Resolution No. 2017-055RESOLUTION NO. 2017-55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AN AMENDED AND RESTATED 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 12, 2016, the City Council of the City of
Vernon adopted Resolution No. 2016-37, approving a Memorandum of
Understanding ("MOU") by and between the City and the VFMA 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 an amended and restated MOU to delete what was
previously titled Article Nine regarding Holidays in its entirety and
renumber the subsequent articles accordingly, and to revise the
following provisions: (a) Article Three, Section 1 regarding Salaries,
(b) Article Three, Section 5 regarding Education Incentive Pay,
(c) Article Three, Section 8 regarding Hazardous Materials Specialist
Pay, (d) Article Three, Section 9 regarding Urban Search and Rescue
(USAR) Pay, (e) Article Four, Section 1 regarding Employees Hired On or
Before June 30, 1994, (f) Article Seven, Section 5 regarding Dental,
(g) Article Seven, Section 6 regarding Vision, (h) Article Nine,
Section 1 regarding Sick Leave, (i) Article Twelve regarding Grievance
Procedure, and (j) Article Thirteen regarding Discipline Procedure; and
WHEREAS, the City Council desires to approve the amended and
restated 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 from 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 amended and restated 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: All resolutions or parts of resolutions,
specifically Resolution No. 2016-37, not consistent with or in conflict
with this resolution are hereby repealed.
SECTION 6: 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 7: 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 24th day of October, 2017.
Na Meliss A. Ybarra
ATTEST:
• C�
aria E.44yala
City Clerk / QapiLLy_ er ---
APPROVED AS TO FORM:
Zay a Moussa,
Senior Deputy City Attorney
Title: Mayor
- 3 -
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Maria E. Ayala, City Clerk / nutl C-t1 r, __ 'of the City
of Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 2017-55, was duly passed, approved and adopted by the
City Council of the City of Vernon at an adjourned regular meeting of
the City Council duly held on Tuesday, October 24, 2017, and thereafter
was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this ? day of October, 2017, at Vernon, California.
(SEAL)
- 4 -
Maria E Ayala
City Clerk
EXHIBIT A
'gos
sooMo�o�
sAV LY 1?4'0
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
AND
VERNON FIRE MANAGEMENT ASSOCIATION
July 1, 2016 through June 30, 2019
Atp,140
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tr M�
FIRE
TABLE OF CONTENTS
MEMORANDUM OF UNDERSTANDING
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................................................................................... I I
Section 4: Severability ................................................................................I I
ARTICLE THREE: SALARIES
SectionI: 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 .....................................
ARTICLE SEVEN: BENEFITS
Section l: Public Employees Retirement System ......................
3
..... 23
.................24
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 1 1:
Retiree's Medical........................................................................
28
ARTICLE EIGHT: VACATION
Section 1: Vacation Time..............................................................................30
Section 2: Vacation Leave: Administrative Personnel .......................................... 30
ARTICLE NWE: HOLIDAYS
Seetie!i
Section 1:
Section 2:
ARTICLE NINETEN: SICK LEAVE
SickLeave ......................................................
Sick Leave Conversion .......................................
ARTICLE TEN�'�i—LEAVE BENEFITS
................. 34
................. 35
Section1: Jury Duty .................................................................................. 37
Section 2: Bereavement Leave..................................................................... 37
ARTICLE ELEVENT"'�; : WORK SCHEDULE AND ABSENCES
4
Section l: FLSA Work Period...................................................................... 40
Section 2: Work Schedules........................................................................... 40
Section 4: Shift Trades............................................................................... 40
Section 5: Early Relief............................................................................... 41
ARTICLE THTRq-E-£ TWELVE: GRIEVANCE PROCEDURE
Grievance Procedure Steps................................................................................ 42
ARTICLE FGU THIRTEEN: DISCIPLINE PROCEDURE
Discipline Procedure....................................................................................... 46
ARTICLE F',TEENFOURTEEN: MANAGEMENT RIGHTS
ManagementRights......................................................................................... 50
SIGNATURE PAGE
Signatures.................................................................................................... 52
5
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, 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:
6
ARTICLE ONE
FUNDAMENTALS
Section l: 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 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: 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 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
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 Reauirement
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 Savin¢s 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: Nlaintenance 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- M i I ias-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 75`h 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 E
FM42
Step 1
$13,890
Step 2
$14,585
Step 3
$15,314
Step 4
$16,080
Step 5
$16,884
Fire Battalion Chief (P) NE
FM38
Step 1
$11,427
Step 2
$11,998
Step 3
$12,598
Step 4
$13,228
Step 5
$13,890
Fire Battalion Chief (A) NE FMA38
Step 1 $11,427
Step 2 $11,998
Step 3 $12,598
Step 4 $13,228
Step 5 $13,890
12
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 Ciro Ghmef i= €M2
Step 4
Step 2
Step 3
Step 4
Step 5
$14,179
$44;888
$45,632
$46,444
$47,235
N€ €M33
Step 4 $ a -a ; 665
Step 2 $42,249
Step 3 4
Step 4 $ a 3 504
Step 5 $14, 79
NE-MA38
S���,�,� qq
�T
Step 2 $12,249
Step 4 $43 504
Step 5 $44 ,179
Ciro Marshal N€ €M38
Step 4 $ii,666
Step 2 $12,249
Step 3 $12,861
Step 4 $13,504
Step 5 $ 14,179
Assistant Fire Chief
Step 1
Step 2
Step 3
Step 4
E FM 42
13
$ 14,166
$ 14,874
$ 15,618
$ 16,399
- - Formatted Table
- - Formatted Table
Step 5
Fire Battalion Chief
Step 1
Step 2
Step 3
Step 4
Step 5
Fire Battalion Chief
Step 1
Step 2
Step 3
Step 4
Step 5
Fire Marshal
Step 1
Step 2
Step 3
Step 4
Step 5
NE FM
$ 17,219
38
$ 11,654
$ 12,237
$ 12,849
$ 13,491
$ 14,166
NE FMA 38
NE FM 38
Classification and Compensation Plan - Effective July 8, 2018
Asisast Rt FeFe Gheef € 1 M42
Step 1
Step 2
Step 3
Step 4
Step 5
N-E FM38
Step 1
Step 3
Step Step 2
Step 5
$ 11,654
$ 12,237
$ 12,849
$ 13,491
$ 14,166
Formatted: Font: Times New Roman, 12 pt,
t Not Bold, Underline
$ 11,654
Formatted: Font: Times New Roman, 12 pt,
$ 12,237
underline
$ 12,849
t Formatted Table
$ 13,491
$ 14,166
$14462
$16, 944
$17,678
Formatted Table
NE- FMA38
Step 1 $11,997
Step —2 $12,492
Step 3 $43,117
Step 4 $1 3,773
Step 5 $44,462
14
FiF n� �a1 N€ €M35
Step 1 $11, 897
Step 2 $12, 492
Step 3 $13,117
Step 4 $13,773
Step 5 $114, 462
Assistant Fire Chief E FM 42
Step 1
Step 2
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 FM 38
NE FMA 38
NE FM 38
$ 14,449
$ 15,172
$ 15,931
$ 16,727
$ 17,563
$ 11,888
$ 12,482
$ 13,106
$ 13,761
$ 14,449
$ 11,888
$ 12,482
$ 13,106
$ 13,761
$ 14,449
$ 11,888
$ 12,482
$ 13,106
$ 13,761
$ 14,449
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
15
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 3: Salary Adjustment 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 mpleyee ...he has mpleted his initial hire n«.hatienai-y period and whe holds a fi
eetifses) shall reeeive an additional three pereent 4ifieate or has eempleted eetifse equivalefif thereto (i.e., 30 units of fife seienee related
Formatted: Font: Not Bold, No underline_
Formatted: Indent: Left: 0.45", No bullets or
numbering, Tab stops: 0.2", Decimal aligned_]
Effective July 1, 2016, all unit employees hired Aefore July 1, 2016, who have completed the initial hire fFormatted. Font: Font color: Auto
probationary_ period and who hold a fire science certificate or have completed the course equivalent Formatted: Space Before: 13.65 pt
thereto (i.e.,30 units of fire science related courses) shall receive an additional six percent (6%) of their
base rate of pay per month, after satisfactory completion of their performance evaluation period. Unit
employees hired before July 11 2016. who have passed their probationary period, and who do not
16
currently hold a fire science certificate or possess the equivalent units as stated above will be given until
July 1, 2017, to obtain the fire science certificate or equivalent units. Such employees will be given an
additional three percent (3%) of their base rate of pay per month effective July 1, 2016. Should the
employee not obtain the necessary fire science certificate or equivalent units by July 1, 2017, they will no
longer be eligible to receive the additional three percent (3%). An employee, at the sole discretion of the
Fire Chief, may be given an additional six months to obtain the fire science certificate or equivalent units.
Upon obtaining the necessary fire science certificate or equivalent units, such employee shall begin to
receive the additional six percent ON of their base rate of pay per month instead of the three percent
(3%) in accordance with the terms stated above.
.All unit employees hired after July 1, 2016, who have completed the initial hire probationary period and
who hold a fire science certificate or have completed the course equivalent thereto (i.e. 30 units of fire
science related courses) shall receive an additional three percent (3%) of their base rate of pay per month,
after satisfactory completion of their performance 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 9%.
Should employees represented by the Vernon Firemen's Association (VFA) receive across -the board
enhancements to the existing in Lieu HelidaysEducational Incentive Pa v 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
17
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
e neeember 28 2014 (the.
., e ,.,3 ii > ,
Unit employees hired before July 1, 2016, 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. Said payment shall not be considered to be part of the employee's base salary when
computing incentive pay.
For any unit employees hired after July 1, 2016 all personnel assigned to a Hazardous Materials
team/station who are performing the duties required of the Hazmat Assignment, and who have completed
required training and possess a valid certification, shall receive $17.82 per shift worked on Hazmat
Assignment. 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
18
enhancements to the existing Hazardous Materials Specialist Pay between July 1, 2016 and June 30,
2019, a like enhancement will be provided to employees represented by the VFMA.
Section 9: Urban Search and Rescue (USAR) Pay
Unit employees hired before July 1 2016 certified as a USAR Specialist shall receive special
compensation of one hundred and seventy-eight dollars and twenty one cents 6178.21) per month above
their base pay. Said pamnent shall not be considered to be part of the employee's base salary when
computing incentive pay.
For any unit employees hired after July 1 2016 all personnel assigned to a USAR team/station who are
performing the duties required of the USAR Assignment and who have completed required training and
possess a valid certification shall receive $17 82 per shift worker on USAR Assignment Said payment
shall not be considered 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 'Liet;=�QaysUSAR Pa v between July I, 2016 and June 30, 2019, a like
enhancement will be provided to employees represented by the VFMA.
Section 10: 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 11: Computation of Pay
19
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-how 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.
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,
Fire Battalion Chief (A) or Fire Marshal............................................25% above base pay
Section 2: Employees Hired After June 30, 1"4 and before December 31, 2013
Upon attaining 5 years of service with the City of Vernon........................5% above base pay
20
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
21
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
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: Usa¢e 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
22
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)
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: Trainine 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.
23
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-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.
24
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.
25
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 CalPERS
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
• Gov't Code Section: 20965-Credit for Unused Sick Leave
26
Section 3: Cafeteria Plan
,The Cityand the Association agree to a section I25_cafeteria plan anon -cash out), effective July_1, 2016 f Formatted: Font: Times New Roman
The City will adhere to the cafeteria plan requirements in accordance with IRS Section 125 regulations. Formatted: Normal, Indent: First line: 0",
Space Before: 0.4 pt, After: 0 pt, Line
The City shall provide to each employee in this bargaining unit a monthly allowance toward the cost of spacing: 1.5 lines
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.
t -----
Formatted: Space Before: 0.4 pt
A. During_the term_of the Agreement, for employees who elect Employee_+ -Family coverage, _the- _, ----
or-- -
Formatted: Font: 11 pt
City agrees to provide a cafeteria plan contribution equal to the total premium costs of the
Formatted: Normal, Justified, Space Before:
0.4 pt, Line spacing: 1.5 lines, Numbered +
Employee + Family Low Medical HMO, Employee + Family lowest cost Dental DMO and
Level: 1 + Numbering Style: A, B, C, ... + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
lowest cost family vision plan. Employees enrolled in the Employee + Family health benefits
Indent at: 0.5"
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
Ist 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. poring the term of the ARreement, for employees who elect Employee Only, Employee +_ Spouses Formatted: Font: 11 pc
and Employee +Children tiers, the City agrees to provide the same flat dollar cafeteria Formatted: Normal, Justified, space Before:
0.4 pt, Line spacing: 1.5 lines, Numbered +
contribution for medical, dental and vision benefits that the City is paying as of June 2016 for Level: 1 +Numbering Style: A, B, C, ... +sta
at: 1 +Alignment: Left +Aligned at: 0.25" +
these employee health group tiers. That amount is $1,100 per month. Employees who elect one Indent at: o.s"
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
rt
27
27
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 $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: Font: 11 pt
Formatted: Normal, Justified, Space Before:
0.4 pt, 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"
D. ,punng_ the term of the Agreement, Employees will _be allowed to opt_ in the Employee +- - Formatted: Font: 11 pt
Family plan during any open enrollment period or upon a qualifying event as prescribed by the Formatted: Normal, Justified, Space Before:
0.4 pt, After: 0 pt, Line spacing: 1.5 lines,
City's insurance provider. Numbered + Level: 1 + Numbering Style: A, B,
C, ... + Start at: 1 + Alignment: Left + Aligned
at: 0.25" + Indent at: 0.5"
Should employees_ represented_ by the Vernon _Firemen's -Association (VFA) receive across -the board .- Formatted: Front: 11 pt
enhancements to the existing medical benefit program between Julyl, 2016, and June 30, 2019, a like Formatted: Normal, Justified, Indent: Left:
0", Space Before: 0.4 pt, After: 0 pt, Line
increase will be provided to employees represented by the VFMA. spacing: 1.5 lines
Section 5• Dental:
The Gity ef Vemen offers a dental insw:anee plan to empleyees. Empleyees fn&y apply any unused
The City of Vernon provides a dental insurance plan to employees. In the event an employee does not
exceed his/her monthly employer medical allowance, the employee shall be allowed to apply any unused
portion toward the purchase of dental insurance for himself/herself and eligible le dependents The cost of
28
any plan selected by the employee that exceeds his/her monthly employer medical allowance shall be paid
by the employee through a pre-taxpaavroll 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.
In the event an employee does not exceed his/her monthly
employer medical allowance, the employee shall be allowed to apply any unused portion towards the
purchase of additional provided coverage for vision care.
All itemized benefit amounts -specified in the Cityof Vemon Vision-Plan-(CVVP) that fall below $150 Formatted: Font: Times New Roman
shall be raised to $150. Formatted: Normal, Lek, Space After: 0 pt,
Line spacing: 1.5 lines
-------------------------------------------------------------------------------------------------------------------------- --- Formatted: Font: Times New Roman
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.
Section 8: Deferred Compensation
29
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 (FIALA)
• 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
continuous service with the City of Vernon. The maximum $1,100 City contribution shall be applied
30
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 1 I shall stay in
effect.
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
32
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
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
HOLIDAVS
Formatted: Centered
..
Unit empleyees shall be eredited with three (34 -24 hour holiday -in Formatted: Centered, Line spacing: single
- - - - Formatted: Centered
Any aeemed, tioused heurs shall be paid at the ef"plO�'ee*S FegUlar fate of pay, eefflptited iH aeeeFdonee -- ---_ Formatted: Centered, Line spacing: single
tfi n.. pP*le
�7e-e
whe quits ef is tefffliflated Sh"ll fiet be efitifled te my eempeasatien fer "in lieu- holidays fiet taken tffile�s
preweusly denied.
34
al
ARTICLE TIENNINE
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: Font: 11 pt
Upon reaching the cap of 1440, employees will continue to accrue sick leave provided, however, in the
matted: Body Text l,btl, Line spacing:
lines, Tab stops: Not at -0.83" + -0.5" +
FEr5
final pay period in December each year all accrued sick leave in excess of 1440 hours shall be cashed in
1.i3" + 1.88" + 2.38" + 2.75" + 3" +
" + 3.75"
at fifty percent (50%) of the employee's regular rate of pay. Part-time and temporary VFMA employees
(excluding Ca1PERS 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: Body Text l,btl, Indent: Left: 0"
Full-time forty -hour (40-hour) personnel accrue sick time at a rate of 3.96 hours per pay period (103-------
Formatted: Body Text 1,btl, Line spacing:
1.5 lines, Tab stops: Not at -0.83" + -0.5" +
hours annually). Upon reaching the cap of 1029, employees will continue to accrue sick leave
o" + 1.13" + 1.88" + 2.38" + 2.75" + 3" +
3.25" + 3.75"
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 employmentwith the C-ity, they shall be eerapensated
to the Employees that sepafate
fteffi
any aeended siekleave houfs at the time of separation up eap.
ith more than 20-Years of sefyiee credit will be eempensa4ed at 0
leave hOHFS 4bf 40 houf and
0
pay fate applied to the first 672 siek HfS (480 personnel)
siek leave heurs after that -up to the eap. Emp1eyees with less than 20 yeafs of serviee
Employees shall hHve the opt: On
will be
eampensated at of their- then eufFefit pay fate.
redit faf theif aeefued, unused siek leave houfs instead ef a eash paYfnent
pursuant to
36
B-.A._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.
EB. _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.
B-.C. 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.D. _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 ofsuppression sick leave -1.4 = 80 hours of
administrative sick time). Said converted balances shall be available for employee's use while assigned to
the administrative work schedule in accordance with applicable policies.
At the time an employee is returned to the suppression work 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 LLE%'ENTEN
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
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
39
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.
40
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
ARTICLE T-WEANBELEVEN
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.
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 TW4"TiENTWELVE
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
gmployees shall have the right to present their own ptievance or_ do so through their ASSOciati011• : , - Formatted: Font: Times New Roman
representative. Formatted: Normal, Justified, Line spacing:
1.5 lines
Grievances shall be processed on standard forms provided by the Department_of HumanResources and----,- - Formatted: Font: Times New Roman
shall contain information which (a) identifies the aggrieved, (b) contains the specific nature of the Formatted: Normal, Justified, Line spacing:
1.5 lines
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 _employee's _grievance_ within_ the time limits specified:_, {Formatted: Font: Times New Roman
automatically grants to the employee the right to process the grievance to the next level. Failure by Formatted: Normal, Justified, Line spacing:
1.5 lines
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
44
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.
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 eigltt twelve (128) days of the date the employee(s) knew or reasonably should have known of theme -- Formatted: rant: Times New Roman
incident giving rise to the grievance, the employee may discuss the complaint with his/her immediate Formatted: Normal, Justified
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 eig44-twelve (128) 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 -twelve (12-A) 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 twelveten
(12+0) 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 -twelve (128) 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 --twelve (128) days of the written decision of the
Department Director, that the matter be heard by the City Administrator or designee.
45
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
eig#:t—twelve (12$) days the grievant may submit a written, request, within eiglWtwelve (128) 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------ Formatted: Justified
Association and/or employee(s) within twelvetm (124-0) 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 twelveeigi# (124) 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 tewstwelve (12+0) 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
46
shall be final and binding subject to the option of the employee to bring a proceeding pursuant to Code of
Civil Procedure sections 1094.5 and 1094.6.
All time limits specified in the foregoing procedure may be waived only by mutual written agreement.
,Should_employees represented by the Vernon Firemen's Association (VFA) amend their MOU_contract__ - Formatted: Font: Upt
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.
47
ARTICLE F49UR414& -THIRTEEN
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 actor omission that justifies discipline. The Department Director or his/her
designee shall advise employees of contemplated disciplinary actions in writing and allow the employee
an opportunity to respond to such charges prior to taking final action.
a. Disciplinary actions should be documented in the employee's official personnel file.
Performance deficiencies documented in the employee's performance evaluation as "does not meet
standards" may be the basis for disciplinary action if the employee fails to correct those performance
deficiencies within the time period designated by his/her supervisor. To the extent possible, performance
deficiencies or other causes for discipline will be documented in the employee's personnel file.
b. Upon the City receiving authorization from the employee, the City will provide the
Association with all written notices of discipline given to employees represented by Association. The
written notice of discipline will also inform the employee that he/she has the right to consult with the
Association with regard to the disciplinary action being taken.
C. Nothing in this article shall preclude the Fire Chief or his/her designee from ordering an
employee to cooperate with other agencies involved in criminal investigations. If an employee fails to
comply with such an order, the employee may be officially charged with insubordination.
B. PRE -DISCIPLINARY PROCEDURES
Prior to the discipline of any permanent employee, the following procedures shall be followed. This
process shall not be applicable to performance evaluations or verbal counseling/reprimands.
48
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.
Emer¢encies
When, in the opinion of the City, immediate disciplinary action is required to protect the health, safety or
welfare of the public, other employees or the employee himself, the employee may be suspended with pay
49
without pay feF up to five (5) pending the processing of the notices required in Section B of this
article and pending the completion of such investigations or hearings as may be required to determine if
disciplinary action is to be taken.
hearings as may be required te de4efmine if diseiplinafy aetieft ir, te be taken. if the
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. 50/50) the
hearing -related expenses such as ALJ fees and court reporter fees, but excluding attorney fees,
expert witness(es) and staff time.
2. All appeal proceedings arising under this procedure shall be governed by the provisions of
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the California
Government Code.
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
50
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.
51
ARTICLE FOURTEEN
MANAGEMENT RIGHTS
Except as limited by the specific and express terns 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.
52
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.
53
CITY OF VERNON
Carlos R. Fandino Jr.
City AdministratorP'MERR"
William F. Fox
Director of Finance/City Treasurer
Lisette M. Grizzelle
Senior Human Resources Analyst
Ana K. Rueda
Human Resources Analyst
APPROVED AS TO FORM:
Zaynah Moussa
Deputy City Attorney
Dated: 2016
SIGNATURES
VERNON FIRE MANAGEMENT ASSOCIATION
David Lazar
President
David Kimes
Vice President
Andrew Guth
Treasurer
Todd Painton
Secretary
APPROVED AND ADOPTED BY CITY COUNCIL ON
RESOLUTION NO.
ATTEST:
Maria Ayala, City Clerk
54
Dated:
PER
FULLY EXECUTED AGREEMENT
SIGNATURE ROUTING FORM
CONTRACTOR: Vernon Fire Management Association
CONTRACT PURPOSE: Memorandum of Understanding July 1, 2016 thru June 30 2019 — Amended & Restated
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 Eden Contract No. (if applicable)
RESPONSIBLE DEPARTMENT PERSON: Michael Earl PHONE: ext. 239
AUTHORIZATION: 2'*A'pproved by Council on 10/24/2017
(Check one and attach Resolution No. 2017-55 (if applicable)
supporting documentation)
❑ Approved by City Administrator on
❑ Approved by Finance Director on
ROUTING SEQUENCE: (Please Follow In Order) Initials Date
(1) Responsible Department Person
Certifies compliance with Competitive Bidding and Purchasing Ordinance,
obtains approval from City Council/City Administrator/Finance Director, and obtains
approval as to form from the City Attorney's Office, assembles two (2) originals of contract,
obtains proper signatures from contractor/consultant pursuant to the signature requirements,
obtains insurance & bond documents, notifies IT to remove related RFP/bid notice from the
City's website (if applicable), enters contract into Eden once routing process is complete.
(2) Liability and Claims i l }) I
Approves insurance and sureties, if bonds required. 1
W —
(3) Finance (Purchasing) ItO
Checks compliance with Competitive Bidding & Living Wage Ordinances
and reflected in current budget.
(4) City Attorney
Approves contract as to form. �
(5) City Signatory 2 r
Signs document on behalf of City. ( (✓ l
(6) City Clerk
Attests signatures, numbers and files contract, enters contract documents
(executed contract, supporting documentation, insurance and bonds, etc.) into Laserfiche,
transmits duplicate original to contractor/consultant, notifies Responsible Department Person,
and notifies any "consultant" of duties to file Form 700, if applicable.
Rev. 6/2017
TRANSMITTAL COMMUNICATION
.all of 'UCr--
Itp .. - , T".� nott
OFFICE OF THE CITY CLERK
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
November 14, 2017
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 — Amended & Restated
Dear Mr. Lazar:
Please find enclosed a copy of the fully executed original Memorandum of Understanding
approved by City Council on October 24, 2017, through Resolution No. 2017-55.
If you have any questions regarding this matter, please call Carlos Fandino, at (323) 583-8811
ext. 570.
Very tru yours,
Deborah R. Juarez( -
Records Management Assistant
Enclosure
c: Michael Earl
Bruce English
Carlos Fandino
William Fox
Resolution No. 2017-55
Agreement No. 17-105
E,�cfusivefy IndustriaC
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
:nc
VERNON FIRE MANAGEMENT ASSOCIATION
July 1, 2016 through June 30, 2019
aERNOk
F111E
TABLE OF CONTENTS
MEMORANDUM OF UNDERSTANDING
Parties to the Memorandum of Understanding.......................................................... 6
ARTICLE ONE: FUNDAMENTALS
Section l:
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...............................................................I I
Section 2: Maintenance of Existing Conditions ................................................... I 1
Section 3: Modification and Waiver.....................................................................................I 1
Section4: Severability................................................................................I 1
ARTICLE THREE: SALARIES
Section1: Salaries................................................................................................................12
Section2: Merit Steps................................................................................ 14
2
Section 3: Salary Adjustment Increase........................................................... 15
Section 4: Bilingual Pay............................................................................ 15
Section 5: Educational Incentive Pay................................................................ 15
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 ................................................... 17
Section 9: Urban Search and Rescue Specialist Pay .............................................. 17
Section 10: Physical Fitness/Wellness Program ................................................... 18
Section 11: Computation of Pay.................................................................... 18
ARTICLE FOUR: LONGEVITY
Section 1: Employees Hired On or Before June 30, 1994....................................... 19
Section 2: Employees Hired After June 30, 1994................................................19
ARTICLE FIVE: OVERTIME
Section 1: Overtime Authorization................................................................ 20
Section 2: Compensatory Time......................................................................21
Section 3: Compensatory Time Payment upon Termination .................................... 21
Section 4: Usage of Compensatory Time Earned ................................................ 21
Section 5: Leave Inclusion.......................................................................... 21
Section 6: Training and Recertification............................................................ 22
Section7: Call Backs................................................................................. 22
Section 8: Non-Compensable....................................................................... 22
ARTICLE SIX: UNIFORMS
Section 1: Uniform Allowance..................................................................... 24
3
ARTICLE SEVEN: BENEFITS
Section 1: Public Employees Retirement System.................................................25
Section 2: Supplemental PERS Benefits........................................................... 25
Section 3: Cafeteria Plan............................................................................. 26
Section4: Medical................................................................................... 26
Section5: Dental..................................................................................... 27
Section6: Vision...................................................................................... 28
Section 7: Life Insurance............................................................................. 28
Section 8: Deferred Compensation................................................................. 28
Section 9: Education Reimbursement.............................................................. 28
Section 10: Other Employee Programs.............................................................. 29
Section 11: Retiree's Medical........................................................................ 29
ARTICLE EIGHT: VACATION
Section1: Vacation Time............................................................................. 31
Section 2: Vacation Leave: Administrative Personnel .......................................... 31
ARTICLE NINE: SICK LEAVE
Section1: Sick Leave................................................................................. 33
Section 2: Sick Leave Conversion.................................................................. 34
ARTICLE TEN — LEAVE BENEFITS
Section1: Jury Duty.................................................................................. 35
Section 2: Bereavement Leave..................................................................... 35
4
ARTICLE ELEVEN: WORK SCHEDULE AND ABSENCES
Section 1: FLSA Work Period...................................................................... 38
Section 2: Work Schedules........................................................................... 38
Section 3: Shift Trades............................................................................... 38
Section4: Early Relief............................................................................... 39
ARTICLE TWELVE: GRIEVANCE PROCEDURE
Grievance Procedure Steps................................................................................ 40
ARTICLE THIRTEEN: DISCIPLINE PROCEDURE
Discipline Procedure....................................................................................... 44
ARTICLE FOURTEEN: MANAGEMENT RIGHTS
ManagementRights......................................................................................... 48
SIGNATURE PAGE
Signatures.................................................................................................... 50
5
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, 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:
0
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 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.
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 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 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.
8
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 City and the Union when approved
and adopted by the City Council.
10
ARTICLE TWO
LEGAL LIMITATIONS, SAVINGS CLAUSE, AND TERM
Section 1: Legal Limitations and Savings Clause
It is understood and agreed that this Memorandum of Understanding (including, but not limited to, the
provisions of the Fair Labor Standards Act) and any and all Resolutions or Ordinances adopted in
implementation thereof are and shall be subject to all present and future applicable federal and state laws
and regulations and shall be effective and implemented only to the extent permitted by such laws and
regulations.
If any part of this Memorandum of Understanding or of any Resolution or Ordinance adopted in
implementation thereof is in conflict or inconsistent with any such applicable provisions of federal and
state laws or regulations or otherwise held to be invalid or unenforceable by any tribunal of competent
jurisdiction, such part or provision shall be suspended and superseded, and such applicable laws and
regulations and the remainder of this Memorandum of Understanding shall not be affected thereby and
shall remain in full force and effect;
Section 2: Maintenance of Existing Conditions
Any employment policy, practices and/or benefits, including the alternative workweek schedule and
overtime compensation are incorporated into this Memorandum of Understanding, unless
otherwise stated herein. In the event of a conflict between the Memorandum of Understanding and
an existing policy and/or practice, this Memorandum of Understanding shall govern.
Section 3: Modification and Waiver
The City reserves the right to add to, delete from, amend or modify the Administrative rules, the City
Municipal Code, and the City's Personnel Policies and Procedures Manual during the term of the
Memorandum of Understanding, subject to the requirements of the Meyers-Milias-Brown Act and the
Firefighters Procedural Bill of Rights Act.
Section 4: Severabili
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 75`h 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
E FM42 Monthly
Step 1
$13,890
Step 2
$14,585
Step 3
$15,314
Step 4
$16,080
Step 5
$16,884
Fire Battalion Chief (P)
NE FM38 Monthly
Step 1
$11,427
Step 2
$11,998
Step 3
$12,598
Step 4
$13,228
Step 5
$13,890
Fire Battalion Chief (A)
NE FMA38 Monthly
Step 1
$11,427
Step 2
$11,998
Step 3
$12,598
Step 4
$13,228
Step 5
$13,890
12
Fire Marshal NE FM38 Monthly
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 FM 42 Monthly
Step 1 $ 14,166
Step 2 $ 14,874
Step 3 $ 15,618
Step 4 $ 16,399
Step 5 $ 17,219
Fire Battalion Chief (P) NE FM 38 Monthly
Step 1 $ 11,654
Step 2 $ 12,237
Step 3 $ 12,849
Step 4 $ 13,491
Step 5 $ 14,166
Fire Battalion Chief (A) NE FMA 38 Monthly
Step 1 $ 11,654
Step 2 $ 12,237
Step 3 $ 12,849
Step 4 $ 13,491
Step 5 $ 14,166
Fire Marshal NE FM 38 Monthly
Step 1 $ 11,654
Step 2 $ 12,237
Step 3 $ 12,849
Step 4 $ 13,491
Step 5 $ 14,166
13
Classification and Compensation Plan - Effective July 8, 2018
Assistant Fire Chief E FM 42 Monthly
Step 1 $ 14,449
Step 2 $ 15,172
Step 3 $ 15,931
Step 4 $ 16,727
Step 5 $ 17,563
Fire Battalion Chief (P) NE FM 38 Monthly
Step 1 $ 11,888
Step 2 $ 12,482
Step 3 $ 13,106
Step 4 $ 13,761
Step 5 $ 14,449
Fire Battalion Chief (A) NE FMA 38 Monthly
Step 1 $ 11,888
Step 2 $ 12,482
Step 3 $ 13,106
Step 4 $ 13,761
Step 5 $ 14,449
Fire Marshal NE FM 38 Monthly
Step 1 $ 11,888
Step 2 $ 12,482
Step 3 $ 13,106
Step 4 $ 13,761
Step 5 $ 14,449
Section 2: Merit Steps
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 Adjustment 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
Effective July 1, 2016, all unit employees hired before July 1, 2016, who have completed the initial hire
probationary period and who hold a fire science certificate or have completed the course equivalent
thereto (i.e., 30 units of fire science related courses) shall receive an additional six percent (6%) of their
base rate of pay per month, after satisfactory completion of their performance evaluation period. Unit
employees hired before July 1, 2016, who have passed their probationary period, and who do not
currently hold a fire science certificate or possess the equivalent units as stated above will be given until
July 1, 2017, to obtain the fire science certificate or equivalent units. Such employees will be given an
additional three percent (3%) of their base rate of pay per month effective July 1, 2016. Should the
employee not obtain the necessary fire science certificate or equivalent units by July 1, 2017, they will no
longer be eligible to receive the additional three percent (3%). An employee, at the sole discretion of the
Fire Chief, may be given an additional six months to obtain the fire science certificate or equivalent units.
Upon obtaining the necessary fire science certificate or equivalent units, such employee shall begin to
receive the additional six percent (6%) of their base rate of pay per month instead of the three percent
(3%) in accordance with the terms stated above.
All unit employees hired after July 1, 2016, who have completed the initial hire probationary period and
who hold a fire science certificate or have completed the course equivalent thereto (i.e. 30 units of fire
15
science related courses) shall receive an additional three percent (3%) of their base rate of pay per month,
after satisfactory completion of their performance 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 9%.
Should employees represented by the Vernon Firemen's Association (VFA) receive across -the board
enhancements to the existing Educational 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.
16
Section 8: Hazardous Materials Specialist Pay
Unit employees hired before July 1, 2016, 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. Said payment shall not be considered to be part of the employee's base salary when
computing incentive pay.
For any unit employees hired after July 1, 2016, all personnel assigned to a Hazardous Materials
team/station who are performing the duties required of the Hazmat Assignment, and who have completed
required training and possess a valid certification, shall receive $17.82 per shift worked on Hazmat
Assignment. 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 enhancement will be provided to employees represented by the VFMA.
Section 9: Urban Search and Rescue (USAR) Pay
Unit employees hired before July 1, 2016, 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. Said payment shall not be considered to be part of the employee's base salary when
computing incentive pay.
For any unit employees hired after July 1, 2016, all personnel assigned to a USAR team/station who are
performing the duties required of the USAR Assignment, and who have completed required training and
possess a valid certification, shall receive $17.82 per shift worker on USAR Assignment. Said payment
shall not be considered 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 enhancement
will be provided to employees represented by the VFMA.
17
Section 10: 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 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.
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, Fire Battalion Chief (P),
Fire Battalion Chief (A) 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
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 Fire Battalion Chief. If a Fire Battalion Chief is unable to fill
20
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 %) 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: Usaae 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)
5. Jury Duty
21
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.
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.
22
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 (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 Ca1PERS
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
• Gov't Code Section: 20965-Credit for Unused Sick Leave
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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.
A. 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. 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
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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 $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.
Should employees represented by the Vernon Firemen's Association (VFA) receive across -the board
enhancements to the existing medical benefit program between July], 2016, and June 30, 2019, a like
increase will be provided to employees represented by the VFMA.
Section 5: Dental:
The City of Vernon provides a dental insurance plan to employees. In the event an employee does not
exceed his/her monthly employer medical allowance, the employee shall be allowed to apply any unused
portion toward the purchase of dental insurance for himself/herself and eligible dependents. The cost of
any plan selected by the employee that exceeds his/her monthly employer medical allowance shall be paid
by the employee through a pre-tax payroll deduction.
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.
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Section 6: Vision:
The City of Vernon provides a vision care plan to employees. The City shall pay 100% of the cost of such
a plan for employees only. Employees shall have the option of purchasing vision care for their dependents
at a cost of $6.95 for one dependent or $13.95 for two or more dependents. In the event an employee
does not exceed his/her monthly employer medical allowance, the employee shall be allowed to apply
any unused portion towards the purchase of additional provided coverage for vision care.
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.
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.
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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 Prozrams
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 Ca1PERS Benefit Formula (i.e. Age 50 or 57
Formula) to be eligible for Retiree Medical/Dental Benefits.
The City shall pay up to $1,100 per month towards the employee's HMO medical and dental insurance
premium for the employee and his/her eligible spouse in the classifications represented by the Vernon
Fire Management Association who have been employed for a minimum of twenty (20) years of
continuous service with the City of Vernon. The maximum $1,100 City contribution shall be applied
only toward a city provided HMO medical and dental premium plan payment and shall have no cash
surrender value. The City will pay the cost of the HMO medical and dental premiums for those retired
employees with qualifying years of service and age requirements, and offer the PPO as a "buy -up" option,
for which qualifying retired employees shall be responsible for the difference in premium cost.
The City's contribution toward the Retiree HMO Medical/Dental Benefit Plan shall continue for said
retired employee and eligible spouse up to the age of sixty-five (65). Upon reaching the age of sixty-five
(65), the retiree and/or eligible spouse shall apply for Medicare coverage, whereupon the City's insurance
shall become supplemental coverage. The City shall pay up to 100% of the cost to provide any Medicare
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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 $ ] ,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.
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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
shall be available for employee's use while assigned to the suppression work schedule in accordance with
applicable policies.
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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).
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ARTICLE NINE
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 of 1440, 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
Ca1PERS 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 of 1029, 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 Ca1PERS 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 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.
B. 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.
C. 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.
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D. 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
suppression hourly rate. (example: 80 hours of administrative sick time X 1.4 = 112 hours of
suppression sick time).
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ARTICLE TEN
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
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
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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.
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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.
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ARTICLE ELEVEN
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.
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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 4: Early Relief
The practice of early shift relief shall be voluntary on behalf of each employee involved in the relief. The
employee providing the early relief shall not have his/her compensable hours increased as a result of the
early relief; nor shall the employee relieved early have his/her compensable hours decreased as a result of
the early relief.
"Paybacks" of early relief hours are the sole obligation of the two employees involved in the early relief.
Any dispute is to be resolved by the involved employees, and under no circumstances will the Department
be obligated for any further compensation whatsoever to any of the involved employees. The Department
is not responsible in any manner for hours owed to employees by other employees who leave the
employment of the City or are assigned other duties.
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ARTICLE TWELVE
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
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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.
All time periods specified in this procedure may be extended by mutual written (including email) consent
of the aggrieved employee(s), Association representative and the Human Resources Director.
INFORMAL PROCEDURE
Within twelve (12) 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 twelve (12) 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 twelve (12) 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 twelve (12) days,
the Fire Chief, or the designee of the Fire Chief, shall meet with the Association and employee(s) to hear
the grievance. Within twelve (12) 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 twelve (12) days of the written decision of the
Department Director, that the matter be heard by the City Administrator or designee.
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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
twelve (12) days the grievant may submit a written, request, within twelve (12) 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 twelve (12) 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 twelve
(12) 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 twelve (12) days of receipt of the arbitrator's recommendation, the City Administrator shall
provide his/her decision, in writing, to the Association and employee(s). The recommendation of an
arbitrator shall be advisory to the City Administrator or designee. The decision of the City Administrator
shall be final and binding, subject to the option of the employee to bring a proceeding pursuant to Code of
Civil Procedure sections 1094.5 and 1094.6.
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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.
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ARTICLE THIRTEEN
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.
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 counsel ing/reprimands.
44
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.
Emerzencies
When, in the opinion of the City, immediate disciplinary action is required to protect the health, safety or
welfare of the public, other employees or the employee himself, the employee may be suspended with pay
45
pending the processing of the notices required in Section B of this article and pending the completion of
such investigations or hearings as may be required to determine if disciplinary action is to be taken.
C. DISCIPLINARY APPEAL PROCEDURES
The appeal process shall not be applicable to 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. 50/50) the
hearing -related expenses such as ALJ fees and court reporter fees, but excluding attorney fees,
expert witness(es) and staff time.
2. All appeal proceedings arising under this procedure shall be governed by the provisions of
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the California
Government Code.
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.
46
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.
M
ARTICLE FOURTEEN
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.
1. Determine the content and intent of the job classifications.
J. Determine methods of financing.
K. Determine style and/or types of city -issued wearing apparel, equipment or technology to be used.
L. Determine and/or change the facilities, methods, technology, means, organizational structure and
size and composition of the work force and allocate and assign work by which the City
operations are to be conducted.
48
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.
49
SIGNATURES
CITY OF VERNON VERNON FIRE MANAGEMENT ASSOCIATION
Carlos R. Fandino Jr. David Laz 17
City Administrator/"MERR" Presiden
William F. Fox
Director of Finance/City Treasurer
-4 dl I L) t iD
Lisette M. Grizzellel Y/
Senior Human Resources Analyst
Human Resources Analyst
APPROVED AS TO FORM:
Zay oussa
De y City Attorney
Dated: -�
David Kimes
Vice President
ndrew uth
APPROVED AND ADOPTED BY CITY COUNCIL ON OCTOBER 24, 2017
RESOLUTION NO. 2017-55
ATTEST:
C,2, tj4-=
Maria A t
la, City Clerk
50
Dated: t 1 It 41 20
PER
STAFF REPORT
RECEIVED
OCT 12 2017
CITY CLERK'S OFFICE
cff 1�ov4 /0%//7
(DECEIVED
OCT 12 2017
CITY ADMINISTRATION
H U MAN RESOURCES DEPARTMENT CI( I of t2 ( i I
•�rELT INOJ
STAFF REPORT
DATE: October 17, 2017
TO: Honorable Mayor and City Council 4�1
FROM: Michael A. Earl, Director of Human Resources
Originator: Lisette Michel Grizzelle, Senior Human Resources Analyst
RE: A Resolution of the City Council of the City of Vernon Approving an
Amended and Restated Vernon Fire Management Association 2016-2019
Memorandum of Understanding
Recommendation
A. Find that approval of the amended and restated Vernon Fire Management Association
(VFMA) 2016-2019 Memorandum of Understanding is exempt from 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 amending and restating the Vernon Fire Management
Association 2016-2019 Memorandum of Understanding to revise the following
provisions:
1. Article Three, Section 1, Salaries
2. Article Three, Section 5, Education Incentive Pay
3. Article Three, Section 8, Hazardous Materials Specialist Pay
4. Article Three, Section 9, Urban Search and Rescue (USAR) Pay
5. Article Four, Section 1, Employees Hired On or Before June 30, 1994
6. Article Seven, Section 5, Dental
7. Article Seven, Section 6, Vision
8. Article Nine, Sections 1 and 2, Holiday Time (Deleted entirely and all
subsequent Articles renumbered)
9. Article Nine, Section 1, Sick Leave
10. Article Twelve, Grievance Procedure
11. Article Thirteen, Discipline Procedure
Page 1 of 2
Background
The City of Vernon and the VFMA agreed upon a Memorandum of Understanding for the period
of July 1, 2016 through June 30, 2019 which was adopted by City Council on July 12, 2016. The
VFMA MOU contains language in various sections stipulating that should Vernon Firemen's
Association (VFA) receive across-the-board enhancements in specific areas, those enhancements
would also be included in the MOU for the VFMA. The recommended VFMA MOU language
revisions are due to these VFA enhancement provisions. The revisions to the Salaries section are
based on the revised Classification and Compensation Salary Schedules that addressed
corrections to the rounding methodology and were approved by City Council on July 18, 2017.
Fiscal Impact
There is no fiscal impact as a result of the proposed amended and restated VFMA MOU as any
costs associated with these changes would have been included as part of the adoption of the
original MOU approved by City Council on July 12, 2016.
Attachment(s)
1. Resolution
Page 2 of 2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AN AMENDED AND RESTATED 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 12, 2016, the City Council of the City of
Vernon adopted Resolution No. 2016-37, approving a Memorandum of
Understanding ("MOU") by and between the City and the VFMA 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 an amended and restated MOU to delete what was
previously titled Article Nine regarding Holidays in its entirety and
renumber the subsequent articles accordingly, and to revise the
following provisions: (a) Article Three, Section 1 regarding Salaries,
(b) Article Three, Section 5 regarding Education Incentive Pay,
(c) Article Three, Section 8 regarding Hazardous Materials Specialist
Pay, (d) Article Three, Section 9 regarding Urban Search and Rescue
(USAR) Pay, (e) Article Four, Section 1 regarding Employees Hired On or
Before June 30, 1994, (f) Article Seven, Section 5 regarding Dental,
(g) Article Seven, Section 6 regarding Vision, (h) Article Nine,
Section 1 regarding Sick Leave, (i) Article Twelve regarding Grievance
Procedure, and (j) Article Thirteen regarding Discipline Procedure; and
WHEREAS, the City Council desires to approve the amended and
restated 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 from 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 amended and restated 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: All resolutions or parts of resolutions,
specifically Resolution No. 2016-37, not consistent with or in conflict
with this resolution are hereby repealed.
SECTION 6: 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 7: 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 24th day of October, 2017.
ATTEST:
City Clerk / Deputy City Clerk
APPROVED AS TO FORM:
Zay a Moussa,
Senior Deputy City Attorney
Name:
Title: Mayor / Mayor Pro-Tem
- 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 an adjourned regular meeting of
the City Council duly held on Tuesday, October 24, 2017, and thereafter
was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this day of October, 2017, at Vernon, California.
(SEAL)
- 4 -
City Clerk / Deputy City Clerk
EXHIBIT A
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
AND
VERNON FIRE MANAGEMENT ASSOCIATION
July 1, 2016 through June 30, 2019
1 ,
J-PJ--�
-, TABLE FIRE
MEMORANDUM OF UNDERSTANDING
Parties to the Memorandum of Understanding.......................................................... 6
ARTICLE ONE: FUNDAMENTALS
Section l:
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...................................................................................
I 1
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............
Section 7:
Chief Officer Certificate — After July 1, 2014...............
Section 8:
Hazardous Materials Specialist Pay ..........................
Section 9:
Urban Search and Rescue Specialist Pay .....................
Section 10:
Physical Fitness/Wellness Program ...........................
Section 1 1:
Computation of Pay .............................................
ARTICLE FOUR: LONGEVITY
Section 1: Employees Hired On or Before June 30, 1994...............
Section 2: Employees Hired After June 30, 1994 ........................
ARTICLE FIVE: OVERTIME
Section 1:
Overtime Authorization ....................................
Section 2:
Compensatory Time .........................................
Section 3:
Compensatory Time Payment upon Termination........
Section 4:
Usage of Compensatory Time Earned ....................
Section 5:
Leave Inclusion ..............................................
Section 6:
Training and Recertification ................................
Section 7:
Call Backs .....................................................
Section 8:
Non-Compensable...........................................
ARTICLE SIX: UNIFORMS
Section I: Uniform Allowance .........................................
ARTICLE SEVEN: BENEFITS
Section 1: Public Employees Retirement System ...................,
3
23
.................24
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 1 l:
Retiree's Medical........................................................................
28
ARTICLE EIGHT: VACATION
Section I: Vacation Time..............................................................................30
Section 2: Vacation Leave: Administrative Personnel .......................................... 30
ARTICLE NINETEN: SICK LEAVE
Section1: Sick Leave................................................................................. 34
Section 2: Sick Leave Conversion.................................................................. 35
ARTICLE TENQLEVE T— LEAVE BENEFITS
Section1: Jury Duty.................................................................................. 37
Section 2: Bereavement Leave..................................................................... 37
ARTICLE ELEVENTIAIP VP: WORK SCHEDULE AND ABSENCES
4
Section 1: FLSA Work Period...................................................................... 40
Section 2: Work Schedules........................................................................... 40
Section 4: Shift Trades............................................................................... 40
Section 5: Early Relief............................................................................... 41
ARTICLE T"'�R'TWELVE: GRIEVANCE PROCEDURE
Grievance Procedure Steps................................................................................ 42
ARTICLE F^"�-E-NTHIRTEEN: DISCIPLINE PROCEDURE
Discipline Procedure....................................................................................... 46
ARTICLE FIFTEEN FOURTEEN: MANAGEMENT RIGHTS
ManagementRights......................................................................................... 50
SIGNATURE PAGE
Signatures.................................................................................................... 52
5
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 I 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 I, 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:
6
ARTICLE ONE
FUNDAMENTALS
Section 1: Recounition
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 teens 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 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: Citv/VF'MA 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 Reuuirement
Firefighters of all ranks from Assistant Fire Chief and below must maintain at the minimum a Class C
drivers 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 City and the Union when approved
and adopted by the City Council.
ARTICLE TWO
LEGAL LIMITATIONS, SAVINGS CLAUSE, AND TERM
Section 1: Leeal Limitations and Savines Clause
It is understood and agreed that this Memorandum of Understanding (including, but not limited to, the
provisions of the Fair Labor Standards Act) and any and all Resolutions or Ordinances adopted in
implementation thereof are and shall be subject to all present and future applicable federal and state laws
and regulations and shall be effective and implemented only to the extent permitted by such laws and
regulations.
If any part of this Memorandum of Understanding or of any Resolution or Ordinance adopted in
implementation thereof is in conflict or inconsistent with any such applicable provisions of federal and
state laws or regulations or otherwise held to be invalid or unenforceable by any tribunal of competent
jurisdiction, such part or provision shall be suspended and superseded, and such applicable laws and
regulations and the remainder of this Memorandum of Understanding shall not be affected thereby and
shall remain in full force and effect;
Section 2: Maintenance of Existins 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 N aiver
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 75`h 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 he 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 E
FM42
Step 1
$13,890
Step 2
$14,585
Step 3
$15,314
Step 4
$16,080
Step 5
$16,884
Fire Battalion Chief (P) NE
FM38
Step 1
$11,427
Step 2
$11,998
Step 3
$12,598
Step 4
$13,228
Step 5
$13,890
Fire Battalion Chief (A) NE
FMA38
Step 1
$11,427
Step 2
$11,998
Step 3
$12,598
Step 4
$13,228
Step 5
$13,890
12
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
€ CND
Step 4
Step 2
Step 3
Step 4
Step 5
$44,179
$14;886
$15,632
$16,414
$17,235
P1€ FM36
Step 4 $11,666
Step 2 $12,249
Step 3 $12,861
Step 4 $13594
Step 5 $44 ;17-9
FFFe BattaliOR Chief (A) A1€ F6
Step 4 $11 666
Step 2 $12,249
Step 3 $12,861
Step 4 $13 504
Step 5 $14,17�J
F1re Marshal NE €M36
Step 1 W ,666
Step $1 2,24 9
Step 3 $1i 961
Step 4 $13,504
Step 5 $14,179
Assistant Fire Chief E FM 42
Step 1 $ 14,166
Step 2 $ 14,874
Step 3 $ 15,618
Step 4 $ 16,399
13
• - Formatted Table
Formatted Table
Step 5
$ 17,219
Fire Battalion Chief (P) NE FM 38
Step 1
$ 11,654
Step 2
$ 12,237
Step 3
$ 12,849
Step 4
$ 13,491
Step 5
$ 14,166
Fire Battalion Chief (A) NE FMA 38
Step 1
$ 11,654
Step 2
$ 12,237
Step 3
$ 12,849
Step 4
$ 13,491
Step 5
$ 14,166
Formatted: Font: Times New Roman, 12 pt,
Fire Marshal NE FM 38
Not Bold, underline
Step 1
$ 11,654
Formatted: Font: Times New Roman, 12 pt,
Step 2
$ 12,237
underline
Step 3
$ 12,849
Formatted Table
Step 4
$ 13,491
Step 5
$ 14,166
Classification and Compensation Plan - Effective July 8, 2018
i= Gnu
Step 4
Step 2
Step 3
Step 4
Step 5
$14,492
5
$15944
$4 fi, 741
$17,578
Formatted Table
F'r Battal'a , r hi f (o) NE- FM33
Step 4 $ 11,897
Step 2 $12,492
Step 3 $13,117
Step 4 $13,773
Step 5 $14,462
Fore BattaliOR Chief (A)
Step 4
Step 2
Step 3
N€ €NIA3B
$44,897
x'�2
e,�7-
Step 4
Step 5
14
$13,773
$14462
iFiFe MaFshal 4E
i
iStep 1 $11,897
Step 2 $12,492
i
i
Assistant Fire Chief E FM 42
Step 1
Step 2
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 FM 38
NE FMA 38
NE FM 38
$ 14,449
$ 15,172
$ 15,931
$ 16,727
$ 17,563
$ 11,888
$ 12,482
$ 13,106
$ 13,761
$ 14,449
$ 11,888
$ 12,482
$ 13,106
$ 13,761
$ 14,449
$ 11,888
$ 12,482
$ 13,106
$ 13,761
$ 14,449
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
15
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 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 Pav
A unit employee may be compensated for bilingual skills after the employee demonstrates proficiency in
speaking a foreign language (the ability to read and write in a foreign language may also be tested, if
necessary), which proficiency would be determined by successful completion of a foreign language
proficiency test designated by the Human Resources Department. Those employees who successfully
demonstrate this skill are eligible to receive an additional One Hundred Twenty -Five Dollars ($125.00)
per month for bilingual pay and shall not be considered to be part of the employee's base monthly salary
when computing incentive pay.
Section 5: Education Incentive Pay
Jormatted: Font: Not Bold, No underline
Formatted: Indent: Lek: 0.45", No bullets or
numbering, Tab stops: 0.2", Decimal aligned
Effective July 1. 2016 all unit em to ees_hired before July 1. 2016 who have com lered the initial hire Formatted: Font: Font color: auto
-----------------_'_-----------pPy---_-_-------------------------------_----------�------------_--- _
probationarv—riod and who_ hold a. fire science. certificate or have _comp let the course equivalent Formatted: Space Before: 13.65 pt
thereto i-e. 30. units of fire science related courses shall _receive an additional six_ercent 6% of their
base rate of pay_Ke month after_ satisfactory• completion of their erformance. evaluation period. Unit
emplovees. hired before July 1 . 2016, who have passed their probationary_ period, and who do not
16
currently hold afire science certificate or possess the equivalent units as stated above will be given until
JJ 1_2017. to obtain the fire science certificate or equivalent units. Such employees will be given an
additional three percent t3°r of their base rate.. of pay per month effective July I 2016. Should the
employee not obtain the necessary fire science certificate or equivalent units_ by my 1, 2017, they will no
logger be eligible to receive the additional three percent (3N. An employee�at the sole discretion of the
Fire Chief. may be given an additional six months to obtain the fire science certificate ore uivalent units.
Upon obtaining the necessary fire science certificate or equivalent units, such employee shall be, n to
receive the additional six Dercent 6% of their base rate of paver month instead of the three percent
(1% in accordance with the terms stated abode.
All unit employees hired after Jul1, 2016 who have corn eted_the initial hire�robation�_period and
who hold a fire science certificate or have completed the_course equivalent thereto Vie_ 30 units of fire
science related courses) shall receive an additional three ercent 3% of thei_r_base rate of pay per month,
after satisfactory completion of their performance 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 maximum of 9%.
Should employees represented by the Vernon Firemen's Association (VFA) receive across -the board
enhancements to the existing +n-Lieu He! idaysEducational 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 Jul-, 1, 2014
17
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
Hazardeus Materials Speeialist shall feeeive speeial eefflpeHsatien ef ane hundred and seventy eight
possible, send eaeh Unit empleyee te all Effeetive December 2& 2014 (the pay period eentaining jafivaF� 1. 2,015), a Uflit empleyee eei4ified as a
Ma4erials Speeialist. Said payment shall fiat be eeRsidered to be paf4 ef the emplayee's base salary wheR
Unit employees hired before.Julv_I 2016, 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. Said payment shall not be considered to be part of the employee's base salary when
compUtjiiincentive pay.
For.any unit employees hired after July 1 2016, all personnel assigned to a_Hazardous _Materials
team/station who are rforming the duties. required of the Hazmat Assignment and A ho have co pleted
required trainin-g- and _possess a valid certification• shall receive $17.82 per shift worked on Hazmat
Assignment. Saidt)avment 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
18
enhancements to the existing Hazardous Materials Specialist Pay between July 1, 2016 and June 30,
2019, a like enhancement will be provided to employees represented by the VFMA.
Section 9: Urban Search and Rescue (USAR) Pay
Fc, eet Pe D eembei,2-8, 2014{the-pay-peried _ -20+5..un4-ewp4eyeeief4 ifie as a
USAR Speeialist shall feeeive speeial eempefisatiefl ef ene hundEed and seventy eight doilafs afid twenty
"e eents (S178.21) per menih above their base pay. The City shall. as expeditieusly a
Said payment
shall fiet be eensidefed to be paFt of the employee's base salaf�, " hen
�.
Unit employees hired before Julv__I,_ 2016, certified_as a USAR Specialist. shall receive special
compensation of one hundred and seventy-eight dollars and twenty one cents _(S 1178.2 1 ) per month above
their base pay. Said payment shall not be considered_to be part of the.emplovee's base salary when
computing incentive pay.
For M_unit employees hired after July 1. 2016. all personnel assigned to a USAR team/station who are
performing the duties_ required of the USAR Assignment and who have. completed required training and
possess a. valid_certification, shall receive $17.82 per shift worker on USAR Assignment. Said payment
shall not be considered art of the employee's base salaywhen computing incentive pay.
Should employees represented by the Vernon Firemen's Association (VFA) receive across -the board
enhancements to the existing in Lieu HelidaysUSAR Pay between July 1, 2016 and June 30, 2019, a like
enhancement will be provided to employees represented by the VFMA.
Section 10: 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 11: Computation of Pa%
19
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.
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 -(PI,
Fire Battalion Chief (A) or Fire Marshal............................................25% above base pay
Section 2: Employees Hired After June 30, 1"4 and before December 31, 2013
Upon attaining 5 years of service with the City of Vernon ........................5% above base pay
20
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
21
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
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 maybe 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: Usaee 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
22
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)
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.
23
An employee called back to duty shall be credited with a minimum of four (4) hours work. Any hours
worked in excess of four (4) hours shall be credited on an hour -for -hour basis (at time and one-half
compensation) for actual time worked.
When an employee is called back, his/her work time shall be credited commencing upon the time the
employer has made direct contact with the employee.
Section 8: Non-Comoensable
A. City Vehicle Use —Unit employees who are provided with a City vehicle to travel to and from
work shall not be compensated in any manner whatsoever for travel time to and from work.
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.
24
ARTICLE SIX
UNIFORM ALLOWANCE
Section 1: Uniform Allo�rance
On the first pay check in August of each year, each unit employee shall be paid the sum of One Thousand
Dollars (S 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 eamable.
The City shall provide all unit employees all required safety equipment, including, but not limited to,
work boots.
25
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
• Gov't Code Section: 20965-Credit for Unused Sick Leave
26
Section 3: Cafeteria Plan
The City and the _Association agree_to_a section 125 cafeteria plan (non -cash out), effective_July_I, 2016.• --- Formatted: Font: Times New Roman
- - -------------- -------------------------------
The City will adhere to the cafeteria plan requirements in accordance with IRS Section 125 regulations. Formatted: Normal, indent: First line: 0",
Space Before: 0.4 pt, After: 0 pt, Line
The City shall provide to each employee in this bargaining unit a monthly allowance toward the cost of spacing: 1.5 lines
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.
Formatted: Space Before: 0.4 pt
A. puring the term -of the Agreement, for employees_ who elect Employee + Family coverage, the- ._.; -
Formatted: Font: 11 pt
City agrees to provide a cafeteria plan contribution equal to the total premium costs of the
Formatted: Normal, Justified, Space Before:
0.4 pt, Line spacing: 1.5 lines, Numbered +
Employee + Family Low Medical HMO, Employee + Family lowest cost Dental DMO and
Level: 1 + Numbering Style: A, B, C, ... + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
lowest cost family vision plan. Employees enrolled in the Employee + Family health benefits
Indent at: 0.5
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. ,puring the term of the Agreement, for employees_ who elect Employee -Only, Employee + Spouses :.., Formatted: Font: 11 pt
and Employee + Children tiers, the City agrees to provide the same flat dollar cafeteria Formatted: Normal, Justified, Space Before:
0.4 pt, Line spacing: 1.5 lines, Numbered +
contribution for medical, dental and vision benefits that the City is paying as of June 2016 for Level: 1 + Numbering Style: A, B, C, ... + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
these employee health group tiers. That amount is $1,100 per month. Employees who elect one Indent at: 0.5
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
27
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-_ - Formatted: Font: 11 pt
for their specific tier as set forth in A and B above reduced by an annual amount of $3,000. In Formatted: Normal, Justified, Space Before:
0.4 pt, Line spacing: 1.5 lines, Numbered +
addition, for each employee enrolled in an HSA PPO plan, annually the City shall make lump Level: 1 + Numbering Style: A, B, C, ... + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
sum contributions to a health savings account (HSA) as follows $1,500 in January, and $500 each Indent at: 0.5"
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. puring the term of the Agreement, Employees will be allowed to opt into the Employee +-,, Formatted: Font: 11 pt
Family plan during any open enrollment period or upon a qualifying event as prescribed by the Formatted: Normal, Justified, Space Before:
0.4 pt, After: 0 pt, Line spacing: 1.5 lines,
City's insurance provider. Numbered + Level: 1 + Numbering Style: A, B,
C, ... + Start at: 1 + Alignment: Left + Aligned
at: 0.25" + Indent at: 0.5"
,Should employees represented by the Vernon Firemen's Association (VFA) receive across -the board Formatted: Font: 11 pt
enhancements to the existing medical benefit program between Julyl, 2016, and June 30, 2019, a like Formatted: Normal, Justified, Indent: Left:
0", Space Before: 0.4 pt, After: 0 pt, Line
increase will be provided to employees represented by the VFMA. spacing: 1.5 lines
Section 5: Dental:
eligible dependents. The east ef any plafi seleeted by the empla�ee that eNeeeds his/her menthly
The City ef Vemen off-efs a dental iBSUFanee plan to empleyees. Empleyees May appj�r any unused
The City of Vernon_vides a dental insurance plan to em lovees. In the event an employee does not
exceed his/her monthlv.empiover medical allowance, the employee shall be allowed to applv_a- unused
portion toward the purchase of dental insurance for himselPherself and eli ig ble dependents_. The cost of
28
an Ian selected by the employee that exceeds his/her monthly em 1p over medical allowance shall -be -paid
bythe 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.
throughdependent ee,.efage
In the event an employee does not exceed his/her monthly
employer medical allowance, the empl vee shall be allowed to apply any unused portion towards the
purchase of additional provided coverage for vision care.
DUI itemized benefit amounts specified in the City of Vernon Vision Plan (CVVP) that fall below $150 f - Formatted: Font: Times New Roman
shall be raised to $150. Formatted: Normal, Left, Space Aker: 0 pt,
Line spacing: 1.5 lines
�-------- ------ ------- ----------- -- -- -- -- ----- ----------- ------ — -- — ------- -- ---------------- Formatted: Font: Times New Roman
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.
Section 8: Deferred Compensation
29
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.
Section10: Other Cite EmploNcc Prourams
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 201 1-65
• 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
continuous service with the City of Vernon. The maximum $1,100 City contribution shall be applied
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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 $I,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 I I shall stay in
effect.
31
ARTICLE EIGHT
VACATION
Section 1: X acation Time
A. Annual Accrual For 56-Hour Personnel
• 9 years or less: 13 shifts (12 hours per pay period)
• 10 - 24 years: 15 shit (13.85 hours per pay period)
• 25 or more: 16 shifts (14.77 hours per pay period)
B. Annual Accrual for 40 Hour Personnel
• 9 years or less: 120 hours (4.62 hours per pay period)
• 10 — 24 years: 160 hours (6.16 hours per pay period)
• 25 or more: 170 hours (6.54 hours per pay period)
C. Policy
A Maximum of 1 platoon personnel per shift shall be permitted off on vacation lease.
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
32
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
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
Formatted: Centered
Unif employees shall be eredi fed vvith three (3) 24 hour heh day "'in liett" shifts (72 hours total) per year - - - --- Formatted: Centered, Line spacing: single
payFell ofthe Depwimew in a elassifieatien represented by the VFNIA and must be taken prior to the
. ----- Formatted: Centered
hi lieu'* helidays fiiay be taken en dates desiFed by the empleyee subjeet fe the needs ef the VeFnen Fire
Any aeefued, unused heurs shall be paid at the empleyee's e Formatted: Centered, Line spacing: single
Ns he quits or is teffninafed shall not be enti0ed io a Fer --ifi lieu- holidays met takeft unless
xew+9�
34
35
ARTICLE TENNINE
SICK LEAVE
Section 1: Sick Leave
Unit employees only receive sick leave accrual while they are in a paid status.
dull -time Platoon personnel accrue sick time at the rate of 5.54 hours per pay period (144 hours annually). Formatted: Font: 11 pt
Upon reaching the cap of 1440, employees will continue to accrue sick leave provided, however, in the Formatted: Body Text 1,bt1, Line spacing:
1.5 lines, Tab stops: Not at -0.83" + -0.5" +
final pay period in December each year all accrued sick leave in excess of 1440 hours shall be cashed in o" + 1.13" + 1.88" + 2.38" + 2.75" + 3" +
3.25" + 3.75"
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.
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 of 1029, 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.
seFaieeivimore tha;-24dears-aFseFieeereditw-be-eernpensated-at-+La ,af-their-currenpay Fate applied to the first 672 siek leave hours (480 hOUFS fer 40 hE)UF pefsenHel) and t
o:
siek iea,,e houfs after that up to the eap. Employees with less than 20 yeafs of serviee w
eenipetisated at fe
� of their- then eufrent pay fate. Employees shall have the eptien ef ebtaiHing
f6F their aeefued, unused siek 'ea,.,e hours ifistead of a eash payment pufsuant to
California
Government E-ede S—+er+20965,
36
Formatted: Body Text 1,bt1, Indent: Left: 0"
Formatted: Body Text 1,bt1, Line spacing:
1.5 lines, Tab stops: Not at -0.83" + -0.5" +
0" + 1.13" + 1.88" + 2.38" + 2.75" + 3" +
3.25" + 3.75"
B:A.___—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.
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:C. 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.
ED. ___ __ 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 ofsuppression sick leave _ 1.4 = 80 hours of
administrative sick time). Said converted balances shall be available for employee's use while assigned to
the administrative work schedule in accordance with applicable policies.
At the time an employee is returned to the suppression work 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 -L� TEN
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
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
39
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 Em lo,,ee;
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.
40
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
ARTICLE TT"�;cELEVEN
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.
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 TMTWELVE
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
€mployees shall have_ the right to present their_ own grievance . do so through their Association, Formatted: Font: Times New Roman
representative. Formatted: Normal, Justified, Line spacing:
1.5 lines
Grievances shall be processed on standard forms provided by the Department of Human Resources ands -- Formatted: Font: Times New Roman
` - - -
---- - ------------------------------- -
shall contain information which (a) identifies the aggrieved, (b) contains the specific nature of the Formatted: Normal, Justified, Line spacing:
1.5 lines
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 ._ -- Formatted: Font: Times New Roman
automatically grants to the employee the right to process the grievance to the next level. Failure by Formatted: Normal, Justified, Line spacing:
1.5 lines
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
44
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.
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 eigt-twelve (128) days of the date the employees) knew or reasonably should have known of theme Formatted: Font: Times New Roman
— t - - -
incident giving rise to the grievance, the employee may discuss the complaint with his/her immediate Formatted: Normal, Justified ]
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 eigWtwelve (128) days of the discussion with the employee, the supervisor shall respond in
writing to the employees 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 tetrtwelve (120) 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 twelveten
(12+0) days, the Fire Chief, or the designee of the Fire Chief, shall meet with the Association and
employee(s) to hear the grievance. Within eigWtwelve (128) 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 eigl,A-twelve (128) days of the written decision of the
Department Director, that the matter be heard by the City Administrator or designee.
!1.7
i
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 -twelve (128) days the grievant may submit a written, request, within e ght- welve (l28) 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- ----- Formatted: Justified
Association and/or employee(s) within twelvetea (12+0) 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 twelveeig#it (128) 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 teFrtwelve (12+0) 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
46
shall be final and binding, subject to the option of the employee to bring a proceeding pursuant to Code of
Civil Procedure sections 1094.5 and 1094.6.
All time limits specified in the foregoing procedure may be waived only by mutual written agreement.
`Should employees represented by the Vernon Firemen's Association (VFA) amend their MOU contract _ -f Formatted: Font: a pt
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.
47
ARTICLE FOURTEEN THIRTEEN
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 wan -anted and is based on just cause.
2. The following procedures shall be followed when, in the judgment of the Department Director, an
employee has committed an act or omission that justifies discipline. The Department Director or his/her
designee shall advise employees of contemplated disciplinary actions in writing and allow the employee
an opportunity to respond to such charges prior to taking final action.
a. Disciplinary actions should be documented in the employee's official personnel file.
Performance deficiencies documented in the employee's performance evaluation as "does not meet
standards" may be the basis for disciplinary action if the employee fails to correct those performance
deficiencies within the time period designated by his/her supervisor. To the extent possible, performance
deficiencies or other causes for discipline will be documented in the employee's personnel file.
b. Upon the City receiving authorization from the employee, the City will provide the
Association with all written notices of discipline given to employees represented by Association. The
written notice of discipline will also inform the employee that he/she has the right to consult with the
Association with regard to the disciplinary action being taken.
C. Nothing in this article shall preclude the Fire Chief or his/her designee from ordering an
employee to cooperate with other agencies involved in criminal investigations. If an employee fails to
comply with such an order, the employee may be officially charged with insubordination.
B. PRE-DISCIPLINARI 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.
48
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.
Emereencies
When, in the opinion of the City, immediate disciplinary action is required to protect the health, safety or
welfare of the public, other employees or the employee himself, the employee may be suspended with pay
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witheut pay fer up to five (5) pending the processing of the notices required in Section B of this
article and pending the completion of such investigations or hearings as may be required to determine if
disciplinary action is to be taken.
a
iHN'e5tigatieflS OF
a
S as may be FOElHired to detefmine if diseiplinafy aetien is te be taken. if the
ehaFge9 and,ler allegatiens aFe Hot sustained, the empleyee suspended without pay shall be entitled le
3287 et. seq.
disehar-ges shall ifielude intefest as set by..
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. 50/50) the
hearing -related expenses such as ALJ fees and court reporter fees, but excluding attorney fees,
expert witness(es) and staff time.
2. All appeal proceedings arising under this procedure shall be governed by the provisions of
Chapter 5 (commencing with Section 1 1500) of Part I of Division 3 of Title 2 of the California
Government Code.
3. All time limits specified in the procedure may be waived by mutual written agreement.
4. At the conclusion of the hearing, the ALJ will submit his/her findings to the City and the
employee. Within ten (10) days of receiving the ALJ's findings, the City Administrator shall
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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 I, 2016 and June 30, 2019, the City and the
VFMA agree to amend the VFMA MOU to incorporate such changes.
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ARTICLE FIFTEEN FOURTEEN
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.
1. Determine the content and intent of the job classifications.
J. Determine methods of financing.
K. Determine style and/or types of city -issued wearing apparel, equipment or technology to be used.
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L. Determine and/or change the facilities, methods, technology, means, organizational structure and
size and composition of the work force and allocate and assign work by which the City
operations are to be conducted.
M. Determine and change the number of locations, relocations and type of operations processes and
materials to be used in carrying out all city functions, including, but not limited to, the right to
contract for or subcontract any work or operations of the City.
N. Assign work to employees in accordance with requirements as determined by the City.
O. Establish and modify productivity and performance programs and standards.
P. For just cause only, discharge, suspend, demote, reprimand, withhold salary increases and
benefits, or otherwise discipline employees in accordance with applicable state law.
Q. Establish employee performance standards including, but not limited to, quality and quantity
standards, and to require compliance therewith.
R. Take all necessary actions to carry out its mission in emergencies.
S. Exercise complete control and discretion over its organization and the technology of performing
its work.
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SIGNATURES
CITY OF VERNON VERNON FIRE MANAGEMENT ASSOCIATION
Carlos R. Fandino Jr. David Lazar
City AdministratorP'MERR" President
William F. Fox David Kimes
Director of Finance/City Treasurer Vice President
Lisette M. Grizzelle Andrew Guth
Senior Human Resources Analyst Treasurer
Ana K. Rueda Todd Painton
Human Resources Analyst Secretary
APPROVED AS TO FORM:
Zaynah Moussa
Deputy City Attorney
Dated: 2016
APPROVED AND ADOPTED BY CITY COUNCIL ON
RESOLUTION NO.
ATTEST:
Maria Ayala, City Clerk
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Dated:
PER