Resolution No. 2012-095RESOLUTION NO. 2012-95
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 POLICE OFFICERS' BENEFIT
ASSOCIATION (EMPLOYEE GROUP 2)
WHEREAS, the Vernon Police Officers' Benefit Association
("VPOBA") (Group 2) has been recognized as an employee organization
pursuant to Resolution No. 4027; and
WHEREAS, on July 5, 2011, the City Council of the City of
Vernon adopted Resolution No. 2011-127 approving a Memorandum of
Understanding executed by the VPOBA and Municipal Employee Relations
Representative of the City of Vernon (the "MERR") for the period of
July 1, 2011 through June 30, 2012; and
WHEREAS, the VPOBA 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 Police Officers' Benefit 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 4: The City Council of the City of Vernon hereby
directs the City Clerk, or the City Clerk's designee, to send a fully
executed MOU to Larry Gaytan, President of the Vernon Police Officers'
Benefit Association.
SECTION 5: 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 19ti'day of June, 2012.
Name: William J. Davis
Title: 14a / Mayor Pro -Tem
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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. 2012-95, 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 day of June, 2012 at Vernon, California.
(SEAL)
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/A-.tl 4chiity
.larc4�. Yama Clerk
EXHIBIT A
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
Ml
VERNON POLICE OFFICERS' BENEFIT ASSOCIATION
July 1, 2012 through June 30, 2014
TABLE OF CONTENTS
Parties to the Memorandum of Understanding......................................................5
ARTICLE ONE: FUNDAMENTALS
Section1: Recognition.......................................................................... 6
Section 2: No Discrimination.................................................................. 6
Section 3: Mutual Cooperation................................................................. 6
Section4: No Layoffs........................................................................... 6
Section 5: No Strikes or Lockouts............................................................. 6
Section 6: City 1 VPOBA Meetings............................................................ 7
Section 7: Association Business............................................................... 7
ARTICLE TWO: LEGAL LIMITATIONS, SAVINGS CLAUSE& TERM
Section 1: Legal Limitations and Savings Clause............................................8
Section2: Term................................................................................... 8
ARTICLE THREE: SALARIES
Section 1:
Police Officers......................................................................... 9
Section 2:
Sergeants................................................................................9
Section3:
Merit Steps.............................................................................9
Section 4:
Salary Adjustment Increase........................................................
10
Section 5:
Premium Pay.........................................................................10
Section 6:
Bilingual Pay............................................................ ............
,10
Section 7:
"P.O.S.T." Certificate Incentive ....................................................
10
Section 8:
Shooting Pay.........................................................................11
Section 9:
Field Training Officer...............................................................
11
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Section 10: Canine Handlers..................................................................... 12
Section 11: Motor Officers....................................................................... 12
Section 12: Relief Sergeant...................................................................... 12
Section 13: Salary.................................................................................. 12
ARTICLE FOUR: LONGEVITY
Section 1: Employees Hired Before July 1, 1995 ........................................... 13
Section 2: Employees Hired On or After July 1, 1995 ..................................... 14
ARTICLE FIVE: OVERTIME
Section 1:
Overtime Authorization............................................................
15
Section 2:
FLSA Overtime.....................................................................
15
Section3:
Comp Time..........................................................................
15
Section 4:
Leave Time Inclusion..............................................................
16
Section 5:
Training and Recertification......................................................
16
Section 6:
Court Attendance and "Stand By" Time ........................................
17
Section7:
Call Backs...........................................................................
18
Section 8:
Jury Duty ............................................................................
18
Section 9:
Non-Compensable..................................................................
20
ARTICLE SIX: UNIFORMS, ALLOWANCE AND SAFETY EQUIPMENT
Section 1: Uniform Allowance................................................................. 21
Section 2: Summer Uniforms ................................................ . ...... ._...... 21
Section 3: Safety Equipment....................................................................Zl
2
ARTICLE SEVEN: BENEFITS
Section 1: Public Employees Retirement System ............................................ 22
Section 2: Supplemental PERS Benefits...................................................... 22
Section 3: Medical, Dental, Vision and Life Insurance.....................................23
Section 4: Retirees Medical..................................................................... 24
Section 5: Vacation Time....................................................................... 24
Section 6: "In Lieu" Holiday Time............................................................25
Section7: Sick Leave............................................................................25
Section 8: Bereavement Leave................................................................. 26
Section 9: Auto Insurance.......................................................................27
Section 10: Deferred Comp.......................................................................27
Section 11: Other City Employee Programs ................................................... 27
ARTICLE EIGHT: WORK SCHEDULE AND ABSENCES
Section1: Provisions............................................................................ 28
Section 2: Work Schedule 3112 Plan .......................................................... 28
Section 3: Shift and 7 Code Policy............................................................ 28
Section4: Sergeants ...................... :..... ................................................. 29
Section 5: Shift Trades.......................................................................... 29
Section6: Early Relief.......................................................................... 30
Section7: Staffing................................................................................ 30
ARTICLE NINE: GRIEVANCE PROCEDURE
Grievance Procedure Steps.......................................................................... 31
ARTICLE TEN: DISCIPLINE PROCEDURE
Discipline Procedure Steps.......................................................................... 33
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ARTICLE ELEVEN: MANAGEMENT RIGHTS
ManagementRights. . ...... .............. — ....... — ....... -- ............ -- ................... 36
SIGNATURE PAGE
Signatures.............................................................................................. 38
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
VERNON POLICE OFFICERS' BENEFIT ASSOCIATION
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 Police Officers' Benefit Association (hereinafter
"VPOBA") and except as otherwise specifically provided herein shall apply only to those
defined in the aforesaid Resolution as "full-time and regular part-time employees in the Police
Department except management and confidential employees" (Section 813(2) "Group 2"),
otherwise known as Police Officers and Sergeants.
This MOU constitutes a joint agreement by the Municipal Employee Relations Representative
("MERR") and the VPOBA, to be submitted to the City Council of Vernon for its determination
and approval by one or more Resolutions or Ordinances as the City Council may deem fit and
•.-
The MERR and the Representative of the VPOBA have agreed that they will jointly urge the
City Council of Vernon to adopt one or more Resolutions or Ordinances reflecting the changes in
wages, hours, and other conditions of employment agreed upon in this MOU.
If approved, the terms agreed upon by this MOU shall take effect on July 1, 2012, and shall
expire at midnight on June 30, 2014.
IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN STATED, the VPOBA
and the City of Vernon agree as follows_
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ARTICLE ONE
FUNDAMENTALS
Section 1: Recoenition
The City of Vernon recognizes the Vernon Police Officers' Benefit Association C VPOBA"} as
the certified majority representative of the Group 2 employees, comprised of Police Officers and
Sergeants, as the exclusive representative of the employees for purposes of collective bargaining
for all terms and conditions within this Memorandum of Understanding.
Section 2: No Discrimination
The provisions of this Memorandum of Understanding shall be applied equally to all employees
covered hereby. Neither the City nor the VPOBA shall discriminate against any individual,
applicant or employee with respect to his compensation, terms, condition, or privileges of
employment or because of an individual's race, color, sex, religion, national origin, age, marital
status, disability, pregnancy, sexual orientation, political or religious opinions or affiliations, or
membership or non -membership in the VPOBA.
Section 3: MUtuai COODeration
The parties recognize the necessity of cooperating on matters of mutual concern and interest and
agree to work together to maximize the effectiveness of the Police Department and the City and
to accomplish legislative and funding goals in their mutual interest.
Section 4: No Layoffs
The parties recognize the right of management to implement layoffs. Notwithstanding this right,
the parties expressly agree that the City shall not lay off any employee from any classification
represented by the VPOBA through the term of this MOU.
Section 5: No Strikes or Lockouts
During the life of this agreement no work stoppages, strikes, slowdowns, or picketing shall be
caused or sanctioned by the VPOBA, and no lockouts shall be made by the City.
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Section 6: Citv/VPOBA Meetines
Representatives from the VPOBA and the City Administrator's office shall meet as needed to
discuss issues of mutual concern.
Section 7: Association Business
Representatives of the VPOBA shall be allowed time to conduct their Association business as
necessary during work hours. Coordination of such work will be made. with the Chief of Police
to ensure the availability of staffing levels for such meetings.
The VPOBA President will have available to him a total of 170 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.
A. The VPOBA President will be responsible for assigning any Association 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 Police Chief or his designee.
B. In each case where Association Leave Time is requested, such request must be in
writing to the Police Chief or his designee or above a minimum of 72 hours before the
Leave Time is needed unless authorized in writing by the Police 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 Police Chief or his designee.
D. In no case will Association Leave Time be used for political action purposes.
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ARTICLE TWO
LEGAL LIMITATIONS, SAVINGS CLAUSE, AND TERM
Section 1: Leval Limitations and Savings Clause
It is understood and agreed that this Memorandum of Understanding (including, but not limited
to, the provisions of the Fair Labor Standards Act) and any and all Resolutions or Ordinances
adopted in implementation thereof are and shall be subject to all present and future applicable
federal and state laws and regulations and shall be effective and implemented only to the extent
permitted by such laws and regulations.
If any part of this Memorandum of Understanding or of any Resolution or Ordinance adopted in
implementation thereof is in conflict or inconsistent with any such applicable provisions of
federal and state laws or regulations or otherwise held to be invalid or unenforceable by any
tribunal of competent jurisdiction, such part or provision shall be suspended and superseded, and
such applicable laws and regulations and the remainder of this Memorandum of Understanding
shall not be affected thereby and shall remain in full force and effect.
Section 2: Term
The VPOBA and City of 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 VPOBA that would take effect prior to July 1, 2014, and
neither party shall be required to meet and confer as to any such request.
If the VPOBA or City desires to negotiate a successor MOU, either party may serve upon the
other a written request between February 1, 2014, and March 1, 2014.
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ARTICLE THREE
Section l: Police Officer Julv 1. 2012
Step 6 (Police Recruit at the Academy) . $5,773
Step 5 (After graduation from. the Academy and sworn in) $6,091
Step 4 (6 months after graduation from the Academy) $6,426
Step 3 (18 months after graduation from the Academy)
Step 2 (30 months after graduation from the Academy)
Step 1 (42 months after graduation from the Academy)
Section 2: Sergeant
Step 6 (Upon appointment)
Step 5 (12 months after appointment to step 6)
Step 4 (12 months after appointment to step 5)
Step 3 (12 months after appointment to step 4)
Step 2 (12 months after appointment to step 3)
Step I (12 months after appointment to step 2)
Section 3: Merit Stevs
$6,779
$7,152
$7,545
$7,028
$7,415
$7,823
$8,253
$8,707
$9,186
Julv 1. 2013
$5,946
$6,273
$6,618
$6,982
$7,366
$7,771
$7,240
$7,638
$8,058
$8,501
$8,969
$9,462
Promotions or salary increases to higher pay grades are merit steps only, and shall be available to
employees as recognition and reward for satisfactory services with the. time frames described for
the position of Police Officer, and after one (1) year at present grade for Sergeants. However,
the promotion or salary increase to any said grade shall remain the sole discretion of the City
council.
Notwithstanding the above provision, any person employed in a position of Police Officer, Step
6, shall be appointed to Step 5 upon his/her successful completion in an assigned accredited
training academy, and any person employed in a position of Police Officer, Step 5, shall be
appointed to Step 4 after serving at least six (6) months in the field and upon receiving a merit
evaluation of satisfactory/competent. Any person who qualifies for said increase shall have
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his/her anniversary date for future merit increases established as of the date said officer is
appointed to said grade.
Section 4: Salary Adiustment Increase
In the event there is a salary inequity between ranks or between employees within the
Department, the Chief of Police may incorporate a service adjustment increase up to ten percent
(10%) per month of their base salary.
Section 5: Premium Pav
1n the event a Police Officer or a Sergeant is assigned to the Detective Division, the Professional
Standards Division, or an outside detail or task force, he/she shall receive premium pay equal to
five percent (5%) of his/her base pay per month, and the premium pay shall not be considered to
be part of the employee's base monthly salary when computing Peace Officers Standards and
Training (P.O.S.T.) certificate incentives; however, it shall be considered as part of the base
monthly salary for purposes of computing overtime pay and last highest annual salary.
Section 6: Bilingual Pav
A Group 2 employee may be compensated for bilingual skills after the employee demonstrates
proficiency in speaking a foreign language (the ability to read and write in a foreign language
may also be tested, if necessary), which proficiency would be determined by successful
completion of the Cal State Fullerton or other designated foreign language proficiency test
designated by the Vernon Police Department. Those employees who successfully demonstrate
this skill are eligible to receive an additional One Hundred Twenty -Five Dollars ($125.00) per
month for bilingual pay and shall not be considered to be part of the employee's base monthly
salary when computing Peace Officers Standards and Training (P.O,S.T.) certificate incentives;
however, it shall be considered as part of the base monthly salary for purposes of computing the
last highest annual salary.
Section 7: Peace Officers Standards and Training ("Post") Certificate Incentive
Group 2 employees who have completed their evaluation period shall be entitled to P.O.S.T.
certificate pay as follows:
• Three percent (3%) of the employee's basic monthly salary, excluding all other
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compensation, for a P.O.S.T. intermediate certificate; or
• Six percent (6%) of the employee's basic monthly salary, excluding all other
compensation, for a P.O.S.T. advanced certificate.
Payment of the above -referenced incentive compensation shall not be cumulative, only the
highest applicable incentive pay level shall apply.
Incentive pay shall be payable the month following the month during which the certificate is
granted.
P.O.S.T. certificate pay shall be considered as part of the base monthly salary for purposes of
computing the last highest annual salary
Section 8: Shooting Pav
It is recognized by the City of Vernon and the VPOBA that a peace officer must qualify in the
firing range on a monthly basis in order to continue to be employed and to receive Shooting Pay.
Such qualifications shall occur on duty. Employees who shoot at the range other than the
required qualifications dates will be considered to be on personal time. Such time is not counted
as working time and is not compensable.
Officers who achieve the following qualifications shall receive compensation as follows:
Marksman $ 3.00 Per Month
Sharpshooter
Expert
Distinguished Expert
$ 5.00 Per Month
$ 7.50 Per Month
$ 10.00 Per Month
Shooting Pay shall be considered as part of the base monthly salary for purposes of computing
the last highest annual salary.
Section 9. Field Traininn Officers
Police Officers assigned by the Chief of Police, or his designee, as Field Training Officers shall
receive a deferential of five percent (5%) of their base salary for the period so assigned. This 5%
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deferential shall be considered a part of their base salary when calculating Longevity, SAI and
POST certificate pay.
Each officer assigned as a Field Training Officer shall complete a P.O.S.T. approved Field
Training Officer School prior to assignment.
The number of field training officers, qualifications, and training for such assignment shall be
determined by the Chief of Police. Such assignment maybe revoked at any time without recourse
to the disciplinary procedure.
Section 10: Canine Handlers
Each member of the canine team is responsible for the care and maintenance of their assigned
Police Service Dog (PSD) both on and off duty. Each handler assigned to the canine team will
be paid three (3) hours of overtime each week. This overtime pay will compensate the handler
for the time spent providing care for their PSD outside of normal duty hours.
Section 11: Motor Officers
Each Operator shall be provided with one (1) hour off per work week for motorcycle
maintenance. Time off shall be scheduled either at the beginning or end of a shift with the
Watch Commander to ensure sufficient staffing levels.
Section 12: Relief Sergeant
Vernon has established a Sergeant's relief position with a salary equal to the salary received by
Patrol Sergeants. The Chief of Police has the discretion to assign additional duties to the
Sergeant assigned to this position.
Section 13: Salary:
The City shall implement across the board base salary increases of 3% effective July 1, 2012,
and July 1, 2013, as reflected in Article Three, Sections 1 and2.(page 9) of this MOT).
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ARTICLE FOUR
LONGEVITY
Section 1: Emolovees Hired Before Julv 1. 1995
Effective August 31, 1986, the City established a four -step Longevity program for all employees.
Said Longevity program is as follows:
• All eligible employees who have five years of service on or before August3l, 1986, shall
receive an additional five percent (5%) per month of their base salary effective August
31, 1986, and every year thereafter until reaching the next Longevity level. Employees
upon reaching their 5th anniversary date after August 31, 1986, shall be entitled to said
five percent (5%) per month upon said anniversary date.
• All eligible employees who have ten (10) years of service on or before July 1, 1987, shall
receive an additional ten percent (10%) per month of their base salary effective July 1,
1987, and every year thereafter until reaching the next Longevity level. Employees upon
reaching their 10th anniversary date after July 1, 1987, shall be entitled to said ten
percent (10%) per month upon said anniversary date. Said ten percent (10%) is in place
of the five percent (5%) referenced in paragraph I above and not cumulative therewith.
• All eligible employees who have fifteen (15) years of service on or before July 1, 1988,
shall receive an additional fifteen percent (15%) per month of their base salary effective
July 1, 1988, and every year thereafter until reaching the next Longevity level.
Employees upon reaching their 15th anniversary date after July 1, 1988, shall be entitled
to said fifteen percent (15%) per month upon said date. Said fifteen percent (15%) is in
place of each of the amounts referenced in paragraphs 1 and 2 above and not cumulative
therewith.
• All eligible employees who have twenty (20) years of service on or before July 1, 1989,
shall receive an additional twenty percent (20%) per month of their base salary effective
July 1, 1989, and every year thereafter. Employees upon reaching their 20th anniversary
date after July 1, 1989 shall be entitled to said twenty percent (20%) per month upon said
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anniversary date. Said twenty percent (20%) is in place of each of the amounts
referenced in paragraphs 1, 2 and 3 above and not cumulative therewith.
Section 2: Emolovees Hired on or After Julv 1, 1995
All employees in Group 2 who are hired on or after July 1, 1995, who attain five (5) years of
consecutive uninterrupted employment shall receive an additional five percent (5%) per mouth of
their base salary. Such employees shall be entitled to receive such five percent (5%) increase
upon reaching their 5th anniversary date. Such employees will not be entitled to receive any
additional Longevity percentage increase to their base salary for further service.
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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. Where verbal authorization is obtained, written
authorization must be obtained as soon thereafter as practicable. Dispatched calls extending
beyond the end of duty time are considered as authorized.
Section 2: F.L.S.A. Overtime
Group 2 employees required to perform in excess of the standard work period of 160 hours in a
28 -day cycle shall receive compensation at the rate of time and one-half their regular rate of pay
or time and one-half "compensatory time" for each hour worked. The regular rate of pay shall
include the following components in addition to base salary:
• P.O.S.T. Certificate Pay
• Special Assignment Pay
Section 3: Comnensatory Time
Group 2 employees may not earn more than forty (40) hours of compensatory time during any
FLSA 28 -day cycle. At such time as an employee earns forty (40) hours of compensatory time
within a given 28 -day work cycle, any additional overtime in that cycle shall be paid to the
employee at time and one-half of his/her regular rate of pay.
Group 2 employees may not accumulate more than 240 hours of compensatory time. An
employee must be paid at the rate of time -and one-half for any overtime worked beyond the 240 -
hour compensatory time "cap."
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Section 4: Leave Inclusions
In determining an employee's eligibility for overtime compensation in a work period, paid
leaves of absence will be included in the total number of hours worked. Paid leaves of absence
include, but are not limited to, the following:
1. Vacation
2. Holiday Leave
3. Sick Leave
4. Administrative Leave
5: Compensatory Leave
6. Workers' Compensation Leave (4850 time)
7. Jury Duty
8. Bereavement Leave
9. Military Leave
10. Association Leave
Section 5: Txainine and Recertification Time
Training time that is required is compensable. However, if the training time meets all of the
following, it is not compensable:
I. 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.
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Section 6: Court Attendance and "Stand Bv" Time
Court Appearances
Employees in Group 2 shall be compensated for court appearances in the line of duty outside
regular scheduled duty hours as follows:
A. Court appearances which extend beyond an employee's normal shift assignment shall be
compensated as paid overtime. For purposes of calculating F.L.S.A. overtime pursuant to
this section of this MOU, only the actual time spent in court or traveling in a City vehicle
to and from the Station shall be credited as hours worked. Travel time to and from one's
private residence shall not be considered hours worked and shall not be compensated in
any manner whatsoever.
B. Notwithstanding the provisions of "A" above, Group 2 employees required to attend
court sessions outside their regular schedule duty work shift shall be compensated a
minimum guarantee of four (4) hours at time and one-half (1.5).
C. If an employee is required to stay beyond four hours in court, the employee shall be
compensated at time and one-half (1.5) at their regular hourly rate for all hours spent in
their court duty assignment that day.
Stand By Time
If an employee receives a subpoena to be placed on standby, the effected employee shall be
compensated for Stand By status as follows:
A. An employee who is placed on Stand By status for a half court day, which shall
consist of either a morning session or afternoon session of court, shall be paid Sixty
Dollars ($60.00).
B. An employee who is placed on Stand By status for a full court day, which shall
consist of the morning session and the afternoon session of court, on the same day,
shall be paid One Hundred Nineteen Dollars ($119.00). However, if said employee is
required to appear in court, he/she shall receive court appearance compensation rather
than Stand By compensation for his/her time in court.
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C. The parties agree that Stand By pay shall not count toward hours worked and that the
provision complies with the P.L.S.A.
D. Alternatively, an employee (at the employee's option and with the permission of the
Chief of Police or his designee) on court Stand By may report to the police station, in
uniform, for assignment while awaiting court. Under these circumstances, an
employee shall be compensated on an hour -for -hour basis (if on overtime, at time and
a half) for time actually worked while on Stand By.
B. No additional payment other than that set forth in Section 6 of the MOU shall be
made for Court Pay.
Section 7: Call Backs
Call Back duty occurs when an employee is ordered to report to duty on a non -regularly
scheduled work shift. Call Back does not occur when an employee is held over from his/her
prior shift or is working prior to his/her regularly scheduled shift. This provision is also to be
distinguished from Court pay, which is to be used when an employee is called to court.
An employee called back to duty shall be credited with a minimum of four hours work. Any
hours worked in excess of four hours shall be credited on an hour -for -hour basis (at time and
one-half compensation) for actual time worked.
If the employee is ordered to return to work immediately, his work time shall be credited
commencing immediately after the employee has been directly contacted by the employer.
Section 8- Ju Du
I. Policy
A. In the event a Group 2 employee is called to serve jury duty, the City will provide
"Jury Duty Pay" as set forth below.
H. 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
M.
215 of the California Code of Civil Procedure. The fees at the current time are
fifteen dollars ($15) a day for each day's attendance as a juror after the first day.
B. "Jury Duty Mileage Pay" — means the juror expenses of mileage paid to jurors in
the superior and municipal courts, in civil and criminal cases, authorized by
Section 215 of the California Code of Civil Procedure. The reimbursement for
mileage in effect at the time of the mileage incurred will be for each mile actually
traveled to the court house, one way, when attending court as a juror, from the
first day of service. This also includes parking and meal allowances if granted by
the court.
C. "Regular Pay"— means compensation in accordance with the formula adopted in
the current City of Vernon Salary Resolution which provides a monthly amount
for each position and each step in each City department.
D. "Salary Resolution" — means the resolution adopted every fiscal year and any
amendments thereto fixing the compensation of certain employees.
E. "Vacation" — means vacation policies for Group 2 employees of the City of
Vernon
III. Work Schedule While Serving on Jury Duty
A. A Group 2 employee must immediately notify his or her supervisor upon receipt
of a jury duty summons.
B. In accordance with Section 215(b) of the Code of Civil Procedure, a juror who is
employed by a local government entity who receives regular compensation and
benefits while performing jury service, may not be paid Jury Duty Pay. An
employee must return all Jury Duty Pay to the Court if paid by the Court.
C. Group 2 employees shall retain any Jury Duty Mileage Pay.
D. Group 2 employees will be required to return to work, if regularly scheduled to
work, as soon as they are released from their jury duty.
IV. Vacation
A. If Section 1II.13 is complied with, the City of Vernon will not require Group 2
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employees who are called for jury duty to schedule vacation time when
summoned to appear in court.
V. Compensation
A. The City of Vernon will only compensate those Group 2 employees called for
jury duty for the days he or she appears in court pursuant to Section III.B. A
Group 2 employee will be compensated up to two weeks at full pay for jury duty.
Section 9: Non -Compensable
A. City Vehicle Use—Group 2 employees who are provided with a City vehicle to travel
to and from work shall not be compensated in any manner whatsoever for travel time
to and from work. This provision also applies in those situations where the radio must
be left on and monitored unless answering a call for service.
B. Clothes/Uniform Changing Time—Group 2 employees are not authorized to wear
their uniforms or any part thereof that is distinguishable as such unless on duty. Each
employee is provided with a locker for his/her personal convenience. Any employee
may or may not utilize the locker for storage and changing purposes at his/her own
discretion.
Nothing herein prevents an employee from wearing his/her uniform to and/or from
his/her residence to work as long as the badge and insignia are covered in a non -
police issue garment such as a windbreaker. Employees choosing to wear their
uniforms covered to and/or from work should not wear their "Sam -Browne" belt.
Time spent in changing clothes before or after shift, or during lunch, is not considered
hours worked and is not compensable in any manner whatsoever.
C. Exempt --The Chief of Police and Captains are. exempt from overtime. For purposes
of treatment of overtime, the classification of Police Sergeant shall be treated in the
same manner as Police Officers.
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ARTICLE SIX
UNIFORMS, ALLOWANCE AND SAFETY EQUIPMENT
Section 1: Uniform Allowance
The City will pay each Group 2 employee who has completed his or her first year of service with
the City and who is on the active payroll_ of the Vernon Police Department the sum of One
Thousand Dollars ($1,000) per fiscal year for the purchase of uniforms and related equipment.
Such payment shall occur within the month of August of each year. Uniform allowance is
special compensation that shall be deemed earned when paid and shall be reported to Ca1PERS
as compensation earnable.
Section 2: Summer Uniforms
Group 2 employees who are assigned to patrol will be allowed to utilize summer uniforms (blue
shirt/blue shorts) on any day at the discretion of the Chief of Police. The Chief of Police shall
establish authorization or notification procedures, as well as summer uniform requirements.
Section 3: Safetv Eauiument
The City shall, every three (3) years, pay one half of the cost of the member's individual body
armor if the member presents to the City a receipt for body armor that meets Departmental
specifications. If the City provides individual body armor to an employee, and the employee
accepts such body armor, then the three (3) year time period shall begin upon acceptance of the
body armor by the employee.
Group 2 employees who carry a private weapon which has been expressly approved by the
Vernon Police Department and suffer the loss or damage of such weapon in the line of duty shall
be compensated by the City of Vernon up to the amount of replacement cost of the official issue
weapon of the Vernon Police Department unless such loss or damage was caused by the
employee's negligence.
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ccm
ARTICLE SEVEN
BENEFITS
Section 1: Public Emulovee Retirement Svstem f"PERS991
The City shall maintain its contract with the California Employees Public Retirement System
(PERS) that provides the Group 2 employees with three percent (3%) at 50 PERS retirement
benefit plan.
Group 2 employees shall be responsible for paying their PERS nine percent (9%) employee's
contributions.
Section 2: Suaulemental PERS Retirement Benefits
The City agrees to provide additional supplemental retirement benefits to Group 2 employees
under PERS as follows:
• Gov't Code Section: 20042 — One Year Final Compensation:
Final compensation is the average full-time monthly pay rate for the highest twelve (12)
consecutive months.
• Gov't Code Section: 20124 - Military Service Credit as Public Service:
Employees may elect to purchase up to four (4) years of service credit.
• Gov't Code Section: 21571 —Basic Level of 1959 Survivor Benefits:
Provides surviving benefactor a monthly allowance up to four -hundred thirty dollars
($430).
• Gov't Code Section: 21624 & 21626& 21628 - Post Retirement Survivor Allowance:
Provides surviving spouse fifty percent (50%) of the amount of retirement allowance,
dependent on option choices, in effect at the time of death of retiree.
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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 Group 2 employees enrolled in either of the HMO plans, the City shall pay
monthly 100% of the cost of the plan for employees and eligible dependents, not to
exceed $1,100 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 Group 2 employees enrolled in the PPO plan, the City shall pay monthly 100% of
the cost of the plan for employees and eligible dependants, not to exceed $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: The City of Vernon provides a dental insurance plan to employees. Employees may
purchase dental insurance through the City by pre-tax payroll deduction. In the event any Group
2 employee does not exceed the $1,100 monthly medical allowance, the employee shall be
allowed to use any excess monthly allowances towards additional provided coverage for dental
and vision.
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
23
be obligated to pay the cost or provide said medical, dental, vision, and life insurance benefits as
described so long as this MOU remains in effect.
Section 4: Retiree's Medical
Employees in the classifications represented by VPOBA and/or in "Group 2" who have been
employed as sworn safety personnel for a minimum of twenty (20) years and a minimum of 10
(ten) years of that service has been in the employment of the City of Vernon shall receive
lifetime medical benefits for themselves and their spouses when they leave the employment of
the City.
The City and Association 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.
Section 5: Vacations
A. Accrual
• Vacation accrual after the first year of service: 120 hours per year
• Vacation accrual after ten (10) years of service: 160 hours per year
• Vacation accrual after completion of twenty-five (25) years of service: 170
hours per year
B. Policy
Group 2 employees may take all or part of their vacation in increments of one-
fourth (1/4) hour or more, as determined by the Chief at his discretion with due
regard for the wishes of the employee and the needs of the Department.
Any request will be honored only if, in the opinion of the Chief or his designee,
the manpower or service level on the day or days and at the times requested is
adequate to permit granting such a request.
Vacation time provided for herein shall be accumulated from calendar year to
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;
calendar year, and shall be compensated for if not utilized during said period.
Section 6: "In Lieu" Holidays
Group 2 employees shall receive one hundred and ten (I 10) "in lieu" holiday hours per fiscal
year. "In lieu" holidays will be credited to each employee on each July lin which he/she is on
the active payroll of the Department, including those on "Light Duty," in a classification
represented by the VPOBA, and must be taken prior to the immediately following July 1.
"In lieu" holidays may be taken in increments of one-fourth (1/4) hour or more, on dates desired
by the employee subject to the needs of the Vernon Police Department.
"In lieu" holidays, if not taken, shall not be paid for except if the employee was denied an
opportunity to take them off during the fiscal year for which such "in lieu" holidays were
granted. In that case only, the employee shall be paid for said "in lieu" holidays not taken with
his/her fust possible payroll check on or after July 1 of the fiscal year following the year for
which the "in lieu" holidays were credited, at his/her then basic rate, excluding all other
compensation, computed in accordance with the applicable Salary Resolution of Vernon. An
employee who quits or is terminated shall not be entitled to any compensation for "in lieu"
holidays not taken.
If the City Council, during the fiscal year, provides one or more additional holidays to the
miscellaneous employees in addition to those holidays provided for in Resolution No. 8764,
Group 2 employees shall receive the same number of any additional holidays. Any additional
"in lieu" holiday time received by Group 2 employees will be for a maximum of ten (10) hours
per day received.
Section 7: Sick Leave
Group 2 employees only receive sick leave accrual while they are in a paid status. Employees
shall accrue sick time at a rate of 3.08 hours per pay period (80 hour annually), with a maximum
cap of 960 hours. Upon reaching the cap, employees will continue to accrue sick leave provided;
however, in the final pay period in December each year all accrued sick leave in excess of 960
25
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hours shall be cashed in at fifty percent (50%) of the employee's regular rate of pay.
If a Group 2 employee separates or terminates employment with the City, they shall be
compensated for any accrued sick leave hours at the time of separation not to exceed 960 hours.
Employees that separate from service with more than 20 years of service credit shall be
compensated at 100% of their current pay rate applied to the first 480 sick leave hours and 50%
for their remaining hours up to the cap of 960 hours. Employees with less than 20 years of
service shall be compensated at 50% of their then current pay rate up to the cap of 960 hours.
Employees shall have the option of obtaining service credit for the accrued, unused sick leave
hours instead of a cash payment pursuant to California Government Code Section 20965.
Group 2 employees are expected to contact their supervisor or Department head as soon as
possible to report a sick leave time off notification and provide appropriate information on the
nature of the illness or injury and the expected duration of the time off. Employees unable to
report for duty due to an illness should be required to call in and notify the on -duty supervisor a
minimum of 2 hours before they are due to start their shift.
A Group 2 employee who is absent on sick leave for more than two (2) consecutive shifts shall
be required by his or her supervisor to provide a doctor's note in order to be paid for the sick
leave.
Section 8: Bereavement Leave
When an employee is compelled to be absent from duty by reason of death or critical illness
(where death appears imminent) of a member of the employee's immediate family (father,
mother, brother, sister, spouse, children, mother-in-law, father-in-law, grandmother, grandfather,
grandchildren, grandmother -in-law, grandfather -in-law, or registered domestic partner), such
person will be permitted, subject to the Chief of Police's approval, to a leave of absence with pay
for up to twenty-five (25) hours over two shifts, which may, but need not be, consecutive. An
employee shall not be granted paid Bereavement Leave for more than 2 days 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"
26
holiday time that is due to the employee, in order to lengthen such bereavement time.
The employee shall furnish satisfactory evidence of such death or critical illness to the Chief of
Police, if requested.
Section 9: Auto Insurance
Group 2 employees are eligible to participate in the auto insurance program for all employees
wherein the City will contribute thirty-five dollars ($35) per month per employee toward said
employee participation.
Section 10: Deferred Compensation
Group 2 employees are eligible to participate in the City's Deferred Compensation Program.
Section 11: Other Citv Emplovee Programs
Group 2 employees are eligible to participate in all City sponsored programs passed by City
Council Resolutions that are intended to benefit all employees in the areas of, but are not limited
to, the following:
• Buyback of military leave for PERS retirement time
• Computer loan purchase plan
• Life insurance
• Corrective eye surgery plan
• Hearing aid devise plan
• Tuition reimbursement plan
• Family Medical Leave Act (FMLA)
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ARTICLE EIGHT
WORK SCHEDULE AND ABSENCES
Section 1: Provisions
The Vernon Chief of Police at his sole discretion shall establish the work schedule.
No existing personnel in Group 2 will be laid off during the term from July 1, 2012, through
June 30, 2014.
Section 2: Work Schedule 3/12 Plan
Law Enforcement agencies are allowed to establish a work period of any length between seven
(7) and twenty-eight (28) consecutive days. At the City, employees must work one hundred
sixty (160) hours per twenty-eight (28) day cycle. In order to be compliant, Group 2 employees
will work three (3), twelve and one half hour (12%:) days per week with a ten (10) hours
payback per month, without incurring any overtime.
In the event the City needs to adjust any work schedule, the City agrees that no such
modification will be conducted without first notifying the effected employee a minimum of 10
days prior to the change, unless agreed to by the effected employee(s) and the Chief of Police or
his designee.
The City agrees to continue the 3/12 Plan for Group 2 employees assigned to patrol, with the
exception of specific assignments. The VPOBA agrees that the City may, at its sole discretion
and at any time, terminate the 3/12 Plan. The VPOBA agrees that the termination of the 3/12
Plan is not subject to the grievance procedure or any other administrative review and that the
3/12 Plan is not and shall not become a vested right in any manner, and that a decision to
terminate such 3/12 Plan is subject to the meet and confer process.
Section 3: Shift and Code Seven Policv:
Patrol personnel shall work a twelve- and -one-half (12'/x) hour shift. The first one-half hour
shall be used for briefing and training purposes. Lunch time (Code 7) shall be part of the shift
and is compensable.
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Section 4: Sergeants
Patrol sergeants are entitled to eight (8) months of weekends off per year (including Saturday,
Sunday and Monday). In the event there is a need to adjust a Patrol Sergeant's work schedule
due to staffing issues, no such modification will be conducted without first notifying the affected
Sergeant a minimum of 10 days prior to the schedule adjustment. There may be an exception to
the minimum schedule change notice if the affected Sergeant is an agreement to an immediate
change in his/her work schedule.
Section 5: Shift Trades
The practice of shift trading shall be voluntary on behalf of each employee involved in the trade.
A shift trade must be pre -approved by a supervisor. The trade must be due to the employee's
desire or need to attend to a personal matter and not due to the department's operations. The
employee providing the trade shall not have his/her compensable hours increased as a result of
the trade; nor shall the employee receiving the trade have his/her compensable hours decreased
as a result of the trade.
If one individual fails to appear for the other (regardless of the reason), the person who was
scheduled as a result of the shift trade will be listed as absent without leave and may be subject
to discipline.
Any premium pay or other extra compensation shall continue to accrue only to the person
originally entitled to the premium pay or extra compensation. Any hours worked beyond the
normal work day will be credited to the individual actually doing the work. "Paybacks" of shift
trade are the obligation of the two employees involved in the trade. "Paybacks" are to be
completed within one (1) calendar year of the date of the initial shift trade.
Any dispute as to the "paybacks" is to be resolved by the.involved employees, and under no
29
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 provided by the Department.
Section 6: Early Relief
The practice of early shift relief shall be voluntary on behalf of each employee involved in the
relief. The employee providing the early relief shall not have his/her compensable hours
increased as a result of the early relief, nor shall the employee relieved early have his/her
compensable hours decreased as a result of the early relief.
"Paybacks" of early relief hours are the sole obligation of the two employees involved in the
early relief. Any dispute is to be resolved by the involved employees, and under no
circumstances will the Department be obligated for any further compensation whatsoever to any
of the involved employees. The Department is not responsible in any manner for hours owed to
employees by other employees who leave the employment of the City or are assigned other
duties.
Section 7: Staffing
The City agrees, at the minimum, to meet and discuss any newly budgeted sworn position to
determine special assignment pay, as appropriate.
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ARTICLE NINE
GRIEVANCE PROCEDURE
Vernon has adopted a grievance procedure applicable to all Police Officers and Sergeants
containing the following principles:
A grievance will be defined as a dispute between the City and an employee or employees
adversely affected thereby over interpretation or application of any provision of this
Memorandum of Understanding or policy."Days" as used herein shall be those days that
the City Hall of the City of Vernon is open part or all of the day. "Immediate Supervisor"
is the lowest level management or supervisory person having immediate jurisdiction over
the grievant.
Stev 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.
32
ARTICLE TEN
DISCIPLINE PROCEDURE
A committee composed of representatives of the City, the Police Administration and the Police
Officers' Benefit Association is currently working on modifications to the Current Disciplinary
Procedure described below. The charge of this committee is to reach consensus agreement for a
committee recommendation that will be presented to the City and Association. If both the City
and the Association agree with the committee's recommendations, those recommendations will
be adopted by the City and the Police Department within 30 days after written approval by both
parties and will replace the Current Discipline Procedure described below.
Current Disciplinary Procedure
The parties hereby recognize that the City Council of the City of Vernon, in Resolution No.
6811, Section 1, at p. 6, have declared, and have so stated in all salary resolutions, their intention
to reserve unto the City Council, complete and exclusive discretion to determine matters relating
to discharge, suspension or other matters of discipline of all employees in conformance with its
long standing view and policy that all employees of the City of Vernon serve at the will and
pleasure of the City Council. The parties also recognize that all employees of the City of Vernon
are at -will employees and that the issue of property rights is not subject to negotiation or the
meet and confer process established by Resolution No. 4027.
However, the parties recognize that the Public Safety Officers Procedural Bill of Rights Act (the
"Act") (Government Code Section 3300, et. seq.) provides for the administrative appeal of
certain types of disciplinary actions. The procedural details for implementing the provisions of
such administrative appeal shall be as follows:
Step 1
Any police officer who wishes to proceed with an administrative appeal after a decision by the
City Council regarding a disciplinary action must make a written request for the administrative
appeal- The written request must identify each of the issues which said officer intends to address
during the administrative appeal and must be personally delivered to the office of the City
33
4
Administrator of the City of Vernon within ten (10) working days after receiving written notice
of the City Council's decision imposing the subject discipline. The parties agree that if such
written request is not submitted to the City Administrator's office in a timely manner, said police
officer shall have waived his or her right to proceed with the administrative appeal.
Step Z
After receipt of the written request for the administrative appeal, the City Administrator shall,
within forty (40) days, schedule the administrative appeal for a closed session at a scheduled City
Council meeting. The police officer shall have the right to have the matter proceed in open
session, but must make the City Council aware of this choice before the appeal begins. The City
Administrator shall provide the police officer with at least ten (10) days notice of the scheduled
City Council meeting when the administrative appeal will be heard.
Step 3
The City Council shall conduct the administrative appeal, and shall consider and receive such
evidence as it deems appropriate.
Step 4
Said police officer shall not have the right to subpoena witnesses or cross-examine any
witnesses, but shall be permitted to submit written documents and oral testimony.
Step $
The City Council's decision will be provided in a written format which will be given to the
police officer after the decision is made. The decision of the City Council shall be final and shall
be binding on the parties.
The parties agree that the administrative appeal provided for under this article shall not create a
vested property right in said police officer's job in any manner whatsoever, or in any manner
obviate the terms and conditions of such police officer's individual employment contract with
the City. The parties further agree that nothing contained in this Memorandum of Understanding
("MOV') is intended to either expressly, or by implication, supersede the presumption of at -will
34
employment created by Labor Code Section 2922. The parties further agree that nothing in this
article, or in any other portion of the MOM, provides the police officer with any property rights,
and that the police officer waives his or her right to assert or enjoy any such property right.
KI
ARTICLE ELEVEN
MANAGEMENT RIGHTS
The City retains all its exclusive rights and authority under State and Federal law and expressly
and exclusively retains its management rights, which include, but are not limited to:
A. The exclusive right to determine 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 because of
lack of work or other lawful reasons.
G. Maintain the efficiency of governmental operations.
H. Determine the methods, means and numbers and kinds of personnel by which
government operations are to be conducted.
I. Determine the content and intent of the job classifications.
J. Determine methods of financing.
K. Determine style and/or types of city -issued wearing apparel, equipment or
technology to be used.
L. Determine and/or change the facilities, methods, technology, means,
organizational structure and size and composition of the work force and allocate
and assign work by which the City operations are to be conducted.
M. Determine and change the number of locations, relocations and type of operations
processes and materials to be used in carrying out all city functions, including, but
not limited to, the right to contract for or subcontract any work or operations of
the City.
N. Assign work to and schedule employees in accordance with requirements as
determined by the City and to establish and change work schedules and
assignments upon reasonable notice.
36
1
d. Establish and modify productivity and performance programs and standards.
F. Discharge, suspend, demote, reprimand, withhold salary increases and benefits, or
otherwise discipline employees in accordance with applicable state law.
Q. Establish employee performance standards including, but not limited to, quality
and- quantity standards, and to require compliance therewith.
R Take all necessary actions to carry out its mission in emergencies.
S. Exercise complete control and discretion over its organization and the technology
of performing its work.
The exercise of such rights shall not preclude employees or their representatives from meeting
and conferring or meeting and consulting, as required by law, with management representatives.
37
,G
CITY OF VERNON
Mark Whitworth
City Administrator / "MERR"
Attest:
Willard G. Yamaguchi
City Clerk
Dated:
SIGNATURE PAGE
38
38
VERNON POLICE OFFICERS'
BENEFIT ASSOCIATION
.T
La Gaytan
President
Ignacio Estrada
Vice President
Dated: ''P /'9 1 1 -2-
Of
OFFICE OF THE CITY CLERK
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
June 21, 2012
Vernon Police Officers' Benefit Association
Attn: Larry Gaytan, President
4305 Santa Fe Avenue
Vernon, CA 90058
Re: Memorandum of Understanding — July 1, 2012 — June 30, 2014
Dear Mr. Gaytan:
Transmitted herewith is a fully executed copy of the Memorandum of Understanding approved
by City Council on June 19, 2012, through Resolution No. 2012-95.
If you have any questions regarding this matter, please call Mark Whitworth, at (323) 583-8811
ext. 398.
veryAruiy yours,
WI ARD G. AM GU HI
City Clerk
WGY:dj
Enclosure
c: Mark Whitworth
Resolution No. 2012-95
Agreement No. 12-058
E1ccfusivefy Indu.stfial
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
AND
VERNON POLICE OFFICERS' BENEFIT ASSOCIATION
July 1, 2012 through June 30, 2014
tz
TABLE OF CONTENTS
MEMORANDUM OF UNDERSTANDING
Parties to the Memorandum of Understanding......................................................5
ARTICLE TWO: LEGAL LIMITATIONS, SAVINGS CLAUSE& TERM
Section 1: Legal Limitations and Savings Clause............................................8
Section2: Term................................................................................... 8
ARTICLE THREE: SALARIES
Section 1: Police Officers......................................................................... 9
Section 2: Sergeants................................................................................9
Section 3: Merit Steps.............................................................................9
Section 4: Salary Adjustment Increase........................................................ 10
Section 5: Premium Pay.........................................................................10
Section 6: Bilingual Pay.........................................................................10
Section 7: "P.O.S.T." Certificate Incentive .................................................... 10
Section 8: Shooting Pay.........................................................................11
Section 9: Field Training Officer............................................................... 11
1
ARTICLE ONE: FUNDAMENTALS
Section 1:
Recognition..........................................................................
6
Section 2:
No Discrimination..................................................................
6
Section 3:
Mutual Cooperation.................................................................
6
Section4:
No Layoffs...........................................................................
6
Section 5:
No Strikes or Lockouts.............................................................
6
Section 6:
City / VPOBA Meetings............................................................
7
Section 7:
Association Business...............................................................
7
ARTICLE TWO: LEGAL LIMITATIONS, SAVINGS CLAUSE& TERM
Section 1: Legal Limitations and Savings Clause............................................8
Section2: Term................................................................................... 8
ARTICLE THREE: SALARIES
Section 1: Police Officers......................................................................... 9
Section 2: Sergeants................................................................................9
Section 3: Merit Steps.............................................................................9
Section 4: Salary Adjustment Increase........................................................ 10
Section 5: Premium Pay.........................................................................10
Section 6: Bilingual Pay.........................................................................10
Section 7: "P.O.S.T." Certificate Incentive .................................................... 10
Section 8: Shooting Pay.........................................................................11
Section 9: Field Training Officer............................................................... 11
1
Section 10: Canine Handlers..................................................................... 12
Section 11: Motor Officers....................................................................... 12
Section 12: Relief Sergeant...................................................................... 12
Section13: Salary.................................................................................. 12
ARTICLE FOUR: LONGEVITY
Section 1: Employees Hired Before July 1, 1995 ........................................... 13
Section 2: Employees Hired On or After July 1, 1995 ..................................... 14
ARTICLE FIVE: OVERTIME
Section 1: Overtime Authorization............................................................ 15
Section 2: FLSA Overtime..................................................................... 15
Section 3: Comp Time.......................................................................... 15
Section 4: Leave Time Inclusion.............................................................. 16
Section 5: Training and Recertification...................................................... 16
Section 6: Court Attendance and "Stand By" Time ........................................ 17
Section 7: Call Backs........................................................................... 18
Section8: Jury Duty............................................................................ 18
Section 9: Non-Compensable.................................................................. 20
ARTICLE SIX: UNIFORMS, ALLOWANCE AND SAFETY EQUIPMENT
Section 1: Uniform Allowance................................................................. 21
Section 2: Summer Uniforms...................................................................21
Section 3: Safety Equipment....................................................................ZI
2
ARTICLE SEVEN: BENEFITS
Section 1:
Public Employees Retirement System............................................22
28
Section 2:
Supplemental PERS Benefits......................................................
22
Section 3:
Medical, Dental, Vision and Life Insurance
.....................................23
Section 4:
Retirees Medical.....................................................................
24
Section 5:
Vacation Time.......................................................................
24
Section 6:
"In Lieu' Holiday Time............................................................
25
Section 7:
Sick Leave............................................................................25
Section 8:
Bereavement Leave.................................................................
26
Section 9:
Auto Insurance.......................................................................27
Section 10:
Deferred Comp.......................................................................27
Section 11:
Other City Employee Programs ...................................................
27
ARTICLE EIGHT: WORK SCHEDULE AND ABSENCES
Section 1:
Provisions............................................................................
28
Section 2:
Work Schedule 3/12 Plan ..........................................................
28
Section 3:
Shift and 7 Code Policy............................................................
28
Section 4:
Sergeants.............................................................................
29
Section 5:
Shift Trades..........................................................................
29
Section 6:
Early Relief..........................................................................
30
Section 7: Staffing................................................................................ 30
ARTICLE NINE: GRIEVANCE PROCEDURE
Grievance Procedure Steps.......................................................................... 31
ARTICLE TEN: DISCIPLINE PROCEDURE
Discipline Procedure Steps.......................................................................... 33
3
ARTICLE ELEVEN: MANAGEMENT RIGHTS
ManagementRights................................................................................... 36
SIGNATURE PAGE
Signatures.............................................................................................. 38
4
MEMORANDUM OF UNDERSTANDING
13—W &10A DI 04eI
CITY OF VERNON
AND
VERNON POLICE OFFICERS' BENEFIT ASSOCIATION
Parties to the Memorandum of Understanding
Pursuant to Chapter 10 (section 3500 et seq) of Division 4, Title 1 of the Government Code and
Resolution No. 4027, the Resolution for the administration of Employer-employee relations, the
matters within the scope of representation that are set forth in this Memorandum of
Understanding (MOU) have been discussed by and between representatives of the City of
Vernon and the representatives of the Vernon Police Officers' Benefit Association (hereinafter
"VPOBA") and except as otherwise specifically provided herein shall apply only to those
defined in the aforesaid Resolution as "full-time and regular part-time employees in the Police
Department except management and confidential employees" (Section 8B(2) "Group 2"),
otherwise known as Police Officers and Sergeants.
This MOU constitutes a joint agreement by the Municipal Employee Relations Representative
("MERR") and the VPOBA, to be submitted to the City Council of Vernon for its determination
and approval by one or more Resolutions or Ordinances as the City Council may deem fit and
proper.
The MERR and the Representative of the VPOBA have agreed that they will jointly urge the
City Council of Vernon to adopt one or more Resolutions or Ordinances reflecting the changes in
wages, hours, and other conditions of employment agreed upon in this MOU.
If approved, the terms agreed upon by this MOU shall take effect on July 1, 2012, and shall
expire at midnight on June 30, 2014.
IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN STATED, the VP013A
and the City of Vernon agree as follows:
5
ARTICLE ONE
FUNDAMENTALS
Section 1: Recognition
The City of Vernon recognizes the Vernon Police Officers' Benefit Association ("VPOBA") as
the certified majority representative of the Group 2 employees, comprised of Police Officers and
Sergeants, as the exclusive representative of the employees for purposes of collective bargaining
for all terms and conditions within this Memorandum of Understanding.
Section 2: No Discrimination
The provisions of this Memorandum of Understanding shall be applied equally to all employees
covered hereby. Neither the City nor the VPOBA shall discriminate against any individual,
applicant or employee with respect to his compensation, terms, condition, or privileges of
employment or because of an individual's race, color, sex, religion, national origin, age, marital
status, disability, pregnancy, sexual orientation, political or religious opinions or affiliations, or
membership or non -membership in the VPOBA.
Section 3: Mutual Cooperation
The parties recognize the necessity of cooperating on matters of mutual concern and interest and
agree to work together to maximize the effectiveness of the Police Department and the City and
to accomplish legislative and funding goals in their mutual interest.
Section 4: No Layoffs
The parties recognize the right of management to implement layoffs. Notwithstanding this right,
the parties expressly agree that the City shall not lay off any employee from any classification
represented by the VPOBA through the term of this MOU.
Section 5: No Strikes or Lockouts
During the life of this agreement no work stoppages, strikes, slowdowns, or picketing shall be
caused or sanctioned by the VPOBA, and no lockouts shall be made by the City.
III
Section 6: Citv/VPOBA Meetines
Representatives from the VPOBA and the City Administrator's office shall meet as needed to
discuss issues of mutual concern.
Section 7: Association Business
Representatives of the VPOBA shall be allowed time to conduct their Association business as
necessary during work hours. Coordination of such work will be made with the Chief of Police
to ensure the availability of staffing levels for such meetings.
The VPOBA President will have available to him a total of 170 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.
A. The VPOBA President will be responsible for assigning any Association 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 Police Chief or his designee.
B. In each case where Association Leave Time is requested, such request must be in
writing to the Police Chief or his designee or above a minimum of 72 hours before the
Leave Time is needed unless authorized in writing by the Police 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 Police Chief or his designee.
D. In no case will Association Leave Time be used for political action purposes.
7
ARTICLE TWO
LEGAL LIMITATIONS, SAVINGS CLAUSE, AND TERM
Section 1: Leal Limitations and SavinEs Clause
It is understood and agreed that this Memorandum of Understanding (including, but not limited
to, the provisions of the Fair Labor Standards Act) and any and all Resolutions or Ordinances
adopted in implementation thereof are and shall be subject to all present and future applicable
federal and state laws and regulations and shall be effective and implemented only to the extent
permitted by such laws and regulations.
If any part of this Memorandum of Understanding or of any Resolution or Ordinance adopted in
implementation thereof is in conflict or inconsistent with any such applicable provisions of
federal and state laws or regulations or otherwise held to be invalid or unenforceable by any
tribunal of competent jurisdiction, such part or provision shall be suspended and superseded, and
such applicable laws and regulations and the remainder of this Memorandum of Understanding
shall not be affected thereby and shall remain in full force and effect.
Section 2: Term
The VPOBA and City of 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 VPOBA that would take effect prior to July 1, 2014, and
neither party shall be required to meet and confer as to any such request.
If the VPOBA or City desires to negotiate a successor MOU, either party may serve upon the
other a written request between February 1, 2014, and March 1, 2014.
0
ARTICLE THREE
SALARIES
Section 1: Police Officer Julv 1. 2012
Julv 1. 2013
Step 6 (Police Recruit at the Academy)
$5,773
$5,946
Step 5 (After graduation from the Academy and sworn in)
$6,091
$6,273
Step 4 (6 months after graduation from the Academy)
$6,426
$6,618
Step 3 (18 months after graduation from the Academy)
$6,779
$6,982
Step 2 (30 months after graduation from the Academy)
$7,152
$7,366
Step 1 (42 months after graduation from the Academy)
$7,545
$7,771
Section 2: Sergeant
Step 6 (Upon appointment)
$7,028
$7,240
Step 5 (12 months after appointment to step 6)
$7,415
$7,638
Step 4 (12 months after appointment to step 5)
$7,823
$8,058
Step 3 (12 months after appointment to step 4)
$8,253
$8,501
Step 2 (12 months after appointment to step 3)
$8,707
$8,969
Step 1 (12 months after appointment to step 2)
$9,186
$9,462
Section 3: Merit Stens
Promotions or salary increases to higher pay grades are merit steps only, and shall be available to
employees as recognition and reward for satisfactory services with the time frames described for
the position of Police Officer, and after one (1) year at present grade for Sergeants. However,
the promotion or salary increase to any said grade shall remain the sole discretion of the City
Council.
Notwithstanding the above provision, any person employed in a position of Police Officer, Step
6, shall be appointed to Step 5 upon his/her successful completion in an assigned accredited
training academy, and any person employed in a position of Police Officer, Step 5, shall be
appointed to Step 4 after serving at least six (6) months in the field and upon receiving a merit
evaluation of satisfactory/competent. Any person who qualifies for said increase shall have
E
his/her anniversary date for future merit increases established as of the date said officer is
appointed to said grade.
Section 4: Salary Adiustment Increase
In the event there is a salary inequity between ranks or between employees within the
Department, the Chief of Police may incorporate a service adjustment increase up to ten percent
(10%) per month of their base salary.
Section 5: Premium Pav
In the event a Police Officer or a Sergeant is assigned to the Detective Division, the Professional
Standards Division, or an outside detail or task force, he/she shall receive premium pay equal to
five percent (5%) of his/her base pay per month, and the premium pay shall not be considered to
be part of the employee's base monthly salary when computing Peace Officers Standards and
Training (P.O.S.T.) certificate incentives; however, it shall be considered as part of the base
monthly salary for purposes of computing overtime pay and last highest annual salary.
Section 6: Bilineual Pav
A Group 2 employee may be compensated for bilingual skills after the employee demonstrates
proficiency in speaking a foreign language (the ability to read and write in a foreign language
may also be tested, if necessary), which proficiency would be determined by successful
completion of the Cal State Fullerton or other designated foreign language proficiency test
designated by the Vernon Police Department. Those employees who successfully demonstrate
this skill are eligible to receive an additional One Hundred Twenty -Five Dollars ($125.00) per
month for bilingual pay and shall not be considered to be part of the employee's base monthly
salary when computing Peace Officers Standards and Training (P.O.S.T.) certificate incentives;
however, it shall be considered as part of the base monthly salary for purposes of computing the
last highest annual salary.
Section 7: Peace Officers Standards and Trainine ("Post") Certificate Incentive
Group 2 employees who have completed their evaluation period shall be entitled to P.O.S.T.
certificate pay as follows:
• Three percent (3%) of the employee's basic monthly salary, excluding all other
10
LG
compensation, for a P.O. S.T. intermediate certificate; or
• Six percent (6%) of the employee's basic monthly salary, excluding all other
compensation, for a P.O.S.T. advanced certificate.
Payment of the above -referenced incentive compensation shall not be cumulative; only the
highest applicable incentive pay level shall apply.
Incentive pay shall be payable the month following the month during which the certificate is
granted.
P.O.S.T. certificate pay shall be considered as part of the base monthly salary for purposes of
computing the last highest annual salary
Section S: Shootine Pav
It is recognized by the City of Vernon and the VPOBA that a peace officer must qualify in the
firing range on a monthly basis in order to continue to be employed and to receive Shooting Pay.
Such qualifications shall occur on duty. Employees who shoot at the range other than the
required qualifications dates will be considered to be on personal time. Such time is not counted
as working time and is not compensable.
Officers who achieve the following qualifications shall receive compensation as follows:
Marksman
$
3.00
Per Month
Sharpshooter
$
5.00
Per Month
Expert
$
7.50
Per Month
Distinguished Expert
$
10.00
Per Month
Shooting Pay shall be considered as part of the base monthly salary for purposes of computing
the last highest annual salary.
Section 9: Field Trainine Officers
Police Officers assigned by the Chief of Police, or his designee, as Field Training Officers shall
receive a deferential of five percent (5%) of their base salary for the period so assigned. This 5%
11
L4,
deferential shall be considered a part of their base salary when calculating Longevity, SAI and
POST certificate pay.
Each officer assigned as a Field Training Officer shall complete a P.O.S.T. approved Field
Training Officer School prior to assignment.
The number of field training officers, qualifications, and training for such assignment shall be
determined by the Chief of Police. Such assignment maybe revoked at any time without recourse
to the disciplinary procedure.
Section 10: Canine Handlers
Each member of the canine team is responsible for the care and maintenance of their assigned
Police Service Dog (PSD) both on and off duty. Each handler assigned to the canine team will
be paid three (3) hours of overtime each week. This overtime pay will compensate the handler
for the time spent providing care for their PSD outside of normal duty hours.
Section 11: Motor Officers
Each Operator shall be provided with one (1) hour off per work week for motorcycle
maintenance. Time off shall be scheduled either at the beginning or end of a shift with the
Watch Commander to ensure sufficient staffing levels.
Section 12: Relief Sergeant
Vernon has established a Sergeant's relief position with a salary equal to the salary received by
Patrol Sergeants. The Chief of Police has the discretion to assign additional duties to the
Sergeant assigned to this position.
Section 13: Salary:
The City shall implement across the board base salary increases of 3% effective July 1, 2012,
and July 1, 2013, as reflected in Article Three, Sections 1 and 2 (page 9) of this MOU.
12
ARTICLE FOUR
LONGEVITY
Section 1: Emplovees Hired Before Julv 1. 1995
Effective August 31, 1986, the City established a four -step longevity program for all employees.
Said Longevity program is as follows:
• All eligible employees who have five years of service on or before August3l, 1986, shall
receive an additional five percent (5%) per month of their base salary effective August
31, 1986, and every year thereafter until reaching the next Longevity level. Employees
upon reaching their 5th anniversary date after August 31, 1986, shall be entitled to said
five percent (5%) per month upon said anniversary date.
• All eligible employees who have ten (10) years of service on or before July 1, 1987, shall
receive an additional ten percent (10%) per month of their base salary effective July 1,
1987, and every year thereafter until reaching the next Longevity level. Employees upon
reaching their 10th anniversary date after July 1, 1987, shall be entitled to said ten
percent (10%) per month upon said anniversary date. Said ten percent (10%) is in place
of the five percent (59/o) referenced in paragraph 1 above and not cumulative therewith.
• All eligible employees who have fifteen (15) years of service on or before July 1, 1988,
shall receive an additional fifteen percent (15%) per month of their base salary effective
July 1, 1988, and every year thereafter until reaching the next Longevity level.
Employees upon reaching their 15th anniversary date after July 1, 1988, shall be entitled
to said fifteen percent (15%) per month upon said date. Said fifteen percent (15%) is in
place of each of the amounts referenced in paragraphs 1 and 2 above and not cumulative
therewith.
• All eligible employees who have twenty (20) years of service on or before July I, 1989,
shall receive an additional twenty percent (20%) per month of their base salary effective
July 1, 1989, and every year thereafter. Employees upon reaching their 20th anniversary
date after July 1, 1989 shall be entitled to said twenty percent (20%) per month upon said
13
a
anniversary date. Said twenty percent (20%) is in place of each of the amounts
referenced in paragraphs 1, 2 and 3 above and not cumulative therewith.
Section 2: Emulovees Hired on or After Julv 1. 1995
All employees in Group 2 who are hired on or after July 1, 1995, who attain five (5) years of
consecutive uninterrupted employment shall receive an additional five percent (5%) per mouth of
their base salary. Such employees shall be entitled to receive such five percent (5%) increase
upon reaching their 5th anniversary date. Such employees will not be entitled to receive any
additional Longevity percentage increase to their base salary for further service.
14,
L4
ARTICLE FIVE
OVERTIME
Section 1: Overtime Authorization
All overtime requests must have prior written authorization of a supervisor prior to the
commencement of such overtime work. Where prior written authorization is not feasible, explicit
verbal authorization must be obtained. Where verbal authorization is obtained, written
authorization must be obtained as soon thereafter as practicable. Dispatched calls extending
beyond the end of duty time are considered as authorized.
Section 2: F.L.S.A. Overtime
Group 2 employees required to perform in excess of the standard work period of 160 hours in a
28 -day cycle shall receive compensation at the rate of time and one-half their regular rate of pay
or time and one-half "compensatory time" for each hour worked. The regular rate of pay shall
include the following components in addition to base salary:
• P.O. S.T. Certificate Pay
• Special Assignment Pay
Section 3: Comnensatory Time
Group 2 employees may not earn more than forty (40) hours of compensatory time during any
FLSA 28 -day cycle. At such time as an employee earns forty (40) hours of compensatory time
within a given 28 -day work cycle, any additional overtime in that cycle shall be paid to the
employee at time and one-half of his/her regular rate of pay.
Group 2 employees may not accumulate more than 240 hours of compensatory time. An
employee must be paid at the rate of time -and one-half for any overtime worked beyond the 240 -
hour compensatory time "cap."
15
L(
Section 4: Leave Inclusions
In determining an employee's eligibility for overtime compensation in a work period, paid
leaves of absence will be included in the total number of hours worked. Paid leaves of absence
include, but are not limited to, the following:
1. Vacation
2. Holiday Leave
3. Sick Leave
4. Administrative Leave
5. Compensatory Leave
6. Workers' Compensation Leave (4850 time)
7. Jury Duty
8. Bereavement Leave
9. Military Leave
10. Association Leave
Section 5: 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.
WO
Section 6: Court Attendance and "Stand BVI Time
Court Appearances
Employees in Group 2 shall be compensated for court appearances in the line of duty outside
regular scheduled duty hours as follows:
A. Court appearances which extend beyond an employee's normal shift assignment shall be
compensated as paid overtime. For purposes of calculating F.L.S.A. overtime pursuant to
this section of this MOU, only the actual time spent in court or traveling in a City vehicle
to and from the Station shall be credited as hours worked. Travel time to and from one's
private residence shall not be considered hours worked and shall not be compensated in
any manner whatsoever.
B. Notwithstanding the provisions of "A" above, Group 2 employees required to attend
court sessions outside their regular schedule duty work shift shall be compensated a
minimum guarantee of four (4) hours at time and one-half (1.5).
C. If an employee is required to stay beyond four hours in court, the employee shall be
compensated at time and one-half (1.5) at their regular hourly rate for all hours spent in
their court duty assignment that day.
Stand By Time
If an employee receives a subpoena to be placed on standby, the effected employee shall be
compensated for Stand By status as follows:
A. An employee who is placed on Stand By status for a half court day, which shall
consist of either a morning session or afternoon session of court, shall be paid Sixty
Dollars ($60.00).
B. An employee who is placed on Stand By status for a full court day, which shall
consist of the morning session and the afternoon session of court, on the same day,
shall be paid One Hundred Nineteen Dollars ($119.00). However, if said employea is
required to appear in court, he/she shall receive court appearance compensation rather
than Stand By compensation for his/her time in court.
17
44
X111
C. The parties agree that Stand By pay shall not count toward hours worked and that the
provision complies with the F.L. S.A.
D. Alternatively, an employee (at the employee's option and with the permission of the
Chief of Police or his designee) on court Stand By may report to the police station, in
uniform, for assignment while awaiting court. Under these circumstances, an
employee shall be compensated on an hour -for -hour basis (if on overtime, at time and
a half) for time actually worked while on Stand By.
E. No additional payment other than that set forth in Section 6 of the MOU shall be
made for Court Pay.
Section 7: Call Backs
Call Back duty occurs when an employee is ordered to report to duty on a non -regularly
scheduled work shift. Call Back does not occur when an employee is held over from his/her
prior shift or is working prior to his/her regularly scheduled shift. This provision is also to be
distinguished from Court pay, which is to be used when an employee is called to court.
An employee called back to duty shall be credited with a minimum of four hours work. Any
hours worked in excess of four hours shall be credited on an hour -for -hour basis (at time and
one-half compensation) for actual time worked.
If the employee is ordered to return to work immediately, his work time shall be credited
commencing immediately after the employee has been directly contacted by the employer.
Section 8: Jury Du
I. Policy
A. hi the event a Group 2 employee is called to serve jury duty, the City will provide
"Jury Duty Pay" as set forth below.
II. Definitions
A. "Jury Duty Pay" — means the juror expenses of per diem fees to jurors in the
superior and municipal courts, in civil and criminal cases, authorized by Section
M
215 of the California Code of Civil Procedure. The fees at the current time are
fifteen dollars ($15) a day for each day's attendance as a juror after the first day.
B. "Jury Duty Mileage Pay" — means the juror expenses of mileage paid to jurors in
the superior and municipal courts, in civil and criminal cases, authorized by
Section 215 of the California Code of Civil Procedure. The reimbursement for
mileage in effect at the time of the mileage incurred will be for each mile actually
traveled to the court house, one way, when attending court as a juror, from the
first day of service. This also includes parking and meal allowances if granted by
the court.
C. "Regular Pay" — means compensation in accordance with the formula adopted in
the current City of Vernon Salary Resolution which provides a monthly amount
for each position and each step in each City department.
D. "Salary Resolution" — means the resolution adopted every fiscal year and any
amendments thereto fixing the compensation of certain employees.
E. "Vacation" — means vacation policies for Group 2 employees of the City of
Vernon
I1I. Work Schedule While Serving on Jury Duty
A. A Group 2 employee must immediately notify his or her supervisor upon receipt
of a jury duty summons.
B. In accordance with Section 215(b) of the Code of Civil Procedure, a juror who is
employed by a local government entity who receives regular compensation and
benefits while performing jury service, may not be paid Jury Duty Pay. An
employee must return all Jury Duty Pay to the Court if paid by the Court.
C. Group 2 employees shall retain any Jury Duty Mileage Pay.
D. Group 2 employees will be required to return to work, if regularly scheduled to
work, as soon as they are released from their jury duty.
IV. Vacation
A. If Section III.B is complied with, the City of Vernon will not require Group 2
19
employees who are called for jury duty to schedule vacation time when
summoned to appear in court.
V. Compensation
A. The City of Vernon will only compensate those Group 2 employees called for
jury duty for the days he or she appears in court pursuant to Section III.B. A
Group 2 employee will be compensated up to two weeks at full pay for jury duty.
Section 9: Non -Compensable
A. City Vehicle Use—Group 2 employees who are provided with a City vehicle to travel
to and from work shall not be compensated in any manner whatsoever for travel time
to and from work. This provision also applies in those situations where the radio must
be left on and monitored unless answering a call for service.
B. Clothes/Uniform Changing Time—Group 2 employees are not authorized to wear
their uniforms or any part thereof that is distinguishable as such unless on duty. Each
employee is provided with a locker for his/her personal convenience. Any employee
may or may not utilize the locker for storage and changing purposes at his/her own
discretion.
Nothing herein prevents an employee from wearing his/her uniform to and/or from
his/her residence to work as long as the badge and insignia are covered in a non -
police issue garment such as a windbreaker. Employees choosing to wear their
uniforms covered to and/or from work should not wear their "Sam -Browne" belt.
Time spent in changing clothes before or after shift, or during lunch, is not considered
hours worked and is not compensable in any manner whatsoever.
C. Exempt --The Chief of Police and Captains are exempt from overtime. For purposes
of treatment of overtime, the classification of Police Sergeant shall be treated in the
same manner as Police Officers.
20
ARTICLE SIX
UNIFORMS, ALLOWANCE AND SAFETY EQUIPMENT
Section 1: Uniform Allowance
The City will pay each Group 2 employee who has completed his or her first year of service with
the City and who is on the active payroll, of the Vernon Police Department the sum of One
Thousand Dollars ($1,000) per fiscal year for the purchase of uniforms and related equipment.
Such payment shall occur within the month of August of each year. Uniform allowance is
special compensation that shall be deemed earned when paid and shall be reported to CalPERS
as compensation earnable.
Section 2: Summer Uniforms
Group 2 employees who are assigned to patrol will be allowed to utilize summer uniforms (blue
shirt/blue shorts) on any day at the discretion of the Chief of Police. The Chief of Police shall
establish authorization or notification procedures, as well as summer uniform requirements.
Section 3: Safetv Eouiument
The City shall, every three (3) years, pay one half of the cost of the member's individual body
armor if the member presents to the City a receipt for body armor that meets Departmental
specifications. If the City provides individual body armor to an employee, and the employee
accepts such body armor, then the three (3) year time period shall begin upon acceptance of the
body armor by the employee.
Group 2 employees who carry a private weapon which has been expressly approved by the
Vernon Police Department and suffer the loss or damage of such weapon in the line of duty shall
be compensated by the City of Vernon up to the amount of replacement cost of the official issue
weapon of the Vernon Police Department unless such loss or damage was caused by the
employee's negligence.
21
cC�
ARTICLE SEVEN
BENEFITS
Section 1: Public Emolovee Retirement Svstem ("PERS")
The City shall maintain its contract with the California Employees Public Retirement System
(PERS) that provides the Group 2 employees with three percent (3%) at 50 PERS retirement
benefit plan.
Group 2 employees shall be responsible for paying their PERS nine percent (9%) employee's
contributions.
Section 2: Sunolemental PERS Retirement Benefits
The City agrees to provide additional supplemental retirement benefits to Group 2 employees
under PERS as follows:
• Gov't Code Section: 20042 — One Year Final Comnensation:
Final compensation is the average full-time monthly pay rate for the highest twelve (12)
consecutive months.
• Gov't Code Section: 20124 - Military Service Credit as Public Service:
Employees may elect to purchase up to four (4) years of service credit.
• Gov't Code Section: 21571 — Basic Level of 1959 Survivor Benefits:
Provides surviving benefactor a monthly allowance up to four -hundred thirty dollars
($430).
• Gov't Code Section: 21624 & 21626& 21628 -Post Retirement Survivor Allowance:
Provides surviving spouse fifty percent (50%) of the amount of retirement allowance,
dependent on option choices, in effect at the time of death of retiree.
22
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 Group 2 employees enrolled in either of the HMO plans, the City shall pay
monthly 100% of the cost of the plan for employees and eligible dependents, not to
exceed $1,100 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 Group 2 employees enrolled in the PPO plan, the City shall pay monthly 100% of
the cost of the plan for employees and eligible dependants, not to exceed $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: The City of Vernon provides a dental insurance plan to employees. Employees may
purchase dental insurance through the City by pre-tax payroll deduction. In the event any Group
2 employee does not exceed the $1,100 monthly medical allowance, the employee shall be
allowed to use any excess monthly allowances towards additional provided coverage for dental
and vision.
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
23
be obligated to pay the cost or provide said medical, dental, vision, and life insurance benefits as
described so long as this MOU remains in effect.
Section 4: Retiree's Medical
Employees in the classifications represented by VPOBA and/or in "Group 2" who have been
employed as sworn safety personnel for a minimum of twenty (20) years and a minimum of 10
(ten) years of that service has been in the employment of the City of Vernon shall receive
lifetime medical benefits for themselves and their spouses when they leave the employment of
the City.
The City and Association 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.
Section 5: Vacations
A. Accrual
• Vacation accrual after the first year of service: 120 hours per year
• Vacation accrual after ten (10) years of service: 160 hours per year
• Vacation accrual after completion of twenty-five (25) years of service: 170
hours per year
B. Policy
Group 2 employees may take all or part of their vacation in increments of one-
fourth (1/4) hour or more, as determined by the Chief at his discretion with due
regard for the wishes of the employee and the needs of the Department.
Any request will be honored only if, in the opinion of the Chief or his designee,
the manpower or service level on the day or days and at the times requested is
adequate to permit granting such a request.
Vacation time provided for herein shall be accumulated from calendar year to
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calendar year, and shall be compensated for if not utilized during said period
Section 6: "In Lieu" Holidays
Group 2 employees shall receive one hundred and ten (110) "in lieu" holiday hours per fiscal
year. "In lieu" holidays will be credited to each employee on each July lin which he/she is on
the active payroll of the Department, including those on "Light Duty," in a classification
represented by the VPOBA, and must be taken prior to the immediately following July 1.
"In lieu" holidays may be taken in increments of one-fourth (1/4) hour or more, on dates desired
by the employee subject to the needs of the Vernon Police Department
"In lieu" holidays, if not taken, shall not be paid for except if the employee was denied an
opportunity to take them off during the fiscal year for which such "in lied' holidays were
granted. In that case only, the employee shall be paid for said "in lied' holidays not taken with
his/her first possible payroll check on or after July 1 of the fiscal year following the year for
which the "in lied' holidays were credited, at his/her then basic rate, excluding all other
compensation, computed in accordance with the applicable Salary Resolution of Vernon. An
employee who quits or is terminated shall not be entitled to any compensation for "in lied'
holidays not taken.
If the City Council, during the fiscal year, provides one or more additional holidays to the
miscellaneous employees in addition to those holidays provided for in Resolution No. 8764,
Group 2 employees shall receive the same number of any additional holidays. Any additional
"in lied" holiday time received by Group 2 employees will be for a maximum of ten (10) hours
per day received.
Section 7: Sick Leave
Group 2 employees only receive sick leave accrual while they are in a paid status. Employees
shall accrue sick time at a rate of 3.08 hours per pay period (80 hour annually), with a maximum
cap of 960 hours. Upon reaching the cap, employees will continue to accrue sick leave provided;
however, in the final pay period in December each year all accrued sick leave in excess of 960
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hours shall be cashed in at fifty percent (50%) of the employee's regular rate of pay
If a Group 2 employee separates or terminates employment with the City, they shall be
compensated for any accrued sick leave hours at the time of separation not to exceed 960 hours.
Employees that separate from service with more than 20 years of service credit shall be
compensated at 100% of their current pay rate applied to the first 480 sick leave hours and 50%
for their remaining hours up to the cap of 960 hours. Employees with less than 20 years of
service shall be compensated at 50% of their then current pay rate up to the cap of 960 hours.
Employees shall have the option of obtaining service credit for the accrued, unused sick leave
hours instead of a cash payment pursuant to California Government Code Section 20965.
Group 2 employees are expected to contact their supervisor or Department head as soon as
possible to report a sick leave time off notification and provide appropriate information on the
nature of the illness or injury and the expected duration of the time off. Employees unable to
report for duty due to an illness should be required to call in and notify the on -duty supervisor a
minimum of 2 hours before they are due to start their shift.
A Group 2 employee who is absent on sick leave for more than two (2) consecutive shifts shall
be required by his or her supervisor to provide a doctor's note in order to be paid for the sick
leave.
Section 8: Bereavement Leave
When an employee is compelled to be absent from duty by reason of death or critical illness
(where death appears imminent) of a member of the employee's immediate family (father,
mother, brother, sister, spouse, children, mother-in-law, father-in-law, grandmother, grandfather,
grandchildren, grandmother -in-law, grandfather -in-law, or registered domestic partner), such
person will be permitted, subject to the Chief of Police's approval, to a leave of absence with pay
for up to twenty-five (25) hours over two shifts, which may, but need not be, consecutive. An
employee shall not be granted paid Bereavement Leave for more than 2 days 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"
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holiday time that is due to the employee, in order to lengthen such bereavement time.
The employee shall finish satisfactory evidence of such death or critical illness to the Chief of
Police, if requested.
Section 9: Auto Insurance
Group 2 employees are eligible to participate in the auto insurance program for all employees
wherein the City will contribute thirty-five dollars ($35) per month per employee toward said
employee participation.
Section 10: Deferred Compensation
Group 2 employees are eligible to participate in the City's Deferred Compensation Program.
Section 11: Other Citv Emnlovee Programs
Group 2 employees are eligible to participate in all City sponsored programs passed by City
Council Resolutions that are intended to benefit all employees in the areas of, but are not limited
to, the following:
• Buyback of military leave for PERS retirement time
• Computer loan purchase plan
• Life insurance
• Corrective eye surgery plan
• Hearing aid devise plan
• Tuition reimbursement plan
• Family Medical Leave Act (FMLA)
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ARTICLE EIGHT
WORK SCHEDULE AND ABSENCES
Section 1: Provisions
The Vernon Chief of Police at his sole discretion shall establish the work schedule.
No existing personnel in Group 2 will be laid off during the term from July 1, 2012, through
June 30, 2014.
Section 2: Work Schedule 3/12 Plan
Law Enforcement agencies are allowed to establish a work period of any length between seven
(7) and twenty-eight (28) consecutive days. At the City, employees.must work one hundred
sixty (160) hours per twenty-eight (28) day cycle. In order to be compliant, Group 2 employees
will work three (3), twelve and one half hour (12%:) days per week with a ten (10) hours
payback per month, without incurring any overtime.
In the event the City needs to adjust any work schedule, the City agrees that no such
modification will be conducted without first notifying the effected employee a minimum of 10
days prior to the change, unless agreed to by the effected employee(s) and the Chief of Police or
his designee.
The City agrees to continue the 3/12 Plan for Group 2 employees assigned to patrol, with the
exception of specific assignments. The VPOBA agrees that the City may, at its sole discretion
and at any time, terminate the 3/12 Plan. The VPOBA agrees that the termination of the 3/12
Plan is not subject to the grievance procedure or any other administrative review and that the
3/12 Plan is not and shall not become a vested right in any manner, and that a decision to
terminate such 3/12 Plan is subject to the meet and confer process.
Section 3: Shift and Code Seven Policv:
Patrol personnel shall work a twelve- and -one-half (12%z) hour shift. The first one-half hour
shall be used for briefing and training purposes. Lunch time (Code 7) shall be part of the shift
and is compensable.
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Section 4: Ser¢eants
Patrol sergeants are entitled to eight (8) months of weekends off per year (including Saturday,
Sunday and Monday). In the event there is a need to adjust a Patrol Sergeant's work schedule
due to staffing issues, no such modification will be conducted without first notifying the affected
Sergeant a minimum of 10 days prior to the schedule adjustment. There may be an exception to
the minimum schedule change notice if the affected Sergeant is an agreement to an immediate
change in his/her work schedule.
Section 5: Shift Trades
The practice of shift trading shall be voluntary on behalf of each employee involved in the trade.
A shift trade must be pre -approved by a supervisor. The trade must be due to the employee's
desire or need to attend to a personal matter and not due to the department's operations. The
employee providing the trade shall not have his/her compensable hours increased as a result of
the trade; nor shall the employee receiving the trade have his/her compensable hours decreased
as a result of the trade.
If one individual fails to appear for the other (regardless of the reason), the person who was
scheduled as a result of the shift trade will be listed as absent without leave and may be subject
to discipline
Any premium pay or other extra compensation shall continue to accrue only to the person
originally entitled to the premium pay or extra compensation. Any hours worked beyond the
normal work day will be credited to the individual actually doing the work. "Paybacks" of shift
trade are the obligation of the two employees involved in the trade. "Paybacks" are to be
completed within one (1) calendar year of the date of the initial shift trade.
Any dispute as to the "paybacks" is to be resolved by the, involved employees, and under no
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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 provided by the Department.
Section 6: Earlv 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.
Section 7• Staffin¢
The City agrees, at the minimum, to meet and discuss any newly budgeted sworn position to
determine special assignment pay, as appropriate.
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ARTICLE NINE
GRIEVANCE PROCEDURE
Vernon has adopted a grievance procedure applicable to all Police Officers and Sergeants
containing the following principles:
A grievance will be defined as a dispute between the City and an employee or employees
adversely affected thereby over interpretation or application of any provision of this
Memorandum of Understanding or policy."Days" as used herein shall be those days that
the City Hall of the City of Vernon is open part or all of the day. "Immediate Supervisor"
is the lowest level management or supervisory person having immediate jurisdiction over
the grievant.
Step 1
The aggrieved employee shall present 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 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.
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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
DISCIPLINE PROCEDURE
A committee composed of representatives of the City, the Police Administration and the Police
Officers' Benefit Association is currently working on modifications to the Current Disciplinary
Procedure described below. The charge of this committee is to reach consensus agreement for a
committee recommendation that will be presented to the City and Association. If both the City
and the Association agree with the committee's recommendations, those recommendations will
be adopted by the City and the Police Department within 30 days after written approval by both
parties and will replace the Current Discipline Procedure described below.
Current Disciplinary Procedure
The parties hereby recognize that the City Council of the City of Vernon, in Resolution No.
6811, Section 1, at p. 6, have declared, and have so stated in all salary resolutions, their intention
to reserve unto the City Council, complete and exclusive discretion to determine matters relating
to discharge, suspension or other matters of discipline of all employees in conformance with its
long standing view and policy that all employees of the City of Vernon serve at the will and
pleasure of the City Council. The parties also recognize that all employees of the City of Vernon
are at -will employees and that the issue of property rights is not subject to negotiation or the
meet and confer process established by Resolution No. 4027.
However, the parties recognize that the Public Safety Officers Procedural Bill of Rights Act (the
"Act") (Government Code Section 3300, et. seg.) provides for the administrative appeal of
certain types of disciplinary actions. The procedural details for implementing the provisions of
such administrative appeal shall be as follows:
Step 1
Any police officer who wishes to proceed with an administrative appeal after a decision by the
City Council regarding a disciplinary action must make a written request for the administrative
appeal. The written request must identify each of the issues which said officer intends to address
during the administrative appeal and must be personally delivered to the office of the City
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Administrator of the City of Vernon within ten (10) working days after receiving written notice
of the City Council's decision imposing the subject discipline. The parties agree that if such
written request is not submitted to the City Administrator's office in a timely manner, said police
officer shall have waived his or her right to proceed with the administrative appeal.
Step 2
After receipt of the written request for the administrative appeal, the City Administrator shall,
within forty (40) days, schedule the administrative appeal for a closed session at a scheduled City
Council meeting. The police officer shall have the right to have the matter proceed in open
session, but must make the City, Council aware of this choice before the appeal begins. The City
Administrator shall provide the police officer with at least ten (10) days notice of the scheduled
City Council meeting when the administrative appeal will be heard.
Step 3
The City Council shall conduct the administrative appeal, and shall consider and receive such
evidence as it deems appropriate.
Step 4
Said police officer shall not have the right to subpoena witnesses or cross-examine any
witnesses, but shall be permitted to submit written documents and oral testimony.
Step $
The City Council's decision will be provided in a written format which will be given to the
police officer after the decision is made. The decision of the City Council shall be final and shall
be binding on the parties.
The parties agree that the administrative appeal provided for under this article shall not create a
vested property right in said police officer's job in any manner whatsoever, or in any manner
obviate the terms and conditions of such police officer's individual employment contract with
the City. The parties further agree that nothing contained in this Memorandum of Understanding
("MOU") is intended to either expressly, or by implication, supersede the presumption of at -will
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employment created by Labor Code Section 2922. The parties further agree that nothing in this
article, or in any other portion of the MOU, provides the police officer with any property rights,
and that the police officer waives his or her right to assert or enjoy any such property right.
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ARTICLE ELEVEN
MANAGEMENT RIGHTS
The City retains all its exclusive rights and authority under State and Federal law and expressly
and exclusively retains its management rights, which include, but are not limited to:
A. The exclusive right to determine 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 because of
lack of work or other lawful reasons.
G. Maintain the efficiency of governmental operations.
H. Determine the methods, means and numbers and kinds of personnel by which
government operations are to be conducted.
I. Determine the content and intent of the job classifications.
J. Determine methods of financing.
K. Determine style and/or types of city -issued wearing apparel, equipment or
technology to be used.
L. Determine and/or change the facilities, methods, technology, means,
organizational structure and size and composition of the work force and allocate
and assign work by which the City operations are to be conducted.
M. Determine and change the number of locations, relocations and type of operations
processes and materials to be used in carrying out all city functions, including, but
not limited to, the right to contract for or subcontract any work or operations of
the City.
N. Assign work to and schedule employees in accordance with requirements as
determined by the City and to establish and change work schedules and
assignments upon reasonable notice.
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O. Establish and modify productivity and performance programs and standards.
P. Discharge, suspend, demote, reprimand, withhold salary increases and benefits, or
otherwise discipline employees in accordance with applicable state law.
Q. Establish employee performance standards including, but not limited to, quality
and quantity standards, and to require compliance therewith.
R. Take all necessary actions to cavy out its mission in emergencies.
S. Exercise complete control and discretion over its organization and the technology
of performing its work.
The exercise of such rights shall not preclude employees or their representatives from meeting
and conferring or meeting and consulting, as required by law, with management representatives.
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SIGNATURE PAGE
CITY OF VERNON
Mark tworth
City dministrator / "MERR"
t;iry t;ierK
Dated: b1 I -f6 y
IE
VERNON POLICE OFFICERS'
BENEFIT ASSOCIATION
_ .,.J
r
Gaytan
_P esident
Ignacio Estrada
Vice President
Dated: `--- /' g 1 1 z
STAFF REPORT
CITY ADMINISTRATION
DATE: June 18, 2012
TO: Honorable Mayor and City Council
M WJKd
FROM: Mark C. Whitworth, City Administrator
RECEIVED
JUN 19 2012
CITY CLERK'S OFFICE
RE: Vernon Police Officers' Benefit Association Memorandum of Understanding
Backeround
Enclosed is the proposed Memorandum of Understanding (MOU) between the City of Vernon
and the Vernon Police Officers' Benefit Association (VPOBA) 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 VPOBA 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 Police
Officers' Benefit Association, covering the period of July 1, 2012 through June 30, 2014, be
approved.