Resolution No. 2016-037RESOLUTION NO. 2016-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING THE MEMORANDUM OF UNDERSTANDING BY
AND BETWEEN THE CITY OF VERNON AND THE VERNON FIRE
MANAGEMENT ASSOCIATION FOR THE PERIOD OF
JULY 1, 2016 THROUGH JUNE 30, 2019
WHEREAS, the Vernon Fire Management Association ("VFMA") has
been recognized as an employee organization pursuant to the City of
Vernon Employer -Employee Relations Resolution (Resolution No. 4027); and
WHEREAS, on July 15, 2014, the City Council of the City of
Vernon adopted Resolution No. 2014-47, as amended on June 16, 2015 by
Resolution No. 2015-41, approving a Memorandum of Understanding by and
between the City and the VFMA for the period of July 1, 2014 through
June 30, 2016; and
WHEREAS, the City and VFMA have concluded labor negotiations
regarding wages, benefits and working conditions for the period of
July 1, 2016 through June 30, 2019; and
WHEREAS, representative members of the VFMA and the City have
agreed to execute a Memorandum of Understanding ("MOU") setting forth
certain terms and conditions for employment of City of Vernon employees
in classifications represented by the VFMA, for the period of
July 1, 2016 through June 30, 2019; 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") review, because it is an administrative action that will
not result in direct or indirect physical changes in the environment,
and therefore does not constitute a "project" as defined by CEQA
Guidelines section 15378.
SECTION 3: The City Council of the City of Vernon hereby
approves the Memorandum of Understanding between the City of Vernon and
the Vernon Fire Management Association, in substantially the same form
as the copy which is attached hereto as Exhibit A.
SECTION 4: The City Council of the City of Vernon hereby
instructs the City Administrator, or his designee, to take whatever
action is deemed necessary or desirable for the purpose of implementing
and carrying out the purposes of this Resolution and the transactions
herein approved or authorized, including but not limited to, any
nonsubstantive changes to the MOU attached herein.
SECTION 5: The City Council of the City of Vernon hereby
directs the City Clerk, or the City Clerk's designee, to send a fully
executed MOU to David Lazar, Vernon Fire Management Association
President.
- 2 -
SECTION 6: The City Clerk, or Deputy City Clerk, of the
City of Vernon shall certify to the passage, approval and adoption of
this resolution, and the City Clerk, or Deputy City Clerk, of the City
of Vernon shall cause this resolution and the City Clerk's, or Deputy
City Clerk's, certification to be entered in the File of Resolutions of
the Council of this City.
APPROVED AND ADOPTED this 12th day of July, 2016.
Name: Willial J. Davis
Title: Mayor / May - ' Fx��er�3
ATTEST:
—71. (�
aria E Ayala
City erk / y
APPROVED AS TO FORM:
Zay�ni�vh✓Moussa, Senior Deputy City Attorney
- 3 -
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
Maria E . Ayala
I
City Clerk City ri erk`'-of the City
of Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 2016-37, was duly passed, approved and adopted by the
City Council of the City of Vernon at a regular meeting of the City
Council duly held on Tuesday, July 12, 2016, and thereafter was duly
signed by the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this day of July, 2016, at Vernon, California.
(SEAL)
- 4 -
M ria E . Ayala
City Clerk /
EXHIBIT A
Formatted: Left
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
AND
VERNON FIRE MANAGEMENT ASSOCIATION
July 1, 20164 through June 30, 20196
TABLE OF CONTENTS
MEMORANDUM OF UNDERSTANDING
Parties to the Memorandum of Understanding.......................................................... 5
ARTICLE ONE: FUNDAMENTALS
Section 1:
Recognition.............................................................................6
Section 2:
No Discrimination.....................................................................6
Section 3:
Mutual Cooperation....................................................................7
Section4:
Layoffs..................................................................................7
Section 5:
No Strikes or Lockouts................................................................7
Section 6:
City / VFMA Meetings.................................................................
7
Section 7:
Association Business...................................................................7
Section 8:
Association Leave.......................................................................8
Section 9:
Driver License Requirement...........................................................
8
Section 10:
Payroll Deduction.......................................................................8
SectionH:
Term.....................................................................................10
ARTICLE TWO: LEGAL LIMITATIONS, SAVINGS CLAUSE & TERM
Section 1: Legal Limitations and Savings Clause..............................................................9
Section 2: Maintenance of Existing Conditions...................................................9
Section 3: Modification and Waiver...................................................................................9
Section 4: Severability..............................................................................10
ARTICLE THREE: SALARIES
Section1: Salaries...............................................................................................................I I
2
Section 2:
Assistant Fire Chief...........................................................................................
I I
Section 3:
Battalion Chie Fire Battalion Chief/Fire
Marshall.........................................................
12
Section4:
Fire Marshall..............................................................................12
Section5:
Merit Steps................................................................................
13
Section 6:
Salary Adjustment Increase..........................................................
13
Section 7:
Bilingual Pay............................................................................
13
Section 8:
Educational Incentive Pay................................................................
13
Section 9:
Chief Officer Certificate — Prior to July 1, 2014.....................................
14
Section 10:
Chief Officer Certificate — After July 1, 2014.......................................
14
Section 11:
Hazardous Materials Specialist Pay ...................................................
14
Section 12:
Urban Search and Rescue Specialist Pay ..............................................
15
Section 13:
Physical Fitness/Wellness Program ...................................................
15
Section 14:
Computation of Pay....................................................................
15
ARTICLE FOUR: LONGEVITY
Section 1:
Employees Hired On or Before June 30, 1994.......................................
17
Section 2:
Employees Hired After June 30, 1994................................................
17
ARTICLE FIVE: OVERTIME
Section I:
Overtime Authorization................................................................
18
Section 2:
Compensatory Time......................................................................19
Section 3:
Compensatory Time Payment upon Termination ....................................
19
Section 4:
Usage of Compensatory Time Earned ................................................
19
Section 5:
Leave Inclusion..........................................................................
19
Section 6:
Training and Recertification............................................................
20
V
Section7: Call Backs................................................................................. 20
Section 8: Non-Compensable....................................................................... 20
ARTICLE SIX: UNIFORMS
Section 1: Uniform Allowance..................................................................... 22
ARTICLE SEVEN: BENEFITS
Section 1:
Public Employees Retirement System.................................................23
Section 2:
Supplemental PERS Benefits...........................................................
23
Section3:
Cafeteria Plan.............................................................................
24
Section4:
Medical...................................................................................
24
Section5:
Dental.....................................................................................
25
Section6:
Vision......................................................................................
25
Section 7:
Life Insurance.............................................................................
25
Section 8:
Deferred Compensation.................................................................
26
Section 9:
Education Reimbursement..............................................................
26
Section 10:
Other Employee Programs..............................................................
26
Section 11:
Retiree's Medical........................................................................
26
ARTICLE EIGHT: VACATION
Section 1: Vacation Time............................................................................ 28
ARTICLE NINE: HOLIDAYS
Section 1: "In Lieu" Holiday Time................................................................. 30
Section 2: "In Lieu" Holiday Time — Administrative Personnel ............................... 30
ARTICLE TEN: SICK LEAVE
4
Section1:
Sick Leave.................................................................................
32
Section 2:
Sick Leave Conversion..................................................................
33
ARTICLE ELEVEN — LEAVE BENEFITS
Section1:
Jury Duty..................................................................................
34
Section 2:
Bereavement Leave.....................................................................
34
ARTICLE TWELVE: WORK SCHEDULE AND ABSENCES
Section 1:
FLSA Work Period......................................................................
36
Section2:
Work Schedules...........................................................................
36
Section4:
Shift Trades...............................................................................
36
Section 5:
Early Relief...............................................................................
37
ARTICLE THIRTEEN: GRIEVANCE PROCEDURE
Grievance Procedure Steps................................................................................ 38
ARTICLE FOURTEEN: DISCIPLINE PROCEDURE
DisciplineProcedure....................................................................................... 40
ARTICLE FIFTEEN: MANAGEMENT RIGHTS
ManagementRights......................................................................................... 44
SIGNATURE PAGE
Signatures.................................................................................................... 46
5
Formatted: Tab stops: 1.36", Left + Not at 1" + 5.81"
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
AND
VERNON FIRE MANAGEMENT ASSOCIATION
Parties to the Memorandum of Understanding
Pursuant to Chapter 10 (section 3500 et seq) of Division 4, Title 1 of the Government Code and
Resolution No. 4027, the Resolution for the administration of Employer -employee relations, the matters
within the scope of representation that are set forth in this Memorandum of Understanding (MOU) have
been discussed by and between representatives of the City of Vernon and the representatives of the
Vernon Fire Management Association, (hereinafter "VFMA"), and except as otherwise specifically
provided herein shall apply only to those defined in the aforesaid Resolution as "full-time sworn and
regular part-time employees in the Fire Department management and confidential employees," otherwise
known as Chief Officers.
This MOU constitutes a joint agreement by the Municipal Employee Relations Representative ("MERR")
and the VFMA, to be submitted to the City Council of Vernon for its determination and approval by one
or more Resolutions or Ordinances as the City Council may deem fit and proper.
The MERR and the Representative of the VFMA have agreed that they will jointly urge the City Council
of Vernon to adopt one or more Resolutions or Ordinances reflecting the changes in wages, hours, and
other conditions of employment agreed upon in this MOU.
If approved, the terms agreed upon by this MOU shall take effect on July 1, 20164, and shall expire at
midnight on June 30, 20194.
IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN STATED, the VFMA and the
City of Vernon agree as follows:
6
ARTICLE ONE
FUNDAMENTALS
Section 1: Recognition
The City recognizes the Vernon Fire Management Association as the exclusive recognized employee
organization on behalf of all full-time sworn, management personnel engaged in fire prevention,
suppression, administration and paramedic services within the City, including, but not limited to,
employees occupying the job classifications of Assistant Fire Chief, Fife, af,4W' Batt 4o r'"k4Fire
Battalion Chief, and Fire Marshall.
Section 2: No Discrimination
The City and the Association are committed to working together to support a work environment
characterized by fair treatment and access to equal opportunities.
The provisions of this Memorandum of Understanding shall be applied equally to all employees covered
hereby. Neither the City nor the VFMA shall discriminate against any individual, applicant or employee
with respect to his compensation, terms, condition, or privileges of employment or because of an
individual's race, color, sex, religion, national origin, age, marital status, disability, pregnancy, sexual
orientation, political or religious opinions or affiliations, or membership or non -membership in the
VFMA.
The terms "they" and "their" may be used in this agreement as substitutes for the terms "his," "her,"
"his/her," "he," "she," or other terms which would indicate masculine or feminine gender. Whenever the
male gender is used herein it shall be construed to refer to both male and female employees.
Except as limited by the specific and express terms of this Memorandum of Understanding, the
Association hereby retains and reserves unto itself all rights, powers, authority, duties and responsibilities
conferred on and vested in it by the laws and the Constitution of the State of California and/or the United
States of America. The parties specifically agree that neither VFMA nor any VFMA representative or
member shall be discriminated against, intimidated, coerced, disciplined or retaliated against because of
the lawful exercise of its or his rights, including, but not limited to, the right to participate in VFMA
activities, serve as a VFMA officer or director, or otherwise represent the interests of VFMA.
7
Section 3: Mutual Cooperation
The parties recognize the necessity of cooperating on matters of mutual concern and interest and agree to
work together to maximize the effectiveness of the Fire Department and the City and to accomplish goals
in their mutual interest.
Section 4: Layoffs
in accordance with the Meyers-Milias Brown Act, the City and the VFMA shall meet and confer on the
effect of its actions to lafof ay off any employee represented by the VFMA. This will occur prior to
implementation except in emergency circumstances as defined in law. The agreement to meet and confer
over the effect of the exercising of a City right shall not in any way impair the right of the City to exercise
and implement any of its rights to layoff.
Section 5: No Strikes or Lockouts
During the life of this agreement no work stoppages, strikes, or slowdowns shall be caused or sanctioned
by the VFMA, and no lockouts shall be made by the City.
Section 6: CityNFMA MeetinEs
Representatives from the VFMA and the City shall meet as needed to discuss issues of mutual concern.
Section 7: Association Business
Representatives of the VFMA shall be allowed time to conduct their Association business as necessary
during work hours. Representatives of the VFMA shall have reasonable access to the work sites of unit
employees at any time during the working hours to conduct Association business as long as such visits do
not unreasonably interfere with the conduct of the City's usual business and the employee's work.
Coordination of such work will be made with the Fire Chief to ensure the availability of staffing levels for
such meetings. Representatives of VFMA may use any Fire Department facilities free of charge for its
Board of Directors and general membership meetings provided such facility is not otherwise booked.
VFMA shall secure approval from the Fire Chief for the date and time it wishes to secure use of the
facility. The granting of such approval will be made if the City facility is not otherwise scheduled to be
used at the time of VFMA's request.
No unit employee shall engage in political activity while on duty or in uniform.
Section 8: Association Leave
The VFMA President will have available to him/her a total of 240 hours of Association Leave Time at the
beginning of each calendar year for conducting Association business off duty during time he and/or any
of his Association board members would be regularly scheduled to work.
A. The VFMA President will be responsible for assigning any Leave Time to his board members.
Unused hours may not be carried over from one year to the next without the written authorization
of the Fire Chief or his designee.
B. In each case where Leave Time is requested, such request must be in writing to the Fire Chief a
minimum of 72 hours before the Leave Time is needed unless the minimum notice period is
waived in writing by the Fire Chief or his designee.
C. Association Leave Time will not be granted if it will cause overtime unless it is authorized in
writing by the Fire Chief or his designee.
D. In no case will Association Leave Time be used for political action purposes.
Section 9: Driver's License Requirement
Firefighters of all ranks from Assistant Fire Chief and below must maintain at the minimum a Class C
driver's license with a firefighter endorsement. Exceptions to this requirement must be approved in
writing by the Fire Chief.
Section 10: Payroll Deduction
The City shall, during the term of this agreement, effect a payroll deduction for membership dues, service
fees and other charges authorized pursuant to an executed form signed by the employee permitting such
deductions. Any payroll deductions collected by the City shall be transmitted on a biweekly basis to the
treasurer of the Association, or such other party designed in writing by the Association. The City shall not
be obligated to put into effect any new, changed, or discontinued deduction until the first pay period
commencing not more than thirty (30) days after receiving the request. This provision shall remain
operative as long as VFMA is the exclusive recognized employee organization of unit employees.
Section 11: Term
(a) Except as otherwise provided herein, this Memorandum of Understanding shall be in full
force and effect from July 1 2016 and shall remain in full force and effect up to and
including midnight the 30th day of June 2019 or until the next Memorandum of
Understanding becomes effective.
(b) This Memorandum of Understanding shall be binding on the Cif and the Union when
approved and adopted by the City Council.
ARTICLE TWO
LEGAL LIMITATIONS, SAVINGS CLAUSE, AND TERM
Section 1• Legal Limitations and Savings Clause
It is understood and agreed that this Memorandum of Understanding (including, but not limited to, the
provisions of the Fair Labor Standards Act) and any and all Resolutions or Ordinances adopted in
implementation thereof are and shall be subject to all present and future applicable federal and state laws
and regulations and shall be effective and implemented only to the extent permitted by such laws and
regulations.
If any part of this Memorandum of Understanding or of any Resolution or Ordinance adopted in
implementation thereof is in conflict or inconsistent with any such applicable provisions of federal and
state laws or regulations or otherwise held to be invalid or unenforceable by any tribunal of competent
jurisdiction, such part or provision shall be suspended and superseded, and such applicable laws and
regulations and the remainder of this Memorandum of Understanding shall not be affected thereby and
shall remain in full force and effect;
Section 2: Maintenance of Existing Conditions
Any employment policy, practices and/or benefits, including the alternative workweek schedule and
overtime compensation are incorporated into this Memorandum of Understanding, unless
otherwise stated herein. In the event of a conflict between the Memorandum of Understanding and
10
an existing policy and/or practice, this Memorandum of Understanding shall govern.
Section 3: Modification and Waiver
The City reserves the right to add to, delete from, amend or modify the Administrative rules, the City
Municipal Code, and the City's Personnel Policies and Procedures Manual during the term of the
Memorandum of Understanding, subject to the requirements of the Meyers-Milias-Brown Act and the
Firefighters Procedural Bill of Rights Act.
Section 4: Severability.
In the event that a court finds any provision(s) of this Memorandum of Understanding to be invalid or
unenforceable, the parties intend that the remaining provisions remain in effect. The parties further
agree to meet and confer for purposes of negotiating an alternative to any provision declared invalid
or unenforceable.
11
ARTICLE THREE
SALARIES
Section 1: Salaries
Effective the beginning of the pay period containing July 10, 20164, the following salary ranges are
established for employees represented by the VFMA based upon the results of the City wide classification
and compensation study at the 75tt' percentile, and consistent with the proposed grade and step pay plan.
Effective July 10, 20164, VFMA employees shall be placed at the grade and step that is closest to, but not
lower than their current base salary.
a. Effective July 10 2016 (first full pay period in July) the base salary schedule will
be increased by 2%.
b_ Effective July 9 2017 the base salary schedule will be increased by an additional
2%.
C. Effective July 8 2018 the base salary schedule will be increased by an additional
2%.
12
beginningEffeetive the
R i-e Chief shall be increased by 1.5%,_35_t9}lowsi
beginningggeetive the
Step 1 $ 4 204
S 2- — 1 1.7622
Step 3 $ i z c i
Ste}— $42,968
Step c x i 4,6 i 6
13
Effeetive the
of the pay period
beginning b
Mai -shall shall be inef:eased by !-�% as falleA-
beginning of the pay period including,
Marshall shall he increased by 1 -)% as f.allaws-
Section 5: Merit Steps
Rf4�eetive the D D
Fire Chief and in aecerdanee with the City's Peff4manee Evaluation Poky. have atiaip��
Effective July 910 2016 employees who are not at the top step of their Classification
Compensation Plan and have attained one year of an overall "satisfactory" or higher performance
evaluation rating as of their immediatelyprecedinz classification anniversary date, shall receive
one merit salary advance. Effective July 2017 and for the remainder of this agreement,
employees who are not at the top step of their Classification Compensation Plan and who
achieve an overall "exceeds standards" ranking during their annual performance review in
accordance with the City's Performance Evaluation Policy will receive one merit salary advance
on the first full pay period in July. Employees shall continue to receive their annual evaluations
as scheduled in the City's Performance Evaluation Policy and employees may receive more than
one annual merit salary advance during the term of this Agreement.
Section 6: Salary Adjustment Increase
14
In the event there is a salary inequity between ranks or between employees within the Department, the
Fire Chief, with approval of the City Administrator, may implement a service adjustment increase up to
ten percent (10%) per month of their base salary.
Section 7: Bilingual Pay
A unit employee may be compensated for bilingual skills after the employee demonstrates proficiency in
speaking a foreign language (the ability to read and write in a foreign language may also be tested, if
necessary), —which proficiency would be determined by successful completion of a foreign language
proficiency test designated by the Human Resources Department. Those employees who successfully
demonstrate this skill are eligible to receive an additional One Hundred Twenty -Five Dollars ($125.00)
per month for bilingual pay and shall not be considered to be part of the employee's base monthly salary
when computing incentive pay.
Section 8: Education Incentive Pay
• 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.
15
• 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%.
• Should employees represented by the Vernon Firemen's Association (VFA) receive across -the
board enhancements to the existing Education Incentive Pay between July 1, 2016 and June 30,
2019 a like enhancement will be provided to employees represented by the VFMA.,
Section 9: Chief Officer Certificate — Employees promoted prior to July 1, 2014
Effective July 1, 2014, VFMA employees who were promoted to a Fire management position prior to
July 1, 2014 and hold a Chief Officer Certificate, or have completed coursework equivalent thereto (i.e.,
California State Fire Training Professional Certification Track for Chief Officer) shall receive an annual
education incentive stipend in the amount of $2,000, in two equal, semi-annual installments. The first
installment of $1,000 shall be paid with the first paycheck in January, and the second installment of
$1,000 shall be paid with the first paycheck in July.
Section 10: Chief Officer Certificate —Employees promoted on or after July 1, 2014
Effective July 1, 2014, VFMA employees who were promoted on or after July 1, 2014 and hold a Chief
Officer Certificate shall receive an annual education stipend in the amount of $2,000, in two equal, semi-
annual installments. The first installment of $1,000 shall be paid with the first paycheck in January, and
the second installment of $1,000 shall be paid with the first paycheck in July.
16
Formatted: Justified, Indent: Left: 0.25", Hanging: 0.2",
Space Before: 13.65 pt, Line spacing: Exactly 19.05 pt, Font
Alignment: Baseline, Tab stops: 0.45", Decimal aligned + Not
at 0.2"
Formatted: Font: Calibri, Font color: Black
Formatted: Indent: Left: 0.45", No bullets or numbering,
Tab stops: 0.2", Decimal aligned
Section 11: Hazardous Materials Specialist Pay
trainingA unit emplayee eertified as a 14azafdE)us Materials Speeialist shall reeeive speeial compensation of one
expeditiously as possible, send eaeh unit empleyee to all
Hazardous Materials Speeialist. Said payment shall not be eansidered to be paq of the empioyee's bas
ifle
Formatted: Line spacing: 1.5 lines
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.
Formatted: Line spacing: 1.5 lines
Should employees represented by the Vernon Firemen's Association (VFA) receive across -the board
enhancements to the existing Hazardous Materials Specialist Pay between July 1, 20164 and June 30,
20196, a like increase will be provided to employees represented by the VFMA.
Section 12: Urban Search and Rescue (USAR) Pay
Effective December 28, 2014 (the oav period containing January 1, 2015), a unit emolovee certified as a
USAR 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 USAR Specialist. Said payment
shall not be considered to be part of the employee's base salary when computing incentive pay.
Should employees represented by the Vernon Firemen's Association (VFA) receive across -the board
enhancements to the existing USAR Pay between July 1, 20164 and June 30, 20196, a like increase will
17
be provided to employees represented by the VFMA.
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 Fire Chief will receive two hundred fifty
dollars ($250.00). The Physical Fitness/Wellness program is attached hereto as Attachment "A", and
incorporated herein.
Section 14: Computation of Pay
A. Unit employees assigned to a 40-hour work week shall be paid on an hourly basis. The hourly
rate shall be the product of dividing the monthly salary by 173.333. Upon being assigned to a 40-
hour schedule an employee's accrued leave shall be reduced by a factor of 1.4 and paid to the
employee upon use or separation at the employee's 40-hour regular rate of pay. Upon being
reassigned to a 56-hour schedule, all such accrued leave shall be increased by a factor of 1.4.
B. 56-hour platoon personnel
Unit- employees assigned to a fifty-six (56) hour work week would be paid a widely fluctuating
amount each pay period if they were paid for hours actually worked; therefore, such employees
shall be paid for the average number of hours in a two (2) week period, one hundred and twelve
(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.
18
ARTICLE FOUR
LONGEVITY
Section 1: Employees Hired On or Before June 30,1994
Upon attaining 5 years of service with the City of Vernon ........................5% above base pay
Upon attaining 10 years of service with the City of Vernon ...........................10% above base pay
Upon attaining 15 years of service with the City of Vernon.....................15% above base pay
Upon attaining 20 years of service with the City of Vernon.....................20% above base pay
Upon attaining 30 years of service with the City of Vernon
an Assistant Fire Chief, °a" e`Fire Battalion Chief, or Fire Marshall ........................25%
above base pay
Section 2: Employees Hired After June 30,1994 and before December 31, 2013
Upon attaining 5 years of service with the City of Vernon........................5% above base pay
19
ARTICLE FIVE
OVERTIME
Section 1: Overtime Authorization
All overtime requests must have prior written authorization of a supervisor prior to the commencement of
such overtime work. Where prior written authorization is not feasible, explicit verbal authorization must
be obtained. Dispatched calls extending beyond the end of duty time are considered as authorized.
A. Policy
It shall be the policy of the Vernon Fire Department to honor personnel requests for time off
when possible, and distribute overtime opportunities in a fair and equitable manner to all
members. It shall be the Department's priority to maintain essential staffing levels when
arranging coverage.
B. Order of Filling Vacancies
Overtime vacancies will be filled on a rank -for -rank basis by first referring to the list of personnel
in the same rank as the vacancy who have signed up for overtime availability for that day. The
individual in the same rank with the least overtime worked that calendar year will have the first
opportunity to work the overtime vacancy.
If that employee does not elect to work the overtime shift, the person in the same rank as the
vacancy with the next least amount of overtime worked that calendar year will have the next
opportunity. This process will be followed until the overtime vacancy is filled or the list of
personnel within the same rank as the vacancy is exhausted.
In the event the vacancy is unfilled, the same process will be used for those personnel who have
signed up as available to work overtime that day who are qualified to act in the rank in which the
vacancy exists. If that list is also exhausted and the vacancy is not filled, the person that is not
presently working and that is of the same rank as the vacancy with the least mandated overtime
worked that calendar year shall be mandated to work the overtime shift.
C. What Overtime Vacancies Will Be Filled
a. Any vacancy in the ""Fire Battalion Chief rank that is the result of an employee
using vacation leave shall be filled first by a Rattalien Chie Fire Battalion Chief. If a
20
moire Battalion Chief is unable to fill the position then an Acting Baw lien
CNiL-Mire Battalion Chief from the established Acting List will fill the position.
b. A vacancy that is the result of an employee using sick leave may be filled at the discretion of
the Fire Chief.
Section 2: Compensatory Overtime
A. For fire suppression employees having an average work week of 56 hours, compensatory time
shall accumulate at the premium rate of one and one-half (1 1/2) hours of compensatory time for
each one (1) hour of overtime actually worked in excess of the employee's regular scheduled
working hours for a 24 day work cycle.
B. For employees having an average work week of forty (40) hours, compensatory time shall be
accumulated at the premium rate of one and one-half (1 1h) hours of compensatory time for each
one (1) hour of overtime actually worked during the employee's regular work week up to a
maximum accrual of 480 hours.
Section 3: Compensatory Time Payment upon Termination
Employees shall be entitled to receive payment for all accumulated compensatory time upon their
termination.
Section 4: Usage of Compensatory Time Earned
Accumulated compensatory time off may be taken by an employee in the same manner as vacation time
as described in Article Eight of this MOU.
Section 5: Leave Inclusions
A. In determining an employee's eligibility for overtime compensation in a work period, paid leaves
of absence will be included in the total number of hours worked. Paid leaves of absence include,
but are not limited to, the following:
1. Vacation
2. Holiday Leave / In -Lieu Leave
4. Administrative Leave
5. Compensatory Leave
21
6. Workers' Compensation Leave (4850 time)
7. Jury Duty
8. Bereavement Leave
9. Military Leave
B. Sick Leave - In determining an employee's eligibility for overtime compensation, sick leave shall -
not be included in calculating the total number of overtime hours worked in a 7-day work week.
At the time of MOU ratification, the implementation of this provision was still being analyzed. If
the City confirms that calculation based on a 7-day work week is enforceable under the Fair
Labor Standards Act, this provision will be implemented after the City provides the VFMA
written notice of its confirmation, and a date certain on which this provision will take effect. If
this provision is found to be unenforceable, the City and the Association agree to a re -opener to
discuss the exclusion of sick leave counting towards overtime within a work week.
Section 6: Training and Recertification Time
Training time that is required is compensable.
Recertification time that is directly related to an employee's job will be compensable if completed during
assigned work hours or authorized for overtime by the Fire Chief.
Section 7: Call Backs
Call Back duty occurs when an employee is ordered to return to duty on a non -regularly scheduled work
shift. Call back does not occur when an employee is held over from his/her prior shift or is working prior
to his/her regularly scheduled shift.
An employee called back to duty shall be credited with a minimum of four (4) hours work. Any hours
worked in excess of four (4) hours shall be credited on an hour -for -hour basis (at time and one-half
compensation) for actual time worked.
When an employee is called back, his/her work time shall be credited commencing upon the time the
employer has made direct contact with the employee.
Section 8: Non-Coniyensable
22
Formatted: Justified, Indent: Hanging: 0.5', Line spacing:
1.5 lines, Numbered + Level: 1 + Numbering Style: A, B, C, ...
+ Start at: 1 + Alignment: Left + Aligned at: 0.25' + Indent
at: 0.5"
Formatted: Justified, Indent: Left: 0.5", Line spacing: 1.5
lines
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 utilize or not utilize the locker for
storage and changing purposes at his/her own discretion.
Nothing herein prevents an employee from wearing his/her uniform to and/or from his/her
residence to work as long as the badge and insignia are covered in a non -unit issue garment such
as a windbreaker.
Time spent changing clothes before or after shift is not considered hours worked and is not
compensable in any manner whatsoever.
An employee shall be allowed to make off duty presentations without compensation in uniform
upon the approval of the Fire Chief.
23
ARTICLE SIX
UNIFORM ALLOWANCE
Section 1: Uniform Allowance
On the first pay check in August of each year, each unit employee shall be paid the sum of One Thousand
Dollars ($1000.00) for the purchase of uniforms. A unit employee hired by the City shall receive an initial
issue of uniforms. Uniform allowance is special compensation that shall be deemed earned when paid and
shall be reported to CalPERS as compensation earnable.
The City shall provide all unit employees all required safety equipment, including, but not limited to,
work boots.
24
ARTICLE SEVEN
BENEFITS
Section 1: Public Employee Retirement System ("PERS")
The City shall maintain its contract with the California Employees Public Retirement System (CalPERS)
that provides VFMA unit employees with the three percent (3%) at 50 safety retirement benefit plan.
As a result of the recent passage of AB 340 Public Employee Pension Reform Act (PEPRA), new
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 CalPERS retirement benefit plan.
Unit members identified as CalPERS "Classic Members" shall be responsible for paying their CalPERS
nine percent (9%) employee's contribution. Unit members identified as "New Members" under the
CalPERS definition as a result of PEPRA shall be responsible for paying their applicable CaIPERS
employee's contribution.
Section 2: Supplemental PERS Retirement Benefits
The City agrees to provide additional supplemental retirement benefits to VFMA unit employees under
CalPERS as follows:
• Gov't Code Section: 20042 — One Year Final Compensation:
Final compensation is the average full-time monthly pay rate for the highest twelve (12)
consecutive months.
• Gov't Code Section: 20124 - Military Service Credit as Public Service:
Employees may elect to purchase up to four (4) years of service credit.
• Gov't Code Section: 21574 — 4th Level of 1959 Survivor Benefits:
• Gov't Code Section: 21624 & 21626 & 21628 - Post Retirement Survivor Allowance:
Provides surviving spouse fifty percent (50%) of the amount of retirement allowance, dependent
on option choices, that is in effect at the time of death of retiree.
• Pre -Retirement Option 2W Death Benefit 21548
25
• Gov't Code Section: 20965-Credit for Unused Sick Leave
Section 3: Cafeteria Plan
The City and the Association agree to a section 125 cafeteria plan (non -cash out),
effective July 1 2016. 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, B,
C and CD 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.
Section 4: Medical:
The City offers various medical plans to employees. The City reserves the right to select, administer, or
fund any fringe benefit programs involving insurance that now exist or may exist in the future.
The City shall meet with the Association prior to any change of insurance carrier or method funding
coverage for any fringe benefits listed in this article.
• '•
grfir"INIFUM
.........
of the plan fbf! employees and eligible
each emploYee enf:E)Iled in an 14SA PPO plan, annually the City shall make lunip stim
C ,
26
Mar-ehjune and September. The eElst Elf any 149A PPO plan Seleeted by the emplayee that
A During the term of the Agreement for employees who elect Employee + Family coverage, the
City agrees to provide a cafeteria plan contribution equal to the total premium costs of the
Employee + Family Low Medical HMO Employee + Family lowest cost Dental DMO and lowest
cost family vision plan Employees enrolled in the Employee + Family health benefits category
that elect a health plan higher than the Low HMO medical, dental and/or vision, will be
responsible for any applicable premium costs through a pre-tax payroll deduction. The City
understands that this amount will vary based on the premium costs that go into effect on
January 1st of each calendar year of the term of this Agreement If employees opt out of dental
and/or vision they may use the allotments for those respective coverages toward excess
medical premiums.
B. During the term of the Agreement for employees who elect Employee -Only Employee + Spouse
and Employee + Children tiers the City agrees to provide the same flat dollar cafeteria
contribution for medical dental and vision benefits that the City is paying as of June 2016 for
these employee health group tiers That amount is $1 100 per month Employees who elect
one of these tiers must pay for their dental and vision benefits from this cafeteria contribution.
The parties understand and agree that this amount will remain fixed during the term of this
Agreement Provided however, should the total premium cost of the lowest cost medical HMO,
lowest cost Dental DMO and lowest cost vision plan exceed the current flat rate dollar cafeteria
contribution for medical dental and vision benefits for any of the tiers, then the contribution
for that tier will be raised to equal the total premium costs of the Low Cost Medical HMO,
lowest cost Dental DMO and lowest cost vision plan for that tier. Employees that elect a health
plan higher than the applicable City contribution will be responsible for any applicable premium
costs through a pre-tax payroll deduction If employees opt out of dental and/or vision, they
may use the allotments for those respective coverages toward excess medical premiums.
C. For unit employees enrolled in the HSA PPO plan the City shall pay up to the city contribution
for their specific tier as set forth in A and B above reduced by an annual amount of $3,000. 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 $1500 in January, and $500 each in
March June and September. The cost of any HSA PPO plan selected by employees that exceeds
the City contribution amount shall be paid the employee through a pre-tax payroll deduction.
D. During the term of the Agreement Employees will be allowed to opt into the Employee +
Family plan during any open enrollment period or upon a qualifying event as prescribed by the
City's insurance provider.
27
Formatted: Indent: Left: 0.5', No bullets or numbering
Formatted: Indent: Left: 0.5', No bullets or numbering
Formatted: List Paragraph, No bullets or numbering
Formatted: Indent: Left: 0.5, No bullets or numbering
Formatted: No bullets or numbering
C.-
1,E. Should employees represented by the Vernon Firemen's Association (VFA)
receive across -the board enhancements to the existing medical benefit program between
July-1, 20164 and June 30, 20196, a like increase will be provided to employees
represented by the VFMA.
Section 5: Dental
The City of Vernon offers a dental insurance plan to employees. Employees may apply any unused
portion of their monthly medical allowance toward the purchase of dental insurance for themselves and
eligible dependents. The cost of any plan selected by the employee that exceeds his/her monthly
employer medical allowance shall be paid by the employee through a pre-tax payroll deduction.
Should employees represented by the Vernon Firemen's Association (VFA) receive across -the board
enhancements to the existing dental benefit program between July 1, 20164 and June 30, 20196, a like
increase will be provided to employees represented by the VFMA
Section 6• Vim:
The City of Vernon provides a vision care plan to employees. The City shall pay 100% of the cost of such
a plan for employees only. Employees shall have the option of purchasing vision care for their dependents
at a cost of $6.95 for one dependent or $13.95 for two or more dependents. Employees may purchase
dependent coverage through the City by pre-tax payroll deduction and/or applying any unused portion of
the City's monthly medical allowance.
All itemized benefit amounts specified in the City of Vernon Vision Plan (CVVP) that fall below-
$ l 50 shall be raised to $150.
Should employees represented by the Vernon Firemen's Association (VFA) receive across -the board
enhancements to the existing vision benefit program between July 1, 20164 and June 30, 20196, a like
increase will be provided to employees represented by the VFMA
28
Formatted: Highlight
Formatted: Indent: First line: 0"
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: Deferred Compensation
The City shall continue to administer the existing 457 deferred compensation program for all unit
employees.
Section 9: Education Reimbursement
The educational reimbursement program is a financial assistance program that offers reimbursements for
tuition, fees and books up to a maximum of $2,200 per fiscal year. The fiscal year is July 1 through June
30. Employees are eligible for this assistance after 12 months of uninterrupted employment with the City
of Vernon.
A grade of "C" or better (or "pass" if on a pass/fail basis) is required for reimbursement. A request for
reimbursement must be made within 60 days of receipt of grades and should include the following: a copy
of the final grade report, a copy of expenses for tuition, fees, and books; and a completed and signed
tuition reimbursement form.
Sectionl0: Other City Employee Programs
VFMA unit employees are eligible to participate in all City -sponsored programs passed by City Council
Resolutions that are intended to benefit all employees in the areas of, but not limited to, the following:
• Buy back of military leave for PERS retirement time —Gov't Code 21024
• Computer loan purchase plan—Resolution-2011-67
• Life insurance
• Corrective eye surgery plan —Resolution 2011-65
29
• Hearing aid device plan —Resolution 2011-66
• Family Medical Leave Act (FMLA)
• Flexible Spending Account (FSA)
Section 11: Retiree's Medical
Employees must retire from the City of Vernon under a CalPERS Benefit Formula (i.e. Age 50 or 57
Formula) to be eligible for Retiree Medical/Dental Benefits.
The City shall pay up to $1,100 per month towards the employee's HMO medical and dental insurance
premium for the employee and his/her eligible spouse in the classifications represented by the Vernon
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 will pay the cost of the HMO medical and dental premiums for those retired employees with
qualifying years of service and age requirements, and offer the PPO as a "buy -up" option, for which
qualifying retired employees shall be responsible for the difference in premium cost.
The City's contribution toward the Retiree HMO Medical/Dental Benefit Plan shall continue for said
retired employee and eligible spouse up to the age of sixty-five (65). Upon reaching the age of sixty-five
(65), the retiree and/or eligible spouse shall apply for Medicare coverage, whereupon the City's insurance
shall become supplemental coverage. The City shall pay up to 100% of the cost to provide any Medicare
supplemental medical and dental insurance plan offered by the City of Vernon, not to exceed $1,100 per
month. The City will not be the primary insurance carrier once the retiree and/or employee reaches the
age of sixty-five (65). If the retiree or eligible spouse fails to timely obtain and maintain Medicare
coverage, the City shall not be required to provide any medical/dental benefits until such Medicare
coverage is obtained and maintained. The maximum $1,100 City contribution shall be applied only
towards a City sponsored Medicare supplemental medical and dental premium plan payment and shall
have no cash surrender value.
All retired employees with a minimum of ten (10) years of continuous uninterrupted service with the City
may pay the City's premium cost for medical and dental insurance up to the age of sixty-five (65) after
which time Medicare will become the primary insurance carrier. The retired employee may remain on the
City's supplemental insurance to Medicare at his/her cost provided the retiree has timely obtained and
maintains Medicare coverage.
30
Should the retired employee fail to pay his/her required cost of the insurance premium for the4
City's medicaUdental 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.
Eligible retired employees and spouse may opt not to enroll in the City's medical and/or dental
insurance coverage and instead receive a monthly reimbursement for premiums actually paid up to the
City HMO medical /dental value up to $1 100 per month as permitted by the Public Employee Pension
Reform Act (PEPRA) Once a retired employee opts not to enroll in the City's medical and/or dental
insurance he or she will not be allowed to re -enroll. All other existing qualifiers in Article Seven, Section
11 shall stay in effect;
31
Formatted: List Paragraph, Justified, Line spacing: 1.5 lines
Formatted: Font: Times New Roman
Formatted: Left
ARTICLE EIGHT
VACATION
Section 1: Vacation Time
A. Annual Accrual For 56-Hour Personnel
• 9 years or less: 13 shifts (12 hours per pay period)
• 10 - 24 years: 15 shits (13.85 hours per pay period)
• 25 or more: 16 shifts (14.77 hours per pay period)
B. Annual Accrual for 40 Hour Personnel
• 9 years or less: 120 hours (4.62 hours per pay period)
• 10 — 24 years: 160 hours (6.16 hours per pay period)
• 25 or more: 170 hours (6.54 hours per pay period)
C. Policy
A Maximum of 1 platoon personnel per shift shall be permitted off on vacation leave.
D. Carry Over of Vacation Leave
Employees are permitted to carry-over one year's annual accrual from calendar year to calendar
year. At the end of every calendar year, employees who have accrued vacation hours in excess of
their permitted carry-over shall be paid their regular rate of pay of all such excess hours.
Section 2: Vacation Leave — Administrative Personnel
At the time an employee is transferred to the administrative work schedule, his or her vacation leave
balance shall be converted from the suppression work schedule rate to the administrative work schedule
rate by dividing the accrued balances by 2.4 (example: 90 hours of suppression vacation time -2.4 =
37.50 hours of administrative vacation time). Said converted balances shall be available for employee's
use while assigned to the administrative work schedule in accordance with applicable policies.
At the time an employee is returned to the suppression work schedule, his or her vacation leave balance
shall be converted back to suppression hours by multiplying the hours by 2.4 (example: 37.50 hours of
administrative vacation time X 2.4 = 90 hours of suppression vacation time). Said converted balances
32
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).
33
ARTICLE NINE
HOLIDAYS
Section 1: In Lieu Holidays
Unit employees shall be credited with three (3) 24-hour holiday "in lieu" shifts (72 hours total) per year.
"In lieu" holidays will be credited to each employee on each July 1 in which he/she is on the active
payroll of the Department in a classification represented by the VFMA and must be taken prior to the
immediately following July 1.
In lieu" holidays may be taken on dates desired by the employee subject to the needs of the Vernon Fire
Department.
Any accrued, unused hours shall be paid at the employee's regular rate of pay, computed in accordance
with the applicable Salary Resolution of Vernon, in the pay period inclusive of June 30'i'._An employee
who quits or is terminated shall not be entitled to any compensation for "in lieu" holidays not taken unless
previously denied.
Should employees represented by the Vernon Firemen's Association (VFA) receive across -the board
enhancements to the existing In -Lieu Holidays between July 1, 20164 and June 30, 20196, a like
enhancement will be provided to employees represented by the VFMA.
Section 2: In -Lieu Holiday Tune — Administrative Personnel
At the time an employee is transferred to the administrative work schedule, his or her balance of In -Lieu
Time shall be suspended and unavailable for use or cash out.
While an employee is assigned to the administrative work schedule (40-hour work week):
1) His or her In -Lieu Holiday Time balance shall remain unavailable for use or cash out until such
time as he or she returns to the suppression work schedule (56-hour work week).
2) He or she shall not receive In -Lieu Holiday Time
3) He or she shall be entitled to the City's holiday pay for each holiday he or she is regularly
scheduled to work as authorized by the City Council.
34
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.
In accordance with Resolution No. 2012-212, Section 13: In Lieu Holidays, an employee who quits or is
terminated shall not be entitled to any compensation for "in lied' holidays not taken unless previously
denied.
If the City Council, during the fiscal year, provides one or more additional holidays to the miscellaneous
employees, that shall not affect the number of "in lied' holidays for the employees represented by the
VFMA.
35
ARTICLE TEN
SICK LEAVE
Section 1: Sick Leave
Unit employees only receive sick leave accrual while they are in a paid status.
Full-time Platoon personnel accrue sick time at the rate of 5.54 hours per pay period (144 hours annually).- Formatted: Line spacing: Multiple 0.96li, No bullets or
Upon reaching the cap, employees will continue to accrue sick leave provided, however, in the final pay numbering, Tab stops:-0.83", Left + -0.5", Left + 0", Left
period in December each year all accrued sick leave in excess of 1440 hours shall be cashed in at fifty + 1.13", Left + 1.88", Left + 2.38", Left + 2.75", Left +
P Y 3", Left + 3.25", Left + 3.75", Left
percent (50%) of the employee's regular rate of pay. Part-time and temporary VFMA employees
(excluding CalPERS retired annuitants) working for 30 or more days within a year shall be entitled to
accrue paid sick days at the rate of one (1) hour per every 30 hours worked. Employee shall only receive
sick leave accrual while they are in a paid status., Formatted: Font: Calibri, Font color: Red
Full-time fEorty-hour (40-hour) personnel accrue sick time at a rate of 3.96 hours per pay period (103
hours annually). Upon reaching the cap, employees will continue to accrue sick leave provided, however,
in the final pay period in December each year all accrued sick leave in excess of 1029 hours shall be
cashed in at fifty percent (50%) of the employee's regular rate of pay. Part-time and temporary VFMA
employees (excluding CalPERS retired annuitants) working for 30 or more days within a year shall be
entitled to accrue paid sick days at the rate of one (1) hour per every 30 hours worked. Employee shall
only receive sick leave accrual while they are in a paid status.
Formatted: Justified, Line spacing: 1.5 lines
Formatted: List Paragraph, Left, Line spacing: single, No
bullets or numbering
A. If an employee se separates or terminates employment with the City, the shall be compensated for Formatted: Justified, Indent: Left: os", Line spacing: 1.5
PY Y P lines _
any accrued sick leave hours at the time of separation up to the cap. Employees that separate from
service with more than 20 years of service credit will be compensated at 100% of their current
pay rate applied to the first 672 sick leave hours (480 hours for 40-hour personnel) and 50% for
sick leave hours after that up to the cap. Employees with less than 20 years of service will be
compensated at 50% of their then current pay rate. Employees shall have the option of obtaining
service credit for their accrued, unused sick leave hours instead of a cash payment pursuant to
California Government Code Section 20965.
E
Formatted: List Paragraph, Left, Line spacing: single, Now
B. If an employee resigns from the City with 20 years or more of continuous service, he/she will be bullets or numbering
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.
Formatted: Indent: Left: 0.5", No bullets or numbering
36
C 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.
D. 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.
E. 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.
Should employees represented by the Vernon Firemen's Association (VFA) amend their MOU contract
language regarding Sick Leave between July 1, 20164 and June 30, 20196, the City and the VFMA agree
to amend the VFMA MOU to incorporate such changes.
Section 2: Sick Leave Conversion
At the time an employee is transferred to the administrative work schedule, his or her sick leave balance
shall be converted from the suppression work schedule rate to the administrative work schedule rate by
dividing the accrued balance by 1.4 (example: 112 hours of .suppression sick leave =1.4 = 80 hours of
administrative .sick time). Said converted balances shall be available for employee's use while assigned to
the administrative work schedule in accordance with applicable policies.
At the time an employee is returned to the suppression work schedule, his or her sick leave balance shall
be converted back to suppression hours by multiplying the hours by 1.4 (example: 80 hours of
administrative sick time X 1.4 = 112 hours of suppression vacation time). Said converted balances shall
be available for employee's use while assigned to the suppression work schedule in accordance with
applicable policies.
37
Formatted: List Paragraph, Left, Line spacing: single, No
bullets or numbering
Formatted: Numbered + Level: 1 + Numbering Style: A, B,
C, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5", Tab stops: 0.25", Decimal aligned
Formatted: Numbered + Level: 1 + Numbering Style: A, B,�
C, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5", Tab stops: 0.25", Decimal aligned
(Formatted: Numbered + Level: 1 + Numbering Style: A, B,
C, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5'
Formatted: Indent: Left: 0.5', No bullets or numbering
Formatted: Indent: Left: 0"
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).
38
ARTICLE ELEVEN
LEAVE BENEFITS
Section 1: Jury Duty
A. All regular full-time employees summoned to serve on jury duty shall be provided "Jury Duty
Pay" and there shall be no loss of compensation. An employee will be compensated up to two
weeks at full pay for jury duty. The employee must provide notice of the expected jury duty to
his or her supervisor as soon as possible, but in no case later than 14 calendar days before the
expected start date of the jury duty.
B. An employee on call for jury duty is expected to report to work. An employee who is called in
for jury duty will be required to return to work as soon as they are released from jury duty. All
employees shall obtain verification of the hours of jury duty performed using verification forms
as may be supplied by the court. Employees released from their jury duty obligations shall notify
their Supervisor. For the purposes of this section. "released from jury duty" shall mean that the
employee is relieved from jury duty for the day and not required to report for jury duty the
following day.
C. Except as herein provided, employees shall remit to the City any compensation received for those
days while on jury duty and shall receive regular pay for the time served. Employees shall be
reimbursed by the City for the mileage portion of the jury duty compensation. Jury duty
performed on an employee's regular day off shall not be compensated by the city and the
employee shall be entitled only to the court's compensation for duty performed on such
employee's regular day off.
D. If an employee is required to serve on a jury for a period longer than two weeks, the employee
shall be entitled, at the employees' option, to use any accrued leave time, other than sick time,
during the period of extended jury service. The employee shall continue to receive all paid
benefits, and shall continue to accrue eligible leave benefits.
Section 2: Bereavement Leave
When an emplayee is eampelled to be absent from dety by f:easan of death or criiie-al illness (where death
t) of a member of the employee's immediate family (fatheF, fWthff. bfother, Sister,
spouse. domestiL paFtneF. ehildFeH. MOther in law. father in law. . grandfathff. a .
39
grandfatherifi- law,
, b , .
eight
��f�r.`fcCci[i vc
Permanent full-time employees regardless of period of service may in the event of death or if death
appears imminent of any "immediate family member" as defined below, including the equivalent
relatives of a registered domestic partner, be allowed up to forty-eight (48) hours over two shifts of
bereavement leave without loss of salary. An employee shall not be granted paid Bereavement Leave
for more than 48 hours in any six-month period for the same family member.
Formatted: Indent: Left: 0", Hanging: 0.25"
Relative
All Regular Employees
Spouse
48 hours
Child
48 hours
Registered Domestic
48 hours
Partner
Step -Child
48 hours
Parent
48 hours
SteR-Parent
48 hours
Mother-in-law
48 hours
Father-in-law
48 hours
Grandchild
48 hours
Step -Grandchild
48 hours
Grandparent
48 hours
Grandparent -in-law
48 hours
Brother
48 hours
Sister
48 hours
Step -Sister
48 hours
Step -Brother
48 hours
Daughter-in-law
48 hours
Son-in-law
48 hours
Brother-in-law*
48 hours
Sister-in-law*
48 hours
*Brother-in-law and sister -in -lain are defined as the spouse of the employee's sibling or the
sibling of the employee's spouse.
B. The bereavement leave begins on the first regularly scheduled workday as requested by the
employee if the employee learns of the death while at work he or she is entitled to leave work
immediately; this partial day leave will not be counted towards the bereavement leave.
40
C. Bereavement leave must be authorized by the Department head and must be utilized within
fifteen (15) days of employee learning of the death or of the date of foreseen imminent death
of the immediate family member, unless special circumstances require that the leave begin at a
later date Such requests to the Department head shall be made within 15 days of the employee
learning of the death or of the date of foreseen imminent death and shall not be unreasonably
denied.
D. Representatives may be selected by the Department head to attend with pay the funeral of a
co-worker in said department on behalf of the City if the funeral of the deceased co-worker
occurs during working hours; provided the funeral is held within a reasonable distance of City
limits. ,
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.
41
Formatted: List Bullet, Left, Indent: Left: 0", Hanging:
0.5", Space After: 12 pt, Line spacing: single
Formatted: Font: Calibri
ARTICLE TWELVE
WORK SCHEDULE
Section 1: FLSA Work Period
The FLSA work period for unit employees assigned to a daily work schedule of twenty four (24) hours
shall be a fixed and regularly recurring work period of twenty-four consecutive days (576 hours).
Section 2: Work Schedules
A. Platoon Personnel
Unit employees assigned to a 56-hour work week shall work a 48/96 work schedule that consists
of two consecutive 24-hour shifts followed by 96 consecutive hours off, on a rotating three
platoon basis (A, B & C Platoon). Employees that work such schedule average 56 hours a week
and 112 hours per pay period.
Unit employees assigned to work a 48/96 schedule shall begin work at 0700 hours and terminate
at 0700 hours following two 24-hour periods.
B. 40-Hour Personnel
Unit employees assigned to work a 40-hour work week shall be assigned to a 4/10 schedule that
consists of four (4) consecutive work days of ten (10) consecutive work hours each, inclusive of
paid breaks and an unpaid 30-minute meal period, followed by three consecutive days off, each
week. Unit employees on such schedule shall be assigned to work Monday through Thursday
between the hours of 07600 to 1730 hours, unless an alternate schedule is approved in writing by Formatted: Not Highlight
the Fire Chief and VFMA.
Section 3: Shift Trades
The practice of shift trading shall be voluntary on behalf of each employee involved in the trade. The
trade must be due to the employee's desire or need to attend to a personal matter and not due to the
department's operations. The employee providing the trade shall not have his/her compensable hours
increased as a result of the trade, nor shall the employee receiving the trade have his/her compensable
hours decreased as a result of the trade.
42
If one individual fails to appear for the other (regardless of the reason), the person who was scheduled to
work as a result of the shift trade will be listed as absent without leave and may be subject to discipline.
Any premium pay or other extra compensation shall continue to accrue only to the person originally
entitled to the premium pay or extra compensation. Any hours worked beyond the normal work day will
be credited to the individual actually doing the work. "Paybacks" of shift trade are the obligation of the
two employees involved in the trade. Pay -backs are to be completed within one (1) calendar year of the
date of the initial shift trade.
Any dispute as to the paybacks is to be resolved by the involved employees, and under no circumstances
will the department be obligated for any further compensation whatsoever to any of the involved
employees. The department is not responsible in any manner for hours owed to employees by other
employees that leave the employment of the City or are assigned other duties. A record of all initial shift
trades and "paybacks" shall be maintained by the involved employees on forms or computers provided by
the Department.
Section 5: Early Relief
The practice of early shift relief shall be voluntary on behalf of each employee involved in the relief. The
employee providing the early relief shall not have his/her compensable hours increased as a result of the
early relief; nor shall the employee relieved early have his/her compensable hours decreased as a result of
the early relief.
"Paybacks" of early relief hours are the sole obligation of the two employees involved in the early relief.
Any dispute is to be resolved by the involved employees, and under no circumstances will the Department
be obligated for any further compensation whatsoever to any of the involved employees. The Department
is not responsible in any manner for hours owed to employees by other employees who leave the
employment of the City or are assigned other duties.
43
ARTICLE THIRTEEN
GRIEVANCE PROCEDURE
Vernon has adopted a grievance procedure applicable to all Firefighters containing the following
principles:
A grievance shall be defined as an allegation by an employee or the Association of
misinterpretation, misapplication or violation of a particular provision of this MOU, City policy,
rule or past practice. The grievance procedure shall not be used in connection with an impasse in
collective bargaining, nor with disciplinary actions or other matters for which appeal procedures
exist under the Disicipline and Disciplinary Actions article herein, or pursuant to statute.
DAYS
"Days" as used herein shall be defined for the purposes of the Article as any day in which -City Hall of
the City of Vernon is open to the public for the general conduct of business.
GRIEVANCE PRESENTATION AND PROCEDURES
Employees shall have the right to present their own grievance or do so through their Association
representative.
Grievances shall be processed on standard forms provided by the Department of Human
Resources and shall contain information which (a) identifies the aggrieved, (b) contains the
specific nature of the grievance (c) indicates the time or place of its occurrence, if known, (d)
states the article(s) of the MOU City policy, rule or past practice which have been violated,
misinterpreted or misapplied (e) indicates the persons contacted at the informal stage if
applicable and (f) states the corrective action desired. Grievances may be submitted via email,
so long as the employee attaches the grievance form to the email by the required time line. If an
employee includes attachments to the grievance form and those attachments are not included in
the email or in -person submission the City shall notify the employee that all attachments were
not included and that the deadline for the City to respond to the grievance will not begin to run
until all the attachments are received.
Failure by management to reply to the employee's grievance within the time limits specified
automatically grants to the employee the right to process the grievance to the next level. Failure
by management to respond shall be reported to the Human Resources Director by either the
aggrieved employee or Association Representative. If an employee fails to appeal from one
level to the next within the time limits established in this grievance procedure, the grievance
shall be considered settled on the basis of the last decision, and the grievance shall not be subject
to further appeal or reconsideration.
44
All time periods specified in this procedure may be extended by mutual written (including email)
consent of the aggrieved employee(e). Association representative and the Human Resources
Director.
INFORMAL PROCEDURE
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 may discuss the complaint with his/her
immediate supervisor. Employees are encouraged to discuss complaints with their immediate
supervisor in an attempt to resolve the grievance at the lowest possible step.
An employee at his or her sole discretion may opt to skip the Informal Procedure resolution
process and instead go directly to Step One If an employee chooses to proceed with the
Informal Procedure he/she or their Association representative shall inform the Human Resources
Director, within one day of initiating the Informal Procedure that he/she has initiated the
Informal Procedure and the date the informal grievance was first discussed with his/her
supervisor.
Within eight (8) des of the discussion with the employee the supervisor shall respond in writing
to the employee's complaint. If the employee is dissatisfied or if the supervisor fails to respond,
the employee shall have access to the formal grievance process described below
Step One — Department Head
The aggrieved employee shall present in writing as prescribed above his/her grievances to the Fire Chief
within ten (10) days of the date the employee(s) knew or reasonably should have known of the incident
giving rise to the grievance The Association and/or employee(s) waives the right to proceed with the
grievance if the grievant does not initiate the procedure by this deadline. Within ten (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 eight (8) days of hearing the grievance the Fire Chief or designee shall present
his/her decision in writing to the Association and/or employee(s) with copies to the Human Resources
Director and the City Administrator.
If the Union or employee(s) is not satisfied with the result of the meeting with the Department Director,
the grievant may submit a written request within eight (8) days of the written decision of the
Department Director, that the matter be heard by the City Administrator or designee.
Step Two - City Administrator/Advisory Arbitration
If the Association or employee(s) is not satisfied with the result of the meeting with the Fire Chief, within
eight (8) days the grievant may submit a written request within eight (8) days of the written decision
45
of the Department Head, that the matter be heard by the City Administrator or designee, or the
employee(s) and/or Association may choose to have the matter heard by an impartial hearing officer
(arbitrator).
Should the matter be submitted directly to the City Administrator or designee, he/she shall meet with
the Association and/or employee(s) within ten (10) days of receipt of the grievant's written notice. If
the Association and/or employee(s) elects to have the matter heard by the City Administrator or
designee the Association and/or employee(s) waives the right to have the matter heard by an
arbitrator. Within eight (8) days of hearing the grievance, the City Administrator shall provide his/her
decision in writing to the Association and/or employee(s). The decision of the City Administrator shall
be final and binding.
If the Association elects arbitration costs of the arbitration shall be shared equally between the
Association and the City. A court reporter shall be retained only by mutual consent of the parties. The
costs of the arbitration including the court reporter, shall be divided in half (i.e. 50/50) by the parties.
Attorney fees staff time and witness fees shall not be shared between the parties and shall be paid by
the party that incurred the cost.
If the Association elects arbitration the City shall request a list of five (5) arbitrators registered with the
American Arbitration Association California State Conciliation Service or some other mutually agreed
upon source within ten (10) days of the Association's request. Upon receipt of the list, the parties shall
alternately strike names from the list until a final name is selected as the hearing officer, with the
Association striking first The selected arbitrator shall serve as the hearing officer. All arbitration
proceedings arising under the Grievance procedure shall be governed by the provisions of Title 9, Part 3,
of the Code of Civil Procedure of the State of California.
Within ten (10) days of receipt of the arbitrator's recommendation the City Administrator shall provide
his/her decision in writing to the Association and employee(s). The recommendation of an arbitrator
shall be advisory to the City Administrator or designee. The decision of the City Administrator shall be
final and binding.
All time limits specified in the foregoing procedure may be waived only by mutual written agreement.
46
Should employees represented by the Vemon Firemen's Association (VFA) amend their MOU
contract language regarding Grievance Procedures between July l 2016 and June 30, 2019, the
City and the VFMA agree to amend the VFMA MOU to incorporate such changes.
The
b a
bb
of the date the empleyee(s) knew
OF FeHSORabl)' should have known of the ineident
rise to the
giving,days
ProLedure
yWithin ten the Fire
or the b
grievant
ASSeeiation to hear the
Within five (5)
of the Fire Chief, Shall Fneet With the
and employee(s) C
days Of heaFiRg the grievance.nevaflee.
the Asseeiation Ew employee(s) is Rot satisfied
with the result of the with the Fife Chief, within
meetingif
lee. OF the
b
G
designee.
officer (afbitffitor).
Should the FRHtteF be submitted difeetly to the City Administrator or
b
Fight
days of heaFifig the C
b.
47
47
C-alifofnia
registered
State Conciliation SerN ice some othef mutually aff-eed
Arbitfation As�oeiation,
days ASSOC-iation'S
of
UPOR Feceipt of the list, the shall.
UP an so UFO e within ten (10) of the
RqUeSt. pai4ies
hearingAfflefiean
officef:, with the
g officer. All arbitFatiOR
pF@eeeElin,-sb
3.
shall be adNisory to the City AdministratOF or designee. The Elecision of the City Administfater shall he
All time lifnits speeified in the b b
48
ARTICLE FOURTEEN TEN
DISCIPLINE PROCEDURE
A. DISCIPLINARY ACTIONS
1. The tenure of every City employee shall be based on reasonable standards of personal conduct
and job performance. Failure to meet such standards shall be grounds for appropriate disciplinary action,
which shall be commensurate with the seriousness of the offense and with consideration of the
employee's personnel file. Progressive discipline will be used; however, this does not preclude the City
from taking disciplinary action, up to and including termination, for an incident for which there is no prior
documentation as long as the disciplinary action is warranted and is based on just cause.
2. The following procedures shall be followed when, in the judgment of the Department Director, an
employee has committed an act or on -fission 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.
49
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.
Employee Response/Pre-Disciplinary Conference
The notice of proposed action shall state the date by which the employee must exercise the right to
respond orally, in writing or both orally and in writing. This represents the pre -disciplinary opportunity
for the employee to state any reasons that he/she believes the proposed action to be inappropriate. The
employee shall have a reasonable amount of time to respond, which shall not be fewer than five days.
This date may be adjusted by mutual agreement. Failure to respond by the assigned date will constitute a
waiver of the right to respond. Any response will be fully considered before any final action is decided
upon.
The Pre -Disciplinary Conference does not need to be an evidentiary hearing. An employee has the right to
have a representative of his or her own choosing at the conference. The City may conduct further
investigation if the employee's version of the facts or new information raises doubts as to the accuracy of
the City's information leading to the discipline proposal.
Written Notice of Final Action
After consideration of the employee's response, or in the absence of a response, written notice of the final
disciplinary action shall be given to the employee. Such notice shall include essentially the same
50
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 without
pay for up to five (5) days pending the processing of the notices required in Section B of this article or
may be suspended with pay pending the completion of such investigations or hearings as may be required
to determine if disciplinary action is to be taken. If the charges and/or allegations are not sustained, the
employee suspended without pay shall be entitled to reinstatement with full back pay and benefits. All
back pay awards related to suspension, demotions and discharges shall include interest as set by Civil
Code §§ 3287 et. seq.
C. DISCIPLINARY APPEAL PROCEDURES
The appeal process shall not be applicable to newly hired probationary employees. The appeal process
shall not be applicable to performance evaluations, or verbal reprimands.
An employee desiring to appeal the discipline shall have ten (10) days after receipt of notice of discipline.
The employee's request for appeal must be addressed to the City Administrator and received in the
Human Resources Department. The Human Resources Department shall date stamp the employee's
appeal to verify the timeliness of the appeal.
If, by the expiration of the (ten) 10 day appeal period, the employee does not file the appeal, unless good
cause for the failure is shown, the discipline shall be considered conclusive and the right of appeal to have
been waived. If the employee files a timely appeal, an appeal hearing shall be established as follows:
1. The employee and the City shall jointly request the State Office of Administrative Hearings to
appoint an Administrative Law Judge (AU) 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 AU fees and court reporter fees, but excluding attorney fees,
expert witness(es) and staff time.
51
2. All appeal proceedings arising under this procedure shall be governed by the provisions of
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the California
Government Code.
3. All time limits specified in the procedure may be waived by mutual written agreement.
4. At the conclusion of the hearing, the AU will submit his/her findings to the City and the
employee. Within ten (10) days of receiving the ALYs findings, the City Administrator shall
provide his/her decision, in writing, to the employee. The City Administrator's decisions shall
set forth which charges, if any, are sustained and the reasons therefor. The opinion shall set forth
findings of fact and conclusions. The City Administrator's decision is final, subject to the option
of the employee to bring a proceeding pursuant to Code of Civil Procedure sections 1094.5 and
1094.6.
Should employees represented by the Vernon Firemen's Association (VFA) amend their MOU contract
language regarding Discipline Procedures between July 1, 20164 and June 30, 20196, the City and the
VFMA agree to amend the VFMA MOU to incorporate such changes.
52
ARTICLE FIFTEEN ELEVEN
MANAGEMENT RIGHTS
Except as limited by the specific and express terms of this Memorandum of Understanding, the City
hereby retains and reserves unto itself all rights, powers, authority, duties and responsibilities conferred
on and vested in it by the laws and the Constitution of the State of California and/or the United States of
America, provided, however, if the City's decision to exercise such rights, powers, authority, duties and
responsibilities impacts the wages, hours and other terms and conditions of employment of unit
employees, the City shall be required to first meet and confer on the impact and effect of such decision.
The City retains all its exclusive rights and authority under State and Federal law and expressly and
exclusively retains its management rights, which include, but are not limited to:
A. The exclusive right to determine the mission of its constituent departments, commissions, and
boards.
B. Set standards and levels of service.
C. Determine the procedures and standards of selection for employment and promotions.
D. Direct employees.
E. Establish and enforce dress and grooming standards.
F. Determine the methods and means to relieve its employees from duty for lawful reasons.
G. Maintain the efficiency of governmental operations.
H. Determine the methods, means and numbers and kinds of personnel by which government
operations are to be conducted.
I. Determine the content and intent of the job classifications.
J. Determine methods of financing.
K. Determine style and/or types of city -issued wearing apparel, equipment or technology to be used.
53
L. Determine and/or change the facilities, methods, technology, means, organizational structure and
size and composition of the work force and allocate and assign work by which the City
operations are to be conducted.
M. Determine and change the number of locations, relocations and type of operations processes and
materials to be used in carrying out all city functions, including, but not limited to, the right to
contract for or subcontract any work or operations of the City.
N. Assign work to employees in accordance with requirements as determined by the City
O. Establish and modify productivity and performance programs and standards.
P. For just cause only, discharge, suspend, demote, reprimand, withhold salary increases and
benefits, or otherwise discipline employees in accordance with applicable state law.
Q. Establish employee performance standards including, but not limited to, quality and quantity
standards, and to require compliance therewith.
R. Take all necessary actions to carry out its mission in emergencies.
S. Exercise complete control and discretion over its organization and the technology of performing
its work.
54
SIGNATURES
CITY OF VERNON VERNON FIRE MANAGEMENT ASSOCIATION
Carlos R. Fandino Jr.
City AdministratorP'MERR"
Isaac Garibay
Director of Human Resources
Lisette M. Grizzelle
Senior Human Resources Analyst
William F. Fox
Director of Finance/City Treasurer
Ana K. Rueda
Human Resources Analyst
APPROVED AS TO FORM:
Zaynah Moussa
Deputy City Attorney
Dated: 2016
David Lazar
President
David Kimes
Vice President
Andrew Guth
Treasurer
Todd Painton
Secretary
APPROVED AND ADOPTED BY CITY COUNCIL ON PER
RESOLUTION NO.
ATTEST:
Maria Ayala, City Clerk
55
Dated:
CONTRACT/AMENDMENT SIGNATURE ROUTING FORM
CONTRACTOR: Vernon Fire Management Association
CONTRACT PURPOSE: Memorandum of Understanding July 1, 2016 — June 30, 2019
CONTRACT IS: ❑ FEDERAL ❑ PREVAILING WAGE ❑ COMPETITIVE SELECTION & NOTICED RFP
❑ COMPETITIVE BID & NOTICED INVITATION TO BID
❑ EXEMPT FROM COMPETITIVE PROCESS (APPROVAL ATTACHED)
❑ SERVICES ❑ MATERIALS ❑ BUDGETED ❑ NOT BUDGETED
TOTAL CONTRACT VALUE: $
Charge Acct. No(s)
Amendment Value $ ❑ Contract is an Amendment to Contract No.
(if applicable)
RESPONSIBLE DEPARTMENT PERSON: Lisette M. Grizzelle
PHONE: ext. 166
AUTHORIZATION: VApproved by Council on 07/12/2016
(Check One) Resolution No. 2016- (if applicable)
❑ Approved by City Administrator n
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 Person
Checks substance of contract and assembles two (2) copies of
'a
contract, insurance & bond documents, certifies compliance
with Competitive Bidding and Purchasing Ordinance
(2) Liability and Claims �' J 1 I 1
Approves insurance and sureties, if bonds required V
(3) Finance (Purchasing)
Checks compliance with Competitive Bidding & Living Wage Ordinances
and reflected in current budget
(4) City Attorney
Approves contract as to form, verifies bonds and insurance included
(5) City Signatory
Signs all copies on behalf of City
(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. 1/27/14
TR.ANSM[ITTAL COMMUNICATION
.a11 of �Cr•-
OFFICE OF THE CITY CLERK
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
September 7, 2016
Vernon Fire Management Association
Attn: David Lazar, President
4305 Santa Fe Avenue
Vernon, CA 90058
Re: Vernon Fire Management Association — Memorandum of Understanding for the Period of
July 1, 2016 — June 30, 2019
Dear Mr. Lazar:
Please find enclosed a copy of the fully executed original Memorandum of Understanding
approved by City Council on July 12, 2016, through Resolution No. 2016-37.
If you have any questions regarding this matter, please call Carlos Fandino, at (323) 583-8811
ext. 570.
Very tr�t ly yours,
orah R. Juarez
Records Management Assistant
Enclosure
c: Carlos Fandino
William Fox
Lisette Grizzelle
Michael Wilson
Resolution No. 2016-37
Agreement No. 16-080
Excfusive� Industfiaf
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
m
VERNON FIRE MANAGEMENT ASSOCIATION
July 1, 2016 through June 30, 2019
laEflNOa►
TABLE OF CONTENTS
MEMORANDUM OF UNDERSTANDING
FULLY EXECUTED AGREEMENT
Parties to the Memorandum of Understanding.......................................................... 6
ARTICLE ONE: FUNDAMENTALS
Section 1:
Recognition.............................................................................7
Section 2:
No Discrimination.....................................................................7
Section 3:
Mutual Cooperation....................................................................8
Section4:
Layoffs..................................................................................8
Section 5:
No Strikes or Lockouts................................................................8
Section 6:
City / VFMA Meetings.................................................................
8
Section 7:
Association Business...................................................................8
Section 8:
Association Leave.......................................................................9
Section 9:
Driver License Requirement........................................................... 9
Section 10:
Payroll Deduction........................................................................9
Section11:
Term.....................................................................................10
ARTICLE TWO: LEGAL LIMITATIONS, SAVINGS CLAUSE & TERM
Section 1: Legal Limitations and Savings Clause.............................................................10
Section 2: Maintenance of Existing Conditions...................................................10
Section 3: Modification and Waiver...................................................................................11
Section 4: Severability.............................................................................. I I
ARTICLE THREE: SALARIES
Section1: Salaries...............................................................................................................14
Section 2: Merit Steps................................................................................ 14
Section 3: Salary Adjustment Increase.......................................................... 15
Section 4: Bilingual Pay............................................................................ 15
Section 5: Educational Incentive Pay................................................................ 15
2
Section 6:
Chief Officer Certificate — Prior to July 1, 2014.....................................
16
Section 7:
Chief Officer Certificate — After July 1, 2014.......................................
16
Section 8:
Hazardous Materials Specialist Pay ...................................................
16
Section 9:
Urban Search and Rescue Specialist Pay ..............................................
17
Section 10:
Physical Fitness/Wellness Program ...................................................
17
Section 11:
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................................................18
ARTICLE FIVE: OVERTIME
Section 1: Overtime Authorization................................................................ 19
Section 2: Compensatory Time...................................................................... 20
Section 3: Compensatory Time Payment upon Termination .................................... 20
Section 4: Usage of Compensatory Time Earned ................................................ 20
Section 5: Leave Inclusion.......................................................................... 20
Section 6: Training and Recertification............................................................ 21
Section 7: Call Backs................................................................................. 21
Section 8: Non-Compensable....................................................................... 22
ARTICLE SIX: UNIFORMS
Section 1: Uniform Allowance..................................................................... 23
ARTICLE SEVEN: BENEFITS
Section 1: Public Employees Retirement System.................................................24
3
Section 2: Supplemental PERS Benefits........................................................... 24
Section 3: Cafeteria Plan............................................................................. 25
Section4: Medical................................................................................... 25
Section5: Dental..................................................................................... 27
Section6: Vision...................................................................................... 27
Section 7: Life Insurance............................................................................. 27
Section 8: Deferred Compensation................................................................. 28
Section 9: Education Reimbursement.............................................................. 28
Section 10: Other Employee Programs.............................................................. 28
Section 11: Retiree's Medical........................................................................ 28
ARTICLE EIGHT: VACATION
Section 1: Vacation Time..............................................................................30
Section 2: Vacation Leave: Administrative Personnel .......................................... 30
ARTICLE NINE: HOLIDAYS
Section 1: "In Lieu" Holiday Time................................................................. 32
Section 2: "In Lieu" Holiday Time — Administrative Personnel ............................... 32
ARTICLE TEN: SICK LEAVE
Section1: Sick Leave................................................................................. 34
Section 2: Sick Leave Conversion.................................................................. 35
ARTICLE ELEVEN — LEAVE BENEFITS
Section1: Jury Duty.................................................................................. 37
Section 2: Bereavement Leave..................................................................... 37
ARTICLE TWELVE: WORK SCHEDULE AND ABSENCES
2
Section 1: FLSA Work Period .................................................. • ... • ............... 40
Section 2: Work Schedules........................................................................... 40
Section 4: Shift Trades............................................................................... 40
Section 5: Early Relief............................................................................... 41
ARTICLE THIRTEEN: GRIEVANCE PROCEDURE
Grievance Procedure Steps................................................................................ 42
ARTICLE FOURTEEN: DISCIPLINE PROCEDURE
Discipline Procedure....................................................................................... 46
ARTICLE FIFTEEN: MANAGEMENT RIGHTS
ManagementRights.......................................................................... • • ............. 50
SIGNATURE PAGE
Signatures.................................................................................................... 52
5
MEMORANDUM OF UNDERSTANDING
11.3NI1`,'/DI04eI
CITY OF VERNON
F.1a 01
VERNON FIRE MANAGEMENT ASSOCIATION
Parties to the Memorandum of Understanding
Pursuant to Chapter 10 (section 3500 et sec) of Division 4, Title 1 of the Government Code and
Resolution No. 4027, the Resolution for the administration of Employer -employee relations, the matters
within the scope of representation that are set forth in this Memorandum of Understanding (MOU) have
been discussed by and between representatives of the City of Vernon and the representatives of the
Vernon Fire Management Association, (hereinafter "VFMA"), and except as otherwise specifically
provided herein shall apply only to those defined in the aforesaid Resolution as "full-time sworn and
regular part-time employees in the Fire Department management and confidential employees," otherwise
known as Chief Officers.
This MOU constitutes a joint agreement by the Municipal Employee Relations Representative ("MERR")
and the VFMA, to be submitted to the City Council of Vernon for its determination and approval by one
or more Resolutions or Ordinances as the City Council may deem fit and proper.
The MERR and the Representative of the VFMA have agreed that they will jointly urge the City Council
of Vernon to adopt one or more Resolutions or Ordinances reflecting the changes in wages, hours, and
other conditions of employment agreed upon in this MOU.
If approved, the terms agreed upon by this MOU shall take effect on July 1, 2016, and shall expire at
midnight on June 30, 2019.
IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN STATED, the VFMA and the
City of Vernon agree as follows:
ARTICLE ONE
FUNDAMENTALS
Section 1: Recosnition
The City recognizes the Vernon Fire Management Association as the exclusive recognized employee
organization on behalf of all full-time sworn, management personnel engaged in fire prevention,
suppression, administration and paramedic services within the City, including, but not limited to,
employees occupying the job classifications of Assistant Fire Chief, Fire Battalion Chief, Administrative
Fire Battalion Chief, and Fire Marshal.
Section 2: No Discrimination
The City and the Association are committed to working together to support a work environment
characterized by fair treatment and access to equal opportunities.
The provisions of this Memorandum of Understanding shall be applied equally to all employees covered
hereby. Neither the City nor the VFMA shall discriminate against any individual, applicant or employee
with respect to his compensation, terms, condition, or privileges of employment or because of an
individual's race, color, sex, religion, national origin, age, marital status, disability, pregnancy, sexual
orientation, political or religious opinions or affiliations, or membership or non -membership in the
VFMA.
The terms "they" and "their" may be used in this agreement as substitutes for the terms "his," "her,"
"his/her," "he," "she," or other terms which would indicate masculine or feminine gender. Whenever the
male gender is used herein it shall be construed to refer to both male and female employees.
Except as limited by the specific and express terms of this Memorandum of Understanding, the
Association hereby retains and reserves unto itself all rights, powers, authority, duties and responsibilities
conferred on and vested in it by the laws and the Constitution of the State of California and/or the United
States of America. The parties specifically agree that neither VFMA nor any VFMA representative or
member shall be discriminated against, intimidated, coerced, disciplined or retaliated against because of
the lawful exercise of its or his rights, including, but not limited to, the right to participate in VFMA
activities, serve as a VFMA officer or director, or otherwise represent the interests of VFMA.
7
Section 3: Mutual Cooperation
The parties recognize the necessity of cooperating on matters of mutual concern and interest and agree to
work together to maximize the effectiveness of the Fire Department and the City and to accomplish goals
in their mutual interest.
Section 4: Lavoffs
In accordance with the Meyers-Milias Brown Act, the City and the VFMA shall meet and confer on the
effect of its actions to lay off any employee represented by the VFMA. This will occur prior to
implementation except in emergency circumstances as defined in law. The agreement to meet and confer
over the effect of the exercising of a City right shall not in any way impair the right of the City to exercise
and implement any of its rights to layoff.
Section 5: No Strikes or Lockouts
During the life of this agreement no work stoppages, strikes, or slowdowns shall be caused or sanctioned
by the VFMA, and no lockouts shall be made by the City.
Section 6: City/VFMA MeetinEs
Representatives from the VFMA and the City shall meet as needed to discuss issues of mutual concern.
Section 7: Association Business
Representatives of the VFMA shall be allowed time to conduct their Association business as necessary
during work hours. Representatives of the VFMA shall have reasonable access to the work sites of unit
employees at any time during the working hours to conduct Association business as long as such visits do
not unreasonably interfere with the conduct of the City's usual business and the employee's work.
Coordination of such work will be made with the Fire Chief to ensure the availability of staffing levels for
such meetings. Representatives of VFMA may use any Fire Department facilities free of charge for its
Board of Directors and general membership meetings provided such facility is not otherwise booked.
VFMA shall secure approval from the Fire Chief for the date and time it wishes to secure use of the
8
facility. The granting of such approval will be made if the City facility is not otherwise scheduled to be
used at the time of VFMA's request.
No unit employee shall engage in political activity while on duty or in uniform.
Section 8: Association Leave
The VFMA President will have available to him/her a total of 240 hours of Association Leave Time at the
beginning of each calendar year for conducting Association business off duty during time he and/or any
of his Association board members would be regularly scheduled to work.
A. The VFMA President will be responsible for assigning any Leave Time to his board members.
Unused hours may not be carried over from one year to the next without the written authorization
of the Fire Chief or his designee.
B. In each case where Leave Time is requested, such request must be in writing to the Fire Chief a
minimum of 72 hours before the Leave Time is needed unless the minimum notice period is
waived in writing by the Fire Chief or his designee.
C. Association Leave Time will not be granted if it will cause overtime unless it is authorized in
writing by the Fire Chief or his designee.
D. In no case will Association Leave Time be used for political action purposes.
Section 9: Driver's License Reguirement
Firefighters of all ranks from Assistant Fire Chief and below must maintain at the minimum a Class C
driver's license with a firefighter endorsement. Exceptions to this requirement must be approved in
writing by the Fire Chief.
Section 10: Payroll Deduction
The City shall, during the term of this agreement, effect a payroll deduction for membership dues, service
fees and other charges authorized pursuant to an executed form signed by the employee permitting such
deductions. Any payroll deductions collected by the City shall be transmitted on a biweekly basis to the
treasurer of the Association, or such other party designed in writing by the Association. The City shall not
be obligated to put into effect any new, changed, or discontinued deduction until the first pay period
commencing not more than thirty (30) days after receiving the request. This provision shall remain
operative as long as VFMA is the exclusive recognized employee organization of unit employees.
9
Section 11• Term
(a) Except as otherwise provided herein, this Memorandum of Understanding shall be in full force and
effect from July 1, 2016, and shall remain in full force and effect up to and including midnight,
the 30th day of June 2019 or until the next Memorandum of Understanding becomes effective.
(b) This Memorandum of Understanding shall be binding on the City and the Union when approved
and adopted by the City Council.
ARTICLE TWO
LEGAL LIMITATIONS, SAVINGS CLAUSE, AND TERM
Section 1: Legal Limitations and Savings Clause
It is understood and agreed that this Memorandum of Understanding (including, but not limited to, the
provisions of the Fair Labor Standards Act) and any and all Resolutions or Ordinances adopted in
implementation thereof are and shall be subject to all present and future applicable federal and state laws
and regulations and shall be effective and implemented only to the extent permitted by such laws and
regulations.
If any part of this Memorandum of Understanding or of any Resolution or Ordinance adopted in
implementation thereof is in conflict or inconsistent with any such applicable provisions of federal and
state laws or regulations or otherwise held to be invalid or unenforceable by any tribunal of competent
jurisdiction, such part or provision shall be suspended and superseded, and such applicable laws and
regulations and the remainder of this Memorandum of Understanding shall not be affected thereby and
shall remain in full force and effect;
Section 2: Maintenance of Existing Conditions
Any employment policy, practices and/or benefits, including the alternative workweek schedule and
overtime compensation are incorporated into this Memorandum of Understanding, unless
otherwise stated herein. In the event of a conflict between the Memorandum of Understanding and
an existing policy and/or practice, this Memorandum of Understanding shall govern.
10
Section 3: Modification and Waiver
The City reserves the right to add to, delete from, amend or modify the Administrative rules, the City
Municipal Code, and the City's Personnel Policies and Procedures Manual during the term of the
Memorandum of Understanding, subject to the requirements of the Meyers-Milias-Brown Act and the
Firefighters Procedural Bill of Rights Act.
Section 4: Severability.
In the event that a court finds any provision(s) of this Memorandum of Understanding to be invalid or
unenforceable, the parties intend that the remaining provisions remain in effect. The parties further
agree to meet and confer for purposes of negotiating an alternative to any provision declared invalid
or unenforceable.
11
ARTICLE THREE
SALARIES
Section 1: Salaries
Effective the beginning of the pay period containing July 10, 2016, the following salary ranges are
established for employees represented by the VFMA based upon the results of the City wide classification
and compensation study at the 75th percentile, and consistent with the proposed grade and step pay plan.
Effective July 10, 2016, VFMA employees shall be placed at the grade and step that is closest to, but not
lower than their current base salary.
a. Effective July 10, 2016 (first full pay period in July), the base salary schedule will
be increased by 2%.
b. Effective July 9, 2017, the base salary schedule will be increased by an additional
2%.
C. Effective July 8, 2018, the base salary schedule will be increased by an additional
2%.
Classification and Compensation Plan - Effective July 10, 2016
Assistant Fire Chief
Fire Battalion Chief (P)
Fire Battalion Chief (A)
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
12
E FM42
NE FM38
NE FMA38
$13,890
$14,585
$15,314
$16,080
$16,884
$11,427
$11,998
$12,598
$13,228
$13,890
$11,427
$11,998
$12,598
$13,228
$13,890
Fire Marshal
NE
FM38
Step 1
$11,427
Step 2
$11,998
Step 3
$12,598
Step 4
$13,228
Step 5
$13,890
Classification and Compensation
Plan - Effective
July 9, 2017
Assistant Fire Chief
E
FM42
Step 1
$14,179
Step 2
$14,888
Step 3
$15,632
Step 4
$16,414
Step 5
$17,235
Fire Battalion Chief (P)
NE
FM38
Step 1
$11,666
Step 2
$12,249
Step 3
$12,861
Step 4
$13,504
Step 5
$14,179
Fire Battalion Chief (A)
NE
FMA38
Step 1
$11,666
Step 2
$12,249
Step 3
$12,861
Step 4
$13,504
Step 5
$14,179
Fire Marshal
NE
FM38
Step 1
$11,666
Step 2
$12,249
Step 3
$12,861
Step 4
$13,504
Step 5
$14,179
Classification and Compensation
Plan - Effective
July 8,
2018
Assistant Fire Chief
E
FM42
Step 1
$14,462
Step 2
$15,185
13
Step 3
Step 4
Step 5
Fire Battalion Chief (P)
Step 1
Step 2
Step 3
Step 4
Step 5
Fire Battalion Chief (A)
Step 1
Step 2
Step 3
Step 4
Step 5
Fire Marshal
Step 1
Step 2
Step 3
Step 4
Step 5
Section 2: Merit Steps
NE FM38
NE FMA38
NE FM38
$15,944
$16,741
$17,578
$11,897
$12,492
$13,117
$13,773
$14,462
$11,897
$12,492
$13,117
$13,773
$14,462
$11,897
$12,492
$13,117
$13,773
$14,462
Effective July 10, 2016, employees who are not at the top step of their Classification
Compensation Plan and have attained one year of an overall "satisfactory" or higher performance
evaluation rating, as of their immediately preceding classification anniversary date, shall receive
one merit salary advance. Effective July 2017, and for the remainder of this agreement,
employees who are not at the top step of their Classification Compensation Plan and who
achieve an overall "exceeds standards" ranking during their annual performance review in
accordance with the City's Performance Evaluation Policy will receive one merit salary advance
on the first full pay period in July. Employees shall continue to receive their annual evaluations
as scheduled in the City's Performance Evaluation Policy and employees may receive more than
one annual merit salary advance during the term of this Agreement.
14
Section 3: Salary Adiustment Increase
In the event there is a salary inequity between ranks or between employees within the Department, the
Fire Chief, with approval of the City Administrator, may implement a service adjustment increase up to
ten percent (10%) per month of their base salary.
Section 4: Bilingual Pay
A unit employee may be compensated for bilingual skills after the employee demonstrates proficiency in
speaking a foreign language (the ability to read and write in a foreign language may also be tested, if
necessary), which proficiency would be determined by successful completion of a foreign language
proficiency test designated by the Human Resources Department. Those employees who successfully
demonstrate this skill are eligible to receive an additional One Hundred Twenty -Five Dollars ($125.00)
per month for bilingual pay and shall not be considered to be part of the employee's base monthly salary
when computing incentive pay.
Section 5: Education Incentive Pay
• 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%.
15
• Should employees represented by the Vernon Firemen's Association (VFA) receive across -the
board enhancements to the existing Education Incentive Pay between July 1, 2016 and June 30,
2019, a like enhancement will be provided to employees represented by the VFMA.
Section 6: Chief Officer Certificate — Employees promoted prior to July 1. 2014
Effective July 1, 2014, VFMA employees who were promoted to a Fire management position prior to
July 1, 2014 and hold a Chief Officer Certificate, or have completed coursework equivalent thereto (i.e.,
California State Fire Training Professional Certification Track for Chief Officer) shall receive an annual
education incentive stipend in the amount of $2,000, in two equal, semi-annual installments. The first
installment of $1,000 shall be paid with the first paycheck in January, and the second installment of
$1,000 shall be paid with the first paycheck in July.
Section 7: Chief Officer Certificate —Employees promoted on or after July 1. 2014
Effective July 1, 2014, VFMA employees who were promoted on or after July 1, 2014 and hold a Chief
Officer Certificate shall receive an annual education stipend in the amount of $2,000, in two equal, semi-
annual installments. The first installment of $1,000 shall be paid with the first paycheck in January, and
the second installment of $1,000 shall be paid with the first paycheck in July.
Section 8: 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.
Should employees represented by the Vernon Firemen's Association (VFA) receive across -the board
enhancements to the existing Hazardous Materials Specialist Pay between July 1, 2016 and June 30,
2019, a like increase will be provided to employees represented by the VFMA.
16
Section 9: Urban Search and Rescue (USAR) Pa
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) 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.
Should employees represented by the Vernon Firemen's Association (VFA) receive across -the board
enhancements to the existing USAR Pay between July 1, 2016 and June 30, 2019, a like increase will be
provided to employees represented by the VFMA.
Section 10: Physical Fitness/Wellness Prosram
This program is mandatory for all fire safety personnel. Any individual who after one (1) year of
participation has completed a pre-program fitness evaluation, minimum participation requirements, bi-
annual fitness evaluations and verification of participation by the Fire Chief will receive two hundred fifty
dollars ($250.00). The Physical Fitness/Wellness program is attached hereto as Attachment "A", and
incorporated herein.
Section 11: Computation of Pay
A. Unit employees assigned to a 40-hour work week shall be paid on an hourly basis. The hourly
rate shall be the product of dividing the monthly salary by 173.333. Upon being assigned to a 40-
hour schedule an employee's accrued leave shall be reduced by a factor of 1.4 and paid to the
employee upon use or separation at the employee's 40-hour regular rate of pay. Upon being
reassigned to a 56-hour schedule, all such accrued leave shall be increased by a factor of 1.4.
B. 56-hour platoon personnel
Unit employees assigned to a fifty-six (56) hour work week would be paid a widely fluctuating
amount each pay period if they were paid for hours actually worked; therefore, such employees
shall be paid for the average number of hours in a two (2) week period, one hundred and twelve
(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 15 years of service with the City of Vernon.....................15%
above base pay
Upon attaining 20 years of service with the City of Vernon.....................20%
above base pay
Upon attaining 30 years of service with the City of Vernon
an Assistant Fire Chief, Fire Battalion Chief, or Fire Marshal
........................25% above base pay
Section 2: Employees Hired After June 30,1994 and before December 31, 2013
Upon attaining 5 years of service with the City of Vernon........................5% above base pay
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 on a rank -for -rank basis by first referring to the list of personnel
in the same rank as the vacancy who have signed up for overtime availability for that day. The
individual in the same rank with the least overtime worked that calendar year will have the first
opportunity to work the overtime vacancy.
If that employee does not elect to work the overtime shift, the person in the same rank as the
vacancy with the next least amount of overtime worked that calendar year will have the next
opportunity. This process will be followed until the overtime vacancy is filled or the list of
personnel within the same rank as the vacancy is exhausted.
In the event the vacancy is unfilled, the same process will be used for those personnel who have
signed up as available to work overtime that day who are qualified to act in the rank in which the
vacancy exists. If that list is also exhausted and the vacancy is not filled, the person that is not
presently working and that is of the same rank as the vacancy with the least mandated overtime
worked that calendar year shall be mandated to work the overtime shift.
C. What Overtime Vacancies Will Be Filled
a. Any vacancy in the Fire Battalion Chief rank that is the result of an employee using vacation
leave shall be filled first by a Fire Battalion Chief. If a Fire Battalion Chief is unable to fill
19
the position then an Acting Fire Battalion Chief from the established Acting List will fill the
position.
b. A vacancy that is the result of an employee using sick leave may be filled at the discretion of
the Fire Chief.
Section 2: Compensatory Overtime
A. For fire suppression employees having an average work week of 56 hours, compensatory time
shall accumulate at the premium rate of one and one-half (1 '/2) hours of compensatory time for
each one (1) hour of overtime actually worked in excess of the employee's regular scheduled
working hours for a 24 day work cycle.
B. For employees having an average work week of forty (40) hours, compensatory time shall be
accumulated at the premium rate of one and one-half (1 %2) hours of compensatory time for each
one (1) hour of overtime actually worked during the employee's regular work week up to a
maximum accrual of 480 hours.
Section 3: Compensatory Time Payment upon Termination
Employees shall be entitled to receive payment for all accumulated compensatory time upon their
termination.
Section 4: Usage of Compensatory Time Earned
Accumulated compensatory time off may be taken by an employee in the same manner as vacation time
as described in Article Eight of this MOU.
Section 5: Leave Inclusions
A. In determining an employee's eligibility for overtime compensation in a work period, paid leaves
of absence will be included in the total number of hours worked. Paid leaves of absence include,
but are not limited to, the following:
1. Holiday Leave / In -Lieu Leave
2. Administrative Leave
3. Compensatory Leave
4. Workers' Compensation Leave (4850 time)
20
5. Jury Duty
6. Bereavement Leave
7. Military Leave
B. Vacation and Sick Leave - In determining an employee's eligibility for overtime compensation,
vacation and sick leave shall not be included in calculating the total number of overtime hours
worked in a 7-day work week. At the time of MOU ratification, the implementation of this
provision was still being analyzed. If the City confirms that calculation based on a 7-day work
week is enforceable under the Fair Labor Standards Act, this provision will be implemented after
the City provides the VFMA written notice of its confirmation, and a date certain on which this
provision will take effect. If this provision is found to be unenforceable, the City and the
Association agree to a re -opener to discuss the exclusion of vacation and sick leave counting
towards overtime within a work week.
Section 6: Training and Recertification Time
Training time that is required is compensable.
Recertification time that is directly related to an employee's job will be compensable if completed during
assigned work hours or authorized for overtime by the Fire Chief.
Section 7: Call Backs
Call Back duty occurs when an employee is ordered to return to duty on a non -regularly scheduled work
shift. Call back does not occur when an employee is held over from his/her prior shift or is working prior
to his/her regularly scheduled shift.
An employee called back to duty shall be credited with a minimum of four (4) hours work. Any hours
worked in excess of four (4) hours shall be credited on an hour -for -hour basis (at time and one-half
compensation) for actual time worked.
When an employee is called back, his/her work time shall be credited commencing upon the time the
employer has made direct contact with the employee.
21
Section 8: 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 utilize or not utilize the locker for
storage and changing purposes at his/her own discretion.
Nothing herein prevents an employee from wearing his/her uniform to and/or from his/her
residence to work as long as the badge and insignia are covered in a non -unit issue garment such
as a windbreaker.
Time spent changing clothes before or after shift is not considered hours worked and is not
compensable in any manner whatsoever.
An employee shall be allowed to make off duty presentations without compensation in uniform
upon the approval of the Fire Chief.
22
ARTICLE SIX
UNIFORM ALLOWANCE
Section 1: Uniform Allowance
On the first pay check in August of each year, each unit employee shall be paid the sum of One Thousand
Dollars ($1000.00) for the purchase of uniforms. A unit employee hired by the City shall receive an initial
issue of uniforms. Uniform allowance is special compensation that shall be deemed earned when paid and
shall be reported to CalPERS as compensation earnable.
The City shall provide all unit employees all required safety equipment, including, but not limited to,
work boots.
23
ARTICLE SEVEN
BENEFITS
Section 1: Public Employee Retirement System VIPERS")
The City shall maintain its contract with the California Employees Public Retirement System (Ca1PERS)
that provides VFMA unit employees with the three percent (3%) at 50 safety retirement benefit plan.
As a result of the recent passage of AB 340 Public Employee Pension Reform Act (PEPRA), new
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 Ca1PERS retirement benefit plan.
Unit members identified as Ca1PERS "Classic Members " shall be responsible for paying their Ca1PERS
nine percent (9%) employee's contribution. Unit members identified as "New Members" under the
Ca1PERS definition as a result of PEPRA shall be responsible for paying their applicable CalPERS
employee's contribution.
Section 2: Supplemental PERS Retirement Benefits
The City agrees to provide additional supplemental retirement benefits to VFMA unit employees under
Ca1PERS as follows:
• Gov't Code Section: 20042 — One Year Final Compensation:
Final compensation is the average full-time monthly pay rate for the highest twelve (12)
consecutive months.
• Gov't Code Section: 20124 - Military Service Credit as Public Service:
Employees may elect to purchase up to four (4) years of service credit.
• Gov't Code Section: 21574 — 4th Level of 1959 Survivor Benefits:
• Gov't Code Section: 21624 & 21626 & 21628 - Post Retirement Survivor Allowance:
Provides surviving spouse fifty percent (50%) of the amount of retirement allowance, dependent
on option choices, that is in effect at the time of death of retiree.
• Pre -Retirement Option 2W Death Benefit 21548
24
• Gov't Code Section: 20965-Credit for Unused Sick Leave
Section 3: Cafeteria Plan
The City and the Association agree to a section 125 cafeteria plan (non -cash out),
effective July 1, 2016. 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, B,
C, and D 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.
Section 4: Medical:
The City offers various medical plans to employees. The City reserves the right to select, administer, or
fund any fringe benefit programs involving insurance that now exist or may exist in the future.
The City shall meet with the Association prior to any change of insurance carrier or method funding
coverage for any fringe benefits listed in this article.
A. During the term of the Agreement, for employees who elect Employee + Family
coverage, the City agrees to provide a cafeteria plan contribution equal to the total
premium costs of the Employee + Family Low Medical HMO, Employee + Family
lowest cost Dental DMO and lowest cost family vision plan. Employees enrolled in the
Employee + Family health benefits category that elect a health plan higher than the Low
HMO medical, dental and/or vision, will be responsible for any applicable premium costs
through a pre-tax payroll deduction. The City understands that this amount will vary
based on the premium costs that go into effect on January 1 st of each calendar year of the
term of this Agreement. If employees opt out of dental and/or vision, they may use the
allotments for those respective coverages toward excess medical premiums.
B. During the term of the Agreement, for employees who elect Employee -Only, Employee +
Spouse and Employee + Children tiers, the City agrees to provide the same flat dollar
cafeteria contribution for medical, dental and vision benefits that the City is paying as of
June 2016 for these employee health group tiers. That amount is $1,100 per month.
Employees who elect one of these tiers must pay for their dental and vision benefits from
this cafeteria contribution. The parties understand and agree that this amount will remain
fixed during the term of this Agreement. Provided, however, should the total premium
cost of the lowest cost medical HMO, lowest cost Dental DMO, and lowest cost vision
plan exceed the current flat rate dollar cafeteria contribution for medical, dental, and
vision benefits for any of the tiers, then the contribution for that tier will be raised to
25
equal the total premium costs of the Low Cost Medical HMO, lowest cost Dental DMO,
and lowest cost vision plan for that tier. Employees that elect a health plan higher than
the applicable City contribution will be responsible for any applicable premium costs
through a pre-tax payroll deduction. If employees opt out of dental and/or vision, they
may use the allotments for those respective coverages toward excess medical premiums.
C. For unit employees enrolled in the HSA PPO plan, the City shall pay up to the city
contribution for their specific tier as set forth in A and B above reduced by an annual
amount of $3,000. 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 employees that exceeds the City contribution amount
shall be paid the employee through a pre-tax payroll deduction.
D. During the term of the Agreement, Employees will be allowed to opt in to the Employee
+ Family plan during any open enrollment period or upon a qualifying event as
prescribed by the City's insurance provider.
E. Should employees represented by the Vernon Firemen's Association (VFA) receive
across -the board enhancements to the existing medical benefit program between Julyl,
2016, and June 30, 2019, a like increase will be provided to employees represented by the
VFMA.
26
Section 5• Dental
The City of Vernon offers a dental insurance plan to employees. Employees may apply any unused
portion of their monthly medical allowance toward the purchase of dental insurance for themselves and
eligible dependents. The cost of any plan selected by the employee that exceeds his/her monthly
employer medical allowance shall be paid by the employee through a pre-tax payroll deduction.
Should employees represented by the Vernon Firemen's Association (VFA) receive across -the board
enhancements to the existing dental benefit program between July 1, 2016, and June 30, 2019, a like
increase will be provided to employees represented by the VFMA
Section 6: Vision:
The City of Vernon provides a vision care plan to employees. The City shall pay 100% of the cost of such
a plan for employees only. Employees shall have the option of purchasing vision care for their dependents
at a cost of $6.95 for one dependent or $13.95 for two or more dependents. Employees may purchase
dependent coverage through the City by pre-tax payroll deduction and/or applying any unused portion of
the City's monthly medical allowance.
All itemized benefit amounts specified in the City of Vernon Vision Plan (CVVP) that fall below
$150 shall be raised to $150.
Should employees represented by the Vernon Firemen's Association (VFA) receive across -the board
enhancements to the existing vision benefit program between July 1, 2016 and June 30, 2019, a like
increase will be provided to employees represented by the VFMA
Section 7: Life Insurance:
The City provides a life insurance plan to employees. The City shall pay 100% of the cost of such plan for
employees.
The City's agreement to pay full or partial costs of said premiums shall not create or ripen into a vested
right for said employee; however, the City shall be obligated to pay the cost or provide said medical,
dental, vision, and life insurance benefits as described so long as this MOU remains in effect.
27
Section 8: Deferred Compensation
The City shall continue to administer the existing 457 deferred compensation program for all unit
employees.
Section 9: Education Reimbursement
The educational reimbursement program is a financial assistance program that offers reimbursements for
tuition, fees and books up to a maximum of $2,200 per fiscal year. The fiscal year is July 1 through June
30. Employees are eligible for this assistance after 12 months of uninterrupted employment with the City
of Vernon.
A grade of "C" or better (or "pass" if on a pass/fail basis) is required for reimbursement. A request for
reimbursement must be made within 60 days of receipt of grades and should include the following: a copy
of the final grade report, a copy of expenses for tuition, fees, and books; and a completed and signed
tuition reimbursement form.
Sectionl0: Other City Employee Programs
VFMA unit employees are eligible to participate in all City -sponsored programs passed by City Council
Resolutions that are intended to benefit all employees in the areas of, but not limited to, the following:
• Buy back of military leave for PERS retirement time —Gov't Code 21024
• Computer loan purchase plan—Resolution-2011-67
• Life insurance
• Corrective eye surgery plan —Resolution 2011-65
• Hearing aid device plan —Resolution 2011-66
• Family Medical Leave Act (FMLA)
• Flexible Spending Account (FSA)
Section 11: Retiree's Medical
Employees must retire from the City of Vernon under a CalPERS Benefit Formula (i.e. Age 50 or 57
Formula) to be eligible for Retiree Medical/Dental Benefits.
The City shall pay up to $1,100 per month towards the employee's HMO medical and dental insurance
premium for the employee and his/her eligible spouse in the classifications represented by the Vernon
Fire Management Association who have been employed for a minimum of twenty (20) years of
28
continuous service with the City of Vernon. The maximum $1,100 City contribution shall be applied
only toward a city provided HMO medical and dental premium plan payment and shall have no cash
surrender value. The City will pay the cost of the HMO medical and dental premiums for those retired
employees with qualifying years of service and age requirements, and offer the PPO as a "buy -up" option,
for which qualifying retired employees shall be responsible for the difference in premium cost.
The City's contribution toward the Retiree HMO Medical/Dental Benefit Plan shall continue for said
retired employee and eligible spouse up to the age of sixty-five (65). Upon reaching the age of sixty-five
(65), the retiree and/or eligible spouse shall apply for Medicare coverage, whereupon the City's insurance
shall become supplemental coverage. The City shall pay up to 100% of the cost to provide any Medicare
supplemental medical and dental insurance plan offered by the City of Vernon, not to exceed $1,100 per
month. The City will not be the primary insurance carrier once the retiree and/or employee reaches the
age of sixty-five (65). If the retiree or eligible spouse fails to timely obtain and maintain Medicare
coverage, the City shall not be required to provide any medical/dental benefits until such Medicare
coverage is obtained and maintained. The maximum $1,100 City contribution shall be applied only
towards a City sponsored Medicare supplemental medical and dental premium plan payment and shall
have no cash surrender value.
All retired employees with a minimum of ten (10) years of continuous uninterrupted service with the City
may pay the City's premium cost for medical and dental insurance up to the age of sixty-five (65) after
which time Medicare will become the primary insurance carrier. The retired employee may remain on the
City's supplemental insurance to Medicare at his/her cost provided the retiree has timely obtained and
maintains Medicare coverage.
Should the retired employee fail to pay his/her required cost of the insurance premium for the City's
medical/dental benefit plan for any three (3) consecutive months or, should the coverage otherwise lapse
for any reason other than City's non-payment, then the City's obligation to maintain the retiree's
medical/dental benefit plan shall automatically terminate without the need for further notice.
Eligible retired employees and spouse may opt not to enroll in the City's medical and/or dental insurance
coverage and instead receive a monthly reimbursement for premiums actually paid up to the City HMO
medical /dental value up to $1,100 per month as permitted by the Public Employee Pension Reform Act
(PEPRA). Once a retired employee opts not to enroll in the City's medical and/or dental insurance, he or
she will not be allowed to re -enroll. All other existing qualifiers in Article Seven, Section 11 shall stay in
effect.
29
ARTICLE EIGHT
VACATION
Section 1: Vacation Time
A. Annual Accrual For 56-Hour Personnel
• 9 years or less: 13 shifts (12 hours per pay period)
• 10 - 24 years: 15 shits (13.85 hours per pay period)
• 25 or more: 16 shifts (14.77 hours per pay period)
B. Annual Accrual for 40 Hour Personnel
• 9 years or less: 120 hours (4.62 hours per pay period)
• 10 — 24 years: 160 hours (6.16 hours per pay period)
• 25 or more: 170 hours (6.54 hours per pay period)
C. Policy
A Maximum of 1 platoon personnel per shift shall be permitted off on vacation leave.
D. Carry Over of Vacation Leave
Employees are permitted to carry-over one year's annual accrual from calendar year to calendar
year. At the end of every calendar year, employees who have accrued vacation hours in excess of
their permitted carry-over shall be paid their regular rate of pay of all such excess hours.
Section 2: Vacation Leave — Administrative Personnel
At the time an employee is transferred to the administrative work schedule, his or her vacation leave
balance shall be converted from the suppression work schedule rate to the administrative work schedule
rate by dividing the accrued balances by 2.4 (example: 90 hours of suppression vacation time _ 2.4 =
37. SO hours of administrative vacation time). Said converted balances shall be available for employee's
use while assigned to the administrative work schedule in accordance with applicable policies.
At the time an employee is returned to the suppression work schedule, his or her vacation leave balance
shall be converted back to suppression hours by multiplying the hours by 2.4 (example: 37.50 hours of
administrative vacation time X 2.4 = 90 hours of suppression vacation time). Said converted balances
shall be available for employee's use while assigned to the suppression work schedule in accordance with
applicable policies.
30
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. SO hours of administrative vacation time X 2.4 = 90 hours of
suppression vacation time).
31
ARTICLE NINE
HOLIDAYS
Section 1: In Lieu Holidays
Unit employees shall be credited with three (3) 24-hour holiday "in lieu" shifts (72 hours total) per year.
"In lieu" holidays will be credited to each employee on each July 1 in which he/she is on the active
payroll of the Department in a classification represented by the VFMA and must be taken prior to the
immediately following July 1.
In lieu" holidays may be taken on dates desired by the employee subject to the needs of the Vernon Fire
Department.
Any accrued, unused hours shall be paid at the employee's regular rate of pay, computed in accordance
with the applicable Salary Resolution of Vernon, in the pay period inclusive of June 30"'._An employee
who quits or is terminated shall not be entitled to any compensation for "in lieu" holidays not taken unless
previously denied.
Should employees represented by the Vernon Firemen's Association (VIA) receive across -the board
enhancements to the existing In -Lieu Holidays between July 1, 2016 and June 30, 2019, a like
enhancement will be provided to employees represented by the VFMA.
Section 2: In -Lieu Holiday Time — Administrative Personnel
At the time an employee is transferred to the administrative work schedule, his or her balance of In -Lieu
Time shall be suspended and unavailable for use or cash out.
While an employee is assigned to the administrative work schedule (40-hour work week):
1) His or her In -Lieu Holiday Time balance shall remain unavailable for use or cash out until such
time as he or she returns to the suppression work schedule (56-hour work week).
2) He or she shall not receive In -Lieu Holiday Time
3) He or she shall be entitled to the City's holiday pay for each holiday he or she is regularly
scheduled to work as authorized by the City Council.
32
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.
In accordance with Resolution No. 2012-212, Section 13: In Lieu Holidays, an employee who quits or is
terminated shall not be entitled to any compensation for "in lieu" holidays not taken unless previously
denied.
If the City Council, during the fiscal year, provides one or more additional holidays to the miscellaneous
employees, that shall not affect the number of "in lieu" holidays for the employees represented by the
VFMA.
33
ARTICLE TEN
SICK LEAVE
Section 1: Sick Leave
Unit employees only receive sick leave accrual while they are in a paid status.
Full-time Platoon personnel accrue sick time at the rate of 5.54 hours per pay period (144 hours annually).
Upon reaching the cap, employees will continue to accrue sick leave provided, however, in the final pay
period in December each year all accrued sick leave in excess of 1440 hours shall be cashed in at fifty
percent (50%) of the employee's regular rate of pay. Part-time and temporary VFMA employees
(excluding CaIPERS retired annuitants) working for 30 or more days within a year shall be entitled to
accrue paid sick days at the rate of one (1) hour per every 30 hours worked. Employee shall only receive
sick leave accrual while they are in a paid status.
Full-time forty -hour (40-hour) personnel accrue sick time at a rate of 3.96 hours per pay period (103
hours annually). Upon reaching the cap, employees will continue to accrue sick leave provided, however,
in the final pay period in December each year all accrued sick leave in excess of 1029 hours shall be
cashed in at fifty percent (50%) of the employee's regular rate of pay. Part-time and temporary VFMA
employees (excluding CalPERS retired annuitants) working for 30 or more days within a year shall be
entitled to accrue paid sick days at the rate of one (1) hour per every 30 hours worked. Employee shall
only receive sick leave accrual while they are in a paid status.
A. If an employee separates or terminates employment with the City, they shall be compensated for
any accrued sick leave hours at the time of separation up to the cap. Employees that separate from
service with more than 20 years of service credit will be compensated at 100% of their current
pay rate applied to the first 672 sick leave hours (480 hours for 40-hour personnel) and 50% for
sick leave hours after that up to the cap. Employees with less than 20 years of service will be
compensated at 50% of their then current pay rate. Employees shall have the option of obtaining
service credit for their accrued, unused sick leave hours instead of a cash payment pursuant to
California Government Code Section 20965.
B. 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.
34
C. 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.
D. 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.
E. 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.
Should employees represented by the Vernon Firemen's Association (VFA) amend their MOU contract
language regarding Sick Leave between July 1, 2016 and June 30, 2019, the City and the VFMA agree to
amend the VFMA MOU to incorporate such changes.
Section 2: Sick Leave Conversion
At the time an employee is transferred to the administrative work schedule, his or her sick leave balance
shall be converted from the suppression work schedule rate to the administrative work schedule rate by
dividing the accrued balance by 1.4 (example: 112 hours of suppression sick leave =1.4 = 80 hours of
administrative sick time). Said converted balances shall be available for employee's use while assigned to
the administrative work schedule in accordance with applicable policies.
At the time an employee is returned to the suppression work schedule, his or her sick leave balance shall
be converted back to suppression hours by multiplying the hours by 1.4 (example: 80 hours of
administrative sick time X 1.4 = 112 hours of suppression vacation time). Said converted balances shall
be available for employee's use while assigned to the suppression work schedule in accordance with
applicable policies.
Should an employee separate during the time of their administrative assignment, the accrued balance shall
be converted back to suppression hours by multiplying the administrative hours by 1.4 and paid out at the
35
suppression hourly rate. (example: 80 hours of administrative sick time X 1.4 = 112 hours of
suppression sick time).
36
ARTICLE ELEVEN
LEAVE BENEFITS
Section 1• Jury Dutv
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. Employees released from their jury duty obligations shall notify
their Supervisor. For the purposes of this section, "released from jury duty" shall mean that the
employee is relieved from jury duty for the day and not required to report for jury duty the
following day.
C. Except as herein provided, employees shall remit to the City any compensation received for those
days while on jury duty and shall receive regular pay for the time served. Employees shall be
reimbursed by the City for the mileage portion of the jury duty compensation. Jury duty
performed on an employee's regular day off shall not be compensated by the city and the
employee shall be entitled only to the court's compensation for duty performed on such
employee's regular day off.
D. If an employee is required to serve on a jury for a period longer than two weeks, the employee
shall be entitled, at the employees' option, to use any accrued leave time, other than sick time,
during the period of extended jury service. The employee shall continue to receive all paid
benefits, and shall continue to accrue eligible leave benefits.
Section 2: Bereavement Leave
Permanent full-time employees, regardless of period of service, may in the event of death or if death
appears imminent, of any "immediate family member" as defined below, including the equivalent
37
relatives of a registered domestic partner, be allowed up to forty-eight (48) hours over two shifts of
bereavement leave without loss of salary. An employee shall not be granted paid Bereavement Leave for
more than 48 hours in any six-month period for the same family member.
Relative
All Regular Employees
Spouse
48 hours
Child
48 hours
Registered Domestic
Partner
48 hours
Step -Child
48 hours
Parent
48 hours
Step -Parent
48 hours
Mother-in-law
48 hours
Father-in-law
48 hours
Grandchild
48 hours
Step -Grandchild
48 hours
Grandparent
48 hours
Grandparent -in-law
48 hours
Brother
48 hours
Sister
48 hours
Step -Sister
48 hours
Step -Brother
48 hours
Daughter-in-law
48 hours
Son-in-law
48 hours
Brother-in-law*
48 hours
Sister-in-law*
48 hours
*Brother-in-law and sister-in-law are defined as the spouse of the employee's sibling or the
sibling of the employee's spouse.
B. The bereavement leave begins on the first regularly scheduled workday as requested by the
employee. If the employee learns of the death while at work, he or she is entitled to leave work
immediately; this partial day leave will not be counted towards the bereavement leave.
C. Bereavement leave must be authorized by the Department head and must be utilized within
fifteen (15) days of employee learning of the death, or of the date of foreseen imminent death of
the immediate family member, unless special circumstances require that the leave begin at a later
date. Such requests to the Department head shall be made within 15 days of the employee
learning of the death or of the date of foreseen imminent death and shall not be unreasonably
denied.
38
D. Representatives may be selected by the Department head to attend with pay the funeral of a co-
worker in said department on behalf of the City if the funeral of the deceased co-worker occurs
during working hours; provided the funeral is held within a reasonable distance of City limits.
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.
W
ARTICLE TWELVE
WORK SCHEDULE
Section 1: FLSA Work Period
The FLSA work period for unit employees assigned to a daily work schedule of twenty four (24) hours
shall be a fixed and regularly recurring work period of twenty-four consecutive days (576 hours).
Section 2: Work Schedules
A. Platoon Personnel
Unit employees assigned to a 56-hour work week shall work a 48/96 work schedule that consists
of two consecutive 24-hour shifts followed by 96 consecutive hours off, on a rotating three
platoon basis (A, B & C Platoon). Employees that work such schedule average 56 hours a week
and 112 hours per pay period.
Unit employees assigned to work a 48/96 schedule shall begin work at 0700 hours and terminate
at 0700 hours following two 24-hour periods.
B. 40-Hour Personnel
Unit employees assigned to work a 40-hour work week shall be assigned to a 4/10 schedule that
consists of four (4) consecutive work days of ten (10) consecutive work hours each, inclusive of
paid breaks and an unpaid 30-minute meal period, followed by three consecutive days off, each
week. Unit employees on such schedule shall be assigned to work Monday through Thursday
between the hours of 0700 to 1730 hours, unless an alternate schedule is approved in writing by
the Fire Chief and VFMA.
Section 3: Shift Trades
The practice of shift trading shall be voluntary on behalf of each employee involved in the trade. The
trade must be due to the employee's desire or need to attend to a personal matter and not due to the
department's operations. The employee providing the trade shall not have his/her compensable hours
increased as a result of the trade, nor shall the employee receiving the trade have his/her compensable
hours decreased as a result of the trade.
40
If one individual fails to appear for the other (regardless of the reason), the person who was scheduled to
work as a result of the shift trade will be listed as absent without leave and may be subject to discipline.
Any premium pay or other extra compensation shall continue to accrue only to the person originally
entitled to the premium pay or extra compensation. Any hours worked beyond the normal work day will
be credited to the individual actually doing the work. "Paybacks" of shift trade are the obligation of the
two employees involved in the trade. Pay -backs are to be completed within one (1) calendar year of the
date of the initial shift trade.
Any dispute as to the paybacks is to be resolved by the involved employees, and under no circumstances
will the department be obligated for any further compensation whatsoever to any of the involved
employees. The department is not responsible in any manner for hours owed to employees by other
employees that leave the employment of the City or are assigned other duties. A record of all initial shift
trades and "paybacks" shall be maintained by the involved employees on forms or computers provided by
the Department.
Section 5: Early Relief
The practice of early shift relief shall be voluntary on behalf of each employee involved in the relief. The
employee providing the early relief shall not have his/her compensable hours increased as a result of the
early relief; nor shall the employee relieved early have his/her compensable hours decreased as a result of
the early relief.
"Paybacks" of early relief hours are the sole obligation of the two employees involved in the early relief.
Any dispute is to be resolved by the involved employees, and under no circumstances will the Department
be obligated for any further compensation whatsoever to any of the involved employees. The Department
is not responsible in any manner for hours owed to employees by other employees who leave the
employment of the City or are assigned other duties.
41
ARTICLE THIRTEEN
GRIEVANCE PROCEDURE
Vernon has adopted a grievance procedure applicable to all Firefighters containing the following
principles:
A grievance shall be defined as an allegation by an employee or the Association of
misinterpretation, misapplication or violation of a particular provision of this MOU, City policy,
rule or past practice. The grievance procedure shall not be used in connection with an impasse in
collective bargaining, nor with disciplinary actions or other matters for which appeal procedures
exist under the Discipline and Disciplinary Actions article herein, or pursuant to statute.
DAYS
"Days" as used herein shall be defined for the purposes of the Article as any day in which City Hall of the
City of Vernon is open to the public for the general conduct of business.
GRIEVANCE PRESENTATION AND PROCEDURES
Employees shall have the right to present their own grievance or do so through their Association
representative.
Grievances shall be processed on standard forms provided by the Department of Human
Resources and shall contain information which (a) identifies the aggrieved, (b) contains the
specific nature of the grievance, (c) indicates the time or place of its occurrence, if known, (d)
states the article(s) of the MOU, City policy, rule or past practice which have been violated,
misinterpreted or misapplied, (e) indicates the persons contacted at the informal stage, if
applicable, and (f) states the corrective action desired. Grievances may be submitted via email,
so long as the employee attaches the grievance form to the email by the required time line. If an
employee includes attachments to the grievance form and those attachments are not included in
the email or in -person submission, the City shall notify the employee that all attachments were
not included and that the deadline for the City to respond to the grievance will not begin to run
until all the attachments are received.
Failure by management to reply to the employee's grievance within the time limits specified
automatically grants to the employee the right to process the grievance to the next level. Failure
by management to respond shall be reported to the Human Resources Director by either the
aggrieved employee or Association Representative. If an employee fails to appeal from one
level to the next within the time limits established in this grievance procedure, the grievance
shall be considered settled on the basis of the last decision, and the grievance shall not be subject
to further appeal or reconsideration.
42
All time periods specified in this procedure may be extended by mutual written (including email)
consent of the aggrieved employee(e), Association representative and the Human Resources
Director.
INFORMAL PROCEDURE
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 may discuss the complaint with his/her
immediate supervisor. Employees are encouraged to discuss complaints with their immediate
supervisor in an attempt to resolve the grievance at the lowest possible step.
An employee, at his or her sole discretion, may opt to skip the Informal Procedure resolution
process and instead go directly to Step One. If an employee chooses to proceed with the
Informal Procedure, he/she or their Association representative shall inform the Human Resources
Director, within one day of initiating the Informal Procedure, that he/she has initiated the
Informal Procedure and the date the informal grievance was first discussed with his/her
supervisor.
Within eight (8) days of the discussion with the employee, the supervisor shall respond in writing
to the employee's complaint. If the employee is dissatisfied or if the supervisor fails to respond,
the employee shall have access to the formal grievance process described below
Step One — Department Head
The aggrieved employee shall present in writing as prescribed above his/her grievances to the Fire Chief
within ten (10) days of the date the employee(s) knew or reasonably should have known of the incident
giving rise to the grievance. The Association and/or employee(s) waives the right to proceed with the
grievance if the grievant does not initiate the procedure by this deadline. Within ten (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 eight (8) days of hearing the grievance, the Fire Chief or designee shall present his/her
decision, in writing, to the Association and/or employee(s) with copies to the Human Resources Director
and the City Administrator.
If the Union or employee(s) is not satisfied with the result of the meeting with the Department Director,
the grievant may submit a written request, within eight (8) days of the written decision of the Department
Director, that the matter be heard by the City Administrator or designee.
43
Step Two - City Administrator/Advisory Arbitration
If the Association or employee(s) is not satisfied with the result of the meeting with the Fire Chief, within
eight (8) days the grievant may submit a written, request, within eight (8) days of the written decision of
the Department Head, that the matter be heard by the City Administrator or designee, or the employee(s)
and/or Association may choose to have the matter heard by an impartial hearing officer (arbitrator).
Should the matter be submitted directly to the City Administrator or designee, he/she shall meet with the
Association and/or employee(s) within ten (10) days of receipt of the grievant's written notice. If the
Association and/or employee(s) elects to have the matter heard by the City Administrator or designee, the
Association and/or employee(s) waives the right to have the matter heard by an arbitrator. Within eight
(8) days of hearing the grievance, the City Administrator shall provide his/her decision, in writing, to the
Association and/or employee(s). The decision of the City Administrator shall be final and binding.
If the Association elects arbitration, costs of the arbitration shall be shared equally between the
Association and the City. A court reporter shall be retained only by mutual consent of the parties. The
costs of the arbitration, including the court reporter, shall be divided in half (i.e. 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. Upon receipt of the list, the parties shall
alternately strike names from the list until a final name is selected as the hearing officer, with the
Association striking first. The selected arbitrator shall serve as the hearing officer. All arbitration
proceedings arising under the Grievance procedure shall be governed by the provisions of Title 9, Part 3,
of the Code of Civil Procedure of the State of California.
Within ten (10) days of receipt of the arbitrator's recommendation, the City Administrator shall provide
his/her decision, in writing, to the Association and employee(s). The recommendation of an arbitrator
shall be advisory to the City Administrator or designee. The decision of the City Administrator shall be
final and binding.
44
All time limits specified in the foregoing procedure may be waived only by mutual written agreement.
Should employees represented by the Vernon Firemen's Association (VFA) amend their MOU
contract language regarding Grievance Procedures between July 1, 2016 and June 30, 2019, the
City and the VFMA agree to amend the VFMA MOU to incorporate such changes.
45
ARTICLE FOURTEEN
DISCIPLINE PROCEDURE
A. DISCIPLINARY ACTIONS
1. The tenure of every City employee shall be based on reasonable standards of personal conduct
and job performance. Failure to meet such standards shall be grounds for appropriate disciplinary action,
which shall be commensurate with the seriousness of the offense and with consideration of the
employee's personnel file. Progressive discipline will be used; however, this does not preclude the City
from taking disciplinary action, up to and including termination, for an incident for which there is no prior
documentation as long as the disciplinary action is warranted and is based on just cause.
2. The following procedures shall be followed when, in the judgment of the Department Director, an
employee has committed an act or omission that justifies discipline. The Department Director or his/her
designee shall advise employees of contemplated disciplinary actions in writing and allow the employee
an opportunity to respond to such charges prior to taking final action.
a. Disciplinary actions should be documented in the employee's official personnel file.
Performance deficiencies documented in the employee's performance evaluation as "does not meet
standards" may be the basis for disciplinary action if the employee fails to correct those performance
deficiencies within the time period designated by his/her supervisor. To the extent possible, performance
deficiencies or other causes for discipline will be documented in the employee's personnel file.
b. Upon the City receiving authorization from the employee, the City will provide the
Association with all written notices of discipline given to employees represented by Association. The
written notice of discipline will also inform the employee that he/she has the right to consult with the
Association with regard to the disciplinary action being taken.
C. Nothing in this article shall preclude the Fire Chief or his/her designee from ordering an
employee to cooperate with other agencies involved in criminal investigations. If an employee fails to
comply with such an order, the employee may be officially charged with insubordination.
46
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.
Employee Response/Pre-Disciplinary Conference
The notice of proposed action shall state the date by which the employee must exercise the right to
respond orally, in writing or both orally and in writing. This represents the pre -disciplinary opportunity
for the employee to state any reasons that he/she believes the proposed action to be inappropriate. The
employee shall have a reasonable amount of time to respond, which shall not be fewer than five days.
This date may be adjusted by mutual agreement. Failure to respond by the assigned date will constitute a
waiver of the right to respond. Any response will be fully considered before any final action is decided
upon.
The Pre -Disciplinary Conference does not need to be an evidentiary hearing. An employee has the right to
have a representative of his or her own choosing at the conference. The City may conduct further
investigation if the employee's version of the facts or new information raises doubts as to the accuracy of
the City's information leading to the discipline proposal.
Written Notice of Final Action
After consideration of the employee's response, or in the absence of a response, written notice of the final
disciplinary action shall be given to the employee. Such notice shall include essentially the same
information contained in the notice of proposed action, except that the employee's formal appeal rights
shall be stated.
47
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 without
pay for up to five (5) days pending the processing of the notices required in Section B of this article or
may be suspended with pay pending the completion of such investigations or hearings as may be required
to determine if disciplinary action is to be taken. If the charges and/or allegations are not sustained, the
employee suspended without pay shall be entitled to reinstatement with full back pay and benefits. All
back pay awards related to suspension, demotions and discharges shall include interest as set by Civil
Code §§ 3287 et. seq.
C. DISCIPLINARY APPEAL PROCEDURES
The appeal process shall not be applicable to newly hired probationary employees. The appeal process
shall not be applicable to performance evaluations, or verbal reprimands.
An employee desiring to appeal the discipline shall have ten (10) days after receipt of notice of discipline.
The employee's request for appeal must be addressed to the City Administrator and received in the
Human Resources Department. The Human Resources Department shall date stamp the employee's
appeal to verify the timeliness of the appeal.
If, by the expiration of the (ten) 10 day appeal period, the employee does not file the appeal, unless good
cause for the failure is shown, the discipline shall be considered conclusive and the right of appeal to have
been waived. If the employee files a timely appeal, an appeal hearing shall be established as follows:
1. The employee and the City shall jointly request the State Office of Administrative Hearings to
appoint an Administrative Law Judge (ALJ) to hear the appeal and to render a decision advisory
to the City Administrator. The City and Association will share equally share (i.e. 50150) the
hearing -related expenses such as ALJ fees and court reporter fees, but excluding attorney fees,
expert witness(es) and staff time.
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.
48
3. All time limits specified in the procedure may be waived by mutual written agreement.
4. At the conclusion of the hearing, the ALJ will submit his/her findings to the City and the
employee. Within ten (10) days of receiving the ALJ's findings, the City Administrator shall
provide his/her decision, in writing, to the employee. The City Administrator's decisions shall
set forth which charges, if any, are sustained and the reasons therefor. The opinion shall set forth
findings of fact and conclusions. The City Administrator's decision is final, subject to the option
of the employee to bring a proceeding pursuant to Code of Civil Procedure sections 1094.5 and
1094.6.
Should employees represented by the Vernon Firemen's Association (VFA) amend their MOU contract
language regarding Discipline Procedures between July 1, 2016 and June 30, 2019, the City and the
VFMA agree to amend the VFMA MOU to incorporate such changes.
49
ARTICLE FIFTEEN
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.
50
L. Determine and/or change the facilities, methods, technology, means, organizational structure and
size and composition of the work force and allocate and assign work by which the City
operations are to be conducted.
M. Determine and change the number of locations, relocations and type of operations processes and
materials to be used in carrying out all city functions, including, but not limited to, the right to
contract for or subcontract any work or operations of the City.
N. Assign work to employees in accordance with requirements as determined by the City.
O. Establish and modify productivity and performance programs and standards.
P. For just cause only, discharge, suspend, demote, reprimand, withhold salary increases and
benefits, or otherwise discipline employees in accordance with applicable state law.
Q. Establish employee performance standards including, but not limited to, quality and quantity
standards, and to require compliance therewith.
R. Take all necessary actions to carry out its mission in emergencies.
S. Exercise complete control and discretion over its organization and the technology of performing
its work.
51
CITY OF VERNON
Ca os . Fandino Jr.
City Administrator/"MERR"
4A- �
William F. Fox
Director of Finance/City Treasurer
4V 04md,�,
Lise . ri elle
Senior Human Resources Analyst
Human Resources Analyst
APPROVED AS TO FORM:
De3Za ussa
Dep City Attorney
Dated:- J , 2016
SIGNATURES
VERNON FIRE MANAGEMENT ASSOCIATION
avid Lazar
President
David Kimes
Vice President
Andrew Guth
Treasurer
) - d apl,-4 I ��
Tod 1 ainton
Sary T
APPROVED AND ADOPTED BY CITY COUNCIL ON
RESOLUTION NO. 2016739 k, 4
ATTEST:
(`1-
Maria Ay la, City C er
52
JULY 12, 2016 PER
Dated: /46-��'
STAFF REPORT
C (I
STAFF REPORT
CITY ADMINISTRATION
DATE: July 12, 2016
TO: Honorable Mayor and City Council
FROM: Carlos Fandino Jr., City Administrator c�/ J pf::�7
Originator: Isaac Garibay, Director of Human Resources
4 0, yd
RECEIVED
JUL 0 7 2016
CITY CLERK'S OFFICE
RE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON
APPROVING THE MEMORANDUM OF UNDERSTANDING BY AND
BETWEEN THE CITY OF VERNON AND THE VERNON FIRE
MANAGEMENT ASSOCIATION FOR THE PERIOD OF JULY 1, 2016
THROUGH JUNE 30, 2019
Recommendations
A. Find that the adoption of the resolution approving the Memorandum of Understanding by
and between the City of Vernon and the Vernon Fire Management Association proposed
in this staff report is exempt under the California Environmental Quality Act ("CEQA")
review, because it is an administrative action that will not result in direct or indirect
physical changes in the environment, and therefore does not constitute a "project" as
defined by CEQA Guidelines section 15378; and
B. Adopt the attached resolution approving the Memorandum of Understanding by and
between the City of Vernon and the Vernon Fire Management Association for the period
of July 1, 2016 through June 30, 2019.
Background
The City and the Vernon Fire Management Association ("VFMA") concluded labor negotiations
on June 8, 2016 regarding wages, benefits and working conditions for the 2016-2019
Memorandum of Understanding ("MOU").
This report recommends the City Council's approval of benefits and contract language
incorporated into an agreement with the VFMA, which has been reviewed and approved as to
form by the City Attorney's Office. Attached as Exhibit A to the resolution is the MOU for the
employees represented by the VFMA, which incorporates provisions mutually agreed upon
during the negotiation process. The MOU effective date is July 1, 2016, and shall expire at
midnight on June 30, 2019.
Page 1 of 2
Members of City staff and representatives of the VFMA met and conferred in good faith, and
reached agreement on the proposed contract language, subject to the approval of the City
Council.
Key provisions of the proposed MOU are:
• Effective July 9, 2016 (first full pay period in July), the base salary schedule will be
increased by 2%.
• Effective July 9, 2017, the base salary schedule will be increased by an additional 2%.
• Effective July 8, 2018, the base salary schedule will be increased by an additional 2%.
• Effective July 9, 2016, employees who are not at the top step of their Classification
Compensation Plan and have attained one year of an overall "satisfactory" or higher
performance evaluation rating, as of their immediately preceding classification
anniversary date, shall receive one merit salary advance. Effective July 2017 and for the
remainder of this agreement, employees who are not at the top step of their Classification
Compensation Plan and who achieve an overall "exceeds standards" ranking during their
annual performance review in accordance with the City's Performance Evaluation Policy
will receive one merit salary advance on the first full pay period in July. Employees shall
continue to receive their annual evaluations as scheduled in the City's Performance
Evaluation Policy and employees may receive more than one annual merit salary advance
during the term of this Agreement.
• For employees who elect Employee -Only, Employee + Spouse and Employee + Children
health benefit tiers, the City agrees to provide the same flat dollar cafeteria contribution
that corresponds with the respective Low Medical HMO, lowest cost Dental DMO, and
lowest cost vision plans combined, or $1,100 per month, whichever is greater.
• All itemized benefit amounts specified in the City of Vernon Vision Plan (CVVP) that
fall below $150 shall be raised to $150.
• The grievance presentation and procedure shall provide for an informal remedy to resolve
disputes at the lowest possible level, effectively reducing undue administrative burden,
and to adjust the number of days to respond.
Fiscal Impact
The approximate cost to adopt the 2016-2019 Memorandum of Understanding between the City
and the Vernon Fire Management Association for Fiscal Year 2016-2017 is $75,530. The
approximate cost for Fiscal Year 2017-2018 and Fiscal Year 2018-2019 cannot yet be
determined as the cost of health and welfare benefits are variable and unknown.
Attachments
1. Resolution Approving the Memorandum of Understanding by and between the City of
Vernon and the Vernon Fire Management Association.
Page 2 of 2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING THE MEMORANDUM OF UNDERSTANDING BY
AND BETWEEN THE CITY OF VERNON AND THE VERNON FIRE
MANAGEMENT ASSOCIATION FOR THE PERIOD OF
JULY 1, 2016 THROUGH JUNE 30, 2019
WHEREAS, the Vernon Fire Management Association ("VFMA") has
been recognized as an employee organization pursuant to the City of
Vernon Employer -Employee Relations Resolution (Resolution No. 4027); and
WHEREAS, on July 15, 2014, the City Council of the City of
Vernon adopted Resolution No. 2014-47, as amended on June 16, 2015 by
Resolution No. 2015-41, approving a Memorandum of Understanding by and
between the City and the VFMA for the period of July 1, 2014 through
June 30, 2016; and
WHEREAS, the City and VFMA have concluded labor negotiations
regarding wages, benefits and working conditions for the period of
July 1, 2016 through June 30, 2019; and
WHEREAS, representative members of the VFMA and the City have
agreed to execute a Memorandum of Understanding ("MOU") setting forth
certain terms and conditions for employment of City of Vernon employees
in classifications represented by the VFMA, for the period of
July 1, 2016 through June 30, 2019; 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 l: 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") review, because it is an administrative action that will
not result in direct or indirect physical changes in the environment,
and therefore does not constitute a "project" as defined by CEQA
Guidelines section 15378.
SECTION 3: The City Council of the City of Vernon hereby
approves the Memorandum of Understanding between the City of Vernon and
the Vernon Fire Management Association, in substantially the same form
as the copy which is attached hereto as Exhibit A.
SECTION 4: The City Council of the City of Vernon hereby
instructs the City Administrator, or his designee, to take whatever
action is deemed necessary or desirable for the purpose of implementing
and carrying out the purposes of this Resolution and the transactions
herein approved or authorized, including but not limited to, any
nonsubstantive changes to the MOU attached herein.
SECTION 5: The City Council of the City of Vernon hereby
directs the City Clerk, or the City Clerk's designee, to send a fully
executed MOU to David Lazar, Vernon Fire Management Association
President.
- 2 -
SECTION 6: The City Clerk, or Deputy City Clerk, of the
City of Vernon shall certify to the passage, approval and adoption of
this resolution, and the City Clerk, or Deputy City Clerk, of the City
of Vernon shall cause this resolution and the City Clerk's, or Deputy
City Clerk's, certification to be entered in the File of Resolutions of
the Council of this City.
APPROVED AND ADOPTED this 12th day of July, 2016.
Name:
Title: Mayor / Mayor Pro-Tem
ATTEST:
City Clerk / Deputy City Clerk
APPROVED AS TO FORM:
Zayrncyh✓Moussa, Senior Deputy City Attorney
- 3 -
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
I,
ss
City Clerk / Deputy City Clerk of the City
of Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. , was duly passed, approved and adopted by the
City Council of the City of Vernon at a regular meeting of the City
Council duly held on Tuesday, July 12, 2016, and thereafter was duly
signed by the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this day of July, 2016, at Vernon, California.
(SEAL)
- 4 -
City Clerk / Deputy City Clerk
10052111�:1
Formatted: Left
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
AND
VERNON FIRE MANAGEMENT ASSOCIATION
July 1, 20164 through June 30, 20196
low
TABLE OF CONTENTS
MEMORANDUM OF UNDERSTANDING
Parties to the Memorandum of Understanding.......................................................... 5
ARTICLE ONE: FUNDAMENTALS
Section 1:
Recognition.............................................................................6
Section 2:
No Discrimination.....................................................................6
Section 3:
Mutual Cooperation....................................................................7
Section4:
Layoffs..................................................................................7
Section 5:
No Strikes or Lockouts................................................................7
Section 6:
City / VFMA Meetings.................................................................
7
Section 7:
Association Business...................................................................7
Section 8:
Association Leave.......................................................................8
Section 9:
Driver License Requirement...........................................................
8
Section 10:
Payroll Deduction.......................................................................8
Section11:
Term.....................................................................................10
ARTICLE TWO: LEGAL LIMITATIONS, SAVINGS CLAUSE & TERM
Section 1: Legal Limitations and Savings Clause..............................................................9
Section 2: Maintenance of Existing Conditions...................................................9
Section 3: Modification and Waiver...................................................................................9
Section4: Severability..............................................................................10
ARTICLE THREE: SALARIES
Section1: Salaries ............................................ ................................................................... I I
2
Section 2:
Assistant Fire Chief...........................................................................................I
I
Section 3:
Battalioe Chie€ Fire Battalion Chief/Fire
Marshall.........................................................
12
Section 4:
Fire Marshall..............................................................................12
Section5:
Merit Steps................................................................................
13
Section 6:
Salary Adjustment Increase..........................................................
13
Section 7:
Bilingual Pay............................................................................
13
Section 8:
Educational Incentive Pay................................................................
13
Section 9:
Chief Officer Certificate — Prior to July 1, 2014.....................................
14
Section 10:
Chief Officer Certificate — After July 1, 2014.......................................
14
Section 11:
Hazardous Materials Specialist Pay ...................................................
14
Section 12:
Urban Search and Rescue Specialist Pay ..............................................
15
Section 13:
Physical Fitness/Wellness Program ...................................................
15
Section 14:
Computation of Pay....................................................................
15
ARTICLE FOUR: LONGEVITY
Section 1:
Employees Hired On or Before June 30, 1994.......................................
17
Section 2:
Employees Hired After June 30, 1994................................................17
ARTICLE FIVE: OVERTIME
Section 1:
Overtime Authorization................................................................
18
Section 2:
Compensatory Time......................................................................19
Section 3:
Compensatory Time Payment upon Termination ....................................
19
Section 4:
Usage of Compensatory Time Earned ................................................
19
Section 5:
Leave Inclusion..........................................................................
19
Section 6:
Training and Recertification............................................................
20
3
Section7: Call Backs................................................................................. 20
Section 8: Non-Compensable....................................................................... 20
ARTICLE SIX: UNIFORMS
Section 1: Uniform Allowance..................................................................... 22
ARTICLE SEVEN: BENEFITS
Section 1:
Public Employees Retirement System.................................................23
Section 2:
Supplemental PERS Benefits...........................................................
23
Section3:
Cafeteria Plan.............................................................................
24
Section4:
Medical...................................................................................
24
Section5:
Dental.....................................................................................
25
Section6:
Vision......................................................................................
25
Section 7:
Life Insurance.............................................................................
25
Section 8:
Deferred Compensation.................................................................
26
Section 9:
Education Reimbursement..............................................................
26
Section 10:
Other Employee Programs..............................................................
26
Section 11:
Retiree's Medical........................................................................
26
ARTICLE EIGHT: VACATION
Section 1:
Vacation Time............................................................................
28
ARTICLE NINE: HOLIDAYS
Section 1: "In Lieu" Holiday Time................................................................. 30
Section 2: "In Lieu" Holiday Time — Administrative Personnel .............. I................ 30
ARTICLE TEN: SICK LEAVE
4
Section 1: Sick Leave................................................................................. 32
Section 2: Sick Leave Conversion.................................................................. 33
ARTICLE ELEVEN — LEAVE BENEFITS
Section1: Jury Duty.................................................................................. 34
Section 2: Bereavement Leave..................................................................... 34
ARTICLE TWELVE: WORK SCHEDULE AND ABSENCES
Section 1: FLSA Work Period...................................................................... 36
Section 2: Work Schedules........................................................................... 36
Section4: Shift Trades............................................................................... 36
Section5: Early Relief............................................................................... 37
ARTICLE THIRTEEN: GRIEVANCE PROCEDURE
Grievance Procedure Steps................................................................................ 38
ARTICLE FOURTEEN: DISCIPLINE PROCEDURE
Discipline Procedure....................................................................................... 40
ARTICLE FIFTEEN: MANAGEMENT RIGHTS
ManagementRights......................................................................................... 44
SIGNATURE PAGE
Signatures.................................................................................................... 46
5
Formatted: Tab stops: 136", Left + Not at P' + 5.81"
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
AND
VERNON FIRE MANAGEMENT ASSOCIATION
Parties to the Memorandum of Understanding
Pursuant to Chapter 10 (section 3500 et seq) of Division 4, Title 1 of the Government Code and
Resolution No. 4027, the Resolution for the administration of Employer -employee relations, the matters
within the scope of representation that are set forth in this Memorandum of Understanding (MOU) have
been discussed by and between representatives of the City of Vernon and the representatives of the
Vernon Fire Management Association, (hereinafter "VFMA"), and except as otherwise specifically
provided herein shall apply only to those defined in the aforesaid Resolution as "full-time sworn and
regular part-time employees in the Fire Department management and confidential employees," otherwise
known as Chief Officers.
This MOU constitutes a joint agreement by the Municipal Employee Relations Representative ("MERR")
and the VFMA, to be submitted to the City Council of Vernon for its determination and approval by one
or more Resolutions or Ordinances as the City Council may deem fit and proper.
The MERR and the Representative of the VFMA have agreed that they will jointly urge the City Council
of Vernon to adopt one or more Resolutions or Ordinances reflecting the changes in wages, hours, and
other conditions of employment agreed upon in this MOU.
If approved, the terms agreed upon by this MOU shall take effect on July 1, 20164, and shall expire at
midnight on June 30, 20196.
IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN STATED, the VFMA and the
City of Vernon agree as follows:
6
ARTICLE ONE
FUNDAMENTALS
Section 1: Recognition
The City recognizes the Vernon Fire Management Association as the exclusive recognized employee
organization on behalf of all full-time sworn, management personnel engaged in fire prevention,
suppression, administration and paramedic services within the City, including, but not limited to,
employees occupying the job classifications of Assistant Fire Chief, Fire norarsha' naaa fie `''4e ire
Battalion Chief, and Fire Marshall.
Section 2: No Discrimination
The City and the Association are committed to working together to support a work environment
characterized by fair treatment and access to equal opportunities.
The provisions of this Memorandum of Understanding shall be applied equally to all employees covered
hereby. Neither the City nor the VFMA shall discriminate against any individual, applicant or employee
with respect to his compensation, terms, condition, or privileges of employment or because of an
individual's race, color, sex, religion, national origin, age, marital status, disability, pregnancy, sexual
orientation, political or religious opinions or affiliations, or membership or non -membership in the
VFMA.
The terms "they" and "their" may be used in this agreement as substitutes for the terms "his," "her,"
"his/her," "he," "she," or other terms which would indicate masculine or feminine gender. Whenever the
male gender is used herein it shall be construed to refer to both male and female employees.
Except as limited by the specific and express terms of this Memorandum of Understanding, the
Association hereby retains and reserves unto itself all rights, powers, authority, duties and responsibilities
conferred on and vested in it by the laws and the Constitution of the State of California and/or the United
States of America. The parties specifically agree that neither VFMA nor any VFMA representative or
member shall be discriminated against, intimidated, coerced, disciplined or retaliated against because of
the lawful exercise of its or his rights, including, but not limited to, the right to participate in VFMA
activities, serve as a VFMA officer or director, or otherwise represent the interests of VFMA.
7
Section 3: Mutual Cooperation
The parties recognize the necessity of cooperating on matters of mutual concern and interest and agree to
work together to maximize the effectiveness of the Fire Department and the City and to accomplish goals
in their mutual interest.
Section 4: Layoffs
In accordance with the Meyers-Milias Brown Act, the City and the VFMA shall meet and confer on the
effect of its actions to layefflay off any employee represented by the VFMA. This will occur prior to
implementation except in emergency circumstances as defined in law. The agreement to meet and confer
over the effect of the exercising of a City right shall not in any way impair the right of the City to exercise
and implement any of its rights to layoff.
Section 5: No Strikes or Lockouts
During the life of this agreement no work stoppages, strikes, or slowdowns shall be caused or sanctioned
by the VFMA, and no lockouts shall be made by the City.
Section 6: City/VFMA Meetings
Representatives from the VFMA and the City shall meet as needed to discuss issues of mutual concern.
Section 7: Association Business
Representatives of the VFMA shall be allowed time to conduct their Association business as necessary
during work hours. Representatives of the VFMA shall have reasonable access to the work sites of unit
employees at any time during the working hours to conduct Association business as long as such visits do
not unreasonably interfere with the conduct of the City's usual business and the employee's work.
Coordination of such work will be made with the Fire Chief to ensure the availability of staffing levels for
such meetings. Representatives of VFMA may use any Fire Department facilities free of charge for its
Board of Directors and general membership meetings provided such facility is not otherwise booked.
VFMA shall secure approval from the Fire Chief for the date and time it wishes to secure use of the
facility. The granting of such approval will be made if the City facility is not otherwise scheduled to be
used at the time of VFMA's request.
No unit employee shall engage in political activity while on duty or in uniform.
Section 8: Association Leave
The VFMA President will have available to him/her a total of 240 hours of Association Leave Time at the
beginning of each calendar year for conducting Association business off duty during time he and/or any
of his Association board members would be regularly scheduled to work.
A. The VFMA President will be responsible for assigning any Leave Time to his board members.
Unused hours may not be carried over from one year to the next without the written authorization
of the Fire Chief or his designee.
B. In each case where Leave Time is requested, such request must be in writing to the Fire Chief a
minimum of 72 hours before the Leave Time is needed unless the minimum notice period is
waived in writing by the Fire Chief or his designee.
C. Association Leave Time will not be granted if it will cause overtime unless it is authorized in
writing by the Fire Chief or his designee.
D. In no case will Association Leave Time be used for political action purposes.
Section 9: Driver's License Requirement
Firefighters of all ranks from Assistant Fire Chief and below must maintain at the minimum a Class C
driver's license with a firefighter endorsement. Exceptions to this requirement must be approved in
writing by the Fire Chief.
Section 10: Payroll Deduction
The City shall, during the term of this agreement, effect a payroll deduction for membership dues, service
fees and other charges authorized pursuant to an executed form signed by the employee permitting such
deductions. Any payroll deductions collected by the City shall be transmitted on a biweekly basis to the
treasurer of the Association, or such other party designed in writing by the Association. The City shall not
be obligated to put into effect any new, changed, or discontinued deduction until the first pay period
commencing not more than thirty (30) days after receiving the request. This provision shall remain
operative as long as VFMA is the exclusive recognized employee organization of unit employees.
9
Section 11: Term
(a) Except as otherwise provided herein this Memorandum of Understanding shall be in full
force and effect from July 1 2016, and shall remain in full force and effect up to and
including midnight the 30th day of June 2019 or until the next Memorandum of
Understanding becomes effective.
(b) This Memorandum of Understanding shall be binding on the City and the Union when
approved and adopted by the City Council.
ARTICLE TWO
LEGAL LIMITATIONS, SAVINGS CLAUSE, AND TERM
Section 1: Legal Limitations and Savings Clause
It is understood and agreed that this Memorandum of Understanding (including, but not limited to, the
provisions of the Fair Labor Standards Act) and any and all Resolutions or Ordinances adopted in
implementation thereof are and shall be subject to all present and future applicable federal and state laws
and regulations and shall be effective and implemented only to the extent permitted by such laws and
regulations.
If any part of this Memorandum of Understanding or of any Resolution or Ordinance adopted in
implementation thereof is in conflict or inconsistent with any such applicable provisions of federal and
state laws or regulations or otherwise held to be invalid or unenforceable by any tribunal of competent
jurisdiction, such part or provision shall be suspended and superseded, and such applicable laws and
regulations and the remainder of this Memorandum of Understanding shall not be affected thereby and
shall remain in full force and effect;
Section 2: Maintenance of Existing Conditions
Any employment policy, practices and/or benefits, including the alternative workweek schedule and
overtime compensation are incorporated into this Memorandum of Understanding, unless
otherwise stated herein. In the event of a conflict between the Memorandum of Understanding and
10
an existing policy and/or practice, this Memorandum of Understanding shall govern.
Section 3: Modification and Waiver
The City reserves the right to add to, delete from, amend or modify the Administrative rules, the City
Municipal Code, and the City's Personnel Policies and Procedures Manual during the term of the
Memorandum of Understanding, subject to the requirements of the Meyers-Milias-Brown Act and the
Firefighters Procedural Bill of Rights Act.
Section 4: Severability.
In the event that a court finds any provision(s) of this Memorandum of Understanding to be invalid or
unenforceable, the parties intend that the remaining provisions remain in effect. The parties further
agree to meet and confer for purposes of negotiating an alternative to any provision declared invalid
or unenforceable.
11
ARTICLE THREE
SALARIES
Section 1: Salaries
Effective the beginning of the pay period containing July 10, 20164, the following salary ranges are
established for employees represented by the VFMA based upon the results of the City wide classification
and compensation study at the 75d' percentile, and consistent with the proposed grade and step pay plan.
Effective July 10, 20164, VFMA employees shall be placed at the grade and step that is closest to, but not
lower than their current base salary.
a. Effective July 10, 2016 (first full pay period in July), the base salary schedule will
be increased by 2%.
b. Effective July 9, 2017, the base salary schedule will be increased by an additional
2%.
C. Effective July 8, 2018, the base salary schedule will be increased by an additional
2%.
Effeetive the beginning of the pay period ineluding a 1 2015 the base monthly salary of ..
Assistant Fire Chief shall be inereased by 1.5% as fallowsi
12
Eff-eetive the
of the
2015 the base menthly salary of an Assistant
beginningpay periodD >
i 1 1 TIiI��
Effeetive the b b ef the pay pefied b
CWef shall be inereased by 1.5% as follows:
_ � !f!}1SiC!!l�.CSEfZT!Sf
ham
13
Egeetive the beginning of the ed eludi g ie 1 2015, the base thl ale of a Fife
b:•• ••b ••a > > -.Hyrax .i� salary v u .aa.
Effeefive the beginning of the .. period inel..a ing my 1 201 G the base m ..thly salary of a C.e
=n ._•••� •••� "gib""b •,• •••� ['_� [, _...._ __________a ___� _. __ __, ____ ____ _______ __� _•__.-.� _•_ ._ _.__
11.1..Fshall shall be ; sed by 1 5% as fella -s-
Section 5: Merit Steps
Effeefive the beginning
Chief in
of
the pay period ineluding july 1, 2015, employees who in the disefetion of the
City's PedeFmanee Evaluation Pokey, have at4ained one 0
Fire and aeeefdanee
with the year
e
el+ eding ele anniversaryate shall FOcei a
satisfaetery se _
of theiredi
as
sif:eatio , e aa..e
this Future inef:eases to an), said
b the tefm of eentmet. pfamation OF Salaf:)'
,fade shell .. the
sole
al;S.. 6 ('.a...a of the City e:l
Effective Julv 910. 2016. emplovees who are not at the top step of their Classification
Compensation Plan and have attained one year of an overall "satisfactory" or higher performance
evaluation rating, as of their immediately_ preceding classification anniversary date shall receive
one merit salary advance. Effective July 2017 and for the remainder of this agreement.
employees who are not at the top_ step of their Classification Compensation Plan and who
achieve an overall "exceeds standards" ranking during their annual performance review in
accordance with the City's Performance Evaluation Policy will receive one merit salary advance
on the first full pay period in July. Employees shall continue to receive their annual evaluations
as scheduled in the City's Performance Evaluation Policy and employees may receive more than
one annual merit salary advance during the term of this Agreement.
Section 6: Salary Adiustment Increase
14
In the event there is a salary inequity between ranks or between employees within the Department, the
Fire Chief, with approval of the City Administrator, may implement a service adjustment increase up to
ten percent (10%) per month of their base salary.
Section 7: Biliuml Pay
A unit employee may be compensated for bilingual skills after the employee demonstrates proficiency in
speaking a foreign language (the ability to read and write in a foreign language may also be tested, if
necessary), -which proficiency would be determined by successful completion of a foreign language
proficiency test designated by the Human Resources Department. Those employees who successfully
demonstrate this skill are eligible to receive an additional One Hundred Twenty -Five Dollars ($125.00)
per month for bilingual pay and shall not be considered to be part of the employee's base monthly salary
when computing incentive pay.
Section 8: Education Incentive Pay
......... ......
�l
• A unit emplovee 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.
15
• 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%.
• Should employees represented by the Vernon Firemen's Association (VFA) receive across -the
board enhancements to the existing Education Incentive Pay between July 1, 2016 and June 30,
2019, a like enhancement will be provided to employees represented by the VFMA.,
Section 9: Chief Officer Certificate — Employees promoted prior to July 1, 2014
Effective July 1, 2014, VFMA employees who were promoted to a Fire management position prior to
July 1, 2014 and hold a Chief Officer Certificate, or have completed coursework equivalent thereto (i.e.,
California State Fire Training Professional Certification Track for Chief Officer) shall receive an annual
education incentive stipend in the amount of $2,000, in two equal, semi-annual installments. The first
installment of $1,000 shall be paid with the first paycheck in January, and the second installment of
$1,000 shall be paid with the first paycheck in July.
Section 10: Chief Officer Certificate —Employees promoted on or after July 1, 2014
Effective July 1, 2014, VFMA employees who were promoted on or after July 1, 2014 and hold a Chief
Officer Certificate shall receive an annual education stipend in the amount of $2,000, in two equal, semi-
annual installments. The first installment of $1,000 shall be paid with the first paycheck in January, and
the second installment of $1,000 shall be paid with the first paycheck in July.
16
Formatted: Justified, Indent: Left: 0.25", Hanging: 0.2",
Space Before: 13.65 pt, Line spacing: Exactly 19.05 pt, Font
Alignment: Baseline, Tab stops: 0.45", Decimal aligned + Not
at 0.2"
Formatted: Font: Calibri, Font color: Black
Formatted: Indent: Left: 0.45", No bullets or numbering,
Tab stops: 0.2", Decimal aligned
Section 11: Hazardous Materials Suecialist Pay
h....,ifed d Ave dollars 125 M)
theiF base The City
twenty ($ p fnenth
above pay. shall
trainingexpeditiously
to
as possible, send eaeh unit empleyee
Hazardous Materials Speeialist. Said parRent shall
all
net be consideFed to be pai4 of the employee's bas
..thly salary when eemputing ' entiye p
F Formatted: Line spacing: 1.5 lines
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.
Formatted: Line spacing: 1.5 lines
Should employees represented by the Vernon Firemen's Association (VFA) receive across -the board
enhancements to the existing Hazardous Materials Specialist Pay between July 1, 20164 and June 30,
20196, a like increase will be provided to employees represented by the VFMA.
Section 12: Urban Search and Rescue (USAR) Pay
A unit empleyee eeFfified as a USAR Speeialist shall reeeive speeial eempefisatieft of one hundred aft
twenty five dellaf:s ($125.00) per Faeath above their base pay. The City shail, as expeditiously as pessible,
send each anit employee to all a
Said payment shaI4 not be eansideFed to be paFt of the employee's base fnwlthly salaF5, wheR b
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) 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.
Should employees represented by the Vernon Firemen's Association (VFA) receive across -the board
enhancements to the existing USAR Pay between July 1, 20164 and June 30, 20196, a like increase will
17
be provided to employees represented by the VFMA.
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 Fire Chief will receive two hundred fifty
dollars ($250.00). The Physical Fitness/Wellness program is attached hereto as Attachment "A", and
incorporated herein.
Section 14: Computation of Pay
A. Unit employees assigned to a 40-hour workweek shall be paid on an hourly basis. The hourly
rate shall be the product of dividing the monthly salary by 173.333. Upon being assigned to a 40-
hour schedule an employee's accrued leave shall be reduced by a factor of 1.4 and paid to the
employee upon use or separation at the employee's 40-hour regular rate of pay. Upon being
reassigned to a 56-hour schedule, all such accrued leave shall be increased by a factor of 1.4.
B. 56-hour platoon personnel
Unit- employees assigned to a fifty-six (56) hour work week would be paid a widely fluctuating
amount each pay period if they were paid for hours actually worked; therefore, such employees
shall be paid for the average number of hours in a two (2) week period, one hundred and twelve
(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.
18
ARTICLE FOUR
LONGEVITY
Section 1: Employees Hired On or Before June 30,1994
Upon attaining 5 years of service with the City of Vernon........................5% above base pay
Upon attaining 10 years of service with the City of Vernon ...........................10% above base pay
Upon attaining 15 years of service with the City of Vernon.....................15% above base pay
Upon attaining 20 years of service with the City of Vernon.....................20% above base pay
Upon attaining 30 years of service with the City of Vernon
an Assistant Fire Chief, moire Battalion Chief, or Fire Marshall ........................25%
above base pay
Section 2: Employees Hired After June 30, IM and before December 31, 2013
Upon attaining 5 years of service with the City of Vernon........................5% above base pay
19
ARTICLE FIVE
OVERTIME
Section 1: Overtime Authorization
All overtime requests must have prior written authorization of a supervisor prior to the commencement of
such overtime work. Where prior written authorization is not feasible, explicit verbal authorization must
be obtained. Dispatched calls extending beyond the end of duty time are considered as authorized.
A. Policy
It shall be the policy of the Vernon Fire Department to honor personnel requests for time off
when possible, and distribute overtime opportunities in a fair and equitable manner to all
members. It shall be the Department's priority to maintain essential staffing levels when
arranging coverage.
B. Order of Filling Vacancies
Overtime vacancies will be filled on a rank -for -rank basis by first referring to the fist of personnel
in the same rank as the vacancy who have signed up for overtime availability for that day. The
individual in the same rank with the least overtime worked that calendar year will have the first
opportunity to work the overtime vacancy.
If that employee does not elect to work the overtime shift, the person in the same rank as the
vacancy with the next least amount of overtime worked that calendar year will have the next
opportunity. This process will be followed until the overtime vacancy is filled or the list of
personnel within the same rank as the vacancy is exhausted.
In the event the vacancy is unfilled, the same process will be used for those personnel who have
signed up as available to work overtime that day who are qualified to act in the rank in which the
vacancy exists. If that list is also exhausted and the vacancy is not filled, the person that is not
presently working and that is of the same rank as the vacancy with the least mandated overtime
worked that calendar year shall be mandated to work the overtime shift.
C. What Overtime Vacancies Will Be Filled
a. Any vacancy in the moire Battalion Chief rank that is the result of an employee
using vacation leave shall be filled first by a ire Battalion Chief. If a
20
moire Battalion Chief is unable to fill the position then an Acting Battalierl
GhiefFire Battalion Chief from the established Acting List will fill the position.
b. A vacancy that is the result of an employee using sick leave may be filled at the discretion of
the Fire Chief.
Section 2: Compensatory Overtime
A. For fire suppression employees having an average work week of 56 hours, compensatory time
shall accumulate at the premium rate of one and one-half (I 'h) hours of compensatory time for
each one (1) hour of overtime actually worked in excess of the employee's regular scheduled
working hours for a 24 day work cycle.
B. For employees having an average work week of forty (40) hours, compensatory time shall be
accumulated at the premium rate of one and one-half (1 Y2) hours of compensatory time for each
one (1) hour of overtime actually worked during the employee's regular work week up to a
maximum accrual of 480 hours.
Section 3: Compensatory Time Payment upon Termination
Employees shall be entitled to receive payment for all accumulated compensatory time upon their
termination.
Section 4: Usage of Compensatory Time Earned
Accumulated compensatory time off may be taken by an employee in the same manner as vacation time
as described in Article Eight of this MOU.
Section 5: Leave Inclusions
A. In determining an employee's eligibility for overtime compensation in a work period, paid leaves
of absence will be included in the total number of hours worked. Paid leaves of absence include,
but are not limited to, the following:
1. Vacation
2. Holiday Leave / In -Lieu Leave
4. Administrative Leave
5. Compensatory Leave
21
6. Workers' Compensation Leave (4850 time)
7. Jury Duty
8. Bereavement Leave
9. Military Leave
B. Sick Leave - In determining an employee's eligibility for overtime compensation, sick leave shall- - Formatted: Justified, Indent: Hanging: 0.5', tine spacing:
1.5 lines, Numbered + Level: 1 + Numbering Style: A, B, C, ...
not be included in calculating the total number of overtime hours worked in a 7-day work week. + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent
at: 0.5"
At the time of MOU ratification, the implementation of this provision was still being analyzed. If
the City confirms that calculation based on a 7-day work week is enforceable under the Fair
Labor Standards Act, this provision will be implemented after the City provides the VFMA
written notice of its confirmation, and a date certain on which this provision will take effect. If
this provision is found to be unenforceable, the City and the Association agree to a re -opener to
discuss the exclusion of sick leave counting towards overtime within a work week.
Section 6: Training and Recertification Time
Training time that is required is compensable.
Recertification time that is directly related to an employee's job will be compensable if completed during
assigned work hours or authorized for overtime by the Fire Chief.
Section 7: Call Backs
Call Back duty occurs when an employee is ordered to return to duty on a non -regularly scheduled work
shift. Call back does not occur when an employee is held over from his/her prior shift or is working prior
to his/her regularly scheduled shift.
An employee called back to duty shall be credited with a minimum of four (4) hours work. Any hours
worked in excess of four (4) hours shall be credited on an hour -for -hour basis (at time and one-half
compensation) for actual time worked.
When an employee is called back, his/her work time shall be credited commencing upon the time the
employer has made direct contact with the employee.
Section 8: Non-Comaensable
22
Formatted: Justified, Indent: Left: 0.5", Line spacing: 1.5
lines
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 utilize or not utilize the locker for
storage and changing purposes at his/her own discretion.
Nothing herein prevents an employee from wearing his/her uniform to and/or from his/her
residence to work as long as the badge and insignia are covered in a non -unit issue garment such
as a windbreaker.
Time spent changing clothes before or after shift is not considered hours worked and is not
compensable in any manner whatsoever.
An employee shall be allowed to make off duty presentations without compensation in uniform
upon the approval of the Fire Chief.
23
ARTICLE SIX
UNIFORM ALLOWANCE
Section 1: Uniform Allowance
On the first pay check in August of each year, each unit employee shall be paid the sum of One Thousand
Dollars ($1000.00) for the purchase of uniforms. A unit employee hired by the City shall receive an initial
issue of uniforms. Uniform allowance is special compensation that shall be deemed earned when paid and
shall be reported to Ca1PERS as compensation earnable.
The City shall provide all unit employees all required safety equipment, including, but not limited to,
work boots.
24
ARTICLE SEVEN
BENEFITS
Section 1: Public Employee Retirement System ("PERS")
The City shall maintain its contract with the California Employees Public Retirement System (CaIPERS)
that provides VFMA unit employees with the three percent (3%) at 50 safety retirement benefit plan.
As a result of the recent passage of AB 340 Public Employee Pension Reform Act (PEPRA), new
CaIPERS members hired on or after January 1, 2013 who meet the definition of new member under
PEPRA shall be provided a 2.7% at 57 CaIPERS retirement benefit plan.
Unit members identified as CaIPERS "Classic Members" shall be responsible for paying their CaIPERS
nine percent (9%) employee's contribution. Unit members identified as "New Members" under the
CaIPERS definition as a result of PEPRA shall be responsible for paying their applicable CaIPERS
employee's contribution.
Section 2: Supplemental PERS Retirement Benefits
The City agrees to provide additional supplemental retirement benefits to VFMA unit employees under
CaIPERS as follows:
• Gov't Code Section: 20042 — One Year Final Compensation:
Final compensation is the average full-time monthly pay rate for the highest twelve (12)
consecutive months.
• Gov't Code Section: 20124 - Military Service Credit as Public Service:
Employees may elect to purchase up to four (4) years of service credit.
• Gov't Code Section: 21574 — 4th Level of 1959 Survivor Benefits:
• Gov't Code Section: 21624 & 21626 & 21628 - Post Retirement Survivor Allowance:
Provides surviving spouse fifty percent (50%) of the amount of retirement allowance, dependent
on option choices, that is in effect at the time of death of retiree.
• Pre -Retirement Option 2W Death Benefit 21548
25
• Gov't Code Section: 20965-Credit for Unused Sick Leave
Section 3: Cafeteria Plan
The City and the Association agree to a section 125 cafeteria plan (non -cash out),
effective July 1, 2016. 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, B,
C, and ED 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.
Section 4: Medical:
The City offers various medical plans to employees. The City reserves the right to select, administer, or
fund any fringe benefit programs involving insurance that now exist or may exist in the future.
The City shall `meet with the Association prior to any change of insurance carver or method funding
coverage for any fringe benefits fisted in this article.
$1,100 per month. The east of any plan seleeted by the employee that exeeeds $1,100 shafl be
paid by the ee thfough a pre tax�cEiela.
..
IN My"
.� �. .
26
A n.. feh june and September. The eost of any 14S A PPO plan sell .ted by the ,. pleyee that
exeeeds $850 shall 1.e paid by the a ..levee tr.r..,.gh apre pajTell deduction
a
A. During the term of the Agreement, for employees who elect Employee + Family coverage, the
City agrees to provide a cafeteria plan contribution equal to the total premium costs of the
Employee + Family Low Medical HMO, Employee + Family lowest cost Dental DMO and lowest
cost family vision plan Employees enrolled in the Employee + Family health benefits category
that elect a health plan higher than the Low HMO medical, dental and/or vision, will be
responsible for any applicable premium costs through a pre-tax payroll deduction. The City
understands that this amount will vary based on the premium costs that go into effect on
January 1st of each calendar year of the term of this Agreement. If employees opt out of dental
and/or vision they may use the allotments for those respective coverages toward excess
medical premiums.
Formatted: Indent: Left: 0.5, No bullets or numbering
B. During the term of the Agreement for employees who elect Employee -Only, Employee + Spouse
and Employee + Children tiers, the City agrees to provide the same flat dollar cafeteria
contribution for medical dental and vision benefits that the City is paying as of June 2016 for
these employee health group tiers That amount is $1 100 per month Employees who elect
one of these tiers must pay for their dental and vision benefits from this cafeteria contribution.
The parties understand and agree that this amount will remain fixed during the term of this
Agreement. Provided however, should the total premium cost of the lowest cost medical HMO,
lowest cost Dental DMO and lowest cost vision plan exceed the current flat rate dollar cafeteria
contribution for medical dental, and vision benefits for any of the tiers, then the contribution
for that tier will be raised to equal the total premium costs of the Low Cost Medical HMO,
lowest cost Dental DMO and lowest cost vision plan for that tier. Employees that elect a health
plan higher than the applicable City contribution will be responsible for any applicable premium
costs through a pre-tax payroll deduction If employees opt out of dental and/or vision they
may use the allotments for those respective coverages toward excess medical premiums.
Formatted: Indent: Left: 0.5', No bullets or numbering
C. For unit employees enrolled in the HSA PPO plan the City shall pay up to the city contribution
for their specific tier as set forth in A and B above reduced by an annual amount of $3,000. 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 employees that exceeds
the City contribution amount shall be paid the employee through a pre-tax payroll deduction.
Formatted: List Paragraph, No bullets or numbering
Formatted: Indent: Left: 0.5, No bullets or numbering
D. During the term of the Agreement, Employees will be allowed to opt into the Employee +
Family plan during any open enrollment period or upon a qualifying event as prescribed by the
City's insurance provider.
Formatted: No bullets or numbering
27
C.
D7E. Should employees represented by the Vernon Firemen's Association (VFA)
receive across -the board enhancements to the existing medical benefit program between
July-1, 20164 and June 30, 20196, a like increase will be provided to employees
represented by the VFMA.
Section 5• Dental
The City of Vernon offers a dental insurance plan to employees. Employees may apply any unused
portion of their monthly medical allowance toward the purchase of dental insurance for themselves and
eligible dependents. The cost of any plan selected by the employee that exceeds his/her monthly
employer medical allowance shall be paid by the employee through a pre-tax payroll deduction.
Should employees represented by the Vernon Firemen's Association (VFA) receive across -the board
enhancements to the existing dental benefit program between July 1, 20164 and June 30, 20196, a like
increase will be provided to employees represented by the VFMA
,Section 6: Vision:
The City of Vernon provides a vision care plan to employees. The City shall pay 100% of the cost of such
a plan for employees only. Employees shall have the option of purchasing vision care for their dependents
at a cost of $6.95 for one dependent or $13.95 for two or more dependents. Employees may purchase
dependent coverage through the City by pre-tax payroll deduction and/or applying any unused portion of
the City's monthly medical allowance.
All itemized benefit amounts specified in the City of Vernon Vision Plan (CVVP) that fall below-
$150 shall be raised to $150.
Should employees represented by the Vernon Firemen's Association (VFA) receive across -the board
enhancements to the existing vision benefit program between July 1, 20164 and June 30, 20196, alike
increase will be provided to employees represented by the VFMA
28
Formatted: Highlight
Formatted: Indent: First line: 0"
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: Deferred Compensation
The City shall continue to administer the existing 457 deferred compensation program for all unit
employees.
Section 9: Education Reimbursement
The educational reimbursement program is a financial assistance program that offers reimbursements for
tuition, fees and books up to a maximum of $2,200 per fiscal year. The fiscal year is July 1 through June
30. Employees are eligible for this assistance after 12 months of uninterrupted employment with the City
of Vernon.
A grade of "C" or better (or "pass" if on a pass/fail basis) is required for reimbursement. A request for
reimbursement must be made within 60 days of receipt of grades and should include the following: a copy
of the final grade report, a copy of expenses for tuition, fees, and books; and a completed and signed
tuition reimbursement form.
Sectionl0: Other City Employee Programs
VFMA unit employees are eligible to participate in all City -sponsored programs passed by City Council
Resolutions that are intended to benefit all employees in the areas of, but not limited to, the following:
• 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
29
• Hearing aid device plan —Resolution 2011-66
• Family Medical Leave Act (FMLA)
• Flexible Spending Account (FSA)
Section 11: Retiree's Medical
Employees must retire from the City of Vernon under a CalPERS Benefit Formula (i.e. Age 50 or 57
Formula) to be eligible for Retiree Medical/Dental Benefits.
The City shall pay up to $1,100 per month towards the employee's HMO medical and dental insurance
premium for the employee and his/her eligible spouse in the classifications represented by the Vernon
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 will pay the cost of the HMO medical and dental premiums for those retired employees with
qualifying years of service and age requirements, and offer the PPO as a "buy -up" option, for which
qualifying retired employees shall be responsible for the difference in premium cost.
The City's contribution toward the Retiree HMO Medical/Dental Benefit Plan shall continue for said
retired employee and eligible spouse up to the age of sixty-five (65). Upon reaching the age of sixty-five
(65), the retiree and/or eligible spouse shall apply for Medicare coverage, whereupon the City's insurance
shall become supplemental coverage. The City shall pay up to 100% of the cost to provide any Medicare
supplemental medical and dental insurance plan offered by the City of Vernon, not to exceed $1,100 per
month. The City will not be the primary insurance carrier once the retiree and/or employee reaches the
age of sixty-five (65). If the retiree or eligible spouse fails to timely obtain and maintain Medicare
coverage, the City shall not be required to provide any medical/dental benefits until such Medicare
coverage is obtained and maintained. The maximum $1,100 City contribution shall be applied only
towards a City sponsored Medicare supplemental medical and dental premium plan payment and shall
have no cash surrender value.
All retired employees with a minimum of ten (10) years of continuous uninterrupted service with the City
may pay the City's premium cost for medical and dental insurance up to the age of sixty-five (65) after
which time Medicare will become the primary insurance carrier. The retired employee may remain on the
City's supplemental insurance to Medicare at his/her cost provided the retiree has timely obtained and
maintains Medicare coverage.
30
Should the retired employee fail to pay his/her required cost of the insurance premium for the- Formatted: List Paragraph, Justified, Line spacing: 1.5 lines
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.
Eligible retired employees and spouse may opt not to enroll in the City's medical and/or dental
insurance coverage and instead receive a monthly reimbursement for premiums actually paid up to the
City HMO medical/dental value up to $1,100 per month as permitted by the Public Employee Pension
Reform Act (PEPRA). Once a retired employee opts not to enroll in the City's medical and/or dental
insurance, he or she will not be allowed to re -enroll. All other existing; qualifiers in Article Seven, Section
11 shall stay in effect._ Formatted: Font: Times New Roman
Formatted: Left
31
ARTICLE EIGHT
VACATION
Section 1: Vacation Time
A. Annual Accrual For 56-Hour Personnel
• 9 years or less: 13 shifts (12 hours per pay period)
• 10 - 24 years: 15 shits (13.85 hours per pay period)
• 25 or more: 16 shifts (14.77 hours per pay period)
B. Annual Accrual for 40 Hour Personnel
• 9 years or less: 120 hours (4.62 hours per pay period)
• 10 — 24 years: 160 hours (6.16 hours per pay period)
• 25 or more: 170 hours (6.54 hours per pay period)
C. Policy
A Maximum of I platoon personnel per shift shall be permitted off on vacation leave.
D. Carry Over of Vacation Leave
Employees are permitted to carry-over one year's annual accrual from calendar year to calendar
year. At the end of every calendar year, employees who have accrued vacation hours in excess of
their permitted carry-over shall be paid their regular rate of pay of all such excess hours.
Section 2: Vacation Leave — Administrative Personnel
At the time an employee is transferred to the administrative work schedule, his or her vacation leave
balance shall be converted from the suppression work schedule rate to the administrative work schedule
rate by dividing the accrued balances by 2.4 (example: 90 hours of .suppression vacation time - 2.4 =
37.50 hours of administrative vacation time). Said converted balances shall be available for employee's
use while assigned to the administrative work schedule in accordance with applicable policies.
At the time an employee is returned to the suppression work schedule, his or her vacation leave balance
shall be converted back to suppression hours by multiplying the hours by 2.4 (example: 37.50 hours of
administrative vacation time X 2.4 = 90 hours of suppression vacation time). Said converted balances
32
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).
33
ARTICLE NINE
HOLIDAYS
Section 1: In Lieu Holidays
Unit employees shall be credited with three (3) 24-hour holiday "in lieu" shifts (72 hours total) per year.
"In lieu" holidays will be credited to each employee on each July 1 in which he/she is on the active
payroll of the Department in a classification represented by the VFMA and must be taken prior to the
immediately following July 1.
In lieu" holidays may be taken on dates desired by the employee subject to the needs of the Vernon Fire
Department.
Any accrued, unused hours shall be paid at the employee's regular rate of pay, computed in accordance
with the applicable Salary Resolution of Vernon, in the pay period inclusive of June 300'._An employee
who quits or is terminated shall not be entitled to any compensation for "in lieu" holidays not taken unless
previously denied.
Should employees represented by the Vernon Firemen's Association (VFA) receive across -the board
enhancements to the existing In -Lieu Holidays between July 1, 20164 and June 30, 20196, a like
enhancement will be provided to employees represented by the VFMA.
Section 2: In -Lieu Holiday Time — Administrative Personnel
At the time an employee is transferred to the administrative work schedule, his or her balance of In -Lieu
Time shall be suspended and unavailable for use or cash out.
While an employee is assigned to the administrative work schedule (40-hour work week):
1) His or her In -Lieu Holiday Time balance shall remain unavailable for use or cash out until such
time as he or she returns to the suppression work schedule (56-hour work week).
2) He or she shall not receive In -Lieu Holiday Time
3) He or she shall be entitled to the City's holiday pay for each holiday he or she is regularly
scheduled to work as authorized by the City Council.
34
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.
In accordance with Resolution No. 2012-212, Section 13: In Lieu Holidays, an employee who quits or is
terminated shall not be entitled to any compensation for "in lieu" holidays not taken unless previously
denied.
If the City Council, during the fiscal year, provides one or more additional holidays to the miscellaneous
employees, that shall not affect the number of "in lied' holidays for the employees represented by the
VFMA.
35
ARTICLE TEN
SICK LEAVE
Section 1: Sick Leave
Unit employees only receive sick leave accrual while they are in a paid status.
Full-time Platoon personnel accrue sick time at the rate of 5.54 hours per pay period (144 hours annually). Formatted: Line spacing: Multiple 0.96li, No bullets or
Upon reaching the cap, employees will continue to accrue sick leave provided, however, in the final pay numbering, Tab stops: -0.83", Left + -0.5", Left + 0", Left
period in December each year all accrued sick leave in excess of 1440 hours shall be cashed in at fifty 3 1 eft Left + 1 eft Left + 2.3s", Left + 2.75", left +
P Y Y 3", Left + 3.25", Left + 3.75", Left
percent (50%) of the employee's regular rate of pay. Part-time and temporary VFMA employees
(excluding CalPERS retired annuitants) working for 30 or more days within a year shall be entitled to
accrue paid sick days at the rate of one (1) hour per every 30 hours worked Employee shall only receive
sick leave accrual while they are in a paid status., Formatted: Font: Calibri, Font color: Red
Full-time Morty-hour (40-hour) personnel accrue sick time at a rate of 3.96 hours per pay period (103
hours annually). Upon reaching the cap, employees will continue to accrue sick leave provided, however,
in the final pay period in December each year all accrued sick leave in excess of 1029 hours shall be
cashed in at fifty percent (50%) of the employee's regular rate of pay. Part-time and temporary VFMA
employees (excluding CalPERS retired annuitants) working for 30 or more days within a year shall be
entitled to accrue paid sick days at the rate of one (1) hour per every 30 hours worked. Employee shall
only receive sick leave accrual while they are in a paid status.
Formatted: Justified, Line spacing: 1.5lines
Formatted: List Paragraph, Left, Line spacing: single, No
bullets or numbering
A. If an employee se separates or terminates employment with the City, the shall be compensated for Formatted: Justified, Indent: Left: os", Line spacing: is
PY Y P lines
any accrued sick leave hours at the time of separation up to the cap. Employees that separate from
service with more than 20 years of service credit will be compensated at 100% of their current
pay rate applied to the first 672 sick leave hours (480 hours for 40-hour personnel) and 50% for
sick leave hours after that up to the cap. Employees with less than 20 years of service will be
compensated at 50% of their then current pay rate. Employees shall have the option of obtaining
service credit for their accrued, unused sick leave hours instead of a cash payment pursuant to
California Government Code Section 20965.
Formatted: List Paragraph, Left, Line spacing: single, No
B. If an employee resigns from the City with 20 years or more of continuous service, he/she will be bullets or numbering
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.
Formatted: Indent: Left: 0.5", No bullets or numbering
36
•- _ - Formatted: List Paragraph, Left, Line spacing: single, No
C. If an emplovee retires from the City with at least 15 and less than 20 years of continuous- bullets or numbering
service, he/she will be compensated for all unused sick leave hours in his/her sick leave bank at Formatted: Numbered + Level: 1 + Numbering style: s,
C, ... +Start at: 1 +Alignment: Left +Aligned at: 0.25"" +
the time of separation at 50% of his/her then current regular hourly rate of pay. Indent at: 0.5", Tab stops: 0.25", Decimal aligned
D. If an employee retires from the City with 20 or more years of continuous service, he/she will be Formatted: Numbered + Level: 1 + Numbering Style: A, 8,
C, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" +
compensated for all unused sick leave hours in his/her sick leave bank at the time of separation Indent at: 0.5", Tab stops: 0.25", Decimal aligned
at 100% of his/her then current regular hourly rate of pay.
E. An employee who is absent on sick leave for more than one (1) consecutive shift will bey- Formatted: Numbered + Level: 1 + Numbering Style: A, s,
C, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" +
required by his or her supervisor to provide a physician (or Chiropractic/Physician Assistant) Indent at: 0.5"
note in order to be paid for the sick leave.
f Formatted: Indent: Left: 0.5", No bullets or numbering
Should employees represented by the Vernon Firemen's Association (VFA) amend their MOU contract
language regarding Sick Leave between July 1, 20164 and June 30, 20196, the City and the VFMA agree
to amend the VFMA MOU to incorporate such changes.
Section 2: Sick Leave Conversion
Formatted: Indent: Left: 0"
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.
37
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).
38
ARTICLE ELEVEN
LEAVE BENEFITS
Section 1: Jury Duty
A. All regular full-time employees summoned to serve on jury duty shall be provided "Jury Duty
Pay" and there shall be no loss of compensation. An employee will be compensated up to two
weeks at full pay for jury duty. The employee must provide notice of the expected jury duty to
his or her supervisor as soon as possible, but in no case later than 14 calendar days before the
expected start date of the jury duty.
B. An employee on call for jury duty is expected to report to work. An employee who is called in
for jury duty will be required to return to work as soon as they are released from jury duty. All
employees shall obtain verification of the hours of jury duty performed using verification forms
as may be supplied by the court. Employees released from their iury duty obligations shall notify
their Supervisor. For the purposes of this section "released from Jury duty" shall mean that the
employee is relieved from Jury duty for the day and not required to report for iury duty the
following day.
C. Except as herein provided, employees shall remit to the City any compensation received for those
days while on jury duty and shall receive regular pay for the time served. Employees shall be
reimbursed by the City for the mileage portion of the jury duty compensation. Jury duty
performed on an employee's regular day off shall not be compensated by the city and the
employee shall be entitled only to the court's compensation for duty performed on such
employee's regular day off.
D. If an employee is required to serve on a jury for a period longer than two weeks, the employee
shall be entitled, at the employees' option, to use any accrued leave time, other than sick time,
during the period of extended jury service. The employee shall continue to receive all paid
benefits, and shall continue to accrue eligible leave benefits.
Section 2: Bereavement Leave
spouse,When an empleyee is eenipelled to be absent ffoin duty by reasen of death or efitioal illness (where death
it) of a member of the empleyee's iRffnediate family (father, Fnethef, brother, sistef,
dofnestie paftflff, , + fatheF in + b ' b + b
fandmethef
39
Permanent full-time employees, regardless of period of service, may in the event of death or if death
appears imminent, of any "immediate family member" as defined below, including the equivalent
relatives of a registered domestic partner, be allowed uo to fortv-eight (48) hours over two shifts of
bereavement leave without loss of salary. An employee shall not be granted paid Bereavement Leave
for more than 48 hours in any six-month period for the same family member.
Formatted: Indent: Left: 0", Hanging: 0.25"
Relative
All Regular Employ
Spouse
48 hours
Child
48 hours
Registered Domestic
48 hours
Partner
Ste -Child
48 hours
Parent
48 hours
Ste -Parent
48 hours
Mother-in-law
48 hours
Father-in-law
48 hours
Grandchild
48 hours
Step -Grandchild
48 hours
Grandparent
48 hours
Grandparent -in-law
48 hours
Brother
48 hours
Sister
48 hours
Step -Sister
48 hours
Step -Brother
48 hours
Daughter-in-law
48 hours
Son-in-law
48 hours
Brother-in-law*
48 hours
Sister-in-law*
48 hours
*Brother-in-law and sister-in-law are defined as the spouse of the employee's sibling or the
sibling of the employee's spouse.
B. The bereavement leave begins on the first regularly scheduled workday as requested by the
employee. If the employee learns of the death while at work, he or she is entitled to leave work
immediately; this partial day leave will not be counted towards the bereavement leave.
40
C. Bereavement leave must be authorized by the Department head and must be utilized within
fifteen (15) days of employee learning of the death or of the date of foreseen imminent death
of the immediate family member, unless special circumstances require that the leave begin at a
later date Such requests to the Department head shall be made within 15 days of the employee
learning of the death or of the date of foreseen imminent death and shall not be unreasonably
denied.
D. Representatives may be selected by the Department head to attend with pay the funeral of a
co-worker in said department on behalf of the City if the funeral of the deceased co-worker
occurs during working hours; provided the funeral is held within a reasonable distance of City
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.
41
Formatted: List Bullet, Left, Indent: Left: 0", Hanging:
0.5", Space After: 12 pt, Line spacing: single
Formatted: Font: Calibri
ARTICLE TWELVE
WORK SCHEDULE
Section 1: FLSA Work Period
The FLSA work period for unit employees assigned to a daily work schedule of twenty four (24) hours
shall be a fixed and regularly recurring work period of twenty-four consecutive days (576 hours).
Section 2: Work Schedules
A. Platoon Personnel
Unit employees assigned to a 56-hour work week shall work a 48/96 work schedule that consists
of two consecutive 24-hour shifts followed by 96 consecutive hours off, on a rotating three
platoon basis (A, B & C Platoon). Employees that work such schedule average 56 hours a week
and 112 hours per pay period.
Unit employees assigned to work a 48/96 schedule shall begin work at 0700 hours and terminate
at 0700 hours following two 24-hour periods.
B. 40-Hour Personnel
Unit employees assigned to work a 40-hour work week shall be assigned to a 4/10 schedule that
consists of four (4) consecutive work days of ten (10) consecutive work hours each, inclusive of
paid breaks and an unpaid 30-minute meal period, followed by three consecutive days off, each
week. Unit employees on such schedule shall be assigned to work Monday through Thursday
between the hours of 07600 to 1730 hours, unless an alternate schedule is approved in writing by Formatted: Not Highlight
the Fire Chief and VFMA.
Section 3: Shift Trades
The practice of shift trading shall be voluntary on behalf of each employee involved in the trade. The
trade must be due to the employee's desire or need to attend to a personal matter and not due to the
department's operations. The employee providing the trade shall not have his/her compensable hours
increased as a result of the trade, nor shall the employee receiving the trade have his/her compensable
hours decreased as a result of the trade.
42
If one individual fails to appear for the other (regardless of the reason), the person who was scheduled to
work as a result of the shift trade will be listed as absent without leave and may be subject to discipline.
Any premium pay or other extra compensation shall continue to accrue only to the person originally
entitled to the premium pay or extra compensation. Any hours worked beyond the normal work day will
be credited to the individual actually doing the work. "Paybacks" of shift trade are the obligation of the
two employees involved in the trade. Pay -backs are to be completed within one (1) calendar year of the
date of the initial shift trade.
Any dispute as to the paybacks is to be resolved by the involved employees, and under no circumstances
will the department be obligated for any further compensation whatsoever to any of the involved
employees. The department is not responsible in any manner for hours owed to employees by other
employees that leave the employment of the City or are assigned other duties. A record of all initial shift
trades and "paybacks" shall be maintained by the involved employees on forms or computers provided by
the Department.
Section 5: Early Relief
The practice of early shift relief shall be voluntary on behalf of each employee involved in the relief. The
employee providing the early relief shall not have his/her compensable hours increased as a result of the
early relief; nor shall the employee relieved early have his/her compensable hours decreased as a result of
the early relief.
"Paybacks" of early relief hours are the sole obligation of the two employees involved in the early relief.
Any dispute is to be resolved by the involved employees, and under no circumstances will the Department
be obligated for any further compensation whatsoever to any of the involved employees. The Department
is not responsible in any manner for hours owed to employees by other employees who leave the
employment of the City or are assigned other duties.
43
ARTICLE THIRTEEN
GRIEVANCE PROCEDURE
Vernon has adopted a grievance procedure applicable to all Firefighters containing the following
principles:
A grievance shall be defined as an allegation by an employee or the Association of
misinterpretation, misapplication or violation of a particular provision of this MOU, City policy,
rule or past practice. The grievance procedure shall not be used in connection with an impasse in
collective bargaining, nor with disciplinary actions or other matters for which appeal procedures
exist under the Disicipline and Disciplinary Actions article herein, or pursuant to statute.
DAYS
"Days" as used herein shall be defined for the purposes of the Article as any day in which -City Hall of
the City of Vernon is open to the public for the general conduct of business.
GRIEVANCE PRESENTATION AND PROCEDURES
Employees shall have the right to present their own grievance or do so through their Association
representative.
Grievances shall be processed on standard forms provided by the Department of Human
Resources and shall contain information which (a) identifies the aggrieved, (b) contains the
specific nature of the grievance, (c) indicates the time or place of its occurrence, if known, (d)
states the article(s) of the MOU, City policy, rule or past practice which have been violated,
misinterpreted or misapplied, (e) indicates the persons contacted at the informal stage, if
applicable and (f) states the corrective action desired. Grievances may be submitted via email,
so long as the employee attaches the grievance form to the email by the required time line. If an
employee includes attachments to the grievance form and those attachments are not included in
the email or in -person submission, the City shall notify the employee that all attachments were
not included and that the deadline for the City to respond to the grievance will not begin to run
until all the attachments are received.
Failure by management to reply to the employee's grievance within the time limits specified
automatically grants to the employee the right to process the grievance to the next level. Failure
by management to respond shall be reported to the Human Resources Director by either the
aggrieved employee or Association Representative. If an employee fails to appeal from one
level to the next within the time limits established in this grievance procedure, the grievance
shall be considered settled on the basis of the last decision, and the grievance shall not be subject
to further appeal or reconsideration.
44
All time periods specified in this procedure may be extended by mutual written (including email)
consent of the aggrieved employee(e), Association representative and the Human Resources
Director.
INFORMAL PROCEDURE
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 emplo eve may discuss the complaint with his/her
immediate supervisor. Employees are encouraged to discuss complaints with their immediate
supervisor in an attempt to resolve the grievance at the lowest possible step.
An employee at his or her sole discretion, may opt to skip the Informal Procedure resolution
process and instead go directly to Step One If an employee chooses to proceed with the
Informal Procedure he/she or their Association representative shall inform the Human Resources
Director, within one day of initiating the Informal Procedure, that he/she has initiated the
Informal Procedure and the date the informal grievance was first discussed with his/her
supervisor.
Within eight (8) days of the discussion with the employee, the supervisor shall respond in writing
to the employee's complaint If the employee is dissatisfied or if the supervisor fails to respond,
the employee shall have access to the formal grievance process described below
Step One — Department Head
The aggrieved employee shall present in writing as prescribed above his/her grievances to the Fire Chief
within ten (10) days of the date the employee(s) knew or reasonably should have known of the incident
giving rise to the grievance. The Association and/or employee(s) waives the right to proceed with the
grievance if the grievant does not initiate the procedure by this deadline. Within ten (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 eight (8) days of hearing the grievance the Fire Chief or designee shall present
his/her decision in writing to the Association and/or employee(s) with copies to the Human Resources
Director and the City Administrator.
If the Union or employee(s) is not satisfied with the result of the meeting with the Department Director,
the grievant may submit a written request within eight (8) days of the written decision of the
Department Director, that the matter be heard by the City Administrator or designee.
Step Two - City Administrator/Advisory Arbitration
If the Association or employee(s) is not satisfied with the result of the meeting with the Fire Chief, within
eight (8) days the grievant may submit a written request within eight (8) days of the written decision
45
of the Department Head, that the matter be heard by the City Administrator or designee, or the
employee(s) and/or Association may choose to have the matter heard by an impartial hearing officer
(arbitrator).
Should the matter be submitted directly to the City Administrator or designee, he/she shall meet with
the Association and/or employee(s) within ten (10) days of receipt of the grievant's written notice. If
the Association and/or employee(s) elects to have the matter heard by the City Administrator or
designee the Association and/or employee(s) waives the right to have the matter heard by an
arbitrator. Within eight (8) days of hearing the grievance, the City Administrator shall provide his/her
decision in writing to the Association and/or employee(s). The decision of the City Administrator shall
be final and binding.
If the Association elects arbitration, costs of the arbitration shall be shared equally between the
Association and the City. A court reporter shall be retained only by mutual consent of the parties. The
costs of the arbitration including the court reporter, shall be divided in half (i.e. 50/50) by the parties.
Attorney fees staff time and witness fees shall not be shared between the parties and shall be paid by
the party that incurred the cost.
If the Association elects arbitration the City shall request a list of five (5) arbitrators registered with the
American Arbitration Association, California State Conciliation Service or some other mutually agreed
upon source within ten (10) days of the Association's request. Upon receipt of the list, the parties shall
alternately strike names from the list until a final name is selected as the hearing officer, with the
Association striking first. The selected arbitrator shall serve as the hearing officer. All arbitration
proceedings arising under the Grievance procedure shall be governed by the provisions of Title 9 Part 3
of the Code of Civil Procedure of the State of California.
Within ten (10) days of receipt of the arbitrator's recommendation the City Administrator shall provide
his/her decision in writing to the Association and employee(s). The recommendation of an arbitrator
shall be advisory to the City Administrator or designee. The decision of the City Administrator shall be
final and binding.
All time limits specified in the foregoing procedure may be waived only by mutual written agreement.
46
Should employees represented by the Vernon Firemen's Association (VFA) amend their MOU
contract language regarding Grievance Procedures between July 1, 2016 and June 30, 2019, the
City and the VFMA agree to amend the VFMA MOU to incorporate such changes.
The bbneved
days of the
date the employee(s) knew
writing
or Feasonably should
a nevaFtees
have known
to the Fire
of the ineidefit
ChiefwitWn
giving
ten
rise
(10)
to the
evaneeb
right
b
does
initiate the
by this
the FiFe
or the
designee
anevant
not procedure
Fire
Chief,
the Asseeiation
to heaF
the
of the
shall ineet with
and empleyee(s)
a
Fire Chief desigHee
in
hearingdays of
the gnevanee, the
of
b
If the Asseeiation or eWlayee(s) is not satisfied with the result of the
Asseeiation and employee(s) with eepies to the Human Reseumes Direeter and the City AdfpjnistFatef:.
designee,five (5) days the gFievant fnay request the foaner be heard by the City Administm*r of:
b
designee,
notice.
if the
b nevant's
writ4on
A ,,.t/..,.
employee(s) eleets
to have the
heard by the Cify
AdmiftistFator of designee,
the
matter
the
and/or-
efapleyee(s4
waives
rightAsseeiatien
days
writing, in
to th-e
ef b the
b
A sseeiat: Rd a
..loyee(s) The
desist..., of the C':t., Ad..
iRiStF t8r ball
be final and {.indi..,.
47
b
f+ofn list
final is
the
hearingaltemately
effieef!,
with the
strike
names the until
The
a nafne seleeted as
the
hearing
Asseeiation
b selooted
ar-bi4utef: shall sem,e as
Paft
pf:oeeedifigs
F the Code f
Civil D duf-e F 1. StateF
b
(' I'f Fn
s
ten (10) days of reeeipf of the arbitFator2s
deeision, in Asseeiation
feeemmeadafien, the City AdffiiHiStFatff Shall pr&Vide
The r-eeemnendatien of an arbitFater-
writing,Within
his/her- to the
and eWloyee(s).
shal be l~ adviser), the City Administfater
OF designee. The ,,eeisi n of the City n a...iniscFat ... shall be
final and binding,
All time lifaits speeified in the b preeedure Fna), be waived only by fautual written agreement.
48
ARTICLE FOURTEEN TEN
DISCIPLINE PROCEDURE
A. DISCIPLINARY ACTIONS
1. The tenure of every City employee shall be based on reasonable standards of personal conduct
and job performance. Failure to meet such standards shall be grounds for appropriate disciplinary action,
which shall be commensurate with the seriousness of the offense and with consideration of the
employee's personnel file. Progressive discipline will be used; however, this does not preclude the City
from taking disciplinary action, up to and including termination, for an incident for which there is no prior
documentation as long as the disciplinary action is warranted and is based on just cause.
2. The following procedures shall be followed when, in the judgment of the Department Director, an
employee has committed an act or omission that justifies discipline. The Department Director or his/her
designee shall advise employees of contemplated disciplinary actions in writing and allow the employee
an opportunity to respond to such charges prior to taking final action.
a. Disciplinary actions should be documented in the employee's official personnel file.
Performance deficiencies documented in the employee's performance evaluation as "does not meet
standards" may be the basis for disciplinary action if the employee fails to correct those performance
deficiencies within the time period designated by his/her supervisor. To the extent possible, performance
deficiencies or other causes for discipline will be documented in the employee's personnel file.
b. Upon the City receiving authorization from the employee, the City will provide the
Association with all written notices of discipline given to employees represented by Association. The
written notice of discipline will also inform the employee that he/she has the right to consult with the
Association with regard to the disciplinary action being taken.
C. Nothing in this article shall preclude the Fire Chief or his/her designee from ordering an
employee to cooperate with other agencies involved in criminal investigations. If an employee fails to
comply with such an order, the employee may be officially charged with insubordination.
49
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.
Employee Response/Pre-Disciplinary Conference
The notice of proposed action shall state the date by which the employee must exercise the right to
respond orally, in writing or both orally and in writing. This represents the pre -disciplinary opportunity
for the employee to state any reasons that he/she believes the proposed action to be inappropriate. The
employee shall have a reasonable amount of time to respond, which shall not be fewer than five days.
This date may be adjusted by mutual agreement. Failure to respond by the assigned date will constitute a
waiver of the right to respond. Any response will be fully considered before any final action is decided
upon.
The Pre -Disciplinary Conference does not need to be an evidentiary hearing. An employee has the right to
have a representative of his or her own choosing at the conference. The City may conduct further
investigation if the employee's version of the facts or new information raises doubts as to the accuracy of
the City's information leading to the discipline proposal.
Written Notice of Final Action
After consideration of the employee's response, or in the absence of a response, written notice of the final
disciplinary action shall be given to the employee. Such notice shall include essentially the same
dc
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 without
pay for up to five (5) days pending the processing of the notices required in Section B of this article or
may be suspended with pay pending the completion of such investigations or hearings as may be required
to determine if disciplinary action is to be taken. If the charges and/or allegations are not sustained, the
employee suspended without pay shall be entitled to reinstatement with full back pay and benefits. All
back pay awards related to suspension, demotions and discharges shall include interest as set by Civil
Code §§ 3287 et. seq.
C. DISCIPLINARY APPEAL PROCEDURES
The appeal process shall not be applicable to newly hired probationary employees. The appeal process
shall not be applicable to performance evaluations, or verbal reprimands.
An employee desiring to appeal the discipline shall have ten (10) days after receipt of notice of discipline.
The employee's request for appeal must be addressed to the City Administrator and received in the
Human Resources Department. The Human Resources Department shall date stamp the employee's
appeal to verify the timeliness of the appeal.
If, by the expiration of the (ten) 10 day appeal period, the employee does not file the appeal, unless good
cause for the failure is shown, the discipline shall be considered conclusive and the right of appeal to have
been waived. If the employee files a timely appeal, an appeal hearing shall be established as follows:
1. The employee and the City shall jointly request the State Office of Administrative Hearings to
appoint an Administrative Law Judge (AU) 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 AU fees and court reporter fees, but excluding attorney fees,
expert witness(es) and staff time.
51
2. All appeal proceedings arising under this procedure shall be governed by the provisions of
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the California
Government Code.
3. All time limits specified in the procedure may be waived by mutual written agreement.
4. At the conclusion of the hearing, the AU will submit his/her findings to the City and the
employee. Within ten (10) days of receiving the AU's findings, the City Administrator shall
provide his/her decision, in writing, to the employee. The City Administrator's decisions shall
set forth which charges, if any, are sustained and the reasons therefor. The opinion shall set forth
findings of fact and conclusions. The City Administrator's decision is final, subject to the option
of the employee to bring a proceeding pursuant to Code of Civil Procedure sections 1094.5 and
1094.6.
Should employees represented by the Vernon Firemen's Association (VFA) amend their MOU contract
language regarding Discipline Procedures between July 1, 20164 and June 30, 20196, the City and the
VFMA agree to amend the VFMA MOU to incorporate such changes.
52
ARTICLE FIFTEEN CAI
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.
53
L. Determine and/or change the facilities, methods, technology, means, organizational structure and
size and composition of the work force and allocate and assign work by which the City
operations are to be conducted.
M. Determine and change the number of locations, relocations and type of operations processes and
materials to be used in carrying out all city functions, including, but not limited to, the right to
contract for or subcontract any work or operations of the City.
N. Assign work to employees in accordance with requirements as determined by the City.
O. Establish and modify productivity and performance programs and standards.
P. For just cause only, discharge, suspend, demote, reprimand, withhold salary increases and
benefits, or otherwise discipline employees in accordance with applicable state law.
Q. Establish employee performance standards including, but not limited to, quality and quantity
standards, and to require compliance therewith.
R. Take all necessary actions to carry out its mission in emergencies.
S. Exercise complete control and discretion over its organization and the technology of performing
its work.
54
SIGNATURES
CITY OF VERNON VERNON FIRE MANAGEMENT ASSOCIATION
Carlos R. Fandino Jr. David Lazar
City AdministratorP'MERR" President
Isaac Garibay David Kimes
Director of Human Resources Vice President
Lisette M. Grizzelle
Andrew Guth
Senior Human Resources Analyst
Treasurer
Todd Painton
William F. Fox
Director of Finance/City Treasurer
Secretary
Ana K. Rueda
Human Resources Analyst
APPROVED AS TO FORM:
Zaynah Moussa
Deputy City Attorney
Dated: 2016
APPROVED AND ADOPTED BY CITY
COUNCIL ON PER
RESOLUTION NO.
ATTEST:
Dated:
Maria Ayala, City Clerk
55