Resolution No. 2012-094RESOLUTION NO. 2012-94
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A
MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY
OF VERNON AND THE VERNON FIREMEN'S ASSOCIATION
WHEREAS, the Vernon Firefighters Association ("VFA") has been
recognized as an employee organization and have met and conferred with
the Municipal Employee Relations Representative of the City of Vernon
(the "MERR"); and
WHEREAS, on July 5, 2011, the City Council of the City of
Vernon adopted Resolution No. 2011-124 approving a Memorandum of ,
Understanding setting forth certain terms and conditions for employment
of firemen by the City of Vernon, for the period of July 1, 2011
through June 30, 2012; and
WHEREAS, the members of the VFA and the City of Vernon desire
to execute an MOU covering the period July 1, 2012 through June 30,
2014.
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 the Memorandum of Understanding between the City of Vernon and
the Vernon Firemen's Association, in substantially the same form as the
copy which is attached hereto as Exhibit A.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Municipal Employee Relations Representative to execute
said MOU for, and on behalf of, the City of Vernon and the City Clerk,
or Deputy City Clerk, is hereby authorized to attest thereto.
SECTION 4: The City Council of the City of Vernon hereby
instructs 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 5: 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 Deans Richens, President of the Vernon Firemen's
Association.
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 19thday of June, 2012.
Name: William J. Davis
Title: Mayor Pro-Tem
- 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. 2012-94, 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, June 19, 2012, and thereafter was duly signed by the
Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this '.,14 day of June, 2012,,at Vernon, California.
(SEAL)
liard'G.�'Yama,duqtii, jtj(ty Clerk
- 3 -
EXHIBIT A
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LOCAL
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TABLE OF CONTENTS
MEMORANDUM OF UNDERSTANDING
Parties to the Memorandum of Understanding ................................................... .. 4
ARTICLE ONE: FUNDAMENTALS
Section 1:
Recognition ..........................................................................
5
Section 2:
No Discrimination ..................................................................
5
Section 3:
Mutual Cooperation .................................................................
6
Section4:
No Layoffs ...........................................................................
6
Section 5:
No Strikes or Lockouts .............................................................
6
Section 6:
City / VFA Meetings .................................................................
6
Section 7:
Association Business ...............................................................
6
Section 8:
License Requirement ...............................................................
7
Section 9:
Payroll Deduction ...................................................................
. 7
ARTICLE TWO: LEGAL LIMITATIONS, SAVINGS CLAUSE & TERM
Section 1: Legal Limitations and Savings Clause ........................................... 8
Section 2: Waiver and Term .................................................................... 8
ARTICLE THREE: SALARIES
Section 1: Administrative and Regional Training Captains ................................. 10
Section2: Captains ............................................................................... 10
Section 3: Engineer and Administrative Engineer ............................................ 10
Section 4: Firefighter/Paramedic Coordinator ................................................ 10
Section 5: Firefighter/Paramedic ............................................................... 10
Section 6: Firefighter and Administrative Firefighter ........................................ 10
Section7: Step Advances ........................................................................ I I
Section 8: Salary Adjustment Increase ........................................................ I I
Section9: Bilingual Pay ......................................................................... 12
Section 10: Educational Incentive Pay ......................................................... 12
Section 11: Hazardous Materials Specialist Pay .............................................. 12
Section 12: Urban Search and Rescue Specialist Pay .......................................... 12
Section 13: Physical Fitness/Wellness Program ................................................ 13
Section 14: Computation of Pay ................................................................. 13
ARTICLE FOUR: LONGEVITY
Section 1: Employees Hired On or Before June 30, 1994 .................................. 14
Section 2: Employees Hired After June 30, 1994 ........................................... 14
ARTICLE FIVE: OVERTIME
Section 1: Overtime Authorization ............................................................ 15
Section 2: Leave Inclusion ..................................................................... 16
Section 3: Training and Recertification ........................................................ 17
Section4: Call Backs.. � ............ .............................................................. 17
Section5: Jury Duty ............................................................................ 18
Section 6: Non-Compensable .................................................................. 19
ARTICLE SIX: UNIFORMS AND BULLETIN BOARDS
Section 1: Uniform Allowance ................................................................. 20
Section 2: Bulletin Boards ...................................................................... 20
ARTICLE SEVEN: BENEFITS
Section 1: Public Employees Retirement System ............................................ 21
2
Section 2: Supplemental PERS Benefits ....................................................... 21
Section 3: Medical, Dental, Vision and Life Insurance ..................................... 22
Section 4: Retirees Medical ...................................................................... 23
Section5: Vacation Time ....................................................................... 24
Section 6: "In Lieu" Holiday Time ............................................................ 24
Section7: Sick Leave ............................................................................ 25
Section 8: Bereavement Leave ................................................................. 26
Section 9: Auto Insurance ....................................................................... 26
Section 10: Deferred Comp ....................................................................... 26
Section 11: Educational Reimbursement ........................................................ 27
Section 12: Other City Employee Programs ................................................... 27
ARTICLE EIGHT: WORK SCHEDULE AND ABSENCES
Section
1:
FLSA Work Period ................................................................
28
Section
2:
Work Schedules ...................................................................
28
Section
3:
Association Business ...............................................................
28
Section4:
Shift Trades ..........................................................................
29
Section5:
Early Relief ..........................................................................
30
ARTICLE NINE: GRIEVANCE PROCEDURE
Grievance Procedure Steps ........................................................................... 31
ARTICLE TEN:- MANAGEMENT RIGHTS
ManagementRights ................................................................................... 33
SIGNATURE PAGE
Signatures.............................................................................................. 35
3
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
FA"
VERNON FIREMEN'S ASSOCIATION, IAFF LOCAL 2312
Parties to the Memorandum of Understanding
Pursuant to Chapter 10 (section 3500 et seq) of Division 4, Title I 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 Firemen's Association, [AFF Local 2312
(hereinafter "VIZA"), and except,as otherwise specifically provided herein shall apply only to
those defined in the aforesaid Resolution as "full-time swom and regular part-time employees in
the Fire Department except management and confidential employees," otherwise known as Chief
Officers.
This MOU constitutes a joint agreement by the Municipal Employee Relations Representative
("MERR") and the VFA, 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 VFA 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, 2012, and shall
expire at midnight on June 30, 2014.
IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN STATED, the VFA
and the City of Vernon agree as follows:
El
ARTICLE ONE
FUNDAMENTALS
Section 1: Recoenition
The City recognizes the Vernon Firemen's Association as the exclusive recognized employee
organization on behalf of all full-time swom, non -management personnel engaged in fire
prevention, suppression, administration and paramedic services within the City, including, but
not limited to, employees occupying the job classifications of Firefighter, Administrative
Firefighter, Firefighter/ Paramedic, Firefighter/ Paramedic Coordinator, Fire Engineer,
Administrative Engineer, Fire Captain, Regional Training Captain, and Administrative Captain.
Section 2: No Discrimination
The City and the Association are committed to working together to support a work environment
characterized by fair treatment and access to equal opportunities.
The provisions of this Memorandum of Understanding shall be applied equally to all employees
covered hereby. Neither the City nor the VFA 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 VFA. '
The terms "they" and "their" may be used in this agreement as substitutes for the terms "his,"
"her," "his/her", "he," "she," or other terms which would indicate masculine or feminine gender.
Whenever the male gender is used herein it shall be construed to refer to both male and female
employees.
Except as limited by the specific and express terms of this Memorandum of Understanding, the
Association hereby retains and reserves unto itself all rights, powers, authority, duties and
responsibilities conferred on and vested in it by the laws and the Constitution of the State of
California and/or the United States.of America. The parties specifically agree that neither VFA
nor any VFA representative or member shall be discriminated against, intimidated, coerced,
5
disciplined or retaliated against because of the. lawful exercise of its or his rights, including, but
not limited to, the right to participate in VFA activities, serve as a VFA officer or director, or
otherwise represent the interests of VFA.
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 Fire 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 VFA through the term of this
agreement.
Section 5: No Strikes or Lockouts
During the life of this agreement no work stoppages, strikes, or slowdowns shall be caused or
sanctio ned by the VFA, and no lockouts shall be made by the City.
Section 6: City/VFA Meetin2s
Representatives from the VFA and the City Administrator's office shall meet as needed to
discuss issues of mutual concern.
Section 7: Association Business
Representatives of the VFA shall be allowed time to conduct their Association business as
necessary during work hours. Representatives of the VFA shall have reasonable access to the
work sites of unit employees at any time during the working hours to conduct Association
business as long as such visits do not unreasonably interfere with the conduct of the City's usual
business and the employee's work.
Coordination of such work will be made with the Fire Chief to ensure the availability of staffing
levels for such meetings. Representatives of VFA may use any Fire Department facilities free of
charge for its Board of Directors and general membership meetings provided such facility is not
ri
otherwise booked. VFA shall secure approval from the Fire Chief for the date and time it wishes
to secure use of the facility. The granting of such approval will be made if the City facility is not
otherwise scheduled to be used at the time of VFA's request.
No unit employee shall engage in political activity while on duty or in uniform.
Section 8: Driver's License Reguirement
Firefighters of all ranks from captain and below must maintain at the minimum a Class C
driver's license with a firefighter endorsement. New firefighters must attain their license within
their probationary period. Exceptions to this requirement must be approved by the Fire Chief.
Section 9: Payroll Deduction
The City shall, during the term of this agreement, effect a payroll deduction for . membership
dues, service fees and other charges authorized pursuant to an executed form signed by the
employee permitting such deductions. Any payroll deductions collected by the City shall be
transmitted on a biweekly basis to the treasurer of the Association, or such other party designed
in writing � by the Association. The City shall not be obligated to put into effect any new,
changed, or discontinued deduction . until the first pay period commencing not more than thirty
(30) days after receiving the request. This provision shall remain operative as long as VFA is the
exclusive recognized employee organization of unit employees.
7
ARTICLE TWO
LEGAL LIMITATIONS, SAVINGS CLAUSE, AND TERM
Section 1: Leeal Limitations and Savines Clause
It is understood and agreed that this Memorandum of Understanding (including, but not limited
to, the provisions of the Pair 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; however, should the
invalid or illegal provisions relate to the compensation or benefits of unit employees, the City
shall replace such illegal or invalid provision with another of substantially equal value such that
unit employees suffer no financial detriment. The precise replacement compensation or benefit
shall be determined by the parties after meeting and conferring in good faith.
Section 2: Waiver of Bareainine and Term
The VFA and City of Vernon hereby expressly waive any right to request changes in this MOU
regarding the wages, hours, or other conditions of employment of employees in the
classifications represented by the VFA that would take effect prior to July 1, 2014, and neither
party shall be required to meet and confer as to any such request.
Each of the parties acknowledges that it had a full and unrestricted right to make, advance, and
discuss all matters properly within the scope of the meet -and -confer process in accordance with
the Meyers-Milias-Brown Act (Cal. Gov't Code 3500, et. seq.). Except as otherwise provided
herein during the term of this Memorandum of Understanding, the parties expressly waive and
relinquish the right to compel the other to meet and confer except by their mutual consent with
respect to any subject or matter, whether referred to or covered by this Memorandum . of
Understanding or not, even though each subject or matter may or may not have been within that
party's knowledge or, contemplation at the time they met and conferred or executed this
Memorandum of Understanding.
If the VFA or City desires to negotiate a successor MQU, either party may serve upon the other a
written request between February 1, 2014, and March 1, 2014.
0
ARTICLE THREE
SALARIES
Section 1: Administrative Captain and
Regional Training Captain Julv 1. 2012
Step 1 $8,949
Step 2 $8,482
Step 3 $8,040
Section 2: Captain
Step 1
Step 2
Step 3
Section 3: Engineer and Administrative Engineer
Step 1
Step 2
Step 3
$8,515
$8,071
$7,650
$7,149
$6,776
$6,423
Section 4: Firefighter/Paramedic Coordinator
Step 1 $7,507
Step 2 $7,115
Step 3 $6,744
Section 5: Firefighter Paramedic
Step 1
$7,149
Step 2
$6,776
Step 3
$6,423
Section 6: Firefighter and Administrative Firefighter
Step 1 $6,096
Step 2 $5,778
Step 3 $5,477
Step 4 $5,191
10
Julv 1. 2013
$9,217
$8,736
$8,281
$8,770
$8,313
$7,880
$7,363
$6,979
$6,615
$7,732
$7,328
$6,946
$7,363
$6,979
$6,615
$6,279
$5:952
$5,642
$5,348
Additional: During the term of the agreement the parties shall discuss the formulation of a
total compensation survey comparing Vernon firefighters, paramedics, engineers and captains to
those in the cities to be mutually agreed upon at that time; provided, however, there shall be no
obligation to implement any increases as a result of the survey.
Section 7: Sten Advancement
The Fire Chief may make appointments to or advancements within the prescribed ranges of
specific positions upon evaluation of employee qualifications and performance. Normally,
employees shall be appointed to Step 3 (Step 4 for Firefighter and Administrative Firefighter)
and shall be eligible to be advanced through the steps in their allocated schedules as follows:
• Firefighter/Administrative Firefighter: After six (6) months of satisfactory service, an
employee appointed at Step 4 shall receive a salary step increase to Step 3 of the
prescribed schedule. Each year thereafter the employee shall progress to the next highest
salary step of the prescribed schedule. An employee originally appointed to a step other
than Step 4 shall receive a step increase one year after his appointment and each year
thereafter.
• All other classes: Each year of satisfactory service an employee shall be eligible to
progress to the next highest salary step of the prescribed schedule.
Promotions or salary increases to higher grades are merit steps only and shall be available to
employees as recognition for satisfactory services after one (1) year in service at present grade.
The promotion or salary increase to said grade shall remain the sole discretion of the City
Council.
Section 8: Salary Adiustment Increase
In the event there is a salary inequity between ranks or between employees within the
Department, the Fire Chief may incorporate a service adjustment increase up to ten percent
(10%) per month of their base salary.
11
Section 9: Bilineual Pav
A unit employee may be compensated for bilingual skills after the employee demonstrates
proficiency in speaking a foreign language, which proficiency would be determined by
successful completion of the Cal State Fullerton or other designated foreign language proficiency
test designated by the Vernon Fire Department. Those employees who successfully demonstrate
this skill are eligible to receive an additional One Hundred Twenty -Five Dollars ($125.00) per
month for bilingual pay. It shall be considered as part of the base monthly salary for purposes of
computing the last highest annual salary.
Section 10: Education Incentive Pav
• A unit employee who has completed his initial hire probationary period and who holds a
fire science certificate or has completed course equivalent thereto (i.e., 30 units of fire
science related courses) shall receive an additional three percent (3%) per month of their
base salary after satisfactory completion of their evaluation period.
• A unit employee who holds an AA or AS Degree in Fire Science or Fire Technology with
completion of five (5) years of uninterrupted service with the Fire Department shall
receive an additional three percent (3%) per month of their base salary.
• Education incentive pay is cumulative for a maximum of 6%.
Section 1: Hazardous Materials Suecialist Pav
A unit employee certified as a Hazardous Materials Specialist shall receive special compensation
of one hundred and twenty-five dollars ($125.00) per month above their base pay. The City
shall, as expeditiously as possible, send each unit employee to all training necessary to achieve
accreditation as a Hazardous Materials Specialist.
Section 12: Urban Search and Rescue (USAR) Pav
A unit employee certified as a USAR Specialist shall receive special compensation of one
hundred and twenty-five dollars ($125.00) per month above their base pay. The City shall, as
12
expeditiously as possible, send each unit employee to all training necessary to achieve
accreditation as a USAR Specialist.
Section 13: Phvsical Fitness/Wellness Proeram
This program is mandatory for all fire safety personnel. Any individual who after one (1) year of
participation has completed a pre-program fitness evaluation, minimum participation
requirements, bi-annual fitness evaluations and verification of participation by the Battalion
Chief will receive two hundred fifty dollars ($250.00) The Physical Fitness/Wellness program
is attached hereto as Attachment "A", and incorporated herein.
Section 14: Computation of Pav
A. 40 -hour personnel
Unit -employees assigned to a 40 -hour work week shall be paid on an hourly basis. The
hourly rate shall be the product of dividing the monthly salary by 173.3. Upon being
assigned to a 40 -hour schedule an employee's accrued leave shall be reduced by a factor
of 1.4 and paid to the employee upon use or separation at the employee's 40 -hour regular
rate of pay. Upon being reassigned to a 56 -hour schedule, all such accrued leave shall be
increased by a factor of 1.4.
B. 56 -hour platoon personnel
All Fire Department employees assigned to a fifty-six (56) hour week would be paid a
widely fluctuating amount each pay period if they were paid for hours actually worked;
therefore, such employees shall be paid for the average number of hours in a two (2)
week period, one hundred and twelve (112) hours. Exceptions for leave without pay
hours shall be reported and deducted from the average when pay is computed. The
"Exception Report" shall be in a form approved by the City Administrator.
13
ARTICLE FOUR
LONGEVITY
Section 1: El mnlovees Hired On or Before June 30. 1994
Upon attaining 5 years of service with the City of Vernon........................5% above base pay
Upon attaining 10 years of service with the City of Vernon ...........................10% above base pay
Upon attaining 15 years of service with the City of Vernon.....................15% above base pay
Upon attaining 20 years of service with the City of Vernon.....................20% above base pay
A Captain upon attaining 30 years of service with the City of Vernon .......... 25% above base pay
Section 2: Emnlovees Hired After June 30. 1994
Upon attaining 5 years of service with the City of Vernon........................5% above base pay
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. Dispatched calls extending beyond the end of duty time
are considered as authorized.
A. Policy
It shall be the policy of the Vernon Fire Department to honor personnel requests for
time off when possible, and distribute overtime opportunities in a fair and equitable
manner to all members. It shall be the Department's priority to maintain essential
staffing levels when arranging coverage.
B. Order of Filling Vacancies
Overtime vacancies will be filled on a rank -for -rank basis by first referring to the list
of personnel in the same rank as the vacancy who have signed up for overtime
availability for that day. The individual in the same rank with the least overtime
worked that calendar year will have the first opportunity to work the overtime
vacancy.
If that employee does not elect to work the overtime shift, the person in the same rank
as the vacancy with the next least amount of overtime worked that calendar year will
have the next opportunity. This process will be followed until the overtime vacancy
is filled or the list of personnel within the same rank as the vacancy is exhausted.
In the event the vacancy is unfilled, the same process will be used for those personnel
who have signed up as available to work overtime that day who are qualified to act in
the rank in which the vacancy exists. If that list is also exhausted and the vacancy is
not filled, the person that is not presently working and that is of the same rank as the
15
vacancy with the least mandated overtime worked that calendar year shall be
mandated to work the overtime shift.
C. What Overtime Vacancies Will Be Filled
a. Any vacancy that is the result of an employee using vacation leave shall be
filled.
b. A vacancy that is the result of an employee using sick leave may be filled at
the discretion of the Fire Chief, provided, however, if two or more employees
within the same rank (Captain., Engineer., Paramedic, Firefighter) are absent
due to sick leave, the department shall be required to fill all but one of those
positions.
c. Any vacancy that drops suppression staffing below twenty-two ( 22) positions
shall be filled; provided, however, that in the event such vacancies exist due to
deployment of wildfire strike teams, the figure shall be dropped to eighteen
(18).
Section 2: Leave Inclusions
A. 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 / In -Lieu Leave
3. Sick Leave
4. Administrative Leave
5. Compensatory Leave
6. Workers' Compensation Leave (4850 time)
7. Jury Duty
16
8. Bereavement Leave
9. Military Leave
10. Association Leave Time
Section 3: Trainine 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
1 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 or authorized for overtime by the Fire Chief.
Section 4: Cali Backs
Call Back duty occurs when an employee is ordered to return 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.
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.
I7
Section 5: Jury Du
A. 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 unit employees of the City of
Vernon.
B. Work Schedule While Serving on Jury Duty
a. The unit .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
18
Jury Duty Pay. An employee must return all Jury Duty Pay to the Court if
paid by the Court.
c. The unit employee shall retain any Jury Duty Mileage Pay.
d. The unit employee will be required to return to work, if regularly
scheduled to work, as soon as they are released from their jury duty.
C. Vacation — If Section 8B is complied with, the City of Vernon will not require
unit employees who are called for jury duty to schedule vacation time when
summoned to appear in court.
D. Compensation -- The City of Vernon will only compensate those unit employees
called for jury duty for the days he or she appears in court pursuant to Section 5.
A unit employee will be compensated up to two weeks at full pay for jury duty.
Section 6: Non -Compensable
A. City Vehicle Use—Unit 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:
B. Clothes/Uniform Changing Time—Unit 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 -unit
issue garment such as a windbreaker.
Time spent in changing clothes before or after shift, is not considered hours worked
and is not compensable in any manner whatsoever.
An employee shall be allowed to make off duty presentations without compensation
in uniform upon the approval of a chief officer.
19
ARTICLE SIX
UNIFORM ALLOWANCE AND BULLETIN BOARDS
Section 1: Uniform Allowance
On the first pay check in August each year, each unit employee shall be paid the sum of Seven
Hundred and Twenty -Five Dollars ($725.00) for the purchase of uniforms. A unit employee
hired by the City shall receive an initial issue of uniforms. Uniform allowance is special
compensation that shall be deemed earned when paid and shall be reported to CalPBRS as
compensation earnable.
The City shall provide all unit employees all required safety equipment, including, but not
limited to, work boots.
Section 2: Bulletin Boards
The City shall provide a bulletin board for use by the VFA at each fire station, provided that any
documents posted shall be in good taste and shall not reflect adversely upon the City or its
employees.
20
ARTICLE SEVEN
BENEFITS
Section 1: Public Emolovee Retirement Svstem (11PERS11)
The City shall maintain its contract with the California Employees Public Retirement System
(PERS) that provides VFA unit employees with the three percent (3%) at 50 safety retirement
benefit plan.
Unit employees shall be responsible for paying their PERS nine percent (9%) employee's
contributions.
Section 2: Suonlemental PERS Retirement Benefits
The City agrees to provide additional supplemental retirement benefits to VFA unit 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: 21574 — 4th Level of 1959 Survivor Benefits:
• 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, that is effect at the time of death of retiree.
• Pre -Retirement Ontion 2W Death Benefit 21548
• Gov't Code Section: 20965 -Credit for Unused Sick Leave
21
Section 3: Medical. Dental. Vision and Life Insurance
Medical: The City offers three medical plans to employees that consist of two (2) HMO and
one (1) PPO plan. The parties may change these plans upon their written agreement.
A. For unit 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
$1,100 per month. The cost of any plan selected by the employee that exceeds $1,100
shall be paid by the employee through a pre-tax deduction.
B. For unit 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 $850 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 $850 shall be paid by the employee through a
pre-tax payroll deduction.
Dental: Employees may purchase dental insurance through the City by pre-tax payroll
deduction and/or applying any unused portion of the City's contribution towards medical
insurance.
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.
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.
22
Section 4: Retiree's Medical
The City will pay up to the HMO insurance premium cost for the City's medical -dental
insurance program for all full-time regular employees with at least twenty (20) years of
continuous uninterrupted service who retire at age fifty (50) or later, and the City shall continue
to pay said premium for said retired employee up to the age of sixty-five (65).
All full-time regular employees with at least twenty (20) years of continual service who retire
before the age of fifty (50) years will be permitted to pay their health insurance premium for the
City's medical -dental insurance program, and upon their reaching the age of fifty (50), the City
will pay up to the HMO insurance premium cost for said medical -dental insurance for said
retired employee only, up to the age of sixty-five (65).
For retired employees who receive medical -dental insurance benefits pursuant to paragraphs 1
and 2 above and who reach the age of sixty-five (65), said retiree employees shall apply for
Medicare coverage, whereupon the City insurance will become supplemental coverage, if
applicable. The City will pay up to the HMO premium cost to provide for medical -dental
insurance as supplemental insurance only to Medicare because the City will not be the primary
insurance carrier once the employee reaches the age of sixty-five (65).
All retired employees; with a minimum of ten (10) years of continuous uninterrupted service
with the City may pay the premiums for medical -dental insurance up to the age of sixty-five (65)
after which Medicare will become the primary insurance carrier and further may pay
supplemental insurance to Medicare thereafter.
Additional: The City and Vernon Firemen's Association, Local 2312, agree to continue
negotiations regarding the City's Medical and Retirees Medical after the MOU is ratified and
signed by both parties. Moreover, the Association shall participate in a city-wide committee to
examine all components of the City's Medical and Retiree Medical insurance programs. If any
agreements are ultimately reached and ratified by both parties relative to these specific sections,
those agreements will then be incorporated into the MOU. If, however, there is no mutual
agreement reached between the VIA and the City to amend the medical and/or retiree medical
benefits set forth in this agreement, the terms of those benefits contained in the MOU shall
remain in full force and effect.
23
Section 5: Vacation Time
A. Annual Accrual For 56 -Hour Personnel
• 9 years or less: 13 shifts (12 hours per pay period)
• 10 - 24 years: 15 shits (13.85 hours per pay period)
• 25 or more: 16 shifts (14.77 hours per pay period)
B. Annual Accrual for 40 Hour Personnel
• 9 years or less: 120 hours (4.62 hours per pay period)
• 10 — 24 years: 160 hours (6.16 hours per pay period)
• 25 or more: 170 hours (6.54 hours per pay period)
C. Policy
A Maximum of 8 platoon personnel per shift shall be permitted off on vacation
leave consisting of any combination of the following:
• Captains- maximum of 2 off per shift.
• Engineers- maximum of 2 off per shift.
• Paramedics- maximum of 2 off per shift.
• Firefighters- maximum of 3 off per shift.
D. Carry Over of Vacation Leave
Employees are permitted to carry-over one year's annual accrual from calendar year
to calendar year. At the end of every calendar year, employees who have accrued
vacation hours in excess of their permitted carry-over shall be paid their regular rate
of pay of all such excess hours.
Section 6: "In Lieu" Holidays
Unit employees shall be credited with three (3) 24-hour holiday "in lieu" shifts (72 hours total)
per year. "In lieu" holidays will be credited to each employee on each July 1 in which he/she is
on the active payroll of the Department in a classification represented by the VFA and must be
taken prior to the immediately following July 1.
24
"In lieu" holidays may be taken on dates desired by the employee subject to the needs of the
Vernon Fire Department.
Any accrued, unused hours shall be paid at the employee's regular rate of pay, computed in
accordance with the applicable Salary Resolution of Vernon, in the pay period inclusive of June
301h, or upon separation from employment.
If the City Council, during the fiscal year, provides one or more additional holidays to the
miscellaneous employees, that shall not affect the number of "in lieu" holidays for the employees
represented by the VIA.
Section 7: Sick Leave
Unit employees only receive sick leave accrual while they are in a paid status.
A. Platoon personnel accrue sick time at the rate of 5.54 hours per pay period (144 hours
annually). 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 1440 hours shall be cashed in at fifty percent (50%) of the employee's regular rate of
pay.
B. Forty -hour (40 -hour) personnel accrue sick time at a rate of 3.96 hours per pay period
(103 hours annually). 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 1029 hours shall be cashed in at fifty percent (50%) of the employee's
regular rate of pay.
C: If an employee separates or terminates employment with the City, they shall be
compensated for any accrued sick leave hours at the time of separation up to the cap.
Employees that separate from service with more than 20 years of service credit will be
compensated at 100% of their current pay rate applied to the first 672 sick leave hours
(480 hours for 40 -hour personnel) and 50% for sick leave hours after that up to the cap.
Employees with less than 20 years of service will be compensated at 50% of their then
current pay rate. Employees shall have the option of obtaining service credit for their
25
accrued, unused sick leave hours instead of a cash payment pursuant to California
Government Code Section 20965.
D. An employee who is absent on sick leave for more than two (2) consecutive shifts may 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, domestic partner, children, mother-in-law, father-in-law,
grandmother, grandfather, grandmother -in-law, grandfather -in-law, grandchildren), such person
will be permitted, subject to the Fire Chief's approval, to a leave of absence with pay of up to
forty-eight (48) hours over two shifts, which need not be consecutive. An employee shall not be
granted paid Bereavement Leave for more than 48 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 "in 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 Fire
Chief, if requested.
Section 9: Auto Insurance
VFA unit employees are eligible to participate in the auto insurance program for all employees
wherein the City will contribute thirty-five dollars ($35) per month per employee toward said
employee participation.
Section 10: Deferred Compensation
The City shall continue to administer the existing 457 deferred compensation program for all unit
employees.
M
Section 11: Education Reimbursement
The educational reimbursement program is a financial assistance program that offers
reimbursements for tuition, fees and books up to a maximum of $2,200 per fiscal year. The fiscal
year is July 1 through June 30. Employees are eligible for this assistance after 12 months of
uninterrupted employment with the City of Vernon.
A grade of "C" or better (or "pass" if on a pass/fail basis) is required for reimbursement. A
request for reimbursement must be made within 60 days of receipt of grades and should include
the following: a copy of the final grade report, a copy of expenses for tuition, fees, and books;
and a completed and signed tuition reimbursement form.
Section 12: Other Citv Emolovee Programs
VFA unit 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 — Gov't Code 21024
• Computer loan purchase plan — Resolution -2011-67
• Life insurance
• Corrective eye surgery plan — Resolution 2011-65
• Hearing aid device plan — Resolution 2011-66
• Family Medical Leave Act (FMLA)
27
ARTICLE EIGHT
WORK SCHEDULE
Section 1: FLSA Work Period
The FLSA work period for unit employees assigned to a daily work schedule of twenty four (24)
hours shall be a fixed and regularly recurring work period of twenty-four consecutive days (576
hours).
Section 2: Work Schedules
A. Platoon Personnel
Unit employees assigned to a 56 -hour work week shall work a 48/96 work schedule that
consists of two consecutive 24-hour shifts followed by 96 consecutive hours off, on a
rotating three platoon basis (A, B & C Platoon). Employees that work such schedule
average 56 hours a week and 112 hours per pay period.
Unit employees assigned to work a 48/96 schedule shall begin work at 0700 hours and
terminate at 0700 hours following two 24-hour periods.
B. 40 -Hour Personnel
Unit employees assigned to work a 40 -hour work week shall be assigned to a 4/10
schedule that consists of four (4) consecutive work days of ten (10) consecutive work
hours each, inclusive of paid breaks and an unpaid 30 -minute meal period, followed three
consecutive days off, each week. Unit employees on such schedule shall be assigned to
work Monday through Thursday from 0600 to 1630 hours, unless an alternate schedule is
approved in writing by the Fire Chief and VFA.
Section 3: Association Business
The VFA President will have available to him a total of 240 hours of Association Leave Time at
the beginning of each calendar year for conducting Association business off duty during time he
and/or any of his Association board members would be regularly scheduled to work.
28
A. The VFA President will be responsible for assigning any Leave Time to his board
members. Unused hours may not be carried over from one year to the next
without the written authorization of the Fire Chief or his designee.
B. In each case where Leave Time is requested, such request must be in writing to a
battalion chief or above a minimum of 72 hours before the Leave Time is needed
unless authorized in writing by the Fire Chief or his designee.
C. Association Leave Time will not be granted if it will cause overtime unless it is
authorized in writing by the Fire Chief or his designee.
D. In no case will Association Leave Time be used for political action purposes.
Section 4: 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 he 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.
OM
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
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 or computers provided by the Department.
Section 5: 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 Firefighters 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.
St_ en 1
The aggrieved employee shall present orally or 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.
Sten 2
If the grievance 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
Steo 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
MANAGEMENT RIGI3TS
Except as limited by the specific and express terms of this Memorandum of Understanding, the
City hereby retains and reserves unto itself all rights, powers, authority, duties and
responsibilities conferred on and vested in it by the laws and the Constitution of the State of
California and/or the United States of America; provided, however, if the City's decision to
exercise such rights, powers, authority, duties and responsibilities impacts the wages, hours and
other terms and conditions of employment of unit employees, the City shall be required to first
meet and confer on the impact and effect of such decision.
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 the mission 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 for 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
33
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 employees in accordance with requirements as
determined by the City.
O. Establish and modify productivity and performance programs and standards.
P. For just cause only, 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.
Exercise complete control and discretion over its organization and the technology
of performing its work.
34
SIGNATURES
CITY OF VERNON VERNON FIREMEN'S ASSOCIATION
Mark Whitworth, City Administrator Dean Richens, President
Willard Yamaguchi, City Clerk Bill Foltz, Vice President
Dated:
Corey Hernandez, Secretary
John Flagler, Treasurer
2012 Dated: �/
35
2012
OFFICE OF THE CITY CLERK
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
June 21, 2012
Vernon Firemen's Association
Attn: Dean Richens, President
4305 Santa Fe Avenue
Vernon, CA 90058
Re: Memorandum of Understanding — July 1, 2012 — June 30, 2014
Dear Mr. Richens:
Transmitted herewith is a partially executed Memorandum of Understanding approved by City
Council on June 19, 2012, through Resolution No. 2012-94.
Please have the appropriate people execute the original Memorandum of Understanding, keep a
copy for your file and return the fully executed original to the attention of the undersigned.
If you have any questions regarding this matter, please call Mark Whitworth, at (323) 583-8811
ext. 280.
Ver , ruly yours,
WGY:dj
Enclosures
c: Mark Whitworth
Resolution No. 2012-94
Agreement No. 12-059
Ey,clusively Industrial
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
AND
VERNON FIREMEN'S ASSOCIATION
IAFF LOCAL 2312
July 1, 2012 through June 30, 2014
TABLE OF CONTENTS
MEMORANDUM OF UNDERSTANDING
Parties to the Memorandum of Understanding......................................................4
ARTICLE ONE: FUNDAMENTALS
Section 1: Recognition.......................................................................... 5
Section 2:
No Discrimination....................................................... :.......... 5
Section 3:
Mutual Cooperation................................................................. 6
Section4:
No Layoffs........................................................................... 6
Section 5:
No Strikes or Lockouts............................................................. 6
Section 6:
City / VIA Meetings................................................................. 6
Section 7:
Association Business............................................................... 6
Section 8:
License Requirement............................................................... 7
Section 9:
Payroll Deduction....................................................................7
ARTICLE TWO: LEGAL LIMITATIONS, SAVINGS CLAUSE & TERM
Section 1: Legal Limitations and Savings Clause ........................................... 8
Section 2: Waiver and Term.................................................................... 8
ARTICLE THREE: SALARIES
Section 1:
Administrative and Regional Training Captains
.................................10
Section 2:
Captains...............................................................................10
Section 3:
Engineer and Administrative Engineer............................................10
Section 4:
Firefighter/Paramedic Coordinator ................................................
10
Section 5:
Firefighter/Paramedic...............................................................
10
Section 6:
Firefighter and Administrative Firefighter........................................10
Section 7:
Step Advances........................................................................1
I
1
Section 8:
Salary Adjustment Increase........................................................
11
Section 9:
Bilingual Pay.........................................................................12
Section 10:
Educational Incentive Pay .........................................................
12
Section 11:
Hazardous Materials Specialist Pay ..............................................
12
Section 12:
Urban Search and Rescue Specialist Pay..........................................12
Section 13:
Physical Fitness/Wellness Program................................................13
Section 14:
Computation of Pay.................................................................
13
ARTICLE FOUR: LONGEVITY
Section 1: Employees Hired On or Before June 30, 1994 .................................. 14
Section 2: Employees Hired After June 30, 1994 ........................................... 14
ARTICLE FIVE: OVERTIME
Section 1: Overtime Authorization............................................................ 15
Section 2: Leave Inclusion..................................................................... 16
Section 3: Training and Recertification........................................................17
Section 4: Call Backs............................................................................. 17
Section5: Jury Duty............................................................................ 18
Section 6: Non-Compensable.................................................................. 19
ARTICLE SIX: UNIFORMS AND BULLETIN BOARDS
Section 1: Uniform Allowance................................................................. 20
Section 2: Bulletin Boards...................................................................... 20
ARTICLE SEVEN: BENEFITS
Section 1: Public Employees Retirement System............................................21
2
Section 2:
Supplemental PERS Benefits.......................................................21
28
Section 3:
Medical, Dental, Vision and Life Insurance.....................................22
28
Section 4:
Retirees Medical.....................................................................
23
Section 5:
Vacation Time.......................................................................
24
Section 6:
"In Lied' Holiday Time............................................................24
30
Section7:
Sick Leave............................................................................25
Section 8:
Bereavement Leave.................................................................26
Section 9:
Auto Insurance.......................................................................26
Section 10:
Deferred Comp.......................................................................26
Section 11:
Educational Reimbursement........................................................27
Section 12:
Other City Employee Programs ...................................................
27
ARTICLE EIGHT: WORK SCHEDULE AND ABSENCES
Section 1:
FLSA Work Period................................................................
28
Section 2:
Work Schedules...................................................................
28
Section 3:
Association Business...............................................................
28
Section 4:
Shift Trades..........................................................................
29
Section 5:
Early Relief..........................................................................
30
ARTICLE NINE: GRIEVANCE PROCEDURE
Grievance Procedure Steps.......................................................................... 31
ARTICLE TEN: MANAGEMENT RIGHTS
ManagementRights................................................................................... 33
SIGNATURE PAGE
Signatures.............................................................................................. 35
3
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
AND
VERNON FIREMEN'S ASSOCIATION, IAFF LOCAL 2312
Parties to the Memorandum of Understanding
Pursuant to Chapter 10 (section 3500 et seg) 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 Firemen's Association, IAFF Local 2312
(hereinafter "VFA"), and except,as otherwise specifically provided herein shall apply only to
those defined in the aforesaid Resolution as "full-time sworn and regular part-time employees in
the Fire Department except management and confidential employees," otherwise known as Chief
Officers.
This MOU constitutes a joint agreement by the Municipal Employee Relations Representative
("MERR") and the VFA, 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 VFA 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, 2012, and shall
expire at midnight on June 30, 2014.
IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN STATED, the VFA
and the City of Vernon agree as follows:
9
ARTICLE ONE
FUNDAMENTALS
Section 1: Recognition
The City recognizes the Vernon Firemen's Association as the exclusive recognized employee
organization on behalf of all full-time sworn, non -management personnel engaged in fire
prevention, suppression, administration and paramedic services within the City, including, but
not limited to, employees occupying the job classifications of Firefighter, Administrative
Firefighter, Firefighter/ Paramedic, Firefighter/ Paramedic Coordinator, Fire Engineer,
Administrative Engineer, Fire Captain, Regional Training Captain, and Administrative Captain.
Section 2: No Discrimination
The City and the Association are committed to working together to support a work environment
characterized by fair treatment and access to equal opportunities
The provisions of this Memorandum of Understanding shall be applied equally to all employees
covered hereby. Neither the City nor the VFA 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 VFA.
The terms "they" and "their" may be used in this agreement as substitutes for the terms "his,"
"her," "his/her," "he," "she," or other terms which would indicate masculine or feminine gender.
Whenever the male gender is used herein it shall be construed to refer to both male and female
employees.
Except as limited by the specific and express terms of this Memorandum of Understanding, the
Association hereby retains and reserves unto itself all rights, powers, authority, duties and
responsibilities conferred on and vested in it by the laws and the Constitution of the State of
California and/or the United States of America. The parties specifically agree that neither VFA
nor any VFA representative or member shall be discriminated against, intimidated, coerced,
5
disciplined or retaliated against because of the lawful exercise of its or his rights, including, but
not limited to, the right to participate in VFA activities, serve as a VFA officer or director, or
otherwise represent the interests of VFA.
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 Fire Department and the City and to
accomplish legislative and funding goals in their mutual interest.
Section 4: No Lavoffs
The City will not lay off any personnel represented by the VFA through the term of this
agreement.
Section 5: No Strikes or Lockouts
During the life of this agreement no work stoppages, strikes, or slowdowns shall be caused or
sanctioned by the VFA, and no lockouts shall be made by the City.
Section 6: City/VFA Meetings
Representatives from the VFA and the City Administrator's office shall meet as needed to
discuss issues of mutual concern.
Section 7: Association Business
Representatives of the VFA shall be allowed time to conduct their Association business as
necessary during work hours. Representatives of the VFA shall have reasonable access to the
work sites of unit employees at any time during the working hours to conduct Association
business as long as such visits do not unreasonably interfere with the conduct of the City's usual
business and the employee's work.
Coordination of such work will be made with the Fire Chief to ensure the availability of staffing
levels for such meetings. Representatives of VFA may use any Fire Department facilities free of
charge for its Board of Directors and general membership meetings provided such facility is not
IN
otherwise booked. VFA shall secure approval from the Fire Chief for the date and time it wishes
to secure use of the facility. The granting of such approval will be made if the City facility is not
otherwise scheduled to be used at the time of VFA's request.
No unit employee shall engage in political activity while on duty or in uniform.
Section 8: Driver's License Reauirement
Firefighters of all ranks from captain and below must maintain at the minimum a Class C
driver's license with a firefighter endorsement. New firefighters must attain their license within
their probationary period. Exceptions to this requirement must be approved by the Fire Chief.
Section 9: Pavroll Deduction
The City shall, during the term of this agreement, effect a payroll deduction for membership
dues, service fees and other charges authorized pursuant to an executed form signed by the
employee permitting such deductions. Any payroll deductions collected by the City shall be
transmitted on a biweekly basis to the treasurer of the Association, or such other party designed
in writing by the Association. The City shall not be obligated to put into effect any new,
changed, or discontinued deduction until the first pay period commencing not more than thirty
(30) days after receiving the request. This provision shall remain operative as long as VFA is the
exclusive recognized employee organization of unit employees.
7
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; however, should the
invalid or illegal provisions relate to the compensation or benefits of unit employees, the City
shall replace such illegal or invalid provision with another of substantially equal value such that
unit employees suffer no financial detriment. The precise replacement compensation or benefit
shall be determined by the parties after meeting and conferring in good faith.
Section 2: Waiver of Bargaining and Term
The VFA and City of Vernon hereby expressly waive any right to request changes in this MOU
regarding the wages, hours, or other conditions of employment of employees in the
classifications represented by the VFA that would take effect prior to July 1, 2014, and neither
party shall be required to meet and confer as to any such request.
Each of the parties acknowledges that it had a full and unrestricted right to make, advance, and
discuss all matters properly within the scope of the meet -and -confer process in accordance with
the Meyers-Milias-Brown Act (Cal. Gov't Code 3500, et. seq.). Except as otherwise provided
herein during the term of this Memorandum of Understanding, the parties expressly waive and
0
relinquish the right to compel the other to meet and confer except by their mutual consent with
respect to any subject or matter, whether referred to or covered by this Memorandum of
Understanding or not, even though each subject or matter may or may not have been within that
party's knowledge or contemplation at the time they met and conferred or executed this
Memorandum of Understanding.
If the VFA or City desires to negotiate a successor MOU, either party may serve upon the other a
written request between February 1, 2014, and March 1, 2014.
9
ARTICLE THREE
SALARIES
Section 1: Administrative Captain and
Regional Training Captain Julv 1. 2012
Step 1 $8,949
Step 2 $8,482
Step 3 $8,040
Section 2: Captain
Step 1
$8,515
Step 2
$8,071
Step 3
$7,650
Section 3: Engineer and Administrative Engineer
Step 1 $7,149
Step 2 $6,776
Step 3 $6,423
Section 4: Firefighter/Paramedic Coordinator
Step 1 $7,507
Step 2 $7,115
Step 3 $6,744
Section 5: Firefighter Paramedic
Step 1
$7,149
Step 2
$6,776
Step 3
$6,423
Section 6: Firefighter and Administrative Firefighter
Step 1
$6,096
Step 2
$5,778
Step 3
$5,477
Step
$5,191
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Julv 1. 2013
$9,217
$8,736
$8,281
$8,770
$8,313
$7,880
$7,363
$6,979
$6,615
$7,732
$7,328
$6,946
$7,363
$6,979
$6,615
$6,279
$5.952
$5,642
$5,348
Additional: During the term of the agreement the parties shall discuss the formulation of a
total compensation survey comparing Vernon firefighters, paramedics, engineers and captains to
those in the cities to be mutually agreed upon at that time; provided, however, there shall be no
obligation to implement any increases as a result of the survey.
Section 7: Sten Advancement
The Fire Chief may make appointments to or advancements within the prescribed ranges of
specific positions upon evaluation of employee qualifications and performance. Normally,
employees shall be appointed to Step 3 (Step 4 for Firefighter and Administrative Firefighter)
and shall be eligible to be advanced through the steps in their allocated schedules as follows:
• Firefighter/Administrative Firefighter: After six (6) months of satisfactory service, an
employee appointed at Step 4 shall receive a salary step increase to Step 3 of the
prescribed schedule. Each year thereafter the employee shall progress to the next highest
salary step of the prescribed schedule. An employee originally appointed to a step other
than Step 4 shall receive a step increase one year after his appointment and each year
thereafter.
• All other classes: Each year of satisfactory service an employee shall be eligible to
progress to the next highest salary step of the prescribed schedule.
Promotions or salary increases to higher grades are merit steps only and shall be available to
employees as recognition for satisfactory services after one (1) year in service at present grade.
The promotion or salary increase to said grade shall remain the sole discretion of the City
Council.
Section 8: Salary Adiustment Increase
In the event there is a salary inequity between ranks or between employees within the
Department, the Fire Chief may incorporate a service adjustment increase up to ten percent
(10%) per month of their base salary.
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Section 9: Bilineual Pav
A unit employee may be compensated for bilingual skills after the employee demonstrates
proficiency in speaking a foreign language, which proficiency would be determined by
successful completion of the Cal State Fullerton or other designated foreign language proficiency
test designated by the Vernon Fire Department. Those employees who successfully demonstrate
this skill are eligible to receive an additional One Hundred Twenty -Five Dollars ($125.00) per
month for bilingual pay. It shall be considered as part of the base monthly salary for purposes of
computing the last highest annual salary.
Section 10: Education Incentive Pav
• A unit employee who has completed his initial hire probationary period and who holds a
fire science certificate or has completed course equivalent thereto (i.e., 30 units of fire
science related courses) shall receive an additional three percent (3%) per month of their
base salary after satisfactory completion of their evaluation period.
• A unit employee who holds an AA or AS Degree in Fire Science or Fire Technology with
completion of five (5) years of uninterrupted service with the Fire Department shall
receive an additional three percent (3%) per month of their base salary.
• Education incentive pay is cumulative for a maximum of 6%.
Section 11: Hazardous Materials Suecialist Pav
A unit employee certified as a Hazardous Materials Specialist shall receive special compensation
of one hundred and twenty-five dollars ($125.00) per month above their base pay. The City
shall, as expeditiously as possible, send each unit employee to all training necessary to achieve
accreditation as a Hazardous Materials Specialist.
Section 12: Urban Search and Rescue (USAR) Pav
A unit employee certified as a USAR Specialist shall receive special compensation of one
hundred and twenty-five dollars ($125.00) per month above their base pay. The City shall, as
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expeditiously as possible, send each unit employee to all training necessary to achieve
accreditation as a USAR Specialist.
Section 13: Phvsical Fitness/Wellness Proeram
This program is mandatory for all fire safety personnel. Any individual who after one (1) year of
participation has completed a pre-program fitness evaluation, minimum participation
requirements, bi-annual fitness evaluations and verification of participation by the Battalion
Chief will receive two hundred fifty dollars ($250.00) The Physical Fitness/Wellness program
is attached hereto as Attachment "A", and incorporated herein.
Section 14: Comautation of Pav
A. 40 -hour personnel
Unit -employees assigned to a 40 -hour work week shall be paid on an hourly basis. The
hourly rate shall be the product of dividing the monthly salary by 173.3. Upon being
assigned to a 40 -hour schedule an employee's accrued leave shall be reduced by a factor
of 1.4 and paid to the employee upon use or separation at the employee's 40 -hour regular
rate of pay. Upon being reassigned to a 56 -hour schedule, all such accrued leave shall be
increased by a factor of 1.4.
B. 56 -hour platoon personnel
All Fire Department employees assigned to a fifty-six (56) hour week would be paid a
widely fluctuating amount each pay period if they were paid for hours actually worked;
therefore, such employees shall be paid for the average number of hours in a two (2)
week period, one hundred and twelve (112) hours. Exceptions for leave without pay
hours shall be reported and deducted from the average when pay is computed. The
"Exception Report" shall be in a form approved by the City Administrator.
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ARTICLE FOUR
LONGEVITY
Section 1: Emnlovees Hired On or Before June 30. 1994
Upon attaining 5 years of service with the City of Vernon ........................
5% above base pay
Upon attaining 10 years of service with the City of Vernon ...........................10%
above base pay
Upon attaining 15 years of service with the City of Vernon.....................15%
above base pay
Upon attaining 20 years of service with the City of Vernon.....................20%
above base pay
A Captain upon attaining 30 years of service with the City of Vernon ..........
25% above base pay
Section 2: Emnlovees Hired After June 30. 1994
Upon attaining 5 years of service with the City of Vernon ........................ 5% above base pay
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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. Dispatched calls extending beyond the end of duty time
are considered as authorized.
A. Policy
It shall be the policy of the Vernon Fire Department to honor personnel requests for
time off when possible, and distribute overtime opportunities in a fair and equitable
manner to all members. It shall be the Department's priority to maintain essential
staffing levels when arranging coverage.
B. Order of Filling Vacancies
Overtime vacancies will be filled on a rank -for -rank basis by first referring to the list
of personnel in the same rank as the vacancy who have signed up for overtime
availability for that day. The individual in the same rank with the least overtime
worked that calendar year will have the first opportunity to work the overtime
vacancy.
If that employee does not elect to work the overtime shift, the person in the same rank
as the vacancy with the next least amount of overtime worked that calendar year will
have the next opportunity. This process will be followed until the overtime vacancy
is filled or the list of personnel within the same rank as the vacancy is exhausted.
In the event the vacancy is unfilled, the same process will be used for those personnel
who have signed up as available to work overtime that day who are qualified to act in
the rank in which the vacancy exists. If that list is also exhausted and the vacancy is
not filled, the person that is not presently working and that is of the same rank as the
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vacancy with the least mandated overtime worked that calendar year shall be
mandated to work the overtime shift.
C. What Overtime Vacancies Will Be Filled
a. Any vacancy that is the result of an employee using vacation leave shall be
filled.
b. A vacancy that is the result of an employee using sick leave may be filled at
the discretion of the Fire Chief, provided, however, if two or more employees
within the same rank (Captain., Engineer., Paramedic, Firefighter) are absent
due to sick leave, the department shall be required to fill all but one of those
positions.
c. Any vacancy that drops suppression staffing below twenty-two ( 22) positions
shall be filled; provided, however, that in the event such vacancies exist due to
deployment of wildfire strike teams, the figure shall be dropped to eighteen
(18).
Section 2: Leave Inclusions
A. 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 / In -Lieu Leave
3. Sick Leave
4. Administrative Leave
5. Compensatory Leave
6. Workers' Compensation Leave (4850 time)
7. Jury Duty
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8. Bereavement Leave
9. Military Leave
10. Association Leave Time
Section 3: 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 or authorized for overtime by the Fire Chief.
Section 4: Call Backs
Call Back duty occurs when an employee is ordered to return 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.
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.
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Section 5: Jury Duty
A. 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 unit employees of the City of
Vernon.
B. Work Schedule While Serving on Jury Duty
a. The unit .employee must immediately notify his or her supervisor upon
receipt of ajury 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
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Jury Duty Pay. An employee must return all Jury Duty Pay to the Court if
paid by the Court.
c. The unit employee shall retain any Jury Duty Mileage Pay.
d. The unit employee will be required to return to work, if regularly
scheduled to work, as soon as they are released from their jury duty.
C. Vacation — If Section 8B is complied with, the City of Vernon will not require
unit employees who are called for jury duty to schedule vacation time when
summoned to appear in court.
D. Compensation -- The City of Vernon will only compensate those unit employees
called for jury duty for the days he or she appears in court pursuant to Section 5.
A unit employee will be compensated up to two weeks at full pay for jury duty.
Section 6: Non -Compensable
A. City Vehicle Use—Unit 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.
B. Clothes/Uniform Changing Time—Unit 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 -unit
issue garment such as a windbreaker.
Time spent in changing clothes before or after shift, is not considered hours worked
and is not compensable in any manner whatsoever.
An employee shall be allowed to make off duty presentations without compensation
in uniform upon the approval of a chief officer.
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ARTICLE SIX
UNIFORM ALLOWANCE AND BULLETIN BOARDS
Section 1: Uniform Allowance
On the first pay check in August each year, each unit employee shall be paid the sum of Seven
Hundred and Twenty -Five Dollars ($725.00) for the purchase of uniforms. A unit employee
hired by the City shall receive an initial issue of uniforms. Uniform allowance is special
compensation that shall be deemed earned when paid and shall be reported to CalPERS as
compensation earnable.
The City shall provide all unit employees all required safety equipment, including, but not
limited to, work boots.
Section 2: Bulletin Boards
The City shall provide a bulletin board for use by the VFA at each fire station, provided that any
documents posted shall be in good taste and shall not reflect adversely upon the City or its
employees.
07
ARTICLE SEVEN
BENEFITS
Section 1: Public EmDlovee Retirement Svstem ("PERS")
The City shall maintain its contract with the California Employees Public Retirement System
(PERS) that provides VFA unit employees with the three percent (3%) at 50 safety retirement
benefit plan.
Unit employees shall be responsible for paying their PERS nine percent (9%) employee's
contributions.
Section 2: Suonlemental PERS Retirement Benefits
The City agrees to provide additional supplemental retirement benefits to VFA unit 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: 21574 —4th Level of 1959 Survivor Benefits:
• 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, that is effect at the time of death of retiree.
• Pre -Retirement Oration 2W Death Benefit 21548
• Gov't Code Section: 20965 -Credit for Unused Sick Leave
21
Section 3: Medical. Dental. Vision and Life Insurance
Medical: The City offers three medical plans to employees that consist of two (2) HMO and
one (1) PPO plan. The parties may change these plans upon their written agreement.
A. For unit 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
$1,100 per month. The cost of any plan selected by the employee that exceeds $1,100
shall be paid by the employee through a pre-tax deduction.
B. For unit 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 $850 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 $850 shall be paid by the employee through a
pre-tax payroll deduction.
Dental: Employees may purchase dental insurance through the City by pre-tax payroll
deduction and/or applying any unused portion of the City's contribution towards medical
insurance.
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.
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.
22
Section 4: Retiree's Medical
The City will pay up to the HMO insurance premium cost for the City's medical -dental
insurance program for all full-time regular employees with at least twenty (20) years of
continuous uninterrupted service who retire at age fifty (50) or later, and the City shall continue
to pay said premium for said retired employee up to the age of sixty-five (65).
All full-time regular employees with at least twenty (20) years of continual service who retire
before the age of fifty (50) years will be permitted to pay their health insurance premium for the
City's medical -dental insurance program, and upon their reaching the age of fifty (50), the City
will pay up to the HMO insurance premium cost for said medical -dental insurance for said
retired employee only, up to the age of sixty-five (65).
For retired employees who receive medical -dental insurance benefits pursuant to paragraphs 1
and 2 above and who reach the age of sixty-five (65), said retiree employees shall apply for
Medicare coverage, whereupon the City insurance will become supplemental coverage, if
applicable. The City will pay up to the HMO premium cost to provide for medical -dental
insurance as supplemental insurance only to Medicare because the City will not be the primary
insurance carrier once the employee reaches the age of sixty-five (65).
All retired employees; with a minimum of ten (10) years of continuous uninterrupted service
with the City may pay the premiums for medical -dental insurance up to the age of sixty-five (65)
after which Medicare will become the primary insurance carrier and further may pay
supplemental insurance to Medicare thereafter.
Additional: The City and Vernon Firemen's Association, Local 2312, agree to continue
negotiations regarding the City's Medical and Retirees Medical after the MOU is ratified and
signed by both parties. Moreover, the Association shall participate in a city-wide committee to
examine all components of the City's Medical and Retiree Medical insurance programs. If any
agreements are ultimately reached and ratified by both parties relative to these specific sections,
those agreements will then be incorporated into the MOU. If, however, there is no mutual
agreement reached between the VIA and the City to amend the medical and/or retiree medical
benefits set forth in this agreement, the terms of those benefits contained in the MOU shall
remain in full force and effect.
23
Section 5: Vacation Time
A. Annual Accrual For 56 -Hour Personnel
• 9 years or less: 13 shifts (12 hours per pay period)
• 10 - 24 years: 15 shits (13.85 hours per pay period)
• 25 or more: 16 shifts (14.77 hours per pay period)
B. Annual Accrual for 40 Hour Personnel
• 9 years or less: 120 hours (4.62 hours per pay period)
• 10 — 24 years: 160 hours (6.16 hours per pay period)
• 25 or more: 170 hours (6.54 hours per pay period)
C. Policy
A Maximum of 8 platoon personnel per shift shall be permitted off on vacation
leave consisting of any combination of the following:
• Captains- maximum of 2 off per shift.
• Engineers- maximum of 2 off per shift.
• Paramedics- maximum of 2 off per shift.
• Firefighters- maximum of 3 off per shift.
D. Carry Over of Vacation Leave
Employees are permitted to carry-over one year's annual accrual from calendar year
to calendar year. At the end of every calendar year, employees who have accrued
vacation hours in excess of their permitted carry-over shall be paid their regular rate
of pay of all such excess hours.
Section 6: "In Lieu" Holidays
Unit employees shall be credited with three (3) 24-hour holiday "in lieu" shifts (72 hours total)
per year. "In lieu" holidays will be credited to each employee on each July 1 in which he/she is
on the active payroll of the Department in a classification represented by the VFA and must be
taken prior to the immediately following July 1.
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"In lieu" holidays may be taken on dates desired by the employee subject to the needs of the
Vernon Fire Department.
Any accrued, unused hours shall be paid at the employee's regular rate of pay, computed in
accordance with the applicable Salary Resolution of Vernon, in the pay period inclusive of June
301h, or upon separation from employment.
If the City Council, during the fiscal year, provides one or more additional holidays to the
miscellaneous employees, that shall not affect the number of "in lieu" holidays for the employees
represented by the VFA.
Section 7: Sick Leave
Unit employees only receive sick leave accrual while they are in a paid status.
A. Platoon personnel accrue sick time at the rate of 5.54 hours per pay period (144 hours
annually). 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 1440 hours shall be cashed in at fifty percent (50%) of the employee's regular rate of
pay.
B. Forty -hour (40 -hour) personnel accrue sick time at a rate of 3.96 hours per pay period
(103 hours annually). 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 1029 hours shall be cashed in at fifty percent (50%) of the employee's
regular rate of pay.
C: If an employee separates or terminates employment with the City, they shall be
compensated for any accrued sick leave hours at the time of separation up to the cap.
Employees that separate from service with more than 20 years of service credit will be
compensated at 100% of their current pay rate applied to the first 672 sick leave hours
(480 hours for 40 -hour personnel) and 50% for sick leave hours after that up to the cap.
Employees with less than 20 years of service will be compensated at 50% of their then
current pay rate. Employees shall have the option of obtaining service credit for their
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accrued, unused sick leave hours instead of a cash payment pursuant to California
Government Code Section 20965.
D. An employee who is absent on sick leave for more than two (2) consecutive shifts may 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, domestic partner, children, mother-in-law, father-in-law,
grandmother, grandfather, grandmother -in-law, grandfather -in-law, grandchildren), such person
will be permitted, subject to the Fire Chiefs approval, to a leave of absence with pay of up to
forty-eight (48) hours over two shifts, which need not be consecutive. An employee shall not be
granted paid Bereavement Leave for more than 48 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 "in 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 Fire
Chief, if requested.
Section 9: Auto Insurance
VFA unit employees are eligible to participate in the auto insurance program for all employees
wherein the City will contribute thirty-five dollars ($35) per month per employee toward said
employee participation.
Section 10: Deferred Compensation
The City shall continue to administer the existing 457 deferred compensation program for all unit
employees.
26
Section 11: Education Reimbursement
The educational reimbursement program is a financial assistance program that offers
reimbursements for tuition, fees and books up to a maximum of $2,200 per fiscal year. The fiscal
year is July 1 through June 30. Employees are eligible for this assistance after 12 months of
uninterrupted employment with the City of Vernon.
A grade of "C" or better (or "pass" if on a pass/fail basis) is required for reimbursement. A
request for reimbursement must be made within 60 days of receipt of grades and should include
the following: a copy of the final grade report, a copy of expenses for tuition, fees, and books;
and a completed and signed tuition reimbursement form.
Section 12: Other Citv Emnlovee Programs
VFA unit 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 — Gov't Code 21024
• Computer loan purchase plan — Resolution -2011-67
• Life insurance
• Corrective eye surgery plan — Resolution 2011-65
• Hearing aid device plan — Resolution 2011-66
• Family Medical Leave Act (FMLA)
27
ARTICLE EIGHT
WORK SCHEDULE
Section 1: FLSA Work Period
The FLSA work period for unit employees assigned to a daily work schedule of twenty four (24)
hours shall be a fixed and regularly recurring work period of twenty-four consecutive days (576
hours).
Section 2: Work Schedules
A. Platoon Personnel
Unit employees assigned to a 56 -hour work week shall work a 48/96 work schedule that
consists of two consecutive 24-hour shifts followed by 96 consecutive hours off, on a
rotating three platoon basis (A, B & C Platoon). Employees that work such schedule
average 56 hours a week and 112 hours per pay period.
Unit employees assigned to work a 48/96 schedule shall begin work at 0700 hours and
terminate at 0700 hours following two 24-hour periods.
B. 40 -Hour Personnel
Unit employees assigned to work a 40 -hour work week shall be assigned to a 4/10
schedule that consists of four (4) consecutive work days of ten (10) consecutive work
hours each, inclusive of paid breaks and an unpaid 30 -minute meal period, followed three
consecutive days off, each week. Unit employees on such schedule shall be assigned to
work Monday through Thursday from 0600 to 1630 hours, unless an alternate schedule is
approved in writing by the Fire Chief and VFA.
Section 3: Association Business
The VFA President will have available to him a total of 240 hours of Association Leave Time at
the beginning of each calendar year for conducting Association business off duty during time he
and/or any of his Association board members would be regularly scheduled to work.
28
A. The VFA President will be responsible for assigning any Leave Time to his board
members. Unused hours may not be carried over from one year to the next
without the written authorization of the Fire Chief or his designee.
B. In each case where Leave Time is requested, such request must be in writing to a
battalion chief or above a minimum of 72 hours before the Leave Time is needed
unless authorized in writing by the Fire Chief or his designee.
C. Association Leave Time will not be granted if it will cause overtime unless it is
authorized in writing by the Fire Chief or his designee.
D. In no case will Association Leave Time be used for political action purposes
Section 4: 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.
29
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
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 or computers provided by the Department.
Section 5: 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 Firefighters 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 orally or 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.
Sten Z
If the grievance 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
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
MANAGEMENT RIGHTS
Except as limited by the specific and express terms of this Memorandum of Understanding, the
City hereby retains and reserves unto itself all rights, powers, authority, duties and
responsibilities conferred on and vested in it by the laws and the Constitution of the State of
California and/or the United States of America; provided, however, if the City's decision to
exercise such rights, powers, authority, duties and responsibilities impacts the wages, hours and
other terms and conditions of employment of unit employees, the City shall be required to first
meet and confer on the impact and effect of such decision.
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 the mission 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 for lawful
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
33
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 employees in accordance with requirements as
determined by the City.
O. Establish and modify productivity and performance programs and standards.
P. For just cause only, 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.
34
SIGNATURES
CITY OF VERNON
MarWhitworth, City Administrator
Willard Yamaguchi,
Dated:
VERNON FIREMEN'S ASSOCIATION
Dean Richens, President
Bill Foltz, Vice President
Corey Hernandez, Secretary
John Flagler, Treasurer
i .2012 Dated: , Y
35
2012
STAFF REPORT
CITY ADMINISTRATION
DATE: June 18, 2012
TO: Honorable Mayor and City Council
FROM: Mark C. Whitworth, City Administrator M
RECEIVED
JUN 18 2012
CITY CLERK'S OFFICE
RE: Vernon Firemen's Association Memorandum of Understanding
Backeround
Enclosed is the proposed Memorandum of Understanding (MOU) between the City of Vernon
and the Vernon Firemen's Association IAFF Local 2312 (VFA) covering the period of July 1,
2012 through June 30, 2014. The noteworthy provisions of the MOU remain the same as those
presented and discussed during the June 5, 2012 City Council meeting.
The City and VFA representatives agree to the terms and conditions in the MOU and have
partially executed said document.
Recommendation
It is recommended that the enclosed Memorandum of Understanding for the Vernon Firemen's
Association, covering the period of July 1, 2012 through June 30, 2014, be approved.
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
0-1k,ul
VERNON FIREMEN'S ASSOCIATION
IAFF LOCAL 2312
July 19 2012 through June 30, 2014
TABLE OF CONTENTS
MEMORANDUM OF UNDERSTANDING
Parties to the Memorandum of Understanding......................................................4
ARTICLE TWO: LEGAL LIMITATIONS, SAVINGS CLAUSE & TERM
Section 1: Legal Limitations and Savings Clause ........................................... 8
Section 2: Waiver and Term.................................................................... 8
ARTICLE THREE: SALARIES
Section 1: Administrative and Regional Training Captains.................................10
Section2: Captains...............................................................................10
Section 3: Engineer and Administrative Engineer............................................10
Section 4: Firefighter/Paramedic Coordinator ................................................ 10
Section 5: Firefighter/Paramedic............................................................... 10
Section 6: Firefighter and Administrative Firefighter........................................10
Section 7: Step Advances........................................................................11
1
ARTICLE ONE: FUNDAMENTALS
Section1:
Recognition..........................................................................
5
Section 2:
No Discrimination..................................................................
5
Section 3:
Mutual Cooperation.................................................................
6
Section 4:
No Layoffs...........................................................................
6
Section 5:
No Strikes or Lockouts.............................................................
6
Section 6:
City / VIA Meetings.................................................................
6
Section 7:
Association Business...............................................................
6
Section 8:
License Requirement...............................................................
7
Section 9:
Payroll Deduction....................................................................7
ARTICLE TWO: LEGAL LIMITATIONS, SAVINGS CLAUSE & TERM
Section 1: Legal Limitations and Savings Clause ........................................... 8
Section 2: Waiver and Term.................................................................... 8
ARTICLE THREE: SALARIES
Section 1: Administrative and Regional Training Captains.................................10
Section2: Captains...............................................................................10
Section 3: Engineer and Administrative Engineer............................................10
Section 4: Firefighter/Paramedic Coordinator ................................................ 10
Section 5: Firefighter/Paramedic............................................................... 10
Section 6: Firefighter and Administrative Firefighter........................................10
Section 7: Step Advances........................................................................11
1
Section 8: Salary Adjustment Increase
Section9: Bilingual Pay.........................................................................12
Section 10: Educational Incentive Pay ......................................................... 12
Section 11: Hazardous Materials Specialist Pay .............................................. 12
Section 12: Urban Search and Rescue Specialist Pay..........................................12
Section 13: Physical Fitness/Wellness Program................................................13
Section 14: Computation of Pay................................................................. 13
ARTICLE FOUR: LONGEVITY
Section 1: Employees Hired On or Before June 30, 1994 .................................. 14
Section 2: Employees Hired After June 30, 1994 ........................................... 14
ARTICLE FIVE: OVERTIME
Section 1: Overtime Authorization............................................................ 15
Section 2: Leave Inclusion..................................................................... 16
Section 3: Training and Recertification........................................................ 17
Section4: Call Backs ............... .............................................................. 17
Section5: Jury Duty............................................................................ 18
Section 6: Non-Compensable.................................................................. 19
ARTICLE SIX: UNIFORMS AND BULLETIN BOARDS
Section 1: Uniform Allowance................................................................. 20
Section 2: Bulletin Boards...................................................................... 20
ARTICLE SEVEN: BENEFITS
Section l: Public Employees Retirement System............................................21
FA
Section 2:
Supplemental PERS Benefits.......................................................21
28
Section 3:
Medical, Dental, Vision and Life Insurance.....................................22
28
Section 4:
Retirees Medical.....................................................................
23
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.......................................................................26
Section 11:
Educational Reimbursement........................................................27
Section 12:
Other City Employee Programs...................................................27
ARTICLE EIGHT: WORK SCHEDULE AND ABSENCES
Section 1:
FLSA Work Period................................................................
28
Section 2:
Work Schedules...................................................................
28
Section 3:
Association Business...............................................................
28
Section 4:
Shift Trades..........................................................................
29
Section 5: Early Relief.......................................................................... 30
ARTICLE NINE: GRIEVANCE PROCEDURE
Grievance Procedure Steps.......................................................................... 31
ARTICLE TEN: MANAGEMENT RIGHTS
ManagementRights................................................................................... 33
SIGNATURE PAGE
Signatures.............................................................................................. 35
3
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
AND
VERNON FIREMEN'S ASSOCIATION, IAFF LOCAL 2312
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 Firemen's Association, IAFF Local 2312
(hereinafter "VFA"), and except,as otherwise specifically provided herein shall apply only to
those defined in the aforesaid Resolution as "full-time sworn and regular part-time employees in
the Fire Department except management and confidential employees," otherwise known as Chief
Officers.
This MOU constitutes a joint agreement by the Municipal Employee Relations Representative
("MERR") and the VFA, 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 VFA 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, 2012, and shall
expire at midnight on June 30, 2014.
IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN STATED, the VFA
and the City of Vernon agree as follows:
4
ARTICLE ONE
FUNDAMENTALS
Section 1: Recoenition
The City recognizes the Vernon Firemen's Association as the exclusive recognized employee
organization on behalf of all full-time sworn, non -management personnel engaged in fire
prevention, suppression, administration and paramedic services within the City, including, but
not limited to, employees occupying the job classifications of Firefighter, Administrative
Firefighter, Firefighter/ Paramedic, Firefighter/ Paramedic Coordinator, Fire Engineer,
Administrative Engineer, Fire Captain, Regional Training Captain, and Administrative Captain.
Section 2: No Discrimination
The City and the Association are committed to working together to support a work environment
characterized by fair treatment and access to equal opportunities
The provisions of this Memorandum of Understanding shall be applied equally to all employees
covered hereby. Neither the City nor the VFA 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 VFA.
The terms "they" and "their" may be used in this agreement as substitutes for the terms "his,"
"her," "his/her," "he," "she," or other terms which would indicate masculine or feminine gender.
Whenever the male gender is used herein it shall be construed to refer to both male and female
employees.
Except as limited by the specific and express terms of this Memorandum of Understanding, the
Association hereby retains and reserves unto itself all rights, powers, authority, duties and
responsibilities conferred on and vested in it by the laws and the Constitution of the State of
California and/or the United States of America. The parties specifically agree that neither VFA
nor any VFA representative or member shall be discriminated against, intimidated, coerced,
5
disciplined or retaliated against because of the lawful exercise of its or his rights, including, but
not limited to, the right to participate in VFA activities, serve as a VFA officer or director, or
otherwise represent the interests of VFA.
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 Fire 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 VFA through the term of this
agreement.
Section 5: No Strikes or Lockouts
During the life of this agreement no work stoppages, strikes, or slowdowns shall be caused or
sanctioned by the VFA, and no lockouts shall be made by the City.
Section 6: Citv/VFA Meetines
Representatives from the VFA and the City Administrator's office shall meet as needed to
discuss issues of mutual concern.
Section 7: Association Business
Representatives of the VFA shall be allowed time to conduct their Association business as
necessary during work hours. Representatives of the VFA shall have reasonable access to the
work sites of unit employees at any time during the working hours to conduct Association
business as long as such visits do not unreasonably interfere with the conduct of the City's usual
business and the employee's work.
Coordination of such work will be made with the Fire Chief to ensure the availability of staffing
levels for such meetings. Representatives of VFA may use any Fire Department facilities free of
charge for its Board of Directors and general membership meetings provided such facility is not
0
otherwise booked. VFA shall secure approval from the Fire Chief for the date and time it wishes
to secure use of the facility. The granting of such approval will be made if the City facility is not
otherwise scheduled to be used at the time of VFA's request.
No unit employee shall engage in political activity while on duty or in uniform.
Section 8: Driver's License Reauirement
Firefighters of all ranks from captain and below must maintain at the minimum a Class C
driver's license with a firefighter endorsement. New firefighters must attain their license within
their probationary period. Exceptions to this requirement must be approved by the Fire Chief.
Section 9: Pavroll Deduction
The City shall, during the term of this agreement, effect a payroll deduction for membership
dues, service fees and other charges authorized pursuant to an executed form signed by the
employee permitting such deductions. Any payroll deductions collected by the City shall be
transmitted on a biweekly basis to the treasurer of the Association, or such other party designed
in writing by the Association. The City shall not be obligated to put into effect any new,
changed, or discontinued deduction until the first pay period commencing not more than thirty
(30) days after receiving the request. This provision shall remain operative as long as VFA is the
exclusive recognized employee organization of unit employees.
7
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; however, should the
invalid or illegal provisions relate to the compensation or benefits of unit employees, the City
shall replace such illegal or invalid provision with another of substantially equal value such that
unit employees suffer no financial detriment. The precise replacement compensation or benefit
shall be determined by the parties after meeting and conferring in good faith.
Section 2: Waiver of Bargaining and Term
The VFA and City of Vernon hereby expressly waive any right to request changes in this MOU
regarding the wages, hours, or other conditions of employment of employees in the
classifications represented by the VFA that would take effect prior to July 1, 2014, and neither
party shall be required to meet and confer as to any such request.
Each of the parties acknowledges that it had a full and unrestricted right to make, advance, and
discuss all matters properly within the scope of the meet -and -confer process in accordance with
the Meyers-Milias-Brown Act (Cal. Gov't Code 3500, et. seq.). Except as otherwise provided
herein during the term of this Memorandum of Understanding, the parties expressly waive and
8
relinquish the right to compel the other to meet and confer except by their mutual consent with
respect to any subject or matter, whether referred to or covered by this Memorandum of
Understanding or not, even though each subject or matter may or may not have been within that
party's knowledge or contemplation at the time they met and conferred or executed this
Memorandum of Understanding.
If the VFA or City desires to negotiate a successor MOU, either party may serve upon the other a
written request between February 1, 2014, and March 1, 2014.
C
ARTICLE THREE
SALARIES
Section 1: Administrative Captain and
Regional Training Captain
Julv 1. 2012
Julv 1. 2013
Step 1
$8,949
$9,217
Step 2
$8,482
$8,736
Step 3
$8,040
$8,281
Section 2: Captain
$7,149
$7,363
Step 1
$8,515
$8,770
Step 2
$8,071
$8,313
Step 3
$7,650
$7,880
Section 3: Engineer and Administrative Engineer
Step 1
$7,149
$7,363
Step 2
$6,776
$6,979
Step 3
$6,423
$6,615
Section 4: Firefighter/Paramedic Coordinator
Step 1
$7,507
$7,732
Step 2
$7,115
$7,328
Step 3
$6,744
$6,946
Section 5: Firefighter Paramedic
$5,191
$5,348
Step 1
$7,149
$7,363
Step 2
$6,776
$6,979
Step 3
$6,423
$6,615
Section 6: Firefighter and Administrative Firefighter
Step 1
$6,096
$6,279
Step 2
$5,778
$5.952
Step 3
$5,477
$5,642
Step 4
$5,191
$5,348
10
Additional: During the term of the agreement the parties shall discuss the formulation of a
total compensation survey comparing Vernon firefighters, paramedics, engineers and captains to
those in the cities to be mutually agreed upon at that time; provided, however, there shall be no
obligation to implement any increases as a result of the survey.
Section 7: Steo Advancement
The Fire Chief may make appointments to or advancements within the prescribed ranges of
specific positions upon evaluation of employee qualifications and performance. Normally,
employees shall be appointed to Step 3 (Step 4 for Firefighter and Administrative Firefighter)
and shall be eligible to be advanced through the steps in their allocated schedules as follows:
• Firefighter/Administrative Firefighter: After six (6) months of satisfactory service, an
employee appointed at Step 4 shall receive a salary step increase to Step 3 of the
prescribed schedule. Each year thereafter the employee shall progress to the next highest
salary step of the prescribed schedule. An employee originally appointed to a step other
than Step 4 shall receive a step increase one year after his appointment and each year
thereafter.
• All other classes: Each year of satisfactory service an employee shall be eligible to
progress to the next highest salary step of the prescribed schedule.
Promotions or salary increases to higher grades are merit steps only and shall be available to
employees as recognition for satisfactory services after one (1) year in service at present grade.
The promotion or salary increase to said grade shall remain the sole discretion of the City
Council,
Section 8: Salary Adiustment Increase
In the event there is a salary inequity between ranks or between employees within the
Department, the Fire Chief may incorporate a service adjustment increase up to ten percent
(10%) per month of their base salary.
11
Section 9: Bilingual Pav
A unit employee may be compensated for bilingual skills after the employee demonstrates
proficiency in speaking a foreign language, which proficiency would be determined by
successful completion of the Cal State Fullerton or other designated foreign language proficiency
test designated by the Vernon Fire Department. Those employees who successfully demonstrate
this skill are eligible to receive an additional One Hundred Twenty -Five Dollars ($125.00) per
month for bilingual pay. It shall be considered as part of the base monthly salary for purposes of
computing the last highest annual salary.
Section 10: Education Incentive Pav
• A unit employee who has completed his initial hire probationary period and who holds a
fire science certificate or has completed course equivalent thereto (i.e., 30 units of fire
science related courses) shall receive an additional three percent (31/6) per month of their
base salary after satisfactory completion of their evaluation period.
• A unit employee who holds an AA or AS Degree in Fire Science or Fire Technology with
completion of five (5) years of uninterrupted service with the Fire Department shall
receive an additional three percent (3%) per month of their base salary.
• Education incentive pay is cumulative for a maximum of 6%.
Section 11: Hazardous Materials Specialist Pav
A unit employee certified as a Hazardous Materials Specialist shall receive special compensation
of one hundred and twenty-five dollars ($125.00) per month above their base pay. The City
shall, as expeditiously as possible, send each unit employee to all training necessary to achieve
accreditation as a Hazardous Materials Specialist.
Section 12: Urban Search and Rescue (USAR) Pav
A unit employee certified as a USAR Specialist shall receive special compensation of one
hundred and twenty-five dollars ($125.00) per month above their base pay. The City shall, as
12.
expeditiously as possible, send each unit employee to all training necessary to achieve
accreditation as a USAR Specialist.
Section 13: Phvsical Fitness/Wellness Proeram
This program is mandatory for all fire safety personnel. Any individual who after one (1) year of
participation has completed a pre-program fitness evaluation, minimum participation
requirements, bi-annual fitness evaluations and verification of participation by the Battalion
Chief will receive two hundred fifty dollars ($250.00) The Physical Fitness/Wellness program
is attached hereto as Attachment "A", and incorporated herein.
Section 14: Computation of Pav
A. 40 -hour personnel
Unit -employees assigned to a 40 -hour work week shall be paid on an hourly basis. The
hourly rate shall be the product of dividing the monthly salary by 173.3. Upon being
assigned to a 40 -hour schedule an employee's accrued leave shall be reduced by a factor
of 1.4 and paid to the employee upon use or separation at the employee's 40 -hour regular
rate of pay. Upon being reassigned to a 56 -hour schedule, all such accrued leave shall be
increased by a factor of 1.4.
B. 56 -hour platoon personnel
All Fire Department employees assigned to a fifty-six (56) hour week would be paid a
widely fluctuating amount each pay period if they were paid for hours actually worked;
therefore, such employees shall be paid for the average number of hours in a two (2)
week period, one hundred and twelve (112) hours. Exceptions for leave without pay
hours shall be reported and deducted from the average when pay is computed. The
"Exception Report" shall be in a form approved by the City Administrator.
13
ARTICLE FOUR
LONGEVITY
Section 1: Emulovees Hired On or Before June 30. 1994
Upon attaining 5 years of service with the City of Vernon ........................ 5% above base pay
Upon attaining 10 years of service with the City of Vernon ...........................10%
above base pay
Upon attaining 15 years of service with the City of Vernon.....................15%
above base pay
Upon attaining 20 years of service with the City of Vernon.....................20%
above base pay
A Captain upon attaining 30 years of service with the City of Vernon ..........
25% above base pay
Section 2: Emulovees Hired After June 30. 1994
Upon attaining 5 years of service with the City of Vernon ........................ 5% above base pay
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. Dispatched calls extending beyond the end of duty time
are considered as authorized.
A. Policy
It shall be the policy of the Vernon Fire Department to honor personnel requests for
time off when possible, and distribute overtime opportunities in a fair and equitable
manner to all members. It shall be the Department's priority to maintain essential
staffing levels when arranging coverage.
B. Order of Filling Vacancies
Overtime vacancies will be filled on a rank -for -rank basis by first referring to the list
of personnel in the same rank as the vacancy who have signed up for overtime
availability for that day. The individual in the same rank with the least overtime
worked that calendar year will have the first opportunity to work the overtime
vacancy.
If that employee does not elect to work the overtime shift, the person in the same rank
as the vacancy with the next least amount of overtime worked that calendar year will
have the next opportunity. This process will be followed until the overtime vacancy
is filled or the list of personnel within the same rank as the vacancy is exhausted.
In the event the vacancy is unfilled, the same process will be used for those personnel
who have signed up as available to work overtime that day who are qualified to act in
the rank in which the vacancy exists. If that list is also exhausted and the vacancy is
not filled, the person that is not presently working and that is of the same rank as the
W,
vacancy with the least mandated overtime worked that calendar year shall be
mandated to work the overtime shift.
C. What Overtime Vacancies Will Be Filled
a. Any vacancy that is the result of an employee using vacation leave shall be
filled.
b. A vacancy that is the result of an employee using sick leave may be filled at
the discretion of the Fire Chief, provided, however, if two or more employees
within the same rank (Captain., Engineer., Paramedic, Firefighter) are absent
due to sick leave, the department shall be required to fill all but one of those
positions.
c. Any vacancy that drops suppression staffing below twenty-two ( 22) positions
shall be filled; provided, however, that in the event such vacancies exist due to
deployment of wildfire strike teams, the figure shall be dropped to eighteen
(18).
Section 2: Leave Inclusions
A. 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 / In -Lieu Leave
3. Sick Leave
4. Administrative Leave
5. Compensatory Leave
6. Workers' Compensation Leave (4850 time)
7. Jury Duty
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8. Bereavement Leave
9. Military Leave
10. Association Leave Time
Section 3: Trainine 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 or authorized for overtime by the Fire Chief.
Section 4: Call Backs
Call Back duty occurs when an employee is ordered to return 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.
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.
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Section 5: Jury Duty
A. 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 unit employees of the City of
Vernon.
B. Work Schedule While Serving on Jury Duty
a. The unit 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
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Jury Duty Pay. An employee must return all Jury Duty Pay to the Court if
paid by the Court.
c. The unit employee shall retain any Jury Duty Mileage Pay.
d. The unit employee will be required to return to work, if regularly
scheduled to work, as soon as they are released from their jury duty.
C. Vacation — If Section 8B is complied with, the City of Vernon will not require
unit employees who are called for jury duty to schedule vacation time when
summoned to appear in court.
D. Compensation -- The City of Vernon will only compensate those unit employees
called for jury duty for the days he or she appears in court pursuant to Section 5.
A unit employee will be compensated up to two weeks at full pay for jury duty.
Section 6: Non -Compensable
A. City Vehicle Use—Unit 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:
B. Clothes/Uniform Changing Time—Unit 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 -unit
issue garment such as a windbreaker.
Time spent in changing clothes before or after shift, is not considered hours worked
and is not compensable in any manner whatsoever.
An employee shall be allowed to make off duty presentations without compensation
in uniform upon the approval of a chief officer.
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ARTICLE SIX
UNIFORM ALLOWANCE AND BULLETIN BOARDS
Section 1: Uniform Allowance
On the first pay check in August each year, each unit employee shall be paid the sum of Seven
Hundred and Twenty -Five Dollars ($725.00) for the purchase of uniforms. A unit employee
hired by the City shall receive an initial issue of uniforms. Uniform allowance is special
compensation that shall be deemed earned when paid and shall be reported to Ca1PERS as
compensation earnable.
The City shall provide all unit employees all required safety equipment, including, but not
limited to, work boots.
Section 2: Bulletin Boards
The City shall provide a bulletin board for use by the VFA at each fire station, provided that any
documents posted shall be in good taste and shall not reflect adversely upon the City or its
employees.
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ARTICLE SEVEN
BENEFITS
Section 1: Public Emnlovee Retirement Svstem ("PERS")
The City shall maintain its contract with the California Employees Public Retirement System
(PERS) that provides VFA unit employees with the three percent (31/6) at 50 safety retirement
benefit plan.
Unit employees shall be responsible for paying their PERS nine percent (9%) employee's
contributions.
Section 2: Suaulemental PERS Retirement Benefits
The City agrees to provide additional supplemental retirement benefits to VFA unit 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: 21574 -4th Level of 1959 Survivor Benefits:
• 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, that is effect at the time of death of retiree.
• Pre -Retirement Oration 2W Death Benefit 21548
• Gov't Code Section: 20965 -Credit for Unused Sick Leave
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Section 3: Medical. Dental. Vision and Life Insurance
Medical: The City offers three medical plans to employees that consist of two (2) HMO and
one (1) PPO plan. The parties may change these plans upon their written agreement.
A. For unit 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
$1,100 per month. The cost of any plan selected by the employee that exceeds $1,100
shall be paid by the employee through a pre-tax deduction.
B. For unit 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 $850 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 $850 shall be paid by the employee through a
pre-tax payroll deduction.
Dental: Employees may purchase dental insurance through the City by pre-tax payroll
deduction and/or applying any unused portion of the City's contribution towards medical
insurance.
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.
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.
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Section 4: Retiree's Medical
The City will pay up to the HMO insurance premium cost for the City's medical -dental
insurance program for all full-time regular employees with at least twenty (20) years of
continuous uninterrupted service who retire at age fifty (50) or later, and the City shall continue
to pay said premium for said retired employee up to the age of sixty-five (65).
All full-time regular employees with at least twenty (20) years of continual service who retire
before the age of fifty (50) years will be permitted to pay their health insurance premium for the
City's medical -dental insurance program, and upon their reaching the age of fifty (50), the City
will pay up to the HMO insurance premium cost for said medical -dental insurance for said
retired employee only, up to the age of sixty-five (65).
For retired employees who receive medical -dental insurance benefits pursuant to paragraphs 1
and 2 above and who reach the age of sixty-five (65), said retiree employees shall apply for
Medicare coverage, whereupon the City insurance will become supplemental coverage, if
applicable. The City will pay up to the HMO premium cost to provide for medical -dental
insurance as supplemental insurance only to Medicare because the City will not be the primary
insurance carrier once the employee reaches the age of sixty-five (65).
All retired employees; with a minimum of ten (10) years of continuous uninterrupted service
with the City may pay the premiums for medical -dental insurance up to the age of sixty-five (65)
after which Medicare will become the primary insurance carrier and further may pay
supplemental insurance to Medicare thereafter.
Additional: The City and Vernon Firemen's Association, Local 2312, agree to continue
negotiations regarding the City's Medical and Retirees Medical after the MOU is ratified and
signed by both parties. Moreover, the Association shall participate in a city-wide committee to
examine all components of the City's Medical and Retiree Medical insurance programs. If any
agreements are ultimately reached and ratified by both parties relative to these specific sections,
those agreements will then be incorporated into the MOU. If, however, there is no mutual
agreement reached between the VIA and the City to amend the medical and/or retiree medical
benefits set forth in this agreement, the terms of those benefits contained in the MOU shall
remain in full force and effect.
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Section 5: Vacation Time
A. Annual Accrual For 56 -Hour Personnel
• 9 years or less: 13 shifts (12 hours per pay period)
• 10 - 24 years: 15 shits (13.85 hours per pay period)
• 25 or more: 16 shifts (14.77 hours per pay period)
B. Annual Accrual for 40 Hour Personnel
• 9 years or less: 120 hours (4.62 hours per pay period)
• 10 — 24 years: 160 hours (6.16 hours per pay period)
• 25 or more: 170 hours (6.54 hours per pay period)
C. Policy
A Maximum of 8 platoon personnel per shift shall be permitted off on vacation
leave consisting of any combination of the following:
• Captains- maximum of 2 off per shift.
• Engineers- maximum of 2 off per shift.
• Paramedics- maximum of 2 off per shift.
• Firefighters- maximum of 3 off per shift.
D. Carry Over of Vacation Leave
Employees are permitted to carry-over one year's annual accrual from calendar year
to calendar year. At the end of every calendar year, employees who have accrued
vacation hours in excess of their permitted carry-over shall be paid their regular rate
of pay of all such excess hours.
Section 6: "In Lieu" Holidays
Unit employees shall be credited with three (3) 24-hour holiday "in lieu" shifts (72 hours total)
per year. "In lieu" holidays will be credited to each employee on each July 1 in which he/she is
on the active payroll of the Department in a classification represented by the VFA and must be
taken prior to the immediately following July 1.
911
"In lieu" holidays may be taken on dates desired by the employee subject to the needs of the
Vernon Fire Department.
Any accrued, unused hours shall be paid at the employee's regular rate of pay, computed in
accordance with the applicable Salary Resolution of Vernon, in the pay period inclusive of June
30`h, or upon separation from employment.
If the City Council, during the fiscal year, provides one or more additional holidays to the
miscellaneous employees, that shall not affect the number of "in lieu" holidays for the employees
represented by the VFA.
Section 7: Sick Leave
Unit employees only receive sick leave accrual while they are in a paid status.
A. Platoon personnel accrue sick time at the rate of 5.54 hours per pay period (144 hours
annually). 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 1440 hours shall be cashed in at fifty percent (50%) of the employee's regular rate of
pay.
B. Forty -hour (40 -hour) personnel accrue sick time at a rate of 3.96 hours per pay period
(103 hours annually). 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 1029 hours shall be cashed in at fifty percent (50%) of the employee's
regular rate of pay.
C: If an employee separates or terminates employment with the City, they shall be
compensated for any accrued sick leave hours at the time of separation up to the cap.
Employees that separate from service with more than 20 years of service credit will be
compensated at 100% of their current pay rate applied to the first 672 sick leave hours
(480 hours for 40 -hour personnel) and 50% for sick leave hours after that up to the cap.
Employees with less than 20 years of service will be compensated at 50% of their then
current pay rate. Employees shall have the option of obtaining service credit for their
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accrued, unused sick leave hours instead of a cash payment pursuant to California
Government Code Section 20965.
D. An employee who is absent on sick leave for more than two (2) consecutive shifts may 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, domestic partner, children, mother-in-law, father-in-law,
grandmother, grandfather, grandmother -in-law, grandfather -in-law, grandchildren), such person
will be permitted, subject to the Fire Chief's approval, to a leave of absence with pay of up to
forty-eight (48) hours over two shifts, which need not be consecutive. An employee shall not be
granted paid Bereavement Leave for more than 48 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 "in 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 Fire
Chief, if requested
Section 9: Auto Insurance
VIA unit employees are eligible to participate in the auto insurance program for all employees
wherein the City will contribute thirty-five dollars ($35) per month per employee toward said
employee participation.
Section 10: Deferred COmnenSatiOn
The City shall continue to administer the existing 457 deferred compensation program for all unit
employees.
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Section 11: Education Reimbursement
The educational reimbursement program is a financial assistance program that offers
reimbursements for tuition, fees and books up to a maximum of $2,200 per fiscal year. The fiscal
year is July 1 through June 30. Employees are eligible for this assistance after 12 months of
uninterrupted employment with the City of Vernon.
A grade of "C" or better (or "pass" if on a pass/fail basis) is required for reimbursement. A
request for reimbursement must be made within 60 days of receipt of grades and should include
the following: a copy of the final grade report, a copy of expenses for tuition, fees, and books;
and a completed and signed tuition reimbursement form.
Section 12: Other Citv Emolovee Proerams
VFA unit 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 — Gov't Code 21024
• Computer loan purchase plan—Resolution-2011-67
• Life insurance
• Corrective eye surgery plan — Resolution 2011-65
• Hearing aid device plan — Resolution 2011-66
• Family Medical Leave Act (FMLA)
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ARTICLE EIGHT
WORK SCHEDULE
Section 1: FLSA Work Period
The FLSA work period for unit employees assigned to a daily work schedule of twenty four (24)
hours shall be a fixed and regularly recurring work period of twenty-four consecutive days (576
hours).
Section 2: Work Schedules
A. Platoon Personnel
Unit employees assigned to a 56 -hour work week shall work a 48/96 work schedule that
consists of two consecutive 24-hour shifts followed by 96 consecutive hours off, on a
rotating three platoon basis (A, B & C Platoon). Employees that work such schedule
average 56 hours a week and 112 hours per pay period.
Unit employees assigned to work a 48/96 schedule shall begin work at 0700 hours and
terminate at 0700 hours following two 24-hour periods.
B. 40 -Hour Personnel
Unit employees assigned to work a 40 -hour work week shall be assigned to a 4/10
schedule that consists of four (4) consecutive work days of ten (10) consecutive work
hours each, inclusive of paid breaks and an unpaid 30 -minute meal period, followed three
consecutive days off, each week. Unit employees on such schedule shall be assigned to
work Monday through Thursday from 0600 to 1630 hours, unless an alternate schedule is
approved in writing by the Fire Chief and VFA.
Section 3: Association Business
The VFA President will have available to him a total of 240 hours of Association Leave Time at
the beginning of each calendar year for conducting Association business off duty during time he
and/or any of his Association board members would be regularly scheduled to work.
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A. The VFA President will be responsible for assigning any Leave Time to his board
members. Unused hours may not be carried over from one year to the next
without the written authorization of the Fire Chief or his designee.
B. In each case where Leave Time is requested, such request must be in writing to a
battalion chief or above a minimum of 72 hours before the Leave Time is needed
unless authorized in writing by the Fire Chief or his designee.
C. Association Leave Time will not be granted if it will cause overtime unless it is
authorized in writing by the Fire Chief or his designee.
D. In no case will Association Leave Time be used for political action purposes
Section 4: 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.
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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
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 or computers provided by the Department.
Section 5: 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.
ARTICLE NINE
GRIEVANCE PROCEDURE
Vernon has adopted a grievance procedure applicable to all Firefighters 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 orally or 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.
Step 2
If the grievance 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.
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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.
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ARTICLE TEN
MANAGEMENT RIGHTS
Except as limited by the specific and express terms of this Memorandum of Understanding, the
City hereby retains and reserves unto itself all rights, powers, authority, duties and
responsibilities conferred on and vested in it by the laws and the Constitution of the State of
California and/or the United States of America; provided, however, if the City's decision to
exercise such rights, powers, authority, duties and responsibilities impacts the wages, hours and
other terms and conditions of employment of unit employees, the City shall be required to first
meet and confer on the impact and effect of such decision.
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 the mission 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 for 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
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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 employees in accordance with requirements as
determined by the City.
O. Establish and modify productivity and performance programs and standards.
P. For just cause only, 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.
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SIGNATURES
CITY OF VERNON
MarWhitworth, City Administrator
L
Willard Yamaguchi,ity Jerk
Dated: 91W12— 2012
35
VERNON FIREMEN'S ASSOCIATION
, U
Dean Richens, President
Corey Hernandez, Secretary
' John Plagler, Treas reif r
Dated:
�/ / K
2012