the exclusive representative of the employees for purposes of collective bargaining for all terms and conditions within this Memorandum of Understanding. Section 2: No Discrimination The provisions of this Memorandum of Understanding shall be applied equally to all employees covered hereby. Neither the City nor the VPOBA shall discriminate against any individual, applicant or employee with respect to his compensation, terms, condition, or privileges of employment or because of an individual's race, color, sex, religion, national origin, age, marital status, disability, pregnancy, sexual orientation, political or religious opinions or affiliations, or membership or non -membership in the VPOBA. Section 3: Mutual Cooperation The parties recognize the necessity of cooperating on matters of mutual concern and interest and agree to work together to maximize the effectiveness of the Police Department and the City and to accomplish legislative and funding.. goals in their mutual interest. Section 4: No Layoffs The City will not lay off any personnel represented by the VPOBA through June 30, 2012. Section 5: No Strikes or Lockouts During the life of this agreement no work stoppages, strikes, slowdowns, or picketing shalt be caused or sanctioned by the VPOBA, and no lockouts shall be made by the City. 2 Section 6: Cit-y"OBA Meetings Representatives from the VPOBA and the City Administrator's office shall meet as needed to discuss issues of mutual concern. Section 7: Association Business Representatives of the VPOBA shall be allowed time to conduct their Association business as necessary during work hours. Coordination of such work will be made with the Chief of Police to ensure the availability of staffing levels for such meetings. VA ARTICLE TWO LEGAL LIMITATIONS, SAVINGS CLAUSE, AND TERM Section 1: Legal Limitations and Savings Clause It is understood and agreed that this Memorandum of Understanding (including, but not limited to, the provisions of the Fair Labor Standards Act) and any and all Resolutions or Ordinances adopted in implementation thereof are and shall be subject to all present and future applicable federal and state laws and regulations and shall be effective and implemented only to the extent permitted by such laws and regulations. If any part of this Memorandum of Understanding or of any Resolution or Ordinance adopted in Implementation thereof is in conflict or inconsistent with any such applicable provisions of federal and state laws or regulations or otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended and superseded, and such applicable laws and regulations and the remainder of this Memorandum of Understanding shall not be affected thereby and shall remain in full force and effect. Section 2• Term The VPOBA and City of Verno& hereby expressly waive any right to requ changes in this MOU regarding the wages, hours, or other conditions of employment of employees in the classifications represented by the VPOBA that would take effect prior to July 1, 2012, and neither party shall be required to meet and confer as to any such request. If the VPOBA or City desires to negotiate a successor MOU, either pmrly may serve. upon the other a written request between Fly 1, 2012, and March 1, 2012. 8 IN ARTICLE THREE SALARIES Section 1: Police Officer Step 6 (Police Recruit at the Academy) $5 605 Step 5 (After graduation from the Academy and sworn in) $5,913 Step 4 (6 months after graduation from the Academy) $6,238 Step 3 (18 months after graduation from the Academy) $6,581 Step 2 (30 months after graduation from the Academy) $6,943 Step 1 (42 months after graduation from the Academy) $7,325 Section 2: Sergeant Step 6 (Upon appointment) $6,823 Step 5 (12 months after appointment to step 6) $7,198 Step 4 (12 months after appointment to step 5) $7,594 Step 3 -(12 months after appointment to step 4) $8,012 Step 2 (12 months after appointment to step 3) $8,453 Step 1 (12 months after appointment to step 2) $8,918 Section 3: Merit Steps Promotions or salary increases to higher pay grades are merit steps only, and shall be available to employees as recognition and reward for'satisfactory services with the time frames described for the position of Police Officer, and after one (1) year at present grade for Sergeants. However, the promotion or salary increase to any said grade shall remain the sole discretion of the -City Council. Notwithstanding the above provision, any person employed in a position of Police Officer, Step 6, shall be appointed to Step 5 upon his/her successful completion in an assigned accredited training academy, and any person employed in a position of Police Officer, Step 5, shall be appointed to Step 4 after serving at least six (6) months in the field and upon receiving a merit evaluation of satisfactory/competent. Any person who qualifies for said increase shall have N 9-0 his/her anniversary date for future merit increases established as of the date said officer is appointed to said grade. Section 4: Salary Adjustment Increase In the event there is a salary inequity between ranks or between employees within the Department, the Chief of Police may incorporate a service adjustment increase up to ten percent (10%) per month of their base salary. Section 5: Premium Pay In the event a Police Officer or a Sergeant is assigned to the Detective Division, the Professional Standards Division, or an outside detail or task force, he/she shall receive premium pay equal to five percent (5%) of his/her base pay 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; 'however, it shall be considered as part of the base monthly salary for purposes of computing overtime pay and last highest annual salary. Section 6: Bilingual Pay A Group 2 employee may be compensated for bilingual skills after the employee -demonstrates proficiency inspeaking a foreign language (the ability to read and write in a foreign language may also be tested, if necessary), which proficiency would be determined by successful completion of the Cal State Fullerton or other designated foreign language proficiency test designated by the Vernon Police Department. Those employees whosuccessfully demonstrate this sLU are eligible to receive an additional One Hundred Twenty -Five Dollars ($125.00) per month for Wingual pay and 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; however, it shall be considered as part of the base monthly salary for purposes of computing the last highest annual salary. Section 7i Peace Officers Standards and Training ("Post") Certificate Incentive Group 2 employees who have completed their evaluation period shall be entitled to P.O.S.T. certificate pay as follows: • Three percent (3%) of the employee's -basic monthly salary, excluding all other 4111 compensation, for a P.O.S.T. intermediate certificate; or • Six percent (6%) of the employee's basic monthly salary, excluding all other compensation, for a P.O.S.T. advanced certificate. Payment of the above -referenced incentive compensation shall not be cumulative; only the highest applicable incentive pay level shall apply. Incentive pay shall be payable the month following the month during which the certificate is granted. P.O.S.T. certificate pay shall be considered as part of the base monthly salary for purposes of computing the last highest annual salary Section 8: Shooting Pay It is recognized by the City of Vernon and the VPOBA that a Police Officer must qualify in the firing range on a monthly basis in order to continue to be employed and to receive Shooting Say. Such qualifications shall occur on duty. Employees who shoot at the range other than the required qualifications dates will be considered to be on personal time. Such time is not counted as working time and is not compensable. OfM:ers- who achieve the following qualifications shall receive compensation as follows: Marksman $ 3.00 Per. Month Sharpshooter $ 5.00 PerMonth Expert $ 7.50 Per Month Distinguished Expert $ 10.00 Per Month Shooting Pay shall be considered -as part of the base monthly salary for purposes of computing the last highest annual salary. Section 9: Field Training Officers Police Officers assigned by the Chief of Police, ortis designee, as Field Training Officers shall receive a deferential of five percent (5%) of their base salary for the period so assigned. 11 Each officer assigned as a Field Training Officer shall complete a P.O.S.T. approved Field Training Officer School prior to assignment. The number of field training officers, qualifications, and training for such assignment shall be determined by the Chief of Police. Such assignment maybe revoked at any time without recourse to the disciplinary procedure. Section 10: Canine Handlers Each member of the canine team is responsible for the care and maintenance of their assigned Police Service Dog (PSD) both on and off duty. Each handler assigned to the canine team will be paid three (3) hours of overtime each week at a rate of time and one half. This overtime pay will compensate the handler for the time spent providing care for their PSD outside of normal duty hours. Section 11: Motor Officers Each Operator shall be provided with one (1) hour off per work week for motorcycle maintenance. Time off shall be scheduled either at the beginning or end of a shift with the Watch Commander to ensure sufficient staffing levels. Section 12: Relief Sergeant Vernon has established a Sergeant's- relief position with a salary equal to the salary received by patrol sergeants. The Chief of Policehas the discretion to assign additional duties to the Sergeant assigned to this position. 12 2 ARTICLE FOUR LONGEVITY Section 1: Employees Hired Before July 1,1995 Effective August 31, 1986, the City established a four -step Longevity program for all employees. Said Longevity program is as follows: • All eligible employees who have five years of service on or before August3l, 1986, shall receive an additional five percent (5%) per month of their base salary effective August 31, 1986, and every year thereafter until reaching the next Longevity level. Employees upon reaching their 5th anniversary date after August 31, 1986, shall be entitled to said five percent (5%) per month upon said anniversary date. • All eligible employees who have ten (10) years of service on or before July 1, 1987, shall receive an additional ten percent (10%) per month of their base salary effective July 1, 1987, and every year thereafter until reaching the next Longevity level. Employees upon reaching their loth anniversary date after July 1, 1987, shall be entitled to said ten percent (10%) per month upon said anniversary date. Said ten percent (10%) is in place of the five percent (5%) referenced in paragraph 1 above and not cumulative therewith. • All eligible employees who have fifteen (15) years of service on or before July 1, 1988, shall receive an additional fifteen percent (15%) per month of their base salary effective July 1, 1988, and every year thereafter until reaching the next Longevity level. Employees upon reaching their 15th anniversary date after July 1, 1988, shall be entitled to said fifteen percent (15%) per month upon said date. Said fifteen -percent (15%) is in place of each of the amounts referenced in paragraphs 1 and 2 above and not cumulative therewith. • All eligible employees who have twenty (20) years of service on or before July 1, 1989, shall receive an additional twenty percent (20%) per month of their base salary effective July 1, 1989, and every year thereafter. Employees upon reaching their 20th anniversary date after July 1, 1989 shall be entitled to said twenty percent (20%) per month upon said 13 kk anniversary date. Said twenty percent (20%) is in place of each of the amounts referenced in paragraphs 1, 2 and 3 above and not cumulative therewith. Section 2: Employees Hired on or After July 1,1995 All employees in Group 2 who are hired on or after July 1, 1995, who attain five (5) years of consecutive uninterrupted employment shall receive an additional five percent (5%) per mouth of their base salary. Such employees shall he entitled to receive such five percent (5%) increase upon reaching their 5th anniversary date. Such .employees will not be entitled to receive any additional Longevity percentage increase to their base salary for further service. 14 ARTICLE FIVE OVERTIME Section 1: Overtime Authorization All overtime requests must have prior written authorization of a supervisor prior to the commencement of such overtime work. Where prior written authorization is not feasible, explicit verbal authorization must be obtained. Where verbal authorization is obtained, written authorization must be obtained as soon thereafter as practicable. Dispatched calls extending beyond the end of duty time are considered as authorized. Section 2: F.L.S.A. Overtime Group 2 employees required to perform in excess of the standard work period of 160 hours in a 28-day cycle shall receive compensation at the rate of time and one-half their regular rate of pay or time and one-half "compensatory time" for each hour worked. The regular rate of pay shall include the following components in addition to base salary: • P.O.S.T. Certificate Pay • Special Assignment Pay Section 3: Compensatory Time Group 2 employees may not earn more than forty (40) hours of compensatory time during any FLSA 28-day cycle. At such time _as an employee earns forty (40) hours of compensatory time within a given 28-day work cycle, any additional. overtime in that cycle shall be paid to the employee at time and one-half of his/her regular rate, of pay. Group 2 employees may not accumulate more than 240 hours of compensatory time. An employee must be paid at the rate of time -and one-half for any overtime worked beyond the 240- hour compensatory time "cap." 15 Section 4: Leave Inclusions In determining an employee's eligibility for overtime compensation in a work period, paid leaves of absence will be included in the total number of hours worked. Paid leaves of absence include, but are not limited to, the following: 1. Vacation 2. Holiday Leave 3. Sick Leave 4. Administrative Leave 5. Compensatory Leave 6. Workers' Compensation Leave (4850 time) 7. Jury Duty 8. Bereavement Leave 9. Military Leave Section 5: Training and Recertification Time Training time that is required is compensable. However, if the training time meets all of the following, it is not compensable: 1. Attendance is outside the employee's normal work shift; and 2. Attendance is voluntary; and 3. The training is not directly related to the employee's current assignment; and 4. The employee does not perform work for the City during the training. Recertification time that is directly related to an employee's job will be compensable if completed during assigned work hours. Section 6: Court Attendance and "Stand By Time Court Appearances Employees in Group 2 shall be compensated for court appearances in the line of duty outside C[' regular scheduled duty hours as follows: A. Court appearances which extend beyond an employee's normal shift assignment shall be compensated as paid overtime. For purposes of calculating F.L.S.A. overtime pursuant to this section of this MOU, only the actual time spent in court or traveling in a City vehicle to and from the station shall be credited as hours worked. Travel time to and from one's private residence shall not be considered hours worked and shall not be compensated in any manner whatsoever. B. Notwithstanding the provisions of "A" above, Group 2 employees required to attend court sessions outside their regular schedule duty work shift shall be compensated a minimum guarantee of four (4) hours at time and one-half (1.5). C. If an employee is required to stay beyond four hours in court, the employee shall be compensated at time and one-half (1.5) at their regular hourly rate for all hours spent in their court duty assignment that day. Stand By Time If an employee receives a subpoena to be placed on standby, the effected employee shall be compensated for Stand By status as follows: A. An employee who is placed on Stand By status for a half court day, which shall consist of either a morning session or afternoon session of court, shall be paid Sixty Dollars ($60.00). B. An employee who is , on Stand By status for a full court day, which shall consist of the morning session and .the afternoon session of court, on the same day, shall be paid One Hundred Nineteen Dollars ($119.00). However, if said employee is required to appear in court, he/she shall receive court appearance compensation rather than Stand By compensation for -his/her time in court. C. The parties agree that Stand By pay shall not count toward hours worked and that the provision complies with the F.L.S.A. D. Alternatively, an employee (at the employee's option and with the permission of the 17 0 Chief of Police or his designee) on court Stand By may report to the police station, in uniform, for assignment while awaiting court. Under these circumstances, an employee shall be compensated on an hour -for -hour basis (if on overtime, at time and a half) for time actually worked while on Stand By. E. No additional payment other than that set forth in Section 6 of the MOU shall be made for Court Pay. Section 7: Call Backs Call Back duty occurs when an employee is ordered to report to duty on a non -regularly scheduled work shift. Call Back does not occur when an employee is held over from his/her prior shift or is working prior to his/her regularly scheduled shift. This provision is also to be distinguished from Court pay, which is to be used when an employee is called to court. An employee called back to duty shall be credited with a minimum of four hours work. Any hours worked in excess of four hours shall be credited on an hour -for -hour basis (at time and one-half compensation) for actual time worked. If the employee is ordered to return to work immediately, his work time shall be credited commencing immediately after the employee has been directly contacted by the employer. Section 8: Jury Duty I. Policy A. In the event a Group2 employee is called to serve jury duty, the City will provide "Jury Duty Pay" as set forth bdmv: 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. "Jury Duty Mileage Pay" — means the juror expenses of mileage paid to jurors in 18 8 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 in effect at the time of the mileage incurred will be 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 Group 2 employees of the City of Vernon III. Work Schedule While Serving on Jury Duty A. A Group 2 employee must immediately notify his or her supervisor upon receipt of a jury duty summons. B. 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. C. Group 2 employees shall -retain any Jury Duty Mileage Pay.. D. Group 2. employees will be required to return to work, if regularly scheduled to work, as soon as t1wy are released from their jury duty. IV. Vacation A. If Section III.B is complied with, the City of Vernon will not require Group 2 employees who are called for jury duty to schedule vacation time when surnmoned to appear in court. V. Compensation 19 0 A. The City of Vernon will only compensate those Group 2 employees called for jury duty for the days he or. she appears in court pursuant to Section III.B. A Group 2 employee will be compensated up to two weeks at full pay for jury duty. Section 9: Non-Compensable A. City Vehicle Use -Group 2 employees who are provided with a City vehicle to travel to and from work shall not be compensated in any manner whatsoever for travel time to and from work. This provision also applies in those situations where the radio must be left on and monitored unless answering a call for service. B. Clothes/Uniform Changing Time —Group 2 employees are not authorized to wear their uniforms or any part thereof that is distinguishable as such unless on duty. Each employee is provided with a locker for his/her personal convenience. Any employee may or may not utilize the locker for storage and changing purposes at his/her own discretion. Nothing herein prevents an employee from wearing his/her uniform to and/or from his/her residence to work as long as the badge and insignia are covered in a non - police issue garment such as a windbreaker. Employees choosing to wear their uniforms covered to and/or from work should not wear their "Sam -Browne" belt. Time spent in changing clothes before or after shift, or during lunch, is not considered hours worked and is not compensable in any manner whatsoever. C. Exempt --The Chief of Police and Captains are exempt from overtime. For purposes of treatment of overtime, the classification of Police Sergeant shall be treated .in the same manner as Police Officers. 20 ARTICLE SIX UNIFORMS, ALLOWANCE AND SAFETY EQUIPMENT Section 1: Uniform Allowance The City will pay each Group 2 employee who has completed his or her first year of service with the City and who is on the active payroll of the Vernon Police Department the sum of One Thousand Dollars ($1,000) per fiscal year for the purchase of uniforms and related equipment. Such payment shall occur within the month of August of each year. It is the intent of the parties hereto that the payments provided for in this ARTICLE constitute reimbursement for incurred expenses and not earned income. Section 2: Summer Uniforms Group 2 employees who are assigned to patrol will be allowed to utilize summer uniforms (blue shirt/blue shorts) on any day at the discretion of the Chief of Police. The Chief of Police shall establish authorization or notification procedures, as well as summer uniform requirements. Section 3: Safety Equipment The City shall, every three (3) years, pay one half of the cost of the member's individual body armor if the member presents to the City a receipt for body armor that meets Departmental specifications. if the City provides individual body armor to an employee, and the employee accepts such body armor, then the -three (3) year time period shall begin upon acceptance of the body armor by the employee. Group- 2 employees who carry a private weapon which has been expressly approved by the Vernon Police Department and suffer the loss or damage of such weapon in the line of duty shall be compensated by the City of Vernon up to the amount of replacement cost of the official issue weapon of the Vernon Police Department unless such loss or damage was caused by the employee's negligence. 21 ARTCLE SEVEN BENEFITS Section 1: Public Employee Retirement System ("PERS") The City shall maintain its contract with the California Employees Public Retirement System (PERS) that provides the Group 2 employees with three percent (3%) at 50 PERS retirement benefit plan. Group 2 employees shall be responsible for paying their PERS nine percent (9%) employee's contributions. Section 2: Supplemental PERS Retirement Benefits The City agrees to provide additional supplemental retirement benefits to Group 2 employees under PERS as follows: • Gov't Code Section: 20042 — One Year Final Compensation: Final compensation is the average full-time monthly pay rate for the highest twelve. (12) consecutive months. • Gov't Code Section: 20124 - Military Service Credit as Public Service: Employees may elect to purchase up to four (4) years of service credit. • Gov't Code Section: 21571 — Basic Level of 1959 Survivor Benefits: Provides surviving benefactor a monthly allowance up to four -hundred thirty dollars ($430). • Gov't Code Section: 21624 & 21626 & 21628 - Post Retirement Survivor Allowance: Provides surviving spouse fifty percent (50%) of the amount of retirement allowance, dependent on option choices, in effect at the time of death of retiree. Section 3_:_ Medical, Dental, Vision and Life Insurance Medical: The City offers three medical plans to employees that consist of two (2) HMO and 22 one (1) PPO plan. The parties may change these plans upon their written agreement. Group 2 employees represented by the VPOBA shall continue to receive from the City full medical insurance premium contributions for themselves and their eligible dependents through December 31, 2011, as well as the identical contributions to dental, vision and life insurance as that received by the miscellaneous employees of the City. Beginning January 1, 2012, the following shall apply: A. For Group 2 employees enrolled in either of the HMO plans, the City shall pay monthly 100% of the cost of the plan for employees and eligible dependents, not to exceed $1,050 per month. The cost of any plan selected by the employee that exceeds $1,050 shall be paid by the employee through a pre-tax deduction. B. For Group 2 employees enrolled in the PPO plan, the City shall pay monthly 100% of the cost of the plan for employees and eligible dependants, not to exceed $800 per month. In addition, for each employee enrolled in a PPO plan, annually the City shall make lump sum contributions to a health savings account (HSA) as follows: $1,500 in January, and $500 each in March, June and September. The cost of any PPO plan selected by'the employee that exceeds $800 shall be paid by the employee through a pre-tax payroll deduction. Dental: The City of Vernon provides a dental insurance plan. The City shall pay 100% of the cost of such plan for employees. Vision: The. City of Vernon provides a vision care plan to employees. The City shall pay 100% of the cost of such a .plan for employees only. Employees shall have the option of purchasing vision care for their dependents at a cost of $6.95 for one dependent or $13,95 for two or more -dependents. Life Insurance: The City provides a life insurance plan to employees. The City shall pay 100% of the cost of such plan for employees. 23 IN The City's agreement to pay full or partial costs of said premiums shall not create or ripen into a vested right for said employee; however, the City shall be obligated to pay the cost or provide said medical, dental, vision, and life insurance benefits as described so long as this MOU remains in effect. Section 4: Retiree's Medical Employees in the classifications represented by VPOBA and/or in "Group 2" who have been employed as sworn safety personnel for a minimum of twenty (20) years and a minimum of 10 (ten) years of that service has been in the employment of the City of Vernon shall receive lifetime medical benefits for themselves and their spouses when they leave the employment of the City_ Section 5: Vacations A. Accrual • Vacation accrual after the first year of service: 120 hours per year • Vacation accrual after ten (10) years of service: 160 hours per year • Vacation accrual after completion of twenty-five (25) years of service: 170 hours per year B. Policy 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. Any request will be honored only if, in the opinion of the Chief or his designee, the.. manpower or service level on the day or des and at the times requested is adequate to permit granting such a request. Vacation time _provided for herein shall be accumulated from calendar year to calendar year, and shall be compensated for if not utilized during said period. Section eu" Holidays Group 2 employees shall receive one hundred and ten (I 10) "in lieu" holiday hours per fiscal year. "In lieu" holidays will be credited to each employee on each July 1 in which he/she is on 24 the active payroll of the Department in' a classification represented by the VPOBA and must be taken prior to the immediately following July 1. "In lieu" holidays maybe 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. "In lieu" holidays, if not taken, shall not be paid for except if the employee was denied an opportunity io take them off during the fiscal 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 possible payroll check on or after July 1 of the fiscal 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. If the City Council, during the fiscal year, provides one or more additional holidays to the miscellaneous employees in addition to those holidays provided for in Resolution No. 8764, Group 2 employees shall receive the same number of any additional holidays. Any additional "in lieu" holiday time received by Group 2 employees will be for a maximum of ten (10) hours per day received. Section 7: Sick Leave Group 2 employees only receive sick leave accrual while they are in a paid status. Employees shall accrue sick time at a rate of 3.08 hours per pay period (80 .hour annually), with a maximum cap of 960 hours. Upon reaching the. cap, employees will continue to accrue sick-leave.provided; however, in the final pay period in December each year all accrued sick leave in excess of 960 hours shall be cashed in at fifty percent (50%) of the employee's regular rate of pay. If a Group 2 employee separates or terminates employment with the City, they shall be compensated for any accrued sick leave hours at the time of separation not to exceed 960 hours. Employees that separate from service with more than 20 years of service credit shall be compensated at 100% of their current pay rate applied to the first 480 sick leave hours and 50% 25 for their remaining hours up to the cap of 960 hours. Employees with less than 20 year of service shall be compensated at 50% of their then current pay rate up to the cap of 960 hours. Employees shall have the option of obtaining service credit for the accrued; unused sick leave hours instead of a cash payment pursuant to California Government Code Section 20965. Group 2 employees are expected to contact their supervisor or Department head as soon as possible to report a sick leave time off notification and provide appropriate information on the nature of the illness or injury and the expected duration of the time off. Employees unable to report for duty due to an illness should be required to call in and notify the on -duty supervisor a minimum of 2 hours before they are due to start their shift. A Group 2 employee who is absent on sick leave for more than two (2) consecutive shifts shall be required by his or her supervisor to provide a doctor's note in order to be paid for the sick leave. Section 8: Bereavement Leave When an employee is compelled to be absent from duty by reason of death or critical illness (where death appears imminent) of a member of the employee's immediate family (father, mother, brother, sister, spouse, children, mother-in-law, father-in-law, grandmother, grandfather, or grandchildren), such person will be permitted, subject to the Chief of Police's approval, to a leave of alce_ with payof up to twenty-five (25) hours. An employee shall not be granted paid Bereavement Leave for more than 25 hours inany six-month period for the same family member. Employees will be allowed to utilize their vacation time, any compensatory time, or any "irr lieu" holiday time that is due to the employee, in order to lengthen such bereavement time. The employee shall furnish satisfactory evidence of such death or critical illness to the Chief of Police, if requested. Section 9: Auto Insurance Group 2 employees are eligible to participate in the auto insurance program for all employees 26 wherein the City will contribute thirty-five dollars ($35) per month per employee toward said employee participation. Section 10: Deferred Compensation Group 2 employees are eligible to participate in the City's Deferred Compensation Program. Section 11: Other City Employee Programs Group 2 employees are eligible to participate in all City sponsored programs passed by City Council Resolutions that are intended to benefit all employees in the areas of, but are not limited to, the following: • Buyback of military leave for PERS retirement time • Computer loan purchase plan • Life insurance • Corrective eye surgery plan • Hearing aid devise plan • Tuition reimbursement plan • Family Medical Leave Act (FMLA) 27 V-1 ARTICLE EIGHT WORK SCHEDULE AND ABSENCES Section 1: Provisions The Vernon Chief of Police at his sole discretion shall establish the work schedule. No existing personnel in Group 2 will be laid off during the term from July 1, 2011, through June 30, 2012. Section 2: Work Schedule 3/12 Plan Law Enforcement agencies are allowed to establish a work period of any length between seven (7) and twenty-eight (28) consecutive days. At the City, employees must work one hundred sixty (160) hours per twenty-eight (28) day cycle. In order to be compliant, Group 2 employees will work three (3), twelve and one half hour (121/2) days per week with a ten (10) hours payback per month, without incurring any overtime. In the event the City needs to adjust any work schedule, the City agrees that no such modification will be conducted without first notifying the effected employee a minimum of 10 days prior to the change, unless agreed to by the effected employee(s) and the Chief of Police or his designee. The City agrees to continue the 3/12 Plan for Group 2 employees assigned to patrol, with the exception of specific assignments. 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 right in any manner, and that a decision to terminate such 3/12 Plan is subject to the meet and confer process. Section 3: Shift and Code Seven Policy: Patrol personnel shall work a twelve- and -one-half (121/2) hour shift. The first one-half hour shall be used for briefing and training purposes. Lunch time (Code 7) shall be part of the shift and is compensable_ 28 M Section 4: Sergeants Patrol sergeants are entitled to thirty-two (32) weekends off per year (including Saturday, Sunday and Monday). In the event there is a need to adjust a Patrol Sergeant's work schedule due to staffing issues, no such modification will be conducted without first notifying the affected Sergeant a minimum of 10 days prior to the schedule adjustment. There may be an exception to the minimum schedule change notice if the affected Sergeant is an agreement to an immediate change in his/her work schedule. Section 5: Shift Trades The practice of shift trading shall be voluntary on behalf of each employee involved in the trade. A shift trade must be pre -approved by a supervisor. The trade must be due to the employee's desire or need to attend to a personal matter and not due to the department's operations. The employee providing the trade shall not have his/her compensable hours increased as a result of the trade; nor shall the employee receiving the trade have his/her compensable hours decreased as a result of the trade. If one individual fails to appear for the other (regardless of the reason), the person who was scheduled as a result of the shift trade will be listed as absent without leave and may be subject to discipline. Any premium pay or other extra compensation -shall -continue to accrue only to the person originally entitled to the premium pay or extra compensation. Any hours worked beyond the normal work day will be credited to the individual actually doing the work. "Paybacks" of shift trade are the obligation of the two employees involved in the trade. Pay -backs are to be .completed within one (1) calendar year of the date of the initial shift trade. Any dispute as to the paybacks is to be resolved by the involved employees, and under no circumstances will the department be obligated for any further compensation whatsoever to any 29 of the involved employees. The department is not responsible in any manner for hours owed to employees by other employees that .leave the employment of the City or are assigned other duties. A record of all initial shift trades and "paybacks' shall be maintained by the involved employees on forms provided by the Department. Section 6: Early Relief The practice of early shift relief shall be voluntary on behalf of each employee .involved .in the relief. The employee providing the early relief shall not have his/her compensable hours increased as a result of the early relief; nor shall the employee relieved early have his/her compensable hours decreased as a result of the early relief. "Paybacks" of early relief hours are the sole obligation of the two employees _involved in the early relief. Any dispute is to be resolved by the involved employees, and under no circumstances will the Department be obligated for any further compensation whatsoever to any of the involved employees. The Department is not responsible in any manner for hours owed to employees by other employees who leave the employment of the City or are assigned other duties. 30 ARTICLE NINE GRIEVANCE PROCEDURE Vernon has adopted a grievance procedure applicable to all Police Officers and Sergeants containing the following principles: A grievance will be defined as a dispute between the City and an employee or employees adversely affected thereby over interpretation or application of any provision of this Memorandum of Understanding or policy. "Days" as used herein shall be those days that the City Hall of the City of Vernon is open part or all of the day. "Immediate Supervisor" is the lowest level management or supervisory person having immediate jurisdiction over the grievant. Step 1 The aggrieved employee shall present orallyor in writing his grievances to his immediate supervisor within ten (10) working days of the occurrence of the action giving rise to the grievance. Discussions will be informal for the purpose of settling differences in the simplest and most direct manner. The immediate supervisor shall reach a decision and communicate it orally or in writing to the aggrieved employee and the Municipal Employee Relations Representative (MERR) within five (5) working days from the date the grievance was presented to him. Ste If the grievaa= is not settled at the first step to the satisfaction of all parties, either the MERR or the aggrieved employee within ten (10)_working days of the answer in the first step, shall reduce the grievance to writing, sign it and present it to the Department Head or -'his designee. The Department Head or his designee shall obtain the facts concerning the alleged grievance and shall within five (5) working days of receipt of the written grievance conduct a meeting between himself, his representative if needed, the aggrieved employee, and the employee's representative. The Department Head or his designee shall notify the aggrieved employee and the MERR of his decision not later than five (5) working days following the meeting date. 31 Now Step 3 If the grievance is not settled at Step 2, it may, upon the request of either the employee or the MERR, be submitted to the mediation of the California State Conciliation Service. The mediator designated by the Service shall attempt to adjust the grievance. Proposals, concessions and admissions made during the course of such mediation shall be confidential and not be used in any subsequent proceedings. If the grievance is not settled to the satisfaction of all parties within twenty (20) days after the designation of the mediator by the Services, then the grievance shall be deemed not to have been settled at Step 3. Step 4 If the grievance is not settled to the satisfaction of all parties at Step 3, then the grievance shall be submitted to the City Council of the City of Vernon for determination. The Council shall conduct such hearing and receive such evidence as it deems appropriate. The City Council will make the final decision at its sole discretion; however, the mediator from Step 3 above will be allowed to participate with the Council during an executive deliberative session wherein management representatives and employee representatives shall be excluded from said deliberative session. The Council's decision will the final step in the city's Grievance Procedure and will be provided in a written format that will be given to the grievant after the decision is made. 32 ARTICLE TEN DISCIPLINE PROCEDURE The parties agree that the current Discipline Procedure as described below is in need of modification to reflect current industry practices. The parties agree that during the first month of July of 2011 a committee will be formed to discuss, research, and address modifications to the current Discipline Procedure and to make a joint recommendation for changes. The committee will be comprised of two members of the Police Department administration appointed by the Police Chief; two members appointed by the City Administrator; and two members of the Vernon Police Officers' Benefit Association appointed by the Association. The charge of this committee will be to reach consensus agreement for a committee recommendation that will be presented to the City and Association within 90 days of their first meeting. If both the City and the Association agree with the committee's recommendations, those recommendations will be adopted by the City and the Police Department within 30 days after written approval by both parties. Current Disciplinary Procedure The parties hereby recognize that the City Council of the City of Vernon, in Resolution No. 6811, Section 1, at p. 6, have declared, and have so stated in all salary resolutions, their intention to reserve unto the City Council, complete and exclusive discretion to determine matters relating to discharge, suspension or other matters of discipline of all employees in conformance with its long standing view and policy that all employees of the City of Vernon serve at the will and pleasure of the City Council. The parties also recognize that all employees of the City of Vernon are at -will employees and that the issue of property rights is not subject to negotiation or the meet and confer process established by Resolution No. 4027. However, the parties recognize that the Public Safety Officers Procedural Bill of Rights Act (the "Act") (Government Code Section 3300, et. seq.) provides for the administrative appeal of certain types of disciplinary actions. The procedural details for implementing the provisions of such administrative appeal shall be as follows: 33 0 Step 1 Any police officer who wishes to proceed with an administrative appeal after a decision by the City Council regarding a disciplinary action must make a written request for the administrative appeal. The written request must identify each of the issues which said officer intends to address during the administrative appeal and must be personally delivered to the office of the City Administrator of the City of Vernon within ten (10) working days after. receiving written notice of the City Council's decision imposing the subject discipline. The parties agree that if such written request is not submitted to the City Administrator's office in a timely manner, said police officer shall have waived his or her right to proceed with the administrative appeal. Step 2 After receipt of the written request for the administrative appeal, the City Administrator shall, within forty (40) days, schedule the administrative appeal for a closed session at a scheduled City Council meeting. The police officer shall have the right to have the matter proceed in open session, but must make- the City Council aware of this choice before the appeal begins. The City Administrator shall provide the police officer with at least ten (10) days notice of the scheduled City Council meeting when the administrative appeal will be heard. Step 3 The City Council shall conduct the. administrative appeal, and shall consider and receive such evidence as it deems appropriate. Step 4 Said police officer shall not have the right to subpoena witnesses or cross-examine any witnesses, but shall be permitted to submit written documents and oral testimony. Step 5 The City Council's decision will be provided in a written format which will be given to the police officer after the decision is made. The decision of the City Council shall be final and shall be binding on the parties. 34 The parties agree that the administrative appeal provided for under this article shall not create a vested property right in said police officer's job in any manner whatsoever, or in any manner obviate the terms and conditions. of such police officer's individual employment contract with the City. The parties further agree that nothing contained in this Memorandum of Understanding ("MOU") is intended to either expressly, or by implication, supersede the presumption of at -will employment created by Labor Code Section 2922. The parties further agree that nothing in this article, or in any other portion of the MOU, provides the police officer with any property rights, and that the police officer waives his or her right to assert or enjoy any such property right. 35 l,� ` ARTICLE ELEVEN MANAGEMENT RIGHTS The City retains all its exclusive rights and authority under State and Federal law and expressly and exclusively retains its management rights; which include, but are not limited to: A. The exclusive right to determine themission of its constituent departments, commissions, and boards. B. Set standards and levels of service. C. Determine the procedures and standards of selection for employment and promotions. D. Direct employees. E. Establish and enforce dress and grooming standards. F. Determine the methods and means to relieve its employees from duty because of lack of work or other lawful reasons. G. Maintain the efficiency of governmental operations. H. Determine the methods, means and numbers and kinds of personnel.by which government operations are to be conducted. I. Determine the content and intent of the job classifications. J. Determine methods of financing. K. Determine style and/or types of city -issued wearing apparel, equipment or technology to be used. L. Determine and/or change the facilities, methods, technology, means, organizational structure -and size and composition of the work force and allocate and assign work'by which the City operations are to be conducted. M. Determine and change the number of locations, relocations and type of operations processes and materials to be used in carrying out all city functions, including, but not limited to, the right to contract for or subcontract any work or operations of the City. N. Assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments upon reasonabk,notim 36 O. Establish and modify productivity and performance programs and standards. P. Discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees in accordance with applicable state law. Q - Establish employee performance standards including, but not limited to, quality and quantity standards, and to require compliance therewith. R. Take all necessary actions to carry out its mission in emergencies. S. Exercise complete control and discretion over its organization and the technology of performing its work. The exercise of such rights shall not preclude employees or their representatives from meeting and conferring or meeting and consulting, as required by law, with management representatives. KA CITY OF VERNON Mark Whitworth City Administrator / "MERR" Dated: June 30, 2011 SIGNATURE PAGE 38 VERNON POLICE OFFICERS' BENEFIT ASSOCIATION President Ignacio Estrada Vice President Date d: r, - - OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 July 6, 2011 Vernon Police Officers' Benefit Association Attn: Larry Gaytan, President 4305 Santa Fe Avenue Vernon, CA 90058 Re: Memorandum of Understanding - July 1, 2011 - June 30, 2012 Dear Mr. Gaytan: Transmitted herewith is a fully executed original Memorandum of Understanding approved by City Council on July 5, 2011, through Resolution No. 2011-127. If you have any questions regarding this matter, please call Mark Whitworth, at (323) 583-8811 ext. 398. Very tW y yours, D YA I City Clerk �12 WGY:d Enclosure c: Mark Whitworth Resolution No. 2011-127 Agreement No. 11-085 E#fusivefy Industriaf TABLE OF CONTENTS MEMORANDUM OF UNDERSTANDING Parties to the Memorandum of Understanding...................................................... 5 ARTICLE ONE: FUNDAMENTALS Section1: Recognition....................................................................... 6 Section 2: No Discrimination.................................................................. 6 Section 3: Mutual Cooperation................................................................. 6 Section4: No Layoffs........................................................................... 6 Section 5: No Strikes or Lockouts............................................................. 6 Section 6: City / VPOBA Meetings............................................................ 7 Section 7: Association Business ............................................................... 7 ARTICLE TWO: LEGAL LIMITATIONS, SAVINGS CLAUSE& TERM Section 1: Legal Limitations and Savings Clause ........................................... 8 Section2: Term.................................................................................. 8 ARTICLE THREE: SALARIES Section; 1. Police Officers ..................................... v._....................... 9 SectionI Sergeants............................................................._ .............9 Section3: Merit Steps.............................................................................9 Section 4: Salary Adjustment Increase......................................................... 10 Section 5: Premium Pay.......................................................................10 Section 6: Bilingual Pay ................................... -= _ ...................10 Section 7: "P.O.S.T. Certificate Incentive .................................................. 10 Section8: Shooting Pay......._................................................................_ I I Section 9: Field Training Office_rr »- ............................... 11 1 te Section 10: Canine Handlers..................................................................... 12 Section 11: Motor Officers....................................................................... 12 Section 12: Relief Sergeant...................................................................... 12 ARTICLE FOUR: LONGEVITY Section 1: Employees Hired Before July 1, 1995 ........................................ 13 Section 2: Employees Hired On or After July 1, 1995..................................... 14 ARTICLE FIVE: OVERTIME Section 1: Overtime Authorization............................................................ 15 Section 2: FLSA Overtime...................................................... ............ 15 Section3: Comp Time .................................................... ................... 15 Section 4: Leave Time Inclusion.............................................................. 16 Section 5: Training and Recertification...................................................... 16 Section 6: Court Attendance and "Stand By" Time ......................................... 16 Section7: Call Backs..........es......................................................-d.e_....... 18 Section8: Jury Duty........................................................................_am.. 18 Section 9: Non-Compensable.................................................................. 20 ARTICI i XIFORMS, ALLOWANCE AND SAFXTY EQUWMF.X'L Section 1: Uniform Allowance......, ........................................... _ ................ 21; Section 2: Summer Uniforms..........................a............._...._..................... 21 Section 3: Safety Equipment....................................................................21 2 r 7e ARTICLE SEVEN: BENEFITS Section 1: Public Employees Retirement System............................................22 Section 2: Supplemental PERS Benefits...................................................... 22 Section 3: Medical, Dental, Vision and Life Insurance ..................................... 22 Section 4: Retirees Medical..................................................................... 24 Section 5: Vacation Time....................................................................... 24 Section 6: "In Lieu" Holiday Time............................................................ 24 Section 7: Sick Leave............................................................................25 Section 8: Bereavement Leave.................................................................26 Section 9: Auto Insurance................................................................ ....26 Section 10: Deferred Comp ...................................... ...........................27 Section 11: Other City Employee Programs .................................................... 27 ARTICLE EIGHT: WORK SCHEDULE AND ABSENCES Section 1: Provisions.........................................:............................... 28 Section 2: Work Schedule 3/12 Plan.......................................................... 28 Section 3: Shift and 7 Code Policy ... ....................... ............................ 28 Section4: Sergeants.......................................................................... 29 Section 5: Shift Trades ........— ... .................. .............I....................... 29 Section 6: Early Relief ............. • ..•.................................................... 30 ARTICLENINE GRffVArfM14t0CEDURE GrievanceProcedure Steps.......................................................................... 31 ARTICLE_TEN: DISCIPLINE PROCEDURE Discipline Procedure Steps.......................................................................... 33 3. ARTICLE ELEVEN: MANAGEMENT RIGHTS ManagementRights................................................................................... 36 SIGNATURE PAGE Signatures.............................................................................................. 38 C! MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF VERNON AND VERNON POLICE OFFICERS' BENEFIT ASSOCIATION Parties to the Memorandum of Understanding Pursuant to Chapter 10 (section 3500 et seq) of Division 4, Title 1 of the Government Code and Resolution No. 4027, the Resolution for the administration of Employer -employee relations, the matters within the scope of representation that are set forth in this Memorandum of Understanding (MOU) have been discussed by and between representatives of the City of Vernon and the representatives of the Vernon Police Officers' Benefit Association (hereinafter "VPOBA") and except as otherwise specifically provided herein shall apply only to those defined in the aforesaid Resolution as "full-time and regular part-time employees in the Police Department except management and confidential employees" (Section 8B(2) "Group 2" ), otherwise known as Police Officers and Sergeants. This MOU constitutes a joint agreement by the Municipal Employee Relations Representative ("MERR') and the VPOBA, to be submitted to the- City. Council of Vernon for its determination and approval: by one or more Resolutions or Ordinances- the.. City Council may deem fit and proper. The MERR and the Representative of the VPOBA have agreed that they will jointly urge the City Council of Vernon to adopt one or more R6otutions or Ordinances reflecting the changes in wages, hours, and other conditions of employment agreecd:upon in this MOU. If approved, the terms agreed upon by this MOU shall take effect on July 1, 2011, and shall expire at midnight on June 30, 2012. IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN STATED, the VPOBA and the City of Vernon agree as follows: 5 a ARTICLE ONE FUNDAMENTALS Section 1: Recognition The City of Vernon recognizes the Vernon Police Officers' Benefit Association ("VPOBA") as the certified majority representative of the Group 2 employees, comprised of Police Officers and Sergeants, as the exclusive representative of the employees for purposes of collective bargaining for all terms and conditions within this Memorandum of Understanding. Section 2: No Discrimination The provisions of this Memorandum of Understanding shall be applied equally to all employees covered hereby. Neither the City nor the VPOBA shall discriminate against any individual, applicant or employee with respect to his compensation, terms, condition, or privileges of employment or because of an individual's race, color, sex, religion, national origin, age, marital status, disability, pregnancy, sexual orientation, political or religious opinions or affiliations, or membership or non -membership in the VPOBA. Section 3: Mutual Cooperation The parties recognize the necessity of cooperating on matters of mutual concern and interest and agree to work together to maximize, the effectiveness of the Police Department and the City and to accomplish legislative and fundng:.goals in their mutual interest. Section 4: No Layoffs The City will not lay off any personnel represented by the VPOBA through June 30, 2012. Section 5: No Strikes or Lockouts, , During the life of this agreement no work_ stoppages, strikes, slowdowns, or picketing sh be caused or sanctioned by the VPOBA; and no lockouts shall be made by the City. 1 3- Section 6: CityNPOBA Meetings Representatives from the VPOBA and the City -Administrator's office shall meet as needed to discuss issues of mutual concern. Section 7: Association Business Representatives of the VPOBA shall be allowed time to conduct their Association business as necessary during work hours. Coordination of such work will be made with the Chief of Police to ensure the availability of staffing levels for such meetings. 7 C ARTICLE TWO LEGAL LIMITATIONS, SAVINGS CLAUSE, AND TERM Section 1: Legal Limitations and Savings Clause It is understood and agreed that this Memorandum of Understanding (including, but not limited to, the provisions of the Fair Labor Standards Act) and any and all Resolutions or Ordinances adopted in implementation thereof are and shall be subject to all present and future applicable federal and state laws and regulations and shall be effective and implemented only to the extent permitted by such laws and regulations. If any part of this Memorandum of Understanding or of any Resolution or Ordinance adopted in Implementation thereof is in conflict or inconsistent with any such applicable provisions of federal and state laws or regulations or otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended and superseded, and such applicable laws and regulations and the remainder of this Memorandum of Understanding shall not be affected thereby and shall remain in full force and effect. Section 2• Term The VPOBA and City of Vernowhereby expressly waive any right to requewchangps in this MOU regarding the wages, hours, or other conditions of employment of employ in the classifications represented by the VPOBA that would take effect prior to July 1, 201Z�. and neither party shall be required to meet and confer as to any such request. If the VP013A or City desires to negotiate a successor MOU, either ice, upon the other a written request between Fdxwary 1, 2012, and March 1, 2012. ARTICLE THREE SALARIES Section 1: Police Officer Step 6 (Police Recruit at the Academy) $5,605 Step 5 (After graduation from the Academy and sworn in) $5,913 Step 4 (6 months after graduation from the Academy) $6,238 Step 3 (18 months after graduation from the Academy) $6,581 Step 2 (30 months after graduation from the Academy) $6,943 Step 1 (42 months after graduation from the Academy) $7,325 Section 2: Sergeant Step 6 (Upon appointment) $6,823 Step 5 (12 months after appointment to step 6) $7,198 Step 4 (12 months after appointment to step 5) $7,594 Step 3 (12 months after appointment to step 4) $8,012 Step 2 (12 months after appointment to step 3) $8,453 Step 1 (12 months after appointment to. step 2) $8,918 Section 3: Merit Steps Promotions or salary increases to higher, pay grades are merit steps only, and shall be available to employees as recognition and reward forsatisfactory services with the time frames described for the position of Police Officer, and after one -,(I) year at present grade for Sergeants. However, the promotion or salary increase to any said gr shall remain the sole discretion of the City Council Notwithstanding the above provision, any person employed in a position of Police Officer, Step 6, shall be appointed to Step 5 upon his/her successful completion in an assigned accredited training academy, and any person employed in a position of Police Officer, Step 5, shall be appointed to Step 4 after serving at least six (6) months in the field and upon receiving a merit evaluation of satisfactory/competent-. Any person who qualifies for said increase shall have M his/her anniversary date for future merit increases established as of the date said officer is appointed to said grade. Section 4: Salary Adjustment Increase In the event there is a salary inequity between ranks or between employees within the Department, the Chief of Police may incorporate a service adjustment increase up to ten percent (10%) per month of their base salary. Section 5: Premium Pay In the event a Police Officer or a Sergeant is assigned to the Detective Division, the Professional Standards Division, or an outside detail or task force, he/she shall receive premium pay equal to five percent (5%) of his/her base pay per month, and the premium pay shall not be considered to be part of the employee's base monthlysalary when computing Peace Officers Standards and Training (P.O.S.T.) certificate incentives; however, it shall be considered as part of the base monthly salary for purposes of computing overtime pay and last highest annual salary. Section 6: Bilin1jual Pay A Group 2 employee may be compensated for bilingual skills after the employee demonstrates proficiency inspeaking a foreign language (the ability to read and write in a foreign language may also be tested, if necessary), which proficiency would be determined by successful completion of the Cal State Fullerton or other designated foreign language proficiency test designated by the Vernon Police Department. Those employees who successfully demonstrate this skill,ara, eligible to receive an additional One Hundred Twenty -Five Dollars ($125.00) per month for bilingual. -pay and 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; however, it shall be considered as part of the base monthly salary for purposes of computing the last highest annual salary. Section 7 Peace Officers. Standards and Training ("Post") Certificate Incentive Group 2 employees who have completed their evaluation period shall be entitled to P.O.S.T. certificate pay as follows: • Three percent (3%) of the employee's basic monthly salary, excluding all other 10 IN Each officer assigned as a Field Training Officer shall complete a P.O.S.T. approved Field Training Officer School prior to assignment. The number of field training officers, qualifications, and training for such assignment shall be determined by the Chief of Police. Such assignment maybe revoked at any time without recourse to the disciplinary procedure Section 10: Canine Handlers Each member of the canine team is responsible for the care and maintenance of their assigned Police Service Dog (PSD) both on and off duty. Each handler assigned to the canine team will be paid three (3) hours of overtime each week at a rate of time and one half. This overtime pay will compensate the handler for the time spent providing care for their PSD outside of normal duty hours. Section 11: Motor Officers Each Operator shall be provided with one (1) hour off per work week for motorcycle maintenance. Time off shall be scheduled either at the beginning or end of a shift with the Watch Commander to ensure sufficient staffing levels. Section 12: Relief Sergeant Vernon has established a SergeanAT&_relief position with a salary equal to the salary received by patrol sergeants. The Chief ofPblicc,has the discretion to assign additional duties to the , Sergeant assigned to this position. 12 ARTICLE FOUR LONGEVITY Section 1: Employees Hired Before July 1, 1995 Effective August 31, 1986, the City established a four -step Longevity program for all employees. Said Longevity program is as follows: • All eligible employees who have five years of service on or before August3l, 1986, shall receive an additional five percent (5%) per month of their base salary effective August 31, 1986, and every year thereafter until reaching the next Longevity level. Employees upon reaching their 5th anniversary date after August 31, 1986, shall be entitled to said five percent (5%) per month upon said anniversary date. • All eligible employees who have ten (10) years of service on or before July 1, 1987, shall receive an additional ten percent (10%) per month of their base salary effective July 1, 1987, and every year thereafter until reaching the next Longevity level. Employees upon reaching their loth anniversary date after July 1, 1987, shall be entitled to said ten percent (10%) per month upon said anniversary date. Said ten percent (10%) is in place of the five percent (5%) referenced in paragraph 1 above and not cumulative therewith. • All eligible employees who have fifteen (15) years of service on or before July 1, 1988, shall receive an additional fifteen percent (15%) per month of their base salary effective July 1, 1988, and every year thereafter until reaching the next Longevity level. Employees upon reaching their 15th anniversary date after July 1, 1988, shall be entitled to said fifteen percent (15%) per month upon said date. Said fifleempercent (15%) is in place of each of the amounts referenced in paragraphs 1 and 2 above and not cumulative therewith. • All eligible employees who have twenty (20) yearn of service on or before July 1, 1989, shall receive an additional twenty percent (20%) per month of their base salary effective July f 1989, and every year thereafter. Employees upon reaching their 20th anniversary date after July 1, 1989 shall be entitled to said twenty percent (20%) per month upon said 13 anniversary date. Said twenty percent (20%) is in place of each of the amounts referenced in paragraphs 1, 2 and 3 above and not cumulative therewith. Section 2: Employees Hired on or After July 1, 1995 All employees in Group 2 who are hired on or after July 1, 1995, who attain five (5) years of consecutive uninterrupted employment shall receive an additional five percent (5%) per mouth of their base salary. Such employees shall he entitled to receive such five percent (5%) increase upon reaching their 5th anniversary date. Such employees will not be entitled to receive any additional Longevity percentage increase to their base salary for further service. 14 M ARTICLE FIVE OVERTIME Section 1: Overtime Authorization All overtime requests must have prior written authorization of a supervisor prior to the commencement of such overtime work. Where prior written authorization is not feasible, explicit verbal authorization must be obtained. Where verbal authorization is obtained, written authorization must be obtained as soon thereafter as practicable. Dispatched calls extending beyond the end of duty time are considered as authorized. Section 2: F.L.S.A. Overtime Group 2 employees required to perform in excess of the standard work period of 160 hours in a 28-day cycle shall receive compensation at the rate of time and one-half their regular rate of pay or time and one-half "compensatory time" for each hour worked. The regular rate of pay shall include the following components in addition to base salary: • P.O.S.T. Certificate Pay • Special Assignment Pay Section 3: Compensatory Time Group 2 employees may not earn more than forty (40) hours of compensatory time during any FLSA 28-day cycle. At such time as an employee earns forty (40) hours of compensatory time within a given 28-day work cycle, any additional.,overtime in that cycle shall be paid to the employee at time and one-half of his/her regular rate -of pay. Group 2 employees may not accumulate more than 240 hours of compensatory time. An employee must be paid at the rate of time -and one. -half for any overtime worked beyond the 240- hour compensatory time "cap." 15, Section 4: Leave Inclusions In determining an employee's eligibility for overtime compensation in a work period, paid leaves of absence will be included in the total number of hours worked. Paid leaves of absence include, but are not limited to, the following: 1. Vacation 2. Holiday Leave 3. Sick Leave 4. Administrative Leave 5. Compensatory Leave 6. Workers' Compensation Leave (4850 time) 7. Jury Duty 8. Bereavement Leave 9. Military Leave r Section 5: Training and Recertification Time Training time that is required is compensable. However, if the training time meets all of the following, it is not compensable: 1. Attendance is outside the employee's normal work shift; and 2. Attendance is voluntary; and 3. The training is not directly related to the employee's current assignment; and 4. The employee does not perform work for the City during the training. Recertification time that is directly related to an employee's job will be compensable if completed during assigned work hours. Section 6: Court Attendance and "Stand By" Time Court Appearances Employees in Group 2 shall be compensated- for court appearances in the line of duty outside 16, regular scheduled duty hours as follows: A. Court appearances which extend beyond an employee's normal shift assignment shall be compensated as paid overtime. For purposes of calculating F.L.S.A. overtime pursuant to this section of this MOU, only the actual time spent in court or traveling in a City vehicle to and from the station shall be credited as hours worked. Travel time to and from one's private residence shall not be considered hours worked and shall not be compensated in any manner whatsoever. B. Notwithstanding the provisions of "A" above, Group 2 employees required to attend court sessions outside their regular schedule duty work shift shall be compensated a minimum guarantee of four (4) hours at time and one-half (1.5). C. If an employee is required to stay beyond four hours in court, the employee shall be compensated at time and one-half (1.5) at their regular hourly rate for all hours spent in their court duty assignment that day. Stand By Time If an employee receives a subpoena to be placed on standby, the effected employee shall be compensated for Stand By status as follows: A. An employee who is placed on Stand By status for a half court day, which shall consist of either a morning session or afternoon session of court, shall be paid Sixty Dollars ($60.00). B. An employee who is on Stand By status for a full court day, which shall consist of the morning,session "the afternoon session of court, on the same day, shall be paid One Hundred Nineteen Dollars ($119.00). However, if said employee is required to appear in court, he/she shall receive court appearance compensation read= than Stand By compensation for his/her time in court. C. The parties agree that Stand By pay shall not count toward hours worked and that the provision complies with the F.L.S.A. D. Alternatively, an employee (at the employee's option and with the permission of the 17 Chief of Police or his designee) on court Stand By may report to the police station, in uniform, for assignment while awaiting court. Under these circumstances, an employee shall be compensated on an hour -for -hour basis (if on overtime, at time and a half) for time actually worked while on Stand By. E. No additional payment other than that set forth in Section 6 of the MOU shall be made for Court Pay. Section 7: Call Backs Call Back duty occurs when an employee is ordered to report to duty on a non -regularly scheduled work shift. Call Back does not occur when an employee is held over from his/her prior shift or is working prior to his/her regularly scheduled shift. This provision is also to be distinguished from Court pay, which is to be used when an employee is called to court. An employee called back to duty shall be credited with a minimum of four hours work. Any hours worked in excess of four hours shall be credited on an hour -for -hour basis (at time and one-half compensation) for actual time worked. If the employee is ordered to return to work immediately, his work time shall be credited commencing immediately after the employee has been directly contacted by the employer. Section 8: Jury Duty I. Policy A. In the event a Group1employee is called to serve jury duty, the City will provide "Jury Duty Pay" as set fob 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. "Jury 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 in effect at the time of the mileage incurred will be 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 Group 2 employees of the City of Vernon III. Work Schedule While Serving on Jury Duty A. A Group 2 employee must immediately notify his or her supervisor upon receipt of a jury duty summons. B. 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. C. Group 2 employees shall retain any Jury Duty Mileage Pay. D Group 2-employees. will be required to return to work, if regularly scheduled to work, as soon as tImT are released from their jury duty. IV. Vacation A. If Section III.B is complied with, the City of Vernon will not require Group 2 employees who are called for jury duty to schedule vacation time when summoned. to appear in court. V. Compensation 19 A. The City of Vernon will only compensate those Group 2 employees called for jury duty for the days he or she appears in court pursuant to Section III.B. A Group 2 employee will be compensated up to two weeks at full pay for jury duty. Section 9: Non-Compensable A. City Vehicle Use —Group 2 employees who are provided with a City vehicle to travel to and from work shall not be compensated in any manner whatsoever for travel time to and from work. This provision also applies in those situations where the radio must be left on and monitored unless answering a call for service. B. Clothes/Uniform Changing Time —Group 2 employees are not authorized to wear their uniforms or any part thereof that is distinguishable as such unless on duty. Each employee is provided with a locker for his/her personal convenience. Any employee may or may not utilize the locker for storage and changing purposes at his/her own discretion. Nothing herein prevents an employee from wearing his/her uniform to and/or from his/her residence to work as long as the badge and insignia are covered in a non - police issue garment such as a windbreaker. Employees choosing to wear their uniforms covered to and/or from work should not wear their "Sam -Browne" belt. Time spent in changing clothes before or after shift, or during lunch, is not considered hours worked and is not Compensable in any manner whatsoever. C. Exempt --The Chief of Police and Captains are exempt from overtime. For purposes of treatment of overtime, the classification of Police Sergeant shall be treated in the same manner as Police Officers. 20 Section 1 ARTICLE SIX UNIFORMS, ALLOWANCE AND SAFETY EQUIPMENT Uniform Allowance The City will pay each Group 2 employee who has completed his or her first year of service with the City and who is on the active payroll of the Vernon Police Department the sum of One Thousand Dollars ($1,000) per fiscal year for the purchase of uniforms and related equipment. Such payment shall occur within the month of August of each year. It is the intent of the parties hereto that the payments provided for in this ARTICLE constitute reimbursement for incurred expenses and not earned income. Section 2: Summer Uniforms Group 2 employees who are assigned to patrol will be allowed to utilize summer uniforms (blue shirt/blue shorts) on any day at the discretion of the Chief of Police. The Chief of Police shall establish authorization or notification procedures, as well as summer uniform requirements. Section 3: Safety Equipment The City shall, every three (3) years, pay one half of the cost of the member's individual body armor if the. ,member presents to the City a receipt for body armor that meets Departmental specifications. If the. City provides individual body armor to an employee, and the employee accepts such body armor,then the -three (3) year time period shall begin upon acceptance of the body armor by the employee. Group 2 employees who carry a private weapon which has been expressly approved by - the, Vernon Police Department and suffer the loss or damage of such weapon in the line of duty shall be compensated by the City of Vernon up to the amount of replacement cost of the official issue weapon of the Vernon Police iYepartment unless such loss or damage was caused by the employee's negligence. 21 ARTCLE SEVEN BENEFITS Section 1: Public Employee Retirement System ("PERS") The City shall maintain its contract with the California Employees Public Retirement System (PERS) that provides the Group 2 employees with three.percent (3%) at 50 PERS retirement benefit plan. Group 2 employees shall be responsible for paying their PERS nine percent (9%) employee's contributions. Section 2: Supplemental PERS Retirement Benefits The City agrees to provide additional supplemental retirement benefits to Group 2 employees under PERS as follows: • Gov't Code Section: 20042 — One Year Final Compensation: Final compensation is the average full-time monthly pay rate for the highest twelve (12) consecutive months. • Gov't Code Section: 20124 - Military Service Credit as Public Service: Employees may elect to purchase up to four (4) years of service credit. • Gov't Code Section: 21571 — Basic Level of 1959 Survivor Benefits: Provides surviving benefactor a monthly allowance up to four -hundred thirty dollars ($430). • Gov't Code Section: 21624 & 21626 & 21628 - Post Retirement Survivor Allowance: Provides surviving spouse fifty percent (50%) of the amount of retirement allowance, dependent on option choices, in effect at the time of death of retiree. Section 3_ Medical, Dental, Vision and Life Insurance Medical: The City offers three medical plans to employee& -that consist of two (2) HMO and 22 one (1) PPO plan. The parties may change these plans upon their written agreement. Group 2 employees represented by the VPOBA shall continue to receive from the City full medical insurance premium contributions for themselves and their eligible dependents through December 31, 2011, as well as the identical contributions to dental, vision and life insurance as that received by the miscellaneous employees of the City. Beginning January 1, 2012, the following shall apply: A. For Group 2 employees enrolled in either of the HMO plans, the City shall pay monthly 100% of the cost of the plan for employees and eligible dependents, not to exceed $1,050 per month. The cost of any plan selected by the employee that exceeds $1,050 shall be paid by the employee through a pre-tax deduction. B. For Group 2 employees enrolled in the PPO plan, the City shall pay monthly 100% of the cost of the plan for employees and eligible dependants, not to exceed $800 per month. In addition, for each employee enrolled in a PPO plan, annually the City shall make lump sum contributions to a health savings account (HSA) as follows: $1,500 in January, and $500 each in March, June and September. The cost of any PPO plan selected by the employee that exceeds $800 shall be paid by the employee through a pre-tax payroll deduction. Dental: The City of Vernon provides a dental insurance plan. The City shall pay 100%. of the cost of such plan for employees. Vision: Thew.City of Vernon provides a vision care plan to employees. The City shall pay 100% of the cost of such a plan for employees only. Employees shall have the caption of purchasing vision care for their dependents ata cost of $6.95 for one dependent or $13.95 fortwo or' mare dependents. Life Insurance: The City provides a life insurance plan to employees. The City shall pay 100% of the cost of such plan for employees. 23 IN The City's agreement to pay full or partial costs of said premiums shall not create or ripen into a vested right for said employee; however, the City shall be obligated to pay the cost or provide said medical, dental, vision, and life, insurance benefits as described so long as this MOU remains in effect. Section 4: Retiree's Medical Employees in the classifications represented by VPOBA and/or in "Group 2" who have been employed as sworn safety personnel for a minimum of twenty (20) years and a minimum of 10 (ten) years of that service has been in the employment of the City of Vernon shall receive lifetime medical benefits for themselves and their spouses when they leave the employment of the City; Section 5: Vacations A. Accrual • Vacation accrual after the first year of service: 120 hours per year • Vacation accrual after ten (10) years of service: 160 hours per. year • Vacation accrual after completion of twenty-five (25) years of service: 170 hours per year B. Policy 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: Any request will be honored only if, in the opinion of the Chief or his designee, dw-manpower or service level on the day or days_aad.,at the times requested is adequate to permit granting such a request. Vacation time provided for herein shall be accumulated from calendar year to calendar year, and shall be compensated for if not utilized during said period. Sectio eu".Holidays Group 2 employees shall receive one hundred and ten (110) "in ieu" holiday hours per fiscal year. "In lieu" holidays will be credited to each employee on each July I in which he/she is on 24 the active payroll of the Department in a classification represented by the VPOBA and must be taken prior to the immediately following July 1. "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. "In lieu" holidays, if not taken, shall not be paid for except if the employee was denied an opportunity to take them off during the fiscal 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 possible payroll check on or after July 1 of the fiscal 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. If the City Council, during the fiscal year, provides one or more additional holidays to the miscellaneous employees in addition to those holidays provided for in Resolution No. 8764, Group 2 employees shall receive the same number of any additional holidays. Any additional "in lieu" holiday time received by Group 2 employees will be for a maximum of ten (10) hours per day received. Section 7: Sick Leave Group 2 employees only receive sick leave accrual while they are in a paid status. Employees shall accrue sick time at a rate of 3.08 hours per pay period (80 hour annually), with a maximum cap of 960 hours. Upon reaching the, cap, employees will continue to accrue sick leave provided; however, in the final pay period in December~ each year all accrued sick leave in excess of 960 hours shall be cashed in at fifty percent (50%) of the employee's regular rate of pay. If a Group 2 employee separates or terminates employment with the City, they shall be compensated for any accrued sick leave hours at the time of separation not to exceed 960 hours. Employees that separate from service with more than 20 years of service credit shall be compensated at 100% of their current pay rate applied to the first 480 sick leave hours and 50% 25 ® I - for their remaining hours up to the cap of 960 hours. Employees with less than 20 years of service shall be compensated at 50% of their then current pay rate up to the cap of 960 hours. Employees shall have the option of obtaining service credit for the accrued, unused sick leave hours instead of a cash payment pursuant to California Government Code Section 20965. Group 2 employees are expected to contact their supervisor or Department head as soon as possible to report a sick leave time off notification and provide appropriate information on the nature of the illness or injury and the expected duration of the time off. Employees unable to report for duty due to an illness should be required to call in and notify the on -duty supervisor a minimum of 2 hours before they are due to start their shift. A Group 2 employee who is absent on sick leave for more than two (2) consecutive shifts shall be required by his or her supervisor to provide a doctor's note in order to be paid for the sick leave. Section 8• Bereavement Leave When an employee is compelled to be absent from duty by reason of death or critical illness (where death appears imminent) of a member of the employee's immediate family (father, mother, brother, sister, spouse, children, mother-in-law, father-in-law, grandmother, grandfather, or grandchildren), such person will be permitted, subject to the Chief of Police's approval, to a leave of abmcemith payof up to twenty-five (25) hours. An employee shall not be granted paid Bereavement Leave,.Ior more than 25 hours in any six-month period, for the same family member. Employees will be allowed to utilize their vacation time, any compensatory time, or any Ii lieu" holiday time -that is due to the employee, in order to lengthen such bereavement time. The employee shall furnish satisfactory evidence of such death or critical illness to the Chief of Police, if requested. Section 9: Auto Insurance Group 2 employees are eligible to participate in the auto insurance program for all employees 26 wherein the City will contribute thirty-five dollars ($35) per month per employee toward said employee participation. Section 10: Deferred Compensation Group 2 employees are eligible to participate in the City's Deferred Compensation Program. Section 11: Other City Employee Programs Group 2 employees are eligible to participate in all City sponsored programs passed by City Council Resolutions that are intended to benefit all employees in the areas of, but are not limited to, the following: • Buyback of military leave for PERS retirement time • Computer loan purchase plan • Life insurance • Corrective eye surgery plan • Hearing aid devise plan • Tuition reimbursement plan • Family Medical Leave Act (FMLA) 27 ARTICLE EIGHT WORK SCHEDULE AND ABSENCES Section 1: Provisions The Vernon Chief of Police at his sole discretion shall establish the work schedule. No existing personnel in Group 2 will be laid off during the term from July 1, 2011, through June 30, 2012. Section 2: Work Schedule 3/12 Plan Law Enforcement agencies are allowed to establish a work period of any length between seven (7) and twenty-eight (28) consecutive days. At the City, employees must work one hundred sixty (160) hours per twenty-eight (28) day cycle. In order to be compliant, Group 2 employees will work three (3), twelve and one half hour (121/2) days per week with a ten (10) hours payback per month, without incurring any overtime. In the event the City needs to adjust any work schedule, the City agrees that no such modification will be conducted without first notifying the effected employee a minimum of 10 days prior to the change, unless agreed to by the effected employee(s) and the Chief of Police or his designee. The City agrees to continue the 3/12 Plan for Group 2 employees assigned to patrol, with the exception of specific assignments.. 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 rmt andz shall not become a vested right in any manner, and that a decision to terminate such 3/12 Plan is subject to the meet and confer process. Section 3: Shift and Code Seven Policy: Patrol personnel shall work a twelve- and -one-half (121/2) hour shift. The first one-half hour shall be -use for -briefing and training purposes. Lunch time (Code 7) shall be part of the shift and is compensable-., 28 2 Section 4: Sergeants Patrol sergeants are entitled to thirty-two (32) weekends off per year (including Saturday, Sunday and Monday). In the event there is a need to adjust a Patrol Sergeant's work schedule due to staffing issues, no such modification will be conducted without first notifying the affected Sergeant a minimum of 10 days prior to the schedule adjustment. There may be an exception to the minimum schedule change notice if the affected Sergeant is an agreement to an immediate change in his/her work schedule. Section 5: Shift Trades The practice of shift trading shall be voluntary on behalf of each employee involved in the trade. A shift trade must be pre -approved by a supervisor. The trade must be due to the employee's desire or need to attend to a personal matter and not due to the department's operations. The employee providing the trade shall not have his/her compensable hours increased as a result of the trade; nor shall the employee receiving the trade have his/her compensable hours decreased as a result of the trade. If one individual fails to appear for the other (regardless of the reason), the person who was scheduled as a result of the shift trade will be listed as absent without leave and may be subject to discipline. Any premium pay or other extra compensation shall continue to accrue only to the person originally entitled to the premium pay or extra. cQmpensation. Any hours worked beyond the normal work day will be credited to the individual actually doing the work. "Paybacks" of shift trade are the obligation of the two employees involved in the trade. Pay -backs are to be completed within one (1) calendar year of the date of the initial shift trade. Any dispute as to the paybacks is to be resolved by the involved employees, and under no circumstances will the department be obligated for any further compensation whatsoever to. any 00A of the involved employees. The department is not responsible in any manner for hours owed to employees by other employees that leave the employment of the City or are assigned other duties. A record of all initial shift trades and "paybacks' shall be maintained by the involved employees on forms provided by the Department. Section 6: Early Relief The practice of early shift relief shall be voluntary on behalf of each employee involved in the relief. The employee providing the early relief shall not have his/her compensable hours increased as a result of the early relief; nor shall the employee relieved early have his/her compensable hours decreased as a result of the early relief. "Paybacks" of early relief hours are the sole obligation of the two employees involved in the early relief. Any dispute is to be resolved by the involved employees, and under no circumstances will the Department be obligated for any further compensation whatsoever to any of the involved employees. The Department is not responsible in any manner for hours owed to employees by other employees who leave the employment of the City or are assigned other duties. IM ARTICLE NINE GRIEVANCE PROCEDURE Vernon has adopted a grievance procedure applicable to all Police Officers and Sergeants containing the following principles: A grievance will be defined. as a dispute between the City and an employee or employees adversely affected thereby over interpretation or application of any provision of this Memorandum of Understanding or policy. "Days" as used herein shall be those days that the City Hall of the City of Vernon is open part or all of the , day. "Immediate Supervisor" is the lowest lever management or supervisory person having immediate jurisdiction over the grievant. Step 1 The aggrieved employee shall present orallyor in writing his grievances to his immediate supervisor within ten (10) working days of the occurrence of the action giving rise to the grievance. Discussions will be informal for the purpose of settling differences in the simplest and most direct manner.The immediate supervisor shall reach a decision and communicate it orally or in writing to the aggrieved employee and the Municipal Employee Relations Representative (MERR) within five (5) working days from the date the grievance was presented to him. Ste If the the griev==,,Js not settled at the first step to the satisfaction• of all parties, either the MERR or the aggrieved employee -within ten (10) working days of the answers -in the. first step, shall reduce the grievance to writing, sign it and present it to the Department Hea€1 orhis designee. The Department Head or his designee shall obtain the facts concerning the alleged ,grievance and shall within five (5) working days of receipt of the written grievance conduct a meeting between himself, his representative if needed, the aggrieved employee, and `the employee's representative. The Department Head or his designee shall notify the aggrieved'employ4e and the MERR of his decision not later than five (5) working days following the meeting date. 3.1 l/" Step 3 If the grievance is not settled at Step 2, it may, upon the request of either the employee or the MERR, be submitted to the mediation of the California State Conciliation Service. The mediator designated by the Service shall attempt to adjust the grievance. Proposals, concessions and admissions made during the course of such mediation shall be confidential and not be used in any subsequent proceedings. If the grievance is not settled to the satisfaction of all parties within twenty (20) days after the designation of the mediator by the Services, then the grievance shall be deemed not to have been settled at Step 3. Step 4 If the grievance is not settled to the satisfaction of all parties at Step 3, then the grievance shall be submitted to the City Council of the City of Vernon for determination. The Council shall conduct such hearing and receive such evidence as it deems appropriate. The City Council will make the final decision at its sole discretion; however, the mediator from Step 3 above will be allowed to participate with the Council during an executive deliberative session wherein management representatives and employee representatives shall be excluded from said deliberative session. The Council's decision will the final step in the city's Grievance Procedure and will be provided in a written format that will be given to the grievant after the decision is made. MA ARTICLE TEN DISCIPLINE PROCEDURE The parties agree that the current Discipline Procedure as described below is in need of modification to reflect current industry practices. The parties agree that during the first month of July of 2011 a committee will be formed to discuss, research, and address modifications to the current Discipline Procedure and to make a joint recommendation for changes. The committee will be comprised of two members of the Police Department administration appointed by the Police Chief; two members appointed by the City Administrator; and two members of the Vernon Police Officers' Benefit Association appointed by the Association. The charge of this committee will be to reach consensus agreement for a committee recommendation that will be presented to the City and Association within 90 days of their first meeting. If both the City and the Association agree with the committee's recommendations, those recommendations will be adopted by the City and the Police Department within 30 days after written approval by both parties. Current Disciplinary Procedure The parties hereby recognize that the City Council of the City of Vernon, in Resolution No. 6811, Section 1, at p. 6, have declared, and have so stated in all salary resolutions, their intention to reserve unto the City Council, complete and exclusive discretion to determine matters relating to discharge, suspension or other matters of discipline of all employees in conformance with its long standing view and policy that all employees of the City of Vernon serve at the will and pleasure of the City Council. The parties also recognize that all employees of the City of Vernon are at -will employees and that the issue of property rights is not subject to negotiation or the meet and confer process established by Resolution No. 4027. However, the parties recognize that the Public Safety Officers Procedural Bill of Rights Act (the "Act") (Government Code Section 3300, et. seq.) provides for the administrative appeal of certain types of disciplinary actions. The procedural details for implementing the provisions of such administrative appeal shall be as follows: 33 ON Step 1 Any police officer who wishes to proceed with an administrative appeal after a decision by -the City Council regarding a disciplinary action must make a written request for the administrative appeal. The written request must identify each of the issues which said officer intends to address during the administrative appeal and must be personally delivered to the office of the City Administrator of the City of Vernon within ten (10) working days after receiving written notice of the City Council's decision imposing the subject discipline. The parties agree that if such written request is not submitted to the City Administrator's office in a timely manner, said police officer shall have waived his or her right to proceed with the administrative appeal. Step 2 After receipt of the written request for the administrative appeal, the City Administrator shall, within forty (40) days, schedule the administrative appeal for a closed session at a scheduled City Council meeting. The police officer shall have the right to have the matter proceed in open session, but must make the City Council aware of this choice before the appeal begins. The City Administrator shall provide the police officer with at least ten (10) days notice of the scheduled City Council meeting when the administrative appeal will be heard. Step 3 The City Council shall conduct thcc administrative appeal, and shall consider and receive such evidence as it deems appropriate. Step 4 Said police officer shall not have the right to subpoena witnesses or cross-examine any witnesses, but shall be permitted to submit written documents and oral testimony. Step 5 The City Council's decision will be provided in a writtenformat which will be given to the police officer after the decision is made. The decision of the City Council shall be final and shall be binding on the parties. 34 The parties agree that the administrative appeal provided for under this article shall not create a vested property right in said police officer's job in any manner whatsoever, or in any manner obviate the terms and conditions of such police officer's individual employment contract with the City. The parties further agree that nothing contained in this Memorandum of Understanding ("MOU") is intended to either expressly, or by implication, supersede the presumption of at -will employment created by Labor Code Section 2922. The parties further agree that nothing in this article, or in any other portion of the MOU, provides the police officer with any property rights, and that the police officer waives his or her right to assert or enjoy any such property right. 35 �` ARTICLE ELEVEN MANAGEMENT RIGHTS The City retains all its exclusive rights and authority under State and Federal law and expressly and exclusively retains its management rights, which include, but are not limited to: A. The exclusive right to determine themission of its constituent departments, commissions, and boards. B. Set standards and levels of service. C. Determine the procedures and standards of selection for employment and promotions. D. Direct employees. E. Establish and enforce dress and grooming standards. F. Determine the methods and means to relieve its employees from duty because of lack of work or other lawful reasons. G. Maintain the efficiency of governmental operations. H. Determine the methods, means and numbers and kinds of personnel by which government operations are to be conducted. I. Determine the content and intent of the job classifications. J. Determine methods of financing. K. Determine style and/or types of city -issued wearing apparel, equipment or technology to be used. L. Determine and/or change the facilities, methods, technology, means, organizational structure and size and composition of the work force and allocate and assign work'by which the City operations are to be conducted. M. Determine and change the number of locations, relocations and type of operations processes and materials to be used in carrying out all city functions, including, but not limited to, the right to contract for or subcontract any work or operations of the City. N. Assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments upon reasonable,<noti, 36- O. Establish and modify productivity and performance programs and standards. P. Discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees in accordance with applicable state law. Q. Establish employee performance standards including, but not limited to, quality and quantity standards, and to require compliance therewith. R. Take all necessary actions to carry out its mission in emergencies. S. Exercise complete control and discretion over its organization and the technology of performing its work. The exercise of such rights shall not preclude employees or their representatives from meeting and conferring or meeting and consulting, as required by law, with management representatives. 37 I CITY OF VERNON Ma Whitworth City Administrator / "MERR" Dated: June 30, 2011 SIGNATURE PAGE 38 VERNON POLICE OFFICERS' BENEFIT ASSOCIATION President Ignacio Estrada Vice President Dated:O' RECEIVED JUN 3 0 2011 STAFF REPORT CITY CLERWS OFFICE CITY ADMINISTRATION DATE: June 29, 2011 TO: Honorable Mayor and City Council FROM: Mark C. Whitworth, City Administrator RE: Vernon Police Officers' Benefit Association Memorandum of Understanding The new Memorandum of Understanding (MOU) between the City of Vernon and Vernon Police Officers' Benefit Association (VPOBA) takes more than 15 official City documents, including the original Police MOU established in the 1980s and numerous City side letter agreements, amendments and resolutions, as well as many current Police Department polices, and brings them together into one comprehensive and easily understood official "Memorandum of Understanding." The new MOU is a documented summary of not only the City's obligations, but also the obligations of the VPOBA members of the City of Vernon as well. This MOU between the City of Vernon and the Vernon Police Officers' Benefit Association updates, simplifies and brings together 25 years of side lettersand resolutions and will provide the foundation for all future contract discussions and negotiations between the City and VPOBA members. Noteworthy Conditions: 1. Provides NO increase in base salary for any officers. 2. Increases by 30 hours per year "in lieu" holiday time for police officers (leave time that will not require backfilling or overtime). 3. Extends for one year the current "no layoff' guarantee by the City. (Note: A "no layoff' guarantee in no way affects the City's ability to discharge an unacceptable employee; nor does it require the city to replacement an employee who might leave the department for any reason). 4. Provides a modest increase in compensation for required court appearances, an adjustment that is in line with other municipalities' police department policies. 5. Requires the police officers to adopt the City's medical insurance contribution program beginning January 1, 2012. 6. Requires the police officers to pay their 9% own Employee PERS contributions starting July 1, 2011, a full two months before their current contract protection for this provision was set to expire. 7. Affirms and lists some but not all of Management's Rights. 8. Sets up a process to review and revise if the City agrees the current police disciplinary process (that is in need of updating). The City and VPOBA representatives agree to the terms and conditions in the MOU and have fully executed said document. Recommendation It is recommended. that the enclosed Memorandum of Understanding for the Vernon Police Officers' Benefit Association, covering the period of July 1, 2011 through June 30, 2012, be approved by resolution at the July 5, 2011 City Council meeting.