Resolution No. 2019-031RESOLUTION NO. 2019-31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING THE MEMORANDUM OF UNDERSTANDING BY
AND BETWEEN THE CITY OF VERNON AND THE VERNON
POLICE MANAGEMENT ASSOCIATION FOR THE PERIOD OF
JULY 1, 2019 THROUGH JUNE 30, 2022
WHEREAS, the Vernon Police Management Association ("VPMA") has
been recognized as an employee organization pursuant to Resolution No.
4027; and
WHEREAS, on July 12, 2016, the City Council of the City of
Vernon adopted Resolution No. 2016-39, approving a Memorandum of
Understanding by and between the City and the VPMA for the period of
July 1, 2016 through June 30, 2019; and
WHEREAS, the City and VPMA have concluded labor negotiations
regarding wages, benefits and working conditions for the period of
July 1, 2019 through June 30, 2022; and
WHEREAS, representative members of the VPMA and the City have
agreed to execute a Memorandum of Understanding ("MOU") setting forth
certain terms and conditions for employment of City of Vernon employees
in classifications represented by the VPMA, for the period of
July 1, 2019 through June 30, 2022; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the above recitals are true and correct.
SECTION 2: The City Council of the City of Vernon finds
that this action is exempt under the California Environmental Quality
Act ("CEQA") review, because it is an administrative action that will
not result in direct or indirect physical changes in the environment,
and therefore does not constitute a "project" as defined by CEQA
Guidelines section 15378.
SECTION 3: The City Council of the City of Vernon hereby
approves the Memorandum of Understanding between the City of Vernon and
the Vernon Police Management Association, in substantially the same form
as the copy which is attached hereto as Exhibit A.
SECTION 4: The City Council of the City of Vernon hereby
instructs the City Administrator, or his designee, to take whatever
action is deemed necessary or desirable for the purpose of implementing
and carrying out the purposes of this Resolution and the transactions
herein approved or authorized, including but not limited to, any
nonsubstantive changes to the MOU attached herein.
SECTION 5: The City Council of the City of Vernon hereby
directs the Interim City Clerk, or the Interim City Clerk's designee,
to send a fully executed MOU to Brandon Gray, VPMA President.
- 2 -
SECTION 6: The Interim City Clerk of the City of Vernon
shall certify to the passage, approval and adoption of this resolution,
and the Interim City Clerk of the City of Vernon shall cause this
resolution and the Interim City Clerk's certification to be entered in
the File of Resolutions of the Council of this City.
APPROVED AND ADOPTED this 6th day of August, 2019.
ATTEST:
e orah Harrington,
Interim City Clerk
APPROVED AS TO FORM:
Zayn h oussa,
Seni Deputy City Attorney
Name:
Melissa' . Ybarra
Title: Mayor
- 3 -
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Deborah Harrington, Interim City Clerk of the City of Vernon,
do hereby certify that the foregoing Resolution, being Resolution
No. 2019-31, was duly passed, approved and adopted by the City Council
of the City of Vernon at a regular meeting of the City Council duly
held on Tuesday, August 6, 2019, and thereafter was duly signed by the
Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this day of August, 2019, at Vernon, California.
(SEAL)
- 4 -
Deborah Harrington
Interim City Clerk
EXHIBIT A
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
AND
VERNON POLICE MANAGEMENT ASSOCIATION
July 1, 2016-2019 through June 30, 20192022
TABLE OF CONTENTS
MEMORANDUM OF UNDERSTANDING
Parties to the Memorandum of Understanding......................................................4
ARTICLE ONE: FUNDAMENTALS
Section 1:
Recognition.......................................................................... 5
Section 2:
No Discrimination.................................................................. 5
Section 3:
Mutual Cooperation................................................................. 5
Section 4:
No Strikes or Lockouts............................................................. 5
Section 5:
CityNPMA Meetings............................................................ 5
Section 6:
Association Business............................................................... 5
ARTICLE
TWO: LEGAL LIMITATIONS, SAVINGS CLAUSE& TERM
Section l: Legal Limitations and Savings Clause ........................................... 6
Section2:
Term..................................................................................
6
Section 3:
Maintenance of Existing Conditions...............................................6
Section 4:
Modification and Waiver............................................................7
Section5:
Severability............................................................................7
ARTICLE THREE: SALARIES
Section 1:
Lieutenants.............................................................................
8
Section2:
Captains................................................................................8
Section3:
Merit Steps.............................................................................8
Section 4:
Salary Adjustment Increase.........................................................
9
Section 5:
Bilingual Pay.........................................................................
9
Section 6:
"P.O.S.T." Certificate Incentive ....................................................
10
Section 7:
Shooting Pay.........................................................................
10
ARTICLE FOUR: LONGEVITY
Section 1: Employees Hired Before July 1, 1995........................................... 12
Section 2: Employees Hired On or After July 1, 1995..................................... 12
ARTICLE FIVE: OVERTIME
Section 1:
Overtime Authorization............................................................
13
Section 2:
FLSA Overtime.....................................................................
13
Section 3:
Compensatory Time.................................................................13
Section 4:
Leave Time Inclusion..............................................................
13
Section 5:
Training and Recertification......................................................
14
Section 6:
Court Attendance and "Stand By" Time ........................................
14
Section 7:
Call Backs...........................................................................
15
Section8:
Jury Duty............................................................................
15
Section 9:
Non-Compensable..................................................................
16
ARTICLE SIX: UNIFORMS, ALLOWANCE AND SAFETY EQUIPMENT
Section 1: Uniform Allowance................................................................. 17
Section 2: Summer Uniforms...................................................................17
2
Section 3: Safety Equipment....................................................................17
ARTICLE SEVEN: BENEFITS
Section 1:
Public Employees Retirement System............................................18
Section 2:
Supplemental PERS Benefits......................................................
18
Section 3:
Medical, Dental, Vision and Life Insurance .....................................
18
Section 4:
Retirees Medical.....................................................................
20
Section 5:
Vacation Time.......................................................................
21
Section 6:
"In Lieu" Holiday Time............................................................
21
Section 7:
Sick Leave............................................................................22
Section 8:
Bereavement Leave.................................................................
22
Section 9:
Administrative Leave ..........................................
Section 910:
Deferred Comp.......................................................................23
Section 1149:
Other City Employee Programs ...................................................
23
ARTICLE EIGHT: WORK SCHEDULE AND ABSENCES
Section
1:
Provisions............................................................................
24
Section
2:
Work Schedule 3/12 Plan..........................................................
24
Section
3:
Shift and 7 Code Policy............................................................
24
Section 4: Shift Trades.......................................................................... 24
ARTICLE NINE: GRIEVANCE PROCEDURE
Grievance Procedure Steps.......................................................................... 26
ARTICLE TEN: DISCIPLINE PROCEDURE
Discipline Procedure Steps.......................................................................... 29
ARTICLE ELEVEN: MANAGEMENT RIGHTS
Section 1: Exclusive Rights & Authority..................................................... 31
Section 2: Grievance on Impacts................................................................32
SIGNATURE PAGE
3
Signatures.............................................................................................. 33
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
/_ 011
VERNON POLICE 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 Police Management Association (hereinafter "VPMA") and except
as otherwise specifically provided herein shall apply only to those defined in the aforesaid
Resolution as Police Lieutenants and Police Captains.
This MOU constitutes a joint agreement by the Municipal Employee Relations Representative
("MERR") and the VPMA, 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 VPMA 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, 20196, and shall expire
at midnight on June 30, 24I.92022.
IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN STATED, the VPMA
and the City of Vernon agree as follows:
ARTICLE ONE
FUNDAMENTALS
Section 1: Recognition
The City of Vernon recognizes the Vernon Police Management Association ("VPMA") as the
certified majority representative of management, comprised of Police Lieutenants and Police
Captains, as the exclusive representative of the employees for purposes of collective bargaining
for all terms and conditions within this Memorandum of Understanding.
Section 2: No Discrimination
The provisions of this Memorandum of Understanding shall be applied equally to all employees
covered hereby. Neither the City nor the VPMA 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 VPMA.
Section 3: Mutual Cooperation
The parties recognize the necessity of cooperating on matters of mutual concern and interest and
agree to work together to maximize the effectiveness of the Police Department and the City and to
accomplish legislative and funding goals in their mutual interest.
Section 4•
No Strikes or Lockouts
During the life of this agreement no work stoppages, strikes, slowdowns, or picketing shall be
caused or sanctioned by the VPMA, and no lockouts shall be made by the City.
Section 5: CityNPMA Meetings
Representatives from the VPMA and the City shall meet as needed to discuss issues of mutual
concern.
Section 6: Association Business
The City shall grant release time of 20-100 hours per fiscal year for the Association President or
designee. In no case will Association Leave Time be used for political action purposes or if it
will cause overtime unless it is authorized in writing by the Police Chief or his designee.
0
ARTICLE TWO
LEGAL LIMITATIONS, SAVINGS CLAUSE, AND TERM
Section 1: Legal Limitations and Savings Clause
It is understood and agreed that this Memorandum of Understanding (including, but not limited to,
the provisions of the Fair Labor Standards Act) and any and all Resolutions or Ordinances adopted
in implementation thereof are and shall be subject to all present and future applicable federal and
state laws and regulations and shall be effective and implemented only to the extent permitted by
such laws and regulations.
If any part of this Memorandum of Understanding or of any Resolution or Ordinance adopted in
implementation thereof is in conflict or inconsistent with any such applicable provisions of federal
and state laws or regulations or otherwise held to be invalid or unenforceable by any tribunal of
competent jurisdiction, such part or provision shall be suspended and superseded, and such
applicable laws and regulations and the remainder of this Memorandum of Understanding shall
not be affected thereby and shall remain in full force and effect.
Section 2: Term
(a) Except as otherwise provided herein, this Memorandum of Understanding shall be in full
force and effect from July 1, 20196, and shall remain in full force and effect up to and
including midnight, the 30th day of June 204-92022, or until the next Memorandum of
Understanding becomes effective.
(b) This Memorandum of Understanding shall be binding on the City and the Association
when approved and adopted by the City Council.
Except as otherwise provided in Article III, Section 1, herein, the City and the Association
agree to submit proposals for any changes related to wages, benefits and/or other terms of and
conditions of employment affecting this Memorandum of Understanding between February 1,
204-9-2022 and March 1, 24g2022.
Section 3: Maintenance of Existing Conditions
Any employment policy, practices and/or benefits, including the alternative workweek schedule
and overtime compensation are incorporated into this Memorandum of Understanding,
unless otherwise stated herein. In the event of a conflict between the Memorandum of
Understanding and an existing policy and/or practice, this Memorandum of
Understanding shall govern.
7
Section 4: Modification and Waiver
The City reserves the right to add to, delete from, amend or modify the Administrative rules, the
City Municipal Code, and the City's Personnel Policies and Procedures Manual during the term
of the Memorandum of Understanding, subject to the requirements of the Meyers-Milias-Brown
Act and the Police Officers Bill of Rights.
Section 5: Severability
In the event that a court finds any provision(s) of this Memorandum of Understanding to be invalid
or unenforceable, the parties intend that the remaining provisions remain in effect. The parties
further agree to meet and confer for purposes of negotiating an alternative to any provision
declared invalid or unenforceable.
8
ARTICLE THREE
SALARIES
(a) Effective the first full pa period in July 2019, emplo ey es represented in the Vernon Police
Management Association shall receive a one percent (1 %) cost of living increase.
(b) Effective the first full pay period in July 2020, emplo ey es represented in the Vernon Police
Management Association shall receive a one percent 0 %) cost of living increase.
(c) Effective the first full pav period in July 2021, employees represented in the Vernon Police
Management Association shall receive a one percent 0%) cost of living increase.
Section 1: Lieutenant
Police Lieutenant with 1 % COLA
Sala Range PM 37
Step
Effective
7/7/2019
Effective
7/5/2020
Effective
7/4/2021
1
11 435
11 549
11 665
2
12,007
$ 12,127
12,248
3
12 607
12 733
12,860
4
13,237
13,370
13,503
5
13 899
14 038
14 178
Lieutenant with 2% COLAS
Salary Range PM37
Step
Effective
7/10/16
Effective
7/9/17
Effective
7/8/18
1
$10, 882.38
$11,100.03
$ 11, 322.03
2
$11, 427.06
$11, 655.60
$ 11, 888.71
3
$11,997.24
$12,237.18
$ 12,481.93
4
$12, 598.02
$12, 849.98
$ 13,106.98
5
$13,227.36
$13,491.91
13 761.75
Section 2: Captain
Police Captain with 1 % COLA
Sala Ran e PM 40
Step
Effective
7/7/2019
Effective
7/5/2020
Effective
7/4/2021
1
13 237
$ 13,370
13,503
2
13 899
14 038
14,178
3
14 594
14 740
14,887
4
15 324
15,477
15,632
5
16090
16251
16413
Captain with 2% COLAS
Salary Range PM40
Step
Effective
7/10/16
Effective
7/9/17
Effective
7/8/18
1
$12, 598.02
$12, 849.98
$ 13,106.98
2
$13,227.36
$13,491.91
$ 13,761.75
3
$13,888.32
$14,166.09
$ 14,449.41
4
$14, 582.94
$14, 874.60
$ 15,172.09
5
15 313.26
S15.619.53
S 15 931.92
Section 3: Merit Steps
MIN
mum or NIMP
M
Effective the first full pay period in July 24�6of each year during the term of this
agreement, employees who are not at the top step of their Classification Compensation
Plan, and have attained one year of an overall "above average" or higher performance
10
evaluation rating, as of their immediately preceding classification anniversary date,
shall, in accordance with the City's Performance Evaluation Policy, receive a merit
AMsalary advances. Eff etive the first fill p periodi ittly 2017, the City agrees
Of higher- evalidatieft Employees shall continue to receive their
annual evaluations as scheduled in the City's Performance Evaluation Policy„ loll
not be eligible for- any additional mer--it in-e-r-ea—se-s afier- the eppefttiaity in July 2017,
thr-eugh the end of the term of the MO T era in ne e shall he „leeed ,she„e the salary
r-ange
in f f f oet r the employee's., elassifietie • A ,ldi ien ..7 f�f� lle_tine the fi fst full pay
period in My empleyees who seleeted this eptien shall indefinitely and
f
Future merit increases to any said step shall remain at the sole discretion of the City
Council.
Section 4: Salary Adiustment Increase
�E—
r >rff eti, a the first f;,ll o T„ly 201 4 the b ela eked le ill be e e l
�.,��.,.� ..,,� first .».. i,»J' Yam...,» ... ..».J �,., ..,, ..� base .,»_ -J .,�__�.�.�__ .'--- ,.- -_^--�_--
1...., additional 22 (e..eludi„g V rated a pleyees
In the event there is a salary inequity between ranks or between employees within the Department,
the Chief of Police with the approval of the City Administrator may incorporate a service
adjustment increase up to ten percent (10%) per month of their base salary.
Section 5: Bilingual Pay
A VPMA employee may be compensated for bilingual skills after the employee demonstrates
proficiency in speaking a foreign language (the ability to read and write in a foreign language may
also be tested, if necessary), which proficiency would be determined by successful completion of
a foreign language proficiency test designated by the Human Resources Department. Those
employees who successfully demonstrate this skill are eligible to receive an additional One
Hundred Twenty -Five Dollars ($125.00) per month for bilingual pay and shall not be considered
to be part of the employee's base monthly salary when computing Peace Officers Standards and
Training (P.O.S.T.) certificate incentives; however, it shall be considered as part of the base
monthly salary for purposes of computing the last highest annual salary.
Section 6: Peace Officers Standards and Training ("P.O.S.T.") Certificate Incentive
VPMA employees shall be entitled to P.O.S.T. certificate pay as follows:
Effective the first full pay period in July of 2019 the POST Certificate pay shall be as follows:
Intermediate: 4% of the employee's basic monthly salary, excluding all other compensation
Advanced: 8% of the employee's basic monthly salary, excluding all other compensation
Effective the first full pay period in July of 2020 the POST Certificate pay shall be as follows:
Intermediate: 5% of the employee's basic monthly salary, excluding all other compensation
Advanced: 10% of the employee's basic monthly salary, excluding all other compensation
Effective the first full pay period in July of 2021 the POST Certificate pay shall be as follows:
Intermediate: 6% of the employee's basic monthly salary, excluding all other compensation
Advanced: 12% of the employee's basic monthly, excluding all other compensation
• ThFee per-eent /20%1 f'the e p ee's basie athl. ale _ exeluding all othe
Payment of the above -referenced incentive compensation shall not be cumulative; only the highest
applicable incentive pay level shall apply.
• Effective June 1, 2014 VPMA employees shall be entitled to a 7.5% of the employee's
base monthly salary, excluding all other compensation, for a P.O.S.T. Management
Certificate.
Incentive pay shall be payable the month following the month during which the certificate is
granted.
P.O.S.T. certificate pay shall be considered as part of the base monthly salary for purposes of
computing the last highest annual salary.
Should employees represented by the Vernon Police Officers Benefit Association (VPOBA)
receive across -the board enhancements to the existing P.O.S.T. Certificate Pay, a like increase will
be provided to employees represented by the Police Officers Management Association.
Section 7: Shootine Pay
It is recognized by the City of Vernon and the VPMA that a peace officer must qualify in the firing
range on a monthly basis in order to continue to be employed and to receive Shooting Pay. Such
qualifications shall occur on duty. Employees who shoot at the range other than the required
qualifications dates will be considered to be on personal time. Such time is not counted as working
12
time and is not compensable.
Officers who achieve the following qualifications shall receive compensation as follows:
Marksman
$
3.00
Per Month
Sharpshooter
$
5.00
Per Month
Expert
$
7.50
Per Month
Distinguished Expert
$
10.00
Per Month
Shooting Pay shall be considered as part of the base monthly salary for purposes of computing
the last highest annual salary.
ARTICLE FOUR
LONGEVITY
Section 1: Employees Hired Before July 1, 1995
Effective August 31, 1986, the City established a four -step Longevity program for all employees.
Said Longevity program is as follows:
All eligible employees who have five years of service on or before August 31, 1986, shall
receive an additional five percent (5%) per month of their base salary effective August 31,
1986, and every year thereafter until reaching the next Longevity level. Employees upon
reaching their 5th anniversary date after August 31, 1986, shall be entitled to said five
percent (5%) per month upon said anniversary date.
All eligible employees who have ten (10) years of service on or before July 1, 1987, shall
receive an additional ten percent (10%) per month of their base salary effective July 1,
1987, and every year thereafter until reaching the next Longevity level. Employees upon
reaching their loth anniversary date after July 1, 1987, shall be entitled to said ten percent
(10%) per month upon said anniversary date. Said ten percent (10%) is in place of the five
percent (5%) referenced in paragraph I above and not cumulative therewith.
13
All eligible employees who have fifteen (15) years of service on or before July 1, 1988,
shall receive an additional fifteen percent (15%) per month of their base salary effective
July 1, 1988, and every year thereafter until reaching the next Longevity level. Employees
upon reaching their 15th anniversary date after July 1, 1988, shall be entitled to said fifteen
percent (15%) per month upon said date. Said fifteen percent (15%) is in place of each of
the amounts referenced in paragraphs 1 and 2 above and not cumulative therewith.
All eligible employees who have twenty (20) years of service on or before July 1, 1989,
shall receive an additional twenty percent (20%) per month of their base salary effective
July 1, 1989, and every year thereafter. Employees upon reaching their 20th anniversary
date after July 1, 1989 shall be entitled to said twenty percent (20%) per month upon said
anniversary date. Said twenty percent (20%) is in place of each of the amounts referenced
in paragraphs 1, 2 and 3 above and not cumulative therewith.
Section 2: Employees Hired on or after July 1,1995 and on or before December 31, 2013
All employees in the VPMA who are hired on or after July 1, 1995, who attain five (5) years of
consecutive uninterrupted employment shall receive an additional five percent (5%) per month of
their base salary. Such employees shall be entitled to receive such five percent (5%) increase upon
reaching their 5th anniversary date. Such employees will not be entitled to receive any additional
Longevity percentage increase to their base salary for further service.
ARTICLE FIVE
OVERTIME
Section 1: Overtime Authorization
All overtime requests must have prior written authorization of the Chief of Police prior to the
commencement of such overtime work. Where prior written authorization is not feasible, explicit
verbal authorization must be obtained. Where verbal authorization is obtained, written
authorization must be obtained as soon thereafter as practicable.
Section 2: F.L.S.A. Overtime
Employees in the classification of Police Captain are exempt from overtime in accordance with
the Fair Labor Standards Act (FLSA) executive exemption. Police Lieutenants required to perform
in excess of the standard work period of 160 hours in a 28-day cycle shall receive compensation
at the rate of time and one-half their regular rate of pay or time and one-half "compensatory time"
for each hour worked. The regular rate of pay shall include the following components in addition
to base salary:
P.O.S.T. Certificate Pay
Special Assignment Pay
14
Section 3: Comnensatory Time
Police Lieutenants may not earn more than forty (40) hours of compensatory time during any
FLSA 28-day cycle. At such time as an employee earns forty (40) hours of compensatory time
within a given 28-day work cycle, any additional overtime in that cycle shall be paid to the
employee at time and one-half of his/her regular rate of pay.
VPMA employees may not accumulate more than 240 hours of compensatory time. An employee
must be paid at the rate of time -and one-half for any overtime worked beyond the 240-hour
compensatory time "cap."
Section 4: Leave Inclusions
In determining an employee's eligibility for overtime compensation in a work period, paid leaves
of absence will be included in the total number of hours worked. Paid leaves of absence include,
but are not limited to, the following:
1. Vacation
2. Holiday Leave
3. Administrative Leave
4. Compensatory Leave
5. Workers' Compensation Leave (4850 time)
6. Jury Duty
7. Bereavement Leave
8. Military Leave
Section 5: Training and Recertification Time
Training time that is required is compensable
Recertification time that is directly related to an employee's job will be compensable if completed
during assigned work hours.
Section 6: Court Attendance and "Stand By" Time
Court Appearances
VPMA employees shall be compensated for court appearances in the line of duty outside regular
scheduled duty hours as follows:
15
A. Court appearances which extend beyond an employee's normal shift assignment shall be
compensated as paid overtime. For purposes of calculating F.L.S.A. overtime pursuant to
this section of this MOU, only the actual time spent in court or traveling in a City vehicle
to and from the Station shall be credited as hours worked. Travel time to and from one's
private residence shall not be considered hours worked and shall not be compensated in
any manner whatsoever.
B. Notwithstanding the provisions of "A" above, VPMA employees required to attend court
sessions outside their regular schedule duty work shift shall be compensated a minimum
guarantee of four (4) hours at time and one-half (1.5).
C. If an employee is required to stay beyond four hours in court, the employee shall be
compensated at time and one-half (1.5) at their regular hourly rate for all hours spent in
their court duty assignment that day.
Stand By Time
If an employee receives a subpoena to be placed on standby, the effected employee shall be
compensated for Stand By status as follows:
A. An employee who is placed on Stand By status for a half court day, which shall consist
of either a morning session or afternoon session of court, shall be paid Sixty Dollars
($60.00).
B. An employee who is placed on Stand By status for a full court day, which shall consist
of the morning session and the afternoon session of court, on the same day, shall be
paid One Hundred Nineteen Dollars ($119.00). However, if said employee is required
to appear in court, he/she shall receive court appearance compensation rather than
Stand By compensation for his/her time in court.
C. The parties agree that Stand By pay shall not count toward hours worked and that the
provision complies with the F.L.S.A.
D. Alternatively, an employee (at the employee's option and with the permission of the
Chief of Police or his designee) on court Stand By may report to the police station, in
uniform, for assignment while awaiting court. Under these circumstances, an employee
shall be compensated on an hour -for -hour basis (if on overtime, at time and a half) for
time actually worked while on Stand By.
E. No additional payment other than that set forth in Section 6 of the MOU shall be made
for Court Pay.
Should employees represented by the Vernon Police Officers Benefit Association (VPOBA)
amend their MOU contract language regarding Court -Time Pay and Stand-by Pay, the City and
the VPMA agree to amend the VPMA MOU to incorporate such changes.
16
Section 7: Call Backs
Call Back duty occurs when an employee is ordered to report to duty on a non -regularly scheduled
work shift. Call Back does not occur when an employee is held over from his/her prior shift or is
working prior to his/her regularly scheduled shift. This provision is also to be distinguished from
Court pay, which is to be used when an employee is called to court.
An employee called back to duty shall be credited with a minimum of four hours' work. Any
hours worked in excess of four hours shall be credited on an hour -for -hour basis (at time and one-
half compensation) for actual time worked.
If the employee is ordered to return to work immediately, his work time shall be credited
commencing immediately after the employee has been directly contacted by the employer.
Section 8: Jury Duty
I. Policy
A. Employees shall be granted up to two weeks (equivalent to eight (8) work days
based on City Hall schedule Monday through Thursday) paid leave of absence in
order to perform jury duty, provided that the employee provides notification to the
City for such jury duty and provides proper verification of hours spent on jury duty.
VPMA employees will be required to return to work, if regularly scheduled to work,
as soon as they are released from their jury duty.
B. In accordance with Section 215(b) of the Code of Civil Procedure, a juror who is
employed by a local government entity who receives regular compensation and
benefits while performing jury service, may not be paid Jury Duty Pay. An
employee must return all Jury Duty Pay to the Court if paid by the Court.
Employees shall notify their Supervisor on the day they are released from jury duty.
C. VPMA employees shall retain any Jury Duty Mileage Pay.
Section 9: Non-Compensable
A. City Vehicle Use—VPMA employees who are provided with a City vehicle to travel to
and from work shall not be compensated in any manner whatsoever for travel time to
and from work. This provision also applies in those situations where the radio must be
left on and monitored unless answering a call for service.
B. Clothes/Uniform Changing Time —Time spent in changing clothes before or after
shift, or during lunch, is not considered hours worked and is not compensable in any
manner whatsoever.
17
ARTICLE SIX
UNIFORMS, ALLOWANCE AND SAFETY EQUIPMENT
Section 1: Uniform Allowance
The City will pay each VPMA employee who is on the active payroll of the Vernon Police
Department the sum of One Thousand Dollars ($1,000) per fiscal year for the purchase of uniforms
and related equipment. Such payment shall occur within the month of August of each year.
Uniform allowance is special compensation that shall be deemed earned when paid and shall be
reported to Ca1PERS as compensation earnable.
Section 2: Summer Uniforms
VPMA employees who are assigned to patrol will be allowed to utilize summer uniforms (blue
shirt/blue shorts) on any day at the discretion of the Chief of Police. The Chief of Police shall
establish authorization or notification procedures, as well as summer uniform requirements.
Section 3: Safety Equipment
The City shall, every three (3) years, pay one half of the cost of the member's individual body
armor if the member presents to the City a receipt for body armor that meets Departmental
specifications. If the City provides individual body armor to an employee, and the employee
accepts such body armor, then the three (3) year time period shall begin upon acceptance of the
body armor by the employee.
VPMA employees who carry a private weapon which has been expressly approved by the Vernon
Police Department and suffer the loss or damage of such weapon in the line of duty shall be
compensated by the City of Vernon up to the amount of replacement cost of the official issue
weapon of the Vernon Police Department unless such loss or damage was caused by the
employee's negligence.
18
ARTICLE SEVEN
BENEFITS
Section 1: Public Employee Retirement System ("PERS")
The City shall maintain its contract with the California Employees Public Retirement System
(PERS) that provides VPMA employees with three percent (3%) at 50 PERS retirement benefit
plan.
As a result of the passage of AB 340 Public Employee Pension Reform (PEPRA), new CalPERS
members hired on or after January 1, 2013 who meet the definition of new member under PEPRA,
shall be provided a 2.7% at 57 PERS retirement benefit plan.
VPMA employees shall be responsible for paying their PERS nine percent (9%) employee's
contributions.
Effective the first full pay period in July 2019, in accordance with Government Code Section
20516(fl pursuant to a cost -sharing arrangement, all employees designated as "classic" employees
and enrolled in the "classic" retirement benefit formula shall share the cost of the employer
CalPERS contribution by yMing an additional 1 % of CaIPERS reportable compensation for a total
contribution of ten percent (10%).
Effective the first full pay period in July 2020, in accordance with Government Code Section
20516(fl pursuant to a cost -sharing arrangement, all employees designated as "classic" employees
and enrolled in the "classic" retirement benefit formula shall share the cost of the employer
CalPERS contribution by pang an additional 1 % of CalPERS reportable compensation for a total
contribution of eleven percent G 1 %).
Effective the first full pay period in July 2021, in accordance with Government Code Section
20516(f) pursuant to a cost -sharing arrangement, all employees designated as "classic" employees
and enrolled in the "classic" retirement benefit formula shall share the cost of the employer
CalPERS contribution by_paying an additional I % of CalPERS reportable compensation for a total
contribution of twelve percent (12%).
The City makes no representation as to whether any of the compensation or payments in this
Agreement are subject to CalPERS service credit or pensionable income. Employees/Union
expressly acknowledge that any determination by CalPERS to not fully credit the compensation
and/or service time provided under this Agreement is not a proper basis on which to void the
Agreement. Employees/Union further acknowledge that they will not pursue any claim or action
against the City related to any determination made by CalPERS in connection with this Agreement.
Section 2: Supplemental PERS Retirement Benefits
19
The City agrees to provide additional supplemental retirement benefits to VPMA employees under
PERS as follows:
• Gov't Code Section: 20042 — One Year Final Compensation:
New employees hired on or after January 1, 2013 who meet the definition of new member
under PEPRA shall receive 3 Year Final Compensation.
• Gov't Code Section: 21024 - Military Service Credit as Public Service:
• Gov't Code Section: 21571 — Basic Level of 1959 Survivor Benefits:
• Gov't Code Section: 21624 & 21626 & 21628 - Post Retirement Survivor Allowance:
Section 3: Medical, Dental, Vision and Life Insurance
The City shall contribute for each full-time employee up to the maximum amounts as set forth
below per pay period, toward the cost of his/her medical, dental, and vision plans as outlined in
Subsection A through D below. If employees opt out of dental and/or vision, they may use the
allotments for those respective coverages toward excess medical premiums as approved by the
Director of Human Resources.
A. For employees who elect Employee + Family coverage, the City shall 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.
B. For employees who elect Employee -Only, Employee + Spouse and Employee +
Children tiers, the City shall 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. This amount will remain fixed unless 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
20
costs through a pre-tax payroll deduction.
C. For 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 change health,
dental, and/or vision plans during any open enrollment period or upon a qualifying
event as prescribed by the City's insurance provider.
Dental: The City of Vernon provides a dental insurance plan to employees. Employees may
purchase dental insurance through the City by pre-tax payroll deduction. In the event any VPMA
employee does not exceed his/her monthly benefit allowance, the employee shall be allowed to
use any excess monthly allowances towards additional provided coverage for dental and vision.
Vision: The City of Vernon provides a vision care reimbursement plan to employees. The City
shall pay 100% of the cost of such a plan as designated by their election of medical coverage.
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. The City agrees that all itemized benefit
amounts specified in the City of Vernon Vision Plan (CVVP) that fall below $150 shall be raised
to $150.
Life Insurance: The City provides a $20,000 life insurance premium 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.
Should employees represented by the Vernon Police Officers Benefit Association (VPOBA)
amend their MOU contract language regarding medical, dental, vision or life insurance benefits,
the City and the VPMA agree to amend the VPMA MOU to incorporate such changes.
Section 4: 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.
For employees hired by the City before July 1 2019 the following retiree medical benefits apply:
21
Employees in the Vernon Police Management Association must have been employed as sworn
Peace Officers for a minimum of twenty (20) years and a minimum of 10 years of that service has
been in the employment of the City of Vernon to be eligible for Retiree's Medical benefit. The
City shall pay up to $1,100 per month towards the employee's option of the City's medical and
dental insurance programs for the employee and his/her eligible spouse, or the equivalent to the
then -current lowest cost City -offered Employee+Spouse medical HMO and/or dental HMO
insurance premium, whichever is greater. Alternatively, 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 $1,100 per month as permitted by the
Public Employee Pension Reform Act (PEPRA) or the amount equivalent to the then -current
lowest cost City -offered Employee+Spouse medical -HMO and/or dental HMO insurance
premium, whichever is greater. 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.
The City's contribution toward the Retiree Medical/Dental Benefit Plan shall continue for said
retired employee and eligible spouse up to the age of sixty-five (65). Upon reaching the age of
sixty-five (65), the retiree and/or eligible spouse shall apply for Medicare Part A and Part B
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.
For employees hired by the City on or after July 1 2019 the following retiree medical benefits
apply:
The Citspay a to the amount equivalent to the then current, lowest cost, employee
only HMO insurance premium for the City's in edical and/or dental insurance premium(s) for
22
all full-time regular employees in the classifications represented by the Vernon Police
Management Association who have been employed as sworn Peace Officers for a minimum of
twenty (20) years and a minimum of ten (10) years of that service has been in the employment of
the City of Vernon. The City contribution shall be applied only toward a city_provided medical
and dental premium plan payment and shall have no cash surrender value.
The City's contribution toward the Retiree Medical/Dental Benefit Plan shall continue for said
retired employee up to the age of sixty-five (65). Upon reachingthe of sixty-five (65), the
retiree shall apply for Medicare Part A and Part B coverage, whereupon the City's insurance shall
become supplemental coverage. The City shall pay up to the cost of any Medicare supplemental
medical and dental insurance plan offered by the City of Vernon. The City will not be the primary
insurance carrier once the retiree reaches the age of sixty-five (65).
If the retiree fails to timely obtain and maintain Medicare coverage, the City shall not be required
to provide anv medical/dental benefits until such Medicare coverage is obtained and maintained.
All retired employees with a minimum of ten (10) years of continuous uninterrupted service with
the City may pay the City's premium cost for medical and dental insurance for employee only, up
to the age of sixty --five (65) after which time Medicare will become the primary insurance carrier.
The retired employee may remain on the City's supplemental insurance to Medicare at his/her cost
provided the retiree has timely obtained and maintains Medicare coverage.
Should the retired employee fail to pay his/her required cost of the insurance premium for the
City's medical/dental benefit plan for any three (3) consecutive months or, should the coverage
otherwise lapse for any reason other than City's non-payment then the Ci 's obligation to
maintain the retiree's medical/dental benefit plan shall automatically terminate without the need
for further notice.
Eligible retired employees may opt not to enroll in the City's medical and/or dental insurance
coverage and instead receive a monthly reimbursement payment up to the amount provided
above depending on the employee's date of hire as permitted by the Public Employee Pension
23
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.
Section 5: Vacations
A. Accrual
• Vacation accrual after the first year of service: 120 hours per year
• Vacation accrual after ten (10) years of service: 160 hours per year
• Vacation accrual after completion of twenty-five (25) years of service: 170
hours per year
B. Policy
VPMA employees may take all or part of their vacation in increments of one-fourth
(1/4) hour or more, as determined by the Chief at his discretion with due regard for
the wishes of the employee and the needs of the Department.
Any request will be honored only if, in the opinion of the Chief or his designee, the
manpower or service level on the day or days and at the times requested is adequate
to permit granting such a request.
Vacation time provided for herein shall be accumulated from calendar year to
calendar year, and shall be compensated for if not utilized during said period.
Section 6: "In Lieu" Holidays
VPMA employees shall receive one hundred and ten (110) "in lieu" holiday hours per calendar
year). "In lieu" holidays will be credited to each employee on each July 1 in which he/she is on
the active payroll, including those on "Light Duty", of the Department in a classification
represented by the VPMA and must be taken prior to the immediately following July 1.
"In lieu" holidays may be taken in increments of one-fourth (1/4) hour or more, on dates desired
by the employee subject to the needs of the Vernon Police Department.
"In lieu" holidays, if not taken, shall not be paid for except if the employee was denied an
opportunity to take them off during the calendar year for which such "in lieu" holidays were
granted. In that case only, the employee shall be paid for said "in lieu" holidays not taken with
his/her first possible payroll check on or after July 1 of the calendar year following the year for
which the "in lieu" holidays were credited, at his/her then basic rate, excluding all other
compensation, computed in accordance with the applicable Salary Resolution of Vernon. An
employee who quits or is terminated shall not be entitled to any compensation for "in lieu" holidays
not taken.
If the City Council, during the fiscal year, provides one or more additional holidays to the
miscellaneous employees in addition to those holidays provided for in Resolution No. 8764,
VPMA employees shall receive the same number of any additional holidays. Any additional "in
lieu" holiday time received by VPMA employees will be for a maximum of ten (10) hours per day
24
received.
Section 7: Sick Leave
Full-time VPMA employees only receive sick leave accrual while they are in a paid status.
Employees shall accrue sick time at a rate of 3.08 hours per pay period (80 hour annually), with a
maximum cap of 960 hours. Upon reaching the cap, full-time employees will continue to accrue
sick leave provided; however, in February of each year all
accrued sick leave in excess of 960 hours shall be cashed in at fifty percent (50%) of the
employee's regular rate of pay. Part-time and temporary VPMA 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.
If a VPMA employee separates or terminates employment with the City, they shall be compensated
for any accrued sick leave hours at the time of separation not to exceed 960 hours. Employees that
separate from service with more than 20 years of service credit shall be compensated at 100% of
their current pay rate applied to the first 480 sick leave hours and 50% for their remaining hours
up to the cap of 960 hours. Employees with less than 20 years of service shall be compensated at
50% of their then current pay rate up to the cap of 960 hours. Employees shall have the option of
obtaining service credit for the accrued, unused sick leave hours instead of a cash payment pursuant
to California Government Code Section 20965.
VPMA employees are expected to contact their supervisor or Department head as soon as possible
to report a sick leave time off notification and provide appropriate information on the nature of the
illness or injury and the expected duration of the time off. Employees unable to report for duty
due to an illness should be required to call in and notify the on -duty supervisor a minimum of 2
hours before they are due to start their shift.
A VPMA employee who is absent on sick leave for more than two (2) consecutive shifts shall be
required by his or her supervisor to provide a doctor's note in order to be paid for the sick leave.
Section 8: Bereavement Leave
When an employee is compelled to be absent from duty by reason of death or critical illness (where
death appears imminent) of a member of the employee's immediate family (father, mother,
brother, sister, spouse, children, mother-in-law, father-in-law, step -parent -in-law, grandmother,
grandfather, grandchildren, grandmother -in-law, grandfather -in-law, step -children, step-parents,
step -sister, step -brother, step -grandchild, daughter-in-law, son-in-law, brother-in-law, sister-in-
law, or registered domestic partners), such person will be permitted, subject to the Chief of Police's
approval, to a leave of absence with pay for up to twenty five "" h^"r-" ever- two sh=ftfour 4
work days based upon the employee's regular 4/10 work schedule, which may, but need not be,
consecutive. An employee shall not be granted paid Bereavement Leave for more than 2-4 days
in any six-month period for the same family member.
Employees will be allowed to utilize their vacation time, any compensatory time, or any "in lieu"
holiday time that is due to the employee, in order to lengthen such bereavement time.
25
The employee shall furnish satisfactory evidence of such death or critical illness to the Chief of
Police, if requested.
Section 9: Administrative Leave
Employee(s) occupying the classification of Police Captain, which is designated as "Exempt" for
overtime purposes in accordance with the Fair Labor Standards Act (FLSA) executive exemption,
shall receive sixty (60) hours of Administrative Leave as provided in the Citywide Fringe Benefits
and Salary Resolution.
Section 910: Deferred Compensation
VPMA employees are eligible to participate in the City's Deferred Compensation Program.
Section 110: Other City Employee Programs
VPMA employees are eligible to participate in all City sponsored programs passed by City Council
Resolutions that are intended to benefit all employees in the areas of, but are not limited to, the
following:
• Buyback of military leave for PERS retirement time
• Computer loan purchase plan
• Supplemental Life insurance
• Corrective eye surgery plan
• Hearing aid device plan
• Tuition reimbursement plan
• Family Medical Leave Act (FMLA)
PLO,
ARTICLE EIGHT
WORK SCHEDULE AND ABSENCES
Section 1: Provisions
The Vernon Chief of Police at his sole discretion shall establish the work schedule.
Section 2: Work Schedule 3/12 Plan
Law Enforcement agencies are allowed to establish a work period of any length between seven
(7) and twenty-eight (28) consecutive days. At the City, employees must work one hundred
sixty (160) hours per twenty-eight (28) day cycle. In order to be compliant, VPMA employees
assigned to patrol will work three (3), twelve and one half hour (121/2) days per week with a ten
(10) hours payback per month, without incurring any overtime.
In the event the City needs to adjust any work schedule, the City agrees that no such
modification will be conducted without first notifying the effected employee a minimum of 10
days prior to the change, unless agreed to by the effected employee(s) and the Chief of Police or
his designee.
The City agrees to continue the 3/12 Plan for VPMA employees assigned to patrol, with the
exception of specific assignments. The VPMA agrees that the City may, at its sole discretion and
at any time, terminate the 3/12 Plan. The VPMA agrees that the termination of the 3/12 Plan is not
subject to the grievance procedure or any other administrative review and that the 3/12 Plan is not
and shall not become a vested right in any manner, and that a decision to terminate such 3/12 Plan
is subject to the meet and confer process.
Section 3: Shift and Code Seven Policy:
Patrol personnel shall work a twelve- and -one-half (12%2) hour shift. The first one-half hour shall
be used for briefing and training purposes. Lunch time (Code 7) shall be part of the shift and is
compensable.
Section 4: Shift Trades
The practice of shift trading shall be voluntary on behalf of each employee involved in the trade.
A shift trade must be pre -approved by a supervisor. The trade must be due to the employee's desire
or need to attend to a personal matter and not due to the department's operations. The employee
providing the trade shall not have his/her compensable hours increased as a result of the trade; nor
shall the employee receiving the trade have his/her compensable hours decreased as a result of the
trade.
If one individual fails to appear for the other (regardless of the reason), the person who was
scheduled as a result of the shift trade will be listed as absent without leave and may be subject to
discipline.
27
Any premium pay or other extra compensation shall continue to accrue only to the person
originally entitled to the premium pay or extra compensation. Any hours worked beyond the
normal work day will be credited to the individual actually doing the work. "Paybacks" of shift
trade are the obligation of the two employees involved in the trade. "Paybacks" are to be completed
within one (1) calendar year of the date of the initial shift trade.
Any dispute as to the "paybacks" is to be resolved by the involved employees, and under no
circumstances will the department be obligated for any further compensation whatsoever to any of
the involved employees. The department is not responsible in any manner for hours owed to
employees by other employees that leave the employment of the City or are assigned other duties.
A record of all initial shift trades and "paybacks' shall be maintained by the involved employees
on forms provided by the Department.
28
ARTICLE NINE
GRIEVANCE PROCEDURE
Vernon has adopted a grievance procedure applicable to all Police Lieutenants and Police Captains
containing the following principles:
A grievance will be defined as a dispute between the City and an employee or employees
adversely affected thereby over interpretation or application of any provision of this
Memorandum of Understanding or policy. "Days" as used herein shall be those days that
the City Hall of the City of Vernon is open part or all of the day. "Immediate Supervisor"
is the lowest level management or supervisory person having immediate jurisdiction over
the grievant.
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. If an
employee fails to appeal from one level to the next within the time limits established in this
grievance procedure, the grievance shall be considered settled on the basis of the last decision,
and the grievance shall not be subject to further appeal or reconsideration.
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 designated
management representative.
INFORMAL PROCEDURE
Within eight (8) days of the date the employee(s) knew or reasonably should have known of the
incident giving rise to the grievance, the employee may discuss the complaint with his/her
29
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 union representative shall inform the Human Resources
Director, within one day of initiating the Informal Procedure, that he/she has initiated the
Informal Procedure and the date the informal grievance was first discussed with his/her
supervisor.
Within eight (8) days of the discussion with the employee, the supervisor shall verbally respond
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 1
The aggrieved employee shall present in writing his grievances to his immediate supervisor within
ten (10) working days of the occurrence of the action giving rise to the grievance. Discussions will
be informal for the purpose of settling differences in the simplest and most direct manner. The
immediate supervisor shall reach a decision and communicate it in writing to the aggrieved
employee and the Municipal Employee Relations Representative (MERR) within eight (8)
working days from the date the grievance was presented to him.
Step 2
If the grievance is not settled at the first step to the satisfaction of all parties, either the MERR or
the aggrieved employee within ten (10) working days of the answer in the first step, shall reduce
the grievance to writing, sign it and present it to the Department Head or his designee. The
Department Head or his designee shall obtain the facts concerning the alleged grievance and shall
within eight (8) working days of receipt of the written grievance conduct a meeting between
himself, his representative if needed, the aggrieved employee, and the employee's representative.
The Department Head or his designee shall notify the aggrieved employee and the MERR of his
decision not later than eight (8) working days following the meeting date.
Step 3
If the grievance is not settled at Step 2, it may, upon the request of either the employee or the
MERR, be submitted to the mediation of the California State Conciliation Service. The mediator
designated by the Service shall attempt to adjust the grievance. Proposals, concessions and
admissions made during the course of such mediation shall be confidential and not be used in any
subsequent proceedings. If the grievance is not settled to the satisfaction of all parties within twenty
(20) days after the designation of the mediator by the Services, then the grievance shall be deemed
not to have been settled at Step 3.
Step 4
If the grievance is not settled to the satisfaction of all parties at Step 3, then the grievance shall be
submitted to the City Council of the City of Vernon for determination. The Council shall conduct
such hearing and receive such evidence as it deems appropriate. The City Council will make the
30
final decision at its sole discretion; however, the mediator from Step 3 above will be allowed to
participate with the Council during an executive deliberative session wherein management
representatives and employee representatives shall be excluded from said deliberative session.
The Council's decision will be the final step in the Grievance Procedure and will be provided in a
written format that will be given to the grievant after the decision is made. Should employees
represented by the Vernon Police Officers Benefit Association (VPOBA) amend their MOU
contract language regarding Grievance Procedures between July 1, 2016 and June 30, 2019, the
City and the VPMA agree to amend the VPMA MOU to incorporate such changes.
31
ARTICLE TEN
DISCIPLINE PROCEDURE
A. DISCIPLINARY ACTIONS
The tenure of every ity employee shall be based on reasonable standards of personal conduct and
job performance Failure to meet such standards shall be grounds for appropriate disciplinary
action which shall be commensurate with the seriousness of the offense and with consideration of
the employee's personnel file Progressive discipline will be used- however, this does not preclude
the City from taking disciplinary action up to and including termination for an incident for which
there is no prior documentation as long as the disciplinary action is warranted and is based on just
cause.
The procedures herein shall be followed when in the judgment of the Chief of Police, an employee
has committed an act or omission that justifies discipline. The Chief of Police or his/her designee
shall advise employees of contemplated disciplinary actions in writing and allow the employee an
opportunit t�pond to such charges prior to taking final action.
Disciplinary actions should be documented in the employee's official personnel file. Performance
deficiencies documented in the employee's performance evaluation as "does not meet standards"
mn be the basis for disciplinary action if the employee fails to correct those performance
deficiencies within the time period designated by his/her supervisor. To the extent possible,
performance deficiencies or other causes for discipline will be documented in the employee's
personnel file.
Upon the City receiving_ authorization from the employee the Cityprovide 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 beingtken.
Nothing in this article shall preclude the Chief of Police or his/her designee from ordering a public
safety officer to cooperate with other agencies involved in criminal investigations, except where
32
the public safety officer may be the focus of the investigation. If an officer fails to comply with
such an order, the officer may be officially charged with insubordination.
B. VERBAL OR WRITTEN REPRIMAND PROCEDURES/APPEALS
Any sworn employee having received a verbal or written reprimand shall be entitled to the
following appeal procedure, this will be the sole and exclusive procedure afforded to employees
for appealing disciplinary action consisting of a written reprimand or less. Subsection (D) (Pre -
Disciplinary Procedures) and Subsection (E) (Disciplinary Appeal Procedures), herein shall not
apply to disciplinary action consisting of a verbal or written reprimand. This appeal process shall
not be applicable to performance evaluations.
Days shall be defined for the purposes of this Article as any day in which the City Hall is open to
the public for the general conduct of business.
Within ten (10) days of the employee's receipt of the verbal or written reprimand, the employee
may request in writing a meeting with the supervisor who issued the reprimand. Failure to request
a meeting within ten (10) days will constitute a waiver of the employee's right to respond. The
employee's appeal may be made verbally or in writing. After the meeting or receipt of the
employee's written appeal the supervisor will have ten (10) days to respond to the employee in
writing.
If the matter is not resolved to the affected employee's satisfaction, the employee may seek review
of the supervisor's decision by submitting a written request to the Chief of Police or his/her
designee within ten (10) days of recent of the supervisor's decision. The determination of the
Chief of Police or his/her designee is final and binding subject to the option of the employee to
bring a proceeding pursuant to Code of Civil Procedure sections 1094.5 and 1094.6.
C. PRE -DISCIPLINARY PROCEDURES
Prior to the suspension demotion reduction in pay or dismissal of any permanent employee for
disciplinary purposes, the following procedures shall be followed:
Written Notice of Proposed Action
33
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.
Emnlovee Response/Pre-Disciplinary Conference
The notice of proposed action shall state the date by which the employee must exercise the right
to respond orally, in writing or both orally and in writing. This represents the pre -disciplinary
opportunity for the employee to state any reasons that he/she believes the proposed action to be
inappropriate The employee shall have a reasonable amount of time to respond, which shall not
be fewer than ten (10) days. This date may be adjusted by mutual agreement. Failure to respond
by the assigned date will constitute a waiver of the right to respond. AU 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
remit 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
4ppeal rights shall be stated.
Emergencies
34
When, in the opinion of the City, immediate disciplinary action is required to protect the health,
safety or welfare of the public, other employees or the employee himself, the employee may be
suspended for up to five 5) days pending the processing of the notices required in Section C of
this article or may be suspended with pay pending the completion of such investigations or
hearings as may be required to determine if disciplinary action is to be taken. If the charges and/or
allegations are not sustained the employee suspended without pay shall be entitled to
reinstatement with full back pay and benefits.
D. DISCIPLINARY APPEAL PROCEDURES
Major Discipline
Any permanent employee in the classified service shall have the right to appeal any dismissal,
suspension of three (3) days or more reduction in salary, or non -probationary demotion. The
appeal process shall not be applicable to probationary employees The appeal process shall not be
applicable to performance evaluations verbal and/or written reprimands.
An employee desiring to appeal the discipline shall have ten (10) days after receipt of proposed
notice of discipline The employee's request for appeal must be addressed to the City
Administrator and received in the Human Resources Department. The Human Resources
Department shall date stamp the employee's appeal to verify the timeliness of the appeal.
If, within the 10 day appeal period the employee does not file the appeal, unless good cause for
the failure is shown the discipline shall be considered conclusive. If the employee files a timely
appeal an arbitration appeal hearing shall be established as follows:
1 The employee shall submit a written request to the Human Resources Department for
advisory arbitration to the City Administrator or designee. The City and Association will
share equally share (i.e. 50/50) the arbitration -related expenses, excluding attorney fees,
expert witness(es) and staff time.
2 The City shall request a list of seven (7) arbitrators registered with the American
Arbitration Association California State Conciliation Service or some other agreed upon
35
source within ten (10) days of the employee's request. If the parties are unable to agree
on an arbitrator from that list, an arbitrator will be selected by the parties alternately
striking names from the list until only one (1) name remains.
3. The selected arbitrator shall serve as the hearing officer.
4 All arbitration proceedings arising under this procedure shall be governed by the
provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title
2 of the California Government Code.
5 All time limits specified in the procedure may be waived by mutual written agreement.
6 At the conclusion of the hearing the arbitrator will submit his/her findings to the City and
the employee Within eight(8) days of receiving the arbitrator's fmdings, the City
Administrator shall provide his/her decision in writing, to the employee. The City
Administrator's decisions shall set forth which charges, if any, are sustained and the
reasons therefor. The opinion shall set forth findings of fact and conclusions. The City
Administrator's decision is final subject to the option of the employee to bring a
proceeding pursuant to Code of Civil Procedure sections 1094.5 and 1094.6.
Minor Discipline
Any permanent employee shall have the riglit to appeal any suspension below the threshold of
major discipline This appeal process shall not apply to probationary employees.
If the issue cannot be resolved between the employee and the supervisor, the employee may, within
ten 00) days from receiving notice of the proposed discipline request and be granted an interview
with the Chief of Police or his/her designee in order to discuss the appeal.
The Chief of Police or designee shall render his/her decision in writing within fifteen (15) days of
receivingthe he appeal If the Chief of Police and employee are unable to arrive at a satisfactory
solution the employee may, within fifteen (15) days from the date of the decision by the Chief of
Police submit a written appeal to the City Administrator or designee. The City Administrator or
designee will respond or schedule a meeting within fifteen (15) days. The City Administrator or
designee shall render his/her judgment as soon after the conclusion of the hearing as possible and
in no event later than thirty (30) days after conducting the hearing. His/her decision shall set forth
which charges, if any, are sustained and the reasons therefore. The opinion shall set forth findings
of fact and conclusions. The decision of the Cif 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.
37
MMOMMIPT ..
•,, .
Pik "M
ON
.,
38
ARTICLE ELEVEN
MANAGEMENT RIGHTS
Section 1. Exclusive Rights and Authority.
In order to ensure that the City is able to carry out its functions and responsibilities imposed by
law, the City has and will retain the exclusive right to manage and direct the performance of City
services and the work force performing such services, subject to certain limitations contained
elsewhere in this Memorandum of Understanding. Therefore, the following matters shall not be
subject to the meet and confer process, but shall be within the exclusive authority of the City. The
consideration of the merits, necessity, or organization of any service activity conducted by the City
shall include, but not be limited to the City's right to:
A. Determine issues of public policy.
B. The exclusive right to determine the mission of its constituent departments,
commissions, and boards.
B. Set standards and levels of service and to expand or diminish services.
C. Determine policies, procedures and standards for selection, training and promotion
of employees.
D. Direct its employees.
E. Establish and enforce employee dress and grooming standards.
F. Determine the methods and means to relieve its employees from duty because of
lack of work or other lawful reasons.
G. Maintain the efficiency of governmental operations.
H. Determine the methods, means and numbers and kinds of personnel by which
government operations are to be conducted.
I. Determine the content and intent of the job classifications and, to develop new job
classifications.
J. Determine methods of financing.
K. Determine style and/or types of city -issued wearing apparel, equipment or
technology to be used.
L. Determine and/or change the facilities, methods, technology, means, organizational
structure and size and composition of the work force and allocate and assign work
by which the City operations are to be conducted.
M. Determine and change the number of locations, relocations and type of operations
processes and materials to be used in carrying out all city functions, including, but
not limited to, the right to contract for or subcontract any work or operations of the
City.
N. Assign work to and schedule employees in accordance with requirements as
determined by the City and to establish and change work schedules and assignments
upon reasonable notice.
O. Establish and modify productivity and performance programs and standards.
P. Discharge, suspend, demote, reprimand, withhold salary increases and benefits, or
otherwise discipline employees in accordance with applicable state law.
Q. Establish employee performance standards including, but not limited to, quality and
39
quantity standards, and to require compliance therewith.
R. Take all necessary actions to carry out its mission in emergencies.
S. Exercise complete control and discretion over its organization and the technology
of performing its work.
The Association recognizes that the City has and will continue to retain, whether exercised or not,
the unilateral and exclusive right to operate, administer and manage its municipal services and
work force performing those services in all respects, subject to this Memorandum of
Understanding.
Section 2. Grievance on Impacts.
The exclusive decision -making authority of the City Council on matters involving City rights and
authority shall not be in any way, directly or indirectly, subject to the grievance procedure set
forth in this Memorandum of Understanding. The employee may only grieve the impact of the
exercise of exclusive City rights and authority that directly relate to matters within the scope of
representation.
The City shall not be required to meet and confer in good faith on any subject preempted by federal
or state law. The City shall meet and confer in good faith with the Association on all matters
related to the salaries, fringe benefits and other terms and conditions of employment in accordance
with the Meyers-Milias-Brown Act and/or Police Officers Bill of Rights.
40
SIGNATURE PAGE
CITY OF VERNON VERNON POLICE
MANAGEMENT ASSOCIATION
Carlos R. Fandino Jr.
City Administrator/"MERR"
Michael Earl
Director of Human Resources
Ana K. Rueda
Human Resources Analyst
APPROVED AS TO FORM:
Zaynah Moussa
Senior Deputy City Attorney
Brandon Gray
President
Roberto Sousa
Treasurer
Nicholas Perez
Secretary
APPROVED AND ADOPTED BY THE CITY COUNCIL ON
RESOLUTION NO.
Attest:
Deborah Harrington
Interim City Clerk
41
Dated:
PER
FULLY EXECUTED
AGREEMENT
SIGNATURE ROUTING FORM
CONTRACTOR: Vernon Police Management Association
CONTRACT PURPOSE: Memorandum of Understanding July 1, 2019 through June 30, 2022
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: $
Amendment Value $
Charge Acct. No(s)
❑ Contract is an Amendment to Eden Contract No. (if applicable)
RESPONSIBLE DEPARTMENT PERSON: Michael Earl
PHONE: ext. 239
AUTHORIZATION: VApproved by Council on 08/06/2019
(Check one and attach Resolution No. 2019-31 (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, 1
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_...
Approves insurance and sureties, if bonds required. � /0-11 — �i `z",
(3) Finance (Purchasing) f'
Checks compliance with Competitive Bidding & Living Wage Ordinances
and reflected in current budget.
(4) City Attorney
Approves contract as to form.
(5) City Signatory a q
Signs document on behalf of City.
(6) City Clerk %t
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
.ill 0` ve,
Y
5
OFFICE OF THE CITY CLERK
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
September 4, 2019
Vernon Police Management Association
Attn: Brandon A. Gray, President
4305 Santa Fe Avenue
Vernon, CA 90058
Re: Vernon Police Management Association Memorandum of Understanding for the Period of
July 1, 2019 — June 30, 2022
Dear Mr. Gray:
Please fine enclosed a copy of the fully executed original of the Memorandum of Understanding
approved by City Council on August 6, 2019, through Resolution No. 2019-31.
If you have any questions regarding this matter, please call Carlos Fandino, at (323) 583-881 1
ext. 228.
Very tr yours,
r
Deborah R. Juarez
Records Management Assistant
Enclosure
c: Michael Earl
Carlos Fandino
Masami Higa
Anthony Miranda
Resolution No. 2019-31
Agreement No. 19-094
E,Xcfusivel Industrial
c
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
AND
VERNON POLICE MANAGEMENT ASSOCIATION
July 1, 2019 through June 30, 2022
TABLE OF CONTENTS
MEMORANDUM OF UNDERSTANDING
Parties to the Memorandum of Understanding......................................................4
ARTICLE ONE: FUNDAMENTALS
Section 1: Recognition.......................................................................... 5
Section 2: No Discrimination.................................................................. 5
Section 3: Mutual Cooperation................................................................. 5
Section 4: No Strikes or Lockouts............................................................. 5
Section 5: CityNPMA Meetings............................................................ 5
Section 6: Association Business............................................................... 5
ARTICLE TWO: LEGAL LIMITATIONS, SAVINGS CLAUSE& TERM
Section 1:
Legal Limitations and Savings Clause ...........................................
6
Section2:
Term..................................................................................
6
Section 3:
Maintenance of Existing Conditions...............................................6
Section 4:
Modification and Waiver............................................................6
Section5:
Severability............................................................................7
ARTICLE THREE: SALARIES
Section1:
Lieutenants.............................................................................
8
Section2:
Captains................................................................................8
Section3:
Merit Steps.............................................................................8
Section 4:
Salary Adjustment Increase.........................................................
9
Section5:
Bilingual Pay.........................................................................
9
Section 6:
"P.O.S.T." Certificate Incentive ....................................................
9
Section7:
Shooting Pay.........................................................................
10
ARTICLE FOUR: LONGEVITY
Section 1: Employees Hired Before July 1, 1995........................................... 11
Section 2: Employees Hired On or After July 1, 1995..................................... 11
1
ARTICLE FIVE: OVERTIME
Section 1: Overtime Authorization............................................................ 12
Section2: FLSA Overtime..................................................................... 12
Section 3: Compensatory Time.................................................................12
Section 4: Leave Time Inclusion.............................................................. 12
Section 5: Training and Recertification...................................................... 13
Section 6: Court Attendance and "Stand By" Time ........................................ 13
Section7: Call Backs........................................................................... 14
Section8: Jury Duty............................................................................ 14
Section 9: Non-Compensable.................................................................. 15
ARTICLE SIX: UNIFORMS, ALLOWANCE AND SAFETY EQUIPMENT
Section 1: Uniform Allowance................................................................. 16
Section 2: Summer Uniforms...................................................................16
Section 3: Safety Equipment....................................................................16
ARTICLE SEVEN: BENEFITS
Section 1:
Public Employees Retirement System ............................................
17
Section 2:
Supplemental PERS Benefits......................................................
17
Section 3:
Medical, Dental, Vision and Life Insurance .....................................
18
Section 4:
Retirees Medical.....................................................................
19
Section5:
Vacation Time.......................................................................
21
Section 6:
"In Lieu" Holiday Time............................................................
21
Section7:
Sick Leave............................................................................22
Section 8:
Bereavement Leave.................................................................
23
Section 9:
Administrative Leave..............................................................
23
Section 10:
Deferred Comp.......................................................................23
Section 11:
Other City Employee Programs ...................................................
23
ARTICLE EIGHT: WORK SCHEDULE AND ABSENCES
Section1: Provisions............................................................................ 24
2
Section 2: Work Schedule 3/12 Plan.......................................................... 24
Section 3: Shift and 7 Code Policy............................................................ 24
Section 4: Shift Trades.......................................................................... 24
ARTICLE NINE: GRIEVANCE PROCEDURE
Grievance Procedure Steps.......................................................................... 26
ARTICLE TEN: DISCIPLINE PROCEDURE
Discipline Procedure Steps.......................................................................... 28
ARTICLE ELEVEN: MANAGEMENT RIGHTS
Section 1: Exclusive Rights & Authority..................................................... 33
Section 2: Grievance on Impacts................................................................34
SIGNATURE PAGE
Signatures.............................................................................................. 35
3
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
AND
VERNON POLICE 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 Police Management Association (hereinafter "VPMA") and except
as otherwise specifically provided herein shall apply only to those defined in the aforesaid
Resolution as Police Lieutenants and Police Captains.
This MOU constitutes a joint agreement by the Municipal Employee Relations Representative
("MERR") and the VPMA, 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 VPMA 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, 2019, and shall expire
at midnight on June 30, 2022.
IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN STATED, the VPMA
and the City of Vernon agree as follows:
4
ARTICLE ONE
FUNDAMENTALS
Section 1: Recognition
The City of Vernon recognizes the Vernon Police Management Association ("VPMA") as the
certified majority representative of management, comprised of Police Lieutenants and Police
Captains, as the exclusive representative of the employees for purposes of collective bargaining
for all terms and conditions within this Memorandum of Understanding.
Section 2: No Discrimination
The provisions of this Memorandum of Understanding shall be applied equally to all employees
covered hereby. Neither the City nor the VPMA 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 VPMA.
Section 3: Mutual Cooperation
The parties recognize the necessity of cooperating on matters of mutual concern and interest and
agree to work together to maximize the effectiveness of the Police Department and the City and to
accomplish legislative and funding goals in their mutual interest.
Section 4: No Strikes or Lockouts
During the life of this agreement no work stoppages, strikes, slowdowns, or picketing shall be
caused or sanctioned by the VPMA, and no lockouts shall be made by the City.
Section 5: City/VPMA Meetings
Representatives from the VPMA and the City shall meet as needed to discuss issues of mutual
concern.
Section 6: Association Business
The City shall grant release time of 100 hours per fiscal year for the Association President or
designee. In no case will Association Leave Time be used for political action purposes or if it
will cause overtime unless it is authorized in writing by the Police Chief or his designee.
5
ARTICLE TWO
LEGAL LIMITATIONS, SAVINGS CLAUSE, AND TERM
Section 1: Legal Limitations and Savings Clause
It is understood and agreed that this Memorandum of Understanding (including, but not limited to,
the provisions of the Fair Labor Standards Act) and any and all Resolutions or Ordinances adopted
in implementation thereof are and shall be subject to all present and future applicable federal and
state laws and regulations and shall be effective and implemented only to the extent permitted by
such laws and regulations.
If any part of this Memorandum of Understanding or of any Resolution or Ordinance adopted in
implementation thereof is in conflict or inconsistent with any such applicable provisions of federal
and state laws or regulations or otherwise held to be invalid or unenforceable by any tribunal of
competent jurisdiction, such part or provision shall be suspended and superseded, and such
applicable laws and regulations and the remainder of this Memorandum of Understanding shall
not be affected thereby and shall remain in full force and effect.
Section 2: Term
(a) Except as otherwise provided herein, this Memorandum of Understanding shall be in full
force and effect from July 1, 2019, and shall remain in full force and effect up to and
including midnight, the 30th day of June 2022, or until the next Memorandum of
Understanding becomes effective.
(b) This Memorandum of Understanding shall be binding on the City and the Association
when approved and adopted by the City Council.
Except as otherwise provided in Article III, Section 1, herein, the City and the Association
agree to submit proposals for any changes related to wages, benefits and/or other terms of and
conditions of employment affecting this Memorandum of Understanding between February 1,
2022 and March 1, 2022.
Section 3: Maintenance of Existing Conditions
Any employment policy, practices and/or benefits, including the alternative workweek schedule
and overtime compensation are incorporated into this Memorandum of Understanding,
unless otherwise stated herein. In the event of a conflict between the Memorandum of
Understanding and an existing policy and/or practice, this Memorandum of
Understanding shall govern.
Section 4: Modification and Waiver
The City reserves the right to add to, delete from, amend or modify the Administrative rules, the
City Municipal Code, and the City's Personnel Policies and Procedures Manual during the term of
0
the Memorandum of Understanding, subject to the requirements of the Meyers-Milias-Brown Act
and the Police Officers Bill of Rights.
Section 5: Severability
In the event that a court finds any provision(s) of this Memorandum of Understanding to be invalid
or unenforceable, the parties intend that the remaining provisions remain in effect. The parties
further agree to meet and confer for purposes of negotiating an alternative to any provision
declared invalid or unenforceable.
7
ARTICLE THREE
SALARIES
(a) Effective the first full pay period in July 2019, employees represented in the Vernon Police
Management Association shall receive a one percent (1 %) cost of living increase.
(b) Effective the first full pay period in July 2020, employees represented in the Vernon Police
Management Association shall receive a one percent (1 %) cost of living increase.
(c) Effective the first full pay period in July 2021, employees represented in the Vernon Police
Management Association shall receive a one percent (1 %) cost of living increase.
Section 1: Lieutenant
Police Lieutenant with 1 % COLA
Salar Range PM 37
Step
Effective
7/7/2019
Effective
7/5/2020
Effective
7/4/2021
1
$ 11,435
$ 11,549
$ 11,665
2
$ 12,007
$ 12,127
$ 12,248
3
$ 12,607
$ 12,733
$ 12,860
4
$ 13,237
$ 13,370
$ 13,503
5
$ 13,899
$ 14,038
$ 14,178
Section 2: Captain
Police Captain with 1 % COLA
Salar Range PM 40
Step
Effective
7/7/2019
Effective
7/5/2020
Effective
7/4/2021
1
$ 13,237
$ 13,370
$ 13,503
2
$ 13,899
$ 14,038
$ 14,178
3
$ 14,594
$ 14,740
$ 14,887
4
$ 15,324
$ 15,477
$ 15,632
5
$ 16,090
$ 16,251
$ 16,413
�l
Section 3: Merit Steps
Effective the first full pay period in July of each year during the term of this agreement, employees
who are not at the top step of their Classification Compensation Plan, and have attained one year
of an overall "above average" or higher performance evaluation rating, as of their immediately
preceding classification anniversary date, shall, in accordance with the City's Performance
Evaluation Policy, receive a merit step salary advance. Employees shall continue to receive their
annual evaluations as scheduled in the City's Performance Evaluation Policy. Future merit
increases to any said step shall remain at the sole discretion of the City Council.
Section 4: Salary Adjustment Increase
In the event there is a salary inequity between ranks or between employees within the Department,
the Chief of Police with the approval of the City Administrator may incorporate a service
adjustment increase up to ten percent (10%) per month of their base salary.
Section 5: Bilingual Pay
A VPMA employee may be compensated for bilingual skills after the employee demonstrates
proficiency in speaking a foreign language (the ability to read and write in a foreign language may
also be tested, if necessary), which proficiency would be determined by successful completion of
a foreign language proficiency test designated by the Human Resources Department. Those
employees who successfully demonstrate this skill are eligible to receive an additional One
Hundred Twenty -Five Dollars ($125.00) per month for bilingual pay and shall not be considered
to be part of the employee's base monthly salary when computing Peace Officers Standards and
Training (P.O.S.T.) certificate incentives; however, it shall be considered as part of the base
monthly salary for purposes of computing the last highest annual salary.
Section 6: Peace Officers Standards and Training ("P.O.S.T.") Certificate Incentive
VPMA employees shall be entitled to P.O.S.T. certificate pay as follows:
Effective the first full pay period in July of 2019 the POST Certificate pay shall be as follows:
Intermediate: 4% of the employee's basic monthly salary, excluding all other compensation
Advanced: 8% of the employee's basic monthly salary, excluding all other compensation
Effective the first full pay period in July of 2020 the POST Certificate pay shall be as follows:
Intermediate: 5% of the employee's basic monthly salary, excluding all other compensation
Advanced: 10% of the employee's basic monthly salary, excluding all other compensation
Effective the first full pay period in July of 2021 the POST Certificate pay shall be as follows:
E
Intermediate: 6% of the employee's basic monthly salary, excluding all other compensation
Advanced: 12% of the employee's basic monthly salary, excluding all other compensation
Payment of the above -referenced incentive compensation shall not be cumulative; only the highest
applicable incentive pay level shall apply.
• Effective June 1, 2014 VPMA employees shall be entitled to a 7.5% of the employee's
base monthly salary, excluding all other compensation, for a P.O.S.T. Management
Certificate.
Incentive pay shall be payable the month following the month during which the certificate is
granted.
P.O.S.T. certificate pay shall be considered as part of the base monthly salary for purposes of
computing the last highest annual salary.
Should employees represented by the Vernon Police Officers Benefit Association (VPOBA)
receive across -the board enhancements to the existing P.O.S.T. Certificate Pay, a like increase will
be provided to employees represented by the Police Officers Management Association.
Section 7: Shooting Pay
It is recognized by the City of Vernon and the VPMA that a peace officer must qualify in the firing
range on a monthly basis in order to continue to be employed and to receive Shooting Pay. Such
qualifications shall occur on duty. Employees who shoot at the range other than the required
qualifications dates will be considered to be on personal time. Such time is not counted as working
time and is not compensable.
Officers who achieve the following qualifications shall receive compensation as follows:
Marksman
$
3.00
Per Month
Sharpshooter
$
5.00
Per Month
Expert
$
7.50
Per Month
Distinguished Expert
$
10.00
Per Month
Shooting Pay shall be considered as part of the base monthly salary for purposes of computing
the last highest annual salary.
10
ARTICLE FOUR
LONGEVITY
Section 1: Employees Hired Before July 1,1995
Effective August 31, 1986, the City established a four -step Longevity program for all employees.
Said Longevity program is as follows:
• All eligible employees who have five years of service on or before August 31, 1986, shall
receive an additional five percent (5%) per month of their base salary effective August 31,
1986, and every year thereafter until reaching the next Longevity level. Employees upon
reaching their 5th anniversary date after August 31, 1986, shall be entitled to said five
percent (5%) per month upon said anniversary date.
All eligible employees who have ten (10) years of service on or before July 1, 1987, shall
receive an additional ten percent (10%) per month of their base salary effective July 1,
1987, and every year thereafter until reaching the next Longevity level. Employees upon
reaching their loth anniversary date after July 1, 1987, shall be entitled to said ten percent
(10%) per month upon said anniversary date. Said ten percent (10%) is in place of the five
percent (5%) referenced in paragraph 1 above and not cumulative therewith.
• All eligible employees who have fifteen (15) years of service on or before July 1, 1988,
shall receive an additional fifteen percent (15%) per month of their base salary effective
July 1, 1988, and every year thereafter until reaching the next Longevity level. Employees
upon reaching their 15th anniversary date after July 1, 1988, shall be entitled to said fifteen
percent (15%) per month upon said date. Said fifteen percent (15%) is in place of each of
the amounts referenced in paragraphs 1 and 2 above and not cumulative therewith.
• All eligible employees who have twenty (20) years of service on or before July 1, 1989,
shall receive an additional twenty percent (20%) per month of their base salary effective
July 1, 1989, and every year thereafter. Employees upon reaching their 20th anniversary
date after July 1, 1989 shall be entitled to said twenty percent (20%) per month upon said
anniversary date. Said twenty percent (20%) is in place of each of the amounts referenced
in paragraphs 1, 2 and 3 above and not cumulative therewith.
Section 2: Employees Hired on or after July 1,1995 and on or before December 31.2013
All employees in the VPMA who are hired on or after July 1, 1995, who attain five (5) years of
consecutive uninterrupted employment shall receive an additional five percent (5%) per month of
their base salary. Such employees shall be entitled to receive such five percent (5%) increase upon
reaching their 5th anniversary date. Such employees will not be entitled to receive any additional
Longevity percentage increase to their base salary for further service.
11
ARTICLE FIVE
OVERTIME
Section 1: Overtime Authorization
All overtime requests must have prior written authorization of the Chief of Police prior to the
commencement of such overtime work. Where prior written authorization is not feasible, explicit
verbal authorization must be obtained. Where verbal authorization is obtained, written
authorization must be obtained as soon thereafter as practicable.
Section 2: F.L.S.A. Overtime
Employees in the classification of Police Captain are exempt from overtime in accordance with
the Fair Labor Standards Act (FLSA) executive exemption. Police Lieutenants required to perform
in excess of the standard work period of 160 hours in a 28-day cycle shall receive compensation
at the rate of time and one-half their regular rate of pay or time and one-half "compensatory time"
for each hour worked. The regular rate of pay shall include the following components in addition
to base salary:
• P.O.S.T. Certificate Pay
• Special Assignment Pay
Section 3: Compensatory Time
Police Lieutenants may not earn more than forty (40) hours of compensatory time during any
FLSA 28-day cycle. At such time as an employee earns forty (40) hours of compensatory time
within a given 28-day work cycle, any additional overtime in that cycle shall be paid to the
employee at time and one-half of his/her regular rate of pay.
VPMA employees may not accumulate more than 240 hours of compensatory time. An employee
must be paid at the rate of time -and one-half for any overtime worked beyond the 240-hour
compensatory time "cap."
Section 4: Leave Inclusions
In determining an employee's eligibility for overtime compensation in a work period, paid leaves
of absence will be included in the total number of hours worked. Paid leaves of absence include,
but are not limited to, the following:
1. Vacation
2. Holiday Leave
3. Administrative Leave
4. Compensatory Leave
12
5. Workers' Compensation Leave (4850 time)
6. Jury Duty
7. Bereavement Leave
8. Military Leave
Section 5: Training and Recertification Time
Training time that is required is compensable.
Recertification time that is directly related to an employee's job will be compensable if completed
during assigned work hours.
Section 6: Court Attendance and "Stand By" Time
Court Appearances
VPMA employees shall be compensated for court appearances in the line of duty outside regular
scheduled duty hours as follows:
A. Court appearances which extend beyond an employee's normal shift assignment shall be
compensated as paid overtime. For purposes of calculating F.L.S.A. overtime pursuant to
this section of this MOU, only the actual time spent in court or traveling in a City vehicle
to and from the Station shall be credited as hours worked. Travel time to and from one's
private residence shall not be considered hours worked and shall not be compensated in
any manner whatsoever.
B. Notwithstanding the provisions of "A" above, VPMA employees required to attend court
sessions outside their regular schedule duty work shift shall be compensated a minimum
guarantee of four (4) hours at time and one-half (1.5).
C. If an employee is required to stay beyond four hours in court, the employee shall be
compensated at time and one-half (1.5) at their regular hourly rate for all hours spent in
their court duty assignment that day.
Stand By Time
If an employee receives a subpoena to be placed on standby, the effected employee shall be
compensated for Stand By status as follows:
A. An employee who is placed on Stand By status for a half court day, which shall consist
of either a morning session or afternoon session of court, shall be paid Sixty Dollars
($60.00).
B. An employee who is placed on Stand By status for a full court day, which shall consist
of the morning session and the afternoon session of court, on the same day, shall be
13
paid One Hundred Nineteen Dollars ($119.00). However, if said employee is required
to appear in court, he/she shall receive court appearance compensation rather than
Stand By compensation for his/her time in court.
C. The parties agree that Stand By pay shall not count toward hours worked and that the
provision complies with the F.L.S.A.
D. Alternatively, an employee (at the employee's option and with the permission of the
Chief of Police or his designee) on court Stand By may report to the police station, in
uniform, for assignment while awaiting court. Under these circumstances, an employee
shall be compensated on an hour -for -hour basis (if on overtime, at time and a half) for
time actually worked while on Stand By.
E. No additional payment other than that set forth in Section 6 of the MOU shall be made
for Court Pay.
Should employees represented by the Vernon Police Officers Benefit Association (VPOBA)
amend their MOU contract language regarding Court -Time Pay and Stand-by Pay, the City and
the VPMA agree to amend the VPMA MOU to incorporate such changes.
Section 7: Call Backs
Call Back duty occurs when an employee is ordered to report to duty on a non -regularly scheduled
work shift. Call Back does not occur when an employee is held over from his/her prior shift or is
working prior to his/her regularly scheduled shift. This provision is also to be distinguished from
Court pay, which is to be used when an employee is called to court.
An employee called back to duty shall be credited with a minimum of four hours' work. Any
hours worked in excess of four hours shall be credited on an hour -for -hour basis (at time and one-
half compensation) for actual time worked.
If the employee is ordered to return to work immediately, his work time shall be credited
commencing immediately after the employee has been directly contacted by the employer.
Section 8: Jury Duty
I. Policy
A. Employees shall be granted up to two weeks (equivalent to eight (8) work days
based on City Hall schedule Monday through Thursday) paid leave of absence in
order to perform jury duty, provided that the employee provides notification to the
City for such jury duty and provides proper verification of hours spent on jury duty.
VPMA employees will be required to return to work, if regularly scheduled to work,
as soon as they are released from their jury duty.
B. In accordance with Section 215(b) of the Code of Civil Procedure, a juror who is
employed by a local government entity who receives regular compensation and
benefits while performing jury service, may not be paid Jury Duty Pay. An
employee must return all Jury Duty Pay to the Court if paid by the Court.
14
Employees shall notify their Supervisor on the day they are released from jury duty.
C. VPMA employees shall retain any Jury Duty Mileage Pay.
Section 9: Non-Compensable
A. City Vehicle Use—VPMA employees who are provided with a City vehicle to travel to
and from work shall not be compensated in any manner whatsoever for travel time to
and from work. This provision also applies in those situations where the radio must be
left on and monitored unless answering a call for service.
B. Clothes/Uniform Changing Time —Time spent in changing clothes before or after
shift, or during lunch, is not considered hours worked and is not compensable in any
manner whatsoever.
15
ARTICLE SIX
UNIFORMS, ALLOWANCE AND SAFETY EQUIPMENT
Section 1: Uniform Allowance
The City will pay each VPMA employee who is on the active payroll of the Vernon Police
Department the sum of One Thousand Dollars ($1,000) per fiscal year for the purchase of uniforms
and related equipment. Such payment shall occur within the month of August of each year.
Uniform allowance is special compensation that shall be deemed earned when paid and shall be
reported to Ca1PERS as compensation earnable.
Section 2: Summer Uniforms
VPMA employees who are assigned to patrol will be allowed to utilize summer uniforms (blue
shirt/blue shorts) on any day at the discretion of the Chief of Police. The Chief of Police shall
establish authorization or notification procedures, as well as summer uniform requirements.
Section 3: Safety Equipment
The City shall, every three (3) years, pay one half of the cost of the member's individual body
armor if the member presents to the City a receipt for body armor that meets Departmental
specifications. If the City provides individual body armor to an employee, and the employee
accepts such body armor, then the three (3) year time period shall begin upon acceptance of the
body armor by the employee.
VPMA employees who carry a private weapon which has been expressly approved by the Vernon
Police Department and suffer the loss or damage of such weapon in the line of duty shall be
compensated by the City of Vernon up to the amount of replacement cost of the official issue
weapon of the Vernon Police Department unless such loss or damage was caused by the
employee's negligence.
16
ARTICLE SEVEN
BENEFITS
Section 1: Public Employee Retirement System ("PERS")
The City shall maintain its contract with the California Employees Public Retirement System
(PERS) that provides VPMA employees with three percent (3%) at 50 PERS retirement benefit
plan.
As a result of the passage of AB 340 Public Employee Pension Reform (PEPRA), new CalPERS
members hired on or after January 1, 2013 who meet the definition of new member under PEPRA,
shall be provided a 2.7% at 57 PERS retirement benefit plan.
VPMA employees shall be responsible for paying their PERS nine percent (9%) employee's
contributions.
Effective the first full pay period in July 2019, in accordance with Government Code Section
20516(f) pursuant to a cost -sharing arrangement, all employees designated as "classic" employees
and enrolled in the "classic" retirement benefit formula shall share the cost of the employer
CalPERS contribution by paying an additional 1% of CalPERS reportable compensation for a total
contribution of ten percent (10%).
Effective the first full pay period in July 2020, in accordance with Government Code Section
20516(f) pursuant to a cost -sharing arrangement, all employees designated as "classic" employees
and enrolled in the "classic" retirement benefit formula shall share the cost of the employer
CalPERS contribution by paying an additional 1% of CalPERS reportable compensation for a total
contribution of eleven percent (11%).
Effective the first full pay period in July 2021, in accordance with Government Code Section
20516(f) pursuant to a cost -sharing arrangement, all employees designated as "classic" employees
and enrolled in the "classic" retirement benefit formula shall share the cost of the employer
CalPERS contribution by paying an additional 1% of Ca1PERS reportable compensation for a total
contribution of twelve percent (12%).
The City makes no representation as to whether any of the compensation or payments in this
Agreement are subject to CalPERS service credit or pensionable income. Employees/Union
expressly acknowledge that any determination by CalPERS to not fully credit the compensation
and/or service time provided under this Agreement is not a proper basis on which to void the
Agreement. Employees/Union further acknowledge that they will not pursue any claim or action
against the City related to any determination made by CalPERS in connection with this Agreement.
Section 2: Supplemental PERS Retirement Benefits
The City agrees to provide additional supplemental retirement benefits to VPMA employees under
PERS as follows:
17
• Gov't Code Section: 20042 — One Year Final Compensation:
New employees hired on or after January 1, 2013 who meet the definition of new member
under PEPRA shall receive 3 Year Final Compensation.
• Gov't Code Section: 21024 - Military Service Credit as Public Service:
• Gov't Code Section: 21571 — Basic Level of 1959 Survivor Benefits:
• Gov't Code Section: 21624 & 21626 & 21628 - Post Retirement Survivor Allowance:
Section 3: Medical, Dental, Vision and Life Insurance
The City shall contribute for each full-time employee up to the maximum amounts as set forth
below per pay period, toward the cost of his/her medical, dental, and vision plans as outlined in
Subsection A through D below. If employees opt out of dental and/or vision, they may use the
allotments for those respective coverages toward excess medical premiums as approved by the
Director of Human Resources.
A. For employees who elect Employee + Family coverage, the City shall 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.
B. For employees who elect Employee -Only, Employee + Spouse and Employee +
Children tiers, the City shall 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. This amount will remain fixed unless 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.
C. For 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,
18
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 change health,
dental, and/or vision plans during any open enrollment period or upon a qualifying
event as prescribed by the City's insurance provider.
Dental: The City of Vernon provides a dental insurance plan to employees. Employees may
purchase dental insurance through the City by pre-tax payroll deduction. In the event any VPMA
employee does not exceed his/her monthly benefit allowance, the employee shall be allowed to
use any excess monthly allowances towards additional provided coverage for dental and vision.
Vision: The City of Vernon provides a vision care reimbursement plan to employees. The City
shall pay 100% of the cost of such a plan as designated by their election of medical coverage.
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. The City agrees that all itemized benefit
amounts specified in the City of Vernon Vision Plan (CVVP) that fall below $150 shall be raised
to $150.
Life Insurance: The City provides a $20,000 life insurance premium 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.
Should employees represented by the Vernon Police Officers Benefit Association (VPOBA)
amend their MOU contract language regarding medical, dental, vision or life insurance benefits,
the City and the VPMA agree to amend the VPMA MOU to incorporate such changes.
Section 4: 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.
For employees hired by the City before July 1, 2019 the following retiree medical benefits apply:
Employees in the Vernon Police Management Association must have been employed as sworn
Peace Officers for a minimum of twenty (20) years and a minimum of 10 years of that service has
been in the employment of the City of Vernon to be eligible for Retiree's Medical benefit. The
City shall pay up to $1,100 per month towards the employee's option of the City's medical and
dental insurance programs for the employee and his/her eligible spouse, or the equivalent to the
then -current lowest cost City -offered Employee + Spouse medical HMO and/or dental HMO
insurance premium, whichever is greater. Alternatively, eligible retired employees and spouse
19
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 $1,100 per month as permitted by the
Public Employee Pension Reform Act (PEPRA) or the amount equivalent to the then -current
lowest cost City -offered Employee + Spouse medical -HMO and/or dental HMO insurance
premium, whichever is greater. 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.
The City's contribution toward the Retiree Medical/Dental Benefit Plan shall continue for said
retired employee and eligible spouse up to the age of sixty-five (65). Upon reaching the age of
sixty-five (65), the retiree and/or eligible spouse shall apply for Medicare Part A and Part B
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.
For employees hired by the City on or after July 1, 2019, the following retiree medical benefits
apply:
The City shall pay up to the amount equivalent to the then current, lowest cost, employee
only HMO insurance premium for the City's medical and/or dental insurance premium(s) for
all full-time regular employees in the classifications represented by the Vernon Police
Management Association who have been employed as sworn Peace Officers for a minimum of
twenty (20) years and a minimum of ten (10) years of that service has been in the employment of
the City of Vernon. The City contribution shall be applied only toward a city provided medical
and dental premium plan payment and shall have no cash surrender value.
The City's contribution toward the Retiree Medical/Dental Benefit Plan shall continue for said
retired employee up to the age of sixty-five (65). Upon reaching the age of sixty-five (65), the
retiree shall apply for Medicare Part A and Part B coverage, whereupon the City's insurance shall
become supplemental coverage. The City shall pay up to the cost of any Medicare supplemental
20
medical and dental insurance plan offered by the City of Vernon. The City will not be the primary
insurance carrier once the retiree reaches the age of sixty-five (65).
If the retiree 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.
All retired employees with a minimum of ten (10) years of continuous uninterrupted service with
the City may pay the City's premium cost for medical and dental insurance for employee only, up
to the age of sixty-five (65) after which time Medicare will become the primary insurance carrier.
The retired employee may remain on the City's supplemental insurance to Medicare at his/her cost
provided the retiree has timely obtained and maintains Medicare coverage.
Should the retired employee fail to pay his/her required cost of the insurance premium for the
City's medical/dental benefit plan for any three (3) consecutive months or, should the coverage
otherwise lapse for any reason other than City's non-payment, then the City's obligation to
maintain the retiree's medical/dental benefit plan shall automatically terminate without the need
for further notice.
Eligible retired employees may opt not to enroll in the City's medical and/or dental insurance
coverage and instead receive a monthly reimbursement payment up to the amount provided
above depending on the employee's date of hire 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.
Section 5: Vacations
A. Accrual
• Vacation accrual after the first year of service: 120 hours per year
• Vacation accrual after ten (10) years of service: 160 hours per year
• Vacation accrual after completion of twenty-five (25) years of service: 170
hours per year
B. Policy
VPMA employees may take all or part of their vacation in increments of one-fourth
(1/4) hour or more, as determined by the Chief at his discretion with due regard for
the wishes of the employee and the needs of the Department.
Any request will be honored only if, in the opinion of the Chief or his designee, the
manpower or service level on the day or days and at the times requested is adequate
to permit granting such a request.
Vacation time provided for herein shall be accumulated from calendar year to
calendar year, and shall be compensated for if not utilized during said period.
Section 6: "In Lieu" Holidays
21
VPMA employees shall receive one hundred and ten (110) "in lieu" holiday hours per calendar
year). "In lieu" holidays will be credited to each employee on each July 1 in which he/she is on
the active payroll, including those on "Light Duty", of the Department in a classification
represented by the VPMA and must be taken prior to the immediately following July 1.
"In lieu" holidays may be taken in increments of one-fourth (1/4) hour or more, on dates desired
by the employee subject to the needs of the Vernon Police Department.
"In lieu" holidays, if not taken, shall not be paid for except if the employee was denied an
opportunity to take them off during the calendar year for which such "in lieu" holidays were
granted. In that case only, the employee shall be paid for said "in lieu" holidays not taken with
his/her first possible payroll check on or after July 1 of the calendar year following the year for
which the "in lieu" holidays were credited, at his/her then basic rate, excluding all other
compensation, computed in accordance with the applicable Salary Resolution of Vernon. An
employee who quits or is terminated shall not be entitled to any compensation for "in lieu" holidays
not taken.
If the City Council, during the fiscal year, provides one or more additional holidays to the
miscellaneous employees in addition to those holidays provided for in Resolution No. 8764,
VPMA employees shall receive the same number of any additional holidays. Any additional "in
lieu" holiday time received by VPMA employees will be for a maximum of ten (10) hours per day
received.
Section 7: Sick Leave
Full-time VPMA employees only receive sick leave accrual while they are in a paid status.
Employees shall accrue sick time at a rate of 3.08 hours per pay period (80 hour annually), with a
maximum cap of 960 hours. Upon reaching the cap, full-time employees will continue to accrue
sick leave provided; however, in February of each year all accrued sick leave in excess of 960
hours shall be cashed in at fifty percent (50%) of the employee's regular rate of pay. Part-time
and temporary VPMA 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.
If a VPMA employee separates or terminates employment with the City, they shall be compensated
for any accrued sick leave hours at the time of separation not to exceed 960 hours. Employees that
separate from service with more than 20 years of service credit shall be compensated at 100% of
their current pay rate applied to the first 480 sick leave hours and 50% for their remaining hours
up to the cap of 960 hours. Employees with less than 20 years of service shall be compensated at
50% of their then current pay rate up to the cap of 960 hours. Employees shall have the option of
obtaining service credit for the accrued, unused sick leave hours instead of a cash payment pursuant
to California Government Code Section 20965.
VPMA employees are expected to contact their supervisor or Department head as soon as possible
to report a sick leave time off notification and provide appropriate information on the nature of the
illness or injury and the expected duration of the time off. Employees unable to report for duty
due to an illness should be required to call in and notify the on -duty supervisor a minimum of 2
hours before they are due to start their shift.
A VPMA employee who is absent on sick leave for more than two (2) consecutive shifts shall be
22
required by his or her supervisor to provide a doctors note in order to be paid for the sick leave.
Section 8•
Bereavement Leave
When an employee is compelled to be absent from duty by reason of death or critical illness (where
death appears imminent) of a member of the employee's immediate family (father, mother,
brother, sister, spouse, children, mother-in-law, father-in-law, step -parent -in-law, grandmother,
grandfather, grandchildren, grandmother -in-law, grandfather -in-law, step -children, step-parents,
step -sister, step -brother, step -grandchild, daughter-in-law, son-in-law, brother-in-law, sister-in-
law, or registered domestic partners), such person will be permitted, subject to the Chief of Police's
approval, to a leave of absence with pay for up to four (4) work days based upon the employee's
regular 4/10 work schedule, which may, but need not be, consecutive. An employee shall not be
granted paid Bereavement Leave for more than 4 days in any six-month period for the same family
member.
Employees will be allowed to utilize their vacation time, any compensatory time, or any "in lieu"
holiday time that is due to the employee, in order to lengthen such bereavement time.
The employee shall furnish satisfactory evidence of such death or critical illness to the Chief of
Police, if requested.
Section 9: Administrative Leave
Employee(s) occupying the classification of Police Captain, which is designated as "Exempt" for
overtime purposes in accordance with the Fair Labor Standards Act (FLSA) executive exemption,
shall receive sixty (60) hours of Administrative Leave annually as provided in the Citywide Fringe
Benefits and Salary Resolution.
Section 10: Deferred Compensation
VPMA employees are eligible to participate in the City's Deferred Compensation Program.
Section 11: Other City Employee Programs
VPMA employees are eligible to participate in all City sponsored programs passed by City Council
Resolutions that are intended to benefit all employees in the areas of, but are not limited to, the
following:
• Buyback of military leave for PERS retirement time
• Computer loan purchase plan
• Supplemental Life insurance
• Corrective eye surgery plan
• Hearing aid device plan
• Tuition reimbursement plan
• Family Medical Leave Act (FMLA)
23
ARTICLE EIGHT
WORK SCHEDULE AND ABSENCES
Section 1: Provisions
The Vernon Chief of Police at his sole discretion shall establish the work schedule.
Section 2: Work Schedule 3/12 Plan
Law Enforcement agencies are allowed to establish a work period of any length between seven
(7) and twenty-eight (28) consecutive days. At the City, employees must work one hundred
sixty (160) hours per twenty-eight (28) day cycle. In order to be compliant, VPMA employees
assigned to patrol will work three (3), twelve and one half hour (121h) days per week with a ten
(10) hours payback per month, without incurring any overtime.
In the event the City needs to adjust any work schedule, the City agrees that no such
modification will be conducted without first notifying the effected employee a minimum of 10
days prior to the change, unless agreed to by the effected employee(s) and the Chief of Police or
his designee.
The City agrees to continue the 3/12 Plan for VPMA employees assigned to patrol, with the
exception of specific assignments. The VPMA agrees that the City may, at its sole discretion and
at any time, terminate the 3/12 Plan. The VPMA agrees that the termination of the 3/12 Plan is
not subject to the grievance procedure or any other administrative review and that the 3/12 Plan is
not and shall not become a vested right in any manner, and that a decision to terminate such 3/12
Plan is subject to the meet and confer process.
Section 3: Shift and Code Seven Policy:
Patrol personnel shall work a twelve- and -one-half (121h) hour shift. The first one-half hour shall
be used for briefing and training purposes. Lunch time (Code 7) shall be part of the shift and is
compensable.
Section 4: Shift Trades
The practice of shift trading shall be voluntary on behalf of each employee involved in the trade.
A shift trade must be pre -approved by a supervisor. The trade must be due to the employee's
desire or need to attend to a personal matter and not due to the department's operations. The
employee providing the trade shall not have his/her compensable hours increased as a result of the
trade; nor shall the employee receiving the trade have his/her compensable hours decreased as a
result of the trade.
If one individual fails to appear for the other (regardless of the reason), the person who was
scheduled as a result of the shift trade will be listed as absent without leave and may be subject to
discipline.
24
Any premium pay or other extra compensation shall continue to accrue only to the person
originally entitled to the premium pay or extra compensation. Any hours worked beyond the
normal work day will be credited to the individual actually doing the work. "Paybacks" of shift
trade are the obligation of the two employees involved in the trade. "Paybacks" are to be
completed within one (1) calendar year of the date of the initial shift trade.
Any dispute as to the "paybacks" is to be resolved by the involved employees, and under no
circumstances will the department be obligated for any further compensation whatsoever to any of
the involved employees. The department is not responsible in any manner for hours owed to
employees by other employees that leave the employment of the City or are assigned other duties.
A record of all initial shift trades and "paybacks' shall be maintained by the involved employees
on forms provided by the Department.
1
ARTICLE NINE
GRIEVANCE PROCEDURE
GRIEVANCE DEFINITION
A grievance shall be defined as an allegation by an employee or the Association of a
misinterpretation, misapplication or violation of a particular provision of this MOU, City policy,
rule or past practice. The grievance procedure shall not be used in connection with an impasse in
collective bargaining, nor with disciplinary actions or other matters for which appeal procedures
exist under the Discipline and Disciplinary Actions article herein, or pursuant to statute.
DAYS
Days shall be defined for the purposes of this Article as any day in which the City Hall is open to
the public for the general conduct of business.
Step One - Immediate Supervisor
Within fifteen (15) days of the date the employee(s) knew or reasonably should have known of the
incident giving rise to the grievance, the employee(s) or the Association shall initiate the grievance
procedure by explaining the situation orally or in writing to the immediate supervisor of the
affected employee(s). The Association and/or employee(s) waives the right to proceed with the
grievance if the grievant does not initiate the procedure by this deadline. After the presentation of
the grievance to the supervisor, the supervisor shall make a decision and present his/her decision,
in writing, to the Association and employee(s) within five (5) days.
Step Two - Department Head
If the Association or employee(s) is not satisfied with the decision of the immediate supervisor,
the grievant(s) shall present the grievance, in writing, to the Chief of Police within ten (10) days
of the decision of the immediate supervisor. The Association and/or employee(s) waives the right
to proceed with the grievance if the grievant(s) does not act by this deadline. Within five (5) days,
the Chief of Police, or the designee of the Chief of Police, shall meet with the Association and
employee(s) to hear the grievance. Within five (5) days of hearing the grievance, the Chief of
Police or designee shall present his/her decision, in writing, to the Association and employee(s),
with copies to the Human Resource Director and the City Administrator.
Step Three - City Administrator/Advisory Arbitration
If the Association or employee(s) is not satisfied with the result of the meeting with the Chief of
Police, the grievant may request the matter be heard by the City Administrator or designee, or the
Association may choose to have the matter heard by an impartial hearing officer (arbitrator).
Should the matter be submitted directly to the City Administrator or designee, he/she shall meet
with the Association and/or employee(s) within eight (8) days of receipt of the grievant' s written
notice. If the Association and/or employee(s) elects to have the matter heard by the City
26
Administrator or designee, the Association and/or employee(s) waives the right to have the matter
heard by an arbitrator. Within eight (8) days of hearing the grievance, the City Administrator shall
provide his/her decision, in writing, to the Association and employee(s). The decision of the City
Administrator shall be final and binding, subject to the option of the employee to bring a
proceeding pursuant to Code of Civil Procedure sections 1094.5 and 1094.6.
If the Association elects arbitration, costs of the arbitration shall be shared equally between the
Association and the City. A court reporter shall be retained only by mutual consent of the parties.
The costs of the arbitration, including the court reporter, shall be divided in half (i.e. 50150) by the
parties. Attorney fees, staff time and witness fees shall not be shared between the parties and shall
be paid by the party that incurred the cost. If only one party wishes to retain a court reporter, the
requesting party shall bear the cost of said reporter.
If the Association elects arbitration, the City shall request a list of seven (7) arbitrators registered
with the American Arbitration Association, California State Conciliation Service or some other
mutually agreed upon source within ten (10) days of the Association's request. If the parties are
unable to agree on an arbitrator from that list, an arbitrator will be selected by the parties alternately
striking names from the list until only one (1) name remains. The selected arbitrator shall serve
as the hearing officer. All arbitration proceedings arising under the Grievance procedure shall be
governed by the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division
3 of Title 2 of the California Government Code.
Within eight (8) days of receipt of the arbitrator's recommendation, the City Administrator shall
provide his/her decision, in writing, to the Association and employee(s). The recommendation of
an arbitrator shall be advisory to the City Administrator or designee. The decision of the City
Administrator shall be final and binding, subject to the option of the employee to bring a
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.
27
ARTICLE TEN
DISCIPLINE PROCEDURE
A. DISCIPLINARY ACTIONS
The tenure of every City employee shall be based on reasonable standards of personal conduct and
job performance. Failure to meet such standards shall be grounds for appropriate disciplinary
action, which shall be commensurate with the seriousness of the offense and with consideration of
the employee's personnel file. Progressive discipline will be used; however, this does not preclude
the City from taking disciplinary action, up to and including termination, for an incident for which
there is no prior documentation as long as the disciplinary action is warranted and is based on just
cause.
The procedures herein shall be followed when, in the judgment of the Chief of Police, an employee
has committed an act or omission that justifies discipline. The Chief of Police or his/her designee
shall advise employees of contemplated disciplinary actions in writing and allow the employee an
opportunity to respond to such charges prior to taking final action.
Disciplinary actions should be documented in the employee's official personnel file. Performance
deficiencies documented in the employee's performance evaluation as "does not meet standards"
may be the basis for disciplinary action if the employee fails to correct those performance
deficiencies within the time period designated by his/her supervisor. To the extent possible,
performance deficiencies or other causes for discipline will be documented in the employee's
personnel file.
Upon the City receiving authorization from the employee, the City will provide the Association
with all written notices of discipline given to employees represented by Association. The written
notice of discipline will also inform the employee that he/she has the right to consult with the
Association with regard to the disciplinary action being taken.
Nothing in this article shall preclude the Chief of Police or his/her designee from ordering a public
safety officer to cooperate with other agencies involved in criminal investigations, except where
the public safety officer may be the focus of the investigation. If an officer fails to comply with
such an order, the officer may be officially charged with insubordination.
B. VERBAL OR WRITTEN REPRIMAND PROCEDURES/APPEALS
Any sworn employee having received a verbal or written reprimand shall be entitled to the
following appeal procedure; this will be the sole and exclusive procedure afforded to employees
for appealing disciplinary action consisting of a written reprimand or less. Subsection (D) (Pre -
Disciplinary Procedures), and Subsection (E) (Disciplinary Appeal Procedures), herein shall not
apply to disciplinary action consisting of a verbal or written reprimand. This appeal process shall
not be applicable to performance evaluations.
Days shall be defined for the purposes of this Article as any day in which the City Hall is open to
the public for the general conduct of business.
Within ten (10) days of the employee's receipt of the verbal or written reprimand, the employee
may request in writing a meeting with the supervisor who issued the reprimand. Failure to request
a meeting within ten (10) days will constitute a waiver of the employee's right to respond. The
employee's appeal may be made verbally or in writing. After the meeting or receipt of the
employee's written appeal, the supervisor will have ten (10) days to respond to the employee in
writing.
If the matter is not resolved to the affected employee's satisfaction, the employee may seek review
of the supervisor's decision by submitting a written request to the Chief of Police or his/her
designee within ten (10) days of receipt of the supervisor's decision. The determination of the
Chief of Police or his/her designee is final and binding, subject to the option of the employee to
bring a proceeding pursuant to Code of Civil Procedure sections 1094.5 and 1094.6.
C. PRE -DISCIPLINARY PROCEDURES
Prior to the suspension, demotion, reduction in pay or dismissal of any permanent employee for
disciplinary purposes, the following procedures shall be followed:
Written Notice of Proposed Action
Written notice of the proposed disciplinary action shall be given to the employee. Such notice
shall include the proposed effective date of the discipline, a statement of the reason(s) for the
29
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 ten (10) days. This date may be adjusted by mutual agreement. Failure to respond
by the assigned date will constitute a waiver of the right to respond. Any response will be fully
considered before any final action is decided upon.
The Pre -Disciplinary Conference does not need to be an evidentiary hearing. An employee has the
right to have a representative of his or her own choosing at the conference. The City may conduct
further investigation if the employee's version of the facts or new information raises doubts as to
the accuracy of the City's information leading to the discipline proposal.
Written Notice of Final Action
After consideration of the employee's response, or in the absence of a response, written notice of
the final disciplinary action shall be given to the employee. Such notice shall include essentially
the same information contained in the notice of proposed action, except that the employee's formal
appeal rights shall be stated.
Emergencies
When, in the opinion of the City, immediate disciplinary action is required to protect the health,
safety or welfare of the public, other employees or the employee himself, the employee may be
suspended for up to five (5) days pending the processing of the notices required in Section C of
this article or may be suspended with pay pending the completion of such investigations or
30
hearings as may be required to determine if disciplinary action is to be taken. If the charges and/or
allegations are not sustained, the employee suspended without pay shall be entitled to
reinstatement with full back pay and benefits.
D. DISCIPLINARY APPEAL PROCEDURES
Major Discipline
Any permanent employee in the classified service shall have the right to appeal any dismissal,
suspension of three (3) days or more, reduction in salary, or non -probationary demotion. The
appeal process shall not be applicable to probationary employees. The appeal process shall not be
applicable to performance evaluations, verbal and/or written reprimands.
An employee desiring to appeal the discipline shall have ten (10) days after receipt of proposed
notice of discipline. The employee's request for appeal must be addressed to the City
Administrator and received in the Human Resources Department. The Human Resources
Department shall date stamp the employee's appeal to verify the timeliness of the appeal.
If, within the 10-day appeal period, the employee does not file the appeal, unless good cause for
the failure is shown, the discipline shall be considered conclusive. If the employee files a timely
appeal, an arbitration appeal hearing shall be established as follows:
1. The employee shall submit a written request to the Human Resources Department for
advisory arbitration to the City Administrator or designee. The City and Association will
share equally share (i.e. 50/50) the arbitration -related expenses, excluding attorney fees,
expert witness(es) and staff time.
2. The City shall request a list of seven (7) arbitrators registered with the American
Arbitration Association, California State Conciliation Service or some other agreed upon
source within ten (10) days of the employee's request. If the parties are unable to agree
on an arbitrator from that list, an arbitrator will be selected by the parties alternately
striking names from the list until only one (1) name remains.
3. The selected arbitrator shall serve as the hearing officer.
31
4. All arbitration proceedings arising under this procedure shall be governed by the
provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title
2 of the California Government Code.
5. All time limits specified in the procedure may be waived by mutual written agreement.
6. At the conclusion of the hearing, the arbitrator will submit his/her findings to the City and
the employee. Within eight (8) days of receiving the arbitrator's findings, the City
Administrator shall provide his/her decision, in writing, to the employee. The City
Administrator's decisions shall set forth which charges, if any, are sustained and the
reasons therefor. The opinion shall set forth findings of fact and conclusions. The City
Administrator's decision is final, subject to the option of the employee to bring a
proceeding pursuant to Code of Civil Procedure sections 1094.5 and 1094.6.
Minor Discipline
Any permanent employee shall have the right to appeal any suspension below the threshold of
major discipline. This appeal process shall not apply to probationary employees.
If the issue cannot be resolved between the employee and the supervisor, the employee may, within
ten (10) days from receiving notice of the proposed discipline, request and be granted an interview
with the Chief of Police or his/her designee in order to discuss the appeal.
The Chief of Police or designee shall render his/her decision in writing within fifteen (15) days of
receiving the appeal. If the Chief of Police and employee are unable to arrive at a satisfactory
solution, the employee may, within fifteen (15) days from the date of the decision by the Chief of
Police, submit a written appeal to the City Administrator or designee. The City Administrator or
designee will respond or schedule a meeting within fifteen (15) days. The City Administrator or
designee shall render his/her judgment as soon after the conclusion of the hearing as possible and
in no event later than thirty (30) days after conducting the hearing. His/her decision shall set forth
which charges, if any, are sustained and the reasons therefore. The opinion shall set forth findings
of fact and conclusions. The decision of the City Administrator shall be final and binding, subject
to the option of the employee to bring a proceeding pursuant to Code of Civil Procedure sections
1094.5 and 1094.6.
32
ARTICLE ELEVEN
MANAGEMENT RIGHTS
Section 1. Exclusive Rights and Authority
In order to ensure that the City is able to carry out its functions and responsibilities imposed by
law, the City has and will retain the exclusive right to manage and direct the performance of City
services and the work force performing such services, subject to certain limitations contained
elsewhere in this Memorandum of Understanding. Therefore, the following matters shall not be
subject to the meet and confer process, but shall be within the exclusive authority of the City. The
consideration of the merits, necessity, or organization of any service activity conducted by the City
shall include, but not be limited to the City's right to:
A. Determine issues of public policy.
B. The exclusive right to determine the mission of its constituent departments,
commissions, and boards.
C. Set standards and levels of service and to expand or diminish services.
D. Determine policies, procedures and standards for selection, training and promotion
of employees.
E. Direct its employees.
F. Establish and enforce employee dress and grooming standards.
G. Determine the methods and means to relieve its employees from duty because of
lack of work or other lawful reasons.
H. Maintain the efficiency of governmental operations.
I. Determine the methods, means and numbers and kinds of personnel by which
government operations are to be conducted.
J. Determine the content and intent of the job classifications and, to develop new job
classifications.
K. Determine methods of financing.
L. Determine style and/or types of city -issued wearing apparel, equipment or
technology to be used.
M. 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.
N. 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.
O. Assign work to and schedule employees in accordance with requirements as
determined by the City and to establish and change work schedules and assignments
upon reasonable notice.
P. Establish and modify productivity and performance programs and standards.
33
Q. Discharge, suspend, demote, reprimand, withhold salary increases and benefits, or
otherwise discipline employees in accordance with applicable state law.
R. Establish employee performance standards including, but not limited to, quality and
quantity standards, and to require compliance therewith.
S. Take all necessary actions to carry out its mission in emergencies.
T. Exercise complete control and discretion over its organization and the technology
of performing its work.
The Association recognizes that the City has and will continue to retain, whether exercised or not,
the unilateral and exclusive right to operate, administer and manage its municipal services and
work force performing those services in all respects, subject to this Memorandum of
Understanding.
Section 2. Grievance on Impacts
The exclusive decision -making authority of the City Council on matters involving City rights and
authority shall not be in any way, directly or indirectly, subject to the grievance procedure set
forth in this Memorandum of Understanding. The employee may only grieve the impact of the
exercise of exclusive City rights and authority that directly relate to matters within the scope of
representation.
The City shall not be required to meet and confer in good faith on any subject preempted by federal
or state law. The City shall meet and confer in good faith with the Association on all matters
related to the salaries, fringe benefits and other terms and conditions of employment in accordance
with the Meyers-Milias-Brown Act and/or Police Officers Bill of Rights.
34
CITY OF VERNON
Carlos R. Fandino Jr.
City Administrator/"I
Mic ael A. E rl
Director of Human Resources
An d K. Rue a
Human Resources Analyst
APPROVED AS TO FORM:
Zayn . Moussa
Senio eputy City Attorney
SIGNATURE PAGE
VERNON POLICE
MANAGEMENT ASSOCIATION
6randon A. Gra
President
Roberto C. Sousa
Treasurer
- Aqp=
Nicholas J. Pere
Secretary
APPROVED AND ADOPTED BY THE CITY COUNCIL ON August 6, 2019 , PER
RESOLUTION NO. 2019-31 .
Attest:
eb rah A. Harrington
Interim City Clerk
35
Dated: / ?
i
��.
STAFF REPORT
FAT
08/06/19, SD
City Council Agenda Item Report
Agenda Item No. COV-349-2019
Submitted by: Michael Earl
Submitting Department: Human Resources
Meeting Date: August 6, 2019
SUBJECT
A Resolution ofthe City Council of the City of Vernon Approving the Memorandum of Understanding by and between
the City of Vernon and the Vernon Police Management Association
Recommendation:
A. Find that approval of the attached resolution in this staff report is exempt from California Environmental Quality Act
(CEQA) review, because it is an administrative activity that will not result in direct or indirect physical changes in the
environment and therefore does not constitute a "project" as defined by CEQA Guidelines Section 15378; and
B. Adopt the attached resolution approving the 2019-2022 Memorandum of Understanding by and between the City of
Vernon and the Vernon Police Management Association
Background:
The existing memoranda of understanding (MOU's) between the City of Vernon and the City's six bargaining groups
expired June 30, 2019. Pursuant to City Council direction and authority, negotiations with all six bargaining groups
began in March 2019. Labor negotiations with the Vernon Police Management Association, representing sworn Police
Captain and Police Lieutenants, have been ongoing since March 2019 for a successor MOU. On July 18, 2019, the
membership ratified a tentative agreement on a successor MOU.
Based on the direction and authority provided by the City Council, it is recommended that City Council approve a
successor Memorandum of Understanding for the period of July 1, 2019 through June 30, 2022 that reflects the
following key provisions:
* The term of the agreement is for three (3) years from July 1, 2019 through June 30, 2022
* A one percent (1 %) Cost of Living Adjustment to salaries (COLA) effective in July of each year during the term of
the agreement
* Employees who are considered to be "Classic" employees as defined by the California Public Employees Retirement
System (CaIPERS) will increase the amount paid towards the cost of their retirement benefit by an additional one
percent (1 %) per year for a total contribution of twelve percent (12%) by the third year of the agreement
* increase of one percent (I%) per year for officers who possess an Intermediate P.O.S.T. Certificate
* Increase of two percent (2%) per year for officers who possess an Advanced P.O.S.T. Certificate
* Increase of eighty (80) hours in Association Business Time shared among association board members
* Retiree medical benefits have been revised for all new VPMA employees hired by the City after July 1, 2019,
eliminating lifetime medical insurance coverage for the retiree's spouse consistent with the benefits provided to
non -safety employees
* Various minor language changes to update and or eliminated outdated or obsolete language that is either no longer in
effect or required update to reflect current practices.
AGENDA APPROVED ITEM
08/06/19, SD
The changes from the previous MOU are highlighted in the attached proposed draft 2019 - 2022 MOU.
Fiscal Impact:
The fiscal impact of these proposed changes is approximately $4,535 for fiscal year 2019/2020. Funds have been
included in the proposed FY 2019/2020 budget.
ATTACHMENTS
1. Resolution - VPMA MOU 2019-2022
AGENDA APPROVED ITEM
08/06/19, SD
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING THE MEMORANDUM OF UNDERSTANDING BY
AND BETWEEN THE CITY OF VERNON AND THE VERNON
POLICE MANAGEMENT ASSOCIATION FOR THE PERIOD OF
JULY 1, 2019 THROUGH JUNE 30, 2022
WHEREAS, the Vernon Police Management Association ("VPMA") has
been recognized as an employee organization and has met and conferred
with the Municipal Employee Relations Representative of the City of
Vernon (the "MERR"); and
WHEREAS, on July 12, 2016, the City Council of the City of
Vernon adopted Resolution No. 2016-39, approving a Memorandum of
Understanding by and between the City and the VPMA for the period of
July 1, 2016 through June 30, 2019; and
WHEREAS, the City and VPMA have concluded labor negotiations
regarding wages, benefits and working conditions for the period of
July 1, 2019 through June 30, 2022; and
WHEREAS, representative members of the VPMA and the City have
agreed to execute a Memorandum of Understanding ("MOU") setting forth
certain terms and conditions for employment of City of Vernon employees
in classifications represented by the VPMA, for the period of
July 1, 2019 through June 30, 2022; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the above recitals are true and correct.
SECTION 2: The City Council of the City of Vernon finds
that this action is exempt under the California Environmental Quality
Act ("CEQA") review, because it is an administrative action that will
AGENDA APPROVED ITEM
08/06/19, SD
not result in direct or indirect physical changes in the environment,
and therefore does not constitute a "project" as defined by CEQA
Guidelines section 15378.
SECTION 3: The City Council of the City of Vernon hereby
approves the Memorandum of Understanding between the City of Vernon and
the Vernon Police Management Association, in substantially the same form
as the copy which is attached hereto as Exhibit A.
SECTION 4: The City Council of the City of Vernon hereby
instructs the City Administrator, or his designee, to take whatever
action is deemed necessary or desirable for the purpose of implementing
and carrying out the purposes of this Resolution and the transactions
herein approved or authorized, including but not limited to, any
nonsubstantive changes to the MOU attached herein.
SECTION 5: The City Council of the City of Vernon hereby
directs the Interim City Clerk, or the Interim City Clerk's designee,
to send a fully executed MOU to Brandon Gray, VPMA President.
- 2 -
AGENDA APPROVED ITEM
08/06/19, SD
SECTION 6: The Interim City Clerk of the City of Vernon
shall certify to the passage, approval and adoption of this resolution,
and the Interim City Clerk of the City of Vernon shall cause this
resolution and the Interim City Clerk's certification to be entered in
the File of Resolutions of the Council of this City.
APPROVED AND ADOPTED this 6th day of August, 2019.
ATTEST:
Deborah Harrington,
Interim City Clerk
APPROVED AS TO FORM:
Zaynah Moussa,
Senior Deputy City Attorney
Name:
Title: Mayor / Mayor Pro-Tem
- 3 -
AGENDA APPROVED ITEM
08/06/19, SD
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Deborah Harrington, Interim City Clerk of the City of Vernon,
do hereby certify that the foregoing Resolution, being Resolution No.
was duly passed, approved and adopted by the City Council of
the City of Vernon at a regular meeting of the City Council duly held
on Tuesday, August 6, 2019, and thereafter was duly signed by the Mayor
or Mayor Pro-Tem of the City of Vernon.
Executed this day of August, 2019, at Vernon, California.
(SEAL)
- 4 -
Deborah Harrington,
Interim City Clerk
AGENDA APPROVED ITEM
08/06/19, SD
EXHIBIT A
AGENDA APPROVED ITEM
08/06/19, SD
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
AND
VERNON POLICE MANAGEMENT ASSOCIATION
July 1, 201-2019 through June 30, 244-92022
AGENDA APPROVED ITEM
08/06/19, SD
TABLE OF CONTENTS
MEMORANDUM OF UNDERSTANDING
Parties to the Memorandum of Understanding......................................................4
ARTICLE ONE: FUNDAMENTALS
Section 1: Recognition.......................................................................... 5
Section 2: No Discrimination.................................................................. 5
Section 3: Mutual Cooperation................................................................. 5
Section 4: No Strikes or Lockouts............................................................. 5
Section 5: CityNPMA Meetings............................................................ 5
Section 6: Association Business............................................................... 5
ARTICLE TWO: LEGAL LIMITATIONS, SAVINGS CLAUSE& TERM
Section 1: Legal Limitations and Savings Clause ........................................... 6
1
AGENDA APPROVED ITEM
08/06/19, SD
Section2:
Term..................................................................................
6
Section 3:
Maintenance of Existing Conditions...............................................6
Section 4:
Modification and Waiver............................................................7
Section 5:
Severability............................................................................7
ARTICLE THREE: SALARIES
Section1:
Lieutenants.............................................................................
8
Section 2:
Captains................................................................................8
Section3:
Merit Steps.............................................................................8
Section 4:
Salary Adjustment Increase.........................................................
9
Section5:
Bilingual Pay......................................................................... 9
Section 6:
"P.O.S.T." Certificate Incentive ....................................................
10
Section7:
Shooting Pay.........................................................................
10
ARTICLE FOUR: LONGEVITY
Section 1:
Employees Hired Before July 1, 1995...........................................
12
Section 2:
Employees Hired On or After July 1, 1995.....................................
12
ARTICLE FIVE: OVERTIME
Section 1:
Overtime Authorization............................................................
13
Section 2:
FLSA Overtime.....................................................................
13
Section 3:
Compensatory Time.................................................................13
Section 4:
Leave Time Inclusion..............................................................
13
Section 5:
Training and Recertification......................................................
14
Section 6:
Court Attendance and "Stand By" Time ........................................
14
Section7:
Call Backs...........................................................................
15
Section 8:
Jury Duty............................................................................
15
Section 9:
Non-Compensable..................................................................
16
ARTICLE SIX: UNIFORMS, ALLOWANCE AND SAFETY EQUIPMENT
Section l: Uniform Allowance................................................................. 17
Section 2: Summer Uniforms...................................................................17
2
AGENDA APPROVED ITEM
08/06/19, SD
Section 3: Safety Equipment....................................................................17
ARTICLE SEVEN: BENEFITS
Section 1: Public Employees Retirement System............................................18
Section 2: Supplemental PERS Benefits...................................................... 18
Section 3: Medical, Dental, Vision and Life Insurance ..................................... 18
Section 4: Retirees Medical..................................................................... 20
Section 5: Vacation Time....................................................................... 21
Section 6: "In Lieu" Holiday Time............................................................ 21
Section 7: Sick Leave............................................................................22
Section 8: Bereavement Leave................................................................. 22
Section 9: Administrative Leave.. 23
Section 910: Deferred Comp.......................................................................23
Section 1 1-1-0: Other City Employee Programs ................................................... 23
ARTICLE EIGHT: WORK SCHEDULE AND ABSENCES
Section 1: Provisions............................................................................ 24
Section 2: Work Schedule 3/12 Plan.......................................................... 24
Section 3: Shift and 7 Code Policy............................................................ 24
Section 4: Shift Trades.......................................................................... 24
ARTICLE NINE: GRIEVANCE PROCEDURE
Grievance Procedure Steps.......................................................................... 26
ARTICLE TEN: DISCIPLINE PROCEDURE
Discipline Procedure Steps.......................................................................... 29
ARTICLE ELEVEN: MANAGEMENT RIGHTS
Section 1: Exclusive Rights & Authority..................................................... 31
Section 2: Grievance on Impacts................................................................32
SIGNATURE PAGE
3
AGENDA APPROVED ITEM
08/06/19, SD
Signatures.............................................................................................. 33
08/06/19, SD
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
I1e111
VERNON POLICE 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 Police Management Association (hereinafter "VPMA") and except
as otherwise specifically provided herein shall apply only to those defined in the aforesaid
Resolution as Police Lieutenants and Police Captains.
This MOU constitutes a joint agreement by the Municipal Employee Relations Representative
("MERR") and the VPMA, 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 VPMA 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, 20196, and shall expire
at midnight on June 30, 2 1-92022.
IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN STATED, the VPMA
and the City of Vernon agree as follows:
AGENDA APPROVED ITEM
08/06/19, SD
ARTICLE ONE
FUNDAMENTALS
Section 1: Recognition
The City of Vernon recognizes the Vernon Police Management Association ("VPMA") as the
certified majority representative of management, comprised of Police Lieutenants and Police
Captains, as the exclusive representative of the employees for purposes of collective bargaining
for all terms and conditions within this Memorandum of Understanding.
Section 2: No Discrimination
The provisions of this Memorandum of Understanding shall be applied equally to all employees
covered hereby. Neither the City nor the VPMA 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 VPMA.
Section 3: Mutual Cooperation
The parties recognize the necessity of cooperating on matters of mutual concern and interest and
agree to work together to maximize the effectiveness of the Police Department and the City and to
accomplish legislative and funding goals in their mutual interest.
Section 4: No Strikes or Lockouts
During the life of this agreement no work stoppages, strikes, slowdowns, or picketing shall be
caused or sanctioned by the VPMA, and no lockouts shall be made by the City.
Section 5: City/VPMA Meetings
Representatives from the VPMA and the City shall meet as needed to discuss issues of mutual
concern.
Section 6: Association Business
The City shall grant release time of 20-100 hours per fiscal year for the Association President or
designee. In no case will Association Leave Time be used for political action purposes or if it
will cause overtime unless it is authorized in writing by the Police Chief or his designee.
0
AGENDA APPROVED ITEM
08/06/19, SD
ARTICLE TWO
LEGAL LIMITATIONS, SAVINGS CLAUSE, AND TERM
Section 1: Legal Limitations and Savings Clause
It is understood and agreed that this Memorandum of Understanding (including, but not limited to,
the provisions of the Fair Labor Standards Act) and any and all Resolutions or Ordinances adopted
in implementation thereof are and shall be subject to all present and future applicable federal and
state laws and regulations and shall be effective and implemented only to the extent permitted by
such laws and regulations.
If any part of this Memorandum of Understanding or of any Resolution or Ordinance adopted in
implementation thereof is in conflict or inconsistent with any such applicable provisions of federal
and state laws or regulations or otherwise held to be invalid or unenforceable by any tribunal of
competent jurisdiction, such part or provision shall be suspended and superseded, and such
applicable laws and regulations and the remainder of this Memorandum of Understanding shall
not be affected thereby and shall remain in full force and effect.
Section 2: Term
(a) Except as otherwise provided herein, this Memorandum of Understanding shall be in full
force and effect from July 1, 20196, and shall remain in full force and effect up to and
including midnight, the 30th day of June 2Q4-92022, or until the next Memorandum of
Understanding becomes effective.
(b) This Memorandum of Understanding shall be binding on the City and the Association
when approved and adopted by the City Council.
Except as otherwise provided in Article III, Section 1, herein, the City and the Association
agree to submit proposals for any changes related to wages, benefits and/or other terms of and
conditions of employment affecting this Memorandum of Understanding between February 1,
204-9-2022 and March 1, 204-92022.
Section 3: Maintenance of Existing Conditions
Any employment policy, practices and/or benefits, including the alternative workweek schedule
and overtime compensation are incorporated into this Memorandum of Understanding,
unless otherwise stated herein. In the event of a conflict between the Memorandum of
Understanding and an existing policy and/or practice, this Memorandum of
Understanding shall govern.
7
AGENDA APPROVED ITEM
08/06/19, SD
Section 4: Modification and Waiver
The City reserves the right to add to, delete from, amend or modify the Administrative rules, the
City Municipal Code, and the City's Personnel Policies and Procedures Manual during the term
of the Memorandum of Understanding, subject to the requirements of the Meyers-Milias-Brown
Act and the Police Officers Bill of Rights.
Section 5: Severability
In the event that a court finds any provision(s) of this Memorandum of Understanding to be invalid
or unenforceable, the parties intend that the remaining provisions remain in effect. The parties
further agree to meet and confer for purposes of negotiating an alternative to any provision
declared invalid or unenforceable.
8
AGENDA APPROVED ITEM
08/06/19, SD
ARTICLE THREE
SALARIES
(a) Effective the first full pay period in July 2019, employees represented in the Vernon Police
Management Association shall receive a one percent 0 %) cost of living increase.
(b) Effective the first full pay period in July 2020, employeesrepresented in the Vernon Police
Management Association shall receive a one percent 0 %) cost of living increase.
(c) Effective the first full pay period in July 2021, employees represented in the Vernon Police
Management Association shall receive a one percent 0 %) cost of living increase.
Section 1: Lieutenant
Police Lieutenant with 1% COLA
Salar Ran e PM 37
Step
Effective
7/7/2019
Effective
7/5/2020
Effective
7/4/2021
1
$ 11,435
$ 11,549
$ 11,665
2
$ 12,007
$ 12,127
$ 12,248
3
12 607
$ 12,733
$ 12,860
4
$ 13,237
$ 13,370
$ 13,503
5
13 899
$ 14,038
$ 14,178
Lieutenant with 2% COLAS
Salary Range PM37
Step
Effective
7/10/16
Effective
7/9/17
Effective
7/8/18
1
$10, 882.38
$11,100.03
$ 11, 322.03
2
$11, 427.06
$11, 655.60
$ 11, 888.71
3
$11, 997.24
$12, 237.18
$ 12, 481.93
4
$12, 598.02
$12, 849.98
$ 13,106.98
5
$13,227.36
$13,491.91
13 761.75
Section 2: Captain
AGENDA APPROVED ITEM
08/06/19, SD
Police Captain with 1 % COLA
Salar Range PM 40
Step
Effective
7/7/2019
Effective
7/5/2020
Effective
7/4/2021
1
$ 13,237
$ 13,370
$ 13,503
2
$ 13,899
$ 14,038
$ 14,178
3
14 594
$ 14,740
$ 14,887
4
$ 15,324
$ 15,477
$ 15,632
5
$ 16,090
$ 16,251
$ 16,413
Captain with 2% COLAS
Salary Range PM40
Step
Effective
7/10/16
Effective
7/9/17
Effective
7/8/18
1
$12, 598.02
$12, 849.98
$ 13,106.98
2
$13, 227.36
$13, 491.91
$ 13, 761.75
3
$13, 888.32
$14,166.09
$ 14, 449.41
4
$14, 582.94
$14, 874.60
$ 15,172.09
5
S15.313.26
I S15,619.53
1 5 15 931.92
Section 3: Merit Steps
OptiEMS ifl Y"FitiRt(t, -And immediately upon the Agreement going into effeet.:
NEWN
-1--Effective the first full pay period in July Hof each year during the term of this
agreement, employees who are not at the top step of their Classification Compensation
Plan, and have attained one year of an overall "above average" or higher performance
10
-1--Effective the first full pay period in July Hof each year during the term of this
agreement, employees who are not at the top step of their Classification Compensation
Plan, and have attained one year of an overall "above average" or higher performance
10
AGENDA APPROVED ITEM
08/06/19, SD
evaluation rating, as of their immediately preceding classification anniversary date,
shall, in accordance with the City's Performance Evaluation Policy, receive twe-a merit
stMsalary advances. Effeetive the fiFst full pay pefied in july 2017, the City agFees te
or- higher- per-fi3fmanee evaluation Employees shall continue to receive their
annual evaluations as scheduled in the City's Performance Evaluation Policy„ but will
t be eligible f^« ., .,.r.rWi,.,.,1 M. .;t of?a« the a .,,.tuRity ; ruly 2017
through the end of the teim of the MOU, and in ne ease shall be plaeed above the salary
ir-feveeably forfeit an), and all fe of longevity .. y/;........
Future merit increases to any said step shall remain at the sole discretion of the City
Council.
Section 4: Salary Adjustment Increase
A. Effeetive the first full pay per-iod in Aily 2016, the base Salff�' sehedale will be ifieFe
lMMKWA i!lMW!lTJ!�7tt"R71.�!T�lti�llEili!
In the event there is a salary inequity between ranks or between employees within the Department,
the Chief of Police with the approval of the City Administrator may incorporate a service
adjustment increase up to ten percent (10%) per month of their base salary.
Section 5: Bilingual Pay
A VPMA employee may be compensated for bilingual skills after the employee demonstrates
proficiency in speaking a foreign language (the ability to read and write in a foreign language may
also be tested, if necessary), which proficiency would be determined by successful completion of
a foreign language proficiency test designated by the Human Resources Department. Those
employees who successfully demonstrate this skill are eligible to receive an additional One
Hundred Twenty -Five Dollars ($125.00) per month for bilingual pay and shall not be considered
to be part of the employee's base monthly salary when computing Peace Officers Standards and
Training (P.O.S.T.) certificate incentives; however, it shall be considered as part of the base
monthly salary for purposes of computing the last highest annual salary.
Section 6: Peace Officers Standards and Training ("P.O.S.T.") Certificate Incentive
VPMA employees shall be entitled to P.O.S.T. certificate pay as follows:
11
AGENDA APPROVED ITEM
08/06/19, SD
Effective the first full pay period in July of 2019 the POST Certificate pay shall be as follows:
Intermediate: 4% of the employee's basic monthly, excluding all other compensation
Advanced: 8% of the employee's basic monthly salary, excluding all other compensation
Effective the first full pay period in July of 2020 the POST Certificate pay shall be as follows:
Intermediate: 5% of the employee's basic monthly salary, excluding all other compensation
Advanced: 10% of the employee's basic monthly salary, excluding all other compensation
Effective the first full pay period in July of 2021 the POST Certificate pay shall be as follows:
Intermediate: 6% of the employee's basic monthly salary, excluding all other compensation
Advanced: 12% of the employee's basic monthly sy, alary, excluding all other compensation
• —hTee-pereetlt{3,%) Of the-exnple eo S_evS;;,. Hthl.' S jaf. ' eluding all the
• per-eento
Payment of the above -referenced incentive compensation shall not be cumulative; only the highest
applicable incentive pay level shall apply.
• Effective June 1, 2014 VPMA employees shall be entitled to a 7.5% of the employee's
base monthly salary, excluding all other compensation, for a P.O.S.T. Management
Certificate.
Incentive pay shall be payable the month following the month during which the certificate is
granted.
P.O.S.T. certificate pay shall be considered as part of the base monthly salary for purposes of
computing the last highest annual salary.
Should employees represented by the Vernon Police Officers Benefit Association (VPOBA)
receive across -the board enhancements to the existing P.O.S.T. Certificate Pay, a like increase will
be provided to employees represented by the Police Officers Management Association.
Section 7: Shooting Pay
It is recognized by the City of Vernon and the VPMA that a peace officer must qualify in the firing
range on a monthly basis in order to continue to be employed and to receive Shooting Pay. Such
qualifications shall occur on duty. Employees who shoot at the range other than the required
qualifications dates will be considered to be on personal time. Such time is not counted as working
12
AGENDA APPROVED ITEM
08/06/19, SD
time and is not compensable.
Officers who achieve the following qualifications shall receive compensation as follows:
Marksman
$
3.00
Per Month
Sharpshooter
$
5.00
Per Month
Expert
$
7.50
Per Month
Distinguished Expert
$
10.00
Per Month
Shooting Pay shall be considered as part of the base monthly salary for purposes of computing
the last highest annual salary.
ARTICLE FOUR
LONGEVITY
Section 1: Employees Hired Before July 1, 1995
Effective August 31, 1986, the City established a four -step Longevity program for all employees.
Said Longevity program is as follows:
• All eligible employees who have five years of service on or before August 31, 1986, shall
receive an additional five percent (5%) per month of their base salary effective August 31,
1986, and every year thereafter until reaching the next Longevity level. Employees upon
reaching their 5th anniversary date after August 31, 1986, shall be entitled to said five
percent (5%) per month upon said anniversary date.
All eligible employees who have ten (10) years of service on or before July 1, 1987, shall
receive an additional ten percent (10%) per month of their base salary effective July 1,
1987, and every year thereafter until reaching the next Longevity level. Employees upon
reaching their 1 Oth anniversary date after July 1, 1987, shall be entitled to said ten percent
(10%) per month upon said anniversary date. Said ten percent (10%) is in place of the five
percent (50/6) referenced in paragraph 1 above and not cumulative therewith.
13
AGENDA APPROVED ITEM
08/06/19, SD
All eligible employees who have fifteen (15) years of service on or before July 1, 1988,
shall receive an additional fifteen percent (15%) per month of their base salary effective
July 1, 1988, and every year thereafter until reaching the next Longevity level. Employees
upon reaching their 15th anniversary date after July 1, 1988, shall be entitled to said fifteen
percent (15%) per month upon said date. Said fifteen percent (15%) is in place of each of
the amounts referenced in paragraphs 1 and 2 above and not cumulative therewith.
• All eligible employees who have twenty (20) years of service on or before July 1, 1989,
shall receive an additional twenty percent (20%) per month of their base salary effective
July 1, 1989, and every year thereafter. Employees upon reaching their 20th anniversary
date after July 1, 1989 shall be entitled to said twenty percent (20%) per month upon said
anniversary date. Said twenty percent (20%) is in place of each of the amounts referenced
in paragraphs 1, 2 and 3 above and not cumulative therewith.
Section 2: Employees Hired on or after July 1, 1995 and on or before December 31, 2013
All employees in the VPMA who are hired on or after July 1, 1995, who attain five (5) years of
consecutive uninterrupted employment shall receive an additional five percent (5%) per month of
their base salary. Such employees shall be entitled to receive such five percent (5%) increase upon
reaching their 5th anniversary date. Such employees will not be entitled to receive any additional
Longevity percentage increase to their base salary for further service.
ARTICLE FIVE
OVERTIME
Section 1: Overtime Authorization
All overtime requests must have prior written authorization of the Chief of Police prior to the
commencement of such overtime work. Where prior written authorization is not feasible, explicit
verbal authorization must be obtained. Where verbal authorization is obtained, written
authorization must be obtained as soon thereafter as practicable.
Section 2: F.L.S.A. Overtime
Employees in the classification of Police Captain are exempt from overtime in accordance with
the Fair Labor Standards Act (FLSA) executive exemption. Police Lieutenants required to perform
in excess of the standard work period of 160 hours in a 28-day cycle shall receive compensation
at the rate of time and one-half their regular rate of pay or time and one-half "compensatory time"
for each hour worked. The regular rate of pay shall include the following components in addition
to base salary:
P.O.S.T. Certificate Pay
Special Assignment Pay
14
AGENDA APPROVED ITEM
08/06/19, SD
Section 3: Comnensatory Time
Police Lieutenants may not earn more than forty (40) hours of compensatory time during any
FLSA 28-day cycle. At such time as an employee earns forty (40) hours of compensatory time
within a given 28-day work cycle, any additional overtime in that cycle shall be paid to the
employee at time and one-half of his/her regular rate of pay.
VPMA employees may not accumulate more than 240 hours of compensatory time. An employee
must be paid at the rate of time -and one-half for any overtime worked beyond the 240-hour
compensatory time "cap."
Section 4: Leave Inclusions
In determining an employee's eligibility for overtime compensation in a work period, paid leaves
of absence will be included in the total number of hours worked. Paid leaves of absence include,
but are not limited to, the following:
1. Vacation
2. Holiday Leave
3. Administrative Leave
4. Compensatory Leave
5. Workers' Compensation Leave (4850 time)
6. Jury Duty
7. Bereavement Leave
8. Military Leave
Section 5: Training and Recertification Time
Training time that is required is compensable
Recertification time that is directly related to an employee's job will be compensable if completed
during assigned work hours.
Section 6: Court Attendance and "Stand By" Time
Court Appearances
VPMA employees shall be compensated for court appearances in the line of duty outside regular
scheduled duty hours as follows:
15
AGENDA APPROVED ITEM
08/06/19, SD
A. Court appearances which extend beyond an employee's normal shift assignment shall be
compensated as paid overtime. For purposes of calculating F.L.S.A. overtime pursuant to
this section of this MOU, only the actual time spent in court or traveling in a City vehicle
to and from the Station shall be credited as hours worked. Travel time to and from one's
private residence shall not be considered hours worked and shall not be compensated in
any manner whatsoever.
B. Notwithstanding the provisions of "A" above, VPMA employees required to attend court
sessions outside their regular schedule duty work shift shall be compensated a minimum
guarantee of four (4) hours at time and one-half (1.5).
C. If an employee is required to stay
compensated at time and one-half (1
their court duty assignment that day.
Stand By Time
beyond four hours in court, the employee shall be
.5) at their regular hourly rate for all hours spent in
If an employee receives a subpoena to be placed on standby, the effected employee shall be
compensated for Stand By status as follows:
A. An employee who is placed on Stand By status for a half court day, which shall consist
of either a morning session or afternoon session of court, shall be paid Sixty Dollars
($60.00).
B. An employee who is placed on Stand By status for a full court day, which shall consist
of the morning session and the afternoon session of court, on the same day, shall be
paid One Hundred Nineteen Dollars ($119.00). However, if said employee is required
to appear in court, he/she shall receive court appearance compensation rather than
Stand By compensation for his/her time in court.
C. The parties agree that Stand By pay shall not count toward hours worked and that the
provision complies with the F.L.S.A.
D. Alternatively, an employee (at the employee's option and with the permission of the
Chief of Police or his designee) on court Stand By may report to the police station, in
uniform, for assignment while awaiting court. Under these circumstances, an employee
shall be compensated on an hour -for -hour basis (if on overtime, at time and a half) for
time actually worked while on Stand By.
E. No additional payment other than that set forth in Section 6 of the MOU shall be made
for Court Pay.
Should employees represented by the Vernon Police Officers Benefit Association (VPOBA)
amend their MOU contract language regarding Court -Time Pay and Stand-by Pay, the City and
the VPMA agree to amend the VPMA MOU to incorporate such changes.
16
AGENDA APPROVED ITEM
08/06/19, SD
Section 7: Call Backs
Call Back duty occurs when an employee is ordered to report to duty on a non -regularly scheduled
work shift. Call Back does not occur when an employee is held over from his/her prior shift or is
working prior to his/her regularly scheduled shift. This provision is also to be distinguished from
Court pay, which is to be used when an employee is called to court.
An employee called back to duty shall be credited with a minimum of four hours' work. Any
hours worked in excess of four hours shall be credited on an hour -for -hour basis (at time and one-
half compensation) for actual time worked.
If the employee is ordered to return to work immediately, his work time shall be credited
commencing immediately after the employee has been directly contacted by the employer.
Section 8: Jury Duty
Policy
A. Employees shall be granted up to two weeks (equivalent to eight (8) work days
based on City Hall schedule Monday through Thursday) paid leave of absence in
order to perform jury duty, provided that the employee provides notification to the
City for such jury duty and provides proper verification of hours spent on jury duty.
VPMA employees will be required to return to work, if regularly scheduled to work,
as soon as they are released from their jury duty.
B. In accordance with Section 215(b) of the Code of Civil Procedure, a juror who is
employed by a local government entity who receives regular compensation and
benefits while performing jury service, may not be paid Jury Duty Pay. An
employee must return all Jury Duty Pay to the Court if paid by the Court.
Employees shall notify their Supervisor on the day they are released from jury duty.
C. VPMA employees shall retain any Jury Duty Mileage Pay.
Section 9: Non-Compensable
A. City Vehicle Use—VPMA employees who are provided with a City vehicle to travel to
and from work shall not be compensated in any manner whatsoever for travel time to
and from work. This provision also applies in those situations where the radio must be
left on and monitored unless answering a call for service.
B. Clothes/Uniform Changing Time —Time spent in changing clothes before or after
shift, or during lunch, is not considered hours worked and is not compensable in any
manner whatsoever.
17
AGENDA APPROVED ITEM
08/06/19, SD
ARTICLE SIX
UNIFORMS, ALLOWANCE AND SAFETY EQUIPMENT
Section 1: Uniform Allowance
The City will pay each VPMA employee who is on the active payroll of the Vernon Police
Department the sum of One Thousand Dollars ($1,000) per fiscal year for the purchase of uniforms
and related equipment. Such payment shall occur within the month of August of each year.
Uniform allowance is special compensation that shall be deemed earned when paid and shall be
reported to Ca1PERS as compensation earnable.
Section 2: Summer Uniforms
VPMA employees who are assigned to patrol will be allowed to utilize summer uniforms (blue
shirt/blue shorts) on any day at the discretion of the Chief of Police. The Chief of Police shall
establish authorization or notification procedures, as well as summer uniform requirements.
Section 3: Safety Equipment
The City shall, every three (3) years, pay one half of the cost of the member's individual body
armor if the member presents to the City a receipt for body armor that meets Departmental
specifications. If the City provides individual body armor to an employee, and the employee
accepts such body armor, then the three (3) year time period shall begin upon acceptance of the
body armor by the employee.
VPMA employees who carry a private weapon which has been expressly approved by the Vernon
Police Department and suffer the loss or damage of such weapon in the line of duty shall be
compensated by the City of Vernon up to the amount of replacement cost of the official issue
weapon of the Vernon Police Department unless such loss or damage was caused by the
employee's negligence.
18
AGENDA APPROVED ITEM
08/06/19, SD
ARTICLE SEVEN
BENEFITS
Section 1: Public Employee Retirement System ("PERS")
The City shall maintain its contract with the California Employees Public Retirement System
(PERS) that provides VPMA employees with three percent (3%) at 50 PERS retirement benefit
plan.
As a result of the passage of AB 340 Public Employee Pension Reform (PEPRA), new CalPERS
members hired on or after January 1, 2013 who meet the definition of new member under PEPRA,
shall be provided a 2.7% at 57 PERS retirement benefit plan.
VPMA employees shall be responsible for paying their PERS nine percent (9%) employee's
contributions.
Effective the first full pay period in July 2019, in accordance with Government Code Section
20516(f) pursuant to a cost -sharing arrangement, all employees designated as "classic" employees
and enrolled in the "classic" retirement benefit formula shall share the cost of the employer
CalPERS contribution by paying an additional 1% of CalPERS reportable compensation for a total
contribution of ten aercent (10%).
Effective the first full pay period in July 2020, in accordance with Government Code Section
20516(f) pursuant to a cost-sharingarrangement, rrangement, all employees designated as "classic" employ
and enrolled in the "classic" retirement benefit formula shall share the cost of the employer
CaIPERS contribution by paying an additional I % of CalPERS reportable compensation for a total
contribution of eleven percent (11 %).
Effective the first full pay period in July 2021, in accordance with Government Code Section
20516(f) pursuant to a cost -sharing arrangement, all employees designated as "classic" employees
and enrolled in the "classic" retirement benefit formula shall share the cost of the employer
CalPERS contribution by paying an additional 1 % of CalPERS reportable compensation for a total
contribution of twelve percent (12%).
The City makes no representation as to whether any of the compensation or payments in this
Agreement are subject to CalPERS service credit or pensionable income. Employees/Union
expressly acknowledge that any determination by CalPERS to not fully credit the compensation
and/or service time provided under this Agreement is not a proper basis on which to void the
Agreement. Employees/Union further acknowledge that they will not pursue any claim or action
against the City related to any determination made by CalPERS in connection with this Agreement.
Section 2: Supplemental PERS Retirement Benefits
19
AGENDA APPROVED ITEM
08/06/19, SD
The City agrees to provide additional supplemental retirement benefits to VPMA employees under
PERS as follows:
• Gov't Code Section: 20042 — One Year Final Compensation:
New employees hired on or after January 1, 2013 who meet the definition of new member
under PEPRA shall receive 3 Year Final Compensation.
• Gov't Code Section: 21024 - Military Service Credit as Public Service:
• Gov't Code Section: 21571 — Basic Level of 1959 Survivor Benefits:
• Gov't Code Section: 21624 & 21626 & 21628 - Post Retirement Survivor Allowance:
Section 3: Medical, Dental, Vision and Life Insurance
The City shall contribute for each full-time employee up to the maximum amounts as set forth
below per pay period, toward the cost of his/her medical, dental, and vision plans as outlined in
Subsection A through D below. If employees opt out of dental and/or vision, they may use the
allotments for those respective coverages toward excess medical premiums as approved by the
Director of Human Resources.
A. For employees who elect Employee + Family coverage, the City shall 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.
B. For employees who elect Employee -Only, Employee + Spouse and Employee +
Children tiers, the City shall 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. This amount will remain fixed unless 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
'Fill
AGENDA APPROVED ITEM
08/06/19, SD
costs through a pre-tax payroll deduction.
C. For 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 change health,
dental, and/or vision plans during any open enrollment period or upon a qualifying
event as prescribed by the City's insurance provider.
Dental: The City of Vernon provides a dental insurance plan to employees. Employees may
purchase dental insurance through the City by pre-tax payroll deduction. In the event any VPMA
employee does not exceed his/her monthly benefit allowance, the employee shall be allowed to
use any excess monthly allowances towards additional provided coverage for dental and vision.
Vision: The City of Vernon provides a vision care reimbursement plan to employees. The City
shall pay 100% of the cost of such a plan as designated by their election of medical coverage.
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. The City agrees that all itemized benefit
amounts specified in the City of Vernon Vision Plan (CVVP) that fall below $150 shall be raised
to $150.
Life Insurance: The City provides a $20,000 life insurance premium 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.
Should employees represented by the Vernon Police Officers Benefit Association (VPOBA)
amend their MOU contract language regarding medical, dental, vision or life insurance benefits,
the City and the VPMA agree to amend the VPMA MOU to incorporate such changes.
Section 4: 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.
For employees hired by the City before July 1, 2019 the following retiree medical benefits apply:
21
AGENDA APPROVED ITEM
08/06/19, SD
Employees in the Vernon Police Management Association must have been employed as sworn
Peace Officers for a minimum of twenty (20) years and a minimum of 10 years of that service has
been in the employment of the City of Vernon to be eligible for Retiree's Medical benefit. The
City shall pay up to $1,100 per month towards the employee's option of the City's medical and
dental insurance programs for the employee and his/her eligible spouse, or the equivalent to the
then -current lowest cost City -offered Employee+Spouse medical HMO and/or dental HMO
insurance premium, whichever is greater. Alternatively, 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 $1,100 per month as permitted by the
Public Employee Pension Reform Act (PEPRA) or the amount equivalent to the then -current
lowest cost City -offered Employee+Spouse medical -HMO and/or dental HMO insurance
premium, whichever is greater. 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.
The City's contribution toward the Retiree Medical/Dental Benefit Plan shall continue for said
retired employee and eligible spouse up to the age of sixty-five (65). Upon reaching the age of
sixty-five (65), the retiree and/or eligible spouse shall apply for Medicare Part A and Part B
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.
For employees hired by the City on or after July 1 2019, the following retiree medical benefits
apply:
The Citysshallpay up to the amount equivalent to the then current, lowest cost, employee
only HMO insurance premium for the City's medical and/or dental insurance premium(s) for
ox
AGENDA APPROVED ITEM
08/06/19, SD
all full-time regular employees in the classifications represented by the Vernon Police
Management Association who have been employed as sworn Peace Officers for a minimum of
twenty (20) years and a minimum of ten (10) years of that service has been in the employment of
the City of Vernon. The City contribution shall be applied only toward a city provided medical
and dental premium plan payment and shall have no cash surrender value.
The City's contribution toward the Retiree Medical/Dental Benefit Plan shall continue for said
retired employee up to the age of sixty-five (65). Upon reaching the age of sixty-five (65), the
retiree shall apply for Medicare Part A and Part B coverage, whereupon the City's insurance shall
become supplemental coverage. The Cityshall hall pay up to the cost of any Medicare supplemental
medical and dental insurance plan offered by the City of Vernon. The City will not be the primary
insurance carrier once the retiree reaches the age of sixty-five 65).
If the retiree fails to timely obtain and maintain Medicare coverage, the City shall not be required
to provide anv medical/dental benefits until such Medicare coverage is obtained and maintained.
All retired employees with a minimum of ten (10) years of continuous uninterrupted service with
the City may pay the City's premium cost for medical and dental insurance for employee only, up
to the age of sixty-five (65) after which time Medicare will become the primary insurance carrier.
The retired employeey 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 emplo eey_s may opt not to enroll in the City's medical and/or dental insurance
coverage and instead receive a monthly reimbursement payment up to the amount provided
above depending on the employee's date of hire as permitted by the Public Employee Pension
23
AGENDA APPROVED ITEM
08/06/19, SD
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.
Section 5: Vacations
A. Accrual
• Vacation accrual after the first year of service: 120 hours per year
• Vacation accrual after ten (10) years of service: 160 hours per year
• Vacation accrual after completion of twenty-five (25) years of service: 170
hours per year
B. Policy
VPMA employees may take all or part of their vacation in increments of one-fourth
(1/4) hour or more, as determined by the Chief at his discretion with due regard for
the wishes of the employee and the needs of the Department.
Any request will be honored only if, in the opinion of the Chief or his designee, the
manpower or service level on the day or days and at the times requested is adequate
to permit granting such a request.
Vacation time provided for herein shall be accumulated from calendar year to
calendar year, and shall be compensated for if not utilized during said period.
Section 6: "In Lieu" Holidays
VPMA employees shall receive one hundred and ten (I 10) "in lieu" holiday hours per calendar
year). "In lieu" holidays will be credited to each employee on each July 1 in which he/she is on
the active payroll, including those on "Light Duty", of the Department in a classification
represented by the VPMA and must be taken prior to the immediately following July 1.
"In lieu" holidays may be taken in increments of one-fourth (1/4) hour or more, on dates desired
by the employee subject to the needs of the Vernon Police Department.
"In lieu" holidays, if not taken, shall not be paid for except if the employee was denied an
opportunity to take them off during the calendar year for which such "in lieu" holidays were
granted. In that case only, the employee shall be paid for said "in lieu" holidays not taken with
his/her first possible payroll check on or after July 1 of the calendar year following the year for
which the "in lieu" holidays were credited, at his/her then basic rate, excluding all other
compensation, computed in accordance with the applicable Salary Resolution of Vernon. An
employee who quits or is terminated shall not be entitled to any compensation for "in lieu" holidays
not taken.
If the City Council, during the fiscal year, provides one or more additional holidays to the
miscellaneous employees in addition to those holidays provided for in Resolution No. 8764,
VPMA employees shall receive the same number of any additional holidays. Any additional "in
lieu" holiday time received by VPMA employees will be for a maximum of ten (10) hours per day
24
08/06/19, SD
received.
Section 7: Sick Leave
Full-time VPMA employees only receive sick leave accrual while they are in a paid status.
Employees shall accrue sick time at a rate of 3.08 hours per pay period (80 hour annually), with a
maximum cap of 960 hours. Upon reaching the cap, full-time employees will continue to accrue
sick leave provided; however, in the final pay period in Deeember- February of each year all
accrued sick leave in excess of 960 hours shall be cashed in at fifty percent (50%) of the
employee's regular rate of pay. Part-time and temporary VPMA 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.
If a VPMA employee separates or terminates employment with the City, they shall be compensated
for any accrued sick leave hours at the time of separation not to exceed 960 hours. Employees that
separate from service with more than 20 years of service credit shall be compensated at 100% of
their current pay rate applied to the first 480 sick leave hours and 50% for their remaining hours
up to the cap of 960 hours. Employees with less than 20 years of service shall be compensated at
50% of their then current pay rate up to the cap of 960 hours. Employees shall have the option of
obtaining service credit for the accrued, unused sick leave hours instead of a cash payment pursuant
to California Government Code Section 20965.
VPMA employees are expected to contact their supervisor or Department head as soon as possible
to report a sick leave time off notification and provide appropriate information on the nature of the
illness or injury and the expected duration of the time off. Employees unable to report for duty
due to an illness should be required to call in and notify the on -duty supervisor a minimum of 2
hours before they are due to start their shift.
A VPMA employee who is absent on sick leave for more than two (2) consecutive shifts shall be
required by his or her supervisor to provide a doctor's note in order to be paid for the sick leave.
Section 8•
Bereavement Leave
When an employee is compelled to be absent from duty by reason of death or critical illness (where
death appears imminent) of a member of the employee's immediate family (father, mother,
brother, sister, spouse, children, mother-in-law, father-in-law, step -parent -in-law, grandmother,
grandfather, grandchildren, grandmother -in-law, grandfather -in-law, step -children, step-parents,
step -sister, step -brother, step -grandchild, daughter-in-law, son-in-law, brother-in-law, sister-in-
law, or registered domestic partners), such person will be permitted, subject to the Chief of Police's
approval, to a leave of absence with pay for up to four 4
work days based upon the employee's regular 4/10 work schedule, which may, but need not be,
consecutive. An employee shall not be granted paid Bereavement Leave for more than 2-4 days
in any six-month period for the same family member.
Employees will be allowed to utilize their vacation time, any compensatory time, or any "in lieu"
holiday time that is due to the employee, in order to lengthen such bereavement time.
25
AGENDA APPROVED ITEM
08/06/19, SD
The employee shall furnish satisfactory evidence of such death or critical illness to the Chief of
Police, if requested.
Section 9: Administrative Leave
Employee(s) occupying the classification of Police Captain, which is designated as "Exempt" for
overtime purposes in accordance with the Fair Labor Standards Act (FLSA) executive exemption,
shall receive sixty (60) hours of Administrative Leave as provided in the Citywide Fringe Benefits
and Salary Resolution.
Section 910: Deferred Compensation
VPMA employees are eligible to participate in the City's Deferred Compensation Program.
Section 110: Other City Employee Programs
VPMA employees are eligible to participate in all City sponsored programs passed by City Council
Resolutions that are intended to benefit all employees in the areas of, but are not limited to, the
following:
• Buyback of military leave for PERS retirement time
• Computer loan purchase plan
• Supplemental Life insurance
• Corrective eye surgery plan
• Hearing aid device plan
• Tuition reimbursement plan
• Family Medical Leave Act (FMLA)
►In
AGENDA APPROVED ITEM
08/06/19, SD
ARTICLE EIGHT
WORK SCHEDULE AND ABSENCES
Section 1: Provisions
The Vernon Chief of Police at his sole discretion shall establish the work schedule.
Section 2: Work Schedule 3/12 Plan
Law Enforcement agencies are allowed to establish a work period of any length between seven
(7) and twenty-eight (28) consecutive days. At the City, employees must work one hundred
sixty (160) hours per twenty-eight (28) day cycle. In order to be compliant, VPMA employees
assigned to patrol will work three (3), twelve and one half hour (12'/z) days per week with a ten
(10) hours payback per month, without incurring any overtime.
In the event the City needs to adjust any work schedule, the City agrees that no such
modification will be conducted without first notifying the effected employee a minimum of 10
days prior to the change, unless agreed to by the effected employee(s) and the Chief of Police or
his designee.
The City agrees to continue the 3/12 Plan for VPMA employees assigned to patrol, with the
exception of specific assignments. The VPMA agrees that the City may, at its sole discretion and
at any time, terminate the 3/12 Plan. The VPMA agrees that the termination of the 3/12 Plan is not
subject to the grievance procedure or any other administrative review and that the 3/12 Plan is not
and shall not become a vested right in any manner, and that a decision to terminate such 3/12 Plan
is subject to the meet and confer process.
Section 3: Shift and Code Seven Policy:
Patrol personnel shall work a twelve- and -one-half (12%2) hour shift. The first one-half hour shall
be used for briefing and training purposes. Lunch time (Code 7) shall be part of the shift and is
compensable.
Section 4: Shift Trades
The practice of shift trading shall be voluntary on behalf of each employee involved in the trade.
A shift trade must be pre -approved by a supervisor. The trade must be due to the employee's desire
or need to attend to a personal matter and not due to the department's operations. The employee
providing the trade shall not have his/her compensable hours increased as a result of the trade; nor
shall the employee receiving the trade have his/her compensable hours decreased as a result of the
trade.
If one individual fails to appear for the other (regardless of the reason), the person who was
scheduled as a result of the shift trade will be listed as absent without leave and may be subject to
discipline.
27
AGENDA APPROVED ITEM
08/06/19, SD
Any premium pay or other extra compensation shall continue to accrue only to the person
originally entitled to the premium pay or extra compensation. Any hours worked beyond the
normal work day will be credited to the individual actually doing the work. "Paybacks" of shift
trade are the obligation of the two employees involved in the trade. "Paybacks" are to be completed
within one (1) calendar year of the date of the initial shift trade.
Any dispute as to the "paybacks" is to be resolved by the involved employees, and under no
circumstances will the department be obligated for any further compensation whatsoever to any of
the involved employees. The department is not responsible in any manner for hours owed to
employees by other employees that leave the employment of the City or are assigned other duties.
A record of all initial shift trades and "paybacks' shall be maintained by the involved employees
on forms provided by the Department.
28
AGENDA APPROVED ITEM
08/06/19, SD
ARTICLE NINE
GRIEVANCE PROCEDURE
Vernon has adopted a grievance procedure applicable to all Police Lieutenants and Police Captains
containing the following principles:
A grievance will be defined as a dispute between the City and an employee or employees
adversely affected thereby over interpretation or application of any provision of this
Memorandum of Understanding or policy. "Days" as used herein shall be those days that
the City Hall of the City of Vernon is open part or all of the day. "Immediate Supervisor"
is the lowest level management or supervisory person having immediate jurisdiction over
the grievant.
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. If an
employee fails to appeal from one level to the next within the time limits established in this
grievance procedure, the grievance shall be considered settled on the basis of the last decision,
and the grievance shall not be subject to further appeal or reconsideration.
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 designated
management representative.
INFORMAL PROCEDURE
Within eight (8) days of the date the employee(s) knew or reasonably should have known of the
incident giving rise to the grievance, the employee may discuss the complaint with his/her
29
08/06/19, SD
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 union representative shall inform the Human Resources
Director, within one day of initiating the Informal Procedure, that he/she has initiated the
Informal Procedure and the date the informal grievance was first discussed with his/her
supervisor.
Within eight (8) days of the discussion with the employee, the supervisor shall verbally respond
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 1
The aggrieved employee shall present in writing his grievances to his immediate supervisor within
ten (10) working days of the occurrence of the action giving rise to the grievance. Discussions will
be informal for the purpose of settling differences in the simplest and most direct manner. The
immediate supervisor shall reach a decision and communicate it in writing to the aggrieved
employee and the Municipal Employee Relations Representative (MERR) within eight (8)
working days from the date the grievance was presented to him.
Step 2
If the grievance is not settled at the first step to the satisfaction of all parties, either the MERR or
the aggrieved employee within ten (10)_working days of the answer in the first step, shall reduce
the grievance to writing, sign it and present it to the Department Head or his designee. The
Department Head or his designee shall obtain the facts concerning the alleged grievance and shall
within eight (8) working days of receipt of the written grievance conduct a meeting between
himself, his representative if needed, the aggrieved employee, and the employee's representative.
The Department Head or his designee shall notify the aggrieved employee and the MERR of his
decision not later than eight (8) working days following the meeting date.
Step 3
If the grievance is not settled at Step 2, it may, upon the request of either the employee or the
MERR, be submitted to the mediation of the California State Conciliation Service. The mediator
designated by the Service shall attempt to adjust the grievance. Proposals, concessions and
admissions made during the course of such mediation shall be confidential and not be used in any
subsequent proceedings. If the grievance is not settled to the satisfaction of all parties within twenty
(20) days after the designation of the mediator by the Services, then the grievance shall be deemed
not to have been settled at Step 3.
Step 4
If the grievance is not settled to the satisfaction of all parties at Step 3, then the grievance shall be
submitted to the City Council of the City of Vernon for determination. The Council shall conduct
such hearing and receive such evidence as it deems appropriate. The City Council will make the
30
AGENDA APPROVED ITEM
08/06/19, SD
final decision at its sole discretion; however, the mediator from Step 3 above will be allowed to
participate with the Council during an executive deliberative session wherein management
representatives and employee representatives shall be excluded from said deliberative session.
The Council's decision will be the final step in the Grievance Procedure and will be provided in a
written format that will be given to the grievant after the decision is made. Should employees
represented by the Vernon Police Officers Benefit Association (VPOBA) amend their MOU
contract language regarding Grievance Procedures between July 1, 2016 and June 30, 2019, the
City and the VPMA agree to amend the VPMA MOU to incorporate such changes.
31
AGENDA APPROVED ITEM
08/06/19, SD
ARTICLE TEN
DISCIPLINE PROCEDURE
A. DISCIPLINARY ACTIONS
The tenure of every City employee shall be based on reasonable standards of personal conduct and
job performance. Failure to meet such standards shall be grounds for appropriate disciplinary
action which shall be commensurate with the seriousness of the offense and with consideration of
the employee'spersonnel file. Progressive discipline will be used; however, this does not preclude
the City from taking disciplinary action, up to and including termination, for an incident for which
there is no prior documentation as long as the disciplinary action is warranted and is based on just
cause.
The procedures herein shall be followed when, in the judgment of the Chief of Police, an employee
has committed an act or omission that justifies discipline. The Chief of Police or his/her designee
shall advise employees of contemplated disciplinary actions in writing and allow the employee an
opportunity to respond to such charges prior to taking final action.
Disciplinary actions should be documented in the employee's official personnel file. Performance
deficiencies documented in the employee's performance evaluation as "does not meet standards"
may be the basis for disciplinary action if the employee fails to correct those performance
deficiencies within the time period designated by his/her supervisor. To the extent possible,
performance deficiencies or other causes for discipline will be documented in the employee's
personnel file.
Upon the City receiving authorization from the employee, the City will provide the Association
with all written notices of discipline given to employeespresented by Association. The written
notice of discipline will also inform the employee that he/she has the right to consult with the
Association with regard to the disciplinary action being taken.
Nothing in this article shall preclude the Chief of Police or his/her designee from ordering as public
safety officer to cooperate with other agencies involved in criminal investigations, except where
32
AGENDA APPROVED ITEM
08/06/19, SD
the public safety officer may be the focus of the investigation. If an officer fails to comply with
such an order, the officer may be officially charged with insubordination.
B. VERBAL OR WRITTEN REPRIMAND PROCEDURES/APPEALS
Any sworn employee having received a verbal or written reprimand shall be entitled to the
following appeal procedure, this will be the sole and exclusive procedure afforded to employees
for appealing disciplinary action consisting of a written reprimand or less. Subsection (D) (Pre -
Disciplinary Procedures), and Subsection (E) (Disciplinary Appeal Procedures), herein shall not
apply to disciplinary action consisting of a verbal or written reprimand. This appeal process shall
not be applicable to performance evaluations.
Days shall be defined for the purposes of this Article as any day in which the City Hall is open to
the public for the general conduct of business.
Within ten (10) days of the employee's receipt of the verbal or written reprimand, the employee
may request in writing a meeting with the supervisor who issued the reprimand. Failure to request
a meeting within ten (10) days will constitute a waiver of the employee's right to respond. The
emplo e�ppeal may be made verbally or in writing. After the meeting or receipt of the
employee's written appeal, the supervisor will have ten (10) days to respond to the employee in
writing. z
If the matter is not resolved to the affected employee's satisfaction, the employee may seek review
of the supervisor's decision by submitting a written request to the Chief of Police or his/her
designee within ten (10) days of receipt of the supervisor's decision. The determination of the
Chief of Police or his/her designee is final and binding, subject to the option of the employee_to
bring proceeding pursuant to Code of Civil Procedure sections 1094.5 and 1094.6.
C. PRE -DISCIPLINARY PROCEDURES
Prior to the suspension, demotion, reduction in pay or dismissal of any permanent employee for
disciplinary purposes, the following_ procedures shall be followed:
Written Notice of Proposed Action
33
AGENDA APPROVED ITEM
08/06/19, SD
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.
EmDlovee Response/Pre-DisciDlinary Conference
The notice of proposed action shall state the date by which the employee must exercise the right
to respond orally, in writing or both orally and in writing. This represents the pre -disciplinary
opportunity for the employee to state any reasons that he/she believes the proposed action to be
inappropriate. The employee shall have a reasonable amount of time to respond, which shall not
be fewer than ten (10) days. This date may be adjusted by mutual agreement. Failure to respond
by the assigned date will constitute a waiver of the right to respond. Any response will be fully
considered before anv 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 accuracv of the Citv's information leading to the discipline Droposal.
Written Notice of Final Action
After consideration of the employee's response, or in the absence of a response, written notice of
the final disciplinary action shall be given to the employee. Such notice shall include essentially
the same information contained in the notice of proposed action, except that the employee's formal
appeal rights shall be stated.
Emergencies
34
AGENDA APPROVED ITEM
08/06/19, SD
When, in the opinion of the City, immediate disciplinary action is required to protect the health,
safety or welfare of the public, other employees or the employee himself, the employee may be
suspended for up to five (5) days pending the processing of the notices required in Section C of
this article or may be suspended with pay pending the completion of such investigations or
hearings as may b�quired to determine if disciplinary action is to be taken. If the charges and/or
allegations are not sustained, the employee suspended without pay shall be entitled to
reinstatement with full back pay and benefits.
D. DISCIPLINARY APPEAL PROCEDURES
Maior Discinline
Any permanent employee in the classified service shall have the right to appeal any dismissal,
suspension of three (3) days or more, reduction in salary, or non -probationary demotion. The
appeal process shall not be applicable to probationary employees. The appeal process shall not be
applicable to performance evaluations, verbal and/or written reprimands.
An employee desiring to appeal the discipline shall have ten (1 O) days after receipt of proposed
notice of discipline. The employee's request for appeal must be addressed to the City
Administrator and received in the Human Resources Department. The Human Resources
Department shall date stamp the employee'sppeal to verify the timeliness of the appeal.
If, within the 10 day appeal period, the employee does not file the appeal, unless good cause for
the failure is shown, the discipline shall be considered conclusive. If the employee files a timely
appeal, an arbitration appeal hearing shall be established as follows:
1. The employee shall submit a written request to the Human Resources Department for
advisory arbitration to the City Administrator or designee. The City and Association will
share equally share (i.e. 50150) the arbitration -related expenses, excluding attorney fees,
expert witness(es) and staff time.
2. The City shall request a list of seven (7) arbitrators registered with the American
Arbitration Association, California State Conciliation Service or some other agreed pon
35
AGENDA APPROVED ITEM
08/06/19, SD
source within ten (10) days of the employee's request. If the parties are unable to agree
on an arbitrator from that list, an arbitrator will be selected bY the parties alternately
striking names from the list until only one (1) name remains.
3. The selected arbitrator shall serve as the hearing officer.
4. All arbitration proceedings arising under this procedure shall be governed by the
provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title
2 of the California Government Code.
5. All time limits specified in the procedure may be waived by mutual written agreement.
6. At the conclusion of the hearing, the arbitrator will submit his/her findings to the Cites
the employee. Within eight (8) days of receiving the arbitrator's findings, the City
Administrator shall provide his/her decision, in writing, to the employee. The City
Administrator's decisions shall set forth which charges, if any, are sustained and the
reasons therefor. The opinion shall set forth findings of fact and conclusions. The City
Administrator's decision is final, subject to the option of the employee to bring a
proceeding pursuant to Code of Civil Procedure sections 1094.5 and 1094.6.
Minor Discipline
Any permanent employee shall have the right to appeal anypension below the threshold of
major discipline. This appeal process shall not apply to probationary employ
If the issue cannot be resolved between the employee and the supervisor, the employee may, within
ten (10) days from receiving notice of the proposed discipline, request and be granted an interview
with the Chief of Police or his/her designee in order to discuss the appeal.
The Chief of Police or designee shall render his/her decision in writing within fifteen (15) days of
receivingtppeal. If the Chief of Police and employee are unable to arrive at a satisfactory
solution, the employeemay, within fifteen (15) days from the date of the decision by the Chief of
Police, submit a written appeal to the City Administrator or designee. The City Administrator or
designee will respond or schedule a meeting within fifteen (15) days. The City Administrator or
36
AGENDA APPROVED ITEM
08/06/19, SD
designee shall render his/her judgment as soon after the conclusion of the hearing as possible and
in no event later than thirty (30) days after conducting the hearing. His/her decision shall set forth
which charges, if any, are sustained and the reasons therefore. The opinion shall set forth findings
of fact and conclusions. The decision of the City Administrator shall be final and binding subject
to the option of the employee to bring a proceeding_ pursuant to Code of Civil Procedure sections
1094.5 and 1094.6.
37
AGENDA APPROVED ITEM
08/06/19, SD
WON
11.0100-0-01
7_
0; M, I SEEM
-
. ,
NEI
WE
. ...................
aw MWIM.WaRrIvi".
W.
v. 91m
2 PI fp .,
.,, .
38
AGENDA APPROVED ITEM
08/06/19, SD
ARTICLE ELEVEN
MANAGEMENT RIGHTS
Section 1. Exclusive Rights and Authority.
In order to ensure that the City is able to carry out its functions and responsibilities imposed by
law, the City has and will retain the exclusive right to manage and direct the performance of City
services and the work force performing such services, subject to certain limitations contained
elsewhere in this Memorandum of Understanding. Therefore, the following matters shall not be
subject to the meet and confer process, but shall be within the exclusive authority of the City. The
consideration of the merits, necessity, or organization of any service activity conducted by the City
shall include, but not be limited to the City's right to:
A. Determine issues of public policy.
B. The exclusive right to determine the mission of its constituent departments,
commissions, and boards.
B. Set standards and levels of service and to expand or diminish services.
C. Determine policies, procedures and standards for selection, training and promotion
of employees.
D. Direct its employees.
E. Establish and enforce employee dress and grooming standards.
F. Determine the methods and means to relieve its employees from duty because of
lack of work or other lawful reasons.
G. Maintain the efficiency of governmental operations.
H. Determine the methods, means and numbers and kinds of personnel by which
government operations are to be conducted.
I. Determine the content and intent of the job classifications and, to develop new job
classifications.
.I. Determine methods of financing.
K. Determine style and/or types of city -issued wearing apparel, equipment or
technology to be used.
L. Determine and/or change the facilities, methods, technology, means, organizational
structure and size and composition of the work force and allocate and assign work
by which the City operations are to be conducted.
M. Determine and change the number of locations, relocations and type of operations
processes and materials to be used in carrying out all city functions, including, but
not limited to, the right to contract for or subcontract any work or operations of the
City.
N. Assign work to and schedule employees in accordance with requirements as
determined by the City and to establish and change work schedules and assignments
upon reasonable notice.
O. Establish and modify productivity and performance programs and standards.
P. Discharge, suspend, demote, reprimand, withhold salary increases and benefits, or
otherwise discipline employees in accordance with applicable state law.
Q. Establish employee performance standards including, but not limited to, quality and
39
AGENDA APPROVED ITEM
08/06/19, SD
quantity standards, and to require compliance therewith.
R. Take all necessary actions to carry out its mission in emergencies.
S. Exercise complete control and discretion over its organization and the technology
of performing its work.
The Association recognizes that the City has and will continue to retain, whether exercised or not,
the unilateral and exclusive right to operate, administer and manage its municipal services and
work force performing those services in all respects, subject to this Memorandum of
Understanding.
Section .2. Grievance on Impacts.
The exclusive decision -making authority of the City Council on matters involving City rights and
authority shall not be in any way, directly or indirectly, subject to the grievance procedure set
forth in this Memorandum of Understanding. The employee may only grieve the impact of the
exercise of exclusive City rights and authority that directly relate to matters within the scope of
representation.
The City shall not be required to meet and confer in good faith on any subject preempted by federal
or state law. The City shall meet and confer in good faith with the Association on all matters
related to the salaries, fringe benefits and other terms and conditions of employment in accordance
with the Meyers-Milias-Brown Act and/or Police Officers Bill of Rights.
40
AGENDA APPROVED ITEM
08/06/19, SD
SIGNATURE PAGE
CITY OF VERNON VERNON POLICE
MANAGEMENT ASSOCIATION
Carlos R. Fandino Jr.
City Administrator/"MERR"
Michael Earl
Director of Human Resources
Ana K. Rueda
Human Resources Analyst
APPROVED AS TO FORM:
Zaynah Moussa
Senior Deputy City Attorney
Brandon Gray
President
Roberto Sousa
Treasurer
Nicholas Perez
Secretary
APPROVED AND ADOPTED BY THE CITY COUNCIL ON , PER
RESOLUTION NO.
Attest:
Deborah Harrington
Interim City Clerk
41
Dated: