Resolution No. 2014-047Rnt
ESOLUTION NO. 2014-47
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 FIRE
MANAGEMENT AS FOR THE PERIOD OF
JULY 1, 2014 THROUGH JUNE 30, 2016
WHEREAS, the Vernon Fire Management Association ("VFMA") has
been recognized as an employee organization pursuant to the City of
Vernon Employer -Employee Relations Resolution (Resolution No. 4027); and
WHEREAS, the City and VFMA have concluded labor negotiations
regarding wages, benefits and working conditions for the period of
July 1, 2014 through June 30, 2016; and
WHEREAS, representative members of the VFMA and the City have
agreed to execute a Memorandum of Understanding ("MOU") setting forth
certain terms and conditions for employment of City of Vernon employees
in classifications represented by the VFMA, for the period of
July 1,.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.
SECTION 3: The City Council of the City of Vernon hereby
approves the Memorandum of Understanding between the City of Vernon and
the Vernon Fire Management Association, in substantially the same form
as 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 David Lazar, Vernon Fire Management Association
President.
- 2 -
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 15th day of July, 2014.
ATTEST:
Ana B is
3erl� / Deputy City Clerk
APPROVEEDDnAS�TO FORM:
L V _ `
Za 0
ah Noussa, Deputy City Attorney
n
Name: W. Michael McCormick
Title: Mayor / t1a7or—Pro—T-e��- )
- 3 -
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I Ana Barcia
-E-gip--C / Deputy City Clerk of the City
of Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 2014-47, was duly passed, approved and adopted by the
City Council of the City of Vernon at a regular meeting of the City
Council duly held on Tuesday, July 15, 2014, and thereafter was duly
signed by the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this 1:4 day of July, 2014, at Vernon, California.
(SEAL)
- 4 -
A arcia
Deputy City Clerk
EXHIBIT A
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
Ili i7
VERNON FIRE MANAGEMENT ASSOCIATION
July 1, 2014 through June 30, 2016
TABLE OF CONTENTS
MEMORANDUM OF UNDERSTANDING
Parties to the Memorandum of Understanding.......................................................... 5
Section 1:
Section 2:
Section 3:
Section 4:
Section 5:
Section 6:
Section 7:
Section 8:
Section 9:
Section 1:
Section 2:
Section 3:
Section 4:
Section 1:
Section 2:
ARTICLE ONE:
Recognition
No Discrimination .....................
0
Mutual Cooperation ............... ...
Layoffs....................................I
No Strikes or Lockoufse,
City / VFMA Meetings ....gt, .....�@�
.: .....................6
.............. ................6
..... I ............7
��� ........... �1 ��
� .0
...........................i....7
......... ........................... 7
'1 ... ......................7
io
...........................................8
.......................................... 8
1p
Le TWO: AL LIMITATIONS, SAVINGS CLAUSE &TERM
CLE itations Savings Clause............................................................. 9
Maintenan sting Conditions..................................................9
Modification and Waiver.................................................................................. 9
Severability...........................................................................:..10
ARTICLE THREE: SALARIES
Salaries.............................................................................................................. 11
AssistantFire Chief........................................................................................... 11
1
0
Section 3:
Section 4:
Section 5:
Section 6:
Section 7:
Section 8:
Section 9:
Section 10:
Section 11:
Section 12:
Section 13:
Section 14:
Section 1:
Section 2:
Section 1:
Section 2:
Section 3:
Section 4:
Section 5:
Section 6:
Section 7:
Section 8:
Battalion Chief/Fire Marshall......................................................... 12
FireMarshall..............................................................................12
MeritSteps................................................................................ 13
Salary Adjustment Increase.......................................................... 13
BilingualPay............................................................................ 13
Educational Incentive Pay .............................. ........................... 13
I6�
Chief Officer Certificate — Prior to July 1, 201 1 1 ............................... 14
Chief Officer Certificate — After July 1, 0� ........ q Y ........................ 14
Hazardous Materials Specialist Pa ..................... 14
Urban Search and Rescue Special is ....... is i........ 15
Physical Fitness/Well Io�gram...... .. y t.... 15
Computation of Pay ..... ��uI�'y��t� c............ 8d�ian ............................. 15
1994....................................... 17
111,a...........................................17
FIVE: OVERTIME
mqreAuthori . 'on................................................................ 18
Compery............................................I........................19
Compensate . me Payment upon Termination .................................... 19
Usage of Compensatory Time Earned ................................................ 19
Leave Inclusion.......................................................................... 19
Training and Recertification............................................................ 20
CallBacks................................................................................. 20
Non-Compensable........................................................................ 20
2
ARTICLE SIX: UNIFORMS
Section 1: Uniform Allowance..................................................................... 22
Section 1:
Section 2:
Section 3:
Section 4:
Section 5:
Section 6:
Section 7:
Section 8:
Section 9:
Section 10:
Section 1:
Section 1:
Section 2:
Section 1:
ARTICLE SEVEN: BENEFITS
Public Employees Retirement System .......... 11 .............................23
Supplemental PERS Benefitsq01 ........................... 23
Cafeteria Plan.......................<1141"
.. I............. .................... 24
Medical................................................... ......... 24
��i...Dental...............................,1 b ............... m ...... 25
��
Vision .................. ^� 25
Life Insurance ............. 1� �7!101hj ........ .......................... 25
40 ...................... 26
............................. 26
26
t
......................................... 26
VACATION
................................................................... 28
gjjIq1il 1l0' ARTICLE NINE: HOLIDAYS
"In Lied" Holiday Time................................................................. 30
"In Lied" Holiday Time — Administrative Personnel ............................... 30
ARTICLE TEN: SICK LEAVE
SickLeave................................................................................. 32
3
Section 2: Sick Leave Conversion.................................................................. 33
ARTICLE ELEVEN — LEAVE BENEFITS
Section1: Jury Duty.................................................................................. 34
Section 2: Bereavement Leave..................................................................... 34
Section I:
Section 2:
Section 4:
Section 5:
ARTICLE TWELVE: WORK SCHE
FLSA Work Period ............................
k hdl
......................... 36
WorSc e u es ......................... .............:.,�1, .................... 36
Shift Trades ......................... id .................. 1� i 36
Early Relief ................................ .............. N 37
Grievance Procedure
Management
...................... 38
INE PROCEDURE
......................................... 40
F :
pMANAGEMENT RIGHTS
............................................................ 44
'1410F SIGNATURE PAGE
Signatures.................................................................................................... 46
4
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
AND
VERNON FIRE MANAGEMENT ASSOCIATION
Parties to the Memorandum of Understanding
Pursuant to Chapter 10 (section 3500 et seq) of�g
Resolution No. 4027, the Resolution for the adrr��
within the scope of representation that are set forth
been discussed by and between repres tatives of
Vernon Fire Management Associatio 1 111 ' aft(
provided herein shall apply only to those
regular part-time employe(
known as Chief Officer
This MOU constitutes a jo�
and the V
or mor,l lutions or
The 0MERR � a Repres
of Vernon to ado Neor
other conditions of e
If approved, the terms agr
midnight on June 30, 2016.
the Government Code and
ployer-ehi'p a�yo.ee relations, the matters
i VG@Ii
dum of Uiiq"" anding (MOU) have
on and the @�entatives of the
and except as otherwise specifically
Resolution as "full-time sworn and
employees," otherwise
Employee Relations Representative ("MERR")
Pion for its determination and approval by one
deem fit and proper.
PA have agreed that they will jointly urge the City Council
or Ordinances reflecting the changes in wages, hours, and
upon in this MOU.
by this MOU shall take effect on July 1, 2014, and shall expire at
IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN STATED, the VFMA and the
City of Vernon agree as follows:
5
ARTICLE ONE
FUNDAMENTALS
Section 1: Reco nition
The City recognizes the Vernon Fire Management Association as the exclusive recognized employee
organization on behalf of all full-time sworn, aged management per , nel en a in fire
g g prevention,
suppression, administration and paramedic services within i including, but not limited to,
employees occupying the job classifications of Assistant Fir ttalion Chief, and Fire Marshall.
.I Imo.
Section 2: No Discrimination
The City and the Association are committed to
characterized by fair treatment and
The provisions of this Memorandum of
hereby. Neither the City nor the VFMA
with respect to his co
individual's race, colA
orientation, political or
VFMA,
"tB
The to ey" and "th
"his/her," "h e," or c
male gender is u Sby,
Except as limited
Association hereby retains
equal
a
equally to all employees covered
prdividual, applicant or employee
01riployment or because of an
us, disability, pregnancy, sexual
or membership or non -membership in the
i. n this agreement as substitutes for the terns "his," "her,"
le
uld indicate masculine or feminine gender. Whenever the
to refer to both male and female employees.
and express terms of this Memorandum of Understanding, the
;s unto itself all rights, powers, authority, duties and responsibilities
conferred on and vested in it by the laws and the Constitution of the State of California and/or the United
States of America. The parties specifically agree that neither VFMA nor any VFMA representative or
member shall be discriminated against, intimidated, coerced, disciplined or retaliated against because of
the lawful exercise of its or his rights, including, but not limited to, the right to participate in VFMA
activities, serve as a VFMA officer or director, or otherwise represent the interests of VFMA.
ij
Section 3: Mutual Cooperation
The parties recognize the necessity of cooperating on matters of mutual concern and interest and agree to
work together to maximize the effectiveness of the Fire Department and the City and to accomplish goals
in their mutual interest.
Section 4: Layoffs
In accordance with the Meyers-Milias Brown Act, the City
effect of its actions to layoff any employee represented
implementation except in emergency circumstances as ded,
over the effect of the exercising of a City right shall„A4110'ai
and implement any of its rights to layoff. 4111 I
During the life of this agreement no wo.
by the VFMA, and no lockouts shall be
during work hcM
employees at any
not unreasonably
. shall meet and confer on the
\. This will occur prior to
agreement to meet and confer
of the City to exercise
shall be caused or sanctioned
needed to discuss issues of mutual concern.
IRj ' ti time to conduct their Association business as necessary
V LIMA shall have reasonable access to the work sites of unit
hours to conduct Association business as long as such visits do
t of the City's usual business and the employee's work.
Coordination of such work will be made with the Fire Chief to ensure the availability of staffing levels for
such meetings. Representatives of VFMA may use any Fire Department facilities free of charge for its
Board of Directors and general membership meetings provided such facility is not otherwise booked.
VFMA shall secure approval from the Fire Chief for the date and time it wishes to secure use of the
facility. The granting of such approval will be made if the City facility is not otherwise scheduled to be
used at the time of VFMA's request.
7
No unit employee shall engage in political activity while on duty or in uniform.
Section 8: Association Leave
The VFMA President will have available to him/her a total of 240 hours of Association Leave Time at the
beginning of each calendar year for conducting Association business off duty during time he and/or any
of his Association board members would be regularly scheduled to work.
A. The VFMA President will be responsible for assigning any eave Time to his board members.
Unused hours may not be carried ied over from one year t without the written authorization
of the Fire Chief or his designee. J1111111111111k.
In each case where Leave Time is reque:
minimum of 72 hours before the Leave
waived in writing by the Fire Chief or his
Association Leave Time will j
writing by the Fire Chief or his
Firefighters of all ranks
deductions. Any payroll
writing to the Fire Chief a
notice period is
authorized in
must maintain at the minimum a Class C
to this requirement must be approved in
agreement, effect a payroll deduction for membership dues, service
,;tsuant to an executed form signed by the employee permitting such
collected by the City shall be transmitted on a biweekly basis to the
treasurer of the Association, or such other party designed in writing by the Association. The City shall not
be obligated to put into effect any new, changed, or discontinued deduction until the first pay period
commencing not more than thirty (30) days after receiving the request. This provision shall remain
operative as long as VFMA is the exclusive recognized employee organization of unit employees.
8
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�011utions or Ordinances adopted in
implementation thereof are and shall be subject to all presenre applicable federal and state laws
and regulations and shall be effective and implementedtent permitted by such laws and
regulations. IlNh
If any part of this Memorandum of
implementation thereof is in conflict i
state laws or regulations or otherwise'll
jurisdiction, such part or provision sh
regulations and the
shall remain in full
Any
otherwise star,
an existing po
this
diq r of any esolution "R%, dinance adopted in
i
ent y '� i1pplicable pro s of federal. and
invalid o : orceable by any tribunal of competent
d and s� Nd, and such applicable laws and
im alstanDall not be affected thereby and
G cticel� /or beneli lading the alternative workweek schedule and
on inco ted into this Memorandum of Understanding, unless
In the of a c qt between the Memorandum of Understanding and
id/or pr oe, this Memorandum of Understanding shall govern.
The City reserves the right fdlWad 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
Firefighters Procedural Bill of Rights Act.
E]
Section 4: 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.
10
ARTICLE THREE
SALARIES
Section 1: Salaries
Effective the beginning of the pay period containing July 1, 2014, the following salary ranges are
established for employees represented by the VFMA based upon therpults of the City wide classification
and compensation study at the 75'h percentile, and consistent wi oposed grade and step pay plan.
Effective July 1, 2014, VFMA employees shall be placed at t t,j,"d step that is closest to, but not
lower than their current base salary.
Section 2: Assistant Fire Chief
Effective June 29, 2014, (the beginning of the pay
Step I
Step 2
Step 3
Step 4
Step 5
$12,587
$13,217
$13,878
$14,572
$15,300
Effective the beginning d
Assistant Fire Chief shall
Step 1
Step 2
Step 3
Step 4
Step 5
$13,415
$14,086
$14.791
July 1.
1, 2015 the base monthly salary of an
Effective the beginning P11riod including July 1, 2015 the base monthly salary of an Assistant
Fire Chief shall be increase % as follows:
Step 1
$12,968
Step 2
$13,616
Step
$14,297
Step 4
$15,013
Step 5
$15,764
11
Section 3: Battalion Chief
Effective June 29, 2014 (the beginning of the pay period including July 1, 2014)
Step 1
$10,874
Step 2
$11,417
Step 3
$11,988
Step 4
$12,587
Step 5
$13,217
Effective the beginning of the pay period including January 1, 20 � %ase monthly salary of a Battalion
Chief shall be increased by 1.5% as follows: ,� 101.9
Step 1
$11,037
$11,588
$12,168
$12,776
$13,415
Effective the beginning of the pay X
Chief shall be increased by 1.5% as
base monthly salaryof a Battalion
pay period including July 1, 2014)
Effective the beginning of the pay period including January 1, 2015, the base monthly salary of a Fire
Marshall shall be increased by 1.5% as follows:
Step 1
$8,648
Step 2
$9,080
Step 3
$9,534
Step 4
$10,011
Step 5
$10,511
12
Section 2: Sick Leave Conversion
At the time an employee is transferred to the administrative work schedule, his or her sick leave balance
shall be converted from the suppression work schedule rate to the administrative work schedule rate by
dividing the accrued balance by 1.4 (example: 112 hours ofsuppression sick leave =1.4 = 80 hours of
administrative sick time). Said converted balances shall be available for employee's use while assigned to
the administrative work schedule in accordance with applicable policies.
At the time an employee is returned to the suppression work
be converted back to suppression hours by multiplying the h
administrative sick time X 1.4 = 112 hours of suppression+111
be available for employee's use while assigned to the8
applicable policies. d��l���
Should an employee separate during the time of their
be con
suppre
suppre
33
or her sick leave balance shall
.4 (example: 80 hours of
Said converted balances shall
in accordance with
balance shall
hours by 1.4 i id paid out at the
X 1.4 = 112 hours of
ARTICLE ELEVEN
LEAVE BENEFITS
Section 1: Jury Duty
A. All regular full-time employees summoned to serve on jury duty shall be provided "Jury Duty
Pay" and there shall be no loss of compensation. An empl ee will be compensated up to two
weeks at full pay for jury duty. The employee must pr kol tice of the expected jury duty to
his or her supervisor as soon as possible, but in no er than 14 calendar days before the
expected start date of the jury duty. ,,, 4 htN4
B. An employee on call for 'u " w
jury duty is expo- o report to work, �OInployee who is called in
for jury duty will be required to return to k as soon as they
employees shall obtain
as may be supplied by the
Except as herein provided,
are reff from jury duty. All
II
rformed us bry,erification forms
compensation received for those
U1e served. Employees shall be
duty compensation. Jury duty
shall not be compensated by the city and the
1g. compensation for duty performed on such
a jury for a period longer than two weeks, the employee
ion, to use any accrued leave time, other than sick time,
vice. The employee shall continue to receive all paid
accrue eligible leave benefits.
When an employee is compelled to be absent from duty by reason of death or critical illness (where death
appears imminent) of a member of the employee's immediate family (father, mother, brother, sister,
spouse, domestic partner, children, mother-in-law, father-in-law, grandmother, grandfather, grandmother -
in -law, grandfather -in-law, grandchildren), such person will be permitted, subject to the Fire Chiefs
approval, to a leave of absence with pay of up to forty-eight (48) hours over two shifts, which need not be
34
consecutive. An employee shall not be granted paid Bereavement Leave for more than 48 hours in any
six-month period for the same family member.
Employees will be allowed to utilize their vacation time, any compensatory time, or any "in lied' holiday
time that is due to the employee, in order to lengthen such bereavement time.
The employee shall furnish satisfactory evidence of such death or critical illness to the Fire Chief, if
requested.
35
ARTICLE TWELVE
WORK SCHEDULE
Section 1: FLSA Work Period
The FLSA work period for unit employees assigned to a daily work schedule of twenty four (24) hours
shall be a fixed and regularly recurring work period of twenty-four�d,ecutive days (576 hours).
Section 2: Work Schedules
A. Platoon Personnel
Unit employees assigned to a 56-hour
of two consecutive 24-hour shifts fo
platoon basis (A, B & C Plato
and 112 hours per pay
Unit employees as
at 0700 hours
B. 40-Hour Persoul IN
Sig
sists of four
pa aks and an ui
week. j employee
between th IrsM of
gl
the Fire Chief Ili
Section 3: Shift Trades
work a
shall work a 48/96"111 isI chedule that consists
�6 co :'•tive hours )� a rotating three
ch schedule avera 16 hours a week
1 be
gi q brk at 0700 hours and terminate
Ij ork a'4'('/' woIM,16Week shall be assigned to a 4/10 schedule that
i ork days n (10) consecutive work hours each, inclusive of
30-m meal period, followed by three consecutive days off, each
1ch sch�'le shall be assigned to work Monday through Thursday
1730 hours, unless an alternate schedule is approved in writing by
The practice of shift trading shall be voluntary on behalf of each employee involved in the trade. 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.
9F
If one individual fails to appear for the other (regardless of the reason), the person who was scheduled to
work as a result of the shift trade will be listed as absent without leave and may be subject to discipline.
Any premium pay or other extra compensation shall continue to accrue only to the person originally
entitled to the premium pay or extra compensation. Any hours worked beyond the normal work day will
be credited to the individual actually doing the work. "Paybacks" of shift trade are the obligation of the
two employees involved in the trade. Pay -backs are to be complete within one (1) calendar year of the
date of the initial shift trade. "e1 Ib1''
An dispute as to the a backs is to be resolved b the in Y P p Y y I y HAM ees, and under no circumstances
will the department be obligated for any further „ensation w ver to any of the involved
employees. The department is not responsible manner for hours . to employees by other
employees that leave the employment of the City o assigned o er duties. ord of all initial shift
trades and "paybacks" shall be maintain d by the invol p "on forms or c ,raters provided by
the Department. ��
Section 5: Early Reliefp�����@
The practice of earlys' ill ii be volun ' on pplIe�m�j��yee involved in the relief. The
employee providing t]Y ly relief t not ha v ! r con
co hours increased as a result of the
early relief; nor shall the a 'gee r �eg�dlI��II��eyyarly ha ps/her compensable hours decreased as a result of
the early rq "'"'1�Il lIM ,. R1911d
"Paybat lf early relief ]fV� are tii Neobligation of the two employees involved in the early relief.
Any disput be resolvedb invoIployees, and under no circumstances will the Department
be obligated for urther comp tion whatsoever to any of the involved employees. The Department
is not responsible manne r hours owed to employees by other employees who leave the
employment of the City , •,tl' • ed other duties.
37
ARTICLE THIRTEEN
GRIEVANCE PROCEDURE
Vernon has adopted a grievance procedure applicable to all Firefighters containing the following
principles:
A grievance shall be defined as an allegation by an employee or the Association of
misinterpretation, misapplication or violation of a particular provision of this MOU, City policy,
rule or past practice. The grievance procedure shall not beaf,'%ill in connection with an impasse in
collective bargaining, nor with disciplinary Itl
p ary actions or afters for which appeal procedures
exist under the Disicipline and Disciplinary Action§,I�a Npin, or pursuant to statute.
"Days" as used herein shall be defined for the
the City of Vernon is open to the public for the
Step 1 —Department Head
The aggrieved employee
days of the date the emgJ
grievance. The AssoOT&I
grievant does not initiate
If the Association or
five (5) days the grievant
of the Article as
which City Hall of
the Fire Chief within ten (10)
the incident giving rise to the
cd with the grievance if the
Within ten days, the Fire Chief, or the designee
to hear the grievance. Within five (5)
shall present his/her decision, in writing, to the
Human Resources Director and the City Administrator.
it satisfied with the result of the meeting with the Fire Chief, within
the matter be heard by the City Administrator or designee, or the
Association may choose to have the matter heard by an impartial hearing officer (arbitrator).
Should the matter be submitted directly to the City Administrator or designee, he/she shall meet with the
Association and/or employee(s) within ten (10) days of receipt of the grievant's written notice. If the
Association and/or employee(s) elects to have the matter heard by the City Administrator or designee, the
Association and/or employee(s) waives the right to have the matter heard by an arbitrator. Within five (5)
38
days of hearing the grievance, the City Administrator shall provide his/her decision, in writing, to the
Association and employee(s). The decision of the City Administrator shall be final and binding.
If the Association elects arbitration, costs of the arbitration shall be shared equally between the
Association and the City. A court reporter shall be retained only by mutual consent of the parties. The
costs of the arbitration, including the court reporter, shall be divided in half (i.e. 50/50) by the parties.
Attorney fees, staff time and witness fees shall not be shared between the parties and shall be paid by the
party that incurred the cost.
If the Association elects arbitration, the City shall request
American Arbitration Association, California State C
upon source within ten (10) days of the Associati�
alternately strike names from the list until a final n �fis
Association striking first. The selected arbitrator shalllml
proceedings arising under the Grievanc re shall be
of the Code of Civil Procedure of the Stat 1111h'Ymia.
Within ten (10) days ol�gfg�
his/her decision, in A
shall be advisory to the
final and b'
@ I ,
All tim�p � specifies
Should employe
contract language re
City and the VFMA a
the
�gjjQ arbitrators registered with the
icelPftpme other mutually agreed
Upon receipf ftp list, the parties shall
he hearing . er, with the
ing officer. bitration
by the provisions of Title 9, Part 3,
Administrator shall provide
of an arbitrator
decision of the City Administrator shall be
in tli iegoin""�� ,edure may be waived only by mutual written agreement.
gyp. I Op
Vernon Firemen's Association (VFA) amend their MOU
Procedures between July 1, 2014 and June 30, 2016, the
the VFMA MOU to incorporate such changes.
39
ARTICLE TEN
DISCIPLINE PROCEDURE
A. DISCIPLINARY ACTIONS
1. The tenure of every City employee shall be based on reasonable standards of personal conduct
and job performance. Failure to meet such standards shall be grout pr appropriate disciplinary action,
which shall be commensurate with the seriousness of th se and with consideration of the
employee's personnel file. Progressive discipline will be er, this does not preclude the City
from taking disciplinary action, up to and including to Rtion, for an� elII�n''t for which there is no prior
documentation as long as the disciplinary action isai ted and is based hat cause.
2. The following procedures shall be followed 'n the `' pent of the qk ment Director, an
employee has committed an act or omi at justifies ��The Department 1hctor or his/her
designee shall advise employees of co it 'sciplinary sshh in writing and allow the employee
an opportunity to respond to such charges r to r Anal actN,
a. thscipbYS hould bg cu. ''�' emm°'io ee's official
P �o p y personnel file.
Performance deficient ocument in the a es performMce evaluation as "does not meet
standards" may be the ba di action a employee fails to correct those performance
deficien�c�yi�; p e pe g� a is/he pervisor. To the extent possible, performance
deficie Poir other tau disc'�will be nted in the employee's personnel file.
b. on the City�living %j%prization from the employee, the City will provide the
Association wit Wrtten noti ' f discipline given to employees represented by Association. The
written notice of di' a will inform the employee that he/she has the right to consult with the
Association with regard fYi'i�° inary action being taken.
C. Nothing in this article shall preclude the Fire Chief or his/her designee from ordering an
employee to cooperate with other agencies involved in criminal investigations. If an employee fails to
comply with such an order, the employee may be officially charged with insubordination.
40
B. PRE -DISCIPLINARY PROCEDURES
Prior to the discipline of any permanent employee, the following procedures shall be followed. This
process shall not be applicable to performance evaluations or verbal counseling/reprimands.
Written Notice of Proposed Action
Written notice of the proposed disciplinary action shall be given to
include the proposed effective date of the discipline, a statemen
including the rule or standard of conduct allegedly violated 0
' r
being considered. mllR�.
Employee Review
The employee shall be supplied with a co �g y of the
disciplinary action is based. �WlI�1lll�11�1oli .
The notice of propose
respond orally, in wri
for the employee to state
employee :' 1 e
This dj be adjus
waiver o I ight to rest
upon. 1j
The Pre-Disciplin - 1
have a representative oi'l
investigation if the emplo,
the City's information leading to the discipline proposal.
Written Notice of Final Action
Such notice shall
ison(s) for the proposed action,
discipline and the charge(s)
upon whi"i %q, proposed
5yee must exercise the right to
the pre -disciplinary opportunity
the proposed action to be inappropriate. The
md, which shall not be fewer than five days.
respond by the assigned date will constitute a
lly considered before any final action is decided
,videntiary hearing. An employee has the right to
he conference. The City may conduct further
v information raises doubts as to the accuracy of
After consideration of the employee's response, or in the absence of a response, written notice of the final
disciplinary action shall be given to the employee. Such notice shall include essentially the same
41
information contained in the notice of proposed action, except that the employee's formal appeal rights
shall be stated.
Emereencies
When, in the opinion of the City, immediate disciplinary action is required to protect the health, safety or
welfare of the public, other employees or the employee himself, the employee may be suspended without
pay for up to five (5) days pending the processing of the notices
may be suspended with pay pending the completion of such inve
to determine if disciplinary action is to be taken. ;Ifthe cha
employee suspended without pay shall be entitledre' ' ei
back pay awards related to suspension, demotionschargc
Code §§ 3287 et. seq.
C. DISCIPLINARY APPEAL
in Section B of this article or
ns or hearings as may be required
allegations are not sustained, the
Vull back pay and benefits. All
I'Miude interest as set by Civil
The appeal process shall not be applicable �0 `A�� : robatio employees. The appeal process
shall not be applicable to ce evalua • s, or ve riman ytl
o
An employee desiring t . . eal the d' line shal ten (10) days after receipt of notice of discipline.
The employee's re uest for 1� I dresse a City Administrator and received in the
Human en. uma I es artment shall date stamp the employee's
appeaI rify the time f the al.
If, by the exp R of the (ten) 'h ay app,eriod, the employee does not file the appeal, unless good
cause for the fail hown, the ipline shall be considered conclusive and the right of appeal to have
been waived. If the eee fil imely appeal, an appeal hearing shall be established as follows:
1. The employee and th° 1Y shall jointly request the State Office of Administrative Hearings to
appoint an Administrative Law Judge (ALJ) to hear the appeal and to render a decision advisory
to the City Administrator. The City and Association will share equally share (i.e. 50/50) the
hearing -related expenses such as ALJ fees and court reporter fees, but excluding attorney fees,
expert witness(es) and staff time.
42
2. All appeal proceedings arising under this procedure shall be governed by the provisions of
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the California
Government Code.
3. All time limits specified in the procedure may be waived by mutual written agreement.
4. At the conclusion of the hearing, the ALJ will submit his/her findings to the City and the
employee. Within ten (10) days of receiving the ALJ's findings, the City Administrator shall
provide his/her decision, in writing, to the employee.
set forth which charges, if any, are sustained and the n
findings of fact and conclusions. The 4
of the employee to bring a proceeding
Should employees represented by the Vernon
language regarding Discipline Pri
VFMA agree to amend the VFMA
43
Administrator's decisions shall
;for. The opinion shall set forth
on is final, subject to the option
� ocedure sections 1094.5 and
MOU contract
City and the
ARTICLE ELEVEN
MANAGEMENT RIGHTS
Except as limited by the specific and express terms of this Memorandum of Understanding, the City
hereby retains and reserves unto itself all rights, powers, authority, duties and responsibilities conferred
on and vested in it by the laws and the Constitution of the State of * ornia and/or the United States of
America; provided, however, if the City's decision to exercise fights, powers, authority, duties and
responsibilities impacts the wages, hours and other to nditions of employment of unit
employees, the City shall be required to first meet and he on the i 'eland effect of such decision.
The City retains all its exclusive rights and an I Pr
iunder State and
exclusively retains its management rights, which nclu ut are:n'i'imi
A. The exclusive right to determine
B. Set standards
C.
G
H. Determine the
and expressly and
to:
departments, commissions, and
for employment and promotions.
to relieve its employees from duty for lawful reasons.
means and numbers and kinds of personnel by which government
operations are to be conducted.
I. Determine the content and intent of the job classifications.
J. Determine methods of financing.
K. Determine style and/or types of city -issued wearing apparel, equipment or technology to be used.
all
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 employees in accordance with requirements
O. Establish and modify productivity and performance
P. For just cause only, discharge, suspend, demo
benefits, or otherwise discipline employees iIIIA61
Q. Establish employee performance stand chiding, but not
standards, and to require compliance therewi Chu. A11161
R. Take all necessary actions to cagWlMhmission in
S. Exercise complete control and disc Oion� Wh
45
ermined by the City.
standards.
withhold salary increases and
,'cable state law.
mit � quality and quantity
the technology of performing
SIGNATURES
CITY OF VERNON VERNON FIRE MANAGEMENT ASSOCIATION
Mark C. Whitworth
David Lazar
APPROVED AND ADOPTED BY CITY COUNCIL ON
RESOLUTION NO.
ATTEST:
Ana Barcia, Deputy City Clerk
46
Dated:
TRANSMITTAL COMMUNICATION
OFFICE OF THE CITY CLERK
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
August 5, 2014
Vernon Fire Management Association
Attn: David Lazar, President
4305 Santa Fe Avenue
Vernon, CA 90058
Re: Vernon Fire Management Association - Memorandum of Understanding for the Period of
July 1, 2014 — June 30, 2016
Dear Mr. Lazar:
Please find enclosed a copy of the fully executed original Memorandum of Understanding
approved by City Council on July 15, 2014, through Resolution No. 2014-47.
If you have any questions regarding this matter, please call Mark Whitworth, at (323) 583-8811
ext. 398.
Very truly yours,
De Ju'ZI
arez —
Records Management Assistant
Enclosure
c: Michael Wilson
William Fox
Teresa McAllister
Mark Whitworth
Resolution No. 2014-47
Agreement No. 14-063
E�7,cfusive6i Industfid
FULLY EXECUTED AGREEMENT
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
VERNON FIRE MANAGEMENT ASSOCIATION
July 1, 2014 through June 30, 2016
Atwila&
FIRE
TABLE OF CONTENTS
MEMORANDUM OF UNDERSTANDING
Parties to the Memorandum of Understanding.......................................................... 5
ARTICLE ONE: FUNDAMENTALS
Section 1:
Recognition.............................................................................6
Section 2:
No Discrimination.....................................................................6
Section 3:
Mutual Cooperation....................................................................7
Section4:
Layoffs..................................................................................7
Section 5:
No Strikes or Lockouts................................................................7
Section 6:
City / VFMA Meetings.................................................................
7
Section 7:
Association Business...................................................................7
Section 8:
Association Leave.......................................................................8
Section 9:
Driver License Requirement...........................................................
8
Section 10:
Payroll Deduction.......................................................................8
ARTICLE TWO: LEGAL LIMITATIONS, SAVINGS CLAUSE & TERM
Section 1: Legal Limitations and Savings Clause............................................................. 9
Section 2: Maintenance of Existing Conditions..................................................9
Section 3: Modification and Waiver.................................................................................. 9
Section 4: Severability..............................................................................10
ARTICLE THREE: SALARIES
Section1: Salaries.............................................................................................................. 11
Section 2: Assistant Fire Chief........................................................................................... 11
1
Section 3: Battalion Chief/Fire Marshall......................................................... 12
Section 4: Fire Marshall..............................................................................12
Section 5: Merit Steps................................................................................ 13
Section 6: Salary Adjustment Increase.......................................................... 13
Section 7: Bilingual Pay............................................................................ 13
Section 8: Educational Incentive Pay................................................................ 13
Section 9: Chief Officer Certificate — Prior to July 1, 2014..................................... 14
Section 10: Chief Officer Certificate — After July 1, 2014....................................... 14
Section 11: Hazardous Materials Specialist Pay ................................................... 14
Section 12: Urban Search and Rescue Specialist Pay .............................................. 15
Section 13: Physical Fitness/Wellness Program ................................................... 15
Section 14: Computation of Pay.................................................................... 15
ARTICLE FOUR: LONGEVITY
Section
1:
Employees
Hired On or Before June 30, 1994.......................................
17
Section
2:
Employees
Hired After June 30, 1994................................................17
ARTICLE FIVE: OVERTIME
Section 1: Overtime Authorization................................................................ 18
Section 2: Compensatory Time......................................................................19
Section 3: Compensatory Time Payment upon Termination .................................... 19
Section 4: Usage of Compensatory Time Earned ................................................ 19
Section 5: Leave Inclusion.......................................................................... 19
Section 6: Training and Recertification............................................................ 20
Section 7: Call Backs................................................................................. 20
Section 8: Non-Compensable....................................................................... 20
2
ARTICLE SIX: UNIFORMS
Section 1:
Uniform Allowance.....................................................................
22
ARTICLE SEVEN: BENEFITS
Section 1:
Public Employees Retirement System.................................................23
Section 2:
Supplemental PERS Benefits...........................................................
23
Section 3:
Cafeteria Plan .............................................................................
24
Section4:
Medical...................................................................................
24
Section5:
Dental.....................................................................................
25
Section6:
Vision......................................................................................
25
Section 7:
Life Insurance.............................................................................
25
Section 8:
Deferred Compensation.................................................................
26
Section 9:
Education Reimbursement..............................................................
26
Section 10:
Other Employee Programs..............................................................
26
Section 11:
Retiree's Medical........................................................................
26
ARTICLE EIGHT: VACATION
Section 1: Vacation Time............................................................................ 28
ARTICLE NINE: HOLIDAYS
Section 1: "In Lieu" Holiday Time................................................................. 30
Section 2: "In Lieu" Holiday Time — Administrative Personnel ............................... 30
ARTICLE TEN: SICK LEAVE
Section 1: Sick Leave................................................................................. 32
3
Section 2: Sick Leave Conversion.................................................................. 33
ARTICLE ELEVEN — LEAVE BENEFITS
Section1: Jury Duty.................................................................................. 34
Section 2: Bereavement Leave..................................................................... 34
ARTICLE TWELVE: WORK SCHEDULE AND ABSENCES
Section 1: FLSA Work Period...................................................................... 36
Section 2: Work Schedules........................................................................... 36
Section4: Shift Trades............................................................................... 36
Section5: Early Relief.............................................................................. 37
ARTICLE THIRTEEN: GRIEVANCE PROCEDURE
Grievance Procedure Steps................................................................................ 38
ARTICLE FOURTEEN: DISCIPLINE PROCEDURE
Discipline Procedure ....................................................................................... 40
ARTICLE FIFTEEN: MANAGEMENT RIGHTS
ManagementRights......................................................................................... 44
SIGNATURE PAGE
Signatures.................................................................................................... 46
El
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
VERNON FIRE 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 Fire Management Association, (hereinafter "VFMA"), and except as otherwise specifically
provided herein shall apply only to those defined in the aforesaid Resolution as "full-time sworn and
regular part-time employees in the Fire Department management and confidential employees," otherwise
known as Chief Officers.
This MOU constitutes a joint agreement by the Municipal Employee Relations Representative ("MERR")
and the VFMA, 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 VFMA 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 VFMA and the
City of Vernon agree as follows:
5
ARTICLE ONE
FUNDAMENTALS
Section 1: Recoenition
The City recognizes the Vernon Fire Management Association as the exclusive recognized employee
organization on behalf of all full-time sworn, management personnel engaged in fire prevention,
suppression, administration and paramedic services within the City, including, but not limited to,
employees occupying the job classifications of Assistant Fire Chief, Battalion Chief, and Fire Marshall.
Section 2: No Discrimination
The City and the Association are committed to working together to support a work environment
characterized by fair treatment and access to equal opportunities
The provisions of this Memorandum of Understanding shall be applied equally to all employees covered
hereby. Neither the City nor the VFMA 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
VFMA.
The terms "they" and "their" may be used in this agreement as substitutes for the terms "his," "her,"
"his/her," "he," "she," or other terms which would indicate masculine or feminine gender. Whenever the
male gender is used herein it shall be construed to refer to both male and female employees
Except as limited by the specific and express terms of this Memorandum of Understanding, the
Association hereby retains and reserves unto itself all rights, powers, authority, duties and responsibilities
conferred on and vested in it by the laws and the Constitution of the State of California and/or the United
States of America. The parties specifically agree that neither VFMA nor any VFMA representative or
member shall be discriminated against, intimidated, coerced, disciplined or retaliated against because of
the lawful exercise of its or his rights, including, but not limited to, the right to participate in VFMA
activities, serve as a VFMA officer or director, or otherwise represent the interests of VFMA.
E
Section 3: Mutual Cooperation
The parties recognize the necessity of cooperating on matters of mutual concern and interest and agree to
work together to maximize the effectiveness of the Fire Department and the City and to accomplish goals
in their mutual interest.
Section 4: Lavoffs
In accordance with the Meyers-Milias Brown Act, the City and the VFMA shall meet and confer on the
effect of its actions to layoff any employee represented by the VFMA. This will occur prior to
implementation except in emergency circumstances as defined in law. The agreement to meet and confer
over the effect of the exercising of a City right shall not in any way impair the right of the City to exercise
and implement any of its rights to layoff.
Section 5: No Strikes or Lockouts
During the life of this agreement no work stoppages, strikes, or slowdowns shall be caused or sanctioned
by the VFMA, and no lockouts shall be made by the City.
Section 6: City/VFMA Meetings
Representatives from the VFMA and the City shall meet as needed to discuss issues of mutual concern.
Section 7: Association Business
Representatives of the VFMA shall be allowed time to conduct their Association business as necessary
during work hours. Representatives of the VFMA shall have reasonable access to the work sites of unit
employees at any time during the working hours to conduct Association business as long as such visits do
not unreasonably interfere with the conduct of the City's usual business and the employee's work.
Coordination of such work will be made with the Fire Chief to ensure the availability of staffing levels for
such meetings. Representatives of VFMA may use any Fire Department facilities free of charge for its
Board of Directors and general membership meetings provided such facility is not otherwise booked.
VFMA shall secure approval from the Fire Chief for the date and time it wishes to secure use of the
facility. The granting of such approval will be made if the City facility is not otherwise scheduled to be
used at the time of VFMA's request.
7
No unit employee shall engage in political activity while on duty or in uniform.
Section S: Association Leave
The VFMA President will have available to him/her a total of 240 hours of Association Leave Time at the
beginning of each calendar year for conducting Association business off duty during time he and/or any
of his Association board members would be regularly scheduled to work.
A. The VFMA President will be responsible for assigning any Leave Time to his board members.
Unused hours may not be carried over from one year to the next without the written authorization
of the Fire Chief or his designee.
B. In each case where Leave Time is requested, such request must be in writing to the Fire Chief a
minimum of 72 hours before the Leave Time is needed unless the minimum notice period is
waived in writing by the Fire Chief or his designee.
C. Association Leave Time will not be granted if it will cause overtime unless it is authorized in
writing by the Fire Chief or his designee.
D. In no case will Association Leave Time be used for political action purposes.
Section 9: Driver's License Requirement
Firefighters of all ranks from Assistant Fire Chief and below must maintain at the minimum a Class C
driver's license with a firefighter endorsement. Exceptions to this requirement must be approved in
writing by the Fire Chief.
Section 10: Payroll Deduction
The City shall, during the term of this agreement, effect a payroll deduction for membership dues, service
fees and other charges authorized pursuant to an executed form signed by the employee permitting such
deductions. Any payroll deductions collected by the City shall be transmitted on a biweekly basis to the
treasurer of the Association, or such other party designed in writing by the Association. The City shall not
be obligated to put into effect any new, changed, or discontinued deduction until the first pay period
commencing not more than thirty (30) days after receiving the request. This provision shall remain
operative as long as VFMA is the exclusive recognized employee organization of unit employees.
E3
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: 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 3: 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
Firefighters Procedural Bill of Rights Act.
Q
Section 4: 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.
10
ARTICLE THREE
SALARIES
Section 1: Salaries
Effective the beginning of the pay period containing July 1, 2014, the following salary ranges are
established for employees represented by the VFMA based upon the results of the City wide classification
and compensation study at the 75t' percentile, and consistent with the proposed grade and step pay plan.
Effective July 1, 2014, VFMA employees shall be placed at the grade and step that is closest to, but not
lower than their current base salary.
Section 2: Assistant Fire Chief
Effective June 29, 2014, (the beginning of the pay period including July 1, 2014)
Step 1
$12,587
Step 2
$13,217
Step 3
$13,878
Step 4
$14,572
Step 5
$15,300
Effective the beginning of the pay period including January 1, 2015 the base monthly salary of an
Assistant Fire Chief shall be increased by 1.5% as follows:
Step 1
$12,776
Step 2
$13,415
Step 3
$14,086
Step 4
$14,791
Step 5
$15,530
Effective the beginning of the pay period including July 1, 2015 the base monthly salary of an Assistant
Fire Chief shall be increased by 1.5% as follows:
Step 1
$12,968
Step 2
$13,616
Step 3
$14,297
Step 4
$15,013
Step 5
$15,764
11
Section 3: Battalion Chief
Effective June 29, 2014 (the beginning of the pay period including July 1, 2014)
Step 1
$10,874
Step 2
$11,417
Step 3
$11,988
Step 4
$12,587
Step 5
$13,217
Effective the beginning of the pay period including January 1, 2015 the base monthly salary of a Battalion
Chief shall be increased by 1.5% as follows:
Step 1
$11,037
Step 2
$11,588
Step 3
$12,168
Step 4
$12,776
Step 5
$13,415
Effective the beginning of the pay period including July 1, 2015 the base monthly salary of a Battalion
Chief shall be increased by 1.5% as follows:
Step 1
$11,203
Step 2
$11,762
Step 3
$12,351
Step 4
$12,968
Step 5
$13,616
Section 4: Fire Marshall
Effective June 29, 2014 (the beginning of the pay period including July 1, 2014)
Step 1
$8,520
Step 2
$8,946
Step 3
$9,393
Step 4
$9,863
Step 5
$10,356
Effective the beginning of the pay period including January 1, 2015, the base monthly salary of a Fire
Marshall shall be increased by 1.5% as follows:
Step 1
$8,648
Step 2
$9,080
Step 3
$9,534
Step 4
$10,011
Step 5
$10,511
12
Effective the beginning of the pay period including July 1, 2015, the base monthly salary of a Fire
Marshall shall be increased by 1.5% as follows:
Step 1
$8,778
Step 2
$9,216
Step 3
$9,677
Step 4
$10,161
Step 5
$10,669
Section 5:
Merit Steps
Effective the beginning of the pay period including July 1, 2015, employees who in the discretion of the
Fire Chief and in accordance with the City's Performance Evaluation Policy, have attained one year of
satisfactory service as of their immediately preceding classification anniversary date shall receive a one-
time 5% merit increase during the term of this contract. Future promotion or salary increases to any said
grade shall remain the sole discretion of the City Council. The July 1, 2015 merit increase shall not alter
the employee's actual classification anniversary date.
Section 6: Salary Adiustment Increase
In the event there is a salary inequity between ranks or between employees within the Department, the
Fire Chief, with approval of the City Administrator, may implement a service adjustment increase up to
ten percent (10%) per month of their base salary.
Section 7: Bilingual Pav
A unit 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 incentive pay.
Section 8: Education Incentive Pav
A unit employee who has completed his/her initial hire probationary period and who holds a fire science
certificate or has completed course equivalent thereto (i.e., 30 units of fire science related courses) shall
13
receive an additional three percent (3%) per month of their base salary after satisfactory completion of
his/her evaluation period.
A unit employee who holds an AA or AS Degree in Fire Science or Fire Technology with completion of
five (5) years of uninterrupted service with the Fire Department shall receive an additional three percent
(3%) per month of his/her base salary.
The above education incentive pay is cumulative for a maximum of 6%. Said payment shall not be
considered to be part of the employee's base monthly salary when computing education incentives.
Should employees represented by the Vernon Firemen's Association (VFA) receive across -the board
enhancements to the existing Education Incentive Pay between July 1, 2014 and June 30, 2016, a like
enhancement will be provided to employees represented by the VFMA.
Section 9: Chief Officer Certificate — Employees promoted prior to July 1, 2014 .
Effective July 1, 2014, VFMA employees who were promoted to a Fire management position prior to
July 1, 2014 and hold a Chief Officer Certificate, or have completed coursework equivalent thereto (i.e.,
California State Fire Training Professional Certification Track for Chief Officer) shall receive an annual
education incentive stipend in the amount of $2,000, in two equal, semi-annual installments. The first
installment of $1,000 shall be paid with the first paycheck in January, and the second installment of
$1,000 shall be paid with the first paycheck in July.
Section 10: Chief Officer Certificate —Employees promoted on or after July 1, 2014
Effective July 1, 2014, VFMA employees who were promoted on or after July 1, 2014 and hold a Chief
Officer Certificate shall receive an annual education stipend in the amount of $2,000, in two equal, semi-
annual installments. The first installment of $1,000 shall be paid with the first paycheck in January, and
the second installment of $1,000 shall be paid with the fast paycheck in July.
Section 11: Hazardous Materials Specialist Pav
A unit employee certified as a Hazardous Materials Specialist shall receive special compensation of one
hundred and twenty-five dollars ($125.00) per month above their base pay. The City shall, as
expeditiously as possible, send each unit employee to all training necessary to achieve accreditation as a
Hazardous Materials Specialist. Said payment shall not be considered to be part of the employee's base
monthly salary when computing incentive pay.
14
Should employees represented by the Vernon Firemen's Association (VFA) receive across -the board
enhancements to the existing Hazardous Materials Specialist Pay between July 1, 2014 and June 30,
2016, a like increase will be provided to employees represented by the VFMA.
Section 12: Urban Search and Rescue (USAR) Pay
A unit employee certified as a USAR Specialist shall receive special compensation of one hundred and
twenty-five dollars ($125.00) per month above their base pay. The City shall, as expeditiously as possible,
send each unit employee to all training necessary to achieve accreditation as a USAR Specialist.
Said payment shall not be considered to be part of the employee's base monthly salary when computing
incentive pay.
Should employees represented by the Vernon Firemen's Association (VFA) receive across -the board
enhancements to the existing USAR Pay between July 1, 2014 and June 30, 2016, a like increase will be
provided to employees represented by the VFMA.
Section 13: Physical Fitness/Wellness Proeram
This program is mandatory for all fire safety personnel. Any individual who after one (1) year of
participation has completed a pre-program fitness evaluation, minimum participation requirements, bi-
annual fitness evaluations and verification of participation by the Fire Chief will receive two hundred fifty
dollars ($250.00). The Physical Fitness/Wellness program is attached hereto as Attachment "A", and
incorporated herein.
Section 14: Computation of Pay
A. Unit employees assigned to a 40-hour work week shall be paid on an hourly basis. The hourly
rate shall be the product of dividing the monthly salary by 173.3. Upon being assigned to a 40-
hour schedule an employee's accrued leave shall be reduced by a factor of 1.4 and paid to the
employee upon use or separation at the employee's 40-hour regular rate of pay. Upon being
reassigned to a 56-hour schedule, all such accrued leave shall be increased by a factor of 1.4.
B. 56-hour platoon personnel
Unit employees assigned to a fifty-six (56) hour work week would be paid a widely fluctuating
amount each pay period if they were paid for hours actually worked; therefore, such employees
shall be paid for the average number of hours in a two (2) week period, one hundred and twelve
15
(112) hours. Exceptions for leave without pay hours shall be reported and deducted from the
average when pay is computed. The "Exception Report" shall be in a form approved by the City
Administrator.
S
ARTICLE FOUR
LONGEVITY
Section 1: Employees Hired On or Before June 30,1994
Upon attaining 5 years of service with the City of Vernon........................5%
above base pay
Upon attaining 10 years of service with the City of Vernon ...........................10%
above base pay
Upon attaining 15 years of service with the City of Vernon.....................15%
above base pay
Upon attaining 20 years of service with the City of Vernon.....................20%
above base pay
Upon attaining 30 years of service with the City of Vernon
an Assistant Fire Chief, Battalion Chief, or Fire Marshall ........................25%
above base pay
Section 2: Employees Hired After June 30, 1994 and before December 31, 2013
Upon attaining 5 years of service with the City of Vernon ........................5% above base pay
17
ARTICLE FIVE
OVERTIME
Section 1: Overtime Authorization
All overtime requests must have prior written authorization of a supervisor prior to the commencement of
such overtime work. Where prior written authorization is not feasible, explicit verbal authorization must
be obtained. Dispatched calls extending beyond the end of duty time are considered as authorized.
A. Policy
It shall be the policy of the Vernon Fire Department to honor personnel requests for time off
when possible, and distribute overtime opportunities in a fair and equitable manner to all
members. It shall be the Department's priority to maintain essential staffing levels when
arranging coverage.
B. Order of Filling Vacancies
Overtime vacancies will be filled on a rank -for -rank basis by first referring to the list of personnel
in the same rank as the vacancy who have signed up for overtime availability for that day. The
individual in the same rank with the least overtime worked that calendar year will have the first
opportunity to work the overtime vacancy.
If that employee does not elect to work the overtime shift, the person in the same rank as the
vacancy with the next least amount of overtime worked that calendar year will have the next
opportunity. This process will be followed until the overtime vacancy is filled or the list of
personnel within the same rank as the vacancy is exhausted.
In the event the vacancy is unfilled, the same process will be used for those personnel who have
signed up as available to work overtime that day who are qualified to act in the rank in which the
vacancy exists. If that list is also exhausted and the vacancy is not filled, the person that is not
presently working and that is of the same rank as the vacancy with the least mandated overtime
worked that calendar year shall be mandated to work the overtime shift.
C. What Overtime Vacancies Will Be Filled
a. Any vacancy in the Battalion Chief rank that is the result of an employee using vacation leave
shall be filled first by a Battalion Chief. If a Battalion Chief is unable to fill the position then
an Acting Battalion Chief from the established Acting List will fill the position.
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b. A vacancy that is the result of an employee using sick leave may be filled at the discretion of
the Fire Chief.
Section 2: Compensatory Overtime
A. For fire suppression employees having an average work week of 56 hours, compensatory time
shall accumulate at the premium rate of one and one-half (1 %2) hours of compensatory time for
each one (1) hour of overtime actually worked in excess of the employee's regular scheduled
working hours for a 24 day work cycle.
B. For employees having an average work week of forty (40) hours, compensatory time shall be
accumulated at the premium rate of one and one-half (1 '/2) hours of compensatory time for each
one (1) hour of overtime actually worked during the employee's regular work week up to a
maximum accrual of 480 hours.
Section 3: Compensatory Time Payment upon Termination
Employees shall be entitled to receive payment for all accumulated compensatory time upon their
termination.
Section 4: UsBQe of Compensatory Time Earned
Accumulated compensatory time off may be taken by an employee in the same manner as vacation time
as described in Article Eight of this MOU.
Section 5: Leave Inclusions
A. In determining an employee's eligibility for overtime compensation in a work period, paid leaves
of absence will be included in the total number of hours worked. Paid leaves of absence include,
but are not limited to, the following:
1. Vacation
2. Holiday Leave / In -Lieu Leave
4. Administrative Leave
5. Compensatory Leave
6. Workers' Compensation Leave (4850 time)
7. Jury Duty
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8. Bereavement Leave
9. Military Leave
B. Sick Leave - In determining an employee's eligibility for overtime compensation, sick leave shall
not be included in calculating the total number of overtime hours worked in a 7-day work week.
At the time of MOU ratification, the implementation of this provision was still being analyzed. If
the City confirms that calculation based on a 7-day work week is enforceable under the Fair
Labor Standards Act, this provision will be implemented after the City provides the VFMA
written notice of its confirmation, and a date certain on which this provision will take effect. If
this provision is found to be unenforceable, the City and the Association agree to a re -opener to
discuss the exclusion of sick leave counting towards overtime within a work week.
Section 6: 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 or authorized for overtime by the Fire Chief.
Section 7: Call Backs
Call Back duty occurs when an employee is ordered to return to duty on a non -regularly scheduled work
shift. Call back does not occur when an employee is held over from his/her prior shift or is working prior
to his/her regularly scheduled shift.
An employee called back to duty shall be credited with a minimum of four (4) hours work. Any hours
worked in excess of four (4) hours shall be credited on an hour -for -hour basis (at time and one-half
compensation) for actual time worked.
When an employee is called back, his/her work time shall be credited commencing upon the time the
employer has made direct contact with the employee.
Section 8: Non-Comoensable
A. City Vehicle Use —Unit employees who are provided with a City vehicle to travel to and from
work shall not be compensated in any manner whatsoever for travel time to and from work.
20
B. Clothes/Uniform Changing Time —Unit employees are not authorized to wear their uniforms or
any part thereof that is distinguishable as such unless on duty. Each employee is provided with a
locker for his/her personal convenience. Any employee may utilize or not utilize the locker for
storage and changing purposes at his/her own discretion.
Nothing herein prevents an employee from wearing his/her uniform to and/or from his/her
residence to work as long as the badge and insignia are covered in a non -unit issue garment such
as a windbreaker.
Time spent changing clothes before or after shift is not considered hours worked and is not
compensable in any manner whatsoever.
An employee shall be allowed to make off duty presentations without compensation in uniform
upon the approval of the Fire Chief.
21
ARTICLE SIX
UNIFORM ALLOWANCE
Section 1: Uniform Allowance
On the first pay check in August of each year, each unit employee shall be paid the sum of One Thousand
Dollars ($1000.00) for the purchase of uniforms. A unit employee hired by the City shall receive an initial
issue of uniforms. Uniform allowance is special compensation that shall be deemed earned when paid and
shall be reported to CalPERS as compensation earnable.
The City shall provide all unit employees all required safety equipment, including, but not limited to,
work boots.
P%
ARTICLE SEVEN
BENEFITS
Section 1: Public Employee Retirement System (f°PERS")
The City shall maintain its contract with the California Employees Public Retirement System (CaIPERS)
that provides VFMA unit employees with the three percent (3%) at 50 safety retirement benefit plan.
As a result of the recent passage of AB 340 Public Employee Pension Reform Act (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 CaIPERS retirement benefit plan.
Unit members identified as CaIPERS "Classic Members" shall be responsible for paying their CaIPERS
nine percent (9%) employee's contribution. Unit members identified as "New Members" under the
CaIPERS definition as a result of PEPRA shall be responsible for paying their applicable CaIPERS
employee's contribution.
Section 2: Supplemental PERS Retirement Benefits
The City agrees to provide additional supplemental retirement benefits to VFMA unit employees under
CaIPERS as follows:
• Gov't Code Section: 20042 — One Year Final Compensation:
Final compensation is the average full-time monthly pay rate for the highest twelve (12)
consecutive months.
• Gov't Code Section: 20124 - Military Service Credit as Public Service:
Employees may elect to purchase up to four (4) years of service credit.
• Gov't Code Section: 21574 — 4th Level of 1959 Survivor Benefits:
• Gov't Code Section: 21624 & 21626 & 21628 - Post Retirement Survivor Allowance:
Provides surviving spouse fifty percent (50%) of the amount of retirement allowance, dependent
on option choices, that is in effect at the time of death of retiree.
• Pre -Retirement Option 2W Death Benefit 21548
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• Gov't Code Section: 20965-Credit for Unused Sick Leave
Section 3: Cafeteria Plan
The City and Association agree to a section 125 cafeteria plan (non-cashout), effective January 1,
2015. The City will adhere to the cafeteria plan requirements in accordance with IRS Section 125
regulations. In the event an employee does not exceed his/her monthly employer medical allowance,
the employee shall be allowed to use any unused monthly allowance toward the purchase of
supplemental or ancillary plans offered through the City and approved by the Director of Human
Resources.
Section 4: Medical:
The City offers various medical plans to employees. The City reserves the right to select, administer, or
fund any fringe benefit programs involving insurance that now exist or may exist in the future.
The City shall meet with the Association prior to any change of insurance carrier or method funding
coverage for any fringe benefits listed in this article.
A. For unit employees enrolled in either the HMO or PPO (non-HSA) medical plans, the City shall
pay monthly 100% of the cost of the plan for employees and eligible dependents, not to exceed
$1,100 per month. The cost of any plan selected by the employee that exceeds $1,100 shall be
paid by the employee through a pre-tax deduction.
B. For unit employees enrolled in the HSA PPO plan, the City shall pay monthly 100% of the cost
of the plan for employees and eligible dependents, not to exceed $850 per month. In addition, for
each employee enrolled in an HSA 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 HSA PPO plan selected by the employee that
exceeds $850 shall be paid by the employee through a pre-tax payroll deduction
C. Should employees represented by the Vernon Firemen's Association (VFA) receive
across -the board enhancements to the existing medical benefit program between July 1,
2014 and June 30, 2016, a like increase will be provided to employees represented by the
VFMA.
24
Section 5: Dental
The City of Vernon offers a dental insurance plan to employees. Employees may apply any unused
portion of their monthly medical allowance toward the purchase of dental insurance for themselves and
eligible dependents. The cost of any plan selected by the employee that exceeds his/her monthly
employer medical allowance shall be paid by the employee through a pre-tax payroll deduction.
Should employees represented by the Vernon Firemen's Association (VFA) receive across -the board
enhancements to the existing dental benefit program between July 1, 2014 and June 30, 2016, a like
increase will be provided to employees represented by the VFMA
Section 6: Vision:
The City of Vernon provides a vision care plan to employees. The City shall pay 100% of the cost of such
a plan for employees only. Employees shall have the option of purchasing vision care for their dependents
at a cost of $6.95 for one dependent or $13.95 for two or more dependents. Employees may purchase
dependent coverage through the City by pre-tax payroll deduction and/or applying any unused portion of
the City's monthly medical allowance.
Should employees represented by the Vernon Firemen's Association (VFA) receive across -the board
enhancements to the existing vision benefit program between July 1, 2014 and June 30, 2016, a like
increase will be provided to employees represented by the VFMA
Section 7: Life Insurance:
The City provides a life insurance plan to employees. The City shall pay 100% of the cost of such plan for
employees.
The City's agreement to pay full or partial costs of said premiums shall not create or ripen into a vested
right for said employee; however, the City shall be obligated to pay the cost or provide said medical,
dental, vision, and life insurance benefits as described so long as this MOU remains in effect,
25
Section 8: Deferred Compensation
The City shall continue to administer the existing 457 deferred compensation program for all unit
employees.
Section 9: Education Reimbursement
The educational reimbursement program is a financial assistance program that offers reimbursements for
tuition, fees and books up to a maximum of $2,200 per fiscal year. The fiscal year is July 1 through June
30. Employees are eligible for this assistance after 12 months of uninterrupted employment with the City
of Vernon.
A grade of "C" or better (or "pass" if on a pass/fail basis) is required for reimbursement. A request for
reimbursement must be made within 60 days of receipt of grades and should include the following: a copy
of the final grade report, a copy of expenses for tuition, fees, and books; and a completed and signed
tuition reimbursement form.
Sectionl0: Other City Employee Proerams
VFMA unit employees are eligible to participate in all City -sponsored programs passed by City Council
Resolutions that are intended to benefit all employees in the areas of, but not limited to, the following:
• Buy back of military leave for PERS retirement time —Gov't Code 21024
• Computer loan purchase plan—Resolution-2011-67
• Life insurance
• Corrective eye surgery plan —Resolution 2011-65
• Hearing aid device plan —Resolution 2011-66
• Family Medical Leave Act (FMLA)
• Flexible Spending Account (FSA)
Section 11: 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 HMO medical and dental insurance
premium for the employee and his/her eligible spouse in the classifications represented by the Vernon
26
Firemen Management Association who have been employed for a minimum of twenty (20) years of
continuous service with the City of Vernon. The maximum $1,100 City contribution shall be applied
only toward a city provided HMO medical and dental premium plan payment and shall have no cash
surrender value. The City will pay the cost of the HMO medical and dental premiums for those retired
employees with qualifying years of service and age requirements, and offer the PPO as a "buy -up" option,
for which qualifying retired employees shall be responsible for the difference in premium cost.
The City's contribution toward the Retiree HMO 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 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.
27
ARTICLE EIGHT
VACATION
Section 1: Vacation Time
A. Annual Accrual For 56-Hour Personnel
• 9 years or less: 13 shifts (12 hours per pay period)
• 10 - 24 years: 15 shits (13.85 hours per pay period)
• 25 or more: 16 shifts (14.77 hours per pay period)
B. Annual Accrual for 40 Hour Personnel
• 9 years or less: 120 hours (4.62 hours per pay period)
• 10 — 24 years: 160 hours (6.16 hours per pay period)
• 25 or more: 170 hours (6.54 hours per pay period)
C. Policy
A Maximum of 1 platoon personnel per shift shall be permitted off on vacation leave.
D. Carry Over of Vacation Leave
Employees are permitted to carry-over one year's annual accrual from calendar year to calendar
year. At the end of every calendar year, employees who have accrued vacation hours in excess of
their permitted carry-over shall be paid their regular rate of pay of all such excess hours.
Section 2: Vacation Leave — Administrative Personnel
At the time an employee is transferred to the administrative work schedule, his or her vacation leave
balance shall be converted from the suppression work schedule rate to the administrative work schedule
rate by dividing the accrued balances by 2.4 (example: 90 hours of suppression vacation time - 2.4 =
37.50 hours of administrative vacation time). Said converted balances shall be available for employee's
use while assigned to the administrative work schedule in accordance with applicable policies.
At the time an employee is returned to the suppression work schedule, his or her vacation leave balance
shall be converted back to suppression hours by multiplying the hours by 2.4 (example: 37.50 hours of
administrative vacation time X 2.4 = 90 hours of suppression vacation time). Said converted balances
M.
shall be available for employee's use while assigned to the suppression work schedule in accordance with
applicable policies.
Should an employee separate during the time of their administrative assignment, the accrued balance shall
be converted back to suppression hours by multiplying the administrative hours by 2.4 and paid out at the
suppression hourly rate. (example: 37.50 hours of administrative vacation time X 2.4 = 90 hours of
suppression vacation time).
29
ARTICLE NINE
HOLIDAYS
Section 1: In Lieu Holidays
Unit employees shall be credited with three (3) 24-hour holiday "in lieu" shifts (72 hours total) per year.
"In lieu" holidays will be credited to each employee on each July 1 in which he/she is on the active
payroll of the Department in a classification represented by the VFMA and must be taken prior to the
immediately following July 1.
In lieu" holidays may be taken on dates desired by the employee subject to the needs of the Vernon Fire
Department.
Any accrued, unused hours shall be paid at the employee's regular rate of pay, computed in accordance
with the applicable Salary Resolution of Vernon, in the pay period inclusive of June 30'h._An employee
who quits or is terminated shall not be entitled to any compensation for "in lieu" holidays not taken unless
previously denied.
Should employees represented by the Vernon Firemen's Association (VFA) receive across -the board
enhancements to the existing In -Lieu Holidays between July 1, 2014 and June 30, 2016, a like
enhancement will be provided to employees represented by the VFMA.
Section 2: In -Lieu Holiday Time — Administrative Personnel
At the time an employee is transferred to the administrative work schedule, his or her balance of In -Lieu
Time shall be suspended and unavailable for use or cash out.
While an employee is assigned to the administrative work schedule (40-hour work week):
1) His or her In -Lieu Holiday Time balance shall remain unavailable for use or cash out until such
time as he or she returns to the suppression work schedule (56-hour work week).
2) He or she shall not receive hi -Lieu Holiday Time
3) He or she shall be entitled to the City's holiday pay for each holiday he or she is regularly
scheduled to work as authorized by the City Council.
At the time an employee is returned to the suppression work schedule, his or her suspended In -Lieu
Holiday Time shall be reinstated for use or cash out in accordance with the memorandum of
understanding.
30
In accordance with Resolution No. 2012-212, Section 13: In Lieu Holidays, an employee who quits or is
terminated shall not be entitled to any compensation for "in lieu" holidays not taken unless previously
denied.
If the City Council, during the fiscal year, provides one or more additional holidays to the miscellaneous
employees, that shall not affect the number of "in lied' holidays for the employees represented by the
WVUV .a
31
ARTICLE TEN
SICK LEAVE
Section 1: Sick Leave
Unit employees only receive sick leave accrual while they are in a paid status.
A. Platoon personnel accrue sick time at the rate of 5.54 hours per pay period (144 hours annually).
Upon reaching the cap, employees will continue to accrue sick leave provided, however, in the
final pay period in December each year all accrued sick leave in excess of 1440 hours shall be
cashed in at fifty percent (50%) of the employee's regular rate of pay.
B. Forty -hour (40-hour) personnel accrue sick time at a rate of 3.96 hours per pay period (103 hours
annually). Upon reaching the cap, employees will continue to accrue sick leave provided,
however, in the final pay period in December each year all accrued sick leave in excess of 1029
hours shall be cashed in at fifty percent (50%) of the employee's regular rate of pay.
C. If an employee separates or terminates employment with the City, they shall be compensated for
any accrued sick leave hours at the time of separation up to the cap. Employees that separate from
service with more than 20 years of service credit will be compensated at 100% of their current
pay rate applied to the first 672 sick leave hours (480 hours for 40-hour personnel) and 50% for
sick leave hours after that up to the cap. Employees with less than 20 years of service will be
compensated at 50% of their then current pay rate. Employees shall have the option of obtaining
service credit for their accrued, unused sick leave hours instead of a cash payment pursuant to
California Government Code Section 20965.
D. An employee who is absent on sick leave for more than two (2) consecutive shifts may be
required by his or her supervisor to provide a doctor's note in order to be paid for the sick leave.
Should employees represented by the Vernon Firemen's Association (VFA) amend their MOU contract
language regarding Sick Leave between July 1, 2014 and June 30, 2016, the City and the VFMA agree to
amend the VFMA MOU to incorporate such changes.
32
Section 2: Sick Leave Conversion
At the time an employee is transferred to the administrative work schedule, his or her sick leave balance
shall be converted from the suppression work schedule rate to the administrative work schedule rate by
dividing the accrued balance by 1.4 (example: 112 hours of suppression sick leave _ 1.4 = 80 hours of
administrative sick time). Said converted balances shall be available for employee's use while assigned to
the administrative work schedule in accordance with applicable policies.
At the time an employee is returned to the suppression work schedule, his or her sick leave balance shall
be converted back to suppression hours by multiplying the hours by 1.4 (example: 80 hours of
administrative sick time X 1.4 =112 hours of suppression vacation time). Said converted balances shall
be available for employee's use while assigned to the suppression work schedule in accordance with
applicable policies.
Should an employee separate during the time of their administrative assignment, the accrued balance shall
be converted back to suppression hours by multiplying the administrative hours by 1.4 and paid out at the
suppression hourly rate. (example: 80 hours of administrative sick time X 1.4 = 112 hours of
suppression sick time).
33
ARTICLE ELEVEN
LEAVE BENEFITS
Section 1: Jury Duty
A. All regular full-time employees summoned to serve on jury duty shall be provided "Jury Duty
Pay" and there shall be no loss of compensation. An employee will be compensated up to two
weeks at full pay for jury duty. The employee must provide notice of the expected jury duty to
his or her supervisor as soon as possible, but in no case later than 14 calendar days before the
expected start date of the jury duty.
B. An employee on call for jury duty is expected to report to work. An employee who is called in
for jury duty will be required to return to work as soon as they are released from jury duty. All
employees shall obtain verification of the hours of jury duty performed using verification forms
as may be supplied by the court.
C. Except as herein provided, employees shall remit to the City any compensation received for those
days while on jury duty and shall receive regular pay for the time served. Employees shall be
reimbursed by the City for the mileage portion of the jury duty compensation. Jury duty
performed on an employee's regular day off shall not be compensated by the city and the
employee shall be entitled only to the court's compensation for duty performed on such
employee's regular day off.
D. If an employee is required to serve on a jury for a period longer than two weeks, the employee
shall be entitled, at the employees' option, to use any accrued leave time, other than sick time,
during the period of extended jury service. The employee shall continue to receive all paid
benefits, and shall continue to accrue eligible leave benefits.
Section 2: Bereavement Leave
When an employee is compelled to be absent from duty by reason of death or critical illness (where death
appears imminent) of a member of the employee's immediate family (father, mother, brother, sister,
spouse, domestic partner, children, mother-in-law, father-in-law, grandmother, grandfather, grandmother -
in -law, grandfather -in-law, grandchildren), such person will be permitted, subject to the Fire Chiefs
approval, to a leave of absence with pay of up to forty-eight (48) hours over two shifts, which need not be
34
consecutive. An employee shall not be granted paid Bereavement Leave for more than 48 hours in any
six-month period for the same family member.
Employees will be allowed to utilize their vacation time, any compensatory time, or any "in lieu" holiday
time that is due to the employee, in order to lengthen such bereavement time.
The employee shall furnish satisfactory evidence of such death or critical illness to the Fire Chief, if
requested.
35
ARTICLE TWELVE
WORK SCHEDULE
Section 1: FLSA Work Period
The FLSA work period for unit employees assigned to a daily work schedule of twenty four (24) hours
shall be a fixed and regularly recurring work period of twenty-four consecutive days (576 hours).
Section 2: Work Schedules
A. Platoon Personnel
Unit employees assigned to a 56-hour work week shall work a 48/96 work schedule that consists
of two consecutive 24-hour shifts followed by 96 consecutive hours off, on a rotating three
platoon basis (A, B & C Platoon). Employees that work such schedule average 56 hours a week
and 112 hours per pay period.
Unit employees assigned to work a 48/96 schedule shall begin work at 0700 hours and terminate
at 0700 hours following two 24-hour periods.
B. 40-Hour Personnel
Unit employees assigned to work a 40-hour work week shall be assigned to a 4/10 schedule that
consists of four (4) consecutive work days of ten (10) consecutive work hours each, inclusive of
paid breaks and an unpaid 30-minute meal period, followed by three consecutive days off, each
week. Unit employees on such schedule shall be assigned to work Monday through Thursday
between the hours of 0600 to 1730 hours, unless an alternate schedule is approved in writing by
the Fire Chief and VFMA.
Section 3: Shift Trades
The practice of shift trading shall be voluntary on behalf of each employee involved in the trade. 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.
36
If one individual fails to appear for the other (regardless of the reason), the person who was scheduled to
work as a result of the shift trade will be listed as absent without leave and may be subject to discipline.
Any premium pay or other extra compensation shall continue to accrue only to the person originally
entitled to the premium pay or extra compensation. Any hours worked beyond the normal work day will
be credited to the individual actually doing the work. "Paybacks" of shift trade are the obligation of the
two employees involved in the trade. Pay -backs are to be completed within one (1) calendar year of the
date of the initial shift trade.
Any dispute as to the paybacks is to be resolved by the involved employees, and under no circumstances
will the department be obligated for any further compensation whatsoever to any of the involved
employees. The department is not responsible in any manner for hours owed to employees by other
employees that leave the employment of the City or are assigned other duties. A record of all initial shift
trades and "paybacks" shall be maintained by the involved employees on forms or computers provided by
the Department.
Section 5: Early Relief
The practice of early shift relief shall be voluntary on behalf of each employee involved in the relief. The
employee providing the early relief shall not have his/her compensable hours increased as a result of the
early relief; nor shall the employee relieved early have his/her compensable hours decreased as a result of
the early relief.
"Paybacks" of early relief hours are the sole obligation of the two employees involved in the early relief.
Any dispute is to be resolved by the involved employees, and under no circumstances will the Department
be obligated for any further compensation whatsoever to any of the involved employees. The Department
is not responsible in any manner for hours owed to employees by other employees who leave the
employment of the City or are assigned other duties.
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ARTICLE THIRTEEN
GRIEVANCE PROCEDURE
Vernon has adopted a grievance procedure applicable to all Firefighters containing the following
principles:
A grievance shall be defined as an allegation by an employee or the Association of
misinterpretation, misapplication or violation of a particular provision of this MOU, City policy,
rule or past practice. The grievance procedure shall not be used in connection with an impasse in
collective bargaining, nor with disciplinary actions or other matters for which appeal procedures
exist under the Discipline and Disciplinary Actions article herein, or pursuant to statute.
DAYS
"Days" as used herein shall be defined for the purposes of the Article as any day in which City Hall of the
City of Vernon is open to the public for the general conduct of business.
Step 1— Department Head
The aggrieved employee shall present orally or in writing his grievances to the Fire Chief within ten (10)
days of the date the employee(s) knew or reasonably should have known of the incident giving rise to the
grievance. The Association and/or employee(s) waives the right to proceed with the grievance if the
grievant does not initiate the procedure by this deadline. Within ten days, the Fire Chief, or the designee
of the Fire Chief, shall meet with the Association and employee(s) to hear the grievance. Within five (5)
days of hearing the grievance, the Fire Chief or designee shall present his/her decision, in writing, to the
Association and employee(s) with copies to the Human Resources Director and the City Administrator.
Step Two - City Administrator/Advisory Arbitration
If the Association or employee(s) is not satisfied with the result of the meeting with the Fire Chief, within
five (5) days the grievant may request the matter be heard by the City Administrator or designee, or the
Association may choose to have the matter heard by an impartial hearing officer (arbitrator).
Should the matter be submitted directly to the City Administrator or designee, he/she shall meet with the
Association and/or employee(s) within ten (10) days of receipt of the grievant's written notice. If the
Association and/or employee(s) elects to have the matter heard by the City Administrator or designee, the
Association and/or employee(s) waives the right to have the matter heard by an arbitrator. Within five (5)
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days of hearing the grievance, the City Administrator shall provide his/her decision, in writing, to the
Association and employee(s). The decision of the City Administrator shall be final and binding
If the Association elects arbitration, costs of the arbitration shall be shared equally between the
Association and the City. A court reporter shall be retained only by mutual consent of the parties. The
costs of the arbitration, including the court reporter, shall be divided in half (i.e. 50/50) by the parties.
Attorney fees, staff time and witness fees shall not be shared between the parties and shall be paid by the
party that incurred the cost.
If the Association elects arbitration, the City shall request a list of five (5) arbitrators registered with the
American Arbitration Association, California State Conciliation Service or some other mutually agreed
upon source within ten (10) days of the Association's request. Upon receipt of the list, the parties shall
alternately strike names from the list until a final name is selected as the hearing officer, with the
Association striking first. The selected arbitrator shall serve as the hearing officer. All arbitration
proceedings arising under the Grievance procedure shall be governed by the provisions of Title 9, Part 3,
of the Code of Civil Procedure of the State of California.
Within ten (10) days of receipt of the arbitrator's recommendation, the City Administrator shall provide
his/her decision, in writing, to the Association and employee(s). The recommendation of an arbitrator
shall be advisory to the City Administrator or designee. The decision of the City Administrator shall be
final and binding.
All time limits specified in the foregoing procedure may be waived only by mutual written agreement.
Should employees represented by the Vernon Firemen's Association (VFA) amend their MOU
contract language regarding Grievance Procedures between July 1, 2014 and June 30, 2016, the
City and the VFMA agree to amend the VFMA MOU to incorporate such changes.
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ARTICLE TEN
DISCIPLINE PROCEDURE
A. DISCIPLINARY ACTIONS
1. The tenure of every City employee shall be based on reasonable standards of personal conduct
and job performance. Failure to meet such standards shall be grounds for appropriate disciplinary action,
which shall be commensurate with the seriousness of the offense and with consideration of the
employee's personnel file. Progressive discipline will be used; however, this does not preclude the City
from taking disciplinary action, up to and including termination, for an incident for which there is no prior
documentation as long as the disciplinary action is warranted and is based on just cause.
2. The following procedures shall be followed when, in the judgment of the Department Director, an
employee has committed an act or omission that justifies discipline. The Department Director or his/her
designee shall advise employees of contemplated disciplinary actions in writing and allow the employee
an opportunity to respond to such charges prior to taking final action.
a. Disciplinary actions should be documented in the employee's official personnel file.
Performance deficiencies documented in the employee's performance evaluation as "does not meet
standards" may be the basis for disciplinary action if the employee fails to correct those performance
deficiencies within the time period designated by his/her supervisor. To the extent possible, performance
deficiencies or other causes for discipline will be documented in the employee's personnel file.
b. Upon the City receiving authorization from the employee, the City will provide the
Association with all written notices of discipline given to employees represented by Association. The
written notice of discipline will also inform the employee that he/she has the right to consult with the
Association with regard to the disciplinary action being taken.
c. Nothing in this article shall preclude the Fire Chief or his/her designee from ordering an
employee to cooperate with other agencies involved in criminal investigations. If an employee fails to
comply with such an order, the employee may be officially charged with insubordination.
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B. PRE -DISCIPLINARY PROCEDURES
Prior to the discipline of any permanent employee, the following procedures shall be followed. This
process shall not be applicable to performance evaluations or verbal counseling/reprimands.
Written Notice of Proposed Action
Written notice of the proposed disciplinary action shall be given to the employee. Such notice shall
include the proposed effective date of the discipline, a statement of the reason(s) for the proposed action,
including the rule or standard of conduct allegedly violated, the proposed discipline and the charge(s)
being considered.
Employee Review
The employee shall be supplied with a copy of the documents or materials upon which the proposed
disciplinary action is based.
Emvlovee Response/Pre-Disciplinary Conference
The notice of proposed action shall state the date by which the employee must exercise the right to
respond orally, in writing or both orally and in writing. This represents the pre -disciplinary opportunity
for the employee to state any reasons that he/she believes the proposed action to be inappropriate. The
employee shall have a reasonable amount of time to respond, which shall not be fewer than five days.
This date may be adjusted by mutual agreement. Failure to respond by the assigned date will constitute a
waiver of the right to respond. Any response will be fully considered before any final action is decided
upon.
The Pre -Disciplinary Conference does not need to be an evidentiary hearing. An employee has the right to
have a representative of his or her own choosing at the conference. The City may conduct further
investigation if the employee's version of the facts or new information raises doubts as to the accuracy of
the City's information leading to the discipline proposal.
Written Notice of Final Action
After consideration of the employee's response, or in the absence of a response, written notice of the final
disciplinary action shall be given to the employee. Such notice shall include essentially the same
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information contained in the notice of proposed action, except that the employee's formal appeal rights
shall be stated.
Emereencies
When, in the opinion of the City, immediate disciplinary action is required to protect the health, safety or
welfare of the public, other employees or the employee himself, the employee may be suspended without
pay for up to five (5) days pending the processing of the notices required in Section B of this article or
may be suspended with pay pending the completion of such investigations or hearings as may be required
to determine if disciplinary action is to be taken. If the charges and/or allegations are not sustained, the
employee suspended without pay shall be entitled to reinstatement with full back pay and benefits. All
back pay awards related to suspension, demotions and discharges shall include interest as set by Civil
Code §§ 3287 et. seq.
C. DISCIPLINARY APPEAL PROCEDURES
The appeal process shall not be applicable to newly hired probationary employees. The appeal process
shall not be applicable to performance evaluations, or verbal reprimands.
An employee desiring to appeal the discipline shall have ten (10) days after receipt of notice of discipline.
The employee's request for appeal must be addressed to the City Administrator and received in the
Human Resources Department. The Human Resources Department shall date stamp the employee's
appeal to verify the timeliness of the appeal.
If, by the expiration of the (ten) 10 day appeal period, the employee does not file the appeal, unless good
cause for the failure is shown, the discipline shall be considered conclusive and the right of appeal to have
been waived. If the employee files a timely appeal, an appeal hearing shall be established as follows:
1. The employee and the City shall jointly request the State Office of Administrative Hearings to
appoint an Administrative Law Judge (ALJ) to hear the appeal and to render a decision advisory
to the City Administrator. The City and Association will share equally (i.e. 50150) the hearing -
related expenses such as ALJ fees and court reporter fees, but excluding attorney fees, expert
witness(es) and staff time.
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2. All appeal proceedings arising under this procedure shall be governed by the provisions of
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the California
Government Code.
3. All time limits specified in the procedure may be waived by mutual written agreement.
4. At the conclusion of the hearing, the ALJ will submit his/her findings to the City and the
employee. Within ten (10) days of receiving the ALJ's findings, the City Administrator shall
provide his/her decision, in writing, to the employee. The City Administrator's decisions shall
set forth which charges, if any, are sustained and the reasons therefor. The opinion shall set forth
findings of fact and conclusions. The City Administrator's decision is final, subject to the option
of the employee to bring a proceeding pursuant to Code of Civil Procedure sections 1094.5 and
1094.6.
Should employees represented by the Vernon Firemen's Association (VFA) amend their MOU contract
language regarding Discipline Procedures between July 1, 2014 and June 30, 2016, the City and the
VFMA agree to amend the VFMA MOU to incorporate such changes.
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ARTICLE ELEVEN
MANAGEMENT RIGHTS
Except as limited by the specific and express terms of this Memorandum of Understanding, the City
hereby retains and reserves unto itself all rights, powers, authority, duties and responsibilities conferred
on and vested in it by the laws and the Constitution of the State of California and/or the United States of
America; provided, however, if the City's decision to exercise such rights, powers, authority, duties and
responsibilities impacts the wages, hours and other terms and conditions of employment of unit
employees, the City shall be required to first meet and confer on the impact and effect of such decision.
The City retains all its exclusive rights and authority under State and Federal law and expressly and
exclusively retains its management rights, which include, but are not limited to:
A. The exclusive right to determine the mission of its constituent departments, commissions, and
boards.
B. Set standards and levels of service.
C. Determine the procedures and standards of selection for employment and promotions.
D. Direct employees.
E. Establish and enforce dress and grooming standards.
F. Determine the methods and means to relieve its employees from duty for lawful reasons.
G. Maintain the efficiency of governmental operations.
H. Determine the methods, means and numbers and kinds of personnel by which government
operations are to be conducted.
I. Determine the content and intent of the job classifications.
J. Determine methods of financing.
K. Determine style and/or types of city -issued wearing apparel, equipment or technology to be used.
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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 employees in accordance with requirements as determined by the City.
O. Establish and modify productivity and performance programs and standards.
P. For just cause only, discharge, suspend, demote, reprimand, withhold salary increases and
benefits, or otherwise discipline employees in accordance with applicable state law.
Q. Establish employee performance standards including, but not limited to, quality and quantity
standards, and to require compliance therewith.
R. Take all necessary actions to carry out its mission in emergencies.
S. Exercise complete control and discretion over its organization and the technology of performing
its work.
C67
CITY OF VERNON
Mar . Whitworth
Ciey AdministratorP'MERR'
Teresa McAllister
Director of Human Resources
I
K isten 'nomoto
Deputy City Administrator
46�
AlexKung
Economic Development Manager
APPROVED AS TO FORM:
Zan Moussa
Deputy City Attorney
Dated: -9ly), 2014
SIGNATURES
VERNON FIRE MANAGEMENT ASSOCIATION
David Lazar
President
f✓X:i221 ✓ i�
David Kimes
Vice President
nd ew Guth
Secretary/Treasurer
APPROVED AND ADOPTED BY CITY COUNCIL ON .IDLY 15, 2014 PER
RESOLUTION NO. 2014-47
ATTEST:
Ana Barcia, DCilylerk
EN
Dated: 8�7f114