Resolution No. 2014-073RESOLUTION NO. 2014-73
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
FIREMEN'S ASSOCIATION FOR THE PERIOD OF JULY 1,
2014 THROUGH JUNE 30, 2016
WHEREAS, the Vernon Firemen's Association (the "VFA") has been
recognized as an employee organization pursuant to Resolution No. 4027;
and
WHEREAS, the City and the VFA have concluded labor
negotiations regarding wages, benefits and working conditions for the
period of July 1, 2014 through June 30, 2016; and
WHEREAS, representative members of the VFA 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 VFA, for the period of
July 1, 2014 through June 30, 2016; and
WHEREAS, the City Council desires to approve the MOU.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the above recitals are true and correct.
SECTION 2: The City Council of the City of Vernon finds
that this action is exempt under the California Environmental Quality
Act (CEQA), in accordance with Section 15061(b)(3), the general rule
that CEQA only applies to projects that may have an effect on the
environment.
SECTION 3: The City Council of the City of Vernon hereby
approves the Memorandum of Understanding between the City of Vernon and
the Vernon Firemen's 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 Dean Richens, President of the Vernon Firemen's
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 December, 2014.
Name: W. Michael McCormick
Title: Mayor
ATTEST:
Ana 8arci
City CYe/ Deputy City Clerk
APPROVED AS TO FORM:
Zay a Moussa, Deputy City Attorney
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Ana Barcia / Deputy City Clerk of the City
of Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 2014-73, 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, December 16, 2014, and thereafter was
duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this J� day of December, 2014, at Vernon, California.
(SEAL)
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Ana Barc
�i—t "lam! Deputy City Clerk
EXHIBIT A
" •yam:,
e:Y
LOCAL
FIREMEN'S
IAFF
AFL-C10
TABLE OF CONTENTS
MEMORANDUM OF UNDERSTANDING
Parties to the Memorandum of Understanding....................................................................5
ARTICLE ONE: FUNDAMENTALS
Section1:
Recognition.................................................................................................. 6
Section 2:
No Discrimination.........................................................................................6
Section 3:
Mutual Cooperation..................................................................................... 7
Section4:
Layoffs..........................................................................................................7
Section 5:
No Strikes or Lockouts..................................................................................7
Section 6:
City / VFA Meetings....................................................................................7
Section 7:
Association Business....................................................................................7
Section 8:
License Requirement.....................................................................................8
Section 9:
Payroll Deduction..........................................................................................8
ARTICLE TWO: LEGAL LIMITATIONS, SAVINGS CLAUSE & TERM
Section 1: Legal Limitations and Savings Clause..........................................................9
Section 2: Waiver and Term.......................................................................................... 9
ARTICLE THREE: SALARIES
Section1: Salaries........................................................................................................11
Section 2: Fire Captains..............................................................................................I I
Section 3: Fire Engineers.............................................................................................12
Section 4: Firefighter/Paramedic Coordinator............................................................. 13
Section 5: Firefighter/Paramedic................................................................................. 13
Section6: Firefighter....................................................................................................14
Section7: Step Advances.............................................................................................15
2
Section 8: Salary Adjustment Increase....................................................................... 15
Section9: Bilingual Pay................................................................................................16
Section 10: Educational Incentive Pay ......................................................... 16
Section 11: Hazardous Materials Specialist Pay............................................................ 16
Section 12: Urban Search and Rescue Specialist Pay.....................................................17
Section 13: Physical Fitness/Wellness Program..............................................................17
Section 14: Computation of Pay...................................................................................... 17
ARTICLE FOUR: LONGEVITY
Section 1: Employees Hired On or Before June 30, 1994............................................ 18
Section 2: Employees Hired After June 30, 1994 and on or before Dec. 312013 ....... 18
ARTICLE FIVE: OVERTIME
Section 1:
Overtime Authorization.............................................................................
19
Section2:
Staffing.........................................................................................................
19
Section 3:
Leave Inclusion............................................................................................
20
Section 4:
Training and Recertification..........................................................................
21
Section5:
Call Backs....................................................................................................
21
Section6:
Jury Duty.......................................................................................................
21
Section 7:
Non-Compensable.........................................................................................22
ARTICLE SIX: UNIFORMS AND BULLETIN BOARDS
Section 1:
Uniform Allowance......................................................................................
23
Section 2:
Bulletin Boards..............................................................................................
23
ARTICLE SEVEN: BENEFITS
Section 1: Public Employees Retirement System.........................................................24
3
Section 2:
Supplemental PERS Benefits.......................................................................
24
Section3:
Medical........................................................................................................
25
Section 4:
Cafeteria Plan...............................................................................................
25
Section5:
Dental...........................................................................................................25
Section6:
Vision...........................................................................................................26
Section 7:
Life Insurance..............................................................................................26
Section 8:
Retirees Medical........................................................................................
26
Section 9:
Vacation Time..............................................................................................
28
Section 10:
"In Lied' Holiday Time...............................................................................
29
Section11:
Sick Leave....................................................................................................30
Section 12:
Bereavement Leave......................................................................................31
Section 13:
Deferred Comp.............................................................................................31
Section 14:
Educational Reimbursement.........................................................................32
Section 15:
Other City Employee Programs...................................................................
32
ARTICLE EIGHT: WORK SCHEDULE AND ABSENCES
Section 1:
FLSA Work Period....................................................................................
33
Section 2:
Work Schedules.........................................................................................
33
Section 3:
Shift Trades..................................................................................................
33
Section4:
Early Relief.................................................................................................
34
ARTICLE NINE: GRIEVANCE PROCEDURE
Grievance Procedure Steps................................................................................................ 35
ARTICLE TEN: DISCIPLINE PROCEDURE
Discipline Procedure Steps................................................................................................ 37
ARTICLE ELEVEN: MANAGEMENT RIGHTS
ManagementRights............................................................................................................ 40
SIGNATURE PAGE
Signatures.......................................................................................................................... 42
4
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
Uill l
VERNON FIREMEN'S ASSOCIATION, IAFF LOCAL 2312
Parties to the Memorandum of Understanding
Pursuant to Chapter 10 (section 3500 et seq) of Division 4, Title 1 of the Government Code and Resolution No.
4027, the Resolution for the administration of Employer -employee relations, the matters within the scope of
representation that are set forth in this Memorandum of Understanding (MOU) have been discussed by and
between representatives of the City of Vernon and the representatives of the Vernon Firemen's Association, IAFF
Local 2312 (hereinafter "VFA"), and except ,as otherwise specifically provided herein shall apply only to those
defined in the aforesaid Resolution as "full-time sworn and regular part-time employees in the Fire Department
except management and confidential employees," otherwise known as Chief Officers.
This MOU constitutes a joint agreement by the Municipal Employee Relations Representative ("MERR") and the
VFA, to be submitted to the City Council of Vernon for its determination and approval by one or more Resolutions
or Ordinances as the City Council may deem fit and proper.
The MERR and the Representative of the VFA have agreed that they will jointly urge the City Council of Vernon
to adopt one or more Resolutions or Ordinances reflecting the changes in wages, hours, and other conditions of
employment agreed upon in this MOU.
If approved, the terms agreed upon by this MOU shall take effect on July 1, 2014, except where other effective
dates are specified, and shall expire at midnight on June 30, 2016.
IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN STATED, the VFA and
the City of Vernon agree as follows:
ARTICLE ONE
FUNDAMENTALS
Section 1: Recoenition
The City recognizes the Vernon Firemen's Association as the exclusive recognized employee organization on behalf
of all full-time sworn, non -management personnel engaged in fire prevention, suppression, administration and
paramedic services within the City, including, but not limited to, employees occupying the job classifications of
Firefighter, Administrative Firefighter, Firefighter/ Paramedic, Firefighter/ Paramedic Coordinator, Fire Engineer,
Administrative Engineer, Fire Captain, Regional Training Captain, and Administrative Captain.
Section 2: No Discrimination
The City and the Association are committed to working together to support a work environment characterized by
fair treatment and access to equal opportunities
The provisions of this Memorandum of Understanding shall be applied equally to all employees covered hereby.
Neither the City nor the VFA shall discriminate against any individual, applicant or employee with respect to his
compensation, terms, condition, or privileges of employment or because of an individual's race, color, sex, religion,
national origin, age, marital status, disability, pregnancy, sexual orientation, political or religious opinions or
affiliations, or membership or non -membership in the VFA.
The terms "they" and "their" may be used in this agreement as substitutes for the terms "his," "her," "his/her," "he,"
"she," or other terms which would indicate masculine or feminine gender. Whenever the male gender is used herein
it shall be construed to refer to both male and female employees.
Except as limited by the specific and express terms of this Memorandum of Understanding, the Association hereby
retains and reserves unto itself all rights, powers, authority, duties and responsibilities conferred on and vested in it
by the laws and the Constitution of the State of California and/or the United States of America. The parties
specifically agree that neither VFA nor any VFA representative or member shall be discriminated against,
intimidated, coerced,
6
disciplined or retaliated against because of the lawful exercise of its or his rights, including, but not limited to, the
right to participate in VFA activities, serve as a VFA officer or director, or otherwise represent the interests of VFA.
Section 3: Mutual Cooperation
The parties recognize the necessity of cooperating on matters of mutual concern and interest and agree to work
together to maximize the effectiveness of the Fire Department and the City.
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.
The City and the Association agree to a re -opener regarding the Association's bumping rights and procedures.
Section 5: No Strikes or Lockouts
During the life of this agreement no work stoppages, strikes, or slowdowns shall be caused or sanctioned by the
VFA, and no lockouts shall be made by the City.
Section 6: City/VFA Meetines
Representatives from the VFA and the City shall meet as needed to discuss issues of mutual concern.
Section 7: Association Business
The VFA will have available 240 hours of Association Leave Time at the beginning of each calendar year for conducting
Association business. Representatives of the VFA shall be allowed time to conduct their Association business as
necessary during work hours. Representatives of the VFA shall have reasonable access to the work sites of unit
employees at any time during the working hours to conduct Association business as long as such visits do not
unreasonably interfere with the conduct of the City's usual business and the employee's work.
Coordination of such work will be made with the Fire Chief to ensure the availability of staffing levels for such
meetings. Representatives of VFA may use any Fire Department facilities free of charge for its Board of Directors
and general membership meetings provided such facility is not otherwise booked. VFA shall secure approval from
the Fire Chief for the date and time it wishes to secure use of the facility. The granting of such approval will be
made if the City facility is not otherwise scheduled to be used at the time of VFA's request.
Association Leave shall be subject to the following requirements and restrictions:
A. The VFA President will be responsible for assigning any Leave Time to his board members.
Unused hours may not be carried over from one year to the next without the written authorization
of the Fire Chief or his designee.
B. In each case where Leave Time is requested, such request must be in writing to a battalion chief or
above a minimum of 72 hours before the Leave Time is needed unless authorized in writing by the
Fire Chief or his designee.
C. Association Leave Time will not be granted if it will cause overtime unless it is authorized in
writing by the Fire Chief or his designee.
D. In no case will Association Leave Time be used for political activity and/or action(s) purposes. No
unit employee shall engage in political activity while on duty or in uniform.
Section 8: Driver's License Requirement
Firefighters of all ranks from captain and below must maintain at the minimum a Class C driver's license with a
firefighter endorsement. New firefighters must attain their license within their probationary period. Exceptions to
this requirement must be approved by the Fire Chief.
Section 9: Payroll Deduction
The City shall, during the term of this agreement, effect a payroll deduction for membership dues, service fees
and other charges authorized pursuant to an executed form signed by the employee permitting such deductions.
Any payroll deductions collected by the City shall be transmitted on a biweekly basis to the treasurer of the
Association, or such other party designated in writing by the Association. The City shall not be obligated to put
into effect any new, changed, or discontinued deduction until the first pay period commencing not more than thirty
(30) days after receiving the request. This provision shall remain operative as long as VFA is the exclusive
recognized employee organization of unit employees.
8
ARTICLE TWO
LEGAL LIMITATIONS, SAVINGS CLAUSE, AND TERM
Section 1: Leeal Limitations and Savines Clause
It is understood and agreed that this Memorandum of Understanding (including, but not limited to, the provisions
of the Fair Labor Standards Act) and any and all Resolutions or Ordinances adopted in implementation thereof are
and shall be subject to all present and future applicable federal and state laws and regulations and shall be effective
and implemented only to the extent permitted by such laws and regulations
If any part of this Memorandum of Understanding or of any Resolution or Ordinance adopted in implementation
thereof is in conflict or inconsistent with any such applicable provisions of federal and state laws or regulations or
otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall
be suspended and superseded, and such applicable laws and regulations and the remainder of this Memorandum of
Understanding shall not be affected thereby and shall remain in full force and effect. However, should the invalid
or illegal provisions relate to the compensation or benefits of unit employees, the City and the Association agree to
meet and confer on alternative compensation or benefit that shall be of substantially equal value for both the
employee and the City.
Section 2: Waiver of Bareainine and Term
The VFA and City of Vernon hereby agree that no changes in this MOU regarding the wages, hours, or other
conditions of employment of employees in the classifications represented by the VFA that would take effect prior
to the expiration of the MOU shall occur, unless both parties mutually agree to such changes.
Each of the parties acknowledges that it had a full and unrestricted right to make, advance, and discuss all matters
properly within the scope of the meet -and -confer process in accordance with the Meyers-Milias-Brown Act (Cal.
Gov't Code 3500, et. seq.). Except as otherwise provided herein during the term of this Memorandum of
Understanding, the parties expressly waive and
relinquish the right to compel the other to meet and confer except by their mutual consent with respect to any subject
or matter, whether referred to or covered by this Memorandum of Understanding or not, even though each subject
or matter may or may not have been within that party's knowledge or contemplation at the time they met and
conferred or executed this Memorandum of Understanding.
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.
If the VFA or City desires to negotiate a successor MOU, either party may serve upon the other a written request
between February 1, 2016, and March 1, 2016.
10
ARTICLE THREE
SALARIES
Section 1• Salaries
Effective the beginning of the pay period containing January 1, 2015, the following salary ranges are established
for employees represented by the VITA based upon the results of the City wide classification and compensation
study at the 751 percentile, and consistent with the proposed grade and step pay plan. Effective the pay period
containing January 1, 2015, VFA employees shall be placed at the grade and step that is closest to, but not lower
than their current base salary.
Section 2: Fire Captain
1) Effective December 28, 2014, (the beginning of the pay period containing January 1, 2015), the base monthly
salary of a Fire Captain shall be:
Grade 31
Step 1 $7,728.00
Step 2 $8,114.00
Step 3 $8,520.00
Step 4 $8,946.00
Step 5 $9,393.00
2) Effective December 28, 2014, (the beginning of the pay period containing January 1, 2015) the base monthly
salary of a Fire Captain shall be increased by 1.5% as follows:
Grade 31
Step 1 $7,844.00
Step 2 $8,236.00
Step 3 $8,648.00
Step 4 $9,080.00
Step 5 $9,534.00
3) Effective the beginning of the pay period containing July 1, 2015, the base monthly salary of a Fire Captain
shall be increased by 1.5% as follows:
Grade 31
Step 1 $7,962.00
Step 2 $8,360.00
Step 3 $8,778.00
11
Step 4 $9,216.00
Step 5 $9,677.00
Section 3: Fire Engineer
1) Effective December 28, 2014, (the beginning of the pay period containing January 1, 2015), the base monthly
salary of a Fire Engineer shall be:
Grade 28
Step 1 $6,675.00
Step 2 $7,009.00
Step 3 $7,360.00
Step 4 $7,728.00
Step 5 $8,114.00
2) Effective December 28, 2014 (the beginning of the pay period containing January 1, 2015), the base monthly
salary of a Fire Engineer shall be increased by 1.5% as follows:
Grade 28
Step 1 $6,775.00
Step 2 $7,114.00
Step 3 $7,470.00
Step 4 $7,844.00
Step 5 $8,236.00
3) Effective the beginning of the pay period containing July 1, 2015, the base monthly salary of a Fire Engineer
shall be increased by 1.5% as follows:
Grade 28
Step 1 $6,877.00
Step 2 $7,221.00
Step 3 $7,582.00
Step 4 $7,962.00
Step 5 $8,360.00
12
Section 4: Firefighter/Paramedic Coordinator
1) Effective December 28, 2014, (the beginning of the pay period containing January 1, 2015), the base monthly
salary of a Firefighter/Paramedic Coordinator shall be:
Grade 29
Step 1 $7,009.00
Step 2 $7,360.00
Step 3 $7,728.00
Step 4 $8,114.00
Step 5 $8,520.00
2) Effective December 28, 2014 (the beginning of the pay period containing January 1, 2015), the base monthly
salary of a Firefighter/Paramedic Coordinator shall be increased by 1.5% as follows:
Grade 29
Step 1 $7,114.00
Step 2 $7,470.00
Step 3 $7,844.00
Step 4 $8,236.00
Step 5 $8,648.00
3) Effective the beginning of the pay period containing July 1, 2015, the base monthly salary of a
Firefighter/Paramedic Coordinator shall be increased by 1.5% as follows:
Grade 29
Step 1 $7,221.00
Step 2 $7,582.00
Step 3 $7,962.00
Step 4 $8,360.00
Step 5 $8,778.00
Section 5: Firefighter Paramedic
1) Effective December 28, 2014, (the beginning of the pay period containing January 1, 2015), the base monthly
salary of a Firefighter Paramedic shall be:
Grade 28
Step 1 $6,675.00
Step 2 $7,009.00
Step 3 $7,360.00
Step 4 $7,728.00
Step 5 $8,114.00
13
2) Effective December 28, 2014 (the beginning of the pay period containing January 1, 2015), the base monthly
salary of a Firefighter Paramedic shall be increased by 1.5% as follows:
Grade 28
Step 1 $6,775.00
Step 2 $7,114.00
Step 3 $7,470.00
Step 4 $7,844.00
Step 5 $8,236.00
3) Effective the beginning of the pay period containing July 1, 2015, the base monthly salary of a Firefighter
Paramedic shall be increased by 1.5% as follows:
Grade 28
Step 1 $6,877.00
Step 2 $7,221.00
Step 3 $7,582.00
Step 4 $7,962.00
Step 5 $8,360.00
Section 6: FirefiAter
1) Effective December 28, 2014, (the beginning of the pay period containing January 1, 2015), the base monthly
salary of a Firefighter shall be:
Grade 25
Step 1
$5,766.00
Step 2
$6,055.00
Step 3
$6,358.00
Step 4
$6,675.00
Step 5
$7,009.00
2) Effective December 28, 2014 (the beginning of the pay period containing January 1, 2015), the base monthly
salary of a Firefighter shall be increased by 1.5% as follows:
Grade 25
Step 1 $5,852.00
Step 2 $6,146.00
Step 3 $6,453.00
Step 4 $6,775.00
Step 5 $7,114.00
14
3) Effective the beginning of the pay period containing July 1, 2015, the base monthly salary of a Firefighter shall
be increased by 1.5% as follows:
Grade 25
Step 1 $5,940.00
Step 2 $6,238.00
Step 3 $6,550.00
Step 4 $6,877.00
Step 5 $7,221.00
Section 7: Merit Increase
Effective the beginning of the pay period containing July 1, 2015, employees who in accordance with the City's
Performance Evaluation Policy and approved by the Fire Chief have attained one year of satisfactory service as of
their immediately preceding anniversary date shall receive a 5% merit step increase for the period of July 1, 2015
through June 30, 2016.
• Firefighter/Administrative Firefighter: After six (6) months of satisfactory service, an employee
appointed at Step 1 shall be eligible to receive a salary step increase to Step 2 of the prescribed
schedule. Each year thereafter the employee shall be eligible to progress to the next highest salary
step of the prescribed schedule. An employee originally appointed to a step other than Step 1 shall
be eligible to receive a step increase one year after his/her appointment and each year thereafter.
• All other classes: Each year of satisfactory service an employee shall be eligible to progress to the next
highest salary step of the prescribed schedule.
Promotions or salary increases to higher grades are merit steps only and shall be available to employees as
recognition for satisfactory services after one (1) year in service at present grade. The promotion or salary increase
to said grade shall remain the sole discretion of the City Council.
Section 8: Salary Adiustment Increase
In the event there is a salary inequity between ranks or between employees within the Department, the Fire Chief
with approval of the City Administrator may incorporate a service adjustment increase up to ten percent (10%) per
month of their base salary.
15
Section 9: Bilineual Pay
A unit employee may be compensated for bilingual skills after the employee demonstrates proficiency in
speaking a foreign language, which proficiency would be determined by successful completion of the Cal State
Fullerton or other designated foreign language proficiency test designated by the 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.
Said payment shall not be considered to be part of the employee's base salary when computing incentive pay.
Section 10: Education Incentive Pav
• A unit employee who has completed his initial hire probationary period and who holds a fire science
certificate or has completed course equivalent thereto (i.e., 30 units of fire science related courses) shall
receive an additional three percent (3%) per month of their base salary after satisfactory completion of their
evaluation period.
• A unit employee who holds an AA or AS Degree in Fire Science or Fire Technology with completion of
five (5) years of uninterrupted service with the Fire Department shall receive an additional three percent
(3%) per month of their base salary or;
• A unit employee who holds a BA or BS Degree in Fire Science or Fire Technology or closely related field
with completion of five (5) years of uninterrupted service with the Fire Department shall receive an
additional three percent (3%) per month of base salary or;
• A unit employee who holds a Fire Officer Certificate with completion of five (5) years of uninterrupted
service with the Fire Department shall receive an additional three percent (3%) per month of base salary.
• Education incentive pay is cumulative for a maximum of 6%.
Section 11: Hazardous Materials Specialist Pay
Effective December 28, 2014 (the pay period containing January 1, 2015), a unit employee certified as a Hazardous
Materials Specialist shall receive special compensation of one hundred and seventy-eight dollars and twenty one
cents ($178.21) per month above their base pay. The City shall, as expeditiously as possible, send each unit
employee to all training necessary to achieve accreditation as a Hazardous Materials Specialist. Said payment shall
not be considered to be part of the employee's base salary when computing incentive pay.
16
Section 12: Urban Search and Rescue (USAR) Pay
Effective December 28, 2014 (the pay period containing January 1, 2015), a unit employee certified as a USAR
Specialist shall receive special compensation of one hundred and seventy-eight dollars and twenty one
cents($178.21.00) per month above their base pay. The City shall, as expeditiously as possible, send each unit
employee to all training necessary to achieve accreditation as a USAR Specialist. Said payment shall not be
considered to be part of the employee's base salary when computing incentive pay.
Section 13: Physical Fitness/Wellness Program
This program is mandatory for all fire safety personnel. Any individual who after one (1) year of participation has
completed a pre-program fitness evaluation, minimum participation requirements, bi-annual fitness evaluations and
verification of participation by the Battalion Chief will receive two hundred fifty dollars ($250.00) The Physical
Fitness/Wellness program is attached hereto as Attachment "A", and incorporated herein.
Section 14: Computation of Pav
A. 40-hour personnel
Unit -employees assigned to a 40-hour work week shall be paid on an hourly basis. The hourly rate shall be
the product of dividing the monthly salary by 173.3. Upon being assigned to a 40-hour schedule an
employee's accrued leave shall be reduced by a factor of 1.4 and paid to the employee upon use or separation
at the employee's 40-hour regular rate of pay. Upon being reassigned to a 56-hour schedule, all such accrued
leave shall be increased by a factor of 1.4.
B. 56-hour platoon personnel
All Fire Department employees assigned to a fifty-six (56) hour week would be paid a widely fluctuating
amount each pay period if they were paid for hours actually worked; therefore, such employees shall be
paid for the average number of hours in a two (2) week period, one hundred and twelve (112) hours.
Exceptions for leave without pay hours shall be reported and deducted from the average when pay is
computed. The "Exception Report" shall be in a form approved by the City Administrator.
17
ARTICLE FOUR
LONGEVITY
Section 1: Employees Hired On or Before June 30, 1994
Upon attaining 5 years of service with the City of Vernon .............................. 5% above base pay
Upon attaining 10 years of service with the City of Vernon . ........................ 10% above base pay
Upon attaining IS years of service with the City of Vernon ..........................15% above base pay
Upon attaining 20 years of service with the City of Vernon ..........................20% above base pay
A Captain upon attaining 30 years of service with the City of Vernon ........ .. 25% above base pay
Section 2: Employees Hired After June 30,1994 and on or before December 31, 2013
Upon attaining 5 years of service with the City of Vernon .............................. 5% above base pay
18
ARTICLE FIVE
OVERTIME
Section 1: Overtime Authorization
All overtime requests must have prior written authorization of a supervisor prior to the commencement of such
overtime work. Where prior written authorization is not feasible, explicit verbal authorization must be obtained.
Dispatched calls extending beyond the end of duty time are considered as authorized.
A. Policy
It shall be the policy of the Vernon Fire Department to honor personnel requests for time off when
possible, and distribute overtime opportunities in a fair and equitable manner to all members. It shall
be the Department's priority to maintain essential staffing levels when arranging coverage.
B. Order of Filling Vacancies
Overtime vacancies will be filled by those who have signed up for overtime availability for that day
and/or who have been determined by the Fire Chief pursuant to section 2c below to be qualified to fill
the vacancy. The individual in the same rank with the least overtime worked that calendar year will
have the first opportunity to work the overtime vacancy.
In the event the vacancy is unfilled, the same process will be used for those personnel who have signed
up as available to work overtime that day who are qualified to act in the rank in which the vacancy
exists. If that list is also exhausted and the vacancy is not filled, the person that is not presently working
and that is of the same rank as the vacancy with the least mandated overtime worked that calendar year
shall be mandated to work the overtime shift.
Section 2: Staffine
Overtime vacancies will be filled as necessary to meet deployment needs.
A. Sick Time back fill will be at the discretion of the Fire Chief unless and until staffing falls below 19 (18 VFA
members and 1 VFMA member)
B. Actors can be utilized for purposes of sick time back fill. If there are no qualified actors for sick time back
fill, it will be back filled with overtime once staffing falls below 19 (18 VFA members and 1 VFMA
member). Actors is defined as "an employee who is temporarily assigned to work out of classification".
C. The Fire Chief and the Vernon Fire Association shall jointly conduct a survey of the twelve comparable cities
in the survey market on industry standards used to qualify employees for temporary acting positions in other
classifications/ranks (Actors).
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D. In lieu holiday leave and Kin care leave will be treated as sick time for purposes of staffing and overtime.
E. IOD/Light Duty will be managed as vacation time and backfilled as vacation time for purposes of staffing.
Non-IOD/Light Duty will not be managed as vacation time and will be managed at the discretion of the Fire
Chief until staffing falls below 19 (18 VFA members and 1 VFMA member)
F. Back fill will not be required for training drills occurring at locations that are 25 or fewer miles from Vernon
City Hall or are scheduled to last 12 or fewer hours in duration. Back fill will be required only for drills
occurring at distances farther than 25 miles from Vernon City Hall or lasting more than 12 hours when
staffing levels fall below 19 (18 VFA members and 1 VMA member).
G. If a strike team or deployment causes the staffing to drop below 19 (18 VFA and 1 VFMA member), then
backfill will be utilized to return staffing to minimum level of 19 (18 VFA and 1 VMA member).
H. Any vacancy that is the result of an employee using vacation leave and causes the staffing to drop below 22
(21 VFA and 1 VFMA) shall be filled.
Section 3: Leave Inclusions
In determining an employee's eligibility for overtime compensation in a 24-day work period, the following paid
leaves of absence will be included in the total number of hours worked for the purposes of calculating overtime.
Paid leaves of absence include:
1. Vacation
2. Holiday Leave / In -Lieu Leave
3. Administrative Leave
4. Compensatory Leave
5. Workers' Compensation Leave (4850 time)
6. Jury Duty
Bereavement Leave
8. Military Leave
9. Association Leave Time
Section 4: Trainine and Recertification Time
Training and/or recertification time that is required by the then current job description on file with the Human
Resources Department or approved in advance by the Fire Chief is compensable.
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Section 5: Call Backs
Call Back duty occurs when an employee is ordered to return to duty on a non -regularly scheduled work shift. Call
Back does not occur when an employee is held over from his/her prior shift or is working prior to his/her regularly
scheduled shift.
An employee called back to duty shall be credited with a minimum of four hours work. Any hours worked in excess
of four hours shall be credited on an hour -for -hour basis (at time and one-half compensation) for actual time worked.
If the employee is ordered to return to work immediately, his work time shall be credited commencing immediately
after the employee has been directly contacted by the employer.
Section 6: Jury Duty
A. All regular full-time employees summoned to serve on jury duty shall be provided "Jury Duty Pay" and
there shall be no loss of compensation. An employee will be compensated up to two weeks at full pay for
jury duty. The employee must provide notice of the expected jury duty to his or her supervisor as soon as
possible, but in no case later than 14 calendar days before the expected start date of the jury duty.
B. An employee on call for jury duty is expected to report to work. An employee who is called in for jury
duty will be required to return to work as soon as they are released from jury duty. All employees shall
obtain verification of the hours of jury duty performed using verification forms as may be supplied by the
court.
C. Except as herein provided, employees shall remit to the City any compensation received from the Court for
those days while on jury duty and shall receive regular pay for the time served. Employees shall be
reimbursed by the City for the mileage portion of the jury duty compensation. Jury duty performed on an
employee's regular day off shall not be compensated by the city and the employee shall be entitled only to
the court's compensation for duty performed on such employee's regular day off.
D. If an employee is required to serve on a jury for a period longer than two weeks, the employee shall be
entitled, at the employees' option, to use any accrued leave time, other than sick time, during the period of
extended jury service. The employee shall continue to receive all paid benefits, and shall continue to accrue
eligible leave benefits.
Section 7: Non-Comoensable
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A. City Vehicle Use —Unit employees who are provided with a City vehicle to travel to and from work
shall not be compensated in any manner whatsoever for travel time to and from work:
B. Clothes/Uniform Changing Time —Unit employees are not authorized to wear their uniforms or any
part thereof that is distinguishable as such unless on duty. Each employee is provided with a locker for
his/her personal convenience. Any employee may or may not utilize the locker for storage and changing
purposes at his/her own discretion.
Nothing herein prevents an employee from wearing his/her uniform to and/or from his/her residence to
work as long as the badge and insignia are covered in a non -unit issue garment such as a windbreaker.
Time spent in changing clothes before or after shift, is not considered hours worked and is not
compensable in any manner whatsoever.
An employee shall be allowed to make off duty presentations without compensation in uniform upon
the approval of a chief officer.
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ARTICLE SIX
UNIFORM ALLOWANCE AND BULLETIN BOARDS
Section 1: Uniform Allowance
On the first pay check in August each year, each unit employee shall be paid the sum of Seven Hundred and Twenty -
Five Dollars ($725.00) for the purchase of uniforms. A unit employee hired by the City shall receive an initial issue
of uniforms. Uniform allowance is special compensation that shall be deemed earned when paid and shall be
reported to CaIPERS as compensation earnable.
The City shall provide all unit employees all required safety equipment, including, but not limited to, work boots.
Section 2: Bulletin Boards
The City shall provide a bulletin board for use by the VFA at each fire station, provided that any documents posted
shall be in good taste and shall not reflect adversely upon the City or its employees.
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ARTICLE SEVEN
BENEFITS
Section 1: Public Emplovee Retirement System ("PERS")
The City shall maintain its contract with the California Employees Public Retirement System (PEAS) that provides
VFA unit employees with the three percent (3%) at 50 safety retirement benefit plan.
As a result of the 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.
Unit employees hired before July 1, 2014 shall be responsible for paying their PERS nine percent (9%) employee's
contribution.
Unit employees hired on or after July 1, 2014 shall be responsible for paying their PERS employee's contribution.
Section 2: Supplemental PERS Retirement Benefits
The City agrees to provide additional supplemental retirement benefits to VFA unit employees under PERS as
follows:
• Gov't Code Section: 20042 — One Year Final Compensation:
Final compensation is the average full-time monthly pay rate for the highest twelve (12) consecutive
months.
• Gov't Code Section: 20124 - Military Service Credit as Public Service: Employees may
elect to purchase up to four (4) years of service credit.
• Gov't Code Section: 21574 — 4th Level of 1959 Survivor Benefits:
• Gov't Code Section: 21624 & 21626 & 21628 - Post Retirement Survivor Allowance: Provides surviving
spouse fifty percent (50%) of the amount of retirement allowance, dependent on option choices, that is
effect at the time of death of retiree.
• Pre -Retirement Option 2W Death Benefit 21548
• Gov't Code Section: 20965-Credit for Unused Sick Leave
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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 of 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 unit employees enrolled in either the HMO or PPO (non-HSA) medical plans, the City shall pay up to
$1,100 per month towards the cost of the plan for employees and eligible dependents.. The cost of any plan
selected by the employee that exceeds $1,100 shall be paid by the employee through a pre-tax deduction.
B. For unit employees enrolled in the HSA PPO plan, the City shall pay up to $850 per month towards 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 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.
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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 life insurance plan to employees. The City shall pay 100% of the cost of such plan for employees.
The City's agreement to pay full or partial costs of said premiums shall not create or ripen into a vested right for said
employee; however, the City shall be obligated to pay the cost or provide said medical, dental, vision, and life insurance
benefits as described so long as this MOU remains in effect
Section 8: Retiree Medical
Employees must retire from the City of Vernon under a Ca1PERS Benefit Formula (i.e. Age 50 or 57
Formula) to be eligible for Retiree Medical/Dental Benefits. The City shall pay up to $1,100 per month
towards the employee's HMO medical and dental insurance premium for the employee and his/her
eligible spouse in the classifications represented by the Vernon Firemen's Association who have been
employed for a minimum of twenty (20) years of continuous service with the City of Vernon. The
maximum $1,100 City contribution shall be applied only toward a city provided HMO medical and dental
premium plan payment and shall have no cash surrender value.
The City's contribution toward the Retiree HMO Medical/Dental Benefit Plan shall continue for said
retired employee and eligible spouse up to the age of sixty-five (65). Upon reaching the age of sixty-five
(65), the retiree and/or eligible spouse shall apply for Medicare coverage, whereupon the City's insurance
shall become supplemental coverage. The City shall pay up to 100% of the cost to provide any Medicare
supplemental medical and dental insurance plan offered by the City of Vernon, not to exceed $1,100 per
month. The City will not be the primary insurance carrier once the retiree and/or employee reaches the
age of sixty-five (65). If the retiree or eligible spouse fails to timely obtain and maintain Medicare
coverage, the City shall not be required to provide any medical/dental benefits until such Medicare
coverage is obtained and maintained. The maximum $1,100 City contribution shall be applied only
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towards a City sponsored Medicare supplemental medical and dental premium plan payment and shall
have no cash surrender value.
All retired employees with a minimum of ten (10) years of continuous uninterrupted service with the City
may pay the City's premium cost for medical and dental insurance up to the age of sixty-five (65) after
which time Medicare will become the primary insurance carrier. The retired employee may remain on
the City's supplemental insurance to Medicare at his/her cost provided the retiree has timely obtained and
maintains Medicare coverage.
Should the retired employee fail to pay his/her required cost of the insurance premium for the City's
medical/dental benefit plan for any three (3) consecutive months or, should the coverage otherwise lapse for any
reason other than City's non-payment, then the City's obligation to maintain the retiree's medical/dental benefit
plan shall automatically terminate without the need for further notice.
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Section 9: Vacation Time
A. Annual Accrual For 56-Hour Personnel
• 9 years or less: 13 shifts (12 hours per pay period)
• 10 - 24 years: 15 shit (13.85 hours per pay period)
• 25 or more: 16 shifts (14.77 hours per pay period)
B. Annual Accrual for 40 Hour Personnel
• 9 years or less: 120 hours (4.62 hours per pay period)
• 10-24 years: 160 hours (6.16 hours per pay period)
• 25 or more: 170 hours (6.54 hours per pay period)
C. Policy
A Maximum of 9 platoon personnel per shift shall be permitted off on vacation leave consisting of the
following:
• Captains - maximum of 2 off per shift.
• Engineers - maximum of 3 off per shift
• Paramedics- maximum of 2 off per shift.
• Firefighters- maximum of 2 off per shift or a maximum of 3 when used in combination with
other ranks.
D. Carry Over of Vacation Leave
Employees are permitted to carry-over one year's annual accrual from calendar year to calendar year. At the
end of every calendar year, employees who have accrued vacation hours in excess of their permitted carry-
over shall be paid their regular rate of pay of all such excess hours.
Vacation Leave Conversion:
At the time an employee is transferred to the administrative work schedule, his or her vacation leave balance shall
be converted from the suppression work schedule rate to the administrative work schedule rate by dividing the
accrued balances by 2.4 (example: 90 hours of suppression vacation time - 2.4 = 37.50 hours of administrative
vacation time). Said converted balances shall be available for employee's use while assigned to the
administrative work schedule in accordance with applicable policies.
At the time an employee is returned to the suppression work schedule, his or her vacation leave balance shall be
converted back to suppression hours by multiplying the hours by 2.4 (example: 37.50 hours of administrative
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vacation time X 2.4 = 90 hours of suppression vacation time). Said converted balances shall be available for
employee's use while assigned to the suppression work schedule in accordance with applicable policies.
Should an employee separate during the time of their administrative assignment, the accrued balance shall be
converted back to suppression hours by multiplying the administrative hours by 2.4 and paid out at the
suppression hourly rate. (example: 37.50 hours of administrative vacation time X 2.4 = 90 hours of suppression
vacation time).
Section 10: "In Lieu" Holidays
Unit employees shall be credited with three (3) 24-hour holiday "in lieu" shifts (72 hours total) per year. "In lieu"
holidays will be credited to each employee on each July 1 in which he/she is on the active payroll of the Department
in a classification represented by the VIA and must be taken prior to the immediately following July 1.
"In lieu" holidays may be taken on dates desired by the employee subject to the needs of the Vernon Fire
Department.
Any accrued, unused hours shall be paid at the employee's regular rate of pay, computed in accordance with the
applicable Salary Resolution of Vernon, in the pay period inclusive of June 3011, or upon separation from
employment.
If the City Council, during the fiscal year, provides one or more additional holidays to the miscellaneous
employees, that shall not affect the number of "in lieu" holidays for the employees represented by the VIA.
In -Lieu Holiday Time - Conversion
At the time an employee is transferred to the administrative work schedule, his or her balance of In -Lieu Time
shall be suspended and unavailable for use or cash out.
While an employee is assigned to the administrative work schedule (40-hour work week):
1) His or her In -Lieu Holiday Time balance shall remain unavailable for use or cash out until such time as
he or she returns to the suppression work schedule (56-hour work week).
2) He or she shall not receive In -Lieu Holiday Time
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3) He or she shall be entitled to the City's holiday pay for each holiday he or she is regularly scheduled to
work as authorized by the City Council.
At the time an employee is returned to the suppression work schedule, his or her suspended In -Lieu Holiday Time
shall be reinstated for use or cash out in accordance with the memorandum of understanding.
An employee who quits or is terminated shall not be entitled to any compensation for "in lieu" holidays not taken
unless previously denied.
Section 11: Sick Leave
Unit employees only receive sick leave accrual while they are in a paid status.
A. Platoon personnel accrue sick time at the rate of 5.54 hours per pay period (144 hours annually). Upon
reaching the cap of 1440, the employee will continue to accrue sick leave provided, however, in the final
pay period in December each year all accrued sick leave in excess of 1440 hours shall be cashed in at
fifty percent (50%) of the employee's regular rate of pay.
B. Forty -hour (40-hour) personnel accrue sick time at a rate of 3.96 hours per pay period (103 hours
annually). Upon reaching the cap of 1029, the employee will continue to accrue sick leave provided,
however, in the final pay period in December each year all accrued sick leave in excess of 1029 hours
shall be cashed in at fifty percent (50%) of the employee's regular rate of pay.
C. If an employee resigns from the City with 20 years or more of continuous service, he/she will be
compensated for all unused sick leave hours in his/her sick leave bank at the time of separation at 50% of
his/her then current regular hourly rate of pay.
D. If an employee retires from the City with at least 15 and less than 20 years of continuous service, he/she
will be compensated for all unused sick leave hours in his/her sick leave bank at the time of separation at
50% of his/her then current regular hourly rate of pay.
E. If an employee retires from the City with 20 or more years of continuous service, he/she will be
compensated for all unused sick leave hours in his/her sick leave bank at the time of separation at 100% of
his/her then current regular hourly rate of pay.
F. An employee who is absent on sick leave for more than one (1) consecutive shift will be required by his
or her supervisor to provide a physician (or Chiropractic/Physician Assistant) note in order to be paid for
the sick leave.
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Sick Leave Conversion
At the time an employee is transferred to the administrative work schedule, his or her sick leave balance shall be
converted from the suppression work schedule rate to the administrative work schedule rate by dividing the
accrued balance by 1.4 (example: 112 hours of suppression sick leave . 1.4 = 80 hours of administrative sick
time). Said converted balances shall be available for employee's use while assigned to the administrative work
schedule in accordance with applicable policies.
At the time an employee is returned to the suppression work schedule, his or her sick leave balance shall be
converted back to suppression hours by multiplying the hours by 1.4 (example: 80 hours of administrative sick
time X 1.4 = 112 hours of suppression vacation time). Said converted balances shall be available for employee's
use while assigned to the suppression work schedule in accordance with applicable policies.
Should an employee separate during the time of their administrative assignment, the accrued balance shall be
converted back to suppression hours by multiplying the administrative hours by 1.4 and paid out at the
suppression hourly rate. (example: 80 hours of administrative sick time X 1.4 = 112 hours of suppression sick
time).
Section 12: Bereavement Leave
When an employee is compelled to be absent from duty by reason of death or critical illness (where death appears
imminent) of a member of the employee's immediate family (father, mother, brother, sister, spouse, domestic
partner, children, mother-in-law, father-in-law, grandmother, grandfather, grandmother -in-law, grandfather -in-
law, grandchildren), such person will be permitted, subject to the Fire Chiefs approval, to a leave of absence
with pay of up to forty-eight (48) hours over two shifts, which need not be consecutive. An employee shall not
be granted paid Bereavement Leave for more than 48 hours in any six-month period for the same family member.
Employees will be allowed to utilize their vacation time, any compensatory time, or any "in lieu" holiday time that
is due to the employee, in order to lengthen such bereavement time.
The employee shall furnish satisfactory evidence of such death or critical illness to the Fire Chief, if requested.
Section 13: Deferred Compensation
The City shall continue to administer the existing 457 deferred compensation program for all unit employees.
Section 14: Education Reimbursement
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The educational reimbursement program is a financial assistance program that offers reimbursements for tuition,
fees and books up to a maximum of $2,200 per fiscal year. The fiscal year is July 1 through June 30. Employees
are eligible for this assistance after 12 months of uninterrupted employment with the City of Vernon.
A grade of "C" or better (or "pass" if on a pass/fail basis) is required for reimbursement. A request for
reimbursement must be made within 60 days of receipt of grades and should include the following: a copy of the
final grade report, a copy of expenses for tuition, fees, and books; and a completed and signed tuition reimbursement
form.
Section 15: Other City Employee Proarams
VFA unit employees are eligible to participate in all City -sponsored programs passed by City Council Resolutions
that are intended to benefit all employees in the areas of, but are not limited to, the following:
• Buyback of military leave for PERS retirement time — Gov't Code 21024
• Computer loan purchase plan — Resolution-2011-67
• Life insurance
• Corrective eye surgery plan — Resolution 2011-65
• Hearing aid device plan — Resolution 2011-66
• Family Medical Leave Act (FMLA)
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ARTICLE EIGHT
WORK SCHEDULE
Section 1: FLSA Work Period
The FLSA work period for unit employees assigned to a daily work schedule of twenty four (24) hours shall be a
fixed and regularly recurring work period of twenty-four consecutive days (576 hours).
Section 2: Work Schedules
A. Platoon Personnel
Unit employees assigned to a 56-hour work week shall work a 48/96 work schedule that consists of two
consecutive 24-hour shifts followed by 96 consecutive hours off, on a rotating three platoon basis (A, B &
C Platoon). Employees that work such schedule average 56 hours a week and 112 hours per pay period.
Unit employees assigned to work a 48/96 schedule shall begin work at 0700 hours and terminate at 0700
hours following two 24-hour periods.
B. 40-Hour Personnel
Unit employees assigned to work a 40-hour work week shall be assigned to a 4/10 schedule that consists of four
(4) consecutive work days of ten (10) consecutive work hours each, inclusive of paid breaks and an unpaid 30-
minute meal period, followed three consecutive days off, each week. Unit employees on such schedule shall be
assigned to work Monday through Thursday from 0600 to 1630 hours, unless an alternate schedule is approved
in writing by the Fire Chief and VFA.
Section 3: 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
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individual actually doing the work. "Paybacks" of shift trade are the obligation of the two employees involved in
the trade. Pay -backs are to be completed within one (1) calendar year of the date of the initial shift trade.
Any dispute as to the paybacks is to be resolved by the involved employees, and under no circumstances will the
department be obligated for any further compensation whatsoever to any of the involved employees. The
department is not responsible in any manner for hours owed to employees by other employees that leave the
employment of the City or are assigned other duties. A record of all initial shift trades and "paybacks" shall be
maintained by the involved employees on forms or computers provided by the Department.
Section 4: Early Relief
The practice of early shift relief shall be voluntary on behalf of each employee involved in the relief. The employee
providing the early relief shall not have his/her compensable hours increased as a result of the early relief, nor shall
the employee relieved early have his/her compensable hours decreased as a result of the early relief.
"Paybacks" of early relief hours are the sole obligation of the two employees involved in the early relief. Any
dispute is to be resolved by the involved employees, and under no circumstances will the Department be obligated
for any further compensation whatsoever to any of the involved employees. The Department is not responsible
in any manner for hours owed to employees by other employees who leave the employment of the City or are
assigned other duties.
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ARTICLE 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 —Battalion Chief
Within eight (8) 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 Battalion Chief 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 Battalion Chief, the supervisor shall make a decision and present his/her
decision, in writing, to the Association and employee(s) within ten (10) days.
Step Two - Department Head
If the Association or employee(s) is not satisfied with the decision of the immediate supervisor, or if the immediate
supervisor does not provide a decision within the 10-day timeframe, the grievant(s) shall present the grievance, in
writing, to the Fire Chief within five (5) days of the decision of the immediate supervisor, or five (5) days from the
date the response was otherwise due. 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 ten (10) days, the Fire Chief, or the designee of
the Fire Chief, shall meet with the Association and employee(s) to hear the grievance. Within five (5) days of
hearing the grievance, the Fire Chief or designee shall present his/her decision, in writing, to the Association and
employee(s), with copies to the Human Resource Director and the City Administrator.
Step Three - City Administrator/Advisory Arbitration
If the Association or employee(s) is not satisfied with the result of the meeting with the Fire Chief, within five (5)
days the grievant may request the matter be heard by the City Administrator or designee, or the Association may
choose to have the matter heard by an impartial hearing officer (arbitrator).
Should the matter be submitted directly to the City Administrator or designee, he/she shall meet with the
Association and/or employee(s) within ten (10) days of receipt of the grievanfs written notice. If the Association
and/or employee(s) elects to have the matter heard by the City Administrator or designee, the Association and/or
employee(s) waives the right to have the matter heard by an arbitrator. Within five (5) 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.
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If the Association elects arbitration, costs of the arbitration shall be shared equally between the Association and the
City. A court reporter shall be retained only by mutual consent of the parties. The costs of the arbitration, including
the court reporter, shall be divided in half (i.e. 50/50) by the parties. Attorney fees, staff time and witness fees shall
not be shared between the parties and shall be paid by the party that incurred the cost.
If the Association elects arbitration, the City shall request a list of five (5) arbitrators registered with the American
Arbitration Association, California State Conciliation Service or some other mutually agreed upon source within
ten (10) days of the Association's request. 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 Title 9, Part 3, of the Code of Civil Procedure of the State of
California.
Within ten (10) days of receipt of the arbitrator's recommendation, the City Administrator shall provide his/her
decision, in writing, to the Association and employee(s). The recommendation of an arbitrator shall be advisory to
the City Administrator or designee. The decision of the City Administrator shall be final and binding, subject to
the option of the employee to bring a 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
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.
2. The following procedures shall be followed when, in the judgment of the Department Director, an
employee has committed an act or omission that justifies discipline. The Department Director or his/her
designee shall advise employees of contemplated disciplinary actions in writing and allow the employee
an opportunity to respond to such charges prior to taking final action.
a. Disciplinary actions should be documented in the employee's official personnel file. Performance
deficiencies documented in the employee's performance evaluation as "does not meet standards"
may be the basis for disciplinary action if the employee fails to correct those performance
deficiencies within the time period designated by his/her supervisor. To the extent possible,
performance deficiencies or other causes for discipline will be documented in the employee's
personnel file.
b. Upon the City receiving authorization from the employee, the City will provide the Association
with all written notices of discipline given to employees represented by Association. The written
notice of discipline will also inform the employee that he/she has the right to consult with the
Association with regard to the disciplinary action being taken.
C. Nothing in this article shall preclude the Fire Chief or his/her designee from ordering an employee
to cooperate with other agencies involved in criminal investigations. If an employee fails to
comply with such an order, the employee may be officially charged with insubordination.
B. PRE -DISCIPLINARY PROCEDURES
Prior to the discipline of any permanent employee, the following procedures shall be followed. This process shall
not be applicable to performance evaluations or verbal counseling/reprimands.
Written Notice of Proposed Action
Written notice of the proposed disciplinary action shall be given to the employee. Such notice shall include the
proposed effective date of the discipline, a statement of the reason(s) for the proposed action, including the rule or
standard of conduct allegedly violated, the proposed discipline and the charge(s) being considered.
Employee Review
The employee shall be supplied with a copy of the documents or materials upon which the proposed disciplinary
action is based.
37
Emolovee Resoonse/Pre-Disciolinary Conference
The notice of proposed action shall state the date by which the employee must exercise the right to respond orally,
in writing or both orally and in writing. This represents the pre -disciplinary opportunity for the employee to state
any reasons that he/she believes the proposed action to be inappropriate. The employee shall have a reasonable
amount of time to respond, which shall not be fewer than five (5) 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 ofthe 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 with pay pending the
processing of the notices required in Section B of this article, and pending the completion of such investigations or
hearings as may be required to determine if disciplinary action is to be taken.
C. DISCIPLINARY APPEAL PROCEDURES
The appeal process shall not be applicable to probationary employees. The appeal process shall not be applicable
to performance evaluations, or verbal reprimands.
An employee desiring to appeal the discipline shall have ten (10) days after receipt of final notice of discipline.
The employee's request for appeal must be addressed to the City Administrator and received in the Human
Resources Department. The Human Resources Department shall date stamp the employee's appeal to verify the
timeliness of the appeal.
If, by the expiration of the (ten) 10 day appeal period, the employee does not file the appeal, unless good cause for
the failure is shown, the discipline shall be considered conclusive and the right of appeal to have been waived. If
the employee files a timely appeal, an appeal hearing shall be established as follows:
1. The employee and the City shall jointly request the State Office of Administrative Hearings to appoint
an Administrative Law Judge (ALJ) to hear the appeal and to render a decision advisory to the City
Administrator. The City and Association will share equally share (i.e. 50/50) the hearing -related
expenses such as ALJ fees and court reporter fees, but excluding attorney fees, expert witness(es) and
staff time.
2. All appeal proceedings arising under this procedure shall be governed by the provisions of Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the California Government Code.
38
3. All time limits specified in the procedure may be waived by mutual written agreement.
4. At the conclusion of the hearing, the ALJ will submit his/her findings to the City and the employee.
Within ten (10) days of receiving the ALJ's findings, the City Administrator shall provide his/her
decision, in writing, to the employee. The City Administrator's decisions shall set forth which charges,
if any, are sustained and the reasons therefor. The opinion shall set forth findings of fact and
conclusions. The City Administrator's decision is final, subject to the option of the employee to bring a
proceeding pursuant to Code of Civil Procedure sections 1094.5 and 1094.6.
0
ARTICLE TWELVE
MANAGEMENT RIGHTS
Except as limited by the specific and express terms of this Memorandum of Understanding, the City hereby retains
and reserves unto itself all rights, powers, authority, duties and responsibilities conferred on and vested in it by the
laws and the Constitution of the State of California and/or the United States of America; provided, however, if the
City's decision to exercise such rights, powers, authority, duties and responsibilities impacts the wages, hours and
other terms and conditions of employment of unit employees, the City shall be required to first meet and confer on
the impact and effect of such decision.
The City retains all its exclusive rights and authority under State and Federal law and expressly and exclusively
retains its management rights, which include, but are not limited to:
A. The exclusive right to determine the mission of its constituent departments, commissions, and
boards.
B. Set standards and levels of service.
C. Determine the procedures and standards of selection for employment and promotions.
D. Direct employees.
E. Establish and enforce dress and grooming standards.
F. Determine the methods and means to relieve its employees from duty for lawful reasons.
G. Maintain the efficiency of governmental operations.
H. Determine the methods, means and numbers and kinds of personnel by which government
operations are to be conducted.
I. Determine the content and intent of the job classifications.
J. Determine methods of financing.
K. Determine style and/or types of city -issued wearing apparel, equipment or technology to
be used.
L. Determine and/or change the facilities, methods, technology, means, organizational structure and
size and composition of the work force and allocate
40
and assign work by which the City operations are to be conducted.
M. Determine and change the number of locations, relocations and type of operations
processes and materials to be used in carrying out all city functions, including, but not limited to, the right
to contract for or subcontract any work or operations of the City.
N. Assign work to employees in accordance with requirements as determined by the City.
0. Establish and modify productivity and performance programs and standards.
P. For just cause only, discharge, suspend, demote, reprimand, withhold salary increases and benefits,
or otherwise discipline employees in accordance with applicable state law.
Q. Establish employee performance standards including, but not limited to, quality and quantity standards,
and to require compliance therewith.
R. Take all necessary actions to carry out its mission in emergencies.
S. Exercise complete control and discretion over its organization and the technology
of performing its work.
41
SIGNATURE PAGE
CITY OF VERNON
Mark C. Whitworth
Dean Richens
City Administrator / "MERR"
Teresa McAllister
Director of Human Resources
Kristen Enomoto
Bryan Dome
Deputy City Administrator
Alex Kung
Jonathan Flagler
Economic Development Manager
M290)Ir/!3DX.V Ilei0)RUVI
Zaynah Moussa, Deputy City Attorney
APPROVED AND ADOPTED BY CITY COUNCIL ON
RESOLUTION NO.
ATTEST:
Ana Barcia, Deputy City Clerk
42
VERNON FIREMEN'S ASSOC.
President
Todd Hewett
Vice -President
Secretary
Treasurer
Corey Hernandez
VFA Director
Dated:
FULLY EXECUTED AGREEMENT
CONTRACT/AMENDMENT SIGNATURE ROUTING FORM
CONTRACTOR: Vernon Firemen's Association
CONTRACT PURPOSE: Memorandum of Understanding July 1, 2014 — June 30, 2016
CONTRACT IS: ❑ FEDERAL ❑ PREVAILING WAGE ❑ COMPETITIVE SELECTION & NOTICED RFP
❑ COMPETITIVE BID & NOTICED INVITATION TO BID
VfXEMPT FROM COMPETITIVE PROCESS (APPROVAL ATTACHED)
❑ SERVICES ❑ MATERIALS ❑ BUDGETED ❑ NOT BUDGETED
TOTAL CONTRACT VALUE: $ Charge Aect. No(s)
Amendment Value $ ❑ Contract is an Amendment to Contract No. (if applicable)
RESPONSIBLE DEPARTMENT PERSON: Teresa McAllister PHONE: ext. 239
AUTHORIZATION: fyApproved by Council on 12/16/2014
(Check One) Resolution No. 2 44-74-- (if applicable)
�\LVIS
❑ Approved by City Administrator on
Note: Attach supporting documentation
❑Amendment Approved by (if applicable)
ROUTING SEQUENCE: (Please Follow In Order — Do not use N/A) Initials Date
(1) Responsible Department Personfr'
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 Bid ing & Living Wage Ordinances
and reflected in current budget
(4) City Attorney r'
Approves contract as to form, verifies bonds and insurance included � Y l , �q (S
(5) City Signatory
Signs all copies on behalf of City VY
(6) City Clerk
Attests signatures, numbers, files contract, insurance and bonds, and
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. 127/14
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
AND
VERNON FIREMEN'S ASSOCIATION
July 1, 2014 through June 30, 2016
TABLE OF CONTENTS
MEMORANDUM OF UNDERSTANDING
Parties to the Memorandum of Understanding....................................................................5
ARTICLE ONE: FUNDAMENTALS
Section 1:
Recognition.................................................................................................. 6
Section 2:
No Discrimination.........................................................................................6
Section 3:
Mutual Cooperation..................................................................................... 7
Section4:
Layoffs..........................................................................................................7
Section 5:
No Strikes or Lockouts..................................................................................7
Section6:
City / VFA Meetings....................................................................................7
Section 7:
Association Business....................................................................................7
Section 8:
License Requirement.....................................................................................8
Section 9:
Payroll Deduction..........................................................................................8
ARTICLE TWO: LEGAL LIMITATIONS, SAVINGS CLAUSE & TERM
Section 1: Legal Limitations and Savings Clause..........................................................9
Section2: Waiver and Term.......................................................................................... 9
ARTICLE THREE: SALARIES
Section1: Salaries........................................................................................................II
Section2: Fire Captains..............................................................................................I I
Section 3: Fire Engineers.............................................................................................12
Section 4: Firefighter/Paramedic Coordinator............................................................. 13
Section 5: Firefighter/Paramedic................................................................................. 13
Section6: Firefighter....................................................................................................14
Section7: Step Advances.............................................................................................15
2
Section 8:
Section 9:
Section 10:
Section 11:
Section 12:
Section 13:
Section 14:
Section 1
Section 2
Section 1:
Section 2:
Section 3:
Section 4:
Section 5:
Section 6:
Section 7:
Section 1:
Section 2:
Section 1
Salary Adjustment Increase....................................................................... 15
BilingualPay................................................................................................16
Educational Incentive Pay ......................................................... 16
Hazardous Materials Specialist Pay............................................................ 16
Urban Search and Rescue Specialist Pay ..................................................... 17
Physical Fitness/Wellness Program..............................................................17
Computationof Pay...................................................................................... 17
ARTICLE FOUR: LONGEVITY
Employees Hired On or Before June 30, 1994............................................ 18
Employees Hired After June 30, 1994 and on or before Dec. 312013 .......18
ARTICLE FIVE: OVERTIME
Overtime Authorization.............................................................................
19
Staffing.........................................................................................................19
LeaveInclusion............................................................................................
20
Training and Recertification..........................................................................
21
CallBacks....................................................................................................
21
JuryDuty.......................................................................................................21
Non-Compensable.........................................................................................
22
ARTICLE SIX: UNIFORMS AND BULLETIN BOARDS
Uniform Allowance ..................................................
Bulletin Boards.........................................................
ARTICLE SEVEN: BENEFITS
Public Employees Retirement System .............
3
....................... 23
........................ 23
................24
Section 2:
Supplemental PERS Benefits.......................................................................24
Section3:
Medical........................................................................................................25
Section4:
Cafeteria Plan...............................................................................................
25
Section5:
Dental...........................................................................................................25
Section6:
Vision...........................................................................................................26
Section 7:
Life Insurance..............................................................................................
26
Section 8:
Retirees Medical........................................................................................
26
Section 9:
Vacation Time..............................................................................................28
Section 10:
"In Lieu" Holiday Time...............................................................................
29
Section11:
Sick Leave....................................................................................................30
Section 12:
Bereavement Leave......................................................................................31
Section 13:
Deferred Comp.............................................................................................31
Section 14:
Educational Reimbursement.........................................................................32
Section 15:
Other City Employee Programs...................................................................
32
ARTICLE EIGHT: WORK SCHEDULE AND ABSENCES
Section 1:
FLSA Work Period....................................................................................
33
Section 2:
Work Schedules.........................................................................................
33
Section3:
Shift Trades..................................................................................................33
Section4:
Early Relief.................................................................................................
34
ARTICLE NINE: GRIEVANCE PROCEDURE
Grievance Procedure Steps................................................................................................ 35
ARTICLE TEN: DISCIPLINE PROCEDURE
Discipline Procedure Steps................................................................................................ 37
ARTICLE ELEVEN: MANAGEMENT RIGHTS
ManagementRights............................................................................................................ 40
SIGNATURE PAGE
Signatures.......................................................................................................................... 42
4
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
AND
VERNON FIREMEN'S ASSOCIATION, IAFF LOCAL 2312
Parties to the Memorandum of Understanding
Pursuant to Chapter 10 (section 3500 et seq) of Division 4, Title 1 of the Government Code and Resolution No.
4027, the Resolution for the administration of Employer -employee relations, the matters within the scope of
representation that are set forth in this Memorandum of Understanding (MOU) have been discussed by and
between representatives of the City of Vernon and the representatives of the Vernon Firemen's Association,
IAFF Local 2312 (hereinafter "VFA"), and except ,as otherwise specifically provided herein shall apply only to
those defined in the aforesaid Resolution as "full-time sworn and regular part-time employees in the Fire
Department except management and confidential employees," otherwise known as Chief Officers.
This MOU constitutes a joint agreement by the Municipal Employee Relations Representative ("MERR") and the
VFA, to be submitted to the City Council of Vernon for its determination and approval by one or more Resolutions
or Ordinances as the City Council may deem fit and proper.
The MERR and the Representative of the VFA have agreed that they will jointly urge the City Council of Vernon
to adopt one or more Resolutions or Ordinances reflecting the changes in wages, hours, and other conditions of
employment agreed upon in this MOU.
If approved, the terms agreed upon by this MOU shall take effect on July 1, 2014, except where other effective
dates are specified, and shall expire at midnight on June 30, 2016.
IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN STATED, the VFA
and the City of Vernon agree as follows:
5
ARTICLE ONE
FUNDAMENTALS
Section 1: Recoenition
The City recognizes the Vernon Firemen's Association as the exclusive recognized employee organization on
behalf of all full-time sworn, non -management personnel engaged in fire prevention, suppression, administration
and paramedic services within the City, including, but not limited to, employees occupying the job classifications
of Firefighter, Administrative Firefighter, Firefighter/ Paramedic, Firefighter/ Paramedic Coordinator, Fire
Engineer, Administrative Engineer, Fire Captain, Regional Training Captain, and Administrative Captain.
Section 2: No Discrimination
The City and the Association are committed to working together to support a work environment characterized by
fair treatment and access to equal opportunities.
The provisions of this Memorandum of Understanding shall be applied equally to all employees covered hereby.
Neither the City nor the VFA shall discriminate against any individual, applicant or employee with respect to his
compensation, terms, condition, or privileges of employment or because of an individual's race, color, sex,
religion, national origin, age, marital status, disability, pregnancy, sexual orientation, political or religious
opinions or affiliations, or membership or non -membership in the VFA.
The terms "they" and "their" may be used in this agreement as substitutes for the terms "his," "her," "his/her,"
"he," "she," or other terms which would indicate masculine or feminine gender. Whenever the male gender is used
herein it shall be construed to refer to both male and female employees.
Except as limited by the specific and express terms of this Memorandum of Understanding, the Association
hereby retains and reserves unto itself all rights, powers, authority, duties and responsibilities conferred on and
vested in it by the laws and the Constitution of the State of California and/or the United States of America. The
parties specifically agree that neither VFA nor any VFA representative or member shall be discriminated against,
intimidated, coerced,
0
disciplined or retaliated against because of the lawful exercise of its or his rights, including, but not limited to, the
right to participate in VFA activities, serve as a VFA officer or director, or otherwise represent the interests of
VFA.
Section 3: Mutual Cooperation
The parties recognize the necessity of cooperating on matters of mutual concern and interest and agree to work
together to maximize the effectiveness of the Fire Department and the City.
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.
The City and the Association agree to a re -opener regarding the Association's bumping rights and procedures.
Section 5: No Strikes or Lockouts
During the life of this agreement no work stoppages, strikes, or slowdowns shall be caused or sanctioned by the
VFA, and no lockouts shall be made by the City.
Section 6: City/VFA Meetinas
Representatives from the VFA and the City shall meet as needed to discuss issues of mutual concern.
Section 7: Association Business
The VFA will have available 240 hours of Association Leave Time at the beginning of each calendar year for
conducting Association business. Representatives of the VFA shall be allowed time to conduct their Association
business as necessary during work hours. Representatives of the VFA shall have reasonable access to the work
sites of unit employees at any time during the working hours to conduct Association business as long as such
visits do not unreasonably interfere with the conduct of the City's usual business and the employee's work.
Coordination of such work will be made with the Fire Chief to ensure the availability of staffing levels for such
meetings. Representatives of VFA may use any Fire Department facilities free of charge for its Board of Directors
and general membership meetings provided such facility is not otherwise booked. VFA shall secure approval
from the Fire Chief for the date and time it wishes to secure use of the facility. The granting of such approval will
be made if the City facility is not otherwise scheduled to be used at the time of VFA's request.
Association Leave shall be subject to the following requirements and restrictions:
A. The VFA President will be responsible for assigning any Leave Time to his board members.
Unused hours may not be carried over from one year to the next without the written authorization
of the Fire Chief or his designee.
B. In each case where Leave Time is requested, such request must be in writing to a battalion chief
or above a minimum of 72 hours before the Leave Time is needed unless authorized in writing by
the Fire Chief or his designee.
C. Association Leave Time will not be granted if it will cause overtime unless it is authorized in
writing by the Fire Chief or his designee.
D. In no case will Association Leave Time be used for political activity and/or action(s) purposes.
No unit employee shall engage in political activity while on duty or in uniform.
Section 8: Driver's License Requirement
Firefighters of all ranks from captain and below must maintain at the minimum a Class C driver's license with a
firefighter endorsement. New firefighters must attain their license within their, probationary period. Exceptions to
this requirement must be approved by the Fire Chief.
Section 9: Payroll Deduction
The City shall, during the term of this agreement, effect a payroll deduction for membership dues, service fees
and other charges authorized pursuant to an executed form signed by the employee permitting such deductions.
Any payroll deductions collected by the City shall be transmitted on a biweekly basis to the treasurer of the
Association, or such other party designated in writing by the Association. The City shall not be obligated to put
into effect any new, changed, or discontinued deduction until the first pay period commencing not more than
thirty (30) days after receiving the request. This provision shall remain operative as long as VFA is the exclusive
recognized employee organization of unit employees.
8
ARTICLE TWO
LEGAL LIMITATIONS, SAVINGS CLAUSE, AND TERM
Section 1: Leeal Limitations and Savines Clause
It is understood and agreed that this Memorandum of Understanding (including, but not limited to, the provisions
of the Fair Labor Standards Act) and any and all Resolutions or Ordinances adopted in implementation thereof are
and shall be subject to all present and future applicable federal and state laws and regulations and shall be
effective and implemented only to the extent permitted by such laws and regulations.
If any part of this Memorandum of Understanding or of any Resolution or Ordinance adopted in implementation
thereof is in conflict or inconsistent with any such applicable provisions of federal and state laws or regulations or
otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision
shall be suspended and superseded, and such applicable laws and regulations and the remainder of this
Memorandum of Understanding shall not be affected thereby and shall remain in full force and effect. However,
should the invalid or illegal provisions relate to the compensation or benefits of unit employees, the City and the
Association agree to meet and confer on alternative compensation or benefit that shall be of substantially equal
value for both the employee and the City.
Section 2: Waiver of Bareainine and Term
The VFA and City of Vernon hereby agree that no changes in this MOU regarding the wages, hours, or other
conditions of employment of employees in the classifications represented by the VFA that would take effect prior
to the expiration of the MOU shall occur, unless both parties mutually agree to such changes.
Each of the parties acknowledges that it had a full and unrestricted right to make, advance, and discuss all matters
properly within the scope of the meet -and -confer process in accordance with the Meyers-Milias-Brown Act (Cal.
Gov't Code 3500, et. seq.). Except as otherwise provided herein during the term of this Memorandum of
Understanding, the parties expressly waive and
0
relinquish the right to compel the other to meet and confer except by their mutual consent with respect to any
subject or matter, whether referred to or covered by this Memorandum of Understanding or not, even though each
subject or matter may or may not have been within that parry's knowledge or contemplation at the time they met
and conferred or executed this Memorandum of Understanding.
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.
If the VFA or City desires to negotiate a successor MOU, either party may serve upon the other a written request
between February 1, 2016, and March 1, 2016.
10
ARTICLE THREE
SALARIES
Section 1: Salaries
Effective the beginning of the pay period containing January 1, 2015, the following salary ranges are established
for employees represented by the VFA based upon the results of the City wide classification and compensation
study at the 75'n percentile, and consistent with the proposed grade and step pay plan. Effective the pay period
containing January 1, 2015, VFA employees shall be placed at the grade and step that is closest to, but not lower
than their current base salary.
Section 2: Fire Captain
1) Effective December 28, 2014, (the beginning of the pay period containing January 1, 2015), the base monthly
salary of a Fire Captain shall be:
Grade 31
Step 1 $7,728.00
Step 2 $8,114.00
Step 3 $8,520.00
Step 4 $8,946.00
Step 5 $9,393.00
2) Effective December 28, 2014, (the beginning of the pay period containing January 1, 2015) the base monthly
salary of a Fire Captain shall be increased by 1.5% as follows:
Grade 31
Step 1
$7,844.00
Step 2
$8,236.00
Step 3
$8,648.00
Step 4
$9,080.00
Step 5
$9,534.00
3) Effective the beginning of the pay period containing July 1, 2015, the base monthly salary of a Fire Captain
shall be increased by 1.5% as follows:
Grade 31
Step 1 $7,962.00
Step 2 $8,360.00
Step 3 $8,778.00
Step 4 $9,216.00
Step 5 $9,677.00
Section 3: Fire Engineer
1) Effective December 28, 2014, (the beginning of the pay period containing January 1, 2015), the base monthly
salary of a Fire Engineer shall be:
Grade 28
Step 1 $6,675.00
Step 2 $7,009.00
Step 3 $7,360.00
Step 4 $7,728.00
Step 5 $8,114.00
2) Effective December 28, 2014 (the beginning of the pay period containing January 1, 2015), the base monthly
salary of a Fire Engineer shall be increased by 1.5% as follows:
Grade 28
Step 1 $6,775.00
Step 2 $7,114.00
Step 3 $7,470.00
Step 4 $7,844.00
Step 5 $8,236.00
3) Effective the beginning of the pay period containing July 1, 2015, the base monthly salary of a Fire Engineer
shall be increased by 1.5% as follows:
Grade 28
Step 1 $6,877.00
Step 2 $7,221.00
Step 3 $7,582.00
Step 4 $7,962.00
Step 5 $8,360.00
12
Section 4: Firefiehter/Paramedic Coordinator
1) Effective December 28, 2014, (the beginning of the pay period containing January 1, 2015), the base monthly
salary of a Firefighter/Paramedic Coordinator shall be:
Grade 29
Step 1 $7,009.00
Step 2 $7,360.00
Step 3 $7,728.00
Step $8,114.00
Step 5 $8,520.00
2) Effective December 28, 2014 (the beginning of the pay period containing January 1, 2015), the base monthly
salary of a Firefighter/Paramedic Coordinator shall be increased by 1.5% as follows:
Grade 29
Step 1
$7,114.00
Step 2
$7,470.00
Step 3
$7,844.00
Step 4
$8,236.00
Step 5
$8,648.00
3) Effective the beginning of the pay period containing July 1, 2015, the base monthly salary of a
Firefighter/Paramedic Coordinator shall be increased by 1.5% as follows:
Grade 29
Step 1 $7,221.00
Step 2 $7,582.00
Step 3 $7,962.00
Step 4 $8,360.00
Step 5 $8,778.00
Section 5: Firefiehter Paramedic
1) Effective December 28, 2014, (the beginning of the pay period containing January 1, 2015), the base monthly
salary of a Firefighter Paramedic shall be:
Grade 28
Step 1 $6,675.00
Step 2 $7,009.00
Step 3 $7,360.00
Step 4 $7,728.00
Step 5 $8,114.00
13
2) Effective December 28, 2014 (the beginning of the pay period containing January 1, 2015), the base monthly
salary of a Firefighter Paramedic shall be increased by 1.5% as follows:
Grade 28
Step 1 $6,775.00
Step 2 $7,114.00
Step 3 $7,470.00
Step 4 $7,844.00
Step 5 $8,236.00
3) Effective the beginning of the pay period containing July 1, 2015, the base monthly salary of a Firefighter
Paramedic shall be increased by 1.5% as follows:
Grade 28
Step 1 $6,877.00
Step 2 $7,221.00
Step 3 $7,582.00
Step 4 $7,962.00
Step 5 $8,360.00
Section 6: Firefighter
1) Effective December 28, 2014, (the beginning of the pay period containing January 1, 2015), the base monthly
salary of a Firefighter shall be:
Grade 25
Step 1 $5,766.00
Step 2 $6,055.00
Step 3 $6,358.00
Step 4 $6,675.00
Step 5 $7,009.00
2) Effective December 28, 2014 (the beginning of the pay period containing January 1, 2015), the base monthly
salary of a Firefighter shall be increased by 1.5% as follows:
Grade 25
Step 1 $5,852.00
Step 2 $6,146.00
Step 3 $6,453.00
Step 4 $6,775.00
Step 5 $7,114.00
14
3) Effective the beginning of the pay period containing July 1, 2015, the base monthly salary of a Firefighter shall
be increased by 1.5% as follows:
Grade 25
Step 1 $5,940.00
Step 2 $6,238.00
Step 3 $6,550.00
Step 4 $6,877.00
Step 5 $7,221.00
Section 7: Merit Increase
Effective the beginning of the pay period containing July 1, 2015, employees who in accordance with the City's
Performance Evaluation Policy and approved by the Fire Chief have attained one year of satisfactory service as
of their immediately preceding anniversary date shall receive a 5% merit step increase for the period of July 1,
2015 through June 30, 2016.
• Firefighter/Administrative Firefighter: After six (6) months of satisfactory service, an employee
appointed at Step 1 shall be eligible to receive a salary step increase to Step 2 of the prescribed
schedule. Each year thereafter the employee shall be eligible to progress to the next highest
salary step of the prescribed schedule. An employee originally appointed to a step other than
Step 1 shall be eligible to receive a step increase one year after his/her appointment and each
year thereafter.
• All other classes: Each year of satisfactory service an employee shall be eligible to progress to the next
highest salary step of the prescribed schedule.
Promotions or salary increases to higher grades are merit steps only and shall be available to employees as
recognition for satisfactory services after one (1) year in service at present grade. The promotion or salary
increase to said grade shall remain the sole discretion of the City Council.
Section 8: Salary Adiustment Increase
In the event there is a salary inequity between ranks or between employees within the Department, the Fire Chief
with approval of the City Administrator may incorporate a service adjustment increase up to ten percent (10%)
per month of their base salary.
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Section 9: Bilingual Pay
A unit employee may be compensated for bilingual skills after the employee demonstrates proficiency in
speaking a foreign language, which proficiency would be determined by successful completion of the Cal State
Fullerton or other designated foreign language proficiency test designated by the 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.
Said payment shall not be considered to be part of the employee's base salary when computing incentive pay.
Section 10: Education Incentive Pav
• A unit employee who has completed his initial hire probationary period and who holds a fire science
certificate or has completed course equivalent thereto (i.e., 30 units of fire science related courses) shall
receive an additional three percent (3%) per month of their base salary after satisfactory completion of
their evaluation period.
• A unit employee who holds an AA or AS Degree in Fire Science or Fire Technology with completion of
five (5) years of uninterrupted service with the Fire Department shall receive an additional three percent
(3%) per month of their base salary or;
• A unit employee who holds a BA or BS Degree in Fire Science or Fire Technology or closely related field
with completion of five (5) years of uninterrupted service with the Fire Department shall receive an
additional three percent (3%) per month of base salary or;
• A unit employee who holds a Fire Officer Certificate with completion of five (5) years of uninterrupted
service with the Fire Department shall receive an additional three percent (3%) per month of base salary.
• Education incentive pay is cumulative for a maximum of 6%.
Section 11: Hazardous Materials Specialist Pay
Effective December 28, 2014 (the pay period containing January 1, 2015), a unit employee certified as a
Hazardous Materials Specialist shall receive special compensation of one hundred and seventy-eight dollars and
twenty one cents ($178.21) per month above their base pay. The City shall, as expeditiously as possible, send
each unit employee to all training necessary to achieve accreditation as a Hazardous Materials Specialist. Said
payment shall not be considered to be part of the employee's base salary when computing incentive pay.
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Section 12: Urban Search and Rescue (USAR) Pay
Effective December 28, 2014 (the pay period containing January 1, 2015), a unit employee certified as a USAR
Specialist shall receive special compensation of one hundred and seventy-eight dollars and twenty one
cents($178.21.00) per month above their base pay. The City shall, as expeditiously as possible, send each unit
employee to all training necessary to achieve accreditation as a USAR Specialist. Said payment shall not be
considered to be part of the employee's base salary when computing incentive pay.
Section 13: Physical Fitness/Wellness Program
This program is mandatory for all fire safety personnel. Any individual who after one (1) year of participation has
completed a pre-program fitness evaluation, minimum participation requirements, bi-annual fitness evaluations
and verification of participation by the Battalion Chief will receive two hundred fifty dollars ($250.00) The
Physical Fitness/Wellness program is attached hereto as Attachment "A", and incorporated herein.
Section 14: Computation of Pav
A. 40-hour personnel
Unit -employees assigned to a 40-hour work week shall be paid on an hourly basis. The hourly rate shall
be the product of dividing the monthly salary by 173.3. Upon being assigned to a 40-hour schedule an
employee's accrued leave shall be reduced by a factor of 1.4 and paid to the employee upon use or
separation at the employee's 40-hour regular rate of pay. Upon being reassigned to a 56-hour schedule, all
such accrued leave shall be increased by a factor of 1.4.
B. 56-hour platoon personnel
All Fire Department employees assigned to a fifty-six (56) hour week would be paid a widely fluctuating
amount each pay period if they were paid for hours actually worked; therefore, such employees shall be
paid for the average number of hours in a two (2) week period, one hundred and twelve (112) hours.
Exceptions for leave without pay hours shall be reported and deducted from the average when pay is
computed. The "Exception Report" shall be in a form approved by the City Administrator.
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ARTICLE FOUR
LONGEVITY
Section 1: Employees Hired On or Before June 30,1994
Upon attaining 5 years of service with the City of Vernon .............................. 5% above base pay
Upon attaining 10 years of service with the City of Vernon . ........................ 10% above base pay
Upon attaining 15 years of service with the City of Vernon ..........................15% above base pay
Upon attaining 20 years of service with the City of Vernon ..........................20% above base pay
A Captain upon attaining 30 years of service with the City of Vernon ........ .. 25% above base pay
Section 2: Employees Hired After June 30,1994 and on or before December 31, 2013
Upon attaining 5 years of service with the City of Vernon .............................. 5% above base pay
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ARTICLE FIVE
OVERTIME
Section 1: Overtime Authorization
All overtime requests must have prior written authorization of a supervisor prior to the commencement of such
overtime work. Where prior written authorization is not feasible, explicit verbal authorization must be obtained.
Dispatched calls extending beyond the end of duty time are considered as authorized.
A. Policy
It shall be the policy of the Vernon Fire Department to honor personnel requests for time off when
possible, and distribute overtime opportunities in a fair and equitable manner to all members. It shall
be the Departmenfs priority to maintain essential staffing levels when arranging coverage.
B. Order of Filling Vacancies
Overtime vacancies will be filled by those who have signed up for overtime availability for that day
and/or who have been determined by the Fire Chief pursuant to section 2c below to be qualified to fill
the vacancy. The individual in the same rank with the least overtime worked that calendar year will
have the first opportunity to work the overtime vacancy.
In the event the vacancy is unfilled, the same process will be used for those personnel who have signed
up as available to work overtime that day who are qualified to act in the rank in which the vacancy
exists. If that list is also exhausted and the vacancy is not filled, the person that is not presently
working and that is of the same rank as the vacancy with the least mandated overtime worked that
calendar year shall be mandated to work the overtime shift.
Section 2: Stat'fine
Overtime vacancies will be filled as necessary to meet deployment needs.
A. Sick Time back fill will be at the discretion of the Fire Chief unless and until staffing falls below 19 (18 VFA
members and 1 VFMA member)
B. Actors can be utilized for purposes of sick time back fill. If there are no qualified actors for sick time back
fill, it will be back filled with overtime once staffing falls below 19 (18 VIA members and 1 VFMA
member). Actors is defined as "an employee who is temporarily assigned to work out of classification".
C. The Fire Chief and the Vernon Fire Association shall jointly conduct a survey of the twelve comparable cities
in the survey market on industry standards used to qualify employees for temporary acting positions in other
classifications/ranks (Actors).
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D. In lieu holiday leave and Kin care leave will be treated as sick time for purposes of staffing and overtime.
E. IOD/Light Duty will be managed as vacation time and backfilled as vacation time for purposes of staffing.
Non-IOD/Light Duty will not be managed as vacation time and will be managed at the discretion of the Fire
Chief until staffing falls below 19 (18 VFA members and 1 VFMA member)
F. Back fill will not be required for training drills occurring at locations that are 25 or fewer miles from Vernon
City Hall or are scheduled to last 12 or fewer hours in duration. Back fill will be required only for drills
occurring at distances farther than 25 miles from Vernon City Hall or lasting more than 12 hours when
staffing levels fall below 19 (18 VFA members and 1 VMA member).
G. If a strike team or deployment causes the staffing to drop below 19 (18 VFA and 1 VFMA member), then
backfill will be utilized to return staffing to minimum level of 19 (18 VFA and 1 VMA member).
H. Any vacancy that is the result of an employee using vacation leave and causes the staffing to drop below 22
(21 VFA and 1 VFMA) shall be filled.
Section 3: Leave Inclusions
In determining an employee's eligibility for overtime compensation in a 24-day work period, the following paid
leaves of absence will be included in the total number of hours worked for the purposes of calculating overtime.
Paid leaves of absence include:
1. Vacation
2. Holiday Leave / In -Lieu Leave
3. Administrative Leave
4. Compensatory Leave
5. Workers' Compensation Leave (4850 time)
6. Jury Duty
7. Bereavement Leave
Military Leave
9. Association Leave Time
Section 4: Training and Recertification Time
Training and/or recertification time that is required by the then current job description on file with the Human
Resources Department or approved in advance by the Fire Chief is compensable.
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Section 5: Call Backs
Call Back duty occurs when an employee is ordered to return to duty on a non -regularly scheduled work shift.
Call Back does not occur when an employee is held over from his/her prior shift or is working prior to his/her
regularly scheduled shift.
An employee called back to duty shall be credited with a minimum of four hours work. Any hours worked in
excess of four hours shall be credited on an hour -for -hour basis (at time and one-half compensation) for actual
time worked.
If the employee is ordered to return to work immediately, his work time shall be credited commencing
immediately after the employee has been directly contacted by the employer.
Section 6: Jury Duty
A. All regular full-time employees summoned to serve on jury duty shall be provided "Jury Duty Pay" and
there shall be no loss of compensation. An employee will be compensated up to two weeks at full pay for
jury duty. The employee must provide notice of the expected jury duty to his or her supervisor as soon as
possible, but in no case later than 14 calendar days before the expected start date of the jury duty.
B. An employee on call for jury duty is expected to report to work. An employee who is called in for jury
duty will be required to return to work as soon as they are released from jury duty. All employees shall
obtain verification of the hours of jury duty performed using verification forms as may be supplied by the
court.
C. Except as herein provided, employees shall remit to the City any compensation received from the Court
for those days while on jury duty and shall receive regular pay for the time served. Employees shall be
reimbursed by the City for the mileage portion of the jury duty compensation. Jury duty performed on an
employee's regular day off shall not be compensated by the city and the employee shall be entitled only
to the court's compensation for duty performed on such employee's regular day off.
D. If an employee is required to serve on a jury for a period longer than two weeks, the employee shall be
entitled, at the employees' option, to use any accrued leave time, other than sick time, during the period
of extended jury service. The employee shall continue to receive all paid benefits, and shall continue to
accrue eligible leave benefits.
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Section 7: Non-Compensable
A. City Vehicle Use —Unit employees who are provided with a City vehicle to travel to and from work
shall not be compensated in any manner whatsoever for travel time to and from work:
B. Clothes/Uniform Changing Time —Unit employees are not authorized to wear their uniforms or any
part thereof that is distinguishable as such unless on duty. Each employee is provided with a locker for
his/her personal convenience. Any employee may or may not utilize the locker for storage and
changing purposes at his/her own discretion.
Nothing herein prevents an employee from wearing his/her uniform to and/or from his/her residence
to work as long as the badge and insignia are covered in a non -unit issue garment such as a
windbreaker.
Time spent in changing clothes before or after shift, is not considered hours worked and is not
compensable in any manner whatsoever.
An employee shall be allowed to make off duty presentations without compensation in uniform upon
the approval of a chief officer.
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ARTICLE SIX
UNIFORM ALLOWANCE AND BULLETIN BOARDS
Section 1: Uniform Allowance
On the first pay check in August each year, each unit employee shall be paid the sum of Seven Hundred and
Twenty -Five Dollars ($725.00) for the purchase of uniforms. A unit employee hired by the City shall receive an
initial issue of uniforms. Uniform allowance is special compensation that shall be deemed earned when paid and
shall be reported to CaIPERS as compensation earnable.
The City shall provide all unit employees all required safety equipment, including, but not limited to, work boots.
Section 2: Bulletin Boards
The City shall provide a bulletin board for use by the VFA at each fire station, provided that any documents
posted shall be in good taste and shall not reflect adversely upon the City or its employees.
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ARTICLE SEVEN
BENEFITS
Section 1: Public Employee Retirement System ("PERS")
The City shall maintain its contract with the California Employees Public Retirement System (PERS) that
provides VFA unit employees with the three percent (3%) at 50 safety retirement benefit plan.
As a result of the passage of AB 340 Public Employee Pension Reform (PEPRA), new CalPERS
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.
Unit employees hired before July 1, 2014 shall be responsible for paying their PERS nine percent (9%)
employee's contribution.
Unit employees hired on or after July 1, 2014 shall be responsible for paying their PERS employee's contribution.
Section 2: Supplemental PERS Retirement Benefits
The City agrees to provide additional supplemental retirement benefits to VFA unit employees under PERS as
follows:
• Gov't Code Section: 20042 — One Year Final Compensation:
Final compensation is the average full-time monthly pay rate for the highest twelve (12) consecutive
months.
• Gov't Code Section: 20124 - Military Service Credit as Public Service: Employees may
elect to purchase up to four (4) years of service credit.
• Gov't Code Section: 21574 — 4th Level of 1959 Survivor Benefits:
• Gov't Code Section: 21624 & 21626 & 21628 - Post Retirement Survivor Allowance: Provides surviving
spouse fifty percent (50%) of the amount of retirement allowance, dependent on option choices, that is
effect at the time of death of retiree.
• Pre -Retirement Option 2W Death Benefit 21548
• Gov't Code Section: 20965-Credit for Unused Sick Leave
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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 of 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 unit employees enrolled in either the HMO or PPO (non-HSA) medical plans, the City shall pay up to
$1,100 per month towards the cost of the plan for employees and eligible dependents.. The cost of any
plan selected by the employee that exceeds $1,100 shall be paid by the employee through a pre-tax
deduction.
B. For unit employees enrolled.in the HSA PPO plan, the City shall pay up to $850 per month towards 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 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
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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 life insurance plan to employees. The City shall pay 100% of the cost of such plan for employees.
The City's agreement to pay full or partial costs of said premiums shall not create or ripen into a vested right for said
employee; however, the City shall be obligated to pay the cost or provide said medical, dental, vision, and life
insurance benefits as described so long as this MOU remains in effect.
Section 8: Retiree Medical
Employees must retire from the City of Vernon under a Ca1PERS Benefit Formula (i.e. Age 50 or 57
Formula) to be eligible for Retiree Medical/Dental Benefits. The City shall pay up to $1,100 per month
towards the employee's HMO medical and dental insurance premium for the employee and his/her
eligible spouse in the classifications represented by the Vernon Firemen's Association who have been
employed for a minimum of twenty (20) years of continuous service with the City of Vernon. The
maximum $1,100 City contribution shall be applied only toward a city provided HMO medical and
dental premium plan payment and shall have no cash surrender value.
The City's contribution toward the Retiree HMO Medical/Dental Benefit Plan shall continue for said
retired employee and eligible spouse up to the age of sixty-five (65). Upon reaching the age of sixty-five
(65), the retiree and/or eligible spouse shall apply for Medicare coverage, whereupon the City's
insurance shall become supplemental coverage. The City shall pay up to 100% of the cost to provide
any Medicare supplemental medical and dental insurance plan offered by the City of Vernon, not to
exceed $1,100 per month. The City will not be the primary insurance carrier once the retiree and/or
employee reaches the age of sixty-five (65). If the retiree or eligible spouse fails to timely obtain and
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maintain Medicare coverage, the City shall not be required to provide any medical/dental benefits until
such Medicare coverage is obtained and maintained. The maximum $1,100 City contribution shall be
applied only towards a City sponsored Medicare supplemental medical and dental premium plan
payment and shall have no cash surrender value.
All retired employees with a minimum of ten (10) years of continuous uninterrupted service with the
City may pay the City's premium cost for medical and dental insurance up to the age of sixty-five (65)
after which time Medicare will become the primary insurance carrier. The retired employee may
remain on the City's supplemental insurance to Medicare at his/her cost provided the retiree has timely
obtained and maintains Medicare coverage.
Should the retired employee fail to pay his/her required cost of the insurance premium for the City's
medical/dental benefit plan for any three (3) consecutive months or, should the coverage otherwise lapse for any
reason other than City's non-payment, then the City's obligation to maintain the retiree's medicaUdental benefit
plan shall automatically terminate without the need for further notice.
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Section 9: Vacation Time
A. Annual Accrual For 56-Hour Personnel
• 9 years or less: 13 shifts (12 hours per pay period)
• 10 - 24 years: 15 shits (13.85 hours per pay period)
• 25 or more: 16 shifts (14.77 hours per pay period)
B. Annual Accrual for 40 Hour Personnel
• 9 years or less: 120 hours (4.62 hours per pay period)
• 10-24 years: 160 hours (6.16 hours per pay period)
• 25 or more: 170 hours (6.54 hours per pay period)
C. Policy
A Maximum of 9 platoon personnel per shift shall be permitted off on vacation leave consisting of the
following:
• Captains - maximum of 2 off per shift.
• Engineers - maximum of 3 off per shift
• Paramedics- maximum of 2 off per shift.
• Firefighters- maximum of 2 off per shift or a maximum of 3 when used in combination with
other ranks.
D. Carry Over of Vacation Leave
Employees are permitted to carry-over one year's annual accrual from calendar year to calendar year. At
the end of every calendar year, employees who have accrued vacation hours in excess of their permitted
carry-over shall be paid their regular rate of pay of all such excess hours.
Vacation Leave Conversion:
At the time an employee is transferred to the administrative work schedule, his or her vacation leave balance shall
be converted from the suppression work schedule rate to the administrative work schedule rate by dividing the
accrued balances by 2.4 (example: 90 hours of suppression vacation time + 2.4 = 37.50 hours of administrative
vacation time). Said converted balances shall be available for employee's use while assigned to the
administrative work schedule in accordance with applicable policies.
At the time an employee is returned to the suppression work schedule, his or her vacation leave balance shall be
converted back to suppression hours by multiplying the hours by 2.4 (example: 37.50 hours of administrative
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vacation time X 2.4 = 90 hours of suppression vacation time). Said converted balances shall be available for
employee's use while assigned to the suppression work schedule in accordance with applicable policies.
Should an employee separate during the time of their administrative assignment, the accrued balance shall be
converted back to suppression hours by multiplying the administrative hours by 2.4 and paid out at the
suppression hourly rate. (example: 37.50 hours of administrative vacation time X 2.4 = 90 hours of suppression
vacation time).
Section 10: "In Lieu" Holidays
Unit employees shall be credited with three (3) 24-hour holiday "in lieu" shifts (72 hours total) per year. "In lieu"
holidays will be credited to each employee on each July 1 in which he/she is on the active payroll of the
Department in a classification represented by the VFA and must be taken prior to the immediately following July
1.
"In lieu" holidays may be taken on dates desired by the employee subject to the needs of the Vernon Fire
Department.
Any accrued, unused hours shall be paid at the employee's regular rate of pay, computed in accordance with the
applicable Salary Resolution of Vernon, in the pay period inclusive of June 30s', or upon separation from
employment.
If the City Council, during the fiscal year, provides one or more additional holidays to the miscellaneous
employees, that shall not affect the number of "in lieu" holidays for the employees represented by the VFA.
In -Lieu Holiday Time - Conversion
At the time an employee is transferred to the administrative work schedule, his or her balance of In -Lieu Time
shall be suspended and unavailable for use or cash out.
While an employee is assigned to the administrative work schedule (40-hour work week):
1) His or her In -Lieu Holiday Time balance shall remain unavailable for use or cash out until such time as
he or she returns to the suppression work schedule (56-hour work week).
2) He or she shall not receive In -Lieu Holiday Time
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3) He or she shall be entitled to the City's holiday pay for each holiday he or she is regularly scheduled to
work as authorized by the City Council.
At the time an employee is returned to the suppression work schedule, his or her suspended In -Lieu Holiday Time
shall be reinstated for use or cash out in accordance with the memorandum of understanding.
An employee who quits or is terminated shall not be entitled to any compensation for "in lieu" holidays not taken
unless previously denied.
Section 11: Sick Leave
Unit employees only receive sick leave accrual while they are in a paid status.
A. Platoon personnel accrue sick time at the rate of 5.54 hours per pay period (144 hours annually). Upon
reaching the cap of 1440, the employee will continue to accrue sick leave provided, however, in the
final pay period in December each year all accrued sick leave in excess of 1440 hours shall be cashed
in at fifty percent (50%) of the employee's regular rate of pay.
B. Forty -hour (40-hour) personnel accrue sick time at a rate of 3.96 hours per pay period (103 hours
annually). Upon reaching the cap of 1029, the employee will continue to accrue sick leave provided,
however, in the final pay period in December each year all accrued sick leave in excess of 1029 hours
shall be cashed in at fifty percent (50%) of the employee's regular rate of pay.
C. If an employee resigns from the City with 20 years or more of continuous service, he/she will be
compensated for all unused sick leave hours in his/her sick leave bank at the time of separation at 50%
of his/her then current regular hourly rate of pay.
D. If an employee retires from the City with at least 15 and less than 20 years of continuous service, he/she
will be compensated for all unused sick leave hours in his/her sick leave bank at the time of separation at
50% of his/her then current regular hourly rate of pay.
E. If an employee retires from the City with 20 or more years of continuous service, he/she will be
compensated for all unused sick leave hours in his/her sick leave bank at the time of separation at 100%
of his/her then current regular hourly rate of pay.
F. An employee who is absent on sick leave for more than one (1) consecutive shift will be required by his
or her supervisor to provide a physician (or Chiropractic/Physician Assistant) note in order to be paid for
the sick leave.
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Sick Leave Conversion
At the time an employee is transferred to the administrative work schedule, his or her sick leave balance shall be
converted from the suppression work schedule rate to the administrative work schedule rate by dividing the
accrued balance by 1.4 (example: 112 hours of suppression sick leave =1.4 = 80 hours of administrative sick
time). Said converted balances shall be available for employee's use while assigned to the administrative work
schedule in accordance with applicable policies.
At the time an employee is returned to the suppression work schedule, his or her sick leave balance shall be
converted back to suppression hours by multiplying the hours by 1.4 (example: 80 hours of administrative sick
time X 1.4 = 112 hours of suppression vacation time). Said converted balances shall be available for employee's
use while assigned to the suppression work schedule in accordance with applicable policies.
Should an employee separate during the time of their administrative assignment, the accrued balance shall be
converted back to suppression hours by multiplying the administrative hours by 1.4 and paid out at the
suppression hourly rate. (example: 80 hours of administrative sick time X 1.4 = 112 hours of suppression sick
time).
Section 12: Bereavement Leave
When an employee is compelled to be absent from duty by reason of death or critical illness (where death
appears imminent) of a member of the employee's immediate family (father, mother, brother, sister, spouse,
domestic partner, children, mother-in-law, father-in-law, grandmother, grandfather, grandmother -in-law,
grandfather -in-law, grandchildren), such person will be permitted, subject to the Fire Chiefs approval, to a
leave of absence with pay of up to forty-eight (48) hours over two shifts, which need not be consecutive. An
employee shall not be granted paid Bereavement Leave for more than 48 hours in any six-month period for the
same family member.
Employees will be allowed to utilize their vacation time, any compensatory time, or any "in lieu" holiday time
that is due to the employee, in order to lengthen such bereavement time.
The employee shall furnish satisfactory evidence of such death or critical illness to the Fire Chief, if requested.
Section 13: Deferred Compensation
The City shall continue to administer the existing 457 deferred compensation program for all unit employees.
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Section 14: Education Reimbursement
The educational reimbursement program is a financial assistance program that offers reimbursements for tuition,
fees and books up to a maximum of $2,200 per fiscal year. The fiscal year is July 1 through June 30. Employees
are eligible for this assistance after 12 months of uninterrupted employment with the City of Vernon.
A grade of "C" or better (or "pass" if on a pass/fail basis) is required for reimbursement. A request for
reimbursement must be made within 60 days of receipt of grades and should include the following: a copy of the
final grade report, a copy of expenses for tuition, fees, and books; and a completed and signed tuition
reimbursement form.
Section 15: Other City Employee Programs
VFA unit employees are eligible to participate in all City -sponsored programs passed by City Council
Resolutions that are intended to benefit all employees in the areas of, but are not limited to, the following:
• Buyback of military leave for PERS retirement time — Gov't Code 21024
• Computer loan purchase plan — Resolution-2011-67
• Life insurance
• Corrective eye surgery plan — Resolution 2011-65
• Hearing aid device plan — Resolution 2011-66
• Family Medical Leave Act (FMLA)
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ARTICLE EIGHT
WORK SCHEDULE
Section 1: FLSA Work Period
The FLSA work period for unit employees assigned to a daily work schedule of twenty four (24) hours shall be a
fixed and regularly recurring work period of twenty-four consecutive days (576 hours).
Section 2: Work Schedules
A. Platoon Personnel
Unit employees assigned to a 56-hour work week shall work a 48/96 work schedule that consists of two
consecutive 24-hour shifts followed by 96 consecutive hours off, on a rotating three platoon basis (A, B &
C Platoon). Employees that work such schedule average 56 hours a week and 112 hours per pay period.
Unit employees assigned to work a 48/96 schedule shall begin work at 0700 hours and terminate at 0700
hours following two 24-hour periods.
B. 40-Hour Personnel
Unit employees assigned to work a 40-hour work week shall be assigned to a 4/10 schedule that consists of
four (4) consecutive work days of ten (10) consecutive work hours each, inclusive of paid breaks and an unpaid
30-minute meal period, followed three consecutive days off, each week. Unit employees on such schedule shall
be assigned to work Monday through Thursday from 0600 to 1630 hours, unless an alternate schedule is
approved in writing by the Fire Chief and VFA.
Section 3: 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
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individual actually doing the work. "paybacks" of shift trade are the obligation of the two employees involved in
the trade. Pay -backs are to be completed within one (1) calendar year of the date of the initial shift trade.
Any dispute as to the paybacks is to be resolved by the involved employees, and under no circumstances will the
department be obligated for any further compensation whatsoever to any of the involved employees. The
department is not responsible in any manner for hours owed to employees by other employees that leave the
employment of the City or are assigned other duties. A record of all initial shift trades and "paybacks" shall be
maintained by the involved employees on forms or computers provided by the Department.
Section 4: 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.
CIO
M11710[yMBea 10N
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 — Battalion Chief
Within eight (8) 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 Battalion Chief 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 Battalion Chief, the supervisor shall make a decision and
present his/her decision, in writing, to the Association and employee(s) within ten (10) days.
Step Two - Department Head
If the Association or employee(s) is not satisfied with the decision of the immediate supervisor, or if the
immediate supervisor does not provide a decision within the 10-day timeframe, the grievant(s) shall present the
grievance, in writing, to the Fire Chief within five (5) days of the decision of the immediate supervisor, or five
(5) days from the date the response was otherwise due. 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 ten (10) days, the Fire Chief,
or the designee of the Fire Chief, shall meet with the Association and employee(s) to hear the grievance. Within
five (5) days of hearing the grievance, the Fire Chief or designee shall present his/her decision, in writing, to the
Association and employee(s), with copies to the Human Resource Director and the City Administrator.
Step Three - City Administrator/Advisory Arbitration
If the Association or employee(s) is not satisfied with the result of the meeting with the Fire Chief, within five (5)
days the grievant may request the matter be heard by the City Administrator or designee, or the Association may
choose to have the matter heard by an impartial hearing officer (arbitrator).
Should the matter be submitted directly to the City Administrator or designee, he/she shall meet with the
Association and/or employee(s) within ten (10) days of receipt of the grievants written notice. If the Association
and/or employee(s) elects to have the matter heard by the City Administrator or designee, the Association and/or
employee(s) waives the right to have the matter heard by an arbitrator. Within five (5) 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.
35
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 the Association elects arbitration, the City shall request a list of five (5) arbitrators registered with the
American Arbitration Association, California State Conciliation Service or some other mutually agreed upon
source within ten (10) days of the Association's request. 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 Title 9, Part 3, of the Code of Civil Procedure of
the State of California.
Within ten (10) days of receipt of the arbitrator's recommendation, the City Administrator shall provide his/her
decision, in writing, to the Association and employee(s). The recommendation of an arbitrator shall be advisory
to the City Administrator or designee. The decision of the City Administrator shall be final and binding, subject
to the option of the employee to bring a 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.
36
ARTICLE TEN
DISCIPLINE
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.
2. The following procedures shall be followed when, in the judgment of the Department Director, an
employee has committed an act or omission that justifies discipline. The Department Director or his/her
designee shall advise employees of contemplated disciplinary actions in writing and allow the employee
an opportunity to respond to such charges prior to taking final action.
a. Disciplinary actions should be documented in the employee's official personnel file.
Performance deficiencies documented in the employee's performance evaluation as "does not
meet standards" may be the basis for disciplinary action if the employee fails to correct those
performance deficiencies within the time period designated by his/her supervisor. To the'extent
possible, performance deficiencies or other causes for discipline will be documented in the
employee's personnel file.
b. Upon the City receiving authorization from the employee, the City will provide the Association
with all written notices of discipline given to employees represented by Association. The written
notice of discipline will also inform the employee that he/she has the right to consult with the
Association with regard to the disciplinary action being taken.
C. Nothing in this article shall preclude the Fire Chief or his/her designee from ordering an
employee to cooperate with other agencies involved in criminal investigations. If an employee
fails to comply with such an order, the employee may be officially charged with insubordination.
B. PRE -DISCIPLINARY PROCEDURES
Prior to the discipline of any permanent employee, the following procedures shall be followed. This process shall
not be applicable to performance evaluations or verbal counseling/reprimands.
Written Notice of Proposed Action
Written notice of the proposed disciplinary action shall be given to the employee. Such notice shall include the
proposed effective date of the discipline, a statement of the reason(s) for the proposed action, including the rule
or standard of conduct allegedly violated, the proposed discipline and the charge(s) being considered.
Employee Review
The employee shall be supplied with a copy of the documents or materials upon which the proposed disciplinary
action is based.
37
Employee Resvonse/Pre-Disciplinary Conference
The notice of proposed action shall state the date by which the employee must exercise the right to respond
orally, in writing or both orally and in writing. This represents the pre -disciplinary opportunity for the employee
to state any reasons that he/she believes the proposed action to be inappropriate. The employee shall have a
reasonable amount of time to respond, which shall not be fewer than five (5) 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.
Emereencies
When, in the opinion of the City, immediate disciplinary action is required to protect the health, safety or welfare
of the public, other employees or the employee himself, the employee may be suspended with pay pending the
processing of the notices required in Section B of this article, and pending the completion of such investigations
or hearings as may be required to determine if disciplinary action is to be taken.
C. DISCIPLINARY APPEAL PROCEDURES
The appeal process shall not be applicable to probationary employees. The appeal process shall not be applicable
to performance evaluations, or verbal reprimands.
An employee desiring to appeal the discipline shall have ten (10) days after receipt of final notice of discipline.
The employee's request for appeal must be addressed to the City Administrator and received in the Human
Resources Department. The Human Resources Department shall date stamp the employee's appeal to verify the
timeliness of the appeal.
If, by the expiration of the (ten) 10 day appeal period, the employee does not file the appeal, unless good cause
for the failure is shown, the discipline shall be considered conclusive and the right of appeal to have been waived.
If the employee files a timely appeal, an appeal hearing shall be established as follows:
1. The employee and the City shall jointly request the State Office of Administrative Hearings to appoint
an Administrative Law Judge (ALJ) to hear the appeal and to render a decision advisory to the City
Administrator. The City and Association will share equally share (i.e. 50/50) the hearing -related
expenses such as ALJ fees and court reporter fees, but excluding attorney fees, expert witness(es) and
staff time.
2. All appeal proceedings arising under this procedure shall be governed by the provisions of Chapter 5
(commencing with Section 1.1500) of Part 1 of Division 3 of Title 2 of the California Government Code.
38
3. All time limits specified in the procedure may be waived by mutual written agreement.
4. At the conclusion of the hearing, the ALJ will submit his/her findings to the City and the employee.
Within ten (10) days of receiving the ALJ's findings, the City Administrator shall provide his/her
decision, in writing, to the employee. The City Administrator's decisions shall set forth which charges,
if any, are sustained and the reasons therefor. The opinion shall set forth findings of fact and
conclusions. The City Administrator's decision is final, subject to the option of the employee to bring a
proceeding pursuant to Code of Civil Procedure sections 1094.5 and 1094.6.
W9
ARTICLE TWELVE
MANAGEMENT RIGHTS
Except as limited by the specific and express terms of this Memorandum of Understanding, the City hereby
retains and reserves unto itself all rights, powers, authority, duties and responsibilities conferred on and vested in
it by the laws and the Constitution of the State of California and/or the United States of America; provided,
however, if the City's decision to exercise such rights, powers, authority, duties and responsibilities impacts the
wages, hours and other terns and conditions of employment of unit employees, the City shall be required to first
meet and confer on the impact and effect of such decision.
The City retains all its exclusive rights and authority under State and Federal law and expressly and exclusively
retains its management rights, which include, but are not limited to:
A. The exclusive right to determine the mission of its constituent departments, commissions, and
boards.
B. Set standards and levels of service.
C. Determine the procedures and standards of selection for employment and promotions.
D. Direct employees.
E. Establish and enforce dress and grooming standards.
F. Determine the methods and means to relieve its employees from duty for lawful reasons.
G. Maintain the efficiency of governmental operations.
H. Determine the methods, means and numbers and kinds of personnel by which government
operations are to be conducted.
I. Determine the content and intent of the job classifications.
J. Determine methods of financing.
K. Determine style and/or types of city -issued wearing apparel, equipment or technology to
be used.
L. Determine and/or change the facilities, methods, technology, means, organizational structure and
size and composition of the work force and allocate
40
and assign work by which the City operations are to be conducted.
M. Determine and change the number of locations, relocations and type of operations
processes and materials to be used in carrying out all city functions, including, but not limited to, the right
to contract for or subcontract any work or operations of the City.
N. Assign work to employees in accordance with requirements as determined by the City.
0. Establish and modify productivity and performance programs and standards.
P. For just cause only, discharge, suspend, demote, reprimand, withhold salary increases and benefits,
or otherwise discipline employees in accordance with applicable state law.
Q. Establish employee performance standards including, but not limited to, quality and quantity standards,
and to require compliance therewith.
R. Take all necessary actions to carry out its mission in emergencies.
S. Exercise complete control and discretion over its organization and the technology
of performing its work.
41
SIGNATURE PAGE
CITY OF VERNON VERN MEN' SOC
Mar . Whitworth DCan feichkis
City Administrator / "MERR" President
Aula 229el,&,�k
Teresa McAllister
Director of Human Resources
Kr' ten Eno oto
Deputy City Administrator
Alex Kunz
Economic Development Manager
APPROVED AS TO FORM:
Zayna o ssa, Deputy City Attorney
APPROVED AND ADOPTED BY CITY COUNCIL ON
RESOLUTION NO. 2014-73
ATTEST:
Ana BarciaWWutCity
Clerk
42
�4L_�v
Todd Hewett
Vice -President
�.
Bryan Dc1me
Secretary
J ian Flagler
reasurer
J"
Co ernandez
KPA Director
12/16/14
Dated: jsb5
TRANSMITTAL COMMUNICATION
6r, fil
OFFICE OF THE CITY CLERK
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
January 26, 2015
Vernon Firemen's Association
Attn: Dean Richens, President
4305 Santa Fe Avenue
Vernon, CA 90058
Re: Memorandum of Understanding — July 1, 2014 — June 30, 2016
Dear Mr. Richens:
Please find enclosed a copy of the fully executed Memorandum of Understanding approved by
City Council on December 16, 2014, through Resolution No. 2014-73.
If you have any questions regarding this matter, please call Mark Whitworth, at (323) 583-8811
ext. 398.
Very truly yours,
v
orah R.Juarez - vz�1-11
Records Management Assistant �.
Enclosure
c: William Fox
Teresa McAllister
Mark Whitworth
Resolution No. 2014-73
Agreement No. 14-105
Ecfusivefy Industriaf
STAFF REPORT
RECEIVED
DEC 1 1 2014 STAFF REPORT
CITY CLERK'S OFFICE CITY ADMINISTRATION
DATE: December 16, 2014
TO: Honorable Mayor and City Council
FROM: Mark C. Whitworth, City Administrator M Wl♦ 1%
RE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON
ADOPTING AN AMENDED AND RESTATED CITYWIDE FRINGE BENEFITS
AND SALARY RESOLUTION IN ACCORDANCE WITH GOVERNMENT
CODE SECTION 20636(B)(1) AND REPEALING ALL RESOLUTIONS IN
CONFLICT THEREWITH
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 FIREMEN'S
ASSOCIATION FOR THE PERIOD OF JULY 1, 2014 THROUGH JUNE 30, 2016
Recommendations
It is recommended that the City Council:
1) Find that approval of the resolution proposed in this staff report is exempt under the
California Environmental Quality Act (CEQA) in accordance with Section 15061(b)(3),
the general rule that CEQA only applies to projects that may have an effect on the
environment.
2) Adopt the attached resolution approving the Memorandum of Understanding by and
between the City of Vernon and the Vernon Firemen's Association ("VFA") for the
period of July 1, 2014 through June 30, 2017.
3) Adopt the attached resolution amending and restating the Citywide Fringe Benefits and
Salary Resolution, effective December 28, 2014, to reflect the following provisions:
a) Amend Exhibit A, Classification and Compensation Plan
b) Amend Section 11, Automobile Allowance
c) Add Section 21, Uniform Allowance
d) Delete the Risk Manager Classification
e) Implement the changes set forth in the 2014-2016 Memorandum of
Understanding between the City of Vernon and the Vernon Firemen's
Association.
Backeround
The City Council adopted the below resolutions approving several Memoranda of Understanding
("MOUs") setting forth certain terms and conditions for employment for classifications
represented by respective employee organizations. Included in the adoption of the MOUs is a
1.5% cost of living increase (excluding certain Y-rated employees) to take effect the pay period
containing January 1, 2015.
June 3, 2014
Resolution No. 2014-26
Vernon Police Management Association
July 15, 2014
Resolution No. 2014-45
IBEW Local 47
July 15, 2014
Resolution No. 2014-47
Vernon Fire Management Association
Sept. 16, 2014
Resolution No. 2014-57
Vernon Police Officers' Benefit Association
Oct. 21, 2014
Resolution No. 2014-66
Teamsters Local 911
In addition, presented concurrently for City Council's adoption during this meeting is a
resolution approving the MOU between the City and the Vernon Fireman's Association for the
period of July 1, 2014 through June 30, 2016.
The attached resolution is to amend Exhibit A of the Citywide Fringe Benefits and Salary
Resolution incorporating the agreed upon 1.5% cost of living increase made between the City
Council of the City of Vernon and the respective employee organizations effective December 28,
2014 (the beginning of the pay period containing January 1, 2015).
The attached resolution was originally brought to City Council and adopted at a special meeting
held on December 9, 2014. However, Government Code Section 20636(b)(1), requires all
compensation items be approved at a regular City Council meeting. In light of the finalized
Vernon Firemen's Association Memorandum of Understanding (MOU) staff has amended and
reintroduced the attached resolution for Council's consideration and to comply with the above
statute.
Confidential and Manaeement Employees
Employees in the classifications designated as "confidential and management" are not designated
for purposes of recognition and representation in collective bargaining, and are therefore not
subject to the provisions of the Meyers-Milias-Brown Act.
To ensure internal equity among classification relationships and ongoing maintenance of the
citywide Classification and Compensation Plan, City staff recommends City Council approval to
amend Exhibit A, of the Citywide Fringe Benefits and Salary Resolution to extend the 1.5% cost
of living increase to classifications designated as "confidential and management" effective
December 28, 2014.
In addition, as provided for in other employee groups it is recommended that the below
provisions apply to similarly situated employees designated as confidential or management:
• Incumbents in the classification of Administrative Secretary in the Police and Health
Departments shall be grandfathered into the classification's previously applied salary
E
schedule. All merit increases that become due shall be based on the grandfathered salary
schedule. Incumbents in the grandfathered salary schedule shall not be eligible for the
cost of living increase set forth above. The following steps are recommended to be added
to Grade C20:
o Gl - $5518.00 per month
o G2 - $5822.00 per month
o G3 - $6142.00 per month
Employees who are Y-rated at base salaries of 4% or less above the maximum
recommended grade and step plan effective as of July 1, 2014, shall be eligible to receive
the 1.5% cost of living increase set forth above.
Effective December 28, 2014, for employees in the Police Administrative Secretary and
Police Records Manager classifications, the City will provide an initial set of uniforms to
newly hired employees. Newly hired employees will receive: two (2) class A uniforms;
two (2) class B uniforms; two (2) polo shirts and one (1) jacket or sweater. On all
subsequent anniversary dates the City will provide an annual uniform purchase and
maintenance allowance of $600.00. The employee's uniforms shall meet the applicable
regulations for his/her job classification pursuant to City/Departmental policies.
The attached resolution also adds Section 21, Uniform Allowance, and amends Exhibit A of the
Citywide Fringe Benefits and Salary Resolution incorporating the above recommended
provisions.
Executive and Council Members
Effective April 20, 2014, City Council adopted the updated Citywide classification plan as a
result of the Citywide classification study. At that time, no changes were recommended to the
compensation portion of the study because the City was obligated to negotiate over salaries with
all bargaining units pursuant to the Meyers-Milias-Brown Act.
The City Council adopted Salary Plan Administration Policy II-3 on September 17, 2013. The
policy of the citywide salary plan is intended to attract, retain, and motivate highly qualified staff
that are necessary to enable the City of Vernon to discharge its obligations to the community
with regard to the quality and timeliness of services provided. Based on the desire of the City
Council to provide high quality services and leadership to the community and management to the
organization, the compensation policy should be postured to pay market average salary levels at
a minimum, with an ideal of paying employees at the 75th percentile of the applicable labor
market. To this end, the Human Resources staff shall make available to the City Administrator
for consideration in determining pay, the salary grade at the 75th percentile of the competitive
surveyed rates. The 75th percentile will be one of several internal and external factors that the
City will use to consider appropriate compensation.
On June P, July 15th, September 16th, and October 21s`, 2014, the City Council adopted
Resolution Nos. 2014-26, 2014-27, 2014-45, 2014-47, 2014-57 and 2014-66 respectively. The
resolutions approved new salary grades and step pay plans based upon the 75th percentile of the
comparable survey labor market for classifications designated in the Vernon Police Management
Association, Management and Confidential, IBEW Local 47, Vernon Fire Management
3
Association, Vernon Police Officers Benefit Association and Teamsters Local 911 respectively.
Employees were placed within their classification's new salary grade that was closest to their
current base salary (excluding certain employees represented by the Vernon Police Officers
Benefit Association).
At that time, there were no recommendations made to apply the similar structure of a new salary
grade and step pay plan based upon the 75th percentile of the comparable survey labor market to
executive classifications, as such recommendations were pending completion of all negotiations
with employee bargaining units. As of November 17, 2014, City staff has concluded labor
negotiations with all bargaining units. It is the appropriate time to recommend City Council
approval to amend Exhibit A of the Citywide Fringe Benefits and Salary Resolution reflecting
the new salary grade plan with a minimum and maximum pay scale for executive classifications
effective December 28, 2014. The proposed salary grades are based upon the Citywide
classification and compensation study at the 75u' percentile range of the surveyed labor market.
In addition, to ensure internal equity among classification relationships and to avoid compaction
among classifications going forward, staff also recommends City Council's approval to amend
Exhibit A, of the Citywide Fringe Benefits and Salary Resolution to apply the 1.5% cost of living
increase to executive classifications effective December 28, 2014.
The following table provides the compensation study results at the 75a' percentile, the proposed
salary range consistent with the City's grade and step pay plan, and the recommended salaries
(highlighted in yellow) for executive classifications.
Current
75th Survey
75th
Proposed
Proposed
Proposed
1.5%COLA
1.5%COLA
Salary
Min
Survey
Grade
Min Salary
Max
Min
Max
Max
- 75th
Salary -
75th
City
$22,250.00
$19,634.00
$23,492.00
50
$19,527.00
$23,736.00
$19,820.00
$24,092.00
Administrator
Director of
$21,832.99
$16,510.00
$22,684.00
48
$17,712.00
$21,529.00
$17,978.00
$21,852.00
Gas & Electric
City Attorney
$20,500.00
$17,880.00
$19,501.00
47
$16,868.00
$21,000.00
$17,121.00
$21,000.00
$20,808.00
Police Chief
*
$17,495.22
$16,176.00
$19,063.00
46
$16,065.00
$19,527.00
$16,306.00
$19,820.00
Director of
$18,344.00
$15,770.00
$19,344.00
46
$16,065.00
$19,527.00
$16,306.00
$19,820.00
PW, Water &
Dev. Services
Fire Chief
**
$17,097.00
$14,997.00
$18,867.00
45
$15,300.00
$18,597.00
$15,530.50
$18,876.00
$18,107.00
Director of
$16,120.00
$12,315.00
$18,006.00
43
$13,878.00
$16,868.t$14,086.00
$17,121.00
Health
Director of
Y1
$17,500.00
$12,363.00
$15,439.00
41
$12,587.00
$15,300.
$15,530.00
Finance
Director of
Y1
$16,333.34
$11,745.00
$14,956.00
40
$11,988.00
$14,572.
$14,791.00
HR
City Clerk
NA
$10,874.00
$13,217
38
$10,874.00
$13,217
$11,037.00
$13,415.00
*Not eligible for premium pay
* * Eligible for premium pay
It is recommended that the amendments to Exhibit A of the Citywide Fringe Benefits and Salary
Resolution also include the application of the 1.5% cost of living increase to City Council
member salaries. Pursuant to Chapter 3.11 of the Vernon City Charter, the City Council may
only increase the base compensation of Council members through cost of living adjustments.
Effective December 28, 2014, the new monthly base salary for Council members would be
$2,114.
Automobile Allowance
On November 4, 2014, the City Council adopted Resolution No. 2014-68 adopting the Citywide
Fringe Benefits and Salary Resolution. At that time Automobile Allowance was under review
pending final survey results from the comparable labor market and would be brought back for
City Council consideration if any further revisions were recommended.
5
The following table provides the survey results for City Council members and executive
classifications, and indicates an average automobile allowance of $400 among comparable labor
market organizations.
olice Chief
Arcadia
N/A
$375
$350.00
City Vehicle
City Vehicle
Culver City
N/A
Per employment contract
$375
City Vehicle
City Vehicle
ElSegundo
N/A
City Vehicle
N/A
City Vehicle
City Vehicle
Glendale
$525
$490
$490
City Vehicle
City Vehicle
Huntington
Mayor
City Vehicle or $500
City Vehicle or
City Vehicle or
City Vehicle or $500
Beach
$936*
$500
$500
Council
$698*
Huntington
N/A
$450 or
Finance
N/A
$450
Park
City Vehicle
Director only:
or
$450
City Vehicle
or
City Vehicle
LA County
$656 or
$656 or lease a Car
$559 or
$559 or lease a
$559 or lease a car
lease a
lease/drive car
car
Car
or County Pool
Vehicle
LA City
Pending
reply
Montebello
N/A
$500
N/A
City Vehicle
City Vehicle
Monterey
N/A
$500
N/A
City Vehicle
City Vehicle
Park
Riverside
Mayor -
$500
$350
City Vehicle
City Vehicle
$500
$400 for City
Council-
Attorney, City
$350.00
Clerk, Utilities
General
Manager
Santa Fe
Pool
City Vehicle
May use Pool
City Vehicle
N/A
Springs
Vehicle
Vehicle
Torrance
$446
$446
$446
$446
$446
Whittier
N/A
$700
$310
N/A
City Vehicle
Based on the survey results, it is recommended that effective January 1, 2015, the City Council
amend the Automobile Allowance benefit to include $400 per month for Executives serving the
in the roles of City Attorney, Director of Public Works, Water & Development Services,
Director of Health, and Director of Finance. Incumbents in these classifications perform duties
that require frequent routine use of their personal vehicles for business purposes in the course of
employment during normal and off work hours and for official business.
0
Fringe benefits for the Director of Gas and Electric classification has historically included and
currently includes use of a City -owned vehicle and fuel. It is recommended that the current
Director of Gas and Electric continue to use a City -owned vehicle and fuel in -lieu of receiving
the $400 monthly automobile allowance. Once the current City -owned vehicle is due for
replacement or the current incumbent leaves the position, whichever occurs first, the Director of
Gas and Electric classification will receive the $400 monthly automobile allowance.
It is also recommended that the Council member designated as Mayor receive a $400.00
monthly automobile allowance or alternatively utilize a City -owned vehicle and fuel as a result
of the performance of duties that require frequent routine use of a personal vehicle to conduct
official business. This recommendation is contingent upon voter approval of an amendment to
Section 3.11 of the Vernon City Charter that staff proposes to place on the ballot for the April 14,
2015 General Municipal Election. The proposed charter amendment would allow Council to
establish additional compensation pursuant to comparable market survey data, and will be
presented to City Council on January 6, 2015.
Reorganization of Risk Management Functions
On October 15, 2013, City staff recommended City Council approval of a full-time Risk
Manager position. The position of Risk Manager was previously budgeted as a part-time hourly
position. It was initially established when the Finance Director began employment with the City
and there was no clear track record established relative to the volume and complexity of the
organization's risk management requirements. Historically, the City's risk management function
was not equipped with solely dedicated resources to handle risk management duties. Initially,
risk management was handled as part of the duties of the City Attorney's department, and
subsequently transferred to the Human Resources department before most recently being
absorbed into the Finance department. The focus of the Risk Manager classification is to
manage the day-to-day administration of property and casualty claims and recovery activities and
services; develop, administer and coordinate programs and strategies designed to eliminate, limit
or transfer risk exposures utilizing insurance, contractual agreements or a combination of both to
protect the City.
City staff has reassessed, reviewed and gathered input on the need for full-time risk management
functions to determine whether the existing Risk Manager job and structure meet the City's
goals and priorities. Staff considered key factors such as the hiring of new talent and skills
within the City Attorney's Office that will contribute to the overall effectiveness of the City's
property and casualty claims and recovery activities. Consequently, staff recommends
elimination of the Risk Manager classification and realignment of the risk management functions
related to liability claims against the City back to the City Attorney's Office, with the Finance
Department retaining functions related to insurance issues and City claims against third parties.
This difficult decision was based on a need for improved workflow and enhanced organizational
efficiencies and effectiveness.
Unfortunately, the reorganization of the risk management functions and the elimination of the
Risk Manager classification will result in the reduction of workforce of one (1) incumbent. It is
recommended that the elimination of the Risk Manager classification be effective as of
December 10, 2014. It is also recommended that City Council approve a two week severance
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pay due to the unforeseen elimination of the classification and to assist the incumbent in their
transition.
In order to move forward with the delivery of services, the City will continue to reconcile its
resources (its budget and work force) with organizational and community needs and then
prioritize accordingly. Departmental reorganizations and the consolidation of duties are one part
of this reconciliation.
Vernon Fireman's Association 2014-2016 Memorandum of Understanding_ V1�IO
Pursuant to the City of Vernon Employer -Employee Relations Resolution (Resolution No. 4027),
the City formally recognized Vernon Firemen's Association as an employee organization for
purposes of collective bargaining. On December 8, 2014, the City and VFA concluded labor
negotiations regarding wages, benefits and working conditions for the 2014-2016 Memorandum
of Understanding ("MOU").
On at least 12 occasions, members of City staff and representatives of VFA met and conferred in
good faith, and reached agreement on the proposed contract language, subject to the approval of
the City Council.
This report recommends City Council approval of the benefits and contract language
incorporated into an agreement with VFA. Attached as Exhibit A to the Resolution is the MOU
for employees in classifications represented by VFA, which incorporates mutually agreed upon
provisions. The MOU covers the period of July 1, 2014 through June 30, 2016.
Key provisions of the proposed MOU are:
• 2 Year Term
• Effective December 28, 2014, (the beginning of the pay period containing January 1,
2015), establish new salary ranges for employees represented by VFA based upon the
results of the Citywide classification and compensation study at the 75a' percentile, and
consistent with the proposed 5x5 grade and step pay plan.
• Effective December 28, 2014, (the beginning of the pay period containing Jan 1, 2015),
employees represented by VFA shall be placed at the new grade and step that is closest
to, but not lower than their current salaries.
• Effective December 28, 2014, (the beginning of the pay period containing January 1,
2015), the base salaries for employees represented by VFA shall be increased by 1.5%.
• Effective December 28, 2014, (the beginning of the pay period containing January 1,
2015), increase monthly USAR and Haz-Mat Premium Pay from $125.00 per month to
$178.21 for each eligible member.
• Effective December 28, 2014, (the beginning of the pay period containing January 1,
2015), allow a BA or BS Degree in Fire Science, Fire Technology, or a closely related
field, and a Fire Office Certificate to qualify for Education Incentive Pay. The
cumulative maximum for Education Incentive Pay remains at 6%.
• Effective January 1, 2015, the $35.00 per month Auto Insurance benefit paid to VFA
employees shall be discontinued.
• Effective January 1, 2015, all members will have the option to apply any unused portion
of the $1100.00 monthly medical allowance toward supplemental or ancillary plans
approved under a section 125 cafeteria plan.
• Effective the beginning of the pay period containing July 1, 2015, the base salaries for
employees represented by VFA shall be increased by 1.5%.
• Effective July 1, 2015, employees represented by VFA who, in the discretion of their
department head and in accordance with the City's Performance Evaluation Policy, have
attained one year of satisfactory service shall receive a 5% merit step increase. Future
merit increases to any said grade shall remain at the sole discretion of the City Council.
• Discontinuation of longevity benefits for VFA employees hired after December 31, 2013.
• Establishment of employee grievance and disciplinary appeal procedures.
• Effective December 28, 2014, (the beginning of the pay period containing January 1,
2015), sick leave/kin care shall not count for purposes of calculating overtime within a
24-day cycle. A doctor's note shall be required for more than one sick day absence.
• Sick time back filling will be at the discretion of the Fire Chief unless and until staffing
falls below 19 (18 VFA members and 1 VMA member).
Fiscal Impact
The approximate cost for fiscal year 2014-2015 to implement the 1.5% base salary increase for
confidential, management, and City Council is $32,000. These costs have been included in the
2014-2015 fiscal year budget and were presented to City Council during the respective
departmental budget presentations for the proposed fiscal year 2014-2015 Citywide budget
adoption.
The additional cost to implement the automobile allowances for Executives and Mayor for fiscal
year 2014-2015 is $9,600 and can be absorbed in the respective departmental budgets.
The cost for fiscal year 2014-2015 to implement the new salary grades for Executives based
upon the 750' percentile of the comparable labor market and subsequently place incumbents at
the proposed salary to include the 1.5% cost of living increase is approximately $79,300.
The savings associated with the elimination of the Risk Manager classification for the balance of
fiscal year 2014-2015 is $85,400.
The total additional estimated cost to adopt the 2014-2016 Memorandum of Understanding
between the City and VFA is approximately $974,900. The approximate cost of the VFA MOU
for fiscal year 2014-2015 is $289,100 and has been included in the City budget for FY 2014-
2015.