Resolution No. 2014-057RESOLUTION NO. 2014-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING THE MEMORANDUM OF UNDERSTANDING BY
AND BETWEEN THE CITY OF VERNON AND THE VERNON
POLICE OFFICERS' BENEFIT ASSOCIATION FOR THE PERIOD
OF JULY 1, 2014 THROUGH JUNE 30, 2017
WHEREAS, the Vernon Police Officers' Benefit Association
("VPOBA") has been recognized as an employee organization pursuant to
Resolution No. 4027; and
WHEREAS, the City and VPOBA have concluded labor negotiations
regarding wages, benefits and working conditions for the period of
July 1, 2014 through June 30, 2017; and
WHEREAS, representative members of the VPOBA 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 VPOBA, for the period of
July 1, 2014 through June 30, 2017; 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 Police Officers' Benefit 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 Lorenzo Gaytan, President of the Vernon Police
Officers' Benefit Association.
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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 16th day of September, 2014.
Name: W. Michael McCormick
Title: Mayor / Waye- n -
ATTEST:
Ana Barcia
/ Deputy City Clerk
APPROVED AS TO FORM:
Za nYmoussa, Deputy City Attorney
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I Ana Garcia Deputy City Clerk of the City
of Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 2014-57, 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, September 16, 2014, and thereafter was
duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this l day of September, 2014, at Vernon, California.
(SEAL)
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Ana Barcia
Deputy City Clerk
EXHIBIT A
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
AND
VERNON POLICE OFFICERS' BENEFIT ASSOCIATION
July 1, 2014 through June 30, 2017
TABLE OF CONTENTS
MEMORANDUM OF UNDERSTANDING
Parties to the Memorandum of Understanding.................................................................... 6
ARTICLE ONE: FUNDAMENTALS
Section1:
Recognition................................................................................................
7
Section 2:
No Discrimination.......................................................................................
7
Section 3:
Mutual Cooperation....................................................................................
7
Section4:
Layoffs.........................................................................................................
7
Section 5:
No Strikes or Lockouts.................................................................................
7
Section 6:
City / VPOBA Meetings............................................................................
8
Section 7:
Association Business...................................................................................
8
ARTICLE TWO: LEGAL LIMITATIONS, SAVINGS CLAUSE& TERM
Section 1: Legal Limitations and Savings Clause........................................................ 9
Section2: Term............................................................................................................ 9
Section 3: Maintenance of Existing Conditions............................................................ 9
Section 4: Modification and Waiver........................................................................... 10
Section5: Severability................................................................................................. 10
ARTICLE THREE: SALARIES
Section1:
Police Officers..............................................................................................11
Section2:
Sergeants.......................................................................................................12
Section3:
Merit Steps...................................................................................................12
Section 4:
Salary Adjustment Increase.........................................................................
13
Section5:
Premium Pay.................................................................................................13
Section6:
Bilingual Pay.................................................................................................13
Section 7:
"P.O.ST." Certificate Incentive.....................................................................13
Section8:
Shooting Pay.................................................................................................14
Section 9:
Field Training Officer..................................................................................
14
2
Section 10:
Canine Handlers .............
Section 11:
Motor Officers ................
Section 12:
Relief Sergeant ................
....................... 14
....................... 15
....................... 15
ARTICLE FOUR: LONGEVITY
Section 1: Employees Hired Before July 1, 1995......................................................... 16
Section 2: Employees Hired On or After July 1, 1995................................................. 17
ARTICLE FIVE: OVERTIME
Section 1:
Overtime Authorization.................................................................................18
Section2:
FLSA Overtime.............................................................................................
18
Section3:
Comp Time...................................................................................................
18
Section 4:
Leave Time Inclusion...................................................................................
19
Section 5:
Training and Recertification.........................................................................
19
Section 6:
Court Attendance and "Stand By" Time .......................................................
19
Section7:
Call Backs.....................................................................................................
21
Section8:
Jury Duty.......................................................................................................
22
Section 9:
Non-Compensable..........................................................................................22
ARTICLE SIX: UNIFORMS, ALLOWANCE AND SAFETY EQUIPMENT
Section 1: Uniform Allowance....................................................................................... 24
Section 2: Summer Uniforms.......................................................................................... 24
Section 3: Safety Equipment.......................................................................................... 24
3
ARTICLE SEVEN: BENEFITS
Section 1:
Section 2:
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 15:
Section 1:
Section 2:
Section 3:
Section 4:
Section 5:
Section 6:
Section 7:
Public Employees Retirement System...
Supplemental PERS Benefits ................
Medical..................................................
Cafeteria Plan .........................................
Dental Plan .............................................
VisionPlan .............................................
Life Insurance ........................................
Retirees Medical ...................................
Vacation Time ........................................
"In Lieu" Holiday Time .........................
SickLeave ..............................................
Bereavement Leave ................................
Auto Insurance .......................................
Deferred Comp .......................................
Other City Employee Programs .............
ARTICLE EIGHT: WORK SCHEDULE AND ABSENCES
Provisions .....................................
Work Schedule 3/12 Plan ..............
Shift and 7 Code Policy ................
Sergeants ......................................
Shift Trades ..................................
Early Relief ...................................
Staffing..........................................
ARTICLE NINE: GRIEVANCE PROCEDURE
GrievanceProcedure Steps.................................................................................................. 35
ARTICLE TEN: DISCIPLINE PROCEDURE
Discipline Procedures.......................................................................................................... 38
0
ARTICLE ELEVEN: MANAGEMENT RIGHTS
ManagementRights.............................................................................................................. 43
SIGNATURE PAGE
Signatures............................................................................................................................. 45
5
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
VERNON POLICE OFFICERS' BENEFIT ASSOCIATION
Parties to the Memorandum of Understanding
Pursuant to Chapter 10 (section 3500 et seq) of Division 4, Title 1 of the Government Code and
Resolution No. 4027, the Resolution for the administration of Employer -employee relations, the
matters within the scope of representation that are set forth in this Memorandum of
Understanding (MOU) have been discussed by and between representatives of the City of
Vernon and the representatives of the Vernon Police Officers' Benefit Association (hereinafter
"VPOBA") and except as otherwise specifically provided herein shall apply only to those
defined in the aforesaid Resolution as "full-time and regular part-time employees in the Police
Department except management and confidential employees" (Section 813(2) "Group 2"),
otherwise known as Police Officers and Sergeants.
This MOU constitutes a joint agreement by the Municipal Employee Relations Representative
("MERR') and the VPOBA, to be submitted to the City Council of Vernon for its determination
and approval by one or more Resolutions or Ordinances as the City Council may deem fit and
proper.
The MERR and the Representative of the VPOBA have agreed that they will jointly urge the
City Council of Vernon to adopt one or more Resolutions or Ordinances reflecting the changes in
wages, hours, and other conditions of employment agreed upon in this MOU.
If approved, the terms agreed upon by this MOU shall be effective as of July 1, 2014, and shall
expire at midnight on June 30, 2017.
IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN STATED, the VPOBA
and the City of Vernon agree as follows:
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ARTICLE ONE
FUNDAMENTALS
Section 1: Recowition
The City of Vernon recognizes the Vernon Police Officers' Benefit Association CTPOBA") as
the certified majority representative of the employees, comprised of Police Officers and
Sergeants, as the exclusive representative of the employees for purposes of collective bargaining
for all terms and conditions within this Memorandum of Understanding.
Section 2: No Discrimination
The provisions of this Memorandum of Understanding shall be applied equally to all employees
covered hereby. Neither the City nor the VPOBA shall discriminate against any individual,
applicant or employee with respect to his compensation, terms, condition, or privileges of
employment or because of an individual's race, color, sex, religion, national origin, age, marital
status, disability, pregnancy, sexual orientation, political or religious opinions or affiliations, or
membership or non -membership in the VPOBA.
Section 3: Mutual Cooperation
The parties recognize the necessity of cooperating on matters of mutual concern and interest and
agree to work together to maximize the effectiveness of the Police Department and the City and
to accomplish legislative and funding goals in their mutual interest.
Section 4: Layoffs
In accordance with the Meyers-Milias Brown Act, the City and the Association shall meet and.
confer on the effect of its actions to layoff. This will occur prior to implementation of layoffs,
except in emergency circumstances wherein the City Council declares a fiscal emergency
pursuant to Article II, Chapter 2.2 of the City of Vernon City Charter. 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, slowdowns, or picketing shall be
caused or sanctioned by the VPOBA, and no lockouts shall be made by the City.
7
Section 6: Citv/VPOBA Meetings
Representatives from the VPOBA and the City shall meet as needed to discuss issues of mutual
concern.
Section 7: Association Business
Representatives of the VPOBA shall be allowed time to conduct their Association business as
necessary during work hours. Coordination of such work will be made with the Chief of Police
to ensure the availability of staffing levels for such meetings.
The VPOBA President will have available to him/her a total of 170 hours of Association Leave
Time at the beginning of each calendar year for conducting Association business off -duty during
time he/she and/or any of his Association board members would be regularly scheduled to work.
A. The VPOBA President will be responsible for assigning any Association Leave Time
to his board members. Unused hours may not be carried over from one year to the
next without the written authorization of the Police Chief or his/her designee.
B. In each case where Association Leave Time is requested, such request must be in
writing to the Police Chief or his/her designee or above a minimum of 72 hours
before the Leave Time is needed unless authorized in writing by the Police Chief or
his/her designee.
C. Association Leave Time will not be granted if it will cause overtime unless it is
authorized in writing by the Police Chief or his/her designee.
D. In no case will Association Leave Time be used for political action purposes.
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 Resolutions or Ordinances
adopted in implementation thereof are and shall be subject to all present and future applicable
federal and state laws and regulations and shall be effective and implemented only to the extent
permitted by such laws and regulations.
If any part of this Memorandum of Understanding or of any Resolution or Ordinance adopted in
implementation thereof is in conflict or inconsistent with any such applicable provisions of
federal and state laws or regulations or otherwise held to be invalid or unenforceable by any
tribunal of competent jurisdiction, such part or provision shall be suspended and superseded, and
such applicable laws and regulations and the remainder of this Memorandum of Understanding
shall not be affected thereby and shall remain in full force and effect.
Section 2: Term
(a) Except as otherwise provided herein, this Memorandum of Understanding shall be in full
force and effect from July 1, 2014, and shall remain in full force and effect up to and
including midnight, the 30th day of June 2017 or until the next Memorandum of
Understanding becomes effective.
(b) This Memorandum of Understanding shall be binding on the City and the Association
when approved and adopted by the City Council.
Except as otherwise provided herein, the City and the Association agree to submit
proposals for any changes related to wages, benefits and/or other terms of and conditions of
employment affecting this Memorandum of Understanding between February 1, 2017 and March
1, 2017.
Section 3: Maintenance of Existing Conditions
Any employment policy, practices and/or benefits, including the alternative workweek schedule and
overtime compensation are incorporated into this Memorandum of Understanding, unless
otherwise stated herein. In the event of a conflict between the Memorandum of Understanding and
an existing policy and/or practice, this Memorandum of Understanding shall govem.
N
Section 4: Modification and Waiver
The City reserves the right to add to, delete from, amend or modify the Administrative rules, the
City Municipal Code, and the City's Personnel Policies and Procedures Manual during the term
of the Memorandum of Understanding, subject to the requirements of the Meyers-Milias-Brown
Act and the Public Safety Officers' Procedural Bill of Rights Act.
Section 5: Severability.
In the event that a court finds any provision(s) of this Memorandum of Understanding to be
invalid or unenforceable, the parties intend that the remaining provisions remain in effect. The
parties further agree to meet and confer for purposes of negotiating an alternative to any
provision declared invalid or unenforceable.
10
ARTICLE THREE
SALARIES
(a) Effective July 1, 2014, Police Officers and Police Sergeants who were hired or promoted
before July 1, 2014 and have not attained their maximum salary step shall be
grandfathered into their current salary grade and step.
(i) Effective September 1, 2014, Police Officers only who have not attained their
maximum salary step in the grandfathered salary plan shall be placed at the top step of
their current grade and thereafter their respective salaries shall be Y-rated and frozen
during the term of this contract.
(b) Effective July 1, 2014, employees who have attained the maximum step of their current
salary grade and are above the maximum recommended 75s' percentile grade and step
plan shall be Y-rated and thereafter their respective salaries frozen during the term of this
contract.
(c) Effective July 1, 2014, employees represented in the Police Officers Benefit Association
who are hired or promoted on or after July 1, 2014 shall be placed at the appropriate step
within the proposed grade and step pay plan as'a result of the city wide classification and
compensation study based upon the 75a' percentile:
(i) Effective January 1, 2015, employees represented in the Police Officers Benefit
Association (excluding Y-rated and grandfathered employees) shall receive a 1.5% cost
of living increase.
(ii) Effective July 1, 2015, employees represented in the Police Officers Benefit
Association (excluding Y-rated and grandfathered employees) shall receive a 1.5% cost
of living increase.
Section 1: Police Officer
Effective the beginning of the.pay period containing January 1, 2015 the base monthly salary of
a Police Officer (excluding Y-Rated employees) shall be increased by 1.5% as follows:
Step 1 $5,852
Step 2 $6,146
Step 3 $6,453
Step 4 $6,775
Step 5 $7,114
Yl $7,771
Effective the beginning of the pay period containing July 1, 2015, the base monthly salary of a
Police Officer (excluding Y-Rated employees) shall be increased by 1.5% as follows:
Step 1 $5,940
Step 2 $6,238
Step 3 $6,550
Step 4 $6,877
Step 5 $7,221
Yl $1,771
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Section 2: Police Sergeant
Effective the beginning of the pay period containing January 1, 2015 the base monthly salary of
a Police Sergeant (excluding Y-rated and grandfathered employees) shall be increased by 1.5%
as follows:
Step 1
$7,470
Step 2
$7,844
Step 3
$8,236
Step 4
$8,648
Step 5
$9,080
Yl
$8,501
Y2
$8,968
Y3
$9,462
Effective the beginning of the pay period containing July 1, 2015 the base monthly salary of a
Police Sergeant (excluding Y-rated and grandfathered employees) shall be increased by 1.5% as
follows:
Step 1
$7,582
Step 2
$7,962
Step 3
$8,360
Step 4
$8,778
Step 5
$9,216
Y1
$8,501
Y2
$8,968
Y3
$9,462
Section 3: Merit Stens
Salary increases to higher pay grade steps are merit steps only, and shall be available to
employees as recognition and reward for satisfactory, services with the time frames described in
the Personnel Policies and Procedures, Performance Evaluation Policy. Merit increases to any
said step shall remain the sole discretion of the City Council.
Effective July 1, 2015 - Employees and Grandfathered Sergeants not at the top of their current
salary grade who in the discretion of the Police Chief and in accordance with the City's
Performance Evaluation Policy, have attained one year of satisfactory service as of their
immediately preceding classification anniversary date shall receive a one-time 5% merit increase
during the tern of this contract. Future salary increases to any said step 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. "
12. .
Notwithstanding the above provision, any person employed in a position of Police Officer, Step
1, shall be appointed to Step 2 upon his/her successful completion in an assigned accredited
training academy, and any person employed in a position of Police Officer, Step 2, shall be
appointed to Step 3 after serving at least six (6) months in the field and upon receiving a merit
evaluation of satisfactory/competent. Any person who qualifies for said increase shall have
his/her anniversary date for future merit increases established as of the date said officer is
appointed to said Step.
Section 4: Salary Adiustment Increase
In the event there is a salary inequity between ranks or between employees within the
Department, the Chief of Police may incorporate a service adjustment increase up to ten percent
(10%) per month of their base salary.
Section 5: Premium Pav
In the event Police Officer or a Sergeant is assigned to the Detective Division, the Professional
Standards Division, or an outside detail or task force, he/she shall receive premium pay equal to
five percent (5%) of his/her base pay per month, and the premium pay shall not be considered to
be part of the employee's base monthly salary when computing Peace Officers Standards and
Training (P.O.S.T.) certificate incentives; however, it shall be considered as part of the base
monthly salary for purposes of computing overtime pay and last highest annual salary.
Section 6: Bilingual Pay <.
A VPOBA employee may be compensated for bilingual skills after the employee demonstrates
proficiency in speaking a foreign language (the ability to read and write in a foreign language
may also be tested, if necessary), which proficiency would be determined by successful
completion of a foreign language proficiency test designated by the Human Resources
Department. Those employees who successfully demonstrate this skill are eligible to receive an
additional One Hundred Twenty -Five Dollars ($125.00) per month for bilingual pay and shall
not be considered to be part of the employee's base monthly salary when computing Peace
Officers Standards and Training (P.O.S.T.) certificate incentives; however, it shall be considered
as part of the base monthly salary for purposes of computing the last highest annual salary.
Section 7: Peace Officers Standards and Training ("Post") Certificate Incentive
VPOBA employees who have completed their evaluation period shall be entitled to P.O.S.T.
13
certificate pay as follows:
• Three percent (3%) of the employee's basic monthly salary, excluding all other
compensation, for a P.O.S.T. intermediate certificate; or
• Six percent (6%) of the employee's basic monthly salary, excluding all other
compensation, for a P.O.S.T. advanced certificate.
Payment of the above -referenced incentive compensation shall not be cumulative; only the
highest applicable incentive pay level shall apply.
Incentive pay shall be payable the month following the month during which the certificate is
granted.
P.O.S.T. certificate pay shall be considered as part of the base monthly salary for purposes of
computing the last highest annual salary
Section 8: Shooting Pay
Effective August 1, 2014, Shooting Pay for all employees shall be discontinued.
Section 9: Field Training Officers
Police Officers assigned by the Chief of Police or his/her designee, as Field Training Officers
shall receive a deferential of five percent (5%) of their base salary for the period so assigned.
This 5% deferential shall be considered a part of their base salary when calculating Longevity,
SAI and P.O.S.T certificate pay.
Each officer assigned as a Field Training Officer shall complete a P.O.S.T. approved Field
Training Officer School prior to assignment.
The number of field training officers, qualifications, and training for such assignment shall be
determined by the Chief of Police. Such assignment maybe revoked at any time without recourse
to the disciplinary procedure.
Section 10: Canine Handlers
Each member of the canine team is responsible for the care and maintenance of their assigned
Police Service Dog (PSD) both on and off duty. Each handler assigned to the canine team will be
14
paid three (3) hours of overtime each week. This overtime pay will compensate the handler for
the time spent providing care for their PSD outside of normal duty hours.
Section 11: Motor Officers
Each Operator shall be provided with one (1) hour off per work week for motorcycle
maintenance. Time off shall be scheduled either at the beginning or end of a shift with the Watch
Commander to ensure sufficient staffing levels.
Section 12: Relief Sergeant
Vernon has established a Sergeant's relief position with a salary equal to the salary received by
Patrol Sergeants. The Chief of Police has the discretion to assign additional duties to the
Sergeant assigned to this position.
15
ARTICLE FOUR
LONGEVITY
Section 1: Emplovees Hired Before July 1,1995
Effective August 31, 1986, the City established a four -step Longevity program for all employees.
Said Longevity program is as follows:
• All eligible employees who have five years of service on or before August3l, 1986, shall
receive an additional five percent (5%) per month of their base salary effective August 31,
1986, and every year thereafter until reaching the next Longevity level. Employees upon
reaching their 5th anniversary date after August 31, 1986, shall be entitled to said five
percent (51/o) per month upon said anniversary date:
• All eligible employees who have ten (10) years of service on or before July 1, 1987, shall
receive an additional ten percent (10%) per month of their base salary effective July 1,
1987, and every year thereafter until reaching the next Longevity level. Employees upon
reaching their 10th anniversary date after July 1, 1987, shall be entitled to said ten percent
(10%) per month upon said anniversary date. Said ten percent (10%) is in place of the five
percent (5%) referenced in paragraph 1 above and not cumulative therewith.
• All eligible employees who have fifteen (15) years of. service on or before, July 1, 1988,
shall receive an additional fifteen percent (15%) per month of their base salary
effective July 1, 1988, and every year thereafter until reaching the next Longevity level.
Employees upon reaching their 15th anniversary date after July 1, 1988, shall be
entitled to said fifteen percent (15%) per month upon said date. Said fifteen percent
(15%) is in place of each of the amounts referenced in paragraphs 1 and 2 above and
not cumulative therewith.
• All eligible employees who have twenty (20) years of service on or before July 1, 1989,
shall receive an additional twenty percent (20%) per month of their base salary effective
July 1, 1989, and every year thereafter. Employees upon reaching their 20th anniversary
date after July 1, 1989 shall be entitled to said twenty. percent (20%) per month upon said
16
anniversary date. Said twenty percent (20%) is in place of each of the amounts referenced
in paragraphs 1, 2 and 3 above and not cumulative therewith.
Section 2: Emolovees Hired on or After July 1,1995 and on or before December 31,
2013.
All employees who are hired on or after July 1, 1995 and before December 31, 2013, who attain
five (5) years of consecutive uninterrupted employment shall receive an additional five percent
(5%) per mouth of their base salary. Such employees shall be entitled to receive such five
percent (5%) increase upon reaching their 5th anniversary date. Such employees will not be
entitled to receive any additional Longevity percentage increase to their base salary for further
service.
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. Where verbal authorization is obtained, written
authorization must be obtained as soon thereafter as practicable. Dispatched calls extending
beyond the end of duty time are considered as authorized.
Section 2: F.L.S.A. Overtime
Employees required to perform in excess of the standard work period of 160 hours in a 28-day
cycle shall receive compensation at the rate of time and one-half their regular rate of pay or time
and one-half "compensatory time" for each hour worked. The regular rate of pay shall include
the following components in addition to base salary:
• P.O.S.T. Certificate Pay
• Special Assignment Pay
Section 3: Compensatory Time
Employees may not earn more than forty (40) hours of compensatory time during any FLSA 28-
day cycle. At such -time as an. employee earns forty (40) hours of compensatory time within a
given 28-day work cycle, any additional overtime in that cycle shall be.paid to the employee at
time and one-half of his/her regular rate of pay.
Employees may not accumulate more than 240 hours of compensatory time. An employee must
be paid at the rate of time -and one-half for any overtime worked beyond the 240- hour
compensatory time "cap."
18
Section 4: Leave Inclusions
In determining an employee's eligibility for overtime compensation in a work period, paid leaves
of absence will be included in the total number of hours worked. Paid leaves of absence include,
but are not limited to, the following:
1. Vacation
2. Holiday Leave
3. Sick Leave
4. Administrative Leave
5. Compensatory Leave
6. Workers' Compensation Leave (4850 time)
7. Jury Duty
8. Bereavement Leave
9. Military Leave
10. Association Leave
Section 5: Training and Recertification Time
Training time that is required is compensable.
Recertification time that is directly related to an employee's job will be compensable if
completed during assigned work hours.
Section 6: Court Attendance and "Stand By" Time
Court Appearances
Employees shall be compensated for court appearances in the line of duty outside regular
scheduled duty hours as follows:
A. Court appearances which extend beyond an employee's normal shift assignment shall be
compensated as paid overtime. For purposes of calculating F.L.S.A. overtime pursuant to
this section of this MOU, only the actual time spent in court or traveling in a City vehicle
to and from the Station shall be credited as hours worked. Travel time to and from one's
private residence shall not be considered hours worked and shall not be compensated in
any manner whatsoever.
B. Notwithstanding the provisions of "A" above, employees required to attend court
19`
sessions outside a scheduled work shift shall be compensated a minimum guarantee of
four (4) hours at time and one-half (1.5). The court appearance minimum of four (4)
hours or court stand-by time shall not apply to employees appearing in court during an
on -duty status, whether it be his/her regularly assigned shift or an overtime shift
assignment, or employees are receiving pay from the City for another reason (i.e., IOD or
Administrative Leave).
C. No more than one guaranteed minimum of four (4)-hours shall be paid in any one day. In
the event an employee receives two or more court appearance notices for the same day
(for example, morning and afternoon session) the court appearance shall be for the total
accumulative hours for the day to attend court. In such cases, an employee shall be
compensated at time and one-half (1.5) at his/her regular hourly rate for court duty
assignment beyond the guaranteed minimum of four (4) hours.
D. If an employee is required to stay beyond four hours in court, the employee shall be
compensated at time and one-half (1.5) at their regular hourly rate for all hours spent in
their court duty assignment that day.
E. When an employee is scheduled for duty and a court appearance is required within one-
half (1/2) hour before his/her shift or one-half (1/2) hour after the end of his/her shift, the
employee shall not : be eligible, for the four (4) hour court appearance minimum.
However, the employee shall be compensated for such overtime worked at 1.5 times
his/her regular rate of pay.
F. After receiving a court appearance subpoena, an employee may not request or take
vacation (or 'other requested/approved leave) on'the appearance date, unless the
court/subpoenaing party approves the employee's request to reschedule. If an employee
has requested or is scheduled to be off duty on vacation (or other requested/approved
leave) prior to receipt of a subpoena, and the request to reschedule the court appearance is
denied, he/she will be eligible for the court appearance overtime provisions of this
section.
Stand By Time
If an employee receives, a. subpoena to be placed on standby, the effected employee shall be
20
compensated for Stand By status as follows:
A. An employee who is placed on Stand By status for a half court day, which shall
consist of either a morning session or afternoon session of court, shall be paid Sixty
Dollars ($60.00).
B. An employee who is placed on Stand By status for a full court day, which shall
consist of the morning session and the afternoon session of court, on the same day,
shall be paid One Hundred Nineteen Dollars ($119.00). However, if said employee is
required to appear in court, he/she shall receive court appearance compensation rather
than Stand By compensation for his/her time in court.
C. The parties agree that Stand By pay shall not count toward hours worked and that the
provision complies with the F.L.S.A.
D. Alternatively, an employee (at the employee's option and with the permission of the
Chief of Police or his designee) on court Stand By may report to the police station, in
uniform, for assignment while awaiting court. Under these circumstances, an
employee shall be compensated on an hour -for -hour basis (if on overtime, at time and
a half) for time actually worked while on Stand By.
E. No additional payment other than that set forth in Section 6 of the MOU shall be
made for CourtPay.
Section 7: Call Backs
Call Back duty occurs when an employee is ordered to report to duty. on a non -regularly
scheduled work shift. Call Back does not occur when an employee is held over from his/her prior
shift or is working prior to his/her regularly scheduled shift. This provision is also to be
distinguished from Court pay, which is to be used when an employee is called to court.
An employee called back to duty shall be credited with a minimum of four (4) hours work. Any
hours worked in excess of four hours shall be credited on an hour -for -hour basis (at time and
one-half compensation) for actual time worked.
If the employee is ordered to return to work immediately, his work time shall be credited
21
commencing immediately after the employee has been directly contacted by the employer.
Section 8: 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.
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.
B. 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.
C. 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 9: Non-Comnensable
A. City Vehicle Use -Employees who are provided with a City vehicle to travel to and from
work shall not be compensated in any manner whatsoever for travel time to and from work. This
provision also applies in those situations where the radio must be left on and monitored unless
answering a call for service.
B. Clothes/Uniform Changing Time -Employees are not authorized to wear their uniforms
22`..
or any part thereof that is distinguishable as such unless on duty. Each employee is
provided with a locker for his/her personal convenience. Any employee may or may not
utilize the locker for storage and changing purposes at his/her own discretion.
Nothing herein prevents an employee from wearing his/her uniform to and/or from
his/her residence to work as long as the badge and insignia are covered in a non -police
issue garment such as a windbreaker. Employees choosing to wear their uniforms
covered to and/or from work should not wear their "Sam -Browne" belt.
Time spent in changing clothes before or after shift, or during lunch, is not considered
hours worked and is not compensable in any manner whatsoever.
C. Exempt --The Chief of Police and Captains are exempt. from overtime. For, purposes .of
treatment of overtime, .the classification of Police: Sergeant shall be treated in the same
manner as Police Officers.
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ARTICLE SIX
UNIFORMS, ALLOWANCE AND SAFETY EQUIPMENT
Section 1: Uniform Allowance
The City will pay each Group 2 employee who has completed his or her first year of service with
the City and who is on the active payroll of the Vernon Police Department the sum of One
Thousand Dollars ($1,000) per fiscal year for the purchase of uniforms and related equipment.
Such payment shall occur within the month of August of each year. Uniform allowance is special
compensation that shall be deemed earned when paid and shall be reported to CalPERS as
compensation earnable.
Section 2: Summer Uniforms
Employees who are assigned to patrol will be allowed to utilize summer uniforms (blue
shirt/blue shorts) on any day at the discretion of the Chief of Police. The Chief of Police shall
establish authorization or notification procedures, as well as summer uniform requirements.
Section 3: Safety Equipment
The City shall, every three (3) years, pay one half of the cost of the member's individual body
armor if the member presents to the City a receipt for body armor that meets Departmental
specifications. If the City provides individual body armor to an employee, and the employee
accepts such body armor, then the three (3) year time period shall begin upon acceptance of the
body armor by the employee.
Employees who carry a private weapon which has been expressly approved by the Vernon Police
Department and suffer the loss or damage of such weapon in the line of duty shall be
compensated by the City of Vernon up to the amount of replacement cost of the official issue
weapon of the Vernon Police Department unless such loss or damage was caused by the
employee's negligence.
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ARTICLE SEVEN
BENEFITS
Section 1: Public Employee Retirement System ("PERS')
The City shall maintain its contract with the California Employees Public Retirement System
(PERS) that provides employees with three percent (3%) at 50 PERS retirement benefit plan.
As a result of the recent passage of AB 340 Public Employee Pension Reform (PEPRA), new
Ca1PERS members hired on or after January 1, 2013 who meet the definition of new member
under PEPRA, shall be provided a 2.7% at 57 PERS retirement benefit plan.
Employees shall be responsible for paying their,..: PERS nine percent (9%) employee's
contributions.
Section 2: Supplemental PERS Retirement Benefits
The City agrees to provide additional supplemental retirement benefits to employees under PERS
as follows:
• Gov't Code Section: 20042 — One Year Final Compensation:
Final compensation is the average full-time monthly pay rate for the highest twelve (12)
consecutive months.
New employees hired on. or after •January 1, 2013 who meet the definition of new
member under PEPRA shall receive 3 Year Final Compensation.
• Gov't Code Section: 20124 - Military Service Credit as Public Service:
Employees may elect to purchase up to four (4) years of service credit.
• Gov't Code Section: 21571 — Basic Level of 1959 Survivor Benefits:
Provides surviving benefactor a monthly allowance up to four -hundred thirty dollars
($430).
• Gov't Code Section: 21624 & 21626& 21628 - Post Retirement Survivor Allowance:
Provides surviving spouse fifty percent (50%) of the amount of retirement allowance,
dependent op, option choices, in effect at the time of death of retiree.
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Section 3: 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
Section 4: Cafeteria Plan.
The City and Association agree to a section 125 cafeteria plan (non -cash out), effective
January 1, 2015. The City will adhere to the cafeteria plan requirements in accordance with
IRS Section 125 regulations. The City shall provide to each employee in this bargaining unit a
monthly allowance toward the cost of,his/her medical plan as outlined in Subsections A and B
below. In the event an employee does not exhaust nor exceed his/her monthly medical
allowance, the employee shall be allowed to apply any unused portion towards the purchase of
dental, vision, supplemental or ancillary plans offered through the City and approved by the
Director of Human Resources.
A. For VPOBA employees enrolled in either the HMO or PPO (non-HSA) medical plans,
the City shall pay up to $1,165 per month of the cost of the plan for employees and
eligible dependents. The cost of any plan selected by the employee that exceeds $1,165
shall be paid by the employee through a pre-tax deduction.
B. For VPOBA employees enrolled in the HSA PPO plan, the City shall pay up to $850 per
month of the cost of the plan for employees and eligible dependents. 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.
Section 5: Dental:
The City of Vernon provides a dental insurance plan to employees. In the event an employee
26;
does not exceed his/her monthly employer medical allowance, the employee shall be allowed
to apply any unused portion toward the purchase of dental insurance for himself/herself 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.
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. In the event an employee does not exceed his/her monthly employer medical
allowance, the employee shall be allowed to apply any unused portion towards the purchase of
additional provided coverage for vision care.
Section 7: Life Insurance:
The City provides a $20,000 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. In the event an
employee does not exceed his/her monthly employer medical allowance, the employee shall be
allowed to apply any unused portion towards the purchase of additional provided coverage for
supplemental life insurance.
The City's agreement to pay full or partial costs of said premiums shall not create or ripen into a
vested right for said employee; however, the City shall be obligated to pay the cost or provide
said medical, dental, vision, and life insurance benefits as described so long as this MOU
remains in effect.
Section 8: 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.
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The City shall pay up to $1,100 per month towards the employee's option of the City's medical
and dental insurance programs for the employee and his/her eligible spouse in the classifications
represented by the Vernon Police Officers Benefit Association who have been employed as
sworn Peace Officers for a minimum of twenty (20) years and a minimum of 10 years of that
service has been in the employment of the City of Vernon. The maximum $1,100 City
contribution shall be applied only toward a city provided medical and dental premium plan
payment and shall have no cash surrender value.
The City's contribution toward the Retiree Medical/Dental Benefit Plan shall continue for said
retired employee and eligible spouse up to the age of sixty-five (65). Upon reaching the age of
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 $1,100 per
month of the cost to provide any Medicare supplemental medical and dental insurance plan
offered by the City of Vernon'. The City will not be the primary insurance carrier once the retiree
and/or eligible spouse 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 for employee only,
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.
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Section 9: Vacations
A. Accrual
• Vacation accrual after the first year of service: 120 hours per year
Vacation accrual after ten (10) years of service: 160 hours per year
• Vacation accrual after completion of twenty-five (25) years of service: 170 hours per
year
B. Policy
Employees may take all or part of their vacation in increments of one-fourth (1/4) hour or
more, as determined by the Police Chief at his/her discretion with due regard for the
wishes of the employee and the needs of the Department.
Any request will be honored only if, in the opinion of the Police Chief or his/her
designee, the manpower or service level on the day or days and at the times requested is
adequate to permit granting such a request.
Vacation time provided for herein shall be accumulated from calendar year to
calendar year, and shall be compensated for if not utilized during said period.
Section 10: "In Lieu" Holidays
Employees shall receive one hundred and ten (110) "in lieu" holiday hours per fiscal year. "In
lieu" holidays will be credited to each employee on each July lin which he/she is on the active
payroll of the Department, including those on "Light Duty," in a classification represented by the
VPOBA, and must be taken prior to the immediately following July 1.
"In lieu" holidays may be taken in increments of one-fourth (1/4) hour or more, on dates desired
by the employee subject to the needs of the Vernon Police Department.
"In lieu" holidays, if not taken, shall not be paid for except if the employee was denied an
opportunity to take them off during the fiscal year for which such "in lieu" holidays were
granted. In that case only, the employee shall be paid for said "in lieu" holidays not taken with
his/her first possible payroll check on or after July 1 of the fiscal year following the year for
which the "in lieu" holidays were credited, at his/her then basic rate, excluding all other
compensation, computed in accordance with the applicable Salary Resolution of Vernon. An
employee who quits or is terminated shall not be entitled to any compensation for "in lieu"
holidays not taken.
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If the City Council, during the fiscal year, provides one or more additional holidays to the
miscellaneous employees in addition to those holidays provided for in Resolution No. 8764,
Employees shall receive the same number of any additional holidays. Any additional "in lieu"
holiday time received by employees will be for a maximum of ten (10) hours per day received.
Section 11: Sick Leave
Employees only receive sick leave accrual while they are in a paid status. Employees shall
accrue sick time at a rate of 3.08 hours per pay period (80 hour annually), with a maximum cap
of 960 hours. Upon reaching the cap, employees will continue to accrue sick leave provided;
however, in the final pay period in December each year all accrued sick leave in excess of 960
hours shall be cashed in at fifty percent (50%) of the employee's regular rate of pay.
If an employee separates or terminates employment with the City, they shall be compensated for
any accrued sick leave hours at the time of separation not to exceed 960 hours. Employees that
separate from service with more than 20 years of service credit shall be compensated at 100% of
their current pay rate applied to the first 480 sick leave hours and 50% for their remaining hours
up to the cap of 960 hours. Employees with less than 20 years of service shall be compensated at
50% of their then current pay rate up to the cap of 960 hours. Employees shall have the option of
obtaining service credit for the accrued, unused sick leave hours instead of a cash payment
pursuant to California Government Code Section 20965.
Employees are expected to contact their supervisor or Department head as soon as possible to
report a sick leave time off notification and provide appropriate information on the nature of the
illness or injury and the expected duration of the time off. Employees unable to report for duty
due to an illness should be required to call in and notify the on -duty supervisor a minimum of 2
hours before they are due to start their shift.
An employee who is absent on sick leave for more than two (2) consecutive shifts shall be
required by his or her supervisor to provide a doctor's note in order to be paid for the sick
leave.
Section 12: Bereavement Leave
When an employee is compelled to be absent from duty by reason of death or critical illness
30
(where death appears imminent) of a member of the employee's immediate family (father,
mother, brother, sister, spouse, children, mother-in-law, father-in-law, grandmother, grandfather,
grandchildren, grandmother -in-law, grandfather -in-law, or registered domestic partner), such
person will be permitted, subject to the Chief of Police's approval, to a leave of absence with pay
for up to twenty-five (25) hours over two shifts, which may, but need not be, consecutive. An
employee shall not be granted paid Bereavement Leave for more than 2 days in any six-month
period for the same family member.
Employees will be allowed to utilize their vacation time, any compensatory time, or any "in lieu"
holiday time that is due to the employee, in order to lengthen such bereavement time.
The employee shall furnish satisfactory evidence of such death or critical illness to the Chief of
Police, if requested.
Section 13: Auto Insurance Proeram
Effective August 1, 2014, Auto Insurance Program for all employees shall be discontinued.
Section 14: Deferred Compensation
Employees are eligible to participate in the City's Deferred Compensation Program.
Section 11: Other City Employee Proerams
Employees are eligible to participate in all City sponsored programs passed by City Council
Resolutions that are intended to benefit all employees in the areas of, but are not limited to, the
following:
• Buyback of military leave for PERS retirement time
• Computer loan purchase plan
• Corrective eye surgery plan
• Hearing aid devise plan
• Tuition reimbursement plan
• Family Medical Leave Act (FMLA)
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ARTICLE EIGHT
WORK SCHEDULE AND ABSENCES
Section 1: Provisions
The Vernon Chief of Police at his sole discretion shall establish the work schedule.
Section 2: Work Schedule 3/12 Plan
Law Enforcement agencies are allowed to establish a work period of any length between seven
(7) and twenty-eight (28) consecutive days. At the City, employees must work one hundred
sixty (160) hours per twenty-eight (28) day cycle. In order to be compliant, employees will
work three (3), twelve and one half hour (12 1/2) days per week with a ten (10) hour
payback per month, without incurring any overtime.
In the event the City needs to adjust any work schedule, the City agrees that no such
modification will be conducted without first notifying the effected employee a minimum of 10
days prior to the change, unless agreed to by the effected employee(s) and the Chief of Police
or his designee.
The City agrees to continue the 3/12 Plan for employees assigned to patrol, with the exception
of specific assignments. The VPOBA agrees that the City may, at its sole discretion and at any
time, terminate the 3/12 Plan. The VPOBA agrees that the termination of the 3/12 Plan is not
subject to the grievance procedure or any other administrative review and that the 3/12 Plan is
not and shall not become a vested right in any manner, and that a decision to terminate such
3/12 Plan is subject to the meet and confer process.
Section 3: Shift and Code Seven Policy:
Patrol personnel shall work a twelve- and -one-half (121/2) hour shift. The first one-half hour
shall be used for briefing and training purposes. Lunch time (Code 7) shall be part of the shift
and is compensable.
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Section 4: Sergeants
Patrol sergeants are entitled to eight (8) months of weekends off per year (including Saturday,
Sunday and Monday). In the event there is a need to adjust a Patrol Sergeant's work schedule due
to staffing issues, no such modification will be conducted without first notifying the affected
Sergeant a minimum of 10 days prior to the schedule adjustment. There may be an exception to
the minimum schedule change notice if the affected Sergeant is an agreement to an immediate
change in his/her work schedule.
Section 5: Shift Trades
The practice of shift trading shall be voluntary on behalf of each employee involved in the trade.
A shift trade must be pre -approved by a supervisor. The trade must be due to the employee's
desire or need to attend to a personal matter and not due to the department's operations. The
employee providing the trade shall not have his/her compensable hours increased as a result of
the trade; nor shall the employee receiving the trade have his/her compensable hours decreased
as a result of the trade.
If one individual fails to appear for the other (regardless of the reason), the person who was
scheduled as a result of the shift trade will be listed as absent without leave and may be subject
to discipline.
Any premium pay or other extra compensation shall continue to accrue only to the person
originally entitled to the premium pay or extra compensation. Any hours worked beyond the
normal work day will be credited to the individual actually doing the work. "Paybacks' of shift
trade are the obligation of the two employees involved in the trade. "Paybacks" are to be
completed within one (1) calendar year of the date of the initial shift trade.
Any dispute as to the "paybacks" is to be resolved by the involved employees, and under no
33
circumstances will the department be obligated for any further compensation whatsoever to any
of the involved employees. The department is not responsible in any manner for hours owed to
employees by other employees that leave the employment of the City or are assigned other
duties. A record of all initial shift trades and "paybacks' shall be maintained by the involved
employees on forms provided by the Department.
Section 6: Early Relief
The practice of early shift relief shall be voluntary on behalf of each employee involved in the
relief. The employee providing the early relief shall not have his/her compensable hours
increased as a result of the early relief, nor shall the employee relieved early have his/her
compensable hours decreased as a result of the early relief.
"Paybacks" of early relief hours are the sole obligation of the two employees involved in the
early relief. Any dispute is to be resolved by the involved employees, and under no
circumstances will the Department be obligated for any further compensation whatsoever to
any of the involved employees. The Department is not responsible in any manner for hours
owed to employees by other employees who leave the employment of the City or are assigned
other duties.
Section 7: Staffing
The City agrees, at the minimum, to meet and discuss any newly budgeted sworn position to
determine special assignment pay, as appropriate.
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ARTICLE NINE
GRIEVANCE PROCEDURE
GRIEVANCE DEFINITION
A grievance shall be defined as an allegation by an employee or the Association of a
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 shall be defined for the purposes of this Article as any day in which the City Hall is open to
the public for the general conduct of business.
Step One - Immediate Supervisor
Within fifteen (15) days of the date the employee(s) knew or reasonably should have known of
the incident giving rise to the grievance, the employee(s) or the Association shall initiate the
grievance procedure by explaining the situation orally or in writing to the immediate supervisor
of the affected employee(s). 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. After the
presentation of the grievance to the supervisor, the supervisor shall make a decision and present
his/her decision, in writing, to the Association and employee(s) within five (5) days.
Step Two - Department Head
If the Association or employee(s) is not satisfied with the decision of the immediate supervisor,
the grievant(s) shall present the grievance, in writing, to the Chief of Police within ten (10) days
of the decision of the immediate supervisor. The Association and/or employee(s) waives the
right to proceed with the grievance if the grievant(s) does not act by this deadline. Within five
(5) days, the Chief of Police, or the designee of the Chief of Police, shall meet with the
Association and employee(s) to hear the grievance. Within five (5) days of hearing the
grievance, the Chief of Police or designee shall present his/her decision, in writing, to the
Association and employee(s), with copies to the Human Resource Director and the City
Administrator.
M
Step Three - City Administrator/Advisory Arbitration
If the Association or employee(s) is not satisfied with the result of the meeting with the Chief of
Police, 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 eight (8) 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 eight (8) 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, subject to the option of the
employee to bring a proceeding pursuant to Code of Civil Procedure sections 1094.5 and 1094.6.
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 only one party wishes to retain a
court reporter, the requesting party shall bear the cost of said reporter.
If the Association elects arbitration, the City shall request a list of seven (7) 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. If the parties are
unable to agree on an arbitrator from that list, an arbitrator will be selected by the parties
alternately striking names from the list until only one (1) name remains. The selected arbitrator
shall serve as the hearing officer. All arbitration proceedings arising under the Grievance
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.
Within eight (8) 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, subject to the option of the employee to bring a
36
proceeding pursuant to Code of Civil Procedure sections 1094.5 and 1094.6.
All time limits specified in the foregoing procedure may be waived only by mutual written
agreement.
37
ARTICLE TEN
DISCIPLINE & DISCIPLINARY APPEALS PROCEDURE
A. DISCIPLINARY ACTIONS
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.
The procedures herein shall be followed when, in the judgment of the Chief of Police, an
employee has committed an act or omission that justifies discipline. The Chief of Police 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.
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.
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.
Nothing in this article shall preclude the Chief of Police or his/her designee from ordering a
public safety officer to cooperate with other agencies involved in criminal investigations, except
where the public safety officer may be the focus .of the. investigation, If an officer fails to
comply with such an order, the officer may be officially charged with insubordination.
M-1
B. VERBAL OR WRITTEN REPRIMAND PROCEDURES/APPEALS
Any sworn employee having received a verbal or written reprimand shall be entitled to the
following appeal procedure; this will be the sole and exclusive procedure afforded to employees
for appealing disciplinary action consisting of a written reprimand or less. Subsection (D) (Pre -
Disciplinary Procedures), and Subsection (E) (Disciplinary Appeal Procedures), herein shall not
apply to disciplinary action consisting of a verbal or written reprimand. This appeal process
shall not be applicable to performance evaluations.
Within ten (10) days of the employee's receipt of the verbal or written reprimand, the employee
may request in writing a meeting with the supervisor who issued the reprimand. Failure to
request a meeting within ten (10) days will constitute a waiver of the employee's right to
respond. The employee's appeal may be made verbally or in writing. After the meeting or
receipt of the employee's written appeal, the supervisor will have ten (10) days to respond to the
employee in writing.
If the matter is not resolved to the affected employee's satisfaction, the employee may seek
review of the supervisor's decision by submitting a written request to the Chief of Police or
his/her designee within ten (10) days of receipt of the supervisor's decision. The determination
of the Chief of Police or his/her designee is final and binding, subject to the option of the
employee to bring a proceeding pursuant to Code of Civil Procedure sections 1094.5 and 1094.6.
C. PRE -DISCIPLINARY PROCEDURES
Prior to the suspension, demotion, reduction in pay or dismissal of any permanent employee for
disciplinary purposes, the following procedures shall be followed:
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.
39
Employee Review
The employee shall be supplied with a copy of the documents or materials upon which the
proposed disciplinary action is based.
Employee Restionse/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 ten (10) 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 information contained in the notice of proposed action, except that the employee's
formal appeal rights shall be stated.
Emeraencies
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 for up to five (5) days pending the processing of the notices required in Section C 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.
M
D. DISCIPLINARY APPEAL PROCEDURES
Major Discipline
Any permanent employee in the classified service shall have the right to appeal any dismissal,
suspension of three (3) days or more, reduction in salary, or non -probationary demotion. The
appeal process shall not be applicable to probationary employees. The appeal process shall not
be applicable to performance evaluations, verbal and/or written reprimands.
An employee desiring to appeal the discipline shall have ten (10) days after receipt of proposed
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, within the 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. If the employee files a timely
appeal, an arbitration appeal hearing shall be established as follows:
1. The employee shall submit a written request to the Human Resources Department for
advisory arbitration to the City Administrator or designee. The City and Association
will share equally share (i.e. 50/50) the arbitration -related expenses, excluding attorney
fees, expert witness(es) and staff time.
2. The City shall request a list of seven (7) arbitrators registered with the American
Arbitration Association, California State Conciliation Service or some other agreed upon
source within ten (10) days of the employee's request. If the parties are unable to agree
on an arbitrator from that list, an arbitrator will. be selected by the parties alternately
striking names from the list until only one (1) name remains.
3. The selected arbitrator shall serve as the hearing officer.
4. All arbitration 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.
5. All time limits specified in the procedure may be waived by mutual written agreement.
41
6. At the conclusion of the hearing, the arbitrator will submit his/her findings to the City and
the employee. Within eight (8) days of receiving the arbitrator'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.
Minor Discipline
Any permanent employee shall have the right to appeal any suspension below the threshold of
major discipline. This appeal process shall not apply to probationary employees.
If the issue cannot be resolved between the employee and the supervisor, the employee may,
within ten (10) days from receiving notice of the proposed discipline, request and be granted an
interview with the Chief of Police or his/her designee in order to discuss the appeal.
The Chief of Police or designee shall render his/her decision in writing within fifteen (15) days
of receiving the appeal. If the Chief of Police and employee are unable to arrive at a satisfactory
solution, the employee may, within fifteen (15) days from the date of the decision by the Chief of
Police, submit a written appeal to the City Administrator or designee. The City Administrator or
designee will respond or schedule a meeting within fifteen (15) days. The City Administrator or
designee shall render his/her judgment as soon after the conclusion of the hearing as possible and
in no event later than thirty (30) days after conducting the hearing. His/her decision shall set
forth which charges, if any, are sustained and the reasons therefore. The opinion shall set forth
findings of fact and conclusions. The decision of the City Administrator shall be final and
binding, subject to the option of the employee to bring a proceeding pursuant to Code of Civil
Procedure sections 1094.5 and 1094.6.
42
ARTICLE ELEVEN
MANAGEMENT RIGHTS
The City retains all its exclusive rights and authority under State and Federal law and expressly
and exclusively retains its management rights, which include, but are not limited to:
A. The exclusive right to determine the mission of its constituent departments,
commissions, and boards.
B. Set standards and levels of service.
C. Determine the procedures and standards of selection for employment and
promotions.
D. Direct employees.
E. Establish and enforce dress and grooming.;standards.
F. Determine the methods and means to relieve its employees from duty because of
lack of work or other lawful reasons..
G. Maintain the efficiency of governmental operations.
H. Determine the methods, means and numbers and kinds of personnel by which
government operations are to be conducted.
I. Determine the content and intent of the job classifications.
J. Determine methods of financing.
K. Determine style and/or types of city -issued wearing apparel, equipment
or technology to be used.
L. Determine and/or change the facilities, methods, technology, means,
organizational structure and size and composition of the work force and allocate
and assign work by which the City operations are to be conducted.
M. Determine and change the number of locations, relocations and type of operations
processes and materials to be used in carrying out all city functions, including, but
not limited to, the right to contract for or subcontract any work or operations of
the City.
N. Assign work to and schedule employees in accordance with requirements as
determined by the City and to establish and change work schedules and
assignments upon reasonable notice.
43
O. Establish and modify productivity and performance programs and standards.
P. Discharge, suspend, demote, reprimand, withhold salary increases and benefits, or
otherwise discipline employees in accordance with applicable state law.
Q. Establish employee performance standards including, but not limited to,
quality and quantity standards, and to require compliance therewith.
R. Take all necessary actions to carry out its mission in emergencies.
S. Exercise complete control and discretion over its organization and the technology
of performing its work.
The exercise of such rights shall not preclude employees or their representatives from meeting
and conferring or meeting and consulting, as required by law, with management representatives.
CC!
SIGNATURE PAGE
CITY OF VERNON VERNON POLICE
MANAGEMENT ASSOCIATION
Mark Whitworth Lorenzo Gaytan
City Administrator / "MERR" President
Teresa McAllister Gustavo Herrera
Director of Human Resources Secretary
Kristen Enomoto
Deputy City Administrator
Alex Kung
Economic Development Manager
APPROVED AS TO FORM:
Zaynah Moussa
Deputy City Attorney
APPROVED AND ADOPTED BY THE CITY COUNCIL ON
RESOLUTION NO.
ATTEST:
Ana Barcia
Deputy City Clerk
45
Dated:
PER
TRANSMITTAL COMMUNICATION
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
October 23, 2014
Vernon Police Officers' Benefit Association
Attn: Larry Gaytan, President
4305 Santa Fe Avenue
Vernon, CA 90058
Re: Vernon Police Officers' Benefit Association Memorandum of Understanding for the Period
of July 1, 2014 — June 30, 2017
Dear Mr. Gaytan:
Transmitted herewith is a fully executed copy of the original Memorandum of Understanding
approved by City Council on September 16, 2014, through Resolution No. 2014-57.
If you have any questions regarding this matter, please call Mark Whitworth, at (323) 583-8811
ext. 398.
Very truly yours,
4f'
oraDeZR. Juarez GG c
Records Management Assistant
Enclosure
c: Daniel Calleros
William Fox
Gustavo Herrera
Teresa McAllister
Mark Whitworth
Resolution No. 2014-57
Agreement No. 14-083
Excfusivefy Industrial
FULLY EXECUTED AGREEMENT
CONTRACT/AMENDMENT SIGNATURE ROUTING FORM
CONTRACTOR: Vernon Police Officer's Benefit Association
CONTRACT PURPOSE: Memorandum of Understanding July 1, 2014 — June 30, 2017
CONTRACT IS: ❑ FEDERAL ❑ PREVAILING WAGE ❑ COMPETITIVE SELECTION & NOTICED RFP
❑ COMPETITIVE BID & NOTICED INVITATION TO BID
2'EXEMPT FROM COMPETITIVE PROCESS (APPROVAL ATTACHED)
❑ SERVICES D MATERIALS B'BUDGETED D NOT BUDGETED
TOTAL CONTRACT VALUE: $ 1- 06a Charge Acct. No(s)
Amendment Value $_ _ . .o Contract is an Amendment to Contract No. (if applicable)
RESPONSIBLE DEPARTMENT PERSON: Teresa McAllister PHONE: ext. 239
AUTHORIZATION: N(Approved by Council on 9/16/2014
(Check One) Resolution No. IA-43'1 (if applicable)
❑ Approved by City Administrator on
Note: Attach supporting documentation
DAmendment Approved by (if applicable)
ROUTING SEQUENCE: (Please Follow In Order — Do not use N/A)
(1) Responsible Department Person
Checks substance of contract and assembles two (2) copies of
contract, insurance & bond documents, certifies compliance
with Competitive Bidding and Purchasing Ordinance
(2) Liability and Claims
Approves insurance and sureties, if bonds required
(3) Finance (Purchasing) ,
Checks compliance with Competitive Bidding & Living Wage Ordinances
and reflected in current budget
Initials
Date
&f
(4) City Attorney � 1
Approves contract as to form, verifies bonds and insurance included —44
('a
(5) City Signatory
Signs all copies on behalf of City
./
ld 1s'/
(6) City Clerk
A /
Attests signatures, numbers, files contract, insurance and bonds, and 40
transmits duplicate original to contractor, notifies IT to remove related RFP/bid
notice, notifies any "consultant" of duties to file Form 700, if applicable
Rev. 1/27/14
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
AND
VERNON POLICE OFFICERS' BENEFIT ASSOCIATION
July 1, 2014 through June 30, 2017
TABLE OF CONTENTS
MEMORANDUM OF UNDERSTANDING
Parties to the Memorandum of Understanding.................................................................... 6
ARTICLE ONE: FUNDAMENTALS
Section1: Recognition................................................................................................ 7
Section 2: No Discrimination....................................................................................... 7
Section 3: Mutual Cooperation.................................................................................... 7
Section4: Layoffs......................................................................................................... 7
Section 5: No Strikes or Lockouts................................................................................. 7
Section 6: City / VPOBA Meetings............................................................................ 8
Section 7: Association Business................................................................................... 8
ARTICLE TWO: LEGAL LIMITATIONS, SAVINGS CLAUSE& TERM
Section 1:
Legal Limitations and Savings Clause........................................................
9
Section2:
Term............................................................................................................
9
Section 3:
Maintenance of Existing Conditions............................................................
9
Section 4:
Modification and Waiver...........................................................................
10
Section5:
Severability.................................................................................................
10
ARTICLE THREE: SALARIES
Section 1:
Police Officers..............................................................................................
I I
Section2:
Sergeants.......................................................................................................12
Section3:
Merit Steps...................................................................................................12
Section 4:
Salary Adjustment Increase.........................................................................
13
Section5:
Premium Pay.................................................................................................13
Section 6:
Bilingual Pay.................................................................................................13
Section 7:
"P.O.ST." Certificate Incentive.....................................................................13
Section8:
Shooting Pay.................................................................................................14
Section 9:
Field Training Officer ..................................................................................
14
2
Section 10: Canine Handlers ......................................
Section 11: Motor Officers .........................................
Section 12: Relief Sergeant .........................................
14
....................................... 15
....................................... 15
ARTICLE FOUR: LONGEVITY
Section 1: Employees Hired Before July 1, 1995 .......................
Section 2: Employees Hired On or After July 1, 1995 ...............
ARTICLE FIVE: OVERTIME
..................... 16
..................... 17
Section 1:
Overtime Authorization.................................................................................18
Section2:
FLSA Overtime.............................................................................................
18
Section3:
Comp Time...................................................................................................
18
Section 4:
Leave Time Inclusion...................................................................................
19
Section 5:
Training and Recertification.........................................................................
19
Section 6:
Court Attendance and "Stand By" Time .......................................................
19
Section7:
Call Backs.....................................................................................................
21
Section8:
Jury Duty.......................................................................................................
22
Section9:
Non-Compensable..........................................................................................22
ARTICLE SIX: UNIFORMS, ALLOWANCE AND SAFETY EQUIPMENT
Section 1: Uniform Allowance....................................................................................... 24
Section 2: Summer Uniforms.......................................................................................... 24
Section3: Safety Equipment.......................................................................................... 24
3
ARTICLE SEVEN: BENEFITS
Section 1:
Public Employees Retirement System..........................................................
25
Section 2:
Supplemental PERS Benefits.......................................................................
25
Section3:
Medical..........................................................................................................
26
Section 4:
Cafeteria Plan .................................................................................................
26
Section5:
Dental Plan .....................................................................................................
26
Section6:
Vision Plan .....................................................................................................
27
Section 7:
Life Insurance................................................................................................
27
Section 8:
Retirees Medical..........................................................................................
27
Section 9:
Vacation Time...............................................................................................
29
Section 10:
"In Lieu" Holiday Time.................................................................................
29
Section11:
Sick Leave......................................................................................................
30
Section 12:
Bereavement Leave.......................................................................................
30
Section 13:
Auto Insurance..............................................................................................
31
Section14:
Deferred Comp...............................................................................................31
Section 15:
Other City Employee Programs.....................................................................
31
ARTICLE EIGHT: WORK SCHEDULE AND ABSENCES
Section1:
Provisions.....................................................................................................
32
Section 2:
Work Schedule 3/12 Plan ...............................................................................
32
Section 3:
Shift and 7 Code Policy.................................................................................
32
Section4:
Sergeants......................................................................................................
33
Section 5:
Shift Trades..................................................................................................
33
Section6:
Early Relief...................................................................................................
34
Section7:
Staffing...........................................................................................................
34
ARTICLE NINE: GRIEVANCE PROCEDURE
Grievance Procedure Steps.................................................................................................. 35
ARTICLE TEN: DISCIPLINE PROCEDURE
Discipline Procedures.......................................................................................................... 38
4
ARTICLE ELEVEN: MANAGEMENT RIGHTS
ManagementRights.............................................................................................................. 43
SIGNATURE PAGE
Signatures............................................................................................................................. 45
w
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
MUD
VERNON POLICE OFFICERS' BENEFIT ASSOCIATION
Parties to the Memorandum of Understanding
Pursuant to Chapter 10 (section 3500 et seq) of Division 4, Title 1 of the Government Code and
Resolution No. 4027, the Resolution for the administration of Employer -employee relations, the
matters within the scope of representation that are set forth in this Memorandum of
Understanding (MOU) have been discussed by and between representatives of the City of
Vernon and the representatives of the Vernon Police Officers' Benefit Association (hereinafter
"VPOBA") and except as otherwise specifically provided herein shall apply only to those
defined in the aforesaid Resolution as "full-time and regular part-time employees in the Police
Department except management and confidential employees" (Section 8B(2) "Group 2"),
otherwise known as Police Officers and Sergeants.
This MOU constitutes a joint agreement by the Municipal Employee Relations Representative
("MERR") and the VPOBA, to be submitted to the City Council of Vernon for its determination
and approval by one or more Resolutions or Ordinances as the City Council may deem fit and
proper.
The MERR and the Representative of the VPOBA have agreed that they will jointly urge the
City Council of Vernon to adopt one or more Resolutions or Ordinances reflecting the changes in
wages, hours, and other conditions of employment agreed upon in this MOU.
If approved, the terms agreed upon by this MOU shall be effective as of July 1, 2014, and shall
expire at midnight on June 30, 2017.
IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN STATED, the VPOBA
and the City of Vernon agree as follows:
2
ARTICLE ONE
FUNDAMENTALS
Section 1: Recognition
The City of Vernon recognizes the Vernon Police Officers' Benefit Association ("VPOBA") as
the certified majority representative of the employees, comprised of Police Officers and
Sergeants, as the exclusive representative of the employees for purposes of collective bargaining
for all terns and conditions within this Memorandum of Understanding.
Section 2: No Discrimination
The provisions of this Memorandum of Understanding shall be applied equally to all employees
covered hereby. Neither the City nor the VPOBA shall discriminate against any individual,
applicant or employee with respect to his compensation, terms, condition, or privileges of
employment or because of an individual's race, color, sex, religion, national origin, age, marital
status, disability, pregnancy, sexual orientation, political or religious opinions or affiliations, or
membership or non -membership in the VPOBA.
Section 3: Mutual Cooueration
The parties recognize the necessity of cooperating on matters of mutual concern and interest and
agree to work together to maximize the effectiveness of the Police Department and the City and
to accomplish legislative and funding goals in their mutual interest.
Section 4: Layoffs
In accordance with the Meyers-Milias Brown Act, the City and the Association shall meet and
confer on the effect of its actions to layoff. This will occur prior to implementation of layoffs,
except in emergency circumstances wherein the City Council declares a fiscal emergency
pursuant to Article II, Chapter 2.2 of the City of Vernon City Charter. 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, slowdowns, or picketing shall be
caused or sanctioned by the VPOBA, and no lockouts shall be made by the City.
7
Section 6: City/VPOBA Meetings
Representatives from the VPOBA and the City shall meet as needed to discuss issues of mutual
concern.
Section 7: Association Business
Representatives of the VPOBA shall be allowed time to conduct their Association business as
necessary during work hours. Coordination of such work will be made with the Chief of Police
to ensure the availability of staffing levels for such meetings.
The VPOBA President will have available to him/her a total of 170 hours of Association Leave
Time at the beginning of each calendar year for conducting Association business off -duty during
time he/she and/or any of his Association board members would be regularly scheduled to work.
A. The VPOBA President will be responsible for assigning any Association Leave Time
to his board members. Unused hours may not be carried over from one year to the
next without the written authorization of the Police Chief or his/her designee.
B. In each case where Association Leave Time is requested, such request must be in
writing to the Police Chief or his/her designee or above a minimum of 72 hours
before the Leave Time is needed unless authorized in writing by the Police Chief or
his/her designee.
C. Association Leave Time will not be granted if it will cause overtime unless it is
authorized in writing by the Police Chief or his/her designee.
D. In no case will Association Leave Time be used for political action purposes.
ARTICLE TWO
LEGAL LIMITATIONS, SAVINGS CLAUSE, AND TERM
Section 1: Legal Limitations and Savings Clause
It is understood and agreed that this Memorandum of Understanding (including, but not limited
to, the provisions of the Fair Labor Standards Act) and any and all Resolutions or Ordinances
adopted in implementation thereof are and shall be subject to all present and future applicable
federal and state laws and regulations and shall be effective and implemented only to the extent
permitted by such laws and regulations.
If any part of this Memorandum of Understanding or of any Resolution or Ordinance adopted in
implementation thereof is in conflict or inconsistent with any such applicable provisions of
federal and state laws or regulations or otherwise held to be invalid or unenforceable by any
tribunal of competent jurisdiction, such part or provision shall be suspended and superseded, and
such applicable laws and regulations and the remainder of this Memorandum of Understanding
shall not be affected thereby and shall remain in full force and effect.
Section 2: Term
(a) Except as otherwise provided herein, this Memorandum of Understanding shall be in full
force and effect from July 1, 2014, and shall remain in full force and effect up to and
including midnight, the 30th day of June 2017 or until the next Memorandum of
Understanding becomes effective.
(b) This Memorandum of Understanding shall be binding on the City and the Association
when approved and adopted by the City Council.
Except as otherwise provided herein, the City and the Association agree to submit
proposals for any changes related to wages, benefits and/or other terms of and conditions of
employment affecting this Memorandum of Understanding between February 1, 2017 and March
1, 2017.
Section 3: Maintenance of Existing Conditions
Any employment policy, practices and/or benefits, including the alternative workweek schedule and
overtime compensation are incorporated into this Memorandum of Understanding, unless
otherwise stated herein. In the event of a conflict between the Memorandum of Understanding and
an existing policy and/or practice, this Memorandum of Understanding shall govern.
Section 4: Modification and Waiver
The City reserves the right to add to, delete from, amend or modify the Administrative rules, the
City Municipal Code, and the City's Personnel Policies and Procedures Manual during the term
of the Memorandum of Understanding, subject to the requirements of the Meyers-Milias-Brown
Act and the Public Safety Officers' Procedural Bill of Rights Act.
Section 5: Severability.
In the event that a court finds any provision(s) of this Memorandum of Understanding to be
invalid or unenforceable, the parties intend that the remaining provisions remain in effect. The
parties further agree to meet and confer for purposes of negotiating an alternative to any
provision declared invalid or unenforceable.
10
ARTICLE THREE
SALARIES
(a) Effective July 1, 2014, Police Officers and Police Sergeants who were hired or promoted
before July 1, 2014 and have not attained their maximum salary step shall be
grandfathered into their current salary grade and step.
(i) Effective September 1, 2014, Police Officers only who have not attained their
maximum salary step in the grandfathered salary plan shall be placed at the top step of
their current grade and thereafter their respective salaries shall be Y-rated and frozen
during the term of this contract.
(b) Effective July 1, 2014, employees who have attained the maximum step of their current
salary grade and are above the maximum recommended 7501 percentile grade and step
plan shall be Y-rated and thereafter their respective salaries frozen during the term of this
contract.
(c) Effective July 1, 2014, employees represented in the Police Officers Benefit Association
who are hired or promoted on or after July 1, 2014 shall be placed at the appropriate step
within the proposed grade and step pay plan as a result of the city wide classification and
compensation study based upon the 75th percentile.
(i) Effective January 1, 2015, employees represented in the Police Officers Benefit
Association (excluding Y-rated and grandfathered employees) shall receive a 1.5% cost
of living increase.
(ii) Effective July 1, 2015, employees represented in the Police Officers Benefit
Association (excluding Y-rated and grandfathered employees) shall receive a 1.5% cost
of living increase.
Section 1: Police Officer
Effective the beginning of the pay period containing January 1, 2015 the base monthly salary of
a Police Officer (excluding Y-Rated employees) shall be increased by 1.5% as follows:
Step 1 $5,852
Step 2 $6,146
Step 3 $6,453
Step 4 $6,775
Step 5 $7,114
Yl $7,771
Effective the beginning of the pay period containing July 1, 2015, the base monthly salary of a
Police Officer (excluding Y-Rated employees) shall be increased by 1.5% as follows:
Step 1
$5,940
Step 2
$6,238
Step 3
$6,550
Step 4
$6,877
Step 5
$7,221
Yl
$7,771
11
Section 2: Police Sergeant
Effective the beginning of the pay period containing January 1, 2015 the base monthly salary of
a Police Sergeant (excluding Y-rated and grandfathered employees) shall be increased by 1.5%
as follows:
Step 1
$7,470
Step 2
$7,844
Step 3
$8,236
Step 4
$8,648
Step 5
$9,080
Yl
$8,501
Y2
$8,968
Y3
$9,462
Effective the beginning of the pay period containing July 1, 2015 the base monthly salary of a
Police Sergeant (excluding Y-rated and grandfathered employees) shall be increased by 1.5% as
follows:
Step 1
$7,582
Step 2
$7,962
Step 3
$8,360
Step 4
$8,778
Step 5
$9,216
Yl
$8,501
Y2
$8,968
Y3
$9,462
Section 3: Merit Steps
Salary increases to higher pay grade steps are merit steps only, and shall be available to
employees as recognition and reward for satisfactory services with the time frames described in
the Personnel Policies and Procedures, Performance Evaluation Policy. Merit increases to any
said step shall remain the sole discretion of the City Council.
Effective July 1, 2015 — Employees and Gandfathered Sergeants not at the top of their current
salary grade who in the discretion of the Police Chief and in accordance with the City's
Performance Evaluation Policy, have attained one year of satisfactory service as of their
immediately preceding classification anniversary date shall receive a one-time 5% merit increase
during the term of this contract. Future salary increases to any said step 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.
12
Notwithstanding the above provision, any person employed in a position of Police Officer, Step
1, shall be appointed to Step 2 upon his/her successful completion in an assigned accredited
training academy, and any person employed in a position of Police Officer, Step 2, shall be
appointed to Step 3 after serving at least six (6) months in the field and upon receiving a merit
evaluation of satisfactory/competent. Any person who qualifies for said increase shall have
his/her anniversary date for future merit increases established as of the date said officer is
appointed to said Step.
Section 4: Salary Adiustment Increase
In the event there is a salary inequity between ranks or between employees within the
Department, the Chief of Police may incorporate a service adjustment increase up to ten percent
(10%) per month of their base salary.
Section 5: Premium Pav
In the event a Police Officer or a Sergeant is assigned to the Detective Division, the Professional
Standards Division, or an outside detail or task force, he/she shall receive premium pay equal to
five percent (5%) of his/her base pay per month, and the premium pay shall not be considered to
be part of the employee's base monthly salary when computing Peace Officers Standards and
Training (P.O.S.T.) certificate incentives; however, it shall be considered as part of the base
monthly salary for purposes of computing overtime pay and last highest annual salary.
Section 6: Bilingual Pav
A VPOBA employee may be compensated for bilingual skills after the employee demonstrates
proficiency in speaking a foreign language (the ability to read and write in a foreign language
may also be tested, if necessary), which proficiency would be determined by successful
completion of a foreign language proficiency test designated by the Human Resources
Department. Those employees who successfully demonstrate this skill are eligible to receive an
additional One Hundred Twenty -Five Dollars ($125.00) per month for bilingual pay and shall
not be considered to be part of the employee's base monthly salary when computing Peace
Officers Standards and Training (P.O.S.T.) certificate incentives; however, it shall be considered
as part of the base monthly salary for purposes of computing the last highest annual salary.
Section 7: Peace Officers Standards and Training ("Post") Certificate Incentive
VPOBA employees who have completed their evaluation period shall be entitled to P.O.S.T.
13
certificate pay as follows:
• Three percent (3%) of the employee's basic monthly salary, excluding all other
compensation, for a P.O.S.T. intermediate certificate; or
• Six percent (6%) of the employee's basic monthly salary, excluding all other
compensation, for a P.O.S.T. advanced certificate.
Payment of the above -referenced incentive compensation shall not be cumulative; only the
highest applicable incentive pay level shall apply.
Incentive pay shall be payable the month following the month during which the certificate is
granted.
P.O.S.T. certificate pay shall be considered as part of the base monthly salary for purposes of
computing the last highest annual salary
Section 8: Shooting Pay
Effective August 1, 2014, Shooting Pay for all employees shall be discontinued.
Section 9: Field Training Officers
Police Officers assigned by the Chief of Police or his/her designee, as Field Training Officers
shall receive a deferential of five percent (5%) of their base salary for the period so assigned.
This 5% deferential shall be considered a part of their base salary when calculating Longevity,
SAI and P.O.S.T certificate pay.
Each officer assigned as a Field Training Officer shall complete a P.O.S.T. approved Field
Training Officer School prior to assignment.
The number of field training officers, qualifications, and training for such assignment shall be
determined by the Chief of Police. Such assignment maybe revoked at any time without recourse
to the disciplinary procedure.
Section 10: Canine Handlers
Each member of the canine team is responsible for the care and maintenance of their assigned
Police Service Dog (PSD) both on and off duty. Each handler assigned to the canine team will be
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paid three (3) hours of overtime each week. This overtime pay will compensate the handler for
the time spent providing care for their PSD outside of normal duty hours.
Section 11: Motor Officers
Each Operator shall be provided with one (1) hour off per work week for motorcycle
maintenance. Time off shall be scheduled either at the beginning or end of a shift with the Watch
Commander to ensure sufficient staffing levels.
Section 12: Relief Seraeant
Vernon has established a Sergeant's relief position with a salary equal to the salary received by
Patrol Sergeants. The Chief of Police has the discretion to assign additional duties to the
Sergeant assigned to this position.
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ARTICLE FOUR
LONGEVITY
Section 1: Employees Hired Before July 1, 1995
Effective August 31, 1986, the City established a four -step Longevity program for all employees.
Said Longevity program is as follows:
• All eligible employees who have five years of service on or before August3l, 1986, shall
receive an additional five percent (5%) per month of their base salary effective August 31,
1986, and every year thereafter until reaching the next Longevity level. Employees upon
reaching their 5th anniversary date after August 31, 1986, shall be entitled to said five
percent (5%) per month upon said anniversary date.
• All eligible employees who have ten (10) years of service on or before July 1, 1987, shall
receive an additional ten percent (10%) per month of their base salary effective July 1,
1987, and every year thereafter until reaching the next Longevity level. Employees upon
reaching their 10th anniversary date after July 1, 1987, shall be entitled to said ten percent
(10%) per month upon said anniversary date. Said ten percent (10%) is in place of the five
percent (5%) referenced in paragraph 1 above and not cumulative therewith.
• All eligible employees who have fifteen (15) years of service on or before July 1, 1988,
shall receive an additional fifteen percent (15%) per month of their base salary
effective July 1, 1988, and every year thereafter until reaching the next Longevity level.
Employees upon reaching their 15th anniversary date after July 1, 1988, shall be
entitled to said fifteen percent (15%) per month upon said date. Said fifteen percent
(15%) is in place of each of the amounts referenced in paragraphs 1 and 2 above and
not cumulative therewith.
• All eligible employees who have twenty (20) years of service on or before July 1, 1989,
shall receive an additional twenty percent (20%) per month of their base salary effective
July 1, 1989, and every year thereafter. Employees upon reaching their 20th anniversary
date after July 1, 1989 shall be entitled to said twenty percent (20%) per month upon said
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anniversary date. Said twenty percent (20%) is in place of each of the amounts referenced
in paragraphs 1, 2 and 3 above and not cumulative therewith.
Section 2: Employees Hired on or After July 1. 1995 and on or before December 31,
2013.
All employees who are hired on or after July 1, 1995 and before December 31, 2013, who attain
five (5) years of consecutive uninterrupted employment shall receive an additional five percent
(5%) per mouth of their base salary. Such employees shall be entitled to receive such five
percent (5%) increase upon reaching their 5th anniversary date. Such employees will not be
entitled to receive any additional Longevity percentage increase to their base salary for further
service.
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ARTICLE FIVE
OVERTIME
Section 1: Overtime Authorization
All overtime requests must have prior written authorization of a supervisor prior to the
commencement of such overtime work. Where prior written authorization is not feasible, explicit
verbal authorization must be obtained. Where verbal authorization is obtained, written
authorization must be obtained as soon thereafter as practicable. Dispatched calls extending
beyond the end of duty time are considered as authorized.
Section 2: F.L.S.A. Overtime
Employees required to perform in excess of the standard work period of 160 hours in a 28-day
cycle shall receive compensation at the rate of time and one-half their regular rate of pay or time
and one-half "compensatory time" for each hour worked. The regular rate of pay shall include
the following components in addition to base salary:
• P.O.S.T. Certificate Pay
• Special Assignment Pay
Section 3: Compensatory Time
Employees may not earn more than forty (40) hours of compensatory time during any FLSA 28-
day cycle. At such time as an employee earns forty (40) hours of compensatory time within a
given 28-day work cycle, any additional overtime in that cycle shall be paid to the employee at
time and one-half of his/her regular rate of pay.
Employees may not accumulate more than 240 hours of compensatory time. An employee must
be paid at the rate of time -and one-half for any overtime worked beyond the 240- hour
compensatory time "cap."
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Section 4: Leave Inclusions
In determining an employee's eligibility for overtime compensation in a work period, paid leaves
of absence will be included in the total number of hours worked. Paid leaves of absence include,
but are not limited to, the following:
1.
Vacation
2.
Holiday Leave
3.
Sick Leave
4.
Administrative Leave
5.
Compensatory Leave
6. Workers' Compensation Leave (4850 time)
7. Jury Duty
8. Bereavement Leave
9. Military Leave
10. Association Leave
Section 5: Training and Recertification Time
Training time that is required is compensable.
Recertification time that is directly related to an employee's job will be compensable if
completed during assigned work hours.
Section 6: Court Attendance and "Stand By" Time
Court Appearances
Employees shall be compensated for court appearances in the line of duty outside regular
scheduled duty hours as follows:
A. Court appearances which extend beyond an employee's normal shift assignment shall be
compensated as paid overtime. For purposes of calculating F.L.S.A. overtime pursuant to
this section of this MOU, only the actual time spent in court or traveling in a City vehicle
to and from the Station shall be credited as hours worked. Travel time to and from one's
private residence shall not be considered hours worked and shall not be compensated in
any manner whatsoever.
B. Notwithstanding the provisions of "A" above, employees required to attend court
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sessions outside a scheduled work shift shall be compensated a minimum guarantee of
four (4) hours at time and one-half (1.5). The court appearance minimum of four (4)
hours or court stand-by time shall not apply to employees appearing in court during an
on -duty status, whether it be his/her regularly assigned shift or an overtime shift
assignment, or employees are receiving pay from the City for another reason (i.e., IOD or
Administrative Leave).
C. No more than one guaranteed minimum of four (4)-hours shall be paid in any one day. In
the event an employee receives two or more court appearance notices for the same day
(for example, morning and afternoon session) the court appearance shall be for the total
accumulative hours for the day to attend court. In such cases, an employee shall be
compensated at time and one-half (1.5) at his/her regular hourly rate for court duty
assignment beyond the guaranteed minimum of four (4) hours.
D. If an employee is required to stay beyond four hours in court, the employee shall be
compensated at time and one-half (1.5) at their regular hourly rate for all hours spent in
their court duty assignment that day.
E. When an employee is scheduled for duty and a court appearance is required within one-
half (1/2) hour before his/her shift or one-half (1/2) hour after the end of his/her shift, the
employee shall not be eligible for the four (4) hour court appearance minimum.
However, the employee shall be compensated for such overtime worked at 1.5 times
his/her regular rate of pay.
F. After receiving a court appearance subpoena, an employee may not request or take
vacation (or other requested/approved leave) on the appearance date, unless the
court/subpoenaing party approves the employee's request to reschedule. If an employee
has requested or is scheduled to be off duty on vacation (or other requested/approved
leave) prior to receipt of a subpoena, and the request to reschedule the court appearance is
denied, he/she will be eligible for the court appearance overtime provisions of this
section.
Stand By Time
If an employee receives a subpoena to be placed on standby, the effected employee shall be
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compensated for Stand By status as follows:
A. An employee who is placed on Stand By status for a half court day, which shall
consist of either a morning session or afternoon session of court, shall be paid Sixty
Dollars ($60.00).
B. An employee who is placed on Stand By status for a full court day, which shall
consist of the morning session and the afternoon session of court, on the same day,
shall be paid One Hundred Nineteen Dollars ($119.00). However, if said employee is
required to appear in court, he/she shall receive court appearance compensation rather
than Stand By compensation for his/her time in court.
C. The parties agree that Stand By pay shall not count toward hours worked and that the
provision complies with the F.L.S.A.
D. Alternatively, an employee (at the employee's option and with the permission of the
Chief of Police or his designee) on court Stand By may report to the police station, in
uniform, for assignment while awaiting court. Under these circumstances, an
employee shall be compensated on an hour -for -hour basis (if on overtime, at time and
a half) for time actually worked while on Stand By.
E. No additional payment other than that set forth in Section 6 of the MOU shall be
made for Court Pay
Section 7: Call Backs
Call Back duty occurs when an employee is ordered to report to duty on a non -regularly
scheduled work shift. Call Back does not occur when an employee is held over from his/her prior
shift or is working prior to his/her regularly scheduled shift. This provision is also to be
distinguished from Court pay, which is to be used when an employee is called to court.
An employee called back to duty shall be credited with a minimum of four (4) hours work. Any
hours worked in excess of four hours shall be credited on an hour -for -hour basis (at time and
one-half compensation) for actual time worked.
If the employee is ordered to return to work immediately, his work time shall be credited
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commencing immediately after the employee has been directly contacted by the employer.
Section 8: 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.
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.
B. 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.
C. 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 9: Non-Comnensable
A. City Vehicle Use —Employees who are provided with a City vehicle to travel to and from
work shall not be compensated in any manner whatsoever for travel time to and from work. This
provision also applies in those situations where the radio must be left on and monitored unless
answering a call for service.
B. Clothes/Uniform Changing Time —Employees are not authorized to wear their uniforms
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or any part thereof that is distinguishable as such unless on duty. Each employee is
provided with a locker for his/her personal convenience. Any employee may or may not
utilize the locker for storage and changing purposes at his/her own discretion.
Nothing herein prevents an employee from wearing his/her uniform to and/or from
his/her residence to work as long as the badge and insignia are covered in a non -police
issue garment such as a windbreaker. Employees choosing to wear their uniforms
covered to and/or from work should not wear their "Sam -Browne" belt.
Time spent in changing clothes before or after shift, or during lunch, is not considered
hours worked and is not compensable in any manner whatsoever.
C. Exempt --The Chief of Police and Captains are exempt from overtime. For purposes of
treatment of overtime, the classification of Police Sergeant shall be treated in the same
manner as Police Officers.
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ARTICLE SIX
UNIFORMS, ALLOWANCE AND SAFETY EQUIPMENT
Section 1: Uniform Allowance
The City will pay each Group 2 employee who has completed his or her first year of service with
the City and who is on the active payroll of the Vernon Police Department the sum of One
Thousand Dollars ($1,000) per fiscal year for the purchase of uniforms and related equipment.
Such payment shall occur within the month of August of each year. Uniform allowance is special
compensation that shall be deemed earned when paid and shall be reported to CalPERS as
compensation earnable.
Section 2: Summer Uniforms
Employees who are assigned to patrol will be allowed to utilize summer uniforms (blue
shirt/blue shorts) on any day at the discretion of the Chief of Police. The Chief of Police shall
establish authorization or notification procedures, as well as summer uniform requirements.
Section 3: Safety Equipment
The City shall, every three (3) years, pay one half of the cost of the member's individual body
armor if the member presents to the City a receipt for body armor that meets Departmental
specifications. If the City provides individual body armor to an employee, and the employee
accepts such body armor, then the three (3) year time period shall begin upon acceptance of the
body armor by the employee.
Employees who carry a private weapon which has been expressly approved by the Vernon Police
Department and suffer the loss or damage of such weapon in the line of duty shall be
compensated by the City of Vernon up to the amount of replacement cost of the official issue
weapon of the Vernon Police Department unless such loss or damage was caused by the
employee's negligence.
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ARTICLE SEVEN
BENEFITS
Section 1: Public Employee Retirement System ("PERS")
The City shall maintain its contract with the California Employees Public Retirement System
(PEAS) that provides employees with three percent (3%) at 50 PERS retirement benefit plan.
As a result of the recent passage of AB 340 Public Employee Pension Reform (PEPRA), new
Ca1PERS members hired on or after January 1, 2013 who meet the definition of new member
under PEPRA, shall be provided a 2.7% at 57 PERS retirement benefit plan.
Employees shall be responsible for paying their PERS nine percent (9%) employee's
contributions.
Section 2: Supplemental PERS Retirement Benefits
The City agrees to provide additional supplemental retirement benefits to employees under PERS
as follows:
• Gov't Code Section: 20042 — One Year Final Compensation:
Final compensation is the average full-time monthly pay rate for the highest twelve (12)
consecutive months.
New employees hired on or after January 1, 2013 who meet the definition of new
member under PEPRA shall receive 3 Year Final Compensation.
• Gov't Code Section: 20124 - Military Service Credit as Public Service:
Employees may elect to purchase up to four (4) years of service credit.
• Gov't Code Section: 21571 — Basic Level of 1959 Survivor Benefits:
Provides surviving benefactor a monthly allowance up to four -hundred thirty dollars
($430).
• Gov't Code Section: 21624 & 21626& 21628 - Post Retirement Survivor Allowance:
Provides surviving spouse fifty percent (50%) of the amount of retirement allowance,
dependent on option choices, in effect at the time of death of retiree.
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Section 3: Medical,
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
Section 4: Cafeteria Plan.
The City and Association agree to a section 125 cafeteria plan (non -cash out), effective
January 1, 2015. The City will adhere to the cafeteria plan requirements in accordance with
IRS Section 125 regulations. The City shall provide to each employee in this bargaining unit a
monthly allowance toward the cost of his/her medical plan as outlined in Subsections A and B
below. In the event an employee does not exhaust nor exceed his/her monthly medical
allowance, the employee shall be allowed to apply any unused portion towards the purchase of
dental, vision, supplemental or ancillary plans offered through the City and approved by the
Director of Human Resources.
A. For VPOBA employees enrolled in either the HMO or PPO (non-HSA) medical plans,
the City shall pay up to $1,165 per month of the cost of the plan for employees and
eligible dependents. The cost of any plan selected by the employee that exceeds $1,165
shall be paid by the employee through a pre-tax deduction.
B. For VPOBA employees enrolled in the HSA PPO plan, the City shall pay up to $850 per
month of the cost of the plan for employees and eligible dependents. 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.
Section 5: Dental:
The City of Vernon provides a dental insurance plan to employees. In the event an employee
26
does not exceed his/her monthly employer medical allowance, the employee shall be allowed
to apply any unused portion toward the purchase of dental insurance for himself/herself 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.
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. In the event an employee does not exceed his/her monthly employer medical
allowance, the employee shall be allowed to apply any unused portion towards the purchase of
additional provided coverage for vision care.
Section 7: Life Insurance:
The City provides a $20,000 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. In the event an
employee does not exceed his/her monthly employer medical allowance, the employee shall be
allowed to apply any unused portion towards the purchase of additional provided coverage for
supplemental life insurance.
The City's agreement to pay full or partial costs of said premiums shall not create or ripen into a
vested right for said employee; however, the City shall be obligated to pay the cost or provide
said medical, dental, vision, and life insurance benefits as described so long as this MOU
remains in effect.
Section 8: Retiree's Medical
Employees must retire from the City of Vernon under a Ca1PERS Benefit Formula (i.e. Age 50
or 57 Formula) to be eligible for Retiree Medical/Dental Benefits.
27
The City shall pay up to $1,100 per month towards the employee's option of the City's medical
and dental insurance programs for the employee and his/her eligible spouse in the classifications
represented by the Vernon Police Officers Benefit Association who have been employed as
sworn Peace Officers for a minimum of twenty (20) years and a minimum of 10 years of that
service has been in the employment of the City of Vernon. The maximum $1,100 City
contribution shall be applied only toward a city provided medical and dental premium plan
payment and shall have no cash surrender value.
The City's contribution toward the Retiree Medical/Dental Benefit Plan shall continue for said
retired employee and eligible spouse up to the age of sixty-five (65). Upon reaching the age of
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 $1,100 per
month of the cost to provide any Medicare supplemental medical and dental insurance plan
offered by the City of Vernon. The City will not be the primary insurance carrier once the retiree
and/or eligible spouse 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 for employee only,
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 farther notice.
M
Section 9: Vacations
A. Accrual
• Vacation accrual after the first year of service: 120 hours per year
• Vacation accrual after ten (10) years of service: 160 hours per year
• Vacation accrual after completion of twenty-five (25) years of service: 170 hours per
year
B. Policy
Employees may take all or part of their vacation in increments of one-fourth (1/4) hour or
more, as determined by the Police Chief at his/her discretion with due regard for the
wishes of the employee and the needs of the Department.
Any request will be honored only if, in the opinion of the Police Chief or his/her
designee, the manpower or service level on the day or days and at the times requested is
adequate to permit granting such a request.
Vacation time provided for herein shall be accumulated from calendar year to
calendar year, and shall be compensated for if not utilized during said period
Section 10: "In Lieu" Holidays
Employees shall receive one hundred and ten (110) "in lieu" holiday hours per fiscal year. "In
lieu" holidays will be credited to each employee on each July lin which he/she is on the active
payroll of the Department, including those on "Light Duty," in a classification represented by the
VPOBA, and must be taken prior to the immediately following July 1.
"In lieu" holidays may be taken in increments of one-fourth (1/4) hour or more, on dates desired
by the employee subject to the needs of the Vernon Police Department.
"In lieu" holidays, if not taken, shall not be paid for except if the employee was denied an
opportunity to take them off during the fiscal year for which such "in lieu" holidays were
granted. In that case only, the employee shall be paid for said "in lieu" holidays not taken with
his/her first possible payroll check on or after July 1 of the fiscal year following the year for
which the "in lieu" holidays were credited, at his/her then basic rate, excluding all other
compensation, computed in accordance with the applicable Salary Resolution of Vernon. An
employee who quits or is terminated shall not be entitled to any compensation for "in lieu"
holidays not taken.
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If the City Council, during the fiscal year, provides one or more additional holidays to the
miscellaneous employees in addition to those holidays provided for in Resolution No. 8764,
Employees shall receive the same number of any additional holidays. Any additional "in lieu"
holiday time received by employees will be for a maximum of ten (10) hours per day received.
Section 11: Sick Leave
Employees only receive sick leave accrual while they are in a paid status. Employees shall
accrue sick time at a rate of 3.08 hours per pay period (80 hour annually), with a maximum cap
of 960 hours. Upon reaching the cap, employees will continue to accrue sick leave provided;
however, in the final pay period in December each year all accrued sick leave in excess of 960
hours shall be cashed in at fifty percent (50%) of the employee's regular rate of pay.
If an employee separates or terminates employment with the City, they shall be compensated for
any accrued sick leave hours at the time of separation not to exceed 960 hours. Employees that
separate from service with more than 20 years of service credit shall be compensated at 100% of
their current pay rate applied to the first 480 sick leave hours and 50% for their remaining hours
up to the cap of 960 hours. Employees with less than 20 years of service shall be compensated at
50% of their then current pay rate up to the cap of 960 hours. Employees shall have the option of
obtaining service credit for the accrued, unused sick leave hours instead of a cash payment
pursuant to California Government Code Section 20965.
Employees are expected to contact their supervisor or Department head as soon as possible to
report a sick leave time off notification and provide appropriate information on the nature of the
illness or injury and the expected duration of the time off. Employees unable to report for duty
due to an illness should be required to call in and notify the on -duty supervisor a minimum of 2
hours before they are due to start their shift.
An employee who is absent on sick leave for more than two (2) consecutive shifts shall be
required by his or her supervisor to provide a doctor's note in order to be paid for the sick
leave.
Section 12: Bereavement Leave
When an employee is compelled to be absent from duty by reason of death or critical illness
9
(where death appears imminent) of a member of the employee's immediate family (father,
mother, brother, sister, spouse, children, mother-in-law, father-in-law, grandmother, grandfather,
grandchildren, grandmother -in-law, grandfather -in-law, or registered domestic partner), such
person will be permitted, subject to the Chief of Police's approval, to a leave of absence with pay
for up to twenty-five (25) hours over two shifts, which may, but need not be, consecutive. An
employee shall not be granted paid Bereavement Leave for more than 2 days in any six-month
period for the same family member.
Employees will be allowed to utilize their vacation time, any compensatory time, or any "in lieu"
holiday time that is due to the employee, in order to lengthen such bereavement time.
The employee shall furnish satisfactory evidence of such death or critical illness to the Chief of
Police, if requested.
Section 13: Auto Insurance Program
Effective August 1, 2014, Auto Insurance Program for all employees shall be discontinued.
Section 14: Deferred Compensation
Employees are eligible to participate in the City's Deferred Compensation Program.
Section 11: Other City Employee Programs
Employees are eligible to participate in all City sponsored programs passed by City Council
Resolutions that are intended to benefit all employees in the areas of, but are not limited to, the
following:
• Buyback of military leave for PERS retirement time
• Computer loan purchase plan
• Corrective eye surgery plan
• Hearing aid devise plan
• Tuition reimbursement plan
• Family Medical Leave Act (FMLA)
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ARTICLE EIGHT
WORK SCHEDULE AND ABSENCES
Section 1: Provisions
The Vernon Chief of Police at his sole discretion shall establish the work schedule.
Section 2: Work Schedule 3/12 Plan
Law Enforcement agencies are allowed to establish a work period of any length between seven
(7) and twenty-eight (28) consecutive days. At the City, employees must work one hundred
sixty (160) hours per twenty-eight (28) day cycle. In order to be compliant, employees will
work three (3), twelve and one half hour (12 1/2) days per week with a ten (10) hour
payback per month, without incurring any overtime.
In the event the City needs to adjust any work schedule, the City agrees that no such
modification will be conducted without first notifying the effected employee a minimum of 10
days prior to the change, unless agreed to by the effected employee(s) and the Chief of Police
or his designee.
The City agrees to continue the 3/12 Plan for employees assigned to patrol, with the exception
of specific assignments. The VPOBA agrees that the City may, at its sole discretion and at any
time, terminate the 3/12 Plan. The VPOBA agrees that the termination of the 3/12 Plan is not
subject to the grievance procedure or any other administrative review and that the 3/12 Plan is
not and shall not become a vested right in any manner, and that a decision to terminate such
3/12 Plan is subject to the meet and confer process.
Section 3: Shift and Code Seven Policy:
Patrol personnel shall work a twelve- and -one-half (121/2) hour shift. The first one-half hour
shall be used for briefing and training purposes. Lunch time (Code 7) shall be part of the shift
and is compensable.
RM
Section 4: Sergeants
Patrol sergeants are entitled to eight (8) months of weekends off per year (including Saturday,
Sunday and Monday). In the event there is a need to adjust a Patrol Sergeant's work schedule due
to staffing issues, no such modification will be conducted without first notifying the affected
Sergeant a minimum of 10 days prior to the schedule adjustment. There may be an exception to
the minimum schedule change notice if the affected Sergeant is an agreement to an immediate
change in his/her work schedule.
Section 5: Shift Trades
The practice of shift trading shall be voluntary on behalf of each employee involved in the trade.
A shift trade must be pre -approved by a supervisor. The trade must be due to the employee's
desire or need to attend to a personal matter and not due to the department's operations. The
employee providing the trade shall not have his/her compensable hours increased as a result of
the trade; nor shall the employee receiving the trade have his/her compensable hours decreased
as a result of the trade.
If one individual fails to appear for the other (regardless of the reason), the person who was
scheduled as a result of the shift trade will be listed as absent without leave and may be subject
to discipline
Any premium pay or other extra compensation shall continue to accrue only to the person
originally entitled to the premium pay or extra compensation. Any hours worked beyond the
normal work day will be credited to the individual actually doing the work. "Paybacks" of shift
trade are the obligation of the two employees involved in the trade. "Paybacks" are to be
completed within one (1) calendar year of the date of the initial shift trade.
Any dispute as to the "paybacks" is to be resolved by the involved employees, and under no
33
circumstances will the department be obligated for any further compensation whatsoever to any
of the involved employees. The department is not responsible in any manner for hours owed to
employees by other employees that leave the employment of the City or are assigned other
duties. A record of all initial shift trades and "paybacks' shall be maintained by the involved
employees on forms provided by the Department.
Section 6: Early Relief
The practice of early shift relief shall be voluntary on behalf of each employee involved in the
relief. The employee providing the early relief shall not have his/her compensable hours
increased as a result of the early relief; nor shall the employee relieved early have his/her
compensable hours decreased as a result of the early relief.
"Paybacks" of early relief hours are the sole obligation of the two employees involved in the
early relief. Any dispute is to be resolved by the involved employees, and under no
circumstances will the Department be obligated for any further compensation whatsoever to
any of the involved employees. The Department is not responsible in any manner for hours
owed to employees by other employees who leave the employment of the City or are assigned
other duties.
Section 7: Staffing
The City agrees, at the minimum, to meet and discuss any newly budgeted sworn position to
determine special assignment pay, as appropriate.
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ARTICLE NINE
GRIEVANCE PROCEDURE
GRIEVANCE DEFINITION
A grievance shall be defined as an allegation by an employee or the Association of a
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 shall be defined for the purposes of this Article as any day in which the City Hall is open to
the public for the general conduct of business.
Step One - Immediate Supervisor
Within fifteen (15) days of the date the employee(s) knew or reasonably should have known of
the incident giving rise to the grievance, the employee(s) or the Association shall initiate the
grievance procedure by explaining the situation orally or in writing to the immediate supervisor
of the affected employee(s). 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. After the
presentation of the grievance to the supervisor, the supervisor shall make a decision and present
his/her decision, in writing, to the Association and employee(s) within five (5) days.
Step Two - Department Head
If the Association or employee(s) is not satisfied with the decision of the immediate supervisor,
the grievant(s) shall present the grievance, in writing, to the Chief of Police within ten (10) days
of the decision of the immediate supervisor. The Association and/or employee(s) waives the
right to proceed with the grievance if the grievant(s) does not act by this deadline. Within five
(5) days, the Chief of Police, or the designee of the Chief of Police, shall meet with the
Association and employee(s) to hear the grievance. Within five (5) days of hearing the
grievance, the Chief of Police or designee shall present his/her decision, in writing, to the
Association and employee(s), with copies to the Human Resource Director and the City
Administrator.
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Step Three - City Administrator/Advisory Arbitration
If the Association or employee(s) is not satisfied with the result of the meeting with the Chief of
Police, 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 eight (8) 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 eight (8) 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, subject to the option of the
employee to bring a proceeding pursuant to Code of Civil Procedure sections 1094.5 and 1094.6.
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.
50150) 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 only one party wishes to retain a
court reporter, the requesting party shall bear the cost of said reporter.
If the Association elects arbitration, the City shall request a list of seven (7) 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. If the parties are
unable to agree on an arbitrator from that list, an arbitrator will be selected by the parties
alternately striking names from the list until only one (1) name remains. The selected arbitrator
shall serve as the hearing officer. All arbitration proceedings arising under the Grievance
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.
Within eight (8) 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, subject to the option of the employee to bring a
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proceeding pursuant to Code of Civil Procedure sections 1094.5 and 1094.6.
All time limits specified in the foregoing procedure may be waived only by mutual written
agreement.
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ARTICLE TEN
DISCIPLINE & DISCIPLINARY APPEALS PROCEDURE
A. DISCIPLINARY ACTIONS
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.
The procedures herein shall be followed when, in the judgment of the Chief of Police, an
employee has committed an act or omission that justifies discipline. The Chief of Police 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.
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.
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.
Nothing in this article shall preclude the Chief of Police or his/her designee from ordering a
public safety officer to cooperate with other agencies involved in criminal investigations, except
where the public safety officer may be the focus of the investigation. If an officer fails to
comply with such an order, the officer may be officially charged with insubordination.
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B. VERBAL OR WRITTEN REPRIMAND PROCEDURES/APPEALS
Any sworn employee having received a verbal or written reprimand shall be entitled to the
following appeal procedure; this will be the sole and exclusive procedure afforded to employees
for appealing disciplinary action consisting of a written reprimand or less. Subsection (D) (Pre -
Disciplinary Procedures), and Subsection (E) (Disciplinary Appeal Procedures), herein shall not
apply to disciplinary action consisting of a verbal or written reprimand. This appeal process
shall not be applicable to performance evaluations.
Within ten (10) days of the employee's receipt of the verbal or written reprimand, the employee
may request in writing a meeting with the supervisor who issued the reprimand. Failure to
request a meeting within ten (10) days will constitute a waiver of the employee's right to
respond. The employee's appeal may be made verbally or in writing. After the meeting or
receipt of the employee's written appeal, the supervisor will have ten (10) days to respond to the
employee in writing.
If the matter is not resolved to the affected employee's satisfaction, the employee may seek
review of the supervisor's decision by submitting a written request to the Chief of Police or
his/her designee within ten (10) days of receipt of the supervisor's decision. The determination
of the Chief of Police or his/her designee is final and binding, subject to the option of the
employee to bring a proceeding pursuant to Code of Civil Procedure sections 1094.5 and 1094.6.
C. PRE -DISCIPLINARY PROCEDURES
Prior to the suspension, demotion, reduction in pay or dismissal of any permanent employee for
disciplinary purposes, the following procedures shall be followed:
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.
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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 ten (10) 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 information contained in the notice of proposed action, except that the employee's
formal appeal rights shall be stated.
Emergencies
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 for up to five (5) days pending the processing of the notices required in Section C 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.
El
D. DISCIPLINARY APPEAL PROCEDURES
Major Discipline
Any permanent employee in the classified service shall have the right to appeal any dismissal,
suspension of three (3) days or more, reduction in salary, or non -probationary demotion. The
appeal process shall not be applicable to probationary employees. The appeal process shall not
be applicable to performance evaluations, verbal and/or written reprimands.
An employee desiring to appeal the discipline shall have ten (10) days after receipt of proposed
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, within the 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. If the employee files a timely
appeal, an arbitration appeal hearing shall be established as follows:
1. The employee shall submit a written request to the Human Resources Department for
advisory arbitration to the City Administrator or designee. The City and Association
will share equally share (i.e. 50150) the arbitration -related expenses, excluding attorney
fees, expert witness(es) and staff time.
2. The City shall request a list of seven (7) arbitrators registered with the American
Arbitration Association, California State Conciliation Service or some other agreed upon
source within ten (10) days of the employee's request. If the parties are unable to agree
on an arbitrator from that list, an arbitrator will be selected by the parties alternately
striking names from the list until only one (1) name remains.
3. The selected arbitrator shall serve as the hearing officer.
4. All arbitration 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.
5. All time limits specified in the procedure may be waived by mutual written agreement.
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6. At the conclusion of the hearing, the arbitrator will submit his/her findings to the City and
the employee. Within eight (8) days of receiving the arbitrator'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.
Manor Discipline
Any permanent employee shall have the right to appeal any suspension below the threshold of
major discipline. This appeal process shall not apply to probationary employees.
If the issue cannot be resolved between the employee and the supervisor, the employee may,
within ten (10) days from receiving notice of the proposed discipline, request and be granted an
interview with the Chief of Police or his/her designee in order to discuss the appeal.
The Chief of Police or designee shall render his/her decision in writing within fifteen (15) days
of receiving the appeal. If the Chief of Police and employee are unable to arrive at a satisfactory
solution, the employee may, within fifteen (15) days from the date of the decision by the Chief of
Police, submit a written appeal to the City Administrator or designee. The City Administrator or
designee will respond or schedule a meeting within fifteen (15) days. The City Administrator or
designee shall render his/her judgment as soon after the conclusion of the hearing as possible and
in no event later than thirty (30) days after conducting the hearing. His/her decision shall set
forth which charges, if any, are sustained and the reasons therefore. The opinion shall set forth
findings of fact and conclusions. The decision of the City Administrator shall be final and
binding, subject to the option of the employee to bring a proceeding pursuant to Code of Civil
Procedure sections 1094.5 and 1094.6.
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ARTICLE ELEVEN
MANAGEMENT RIGHTS
The City retains all its exclusive rights and authority under State and Federal law and expressly
and exclusively retains its management rights, which include, but are not limited to:
A. The exclusive right to determine the mission of its constituent departments,
commissions, and boards.
B. Set standards and levels of service.
C. Determine the procedures and standards of selection for employment and
promotions.
D. Direct employees.
E. Establish and enforce dress and grooming standards.
F. Determine the methods and means to relieve its employees from duty because of
lack of work or other lawful reasons.
G. Maintain the efficiency of governmental operations.
H. Determine the methods, means and numbers and kinds of personnel by which
government operations are to be conducted.
I. Determine the content and intent of the job classifications.
J. Determine methods of financing.
K. Determine style and/or types of city -issued wearing apparel, equipment
or technology to be used.
L. Determine and/or change the facilities, methods, technology, means,
organizational structure and size and composition of the work force and allocate
and assign work by which the City operations are to be conducted.
M. Determine and change the number of locations, relocations and type of operations
processes and materials to be used in carrying out all city functions, including, but
not limited to, the right to contract for or subcontract any work or operations of
the City.
N. Assign work to and schedule employees in accordance with requirements as
determined by the City and to establish and change work schedules and
assignments upon reasonable notice.
a
O. Establish and modify productivity and performance programs and standards.
P. Discharge, suspend, demote, reprimand, withhold salary increases and benefits, or
otherwise discipline employees in accordance with applicable state law.
Q. Establish employee performance standards including, but not limited to,
quality and quantity standards, and to require compliance therewith.
R. Take all necessary actions to carry out its mission in emergencies.
S. Exercise complete control and discretion over its organization and the technology
of performing its work.
The exercise of such rights shall not preclude employees or their representatives from meeting
and conferring or meeting and consulting, as required by law, with management representatives.
SIGNATURE PAGE
CITY OF VERNON
Mark W tworth
City AAministrator / "MERR"
r
resa McAllister
Director of Human Resources
Kr'sten LEnomoto
Deputy City Administrator
Alex K ng
Economic Development Manager
APPROVED AS TO FORM:
ZayiU Moussa
Deputy City Attorney
VERNON POLICE
MANAGEMENT ASSOCIATION
Lorenzo Gaytan
President
A/��
Gustavo Herrera
Secretary -ViCe 'IDresjcl-en}
APPROVED AND ADOPTED BY THE CITY COUNCIL ON 9/16/2014 , PER
RESOLUTION NO. 2014-57 .
ATTEST:
Ana Barcia
Deputy City Clerk
45
Dated: 40
/y4 If