Resolution No. 2014-026RESOLUTION NO.`2014-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING THE MEMORANDUM OF UNDERSTANDING BY
AND BETWEEN THE CITY OF VERNON AND THE VERNON
POLICE MANAGEMENT ASSOCIATION FOR THE PERIOD OF
JULY 1, 2014 THROUGH JUNE 30,;:2016
WHEREAS, the Vernon Police Management Association ("VPMA") has
been recognized as an employee organization and has met and conferred
with the Municipal Employee Relations Representative of the City of
Vernon (the "MERR"); and
WHEREAS, the members of the VPMA and the City of Vernon have
executed a Memorandum of Understanding ("MOU") setting forth certain
terms and conditions for employment of police management by the City of
Vernon, for the period of July.l, 2014 through June 30, 2016; and
WHEREAS, the City Council desires to approve the MOU.
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 hereby
finds and determines that the above recitals are true and correct.
SECTION 2: The City Council of the City of Vernon finds
that this action is exempt under the California Environmental Quality
Act (CEQA), in accordance with Section 15061(b)(3), the general rule
that CEQA only applies to projects that may have an effect on the
environment.
i
SECTION 3: The City Council of the City of Vernon hereby
approves the Memorandum of Understanding between the City of Vernon and
the Vernon Police Management Association, in substantially the same form
as the copy which is attached hereto as Exhibit A.
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, including but not limited to, any
nonsubstantive changes to the MOU attached herein.
SECTION 5: The City Council of the City of Vernon hereby
directs the City Clerk, or the City Clerk's designee, to send a fully
executed MOU to Jerry Winegar, VPMA President.
SECTION 6: The City Clerk, or Deputy City Clerk, of the
City of Vernon shall certify to the passage, approval and adoption of
this resolution, and the City Clerk, or Deputy City Clerk, of the City
of Vernon shall cause this resolution and the City Clerk's, or Deputy
City Clerk's, certification to be entered in the File of Resolutions of
the Council of this City.
APPROVED AND ADOPTED this 3rd,day of June, 2014. I
Name: W• Michael McCormick
Title: Mayor /
ATTEST:
!Larcia
,C--i��'. / Deputy City Clerk
APPROVED AS TO FORM:
Zayna &Mossa,Deputy City Attorney
- 2 -
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I Ana Barcia sty CZe�—_Deputy City Clerk of the City
of Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 2014-26, 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 3, 2014, and thereafter was duly
signed by the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this S day of June, 2014, at Vernon, California.
(SEAL)
- 3 -
n a cia
e' C / Deputy City Clerk
EXHIBIT A
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
AND
VERNON POLICE MANAGEMENT ASSOCIATION
July 1, 2014 through June 30, 2016
TABLE OF CONTENTS
MEMORANDUM OF UNDERSTANDING
Parties to the Memorandum of Understanding......................................................4
ARTICLE ONE: FUNDAMENTALS
Section1:
Recognition..........................................................................
5
Section 2:
No Discrimination..................................................................
5
Section 3:
Mutual Cooperation.................................................................
5
Section 4:
No Strikes or Lockouts.............................................................
5
Section 5:
City / VPMA Meetings............................................................
5
Section 6:
Association Business...............................................................
5
ARTICLE TWO: LEGAL LIMITATIONS, SAVINGS CLAUSE& TERM
Section 1:
Legal Limitations and Savings Clause ...........................................
6
Section2:
Term........................................:.........................................
6
Section 3:
Maintenance of Existing Conditions...............................................6
Section 4:
Modification and Waiver............................................................7
Section 5:
Severability ............................................................................7
ARTICLE THREE: SALARIES
Section 1:
Lieutenants.............................................................................
8
Section2:
Captains................................................................................8
Section3:
Merit Steps.............................................................................8
Section 4:
Salary Adjustment Increase.........................................................
9
Section5:
Bilingual Pay.........................................................................
9
Section 6:
"P.O.S.T." Certificate Incentive ....................................................
9
Section7:
Shooting Pay.........................................................................10
1
ARTICLE FOUR: LONGEVITY
Section 1: Employees Hired Before July 1, 1995........................................... 11
Section 2: Employees Hired On or After July 1, 1995..................................... 11
ARTICLE FIVE: OVERTIME
Section 1:
Overtime Authorization............................................................
12
Section2:
FLSA Overtime.....................................................................
12
Section3:
Comp Time..........................................................................
12
Section 4:
Leave Time Inclusion..............................................................
12
Section 5:
Training and Recertification......................................................
13
Section 6:
Court Attendance and "Stand By" Time ........................................
13
Section7:
Call Backs ............................................................................
14
Section8:
Jury Duty............................................................................
15
Section 9:
Non-Compensable..................................................................
15
ARTICLE SIX: UNIFORMS, ALLOWANCE AND SAFETY EQUIPMENT
Section 1:
Uniform Allowance.................................................................
16
Section 2:
Summer Uniforms...................................................................16
Section 3:
Safety Equipment....................................................................16
ARTICLE SEVEN: BENEFITS
Section 1: Public Employees Retirement System............................................17
Section 2: Supplemental PERS Benefits...................................................... 17
Section 3: Medical, Dental, Vision and Life Insurance.....................................17
Section 4: Retirees Medical..................................................................... 18
Section 5:
Vacation Time.......................................................................
19
Section 6:
"In Lieu" Holiday Time............................................................
19
Section 7:
Sick Leave............................................................................20
Section V
Bereavement Leave.................................................................
20
Section 9:
Deferred Comp.......................................................................21
Section 10:
Other City Employee Programs ...................................................
21
ARTICLE EIGHT: WORK SCHEDULE AND ABSENCES
Section 1: Provisions............................................................................ 22
Section 2: Work Schedule 3/12 Plan .......................................................... 22
Section 3: Shift and 7 Code Policy............................................................ 22
Section4: Shift Trades.......................................................................... 22
ARTICLE NINE: GRIEVANCE PROCEDURE
Grievance Procedure Steps.......................................................................... 24
ARTICLE TEN: DISCIPLINE PROCEDURE
Discipline Procedure Steps.......................................................................... 26
ARTICLE ELEVEN: MANAGEMENT RIGHTS
Section 1: Exclusive Rights & Authority..................................................... 28
Section 2: Grievance on Impacts................................................................29
SIGNATURE PAGE
Signatures............................................................................................... 30
3
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
AND
VERNON POLICE MANAGEMENT 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 Management Association (hereinafter
"VPMA") and except as otherwise specifically provided herein shall apply only to those defined
in the aforesaid Resolution as Lieutenants and Captains.
This MOU constitutes a joint agreement by the Municipal Employee Relations Representative
("MERR") and the VPMA, 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 VPMA 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 terns agreed upon by this MOU shall take effect on July 1, 2014 and shall
expire at midnight on June 30, 2016.
IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN STATED, the VPMA
and the City of Vernon agree as follows:
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ARTICLE ONE
FUNDAMENTALS
Section 1: Recognition
The City of Vernon recognizes the Vernon Police Management Association ("VPMA") as the
certified majority representative of management, comprised of Lieutenants and Captains, 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 VPMA 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 VPMA.
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 Strikes or Lockouts
During the life of this agreement no work stoppages, strikes, slowdowns, or picketing shall be
caused or sanctioned by the VPMA, and no lockouts shall be made by the City.
Section 5: Citv/VPMA Meetings
Representatives from the VPMA and the City shall meet as needed to discuss issues of mutual
concern.
Section 6: Association Business
The City shall grant release time of 20 hours per fiscal year for the Association President or
designee. In no case will Association Leave Time be used for political action purposes or if it
will cause overtime unless it is authorized in writing by the Police Chief or his designee.
5
Wr-Ina11wiT1]
LEGAL LIMITATIONS, SAVINGS CLAUSE, AND TERM
Section 1: Legal Limitations and Savings Clause
It is understood and agreed that this Memorandum of Understanding (including, but not limited
to, the provisions of the Fair Labor Standards Act) and any and all Resolutions or Ordinances
adopted in implementation thereof are and shall be subject to all present and future applicable
federal and state laws and regulations and shall be effective and implemented only to the extent
permitted by such laws and regulations.
If any part of this Memorandum of Understanding or of any Resolution or Ordinance adopted in
implementation thereof is in conflict or inconsistent with any such applicable provisions of
federal and state laws or regulations or otherwise held to be invalid or unenforceable by any
tribunal of competent jurisdiction, such part or provision shall be suspended and superseded, and
such applicable laws and regulations and the remainder of this Memorandum of Understanding
shall not be affected thereby and shall remain in full force and effect.
Section 2: Term
(a) Except as otherwise provided herein, this Memorandum of Understanding shall be in full
force and effect from July 1, 2014, and shall remain in full force and effect up to and
including midnight, the 30th day of June 2016, or until the next Memorandum of
Understanding becomes effective.
(b) This Memorandum of Understanding shall be binding on the City and the Association
when approved and adopted by the City Council.
Except as otherwise provided in Article III, Section 1, herein, the City and the Association
agree to submit proposals for any changes related to wages, benefits and/or other terms of
and conditions of employment affecting this Memorandum of Understanding between February
1, 2016 and March 1, 2016.
Section 3: Maintenance of Existing Conditions
Any employment policy, practices and/or benefits, including the alternative workweek schedule
and overtime compensation are incorporated into this Memorandum of Understanding,
unless otherwise stated herein. In the event of a conflict between the Memorandum of
Understanding and an existing policy and/or practice, this Memorandum of
Understanding shall govern.
Section 4. Modification and Waiver
The City reserves the right to add to, delete from, amend or modify the Administrative rules, the
City Municipal Code, and the City's Personnel Policies and Procedures Manual during the term
of the Memorandum of Understanding, subject to the requirements of the Meyers-Milias-Brown
Act and the Police Officers Bill of Rights.
Section 5. Severability.
In the event that a court finds any provision(s) of this Memorandum of Understanding to be
invalid or unenforceable, the parties intend that the remaining provisions remain in effect. The
parties further agree to meet and confer for purposes of negotiating an alternative to any
provision declared invalid or unenforceable.
bl
ARTICLE THREE
SALARIES
Section 1: Lieutenant
Effective January 1, 2015 the base monthly salary of a Lieutenant shall be increased by 1.5% as
follows:
Step 1
$10,011
Step 2
$10,511
Step 3
$11,037
Step 4
$11,588
Step 5
$12,168
Effective July 1, 2015, the base monthly salary of a Lieutenant shall be increased by 1.5% as
follows:
Step 1
$10,161
Step 2
$10,669
Step 3
$11,203
Step 4
$11,762
Step 5
$12,351
Section 2: Captain
Effective January 1, 2015, the base monthly salary of a Captain shall be increased by 1.5% as
follows:
Step 1
$11,588
Step 2
$12,168
Step 3
$12,776
Step 4
$13,415
Step 5
$14,086
Effective July 1, 2015, the base monthly salary of a Captain shall be increased by 1.5% as
follows:
Step 1
$11,762
Step 2
$12,351
Step 3
$12,968
Step 4
$13,616
Step 5
$14,297
Section 3: Merit Steps
Promotions or salary increases to higher pay grades are merit steps only, and shall be available to
employees as recognition and reward for satisfactory services after one (1) year at present grade
for Lieutenants and after one (1) year at present grade for Captains. Effective June 1, 2015
0
through May 31, 2016, employees who in the discretion of the Police Chief and in accordance
with the City's Performance Evaluation Policy, have attained one year of satisfactory service as
of their classification anniversary date will be eligible to receive a 5% merit increase. However,
future merit increases to any said step shall remain at the sole discretion of the City Council.
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 with the approval of the City Administrator may incorporate a
service adjustment increase up to ten percent (10%) per month of their base salary.
Section 5: Bilingual Pav
A VPMA 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 a foreign language proficiency test designated by the Human Resources
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 6: Peace Officers Standards and Training ("P.O.S.T.") Certificate Incentive
VPMA employees 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
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; or
Payment of the above -referenced incentive compensation shall not be cumulative; only the
highest applicable incentive pay level shall apply.
• Effective June 1, 2014 VPMA employees shall be entitled to a 7.5% of the employee's
base monthly salary, excluding all other compensation, for a P.O.S.T. Management
Certificate.
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
0
Should employees represented by the Vernon Police Officers Benefit Association (VPOBA)
receive across -the board enhancements to the existing P.O.S.T. Certificate Pay between July 1,
2014 and June 30, 2016, a like increase will be provided to employees represented by the Police
Officers Management Association.
Section 7: Shootin2 Pav
It is recognized by the City of Vernon and the VPMA 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
Sharpshooter
Expert
Distinguished Expert
3.00
Per Month
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.
10
ARTICLE FOUR
McWl!''/_M_M'1
Section 1: Employees Hired Before July 1, 1995
Effective August 31, 1986, the City established a four -step Longevity program for all employees.
Said Longevity program is as follows:
• All eligible employees who have five years of service on or before August 31, 1986, shall
receive an additional five percent (5%) per month of their base salary effective August
31, 1986, and every year thereafter until reaching the next Longevity level. Employees
upon reaching their 5th anniversary date after August 31; 1986, shall be entitled to said
five percent (5%) per month upon said anniversary date.
• All eligible employees who have ten (10) years of service on or before July 1, 1987, shall
receive an additional ten percent (10%) per month of their base salary effective July 1,
1987, and every year thereafter until reaching the next Longevity level. Employees upon
reaching their loth anniversary date after July 1, 1987, shall be entitled to said ten
percent (10%) per month upon said anniversary date. Said ten percent (10%) is in place
of the five percent (5%) referenced in paragraph 1 above and not cumulative therewith.
• All eligible employees who have fifteen (15) years of service on or before July 1, 1988,
shall receive an additional fifteen percent (15%) per month of their base salary effective
July 1, 1988, and every year thereafter until reaching the next Longevity level.
Employees .upon reaching their 15th anniversary date after July 1, 1988, shall be entitled
to said fifteen percent (15%) per month upon said date. Said fifteen percent (15%) is in
place of each of the amounts referenced in paragraphs 1 and 2 above and not cumulative
therewith.
• All eligible employees who have twenty (20) years of service on or before July 1, 1989,
shall receive an additional twenty percent (20%) per month of their base salary effective
July 1, 1989, and every year thereafter. Employees upon reaching their 20th anniversary
date after July 1, 1989 shall be entitled to said twenty percent (20%) per month upon said
anniversary date. Said twenty percent (20%) is in place of each of the amounts
referenced in paragraphs 1, 2 and 3 above and not cumulative therewith.
Section 2: Employees Hired on or after July 1, 1995 and on or before December 31,
2013
All employees in the VPMA 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 the Chief of Police 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.
Section 2: F.L.S.A. Overtime
Employees in the classification of Police Captain are exempt from overtime in accordance with
the Fair Labor Standards Act (FLSA) executive exemption. Police Lieutenants 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
Police Lieutenants 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.
VPMA 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."
The City and the VPMA agree to continue negotiations regarding overtime wages of the
Lieutenants after the MOU is ratified and signed by both parties and upon completion of the
Classification and Compensation Study. The parties agree to meet and confer regarding
compensable wages of VPMA Captains and Lieutenants no later than December 31, 2013.
Section 4: Leave Inclusions
In determining an employee's eligibility for overtime compensation in a work period, paid
12
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. Administrative Leave
4. Compensatory Leave
5. Workers' Compensation Leave (4850 time)
6. Jury Duty
7. Bereavement Leave
8. Military Leave
Section 5: Training and Recertification Time
Training time that is required is compensable
Recertification time that is directly related to an employee's job will be compensable if
completed during assigned work hours.
Section 6: Court Attendance and "Stand By" Time
Court Appearances
VPMA employees 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, VPMA 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).
13
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.
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.
Should employees represented by the Vernon Police Officers Benefit Association (VPOBA)
amend their MOU contract language regarding Court -Time Pay and Stand-by Pay between July
1, 2014 and June 30, 2016, the City and the VPMA agree to amend the VPMA MOU to
incorporate such changes.
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.
[Ell
If the employee is ordered to return to work immediately, his work time shall be credited
commencing immediately after the employee has been directly contacted by the employer.
Section 8: Jury Duty
I. Policy
A. Employees shall be granted up to two weeks paid leave of absence in order to
perform jury duty, provided that the employee provides notification to the City for
such jury duty and provides proper verification of hours spent on jury duty.
VPMA employees will be required to return to work, if regularly scheduled to
work, as soon as they are released from their jury duty.
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. VPMA employees shall retain any Jury Duty Mileage Pay.
Section 9: Non-Comnensable
A. City Vehicle Use—VPMA 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 —Time spent in changing clothes before or after
shift, or during lunch, is not considered hours worked and is not compensatle in any
manner whatsoever.
15
ARTICLE SIX
UNIFORMS, ALLOWANCE AND SAFETY EQUIPMENT
Section 1: Uniform Allowance
The City will pay each VPMA employee 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 eamable.
Section 2: Summer Uniforms
VPMA employees who are assigned to patrol will be allowed to utilize summer uniforms (blue
shirt/blue shorts) on any day at the discretion of the Chief of Police. The Chief of Police shall
establish authorization or notification procedures, as well as summer uniform requirements.
Section 3: Safety Equipment
The City shall, every three (3) years, pay one half of the cost of the member's individual body
armor if the member presents to the City a receipt for body armor that meets Departmental
specifications. If the City provides individual body armor to an employee, and the employee
accepts such body annor, then the three (3) year time period shall begin upon acceptance of the
body armor by the employee.
VPMA 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.
1
ARTICLE SEVEN
BENEFITS
Section 1: Public Employee Retirement System (11PERS11)
The City shall maintain its contract with the California Employees Public Retirement System
(PERS) that provides VPMA employees with three percent (3%) at 50 PERS retirement benefit
plan.
As a result of the recent passage of AB 340 Public Employee Pension Reform (PEPRA), new
Ca1PERS members hired on or after January 1, 2013 who meet the definition of new member
under PEPRA, shall be provided .a 2.7% at 57 PERS retirement benefit plan.
VPMA employees shall be responsible for paying their PERS nine percent (9%) employee's
contributions.
Section 2: Supplemental PERS Retirement Benefits
The City agrees to provide additional supplemental retirement benefits to VPMA employees
under PERS as follows:
• Gov't Code Section: 20042 — One Year Final Compensation:
New employees hired on or after January 1, 2013 who meet the definition of new
member under PEPRA shall receive 3 Year Final Compensation.
• Gov't Code Section: 21024 - Military Service Credit as Public Service:
• Gov't Code Section: 21571 —Basic Level of 1959 Survivor Benefits:
• Gov't Code Section: 21624 & 21626 & 21628 - Post Retirement Survivor Allowance:
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 VPMA 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 VPMA employees enrolled in the PPO plan, the City shall pay monthly 100% of
17
the cost of the plan for employees and eligible dependents, not to exceed $850 per
month. In addition, for each employee enrolled in the High 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 VPMA
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 reimbursement 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 $20,000 life insurance premium plan to employees. The
City shall pay 100% of the cost of such plan for employees.
The City's agreement to pay full or partial costs of said premiums shall not create or ripen into a
vested right for said employee; however, the City shall be obligated to pay the cost or provide
said medical, dental, vision, and life insurance benefits as described so long as this MOU
remains in effect.
Should employees represented by the Vernon Police Officers Benefit Association (VPOBA)
amend their MOU contract language regarding medical, dental, vision or life insurance benefits
between July 1, 2014 and June 30, 2016, the City and the VPMA agree to amend the VPMA
MOU to incorporate such changes.
Section 4: Retiree's Medical
Employees must retire from the City of Vernon under a CalPERS Benefit Formula (i.e. Age 50
or 57 Formula) to be eligible for Retiree Medical/Dental Benefits.
The City shall pay up to $1,100 per month towards the employee's option of the City's medical
and dental insurance programs for the employee and his/her eligible spouse in the classifications
represented by the Vernon Police Management Association who have been employed as sworn
Peace Officers for a minimum of twenty (20) years and a minimum of 10 years of that service
has been in the employment of the City of Vernon. The maximum $1,100 City contribution shall
be applied only toward a city provided medical and dental premium plan payment and shall have
no cash surrender value.
The City's contribution toward the Retiree Medical/Dental Benefit Plan shall continue for said
retired employee and eligible spouse up to the age of sixty-five (65). Upon reaching the age of
18
sixty-five (65), the retiree and/or eligible spouse shall apply for Medicare coverage, whereupon
the City's insurance shall become supplemental coverage. The City shall pay up to 100% of the
cost to provide any Medicare supplemental medical and dental insurance plan offered by the City
of Vernon, not to exceed $1,100 per month. The City will not be the primary insurance carrier
once the retiree and/or employee reaches the age of sixty-five (65). If the retiree or eligible
spouse fails to timely obtain and maintain Medicare coverage, the City shall not be required to
provide any medical/dental benefits until such Medicare coverage is obtained and maintained.
The maximum $1,100 City contribution shall be applied only towards a City sponsored Medicare
supplemental medical and dental premium plan payment and shall have no cash surrender value.
All retired employees with a minimum of ten (10) years of continuous uninterrupted service with
the City may pay the City's premium cost for medical and dental insurance up to the age of
sixty-five (65) after which time Medicare will become the primary insurance carrier. The retired
employee may remain on the City's supplemental insurance to Medicare at his/her cost provided
the retiree has timely obtained and maintains Medicare coverage.
Should the retired employee fail to pay his/her required cost of the insurance premium for the
City's medical/dental benefit plan for any three (3) consecutive months or, should the coverage
otherwise lapse for any reason other than City's non-payment, then the City's obligation to
maintain the retiree's medical/dental benefit plan shall automatically terminate without the need
for further notice.
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
VPMA 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
calendar year, and shall be compensated for if not utilized during said period,
Section 6: L°In Lieu" Holidays
VPMA employees shall receive one hundred and ten (I 10) "in lieu" holiday hours per calendar
year). "In lieu" holidays will be credited to each employee on each July 1 in which he/she is on
the active payroll, including those on "Light Duty", of the Department in a classification
represented by the VPMA and must be taken prior to the immediately following July 1.
19
"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 calendar year for which such "in lieu" holidays were
granted. In that case only, the employee shall be paid for said "in lieu" holidays not taken with
his/her first possible payroll check on or after July 1 of the calendar 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,
VPMA employees shall receive the same number of any additional holidays. Any additional "in
lieu" holiday time received by VPMA employees will be for a maximum of ten (10) hours per
day received.
Section 7: Sick Leave
VPMA employees only receive sick leave accrual while they are in a paid status. Employees
shall accrue sick time at a rate of 3.08 hours per pay period (80 hour annually), with a maximum
cap of 960 hours. Upon reaching the cap, employees will continue to accrue sick leave provided;
however, in the final pay period in December each year all accrued sick leave in excess of 960
hours shall be cashed in at fifty percent (50%) of the employee's regular rate of pay.
If a VPMA 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.
VPMA 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 VPMA 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,
Fill
mother, brother, sister, spouse, children, mother-in-law, father-in-law, grandmother, grandfather,
grandchildren, grandmother -in-law, grandfather -in-law or registered domestic partners), 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"
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: Deferred Compensation
VPMA employees are eligible to participate in the City's Deferred Compensation Program.
Section 10: Other City Employee Programs
VPMA 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
• Supplemental Life insurance
• Corrective eye surgery plan
• Hearing aid device plan
• Tuition reimbursement plan
• Family Medical Leave Act (FMLA)
21
ARTICLE EIGHT
WORK SCHEDULE AND ABSENCES
Section 1: Provisions
The Vernon Chief of Police at his sole discretion shall establish the work schedule.
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, VPMA employees
assigned to patrol will work three (3), twelve and one half hour (12'h) 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 VPMA employees assigned to patrol, with the
exception of specific assignments. The VPMA agrees that the City may, at its sole discretion and
at any time, terminate the 3/12 Plan. The VPMA agrees that the termination of the 3/12 Plan is
not subject to the grievance procedure or any other administrative review and that the 3/12 Plan
is not and shall not become a vested right in any manner, and that a decision to terminate such
3/12 Plan is subject to the meet and confer process.
Section 3: Shift and Code Seven Policy:
Patrol personnel shall work a twelve- and -one-half (12'/2) hour shift. The first one-half hour
shall be used for briefing and training purposes. Lunch time (Code 7) shall be part of the shift
and is compensable.
Section 4: Shift Trades
The practice of shift trading shall be voluntary on behalf of each employee involved in the trade.
A shift trade must be pre -approved by a supervisor. The trade must be due to the employee's
desire or need to attend to a personal matter and not due to the department's operations. The
employee providing the trade shall not have his/her compensable hours increased as a result of
the trade; nor shall the employee receiving the trade have his/her compensable hours decreased
as a result of the trade.
If one individual fails to appear for the other (regardless of the reason), the person who was
scheduled as a result of the shift trade will be listed as absent without leave and may be subject
to discipline.
22
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
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.
23
ARTICLE NINE
GRIEVANCE PROCEDURE
Vernon has adopted a grievance procedure applicable to all Lieutenants and the Captain
containing the following principles:
A grievance will be defined as a dispute between the City and an employee or employees
adversely affected thereby over interpretation or application of any provision of this
Memorandum of Understanding or policy. "Days" as used herein shall be those days that
the City Hall of the City of Vernon is open part or all of the day. "Immediate
Supervisor" is the lowest level management or supervisory person having immediate
jurisdiction over the grievant.
Step 1
The aggrieved employee shall present orally or in writing his grievances to his immediate
supervisor within ten (10) working days of the occurrence of the action giving rise to the
grievance. Discussions will be informal for the purpose of settling differences in the simplest and
most direct manner. The immediate supervisor shall reach a decision and communicate it orally
or in writing to the aggrieved employee and the Municipal Employee Relations Representative
(MERR) within five (5) working days from the date the grievance was presented to him.
Step 2
If the grievance is not settled at the first step to the satisfaction of all parties, either the MERR or
the aggrieved employee within ten (10) working days of the answer in the first step, shall reduce
the grievance to writing, sign it and present it to the Department Head or his designee. The
Department Head or his designee shall obtain the facts concerning the alleged grievance and
shall within five (5) working days of receipt of the written grievance conduct a meeting between
himself, his representative if needed, the aggrieved employee, and the employee's representative.
The Department Head or his designee shall notify the aggrieved employee and the MERR of his
decision not later than five (5) working days following the meeting date.
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
24
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 be the final step in the Grievance Procedure and will be provided in
a written format that will be given to the grievant after the decision is made.
Should employees represented by the Vernon Police Officers Benefit Association (VPOBA)
amend their MOU contract language regarding Grievance Procedures between July 1, 2014 and
June 30, 2016, the City and the VPMA agree to amend the VPMA MOU to incorporate such
changes.
25
ARTICLE TEN
DISCIPLINE PROCEDURE
Disciplinary Procedure
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 VPMA employee who wishes to proceed with an administrative appeal after a decision by
the City Administrator regarding a disciplinary action must make a written request for an
administrative appeal. The written request must identify each of the issues which said employee
intends to address during the administrative appeal and must be personally delivered to the office
of the City Administrator of the City of Vernon within ten (10) working days after receiving
written notice of the City Council's decision imposing the subject discipline. The parties agree
that if such written request is not submitted to the City Administrator's office in a timely manner,
said employee shall have waived his or her right to proceed with the administrative appeal.
SteD 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 VPMA employee 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 VPMA employee 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 VPMA employee shall not have the right to subpoena witnesses or cross-examine any
witnesses, but shall be permitted to submit written documents and oral testimony.
Step 5
The City Council's decision will be provided in a written format which will be given to the
VPMA employee after the decision is made. The decision of the City Council shall be final and
shall be binding on the parties.
26
Should employees represented by the Vernon Police Officers Benefit Association (VPOBA)
amend their MOU contract language regarding Discipline Procedures between July 1, 2014 and
June 30, 2016, the City and the VPMA agree to amend the VPMA MOU to incorporate such
changes.
27
ARTICLE ELEVEN
MANAGEMENT RIGHTS
Section 1. Exclusive Rights and Authority.
In order to ensure that the City is able to carry out its functions and responsibilities imposed by
law, the City has and will retain the exclusive right to manage and direct the performance of City
services and the work force performing such services, subject to certain limitations contained
elsewhere in this Memorandum of Understanding. Therefore, the following matters shall not be
subject to the meet and confer process, but shall be within the exclusive authority of the City.
The consideration of the merits, necessity, or organization of any service activity conducted by
the City shall include, but not be limited to the City's right to:
A. Determine issues of public policy
B. The exclusive right to determine the mission of its constituent departments,
commissions, and boards.
B. Set standards and levels of service and to expand or diminish services
C. Determine policies, procedures and standards for selection, training and
promotion of employees..
D. Direct its employees.
E. Establish and enforce employee 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 and, to develop new 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.
O. Establish and modify productivity and performance programs and standards.
P. Discharge, suspend, demote, reprimand, withhold salary increases and benefits, or
28
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 Association recognizes that the City has and will continue to retain, whether exercised or
not, the unilateral and exclusive right to operate, administer and manage its municipal services
and work force performing those services in all respects, subject to this Memorandum of
Understanding.
Section 2. Grievance on Impacts.
The exclusive decision -making authority of the City Council on matters involving City rights and
authority shall not be in any way, directly or indirectly, subject to the grievance procedure set
forth in this Memorandum of Understanding. The employee may only grieve the impact of the
exercise of exclusive City rights and authority that directly relate to matters within the scope of
representation.
The City shall not be required to meet and confer in good faith on any subject preempted by
federal or state law. The City shall meet and confer in good faith with the Association on all
matters related to the salaries, fringe benefits and other terms and conditions of employment in
accordance with the Meyers-Milias-Brown Act and/or Police Officers Bill of Rights.
29
Administrator / "MERR"
Teresa McAllister
Director of Human Resources
isten Enomoto
Deputy City Administrator
Alex Kung
Economic Development Manager
Zayn ouusa
Deputy City Attorney
SIGNATURE PAGE
Roberto Sousa
Treasurer
4TION
APPROVED AND ADOPTED BY THE CITY COUNCIL ON , PER
RESOLUTION NO.
Attest:
Ana Barcia
Deputy City Clerk
Dated:
30
TRANSMITTAL COMMUNICATION
OFFICE OF THE CITY CLERK
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
June 9, 2014
Vernon Police Management Association
Attn: Jerry Winegar, President
4305 Santa Fe Avenue
Vernon, CA 90058
Re: Vernon Police Management Association Memorandum of Understanding for the Period of
July 1, 2014 — June 30, 2016
Dear Mr. Winegar:
Please fine enclosed a copy of the fully executed original of the Memorandum of Understanding
approved by City Council on June 3, 2014, through Resolution No. 2014-26.
If you have any questions regarding this matter, please call Mark Whitworth, at (323) 583-8811
ext. 398.
Very truly yours,
Deborah R. Juarez
Records Management Assistant
Enclosure
c: Daniel Calleros
William Fox
Teresa McAllister
Mark Whitworth
Resolution No. 2014-26
Agreement No. 14-037
Exclusively Industrial
FULLY EXECUTED AGREEMENT
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
AND
VERNON POLICE MANAGEMENT ASSOCIATION
July 1, 2014 through June 30, 2016
TABLE OF CONTENTS
MEMORANDUM OF UNDERSTANDING
Parties to the Memorandum of Understanding......................................................4
ARTICLE ONE: FUNDAMENTALS
Section1:
Recognition..........................................................................
5
Section 2:
No Discrimination..................................................................
5
Section 3:
Mutual Cooperation.................................................................
5
Section 4:
No Strikes or Lockouts.............................................................
5
Section 5:
City / VPMA Meetings............................................................
5
Section 6:
Association Business...............................................................
5
ARTICLE TWO: LEGAL LIMITATIONS, SAVINGS CLAUSE& TERM
Section 1: Legal Limitations and Savings Clause ........................................... 6
Section2: Term.................................................................................. 6
Section 3: Maintenance of Existing. Conditions...............................................6
Section 4: Modification and Waiver............................................................7
Section5: Severability............................................................................7
ARTICLE THREE: SALARIES
Section1: Lieutenants............................................................................. 8
Section2: Captains................................................................................8
Section3: Merit Steps.............................................................................8
Section 4: Salary Adjustment Increase......................................................... 9
Section5: Bilingual Pay......................................................................... 9
Section 6: "P.O.S.T." Certificate Incentive .................................................... 9
Section7: Shooting Pay.........................................................................10
ARTICLE FOUR: LONGEVITY
Section 1: Employees Hired Before July 1, 1995........................................... 11
Section 2: Employees Hired On or After July 1, 1995..................................... 11
ARTICLE FIVE: OVERTIME
Section 1:
Overtime Authorization............................................................
12
Section 2:
FLSA Overtime.....................................................................
12
Section 3:
Comp Time..........................................................................
12
Section 4:
Leave Time Inclusion..............................................................
12
Section 5:
Training and Recertification......................................................
13
Section 6:
Court Attendance and "Stand By" Time ........................................
13
Section 7:
Call Backs............................................................................
14
Section8:
Jury Duty............................................................................
15
Section 9:
Non-Compensable..................................................................
15
ARTICLE SIX: UNIFORMS, ALLOWANCE AND SAFETY EQUIPMENT
Section 1:
Uniform Allowance.................................................................
16
Section 2:
Summer Uniforms...................................................................16
Section 3:
Safety Equipment....................................................................16
ARTICLE SEVEN: BENEFITS
Section 1: Public Employees Retirement System............................................17
Section 2: Supplemental PERS Benefits...................................................... 17
Section 3: Medical, Dental, Vision and Life Insurance.....................................17
Section 4: Retirees Medical..................................................................... 18
2
0
Section5: Vacation Time....................................................................... 19
Section 6: "In Lieu" Holiday Time............................................................ 19
Section7: Sick Leave............................................................................20
Section 8: Bereavement Leave................................................................. 20
Section 9: Deferred Comp.......................................................................21
Section 10: Other City Employee Programs ................................................... 21
ARTICLE EIGHT: WORK SCHEDULE AND ABSENCES
Section 1: Provisions............................................................................ 22
Section 2: Work Schedule 3/12 Plan .......................................................... 22
Section 3: Shift and 7 Code Policy............................................................ 22
Section 4: Shift Trades.......................................................................... 22
ARTICLE NINE: GRIEVANCE PROCEDURE
Grievance Procedure Steps.......................................................................... 24
ARTICLE TEN: DISCIPLINE PROCEDURE
Discipline Procedure Steps.......................................................................... 26
ARTICLE ELEVEN: MANAGEMENT RIGHTS
Section 1: Exclusive Rights & Authority..................................................... 28
Section 2: Grievance on Impacts................................................................29
SIGNATURE PAGE
Signatures.............................................................................................. 30
N
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
m i7
VERNON POLICE MANAGEMENT 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 Management Association (hereinafter
"VPMA") and except as otherwise specifically provided herein shall apply only to those defined
in the aforesaid Resolution as Lieutenants and Captains.
This MOU constitutes a joint agreement by the Municipal Employee Relations Representative
("MERR") and the VPMA, 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 VPMA 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, 2014 and shall
expire at midnight on June 30, 2016.
IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN STATED, the VPMA
and the City of Vernon agree as follows:
ARTICLE ONE
FUNDAMENTALS
Section 1: Recognition
The City of Vernon recognizes the Vernon Police Management Association ("VPMA") as the
certified majority representative of management, comprised of Lieutenants and Captains, 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 VPMA 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 VPMA.
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 Strikes or Lockouts
During the life of this agreement no work stoppages, strikes, slowdowns, or picketing shall be
caused or sanctioned by the VPMA, and no lockouts shall be made by the City.
Section 5: City/VPMA Meetings
Representatives from the VPMA and the City shall meet as needed to discuss issues of mutual
concern.
Section 6: Association Business
The City shall grant release time of 20 hours per fiscal year for the Association President or
designee. In no case will Association Leave Time be used for political action purposes or if it
will cause overtime unless it is authorized in writing by the Police Chief or his designee.
ARTICLE TWO
LEGAL LIMITATIONS, SAVINGS CLAUSE, AND TERM
Section 1: Legal Limitations and Savings Clause
It is understood and agreed that this Memorandum of Understanding (including, but not limited
to, the provisions of the Fair Labor Standards Act) and any and all Resolutions or Ordinances
adopted in implementation thereof are and shall be subject to all present and future applicable
federal and state laws and regulations and shall be effective and implemented only to the extent
permitted by such laws and regulations.
If any part of this Memorandum of Understanding or of any Resolution or Ordinance adopted in
implementation thereof is in conflict or inconsistent with any such applicable provisions of
federal and state laws or regulations or otherwise held to be invalid or unenforceable by any
tribunal of competent jurisdiction, such part or provision shall be suspended and superseded, and
such applicable laws and regulations and the remainder of this Memorandum of Understanding
shall not be affected thereby and shall remain in full force and effect.
Section 2: Term
(a) Except as otherwise provided herein, this Memorandum of Understanding shall be in full
force and effect from July 1, 2014, and shall remain in full force and effect up to and
including midnight, the 30th day of June 2016, or until the next Memorandum of
Understanding becomes effective.
(b) This Memorandum of Understanding shall be binding on the City and the Association
when approved and adopted by the City Council.
Except as otherwise provided in Article III, Section 1, herein, the City and the Association
agree to submit proposals for any changes related to wages, benefits and/or other terms of
and conditions of employment affecting this Memorandum of Understanding between February
1, 2016 and March 1, 2016.
Section 3: Maintenance of Existing Conditions
Any employment policy, practices and/or benefits, including the alternative workweek schedule
and overtime compensation are incorporated into this Memorandum of Understanding,
unless otherwise stated herein. In the event of a conflict between the Memorandum of
Understanding and an existing policy and/or practice, this Memorandum of
Understanding shall govern.
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Section 4. Modification and Waiver
The City reserves the right to add to, delete from, amend or modify the Administrative rules, the
City Municipal Code, and the City's Personnel Policies and Procedures Manual during the term
of the Memorandum of Understanding, subject to the requirements of the Meyers-Milias-Brown
Act and the Police Officers Bill of Rights.
Section 5. Severability.
In the event that a court finds any provision(s) of this Memorandum of Understanding to be
invalid or unenforceable, the parties intend that the remaining provisions remain in effect. The
parties further agree to meet and confer for purposes of negotiating an alternative to any
provision declared invalid or unenforceable.
ARTICLE THREE
SALARIES
Section 1: Lieutenant
Effective January 1, 2015 the base monthly salary of a Lieutenant shall be increased by 1.5% as
follows:
Step 1 $10,011
Step 2 $10,511
Step 3 $11,037
Step 4 $11,588
Step 5 $12,168
Effective July 1, 2015, the base monthly salary of a Lieutenant shall be increased by 1.5% as
follows:
Step 1
$10,161
Step 2
$10,669
Step 3
$11,203
Step 4
$11,762
Step 5
$12,351
Section 2: Captain
Effective January 1, 2015, the base monthly salary of a Captain shall be increased by 1.5% as
follows:
Step 1
$11,588
Step 2
$12,168
Step 3
$12,776
Step 4
$13,415
Step 5
$14,086
Effective July 1, 2015, the base monthly salary of a Captain shall be increased by 1.5% as
follows:
Step 1
$11,762
Step 2
$12,351
Step 3
$12,968
Step 4
$13,616
Step 5
$14,297
Section 3: Merit Steps
Promotions or salary increases to higher pay grades are merit steps only, and shall be available to
employees as recognition and reward for satisfactory services after one (1) year at present grade
for Lieutenants and after one (1) year at present grade for Captains. Effective June 1, 2015
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through May 31, 2016, employees who in the discretion of the Police Chief and in accordance
with the City's Performance Evaluation Policy, have attained one year of satisfactory service as
of their classification anniversary date will be eligible to receive a 5% merit increase. However,
future merit increases to any said step shall remain at the sole discretion of the City Council.
Section 4: Salary Adlustment Increase
In the event there is a salary inequity between ranks or between employees within the
Department, the Chief of Police with the approval of the City Administrator may incorporate a
service adjustment increase up to ten percent (10%) per month of their base salary.
Section 5: Bilingual Pay
A VPMA 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 a foreign language proficiency test designated by the Human Resources
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 6: Peace Officers Standards and Training ("P.O.S.T.") C
VPMA employees 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
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; or
Payment of the above -referenced incentive compensation shall not be cumulative; only the
highest applicable incentive pay level shall apply.
• Effective June 1, 2014 VPMA employees shall be entitled to a 7.5% of the employee's
base monthly salary, excluding all other compensation, for a P.O.S.T. Management
Certificate.
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
Should employees represented by the Vernon Police Officers Benefit Association (VPOBA)
receive across -the board enhancements to the existing P.O.S.T. Certificate Pay between July 1,
2014 and June 30, 2016, a like increase will be provided to employees represented by the Police
Officers Management Association.
Section 7: Shootina Pay
It is recognized by the City of Vernon and the VPMA 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
Sharpshooter
Expert
Distinguished Expert
3.00
Per Month
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.
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ARTICLE FOUR
LONGEVITY
Section 1: Employees Hired Before July 1, 1995
Effective August 31, 1986, the City established a four -step Longevity program for all employees.
Said Longevity program is as follows:
All eligible employees who have five years of service on or before August 31, 1986, shall
receive an additional five percent (5%) per month of their base salary effective August
31, 1986, and every year thereafter until reaching the next Longevity level. Employees
upon reaching their 5th anniversary date after August 31, 1986, shall be entitled to said
five percent (5%) per month upon said anniversary date.
All eligible employees who have ten (10) years of service on or before July 1, 1987, shall
receive an additional ten percent (10%) per month of their base salary effective July 1,
1987, and every year thereafter until reaching the next Longevity level. Employees upon
reaching their loth anniversary date after July 1, 1987, shall be entitled to said ten
percent (10%) per month upon said anniversary date. Said ten percent (10%) is in place
of the five percent (5%) referenced in paragraph 1 above and not cumulative therewith.
All eligible employees who have fifteen (15) years of service on or before July 1, 1988,
shall receive an additional fifteen percent (15%) per month of their base salary effective
July 1, 1988, and every year thereafter until reaching the next Longevity level.
Employees upon reaching their 15th anniversary date after July 1, 1988, shall be entitled
to said fifteen percent (15%) per month upon said date. Said fifteen percent (15%) is in
place of each of the amounts referenced in paragraphs 1 and 2 above and not cumulative
therewith.
All eligible employees who have twenty (20) years of service on or before July 1, 1989,
shall receive an additional twenty percent (20%) per month of their base salary effective
July 1, 1989, and every year thereafter. Employees upon reaching their 20th anniversary
date after July 1, 1989 shall be entitled to said twenty percent (20%) per month upon said
anniversary date. Said twenty percent (20%) is in place of each of the amounts
referenced in paragraphs 1, 2 and 3 above and not cumulative therewith.
Section 2: Employees Hired on or after July 1, 1995 and on or before December 31,
2013
All employees in the VPMA 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 the Chief of Police 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.
Section 2: F.L.S.A. Overtime
Employees in the classification of Police Captain are exempt from overtime in accordance with
the Fair Labor Standards Act (FLSA) executive exemption. Police Lieutenants required to
perform in excess of the standard work period of 160 hours in a 28-day cycle shall receive
compensation at the rate of time and one-half their regular rate of pay or time and one-half
"compensatory time" for each hour worked. The regular rate of pay shall include the following
components in addition to base salary:
• P.O.S.T. Certificate Pay
• Special Assignment Pay
Section 3: Compensatory Time
Police Lieutenants 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.
VPMA 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.
The City and the VPMA agree to continue negotiations regarding overtime wages of the
Lieutenants after the MOU is ratified and signed by both parties and upon completion of the
Classification and Compensation Study. The parties agree to meet and confer regarding
compensable wages of VPMA Captains and Lieutenants no later than December 31, 2013.
Section 4: Leave Inclusions
In determining an employee's eligibility for overtime compensation in a work period, paid
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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. Administrative Leave
4. Compensatory Leave
5. Workers' Compensation Leave (4850 time)
6. Jury Duty
7. Bereavement Leave
8. Military Leave
Section 5: Trainina and Recertification Time
Training time that is required is compensable
Recertification time that is directly related to an employee's job will be compensable if
completed during assigned work hours.
Section 6: Court Attendance and "Stand By" Time
Court Appearances
VPMA employees 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, VPMA 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).
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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.
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.
Should employees represented by the Vernon Police Officers Benefit Association (VPOBA)
amend their MOU contract language regarding Court -Time Pay and Stand-by Pay between July
1, 2014 and June 30, 2016, the City and the VPMA agree to amend the VPMA MOU to
incorporate such changes.
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.
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If the employee is ordered to return to work immediately, his work time shall be credited
commencing immediately after the employee has been directly contacted by the employer.
Section 8: Jury Duty
I. Policy
A. Employees shall be granted up to two weeks paid leave of absence in order to
perform jury duty, provided that the employee provides notification to the City for
such jury duty and provides proper verification of hours spent on jury duty.
VPMA employees will be required to return to work, if regularly scheduled to
work, as soon as they are released from their jury duty.
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. VPMA employees shall retain any Jury Duty Mileage Pay.
Section 9: Non-Comuensable
A. City Vehicle Use—VPMA 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 —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.
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ARTICLE SIX
UNIFORMS, ALLOWANCE AND SAFETY EQUIPMENT
Section 1: Uniform Allowance
The City will pay each VPMA employee 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
VPMA employees who are assigned to patrol will be allowed to utilize summer uniforms (blue
shirtiblue shorts) on any day at the discretion of the Chief of Police. The Chief of Police shall
establish authorization or notification procedures, as well as summer uniform requirements.
Section 3: Safety Equipment
The City shall, every three (3) years, pay one half of the cost of the member's individual body
armor if the member presents to the City a receipt for body armor that meets Departmental
specifications. If the City provides individual body armor to an employee, and the employee
accepts such body armor, then the three (3) year time period shall begin upon acceptance of the
body armor by the employee.
VPMA 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.
HIM
ARTICLE SEVEN
BENEFITS
Section 1: Public Employee Retirement System ("PERS")
The City shall maintain its contract with the California Employees Public Retirement System
(PERS) that provides VPMA employees with three percent (31/o) at 50 PERS retirement benefit
plan.
As a result of the recent passage of AB 340 Public Employee Pension Reform (PEPRA), new
CaIPERS members hired on or after January 1, 2013 who meet the definition of new member
under PEPRA, shall be provided a 2.7% at 57 PERS retirement benefit plan.
VPMA employees shall be responsible for paying their PERS nine percent (9%) employee's
contributions.
Section 2: Supplemental PERS Retirement Benefits
The City agrees to provide additional supplemental retirement benefits to VPMA employees
under PERS as follows:
• Gov't Code Section: 20042 — One Year Final Compensation:
New employees hired on or after January 1, 2013 who meet the definition of new
member under PEPRA shall receive 3 Year Final Compensation.
• Gov't Code Section: 21024 - Military Service Credit as Public Service:
• Gov't Code Section: 21571 — Basic Level of 1959 Survivor Benefits:
• Gov't Code Section: 21624 & 21626 & 21628 - Post Retirement Survivor Allowance:
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 VPMA 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 VPMA employees enrolled in the PPO plan, the City shall pay monthly 100% of
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the cost of the plan for employees and eligible dependents, not to exceed $850 per
month. In addition, for each employee enrolled in the High 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 VPMA
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 reimbursement 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 cost of $6.95 for one dependent or $13.95 for
two or more dependents.
Life Insurance: The City provides a $20,000 life insurance premium plan to employees. The
City shall pay 100% of the cost of such plan for employees.
The City's agreement to pay full or partial costs of said premiums shall not create or ripen into a
vested right for said employee; however, the City shall be obligated to pay the cost or provide
said medical, dental, vision, and life insurance benefits as described so long as this MOU
remains in effect.
Should employees represented by the Vernon Police Officers Benefit Association (VPOBA)
amend their MOU contract language regarding medical, dental, vision or life insurance benefits
between July 1, 2014 and June 30, 2016, the City and the VPMA agree to amend the VPMA
MOU to incorporate such changes.
Section 4: Retiree's Medical
Employees must retire from the City of Vernon under a Ca1PERS Benefit Formula (i.e. Age 50
or 57 Formula) to be eligible for Retiree Medical/Dental Benefits.
The City shall pay up to $1,100 per month towards the employee's option of the City's medical
and dental insurance programs for the employee and his/her eligible spouse in the classifications
represented by the Vernon Police Management Association who have been employed as sworn
Peace Officers for a minimum of twenty (20) years and a minimum of 10 years of that service
has been in the employment of the City of Vernon. The maximum $1,100 City contribution shall
be applied only toward a city provided medical and dental premium plan payment and shall have
no cash surrender value.
The City's contribution toward the Retiree Medical/Dental Benefit Plan shall continue for said
retired employee and eligible spouse up to the age of sixty-five (65). Upon reaching the age of
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sixty-five (65), the retiree and/or eligible spouse shall apply for Medicare coverage, whereupon
the City's insurance shall become supplemental coverage. The City shall pay up to 100% of the
cost to provide any Medicare supplemental medical and dental insurance plan offered by the City
of Vernon, not to exceed $1,100 per month. The City will not be the primary insurance carrier
once the retiree and/or employee reaches the age of sixty-five (65). If the retiree or eligible
spouse fails to timely obtain and maintain Medicare coverage, the City shall not be required to
provide any medical/dental benefits until such Medicare coverage is obtained and maintained.
The maximum $1,100 City contribution shall be applied only towards a City sponsored Medicare
supplemental medical and dental premium plan payment and shall have no cash surrender value.
All retired employees with a minimum of ten (10) years of continuous uninterrupted service with
the City may pay the City's premium cost for medical and dental insurance up to the age of
sixty-five (65) after which time Medicare will become the primary insurance carrier. The retired
employee may remain on the City's supplemental insurance to Medicare at his/her cost provided
the retiree has timely obtained and maintains Medicare coverage.
Should the retired employee fail to pay his/her required cost of the insurance premium for the
City's medical/dental benefit plan for any three (3) consecutive months or, should the coverage
otherwise lapse for any reason other than City's non-payment, then the City's obligation to
maintain the retiree's medical/dental benefit plan shall automatically terminate without the need
for further notice.
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
VPMA 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
calendar year, and shall be compensated for if not utilized during said period,
Section 6: "In Lieu" Holidays
VPMA employees shall receive one hundred and ten (I 10) "in lieu" holiday hours per calendar
year). "In lieu" holidays will be credited to each employee on each July 1 in which he/she is on
the active payroll, including those on "Light Duty", of the Department in a classification
represented by the VPMA and must be taken prior to the immediately following July 1.
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"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 calendar year for which such "in lieu" holidays were
granted. In that case only, the employee shall be paid for said "in lieu" holidays not taken with
his/her first possible payroll check on or after July 1 of the calendar 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,
VPMA employees shall receive the same number of any additional holidays. Any additional "in
lieu" holiday time received by VPMA employees will be for a maximum of ten (10) hours per
day received.
Section 7: Sick Leave
VPMA employees only receive sick leave accrual while they are in a paid status. Employees
shall accrue sick time at a rate of 3.08 hours per pay period (80 hour annually), with a maximum
cap of 960 hours. Upon reaching the cap, employees will continue to accrue sick leave provided;
however, in the final pay period in December each year all accrued sick leave in excess of 960
hours shall be cashed in at fifty percent (50%) of the employee's regular rate of pay.
If a VPMA 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.
VPMA 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 VPMA 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,
20
mother, brother, sister, spouse, children, mother-in-law, father-in-law, grandmother, grandfather,
grandchildren, grandmother -in-law, grandfather -in-law or registered domestic partners), 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"
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: Deferred Compensation
VPMA employees are eligible to participate in the City's Deferred Compensation Program.
Section 10: Other City Employee Programs
VPMA 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
• Supplemental Life insurance
• Corrective eye surgery plan
• Hearing aid device 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.
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, VPMA employees
assigned to patrol will work three (3), twelve and one half hour (12'/2) days per week with a ten
(10) hours payback per month, without incurring any overtime.
In the event the City needs to adjust any work schedule, the City agrees that no such
modification will be conducted without first notifying the effected employee a minimum of 10
days prior to the change, unless agreed to by the effected employee(s) and the Chief of Police or
his designee.
The City agrees to continue the 3/12 Plan for VPMA employees assigned to patrol, with the
exception of specific assignments. The VPMA agrees that the City may, at its sole discretion and
at any time, terminate the 3/12 Plan. The VPMA agrees that the termination of the 3/12 Plan is
not subject to the grievance procedure or any other administrative review and that the 3/12 Plan
is not and shall not become a vested right in any manner, and that a decision to terminate such
3/12 Plan is subject to the meet and confer process.
Section 3: Shift and Code Seven Policy:
Patrol personnel shall work a twelve- and -one-half (12'/2) hour shift. The first one-half hour
shall be used for briefing and training purposes. Lunch time (Code 7) shall be part of the shift
and is compensable.
Section 4: Shift Trades
The practice of shift trading shall be voluntary on behalf of each employee involved in the trade.
A shift trade must be pre -approved by a supervisor. The trade must be due to the employee's
desire or need to attend to a personal matter and not due to the department's operations. The
employee providing the trade shall not have his/her compensable hours increased as a result of
the trade; nor shall the employee receiving the trade have his/her compensable hours decreased
as a result of the trade..
If one individual fails to appear for the other (regardless of the reason), the person who was
scheduled as a result of the shift trade will be listed as absent without leave and may be subject
to discipline.
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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
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.
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ARTICLE NINE
GRIEVANCE PROCEDURE
Vernon has adopted a grievance procedure applicable to all Lieutenants and the Captain
containing the following principles:
A grievance will be defined as a dispute between the City and an employee or employees
adversely affected thereby over interpretation or application of any provision of this
Memorandum of Understanding or policy. "Days" as used herein shall be those days that
the City Hall of the City of Vernon is open part or all of the day. "Immediate
Supervisor" is the lowest level management or supervisory person having immediate
jurisdiction over the grievant.
Step 1
The aggrieved employee shall present orally or in writing his grievances to his immediate
supervisor within ten (10) working days of the occurrence of the action giving rise to the
grievance. Discussions will be informal for the purpose of settling differences in the simplest and
most direct manner. The immediate supervisor shall reach a decision and communicate it orally
or in writing to the aggrieved employee and the Municipal Employee Relations Representative
(MERR) within five (5) working days from the date the grievance was presented to him.
Step 2
If the grievance is not settled at the first step to the satisfaction of all parties, either the MERR or
the aggrieved employee within ten (10) working days of the answer in the first step, shall reduce
the grievance to writing, sign it and present it to the Department Head or his designee. The
Department Head or his designee shall obtain the facts concerning the alleged grievance and
shall within five (5) working days of receipt of the written grievance conduct a meeting between
himself, his representative if needed, the aggrieved employee, and the employee's representative.
The Department Head or his designee shall notify the aggrieved employee and the MERR of his
decision not later than five (5) working days following the meeting date.
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
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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 be the final step in the Grievance Procedure and will be provided in
a written format that will be given to the grievant after the decision is made.
Should employees represented by the Vernon Police Officers Benefit Association (VPOBA)
amend their MOU contract language regarding Grievance Procedures between July 1, 2014 and
June 30, 2016, the City and the VPMA agree to amend the VPMA MOU to incorporate such
changes.
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ARTICLE TEN
DISCIPLINE PROCEDURE
Disciplinary Procedure
The parties recognize that the Public Safety Officers Procedural Bill of Rights Act (the "Act")
(Government Code Section 3300, er 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:
Stev 1
Any VPMA employee who wishes to proceed with an administrative appeal after a decision by
the City Administrator regarding a disciplinary action must make a written request for an
administrative appeal. The written request must identify each of the issues which said employee
intends to address during the administrative appeal and must be personally delivered to the office
of the City Administrator of the City of Vernon within ten (10) working days after receiving
written notice of the City Council's decision imposing the subject discipline. The parties agree
that if such written request is not submitted to the City Administrator's office in a timely manner,
said employee shall have waived his or her right to proceed with the administrative appeal.
Sten 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 VPMA employee 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 VPMA employee 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 VPMA employee shall not have the right to subpoena witnesses or cross-examine any
witnesses, but shall be permitted to submit written documents and oral testimony.
Step 5
The City Council's decision will be provided in a written format which will be given to the
VPMA employee after the decision is made. The decision of the City Council shall be final and
shall be binding on the parties.
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Should employees represented by the Vernon Police Officers Benefit Association (VPOBA)
amend their MOU contract language regarding Discipline Procedures between July 1, 2014 and
June 30, 2016, the City and the VPMA agree to amend the VPMA MOU to incorporate such
changes.
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ARTICLE ELEVEN
MANAGEMENT RIGHTS
Section 1. Exclusive Rights and Authority.
In order to ensure that the City is able to carry out its functions and responsibilities imposed by
law, the City has and will retain the exclusive right to manage and direct the performance of City
services and the work force performing such services, subject to certain limitations contained
elsewhere in this Memorandum of Understanding. Therefore, the following matters shall not be
subject to the meet and confer process, but shall be within the exclusive authority of the City.
The consideration of the .merits, necessity, or organization of any service activity conducted by
the City shall include, but not be limited to the City's right to:
A. Determine issues of public policy
B. The exclusive right to determine the mission of its constituent departments,
commissions, and boards.
B. Set standards and levels of service and to expand or diminish services
C. Determine policies, procedures and standards for selection, training and
promotion of employees..
D. Direct its employees.
E. Establish and enforce employee 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 and, to develop new 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.
O. Establish and modify productivity and performance programs and standards.
P. Discharge, suspend, demote, reprimand, withhold salary increases and benefits, or
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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 Association recognizes that the City has and will continue to retain, whether exercised or
not, the unilateral and exclusive right to operate, administer and manage its municipal services
and work force performing those services in all respects, subject to this Memorandum of
Understanding.
Section 2. Grievance on Impacts.
The exclusive decision -making authority of the City Council on matters involving City rights and
authority shall not be in any way, directly or indirectly, subject to the grievance procedure set
forth in this Memorandum of Understanding. The employee may only grieve the impact of the
exercise of exclusive City rights and authority that directly relate to matters within the scope of
representation.
The City shall not be required to meet and confer in good faith on any subject preempted by
federal or state law. The City shall meet and confer in good faith with the Association on all
matters related to the salaries, fringe benefits and other terms and conditions of employment in
accordance with the Meyers-Milias-Brown Act and/or Police Officers Bill of Rights.
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CITY OF VERNON
Administrator / "MEW'
Teresa McAllister
Director of Human Resources
Kristen Enomoto
Deputy :City Administrator
Alex Kung
Economic Development Manager
Zayn oussa
Deputy City Attorney
SIGNATURE PAGE
Jerry Winegar
President
Roberto Sousa
Treasurer
kTION
APPROVED AND ADOPTED BY THE CITY COUNCIL ON June 3, 2014 , PER
RESOLUTION NO. B®%#XXA 2014-26.
Attest:
Ana Barcia
Deputy City Clerk
Dated: I/L+114
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STAFF REPORT
j
MAY 2 9 2014 STAFF REPORT
CITY CLERK'S OFFICE CITY ADMINISTRATION
DATE: June 3, 2014
TO: Honorable Mayor and City Council
FROM: Mark C. Whitworth, City Administrator
RE: A RESOLUTION OF THE CITY COUN HE CITY OF VERNON
APPROVING THE MEMORANDUM OF UNDERSTANDING BY AND
BETWEEN THE CITY OF VERNON AND THE VERNON POLICE
MANAGEMENT ASSOCIATION FOR THE PERIOD OF JULY 1, 2014
THROUGH JUNE 30, 2016
Recommendation
It is recommended that the City Council:
1) Find that approval of the resolution proposed in this staff report is exempt under the
California Environmental Quality Act (CEQA) in accordance with Section 15061(b)(3),
the general rule that CEQA only applies to projects that may have an effect on the
environment.
2) Adopt the attached resolution approving the Memorandum of Understanding by and
between the City of Vernon and the Vernon Police Management Association for the
period of July 1, 2014 through June 30, 2016.
Backstround
The City and the Vernon Police Management Association ("VPMA") concluded labor
negotiations on May 6, 2014 regarding wages, benefits and working conditions for the 2014-
2016 Memorandum of Understanding ("MOU").
This report recommends the City Council's approval of benefits and contract language
incorporated into an agreement with the VPMA. Attached as Exhibit A to the resolution is the
MOU for the employees represented by the VPMA, which incorporates provisions mutually
agreed upon during the negotiation process. The MOU effective date is July 1, 2014, and shall
expire at midnight on June 30, 2016.
Members of City staff and representatives of the VPMA met and conferred in good faith, and
reached agreement on the proposed contract language, subject to the approval of the City
Council,
Key provisions of the proposed MOU are:
• Effective January 1, 2015, the base salaries for employees represented in the VPMA shall
be increased by 1.5%.
• Effective July 1, 2015, the base salaries for employees represented in the VPMA shall be
increased by 1.5%.
• Effective June 1, 2015 through May 31, 2016, employees who, in the discretion of the
Police Chief and in accordance with the City's Performance Evaluation Policy, have
attained one year of satisfactory service as of their classification anniversary date will be
eligible to receive a 5% merit increase, However, future merit increases after May 31,
2016, shall remain at the sole discretion of the City Council,
• Effective July 1, 2014, sick leave shall not count toward time worked for purposes of
calculating overtime.
• Effective July 1, 2014, the $35.00 per month Auto Insurance benefit paid to employees
shall be discontinued.
• Should employees represented by the Vernon Police Officers Benefit Association amend
their MOU contract language regarding P.O.S.T. Certificate Pay, Court Attendance and
Stand By Pay, and/or health benefits between July 1, 2014 and June 30, 2016, the City
and the VPMA agree to amend the VPMA MOU to incorporate such changes.
• Discontinuation of longevity benefits for employees hired after December 31, 2013.
Fiscal Impact
The approximate grand total cost to adopt the 2014-2016 Memorandum of Understanding
between the City and the Vernon Police Management Association is $92,520. The approximate
cost for fiscal year 2014-2015 only is $46,514, and will be included in the Police Department's
proposed budget for FY 2014-2015.