Resolution No. 2019-032RESOLUTION NO. 2019-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING THE MEMORANDUM OF UNDERSTANDING BY
AND BETWEEN THE CITY OF VERNON AND THE VERNON
POLICE OFFICERS' BENEFIT ASSOCIATION FOR THE PERIOD
OF JULY 1, 2019 THROUGH JUNE 30, 2022
WHEREAS, the Vernon Police Officers' Benefit Association
("VPOBA") has been recognized as an employee organization pursuant to
Resolution No. 4027; and
WHEREAS, on September 16, 2014, the City Council of the City
of Vernon adopted Resolution No. 2014-57 approving a Memorandum of
Understanding ("MOU") setting forth certain terms and conditions for
employment of City of Vernon employees in classifications represented
by the VPOBA, for the period of July 1, 2014 through June 30, 2017; and
WHEREAS, on June 16, 2015, the City Council of the City of
Vernon adopted Resolution No. 2015-39, approving an Amendment No. 1 to
the MOU; and
WHEREAS, on July 12, 2016, the City Council of the City of
Vernon adopted Resolution No. 2016-38, approving an Amendment No. 2 to
the MOU, which extended the MOU through June 30, 2019; and
WHEREAS, on October 24, 2017, the City Council of the City of
Vernon adopted Resolution No. 2017-54, approving an Amendment No. 3 to
the MOU, which amended the following Articles: (a) Article Seven,
Section 16 regarding City Vehicle, and (b) Article Eight, Section 4
regarding Sergeants; and
WHEREAS, the City and VPOBA 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 VPOBA and the City have
agreed to execute a Memorandum of Understanding ("MOU") setting forth
certain terms and conditions for employment of City of Vernon employees
in classifications represented by the VPOBA, for the period of
July 1, 2019 through June 30, 2022; and
WHEREAS, the City Council desires to approve the MOU.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the above recitals are true and correct.
SECTION 2: The City Council of the City of Vernon finds
that this action is exempt 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.
SECTION 3: The City Council of the City of Vernon hereby
approves the Memorandum of Understanding between the City of Vernon and
the Vernon Police Officers' Benefit Association, in substantially the
same form as attached hereto as Exhibit A.
SECTION 4: The City Council of the City of Vernon hereby
instructs the City Administrator, or his designee, to take whatever
action is deemed necessary or desirable for the purpose of implementing
and carrying out the purposes of this Resolution and the transactions
herein approved or authorized, including but not limited to, any
nonsubstantive changes to the MOU attached herein.
SECTION 5: The City Council of the City of Vernon hereby
directs the Interim City Clerk, or the Interim City Clerk's designee,
to send a fully executed MOU to Gustavo Herrera, Vice President of the
- 2 -
Vernon Police Officers' Benefit Association.
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:
DeTDorah Harrington,
Interim City Clerk
APPROVED AS TO FORM:
�11 �r
Zayn Moussa,
Senior Deputy City Attorney
Gti--
Name: Mel ssa'A. 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. 2019-32, 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 -
De orah Harrington,
Interim City Clerk
EXHIBIT A
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
AND
VERNON POLICE OFFICERS' BENEFIT ASSOCIATION
July 1, 20194 through June 30, 20224-7
TABLE OF CONTENTS
MEMORANDUM OF UNDERSTANDING
Parties to the Memorandum of Understanding..................................................................6
ARTICLE ONE: FUNDAMENTALS
Section1:
Recognition............................................................................................. 7
Section 2:
No Discrimination.................................................................................... 7
Section 3:
Mutual Cooperation................................................................................. 7
Section4:
Layoffs...................................................................................................... 7
Section 5:
No Strikes or Lockouts.............................................................................. 7
Section 6:
City / VPOBA Meetings.......................................................................... 8
Section 7:
Association Business................................................................................8
ARTICLE TWO: LEGAL LIMITATIONS, SAVINGS CLAUSE& TERM
Section 1: Legal Limitations and Savings Clause ...................................................... 9
Section2: Term......................................................................................................... 9
Section 3: Maintenance of Existing Conditions..........................................................9
Section 4: Modification and Waiver......................................................................... 10
Section5: Severability............................................................................................. 10
ARTICLE THREE: SALARIES
Section l: Police Officers
Section2: Sergeants................................................................................................... 12
Section3: Merit Steps...............................................................................................12
Section 4: Salary Adjustment Increase..................................................................... 13
Section5: Premium Pay............................................................................................. 13
Section6: Bilingual Pay............................................................................................. 13
Section 7: "P.O.ST." Certificate Incentive.................................................................. 13
Section8: Shooting Pay............................................................................................. 14
Section 9: Field Training Officer............................................................................... 14
2
Section 10: Canine Handlers........................................................................................ 14
Section 11: Motor Officers.......................................................................................... 15
Section 12: Relief Sergeant........................................................................................... 15
Section 13: Police Corporal Assignment — Lead Premium Pay.......................................15
ARTICLE FOUR: LONGEVITY
Section 1: Employees Hired Before July 1, 1995....................................................... 16
Section 2: Employees Hired On or After July 1, 1995................................................ 17
ARTICLE FIVE: OVERTIME
Section 1: Overtime Authorization............................................................................... 18
Section2: FLSA Overtime.......................................................................................... 18
Section3: Comp Time................................................................................................ 18
Section 4: Leave Time Inclusion................................................................................ 19
Section 5: Training and Recertification....................................................................... 19
Section 6: Court Attendance and "Stand By" Time ..................................................... 19
Section7: Call Backs.................................................................................................. 21
Section8: Jury Duty................................................................................................... 22
Section 9: Non-Compensable.......................................................................................22
ARTICLE SIX: UNIFORMS, ALLOWANCE AND SAFETY EQUIPMENT
Section 1: Uniform Allowance.................................................................................... 24
Section 2: Summer Uniforms.......................................................................................24
Section 3: Safety Equipment....................................................................................... 24
3
ARTICLE SEVEN: BENEFITS
Section 1:
Public Employees Retirement System........................................................ 25
Section 2:
Supplemental PERS Benefits....................................................................
25
Section3:
Medical.......................................................................................................26
Section4:
Cafeteria Plan.............................................................................................26
Section5:
Dental Plan.................................................................................................26
Section6:
Vision Plan.................................................................................................27
Section7:
Life Insurance.............................................................................................
27
Section 8:
Retirees Medical.......................................................................................
27
Section9:
Vacation Time...........................................................................................
29
Section 10:
"In Lieu" Holiday Time..............................................................................29
Section1 1:
Sick Leave..................................................................................................30
Section 12:
Bereavement Leave....................................................................................
30
31
Section- i 3:
Section4-413:
Auto insufanee ...........................................................................................
Deferred Comp...........................................................................................3
I
Section 4-514:
Other City Employee Programs....................................................................
ARTICLE EIGHT: WORK SCHEDULE AND ABSENCES
Section1: Provisions................................................................................................. 32
Section 2: Work Schedule 3/12 Plan............................................................................32
Section 3: Shift and 7 Code Policy...............................................................................32
Section4: Sergeants.................................................................................................. 33
Section5: Shift Trades............................................................................................... 33
Section6: Early Relief................................................................................................ 34
Section7: Staffing....................................................................................................... 34
ARTICLE NINE: GRIEVANCE PROCEDURE
Grievance Procedure Steps............................................................................................... 35
ARTICLE TEN: DISCIPLINE PROCEDURE
DisciplineProcedures....................................................................................................... 38
4
ARTICLE ELEVEN: MANAGEMENT RIGHTS
ManagementRights.......................................................................................................... 43
SIGNATURE PAGE
Signatures........................................................................................................................ 45
5
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
1
VERNON POLICE OFFICERS' BENEFIT ASSOCIATION
Parties to the Memorandum of Understanding
Pursuant to Chapter 10 (section 3500 et seq) of Division 4, Title 1 of the Government Code and
Resolution No. 4027, the Resolution for the administration of Employer -employee relations, the
matters within the scope of representation that are set forth in this Memorandum of Understanding
(MOU) have been discussed by and between representatives of the City of Vernon and the
representatives of the Vernon Police Officers' Benefit Association (hereinafter "VPOBA") and
except as otherwise specifically provided herein shall apply only to those defined in the aforesaid
Resolution as "full-time and regular part-time employees in the Police Department except
management and confidential employees" (Section 813(2) "Group 2"), otherwise known as Police
Officers and Sergeants.
This MOU constitutes a joint agreement by the Municipal Employee Relations Representative
("MERR") and the VPOBA. to be submitted to the City Council of Vernon for its determination
and approval by one or more Resolutions or Ordinances as the City Council may deem fit and
proper.
The MERR and the Representative of the VPOBA have agreed that they will jointly urge the City
Council of Vernon to adopt one or more Resolutions or Ordinances reflecting the changes in
wages, hours, and other conditions of employment agreed upon in this MOU.
If approved, the terms agreed upon by this MOU shall be effective as of -July 1, 2-442019, and
shall expire at midnight on June 30, 204--72022.
IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN STATED, the VPOBA
and the City of Vernon agree as follows:
I'o
ARTICLE ONE
FUNDAMENTALS
Section 1: Recognition
The City of Vernon recognizes the Vernon Police Officers' Benefit Association ("VPOBA") as
the certified majority representative of the employees, comprised of Police Officers and Sergeants,
as the exclusive representative of the employees for purposes of collective bargaining for all terms
and conditions within this Memorandum of Understanding.
Section 2: No Discrimination
The provisions of this Memorandum of Understanding shall be applied equally to all employees
covered hereby. Neither the City nor the VPOBA shall discriminate against any individual,
applicant or employee with respect to his compensation, terms, condition, or privileges of
employment or because of an individual's race, color, sex, religion, national origin, age, marital
status, disability, pregnancy, sexual orientation, political or religious opinions or affiliations, or
membership or non -membership in the VPOBA.
Section 3: Mutual Cooperation
The parties recognize the necessity of cooperating on matters of mutual concern and interest and
agree to work together to maximize the effectiveness of the Police Department and the City and to
accomplish legislative and funding goals in their mutual interest.
Section 4: Layoffs
In accordance with the Meyers-Milias Brown Act, the City and the Association shall meet and
confer on the effect of its actions to layoff. This will occur prior to implementation of layoffs,
except in emergency circumstances wherein the City Council declares a fiscal emergency
pursuant to Article Il, Chapter 2.2 of the City of Vernon City Charter. The agreement to meet
and confer over the effect of the exercising of a City right shall not in any way impair the right
of the City to exercise and implement any of its rights to layoff.
Section 5: No Strikes or Lockouts
During the life of this agreement no work stoppages, strikes, slowdowns, or picketing shall be
caused or sanctioned by the VPOBA, and no lockouts shall be made by the City.
7
Section 6: City/VPOBA Meetings
Representatives from the VPOBA and the City shall meet as needed to discuss issues of mutual
concern.
Section 7: Association Business
Representatives of the VPOBA shall be allowed time to conduct their Association business as
necessary during work hours. Coordination of such work will be made with the Chief of Police to
ensure the availability of staffing levels for such meetings.
The VPOBA President will have available to him/her a total of+,70-200 hours of Association Leave
Time at the beginning of each calendar year for conducting Association business off -duty during
time he/she and/or any of his Association board members would be regularly scheduled to work.
A. The VPOBA President will be responsible for assigning any Association Leave Time
to his board members. Unused hours may not be carried over from one year to the
next without the written authorization of the Police Chief or his/her designee.
B. In each case where Association Leave Time is requested, such request must be in
writing to the Police Chief or his/her designee or above a minimum of 72 hours
before the Leave Time is needed unless authorized in writing by the Police Chief or
his/her designee.
C. Association Leave Time will not be granted if it will cause overtime unless it is
authorized in writing by the Police Chief or his/her designee.
D. In no case will Association Leave Time be used for political action purposes.
ARTICLE TWO
LEGAL LIMITATIONS, SAVINGS CLAUSE, AND TERM
Section 1: Legal Limitations and Savings Clause
It is understood and agreed that this Memorandum of Understanding (including, but not limited to,
the provisions of the Fair Labor Standards Act) and any and all Resolutions or Ordinances adopted
in implementation thereof are and shall be subject to all present and future applicable federal and
state laws and regulations and shall be effective and implemented only to the extent permitted by
such laws and regulations.
If any part of this Memorandum of Understanding or of any Resolution or Ordinance adopted in
implementation thereof is in conflict or inconsistent with any such applicable provisions of federal
and state laws or regulations or otherwise held to be invalid or unenforceable by any tribunal of
competent jurisdiction, such part or provision shall be suspended and superseded, and such
applicable laws and regulations and the remainder of this Memorandum of Understanding shall
not be affected thereby and shall remain in full force and effect.
Section 2: Term
(a) Except as otherwise provided herein, this Memorandum of Understanding shall be in full
force and effect from July 1, 24t42019, and shall remain in full force and effect up to and
including midnight, the 30th day of June 2017 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 herein, the City and the Association agree to submit proposals
for any changes related to wages, benefits and/or other terms of and conditions of employment
affecting this Memorandum of Understanding between February 1, 2017 2022 and March 1,
2-W72022.
Section 3: Maintenance of Existing Conditions
Any employment policy, practices and/or benefits, including the alternative workweek schedule and
overtime compensation are incorporated into this Memorandum of Understanding, unless
otherwise stated herein. In the event of a conflict between the Memorandum of Understanding and
an existing policy and/or practice, this Memorandum of Understanding shall govern.
Section 4: Modification and Waiver
The City reserves the right to add to, delete from, amend or modify the Administrative rules, the
City Municipal Code, and the City's Personnel Policies and Procedures Manual during the term
of the Memorandum of Understanding, subject to the requirements of the Meyers-Milias-Brown
Act and the Public Safety Officers' Procedural Bill of Rights Act.
Section 5: Severability.
In the event that a court finds any provision(s) of this Memorandum of Understanding to be
invalid or unenforceable, the parties intend that the remaining provisions remain in effect. The
parties further agree to meet and confer for purposes of negotiating an alternative to any
provision declared invalid or unenforceable.
a
ARTICLE THREE
SALARIES
(a) Effective July 1, 2014, Police Officers and Police Sergeants who were hired or promoted
before July 1, 2014 and have not attained their maximum salary step shall be grandfathered
into their current salary grade and step.
(i) Effective September 1, 2014, Police Officers only who have not attained their maximum
salary step in the grandfathered salary plan shall be placed at the top step of their current
grade and thereafter their respective salaries shall be Y-rated and frozen during the term of
this contract.
(b) Effective July 1, 2014, employees who have attained the maximum step of their current
salary grade and are above the maximum recommended 75'h percentile grade and step plan
shall be Y-rated and thereafter their respective salaries frozen during the term of this
contract.
(c) Effective July 1, 2014, employees represented in the Police Officers Benefit Association
who are hired or promoted on or after July 1, 2014 shall be placed at the appropriate step
within the proposed grade and step pay plan as a result of the city wide classification and
compensation study based upon the 75`" percentile.
(i) Effective 'anuar- ' 1, 2 the first full pay period in July 2019, employees represented
in the Police Officers Benefit Association (excluding Y-rated and grandfathered
employees) shall receive a 1-5% cost of living increase.
(ii) Effective Jialy 1, 2015the first full pay period in July 2020, employees represented in
the Police Officers Benefit Association (excluding Y-rated and grandfathered
employees) shall receive a 13% cost of living increase.
(iii) Effective the first full pay period in July 2021 employees represented in the Police
Officers Benefit Association (excluding Y-rated and grandfathered employees) shall
receive a 1 % cost of living increase.
Section 1: Police Officer
Police Officer with 1 % COLA
Sal Ran a PO 26
Step
Effective
7/7/2019
Effective
7/5/2020
Effective
7/4/2021
1
6,..686
$ 6,753
6,820
2
7 020
$ 7,090
$ 7,161
3
7 371
$ 7,445
7 519
4
7 740
$ 7,817
7,895
5
$ 8,127
8,208
$ 8,290
11
a Poliee Offiee V Rated shall be sod by
1 51A s f 11owsi
f (excluding employees)
Step ' $5 852
Step 7 $ 1 46
Step 3 $6 453
Step 5 $7 1 1 n
V 1 $7 77 1
2015, the
base
>
monthly salary ef
Police Of fi (exel,,. ing V Rated shall be increased by
1 517 s follows:
f employees)
Step 1 $5 onn
Step 477,
Step n U
Steps $7 221
V 1 $7 771
Section 2: Police Sergeant
Sergeant with 1 % COLA
Salary Range PO 31
Step
Effective
7/7/2019
Effective
7/5/2020
Effective
7/4/2021
1
$ 8,533
$ 8,618
$ 8,704
2
$ 8,960
$ 9,049
$ 9,139
3
$ 9,407
$ 9,501
$ 9,596
4
$ 9,878
9,977
10 076
5
$ 10,372
$ 10,475
$ 10,580
beginning july 1, 2015 the base
monthly salary of
the of the pay period eentaining
SergeantEffeetive
Poliee Y ) shall be
increaSed
( b fated and a eTM'r y
follows:
y
12
Stop 1 Q7 c47
Step 7 $7,962
Step 3 $8 36n
St $8 774
Step 5 Q9,2166
Y1 $8 cn1
v2 $8,968
Y3 - Qo 462
Section 3: Merit Steps
Salary increases to higher pay grade steps are merit steps only, and shall be available to employees
as recognition and reward for satisfactory services with the time frames described in the Personnel
Policies and Procedures, Performance Evaluation Policy. Merit increases to any said step shall
remain the sole discretion of the City Council.
salary grade who in the discretion of the Poliee Chief and in aeeordanee with the City'a
Pei femianee-Eweration- Pokey, have attained one year o€-satisfactery sefviee as of their -
immediately preceding elassifie"n anniversary date shall reeeive a one time 50A merit iner-ease
during the tefm ef this eentmet. FuWfe sal I . to any said step shall remain the sel-e
Employees who are not at the top step of their Classification Compensation Plan and who achieve
an overall "above average" ranking during their annual performance review in accordance with
the City's Performance Evaluation Policy will receive one merit salary advance on the first full
pay period in July. Employees shall continue to receive their annual evaluations as scheduled in
the City's Performance Evaluation Policy and employees may receive more than one annual merit
salary advance during the term of this Agreement.
Notwithstanding the above provision, any person employed in a position of Police Officer, Step 1,
shall be appointed to Step 2 upon his/her successful completion in an assigned accredited training
academy, and any person employed in a position of Police Officer, Step 2, shall be appointed to
Step 3 after serving at least six (6) months in the field and upon receiving a merit evaluation of
satisfactory/competent. Any person who qualifies for said increase shall have
his/her anniversary date for future merit increases established as of the date said officer is
appointed to said Step.
13
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 may incorporate a service adjustment increase up to ten percent (10%) per
month of their base salary.
Section 5: Premium Pay
In the event a Police Officer or a Sergeant is assigned to the Detective Division, the Professional
Standards Division, or an outside detail or task force, he/she shall receive premium pay equal to
five percent (5%) of his/her base pay per month, and the premium pay shall not be considered to
be part of the employee's base monthly salary when computing Peace Officers Standards and
Training (P.O.S.T.) certificate incentives; however, it shall be considered as part of the base
monthly salary for purposes of computing overtime pay and last highest annual salary.
Section 6: Bilingual Pay
A VPOBA employee may be compensated for bilingual skills after the employee demonstrates
proficiency in speaking a foreign language (the ability to read and write in a foreign language may
also be tested, if necessary), which proficiency would be determined by successful completion of
a foreign language proficiency test designated by the Human Resources Department. Those
employees who successfully demonstrate this skill are eligible to receive an additional One
Hundred Twenty -Five Dollars ($125.00) per month for bilingual pay and shall not be considered
to be part of the employee's base monthly salary when computing Peace Officers Standards and
Training (P.O.S.T.) certificate incentives; however, it shall be considered as part of the base
monthly salary for purposes of computing the last highest annual salary.
Section 7: Peace Officers Standards and Training ("Post") Certificate Incentive
VPOBA employees who have completed their evaluation period shall be entitled to P.O.S.T.
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
14
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 salary, excluding all other compensation
WIRIM MIMI�i��l�J�������1�����\��'��Z���sil•f\l\�1 \\�\S•fl!f �ft�/\\�/\!l!f �l� •f\�
��Z�/�AZ•f�\�I� ���%�•��� I��/fit•\i �'!•f �\�1�1i ��l�I\���\�L!SfT
Payment of the above -referenced incentive compensation shall not be cumulative; only the highest
applicable incentive pay level shall apply.
Incentive pay shall be payable the month following the month during which the certificate is
granted.
P.O.S.T. certificate pay shall be considered as part of the base monthly salary for purposes of
computing the last highest annual salary
Section 8: Shootine Pay
Effective August 1, 2014, Shooting Pay for all employees shall be discontinued.
Section 9: Field Training Officers
Police Officers assigned by the Chief of Police or his/her designee, as Field Training Officers shall
receive a deferential of five percent (5%) of their base salary for the period so assigned. This 5%
deferential shall be considered a part of their base salary when calculating Longevity, SAI and
P.O.S.T certificate pay.
Each officer assigned as a Field Training Officer shall complete a P.O.S.T. approved Field
Training Officer School prior to assignment.
The number of field training officers, qualifications, and training for such assignment shall be
determined by the Chief of Police. Such assignment maybe revoked at any time without recourse
15
to the disciplinary procedure.
Section 10: Canine Handlers
Each member of the canine team is responsible for the care and maintenance of their assigned
Police Service Dog (PSD) both on and off duty. Each handler assigned to the canine team will be
paid three (3) hours of overtime each week. This overtime pay will compensate the handler for the
time spent providing care for their PSD outside of normal duty hours.
Section 11: Motor Officers
Each Operator shall be provided with one (1) hour off per work week for motorcycle maintenance.
Time off shall be scheduled either at the beginning or end of a shift with the Watch Commander
to ensure sufficient staffing levels.
Section 12: Relief Sergeant
Vernon has established a Sergeant's relief position with a salary equal to the salary received by
Patrol Sergeants. The Chief of Police has the discretion to assign additional duties to the Sergeant
assigned to this position.
Section 13: Police Corporal Assignment -Lead Premium Pay
At the discretion of the Police Chief, an employee who is assigned to the Police Corporal
assignment shall be eligible to receive a five percent (5%) Police Corporal Lead Premium Pay
effective July 1 2015 The Police Corporal Lead Premium Pay shall be in accordance with the
attached Police Corporal Program brochure and summary The five percent (5%) premium shall
not be considered to be part of the employee's base salary when computingoincentive pay.
16
ARTICLE FOUR
LONGEVITY
Section 1: Employees Hired Before July 1, 1995
Effective August 31, 1986, the City established a four -step Longevity program for all employees.
Said Longevity program is as follows:
• All eligible employees who have five years of service on or before August3l, 1986, shall
receive an additional five percent (5%) per month of their base salary effective August 31,
1986, and every year thereafter until reaching the next Longevity level. Employees upon
reaching their 5th anniversary date after August 31, 1986, shall be entitled to said five
percent (5%) per month upon said anniversary date.
• All eligible employees who have ten (10) years of service on or before July 1, 1987, shall
receive an additional ten percent (10%) per month of their base salary effective July 1, 1987,
and every year thereafter until reaching the next Longevity level. Employees upon reaching
their IOth 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
17
anniversary date. Said twenty percent (20%) is in place of each of the amounts referenced
in paragraphs 1, 2 and 3 above and not cumulative therewith.
Section 2: Employees Hired on or After July 1, 1995 and on or before December 31,
2013.
All employees who are hired on or after July 1, 1995 and before December 31, 2013, who attain
five (5) years of consecutive uninterrupted employment shall receive an additional five percent
(5%) per mouth of their base salary. Such employees shall be entitled to receive such five percent
(5%) increase upon reaching their 5th anniversary date. Such employees will not be entitled to
receive any additional Longevity percentage increase to their base salary for further service.
18
ARTICLE FIVE
OVERTIME
Section 1: Overtime Authorization
All overtime requests must have prior written authorization of a supervisor prior to the
commencement of such overtime work. Where prior written authorization is not feasible, explicit
verbal authorization must be obtained. Where verbal authorization is obtained, written
authorization must be obtained as soon thereafter as practicable. Dispatched calls extending
beyond the end of duty time are considered as authorized.
Section 2: F.L.S.A. Overtime
Employees required to perform in excess of the standard work period of 160 hours in a 28-day
cycle shall receive compensation at the rate of time and one-half their regular rate of pay or time
and one-half "compensatory time" for each hour worked. The regular rate of pay shall include the
following components in addition to base salary:
• P.O.S.T. Certificate Pay
• Special Assignment Pay
Section 3: Compensatory Time
Employees may not earn more than forty (40) hours of compensatory time during any FLSA 28-
day cycle. At such time as an employee earns forty (40) hours of compensatory time within a given
28-day work cycle, any additional overtime in that cycle shall be paid to the employee at time and
one-half of his/her regular rate of pay.
Employees may not accumulate more than 240 hours of compensatory time. An employee must
be paid at the rate of time -and one-half for any overtime worked beyond the 240- hour
compensatory time "cap."
ILI
Section 4: Leave Inclusions
In determining an employee's eligibility for overtime compensation in a work period, paid leaves
of absence will be included in the total number of hours worked. Paid leaves of absence include,
but are not limited to, the following:
1. Vacation
2. Holiday Leave
3. Sick Leave
4. Administrative Leave
5. Compensatory Leave
6. Workers' Compensation Leave (4850 time)
7. Jury Duty
8. Bereavement Leave
9. Military Leave
10. Association Leave
Section 5: Training and Recertification Time
Training time that is required is compensable.
Recertification time that is directly related to an employee's job will be compensable if completed
during assigned work hours.
Section 6: Court Attendance and "Stand By" Time
Court Appearances
Employees shall be compensated for court appearances in the line of duty outside regular
scheduled duty hours as follows:
A. Court appearances which extend beyond an employee's normal shift assignment shall be
compensated as paid overtime. For purposes of calculating F.L.S.A. overtime pursuant to
this section of this MOU, only the actual time spent in court or traveling in a City vehicle
to and from the Station shall be credited as hours worked. Travel time to and from one's
private residence shall not be considered hours worked and shall not be compensated in
any manner whatsoever.
B. Notwithstanding the provisions of "A" above, employees required to attend court sessions
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outside a scheduled work shift shall be compensated a minimum guarantee of four (4) hours
at time and one-half (1.5). The court appearance minimum of four (4) hours or court stand-
by time shall not apply to employees appearing in court during an on -duty status, whether
it be his/her regularly assigned shift or an overtime shift assignment, or employees are
receiving pay from the City for another reason (i.e., IOD or Administrative Leave).
C. No more than one guaranteed minimum of four (4)-hours shall be paid in any one day. In
the event an employee receives two or more court appearance notices for the same day (for
example, morning and afternoon session) the court appearance shall be for the total
accumulative hours for the day to attend court. In such cases, an employee shall be
compensated at time and one-half (1.5) at his/her regular hourly rate for court duty
assignment beyond the guaranteed minimum of four (4) hours.
D. If an employee is required to stay beyond four hours in court, the employee shall be
compensated at time and one-half (1.5) at their regular hourly rate for all hours spent in
their court duty assignment that day.
E. When an employee is scheduled for duty and a court appearance is required within one-
half (1/2) hour before his/her shift or one-half (1/2) hour after the end of his/her shift, the
employee shall not be eligible for the four (4) hour court appearance minimum. However,
the employee shall be compensated for such overtime worked at 1.5 times his/her regular
rate of pay.
F. After receiving a court appearance subpoena, an employee may not request or take
vacation (or other requested/approved leave) on the appearance date, unless the
court/subpoenaing party approves the employee's request to reschedule. If an employee
has requested or is scheduled to be off duty on vacation (or other requested/approved leave)
prior to receipt of a subpoena, and the request to reschedule the court appearance is denied,
he/she will be eligible for the court appearance overtime provisions of this section.
Stand By Time
If an employee receives a subpoena to be placed on standby, the effected employee shall be
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
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of either a morning session or afternoon session of court, shall be paid Sixty Dollars
($60.00).
B. An employee who is placed on Stand By status for a full court day, which shall consist
of the morning session and the afternoon session of court, on the same day, shall be
paid One Hundred Nineteen Dollars ($119.00). However, if said employee is required
to appear in court, he/she shall receive court appearance compensation rather than
Stand By compensation for his/her time in court.
C. The parties agree that Stand By pay shall not count toward hours worked and that the
provision complies with the F.L.S.A.
D. Alternatively, an employee (at the employee's option and with the permission of the
Chief of Police or his designee) on court Stand By may report to the police station, in
uniform, for assignment while awaiting court. Under these circumstances, an employee
shall be compensated on an hour -for -hour basis (if on overtime, at time and a half) for
time actually worked while on Stand By.
E. No additional payment other than that set forth in Section 6 of the MOU shall be made
for Court Pay.
Section 7: Call Backs
Call Back duty occurs when an employee is ordered to report to duty on a non -regularly scheduled
work shift. Call Back does not occur when an employee is held over from his/her prior shift or is
working prior to his/her regularly scheduled shift. This provision is also to be distinguished from
Court pay, which is to be used when an employee is called to court.
An employee called back to duty shall be credited with a minimum of four (4) hours work. Any
hours worked in excess of four hours shall be credited on an hour -for -hour basis (at time and one-
half compensation) for actual time worked.
If the employee is ordered to return to work immediately, his work time shall be credited
commencing immediately after the employee has been directly contacted by the employer.
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Section 8: Jury Duty
A. All regular full-time employees summoned to serve on jury duty shall be provided "Jury
Duty Pay" and there shall be no loss of compensation. An employee will be compensated
up to two weeks at full pay for jury duty. The employee must provide notice of the
expected jury duty to his or her supervisor as soon as possible, but in no case later than 14
calendar days before the expected start date of the jury duty.
An employee on call for jury duty is expected to report to work. An employee who is
called in for jury duty will be required to return to work as soon as they are released from
jury duty. All employees shall obtain verification of the hours of jury duty performed using
verification forms as may be supplied by the court.
B. Except as herein provided, employees shall remit to the City any compensation received
for those days while on jury duty and shall receive regular pay for the time served.
Employees shall be reimbursed by the City for the mileage portion of the jury duty
compensation. Jury duty performed on an employee's regular day off shall not be
compensated by the city and the employee shall be entitled only to the court's
compensation for duty performed on such employee's regular day off.
C. If an employee is required to serve on a jury for a period longer than two weeks, the
employee shall be entitled, at the employees' option, to use any accrued leave time, other
than sick time, during the period of extended jury service. The employee shall continue to
receive all paid benefits, and shall continue to accrue eligible leave benefits.
Section 9: Non-Compensable
A. City Vehicle Use —Employees who are provided with a City vehicle to travel to and from
work shall not be compensated in any manner whatsoever for travel time to and from work. This
provision also applies in those situations where the radio must be left on and monitored unless
answering a call for service.
B. Clothes/Uniform Changing Time —Employees are not authorized to wear their uniforms
or any part thereof that is distinguishable as such unless on duty. Each employee is provided
with a locker for his/her personal convenience. Any employee may or may not utilize the
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locker for storage and changing purposes at his/her own discretion.
Nothing herein prevents an employee from wearing his/her uniform to and/or from his/her
residence to work as long as the badge and insignia are covered in a non -police issue
garment such as a windbreaker. Employees choosing to wear their uniforms covered to
and/or from work should not wear their "Sam -Browne" belt.
Time spent in changing clothes before or after shift, or during lunch, is not considered
hours worked and is not compensable in any manner whatsoever.
C. Exempt --The Chief of Police and Captains are exempt from overtime. For purposes of
treatment of overtime, the classification of Police Sergeant shall be treated in the same
manner as Police Officers.
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ARTICLE SIX
UNIFORMS, ALLOWANCE AND SAFETY EQUIPMENT
Section 1: Uniform Allowance
The City will pay each Group 2 employee who has completed his or her first year of service with
the City and who is on the active payroll of the Vernon Police Department the sum of One
Thousand Dollars ($1,000) per fiscal year for the purchase of uniforms and related equipment.
Such payment shall occur within the month of August of each year. Uniform allowance is special
compensation that shall be deemed earned when paid and shall be reported to CaIPERS as
compensation earnable.
Section 2: Summer Uniforms
Employees who are assigned to patrol will be allowed to utilize summer uniforms (blue shirt/blue
shorts) on any day at the discretion of the Chief of Police. The Chief of Police shall establish
authorization or notification procedures, as well as summer uniform requirements.
Section 3: Safety Equipment
The City shall, every three (3) years, pay one half of the cost of the member's individual body
armor if the member presents to the City a receipt for body armor that meets Departmental
specifications. If the City provides individual body armor to an employee, and the employee
accepts such body armor, then the three (3) year time period shall begin upon acceptance of the
body armor by the employee.
Employees who carry a private weapon which has been expressly approved by the Vernon Police
Department and suffer the loss or damage of such weapon in the line of duty shall be compensated
by the City of Vernon up to the amount of replacement cost of the official issue weapon of the
Vernon Police Department unless such loss or damage was caused by the employee's negligence.
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ARTICLE SEVEN
BENEFITS
Section 1: Public Employee Retirement System ("PERS")
The City shall maintain its contract with the California Employees Public Retirement System
(PERS) that provides employees with three percent (3%) at 50 PERS retirement benefit plan.
As a result of the recent passage of AB 340 Public Employee Pension Reform (PEPRA), new
CaIPERS members hired on or after January 1, 2013 who meet the definition ofnew member under
PEPRA, shall be provided a 2.7% at 57 PERS retirement benefit plan.
Employees shall be responsible for paying their PERS nine percent (9%) employee's contributions.
Effective the first full pay period in July 2019 in accordance with Government Code Section
20516(D 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
Ca1PERS contribution by paving an additional 1 % of Ca1PERS 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
Ca1PERS contribution by— paying `an additional 1 % of Ca1PERS reportable compensation for a total
contribution of eleven percent (_l l%).
Effective the first full pay period in July 2021 in accordance with Government Code Section
20516(j) 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
Ca1PERS contribution bypayingan additional 1 % of Ca1PERS reportable compensation for a total
contribution of twelve percent (12%).
Section 2: Supplemental PERS Retirement Benefits
The City agrees to provide additional supplemental retirement benefits to employees under PERS
as follows:
• Gov't Code Section: 20042 — One Year Final Compensation:
Final compensation is the average full-time monthly pay rate for the highest twelve (12)
consecutive months.
New employees hired on or after January 1, 2013 who meet the definition of new member
under PEPRA shall receive 3 Year Final Compensation.
Gov't Code Section: 20124 - Military Service Credit as Public Service:
Employees may elect to purchase up to four (4) years of service credit.
• Gov't Code Section: 21571 — Basic Level of 1959 Survivor Benefits:
Provides surviving benefactor a monthly allowance up to four -hundred thirty dollars
($430).
0 Gov't Code Section: 21624 & 21626& 21628 - Post Retirement Survivor Allowance:
Provides surviving spouse fifty percent (50%) of the amount of retirement allowance,
dependent on option choices, in effect at the time of death of retiree.
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Section 3: Medical,
The City offers various medical plans to employees. . The City reserves the right to select,
administer, or fund any fringe benefit programs involving insurance that now exist or may exist in
the future. .
The City shall meet with the Association prior to any change of insurance carrier or method
funding coverage for any fringe benefits listed in this article
Section 4: Cafeteria Plan.
The City and Association agree to a section 125 cafeteria plan (non -cash out), effective January
1, 2015. The City will adhere to the cafeteria plan requirements in accordance with IRS Section
125 regulations. The City shall provide to each employee in this bargaining unit a monthly
allowance toward the cost of his/her medical dental and vision plans as outlined in subsections
A, B, C, and D below.
During the term of the Agreement for employees who elect Employee + Family coverage, the
City agrees to provide a cafeteria plan contribution equal to the total premium costs of the
Employee + Family Low Medical HMO Empployee + Family lowest cost Dental DMO and
lowest cost family vision plan Employees enrolled in the Employee + Family health benefits
category that elect a health plan higher than the Low HMO medical, dental and/or vision, will
be responsible for any applicable premium costs through a pre-tax payroll deduction. The City
understands that this amount will vary based on the premium costs that go into effect on January
1st of each calendar year of the term of this Agreement If employees opt out of dental and/or
vision they may use the allotments for those respective coverages toward excess medical
premiums.
During the term of the Agreement for employees who elect Employee -Only Employee + Spouse
and Employee + Children tiers the City agrees to provide the same flat dollar cafeteria
contribution for medical dental and vision benefits that the City is paying as of June 2016 for
these employee health group tiers That amount is $1 165 per month. Employees who elect one
of these tiers must pay for their dental and vision benefits from this cafeteria contribution. The
parties understand and agree that this amount will remain fixed during the term of this
Agreement Provided however, should the total premium cost of the lowest cost medical HMO,
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lowest cost Dental DMO, and lowest cost vision plan exceed the current flat rate dollar cafeteria
contribution for medical, dental, and vision benefits for any of the tiers, then the contribution for
that tier will be raised to equal the total premium costs of the Low Cost Medical HMO, lowest
cost Dental DMO, and lowest cost vision plan for that tier. Employees that elect a health plan
higher than the applicable City contribution will be responsible for any applicable premium costs
through a pre-tax payroll deduction If employees opt out of dental and/or vision they may use
the allotments for those respective coverages toward excess medical premiums.
For unit employees enrolled in the HSA PPO plan, the City shall pay up to the city contribution
for their specific tier as set forth in A and B above reduced by an annual amount of $3,000. In
addition for each employee enrolled in an HSA PPO plan annually the City shall make lump
sum contributions to a health savings account (HSA) as follows $1,500 in January, and $500
each in March June and September. The cost of any HSA PPO plan selected by employees that
exceeds the City contribution amount shall be paid the employee through a pre-tax payroll
deduction.
Durine the term of the Aereement, Employees will be allowed to opt in to the Employee + Famil
plan during any open enrollment period or upon a qualifying event as prescribed by the City's
insurance provider.
The City shall py-evide to eaeh employee in this bar -gaining unit a monthly allowanee toward the
cost of his/her- medieal plan as outlined in Subseetions A and B below. in the event an employee
does not exhaust nof exceed his/her- mepAbly medieal allowance, the employee shall be allowed
plans offefed thfough the City and approved by the Direetef of Human Resoufees.
Fef! VPOBA empleyees enf!elled in eidier-the HA40 of! PPO (fien HSA) medieal plans, the City shall pay tip to $1,165
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Section 5: Dental:
The City of Vernon provides a dental insurance plan to employees. In the event an employee
does not exceed his/her monthly employer medical allowance, the employee shall be allowed to
apply any unused portion toward the purchase of dental insurance for himself/herself and eligible
dependents. The cost of any plan selected by the employee that exceeds his/her monthly
employer medical allowance shall be paid by the employee through a pre-tax payroll deduction.
Section 6: Vision:
The City of Vernon provides a vision care plan to employees. The City shall pay 100% of the cost
of such a plan for employees only. All premiums for vision coverage at each tier of coverage are
to be deducted from the total monthly cif contribution for Medical Dental, and vision coverage.
Employees shall have the option of purchasing i i for their depeaderAs at a eest of $6.95
for- one dependent .. $13.95 fer two „ more dependents. In the event an employee does not
exceed his/her monthly employer medical allowance, the employee shall be allowed to apply
any unused portion towards the purchase of additional provided coverage for vision care.
Section 7: Life Insurance:
The City provides a $20,000 life insurance plan to employees. The City shall pay 100% of the cost
of such plan for employees. The City's agreement to pay full or partial costs of said premiums
shall not create or ripen into a vested right for said employee. In the event an employee does not
exceed his/her monthly employer medical allowance, the employee shall be allowed to apply
any unused portion towards the purchase of additional provided coverage for supplemental life
insurance.
The City's agreement to pay full or partial costs of said premiums shall not create or ripen into a
vested right for said employee; however, the City shall be obligated to pay the cost or provide said
medical, dental, vision, and life insurance benefits as described so long as this MOU remains in
effect.
Section S: Retiree's Medical
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Employees must retire from the City of Vernon under a CalPERS Benefit Formula (i.e. Age 50 or
57 Formula) to be eligible for Retiree Medical/Dental Benefits.
For employees hired by the City before July 1, 2019 the following retiree medical benefits apply:
The City shall pay up to $1,100 per month towards the employee's option of the City's medical
and dental insurance programs for the employee and his/her eligible spouse in the classifications
represented by the Vernon Police Officers Benefit Association who have been employed as sworn
Peace Officers for a minimum of twenty (20) years and a minimum of 10 years of that service has
been in the employment of the City of Vernon. The maximum $1,100 City contribution shall be
applied only toward a city provided medical and dental premium plan payment and shall have no
cash surrender value.
The City's contribution toward the Retiree Medical/Dental Benefit Plan shall continue for said
retired employee and eligible spouse up to the age of sixty-five (65). Upon reaching the age of
sixty-five (65), the retiree and/or eligible spouse shall apply for Medicare Part A and Part B
coverage, whereupon the City's insurance shall become supplemental coverage. The City shall
pay up to $1,100 per month of the cost to provide any Medicare supplemental medical and dental
insurance plan offered by the City of Vernon. The City will not be the primary insurance carrier
once the retiree and/or eligible spouse reaches the age of sixty-five (65). If the retiree or eligible
spouse fails to timely obtain and maintain Medicare coverage, the City shall not be required to
provide any medical/dental benefits until such Medicare coverage is obtained and maintained. The
maximum $1,100 City contribution shall be applied only towards a City sponsored Medicare
supplemental medical and dental premium plan payment and shall have no cash surrender value.
All retired employees with a minimum of ten (10) years of continuous uninterrupted service with
the City may pay the City's premium cost for medical and dental insurance for employee only, up
to the age of sixty-five (65) after which time Medicare will become the primary insurance carrier.
The retired employee may remain on the City's supplemental insurance to Medicare at his/her cost
provided the retiree has timely obtained and maintains Medicare coverage.
Should the retired employee fail to pay his/her required cost of the insurance premium for the
City's medical/dental benefit plan for any three (3) consecutive months or, should the coverage
31
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 for the employee and his/her
eligible spouse of $1,100, or the equivalent to the then -current lowest cost City -offered
Employee+Spouse medical HMO and/or dental HMO insurance premium, whichever is greater,
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.
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 premiums) for
all full-time regular employees in the classifications represented by the Vernon Police Officers
Benefit Association who have been employed as sworn Peace Officers for a minimum of twenty
(20) years and a minimum of ten (10) years of that service has been in the employment of the City
of Vemon 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 he age of sixty-five (65), the
retiree shall apply for Medicare Part A and Pert 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 any medical/dental benefits until such Medicare coverage is obtained and maintained.
32
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 medicaUdental benefit plan shall automatically terminate without the need
for further notice.
Eligible retired employees maay 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 9: Vacations
A. Accrual
Vacation accrual after the first year of service: 120 hours per year
Vacation accrual after ten (10) years of service: 160 hours per year
Vacation accrual after completion of twenty-five (25) years of service: 170 hours per
year
B. Policy
Employees may take all or part of their vacation in increments of one-fourth (1/4) hour or
more, as determined by the Police Chief at his/her discretion with due regard for the wishes
of the employee and the needs of the Department.
Any request will be honored only if, in the opinion of the Police Chief or his/her designee,
the manpower or service level on the day or days and at the times requested is adequate to
permit granting such a request.
Vacation time provided for herein shall be accumulated from calendar year to
33
calendar year, and shall be compensated for if not utilized during said period.
Section 10: "In Lieu" Holidays
Employees shall receive one hundred and ten (110) "in lieu" holiday hours per fiscal year. "In
lieu" holidays will be credited to each employee on each July lin which he/she is on the active
payroll of the Department, including those on "Light Duty," in a classification represented by the
VPOBA, and must be taken prior to the immediately following July 1.
"In lieu" holidays may be taken in increments of one-fourth (1/4) hour or more, on dates desired
by the employee subject to the needs of the Vernon Police Department.
"In lieu" holidays, if not taken, shall not be paid for except if the employee was denied an
opportunity to take them off during the fiscal year for which such "in lieu" holidays were granted.
In that case only, the employee shall be paid for said "in lieu" holidays not taken with his/her
first possible payroll check on or after July 1 of the fiscal year following the year for which the
..in lieu" holidays were credited, at his/her then basic rate, excluding all other compensation,
computed in accordance with the applicable Salary Resolution of Vernon. An employee who
quits or is terminated shall not be entitled to any compensation for "in lieu" holidays not taken.
If the City Council, during the fiscal year, provides one or more additional holidays to the
miscellaneous employees in addition to those holidays provided for in Resolution No. 8764.
Employees shall receive the same number of any additional holidays. Any additional "in lieu"
holiday time received by employees will be for a maximum of ten (10) hours per day received.
Section 11: Sick Leave
Employees only receive sick leave accrual while they are in a paid status. Employees shall accrue
sick time at a rate of 3.08 hours per pay period (80 hour annually), with a maximum cap of 960
hours. Upon reaching the cap, employees will continue to accrue sick leave provided; however, in
the final „ay pefied i Dee mb�or about 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.
If an employee separates or terminates employment with the City, they shall be compensated for
any accrued sick leave hours at the time of separation not to exceed 960 hours. Employees that
separate from service with more than 20 years of service credit shall be compensated at 100% of
their current pay rate applied to the first 480 sick leave hours and 50% for their remaining hours
34
up to the cap of 960 hours. Employees with less than 20 years of service shall be compensated at
50% of their then current pay rate up to the cap of 960 hours. Employees shall have the option of
obtaining service credit for the accrued, unused sick leave hours instead of a cash payment pursuant
to California Government Code Section 20965.
Employees are expected to contact their supervisor or Department head as soon as possible to
report a sick leave time off notification and provide appropriate information on the nature of the
illness or injury and the expected duration of the time off. Employees unable to report for duty due
to an illness should be required to call in and notify the on -duty supervisor a minimum of 2 hours
before they are due to start their shift.
An employee who is absent on sick leave for more than two (2) consecutive shifts shall be
required by his or her supervisor to provide a doctor's note in order to be paid for the sick leave.
Section 12: Bereavement Leave
When an employee is compelled to be absent from duty by reason of death or critical illness (where
death appears imminent) of a member of the employee's immediate family (father, mother,
brother, sister, spouse, children, mother-in-law, father-in-law, grandmother, grandfather,
grandchildren, grandmother -in-law, grandfather -in-law, step children, step parents, step parents -
in -law, step brother/sister-in-law, or registered domestic partner), such person will be permitted,
subject to the Chief of Police's approval, to a leave of absence with pay for up to the equivalent to
one work week (37 5 40 OR 47.5 hours) based on the individual employee's regular schedule
twenty five (25) hours ever twe shifts, whieh may, but need not be, eonsectitive. An employee
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.
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Effeetive August 1, 2014, Auto insumnee Pfegram fef all employees shall be diseentinued.
Section 134: Deferred Compensation
Employees are eligible to participate in the City's Deferred Compensation Program.
Section 144-: Other City Employee Programs
Employees are eligible to participate in all City sponsored programs passed by City Council
Resolutions that are intended to benefit all employees in the areas of, but are not limited to, the
following:
• Buyback of military leave for PERS retirement time
• Computer loan purchase plan
• Corrective eye surgery plan
• Hearing aid devise plan
• Tuition reimbursement plan
• Family Medical Leave Act (FMLA)
Section 15: City Vehicle
The Police Sergeant assigned to detective duties shall be allowed to take his/her assigned Citv
vehicle home.
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ARTICLE EIGHT
WORK SCHEDULE AND ABSENCES
Section 1: Provisions
The Vernon Chief of Police at his sole discretion shall establish the work schedule.
Section 2: Work Schedule 3/12 Plan
Law Enforcement agencies are allowed to establish a work period of any length between seven
(7) and twenty-eight (28) consecutive days. At the City, employees must work one hundred sixty
(160) hours per twenty-eight (28) day cycle. In order to be compliant, employees will work three
(3), twelve and one half hour (12 1/2) days per week with a ten (10) hour
payback per month, without incurring any overtime.
In the event the City needs to adjust any work schedule, the City agrees that no such
modification will be conducted without first notifying the effected employee a minimum of 10
days prior to the change, unless agreed to by the effected employee(s) and the Chief of Police
or his designee.
The City agrees to continue the 3/12 Plan for employees assigned to patrol, with the exception
of specific assignments. The VPOBA agrees that the City may, at its sole discretion and at any
time, terminate the 3/12 Plan. The VPOBA agrees that the termination of the 3/12 Plan is not
subject to the grievance procedure or any other administrative review and that the 3/12 Plan is
not and shall not become a vested right in any manner, and that a decision to terminate such 3/12
Plan is subject to the meet and confer process.
Section 3: Shift and Code Seven Policy:
Patrol personnel shall work a twelve- and -one-half (121/2) hour shift. The first one-half hour shall
be used for briefing and training purposes. Lunch time (Code 7) shall be part of the shift and is
compensable.
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Section 4: Sergeants
Patrol sergeants are entitled to eight (8) months of weekends off per year (including Saturday and
Sunday, day -and Monday). In the event there is a need to adjust a Patrol Sergeant's
work schedule due to staffing issues, no such modification will be conducted without first notifying
the affected Sergeant a minimum of 10 days prior to the schedule adjustment. There may be an
exception to the minimum schedule change notice if the affected Sergeant is an agreement to an
immediate change in his/her work schedule.
Section 5: Shift Trades
The practice of shift trading shall be voluntary on behalf of each employee involved in the trade.
A shift trade must be pre -approved by a supervisor. The trade must be due to the employee's desire
or need to attend to a personal matter and not due to the department's operations. The employee
providing the trade shall not have his/her compensable hours increased as a result of the trade; nor
shall the employee receiving the trade have his/her compensable hours decreased as a result of the
trade.
If one individual fails to appear for the other (regardless of the reason), the person who was
scheduled as a result of the shift trade will be listed as absent without leave and may be subject to
discipline.
Any premium pay or other extra compensation shall continue to accrue only to the person
originally entitled to the premium pay or extra compensation. Any hours worked beyond the
normal work day will be credited to the individual actually doing the work. "Paybacks" of shift
trade are the obligation of the two employees involved in the trade. "Paybacks" are to be completed
within one (1) calendar year of the date of the initial shift trade.
Any dispute as to the "paybacks" is to be resolved by the involved employees, and under no
38
circumstances will the department be obligated for any further compensation whatsoever to any of
the involved employees. The department is not responsible in any manner for hours owed to
employees by other employees that leave the employment of the City or are assigned other duties.
A record of all initial shift trades and "paybacks' shall be maintained by the involved employees
on forms provided by the Department.
Section 6: Early Relief
The practice of early shift relief shall be voluntary on behalf of each employee involved in the
relief. The employee providing the early relief shall not have his/her compensable hours increased
as a result of the early relief; nor shall the employee relieved early have his/her compensable hours
decreased as a result of the early relief.
-Paybacks" of early relief hours are the sole obligation of the two employees involved in the
early relief. Any dispute is to be resolved by the involved employees, and under no circumstances
will the Department be obligated for any further compensation whatsoever to any of the involved
employees. The Department is not responsible in any manner for hours owed to employees by
other employees who leave the employment of the City or are assigned other duties.
Section 7: Staffing
The City agrees, at the minimum, to meet and discuss any newly budgeted sworn position to
determine special assignment pay, as appropriate.
39
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
40
If the Association or employee(s) is not satisfied with the result of the meeting with the Chief of
Police, the grievant may request the matter be heard by the City Administrator or designee, or the
Association may choose to have the matter heard by an impartial hearing officer (arbitrator).
Should the matter be submitted directly to the City Administrator or designee, he/she shall meet
with the Association and/or employee(s) within eight (8) days of receipt of the grievant' s written
notice. If the Association and/or employee(s) elects to have the matter heard by the City
Administrator or designee, the Association and/or employee(s) waives the right to have the matter
heard by an arbitrator. Within eight (8) days of hearing the grievance, the City Administrator shall
provide his/her decision, in writing, to the Association and employee(s). The decision of the City
Administrator shall be final and binding, subject to the option of the employee to bring a
proceeding pursuant to Code of Civil Procedure sections 1094.5 and 1094.6.
If the Association elects arbitration, costs of the arbitration shall be shared equally between the
Association and the City. A court reporter shall be retained only by mutual consent of the
parties. The costs of the arbitration, including the court reporter, shall be divided in half (i.e.
50150) by the parties. Attorney fees, staff time and witness fees shall not be shared between the
parties and shall be paid by the party that incurred the cost. If only one party wishes to retain a
court reporter, the requesting party shall bear the cost of said reporter.
If the Association elects arbitration, the City shall request a list of seven (7) arbitrators registered
with the American Arbitration Association, California State Conciliation Service or some other
mutually agreed upon source within ten (10) days of the Association's request. If the parties are
unable to agree on an arbitrator from that list, an arbitrator will be selected by the parties alternately
striking names from the list until only one (1) name remains. The selected arbitrator shall serve
as the hearing officer. All arbitration proceedings arising under the Grievance procedure shall be
governed by the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division
3 of Title 2 of the California Government Code.
Within eight (8) days of receipt of the arbitrator's recommendation, the City Administrator shall
provide his/her decision, in writing, to the Association and employee(s). The recommendation of
an arbitrator shall be advisory to the City Administrator or designee. The decision of the City
Administrator shall be final and binding, subject to the option of the employee to bring a
proceeding pursuant to Code of Civil Procedure sections 1094.5 and 1094.6.
11
All time limits specified in the foregoing procedure may be waived only by mutual written
agreement.
42
ARTICLE TEN
DISCIPLINE & DISCIPLINARY APPEALS PROCEDURE
A. DISCIPLINARY ACTIONS
The tenure of every City employee shall be based on reasonable standards of personal conduct and
job performance. Failure to meet such standards shall be grounds for appropriate disciplinary
action, which shall be commensurate with the seriousness of the offense and with consideration of
the employee's personnel file. Progressive discipline will be used; however, this does not preclude
the City from taking disciplinary action, up to and including termination, for an incident for which
there is no prior documentation as long as the disciplinary action is warranted and is based on just
cause.
The procedures herein shall be followed when, in the judgment of the Chief of Police, an employee
has committed an act or omission that justifies discipline. The Chief of Police or his/her designee
shall advise employees of contemplated disciplinary actions in writing and allow the employee an
opportunity to respond to such charges prior to taking final action.
Disciplinary actions should be documented in the employee's official personnel file. Performance
deficiencies documented in the employee's performance evaluation as "does not meet standards"
may be the basis for disciplinary action if the employee fails to correct those performance
deficiencies within the time period designated by his/her supervisor. To the extent possible,
performance deficiencies or other causes for discipline will be documented in the employee's
personnel file.
Upon the City receiving authorization from the employee, the City will provide the Association
with all written notices of discipline given to employees represented by Association. The written
notice of discipline will also inform the employee that he/she has the right to consult with the
Association with regard to the disciplinary action being taken.
Nothing in this article shall preclude the Chief of Police or his/her designee from ordering a public
safety officer to cooperate with other agencies involved in criminal investigations, except where
the public safety officer may be the focus of the investigation. If an officer fails to comply with
such an order, the officer may be officially charged with insubordination.
Mi
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 proposed
action, including the rule or standard of conduct allegedly violated, the proposed discipline and
the charge(s) being considered.
44
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
hearings as may be required to determine if disciplinary action is to be taken. If the charges and/or
45
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. 50150) the arbitration -related expenses, excluding attorney fees,
expert witness(es) and staff time.
2. The City shall request a list of seven (7) arbitrators registered with the American
Arbitration Association, California State Conciliation Service or some other agreed upon
source within ten (10) days of the employee's request. If the parties are unable to agree
on an arbitrator from that list, an arbitrator will be selected by the parties alternately
striking names from the list until only one (1) name remains.
3. The selected arbitrator shall serve as the hearing officer.
46
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.
47
ARTICLE ELEVEN
MANAGEMENT RIGHTS
The City retains all its exclusive rights and authority under State and Federal law and expressly
and exclusively retains its management rights, which include, but are not limited to:
A. The exclusive right to determine the mission of its constituent departments,
commissions, and boards.
B. Set standards and levels of service.
C. Determine the procedures and standards of selection for employment and
promotions.
D. Direct employees.
E. Establish and enforce dress and grooming standards.
F. Determine the methods and means to relieve its employees from duty because of
lack of work or other lawful reasons.
G. Maintain the efficiency of governmental operations.
H. Determine the methods, means and numbers and kinds of personnel by which
government operations are to be conducted.
I. Determine the content and intent of the job classifications.
J. Determine methods of financing.
K. Determine style and/or types of city -issued wearing apparel, equipment or
technology to be used.
L. Determine and/or change the facilities, methods, technology, means, organizational
structure and size and composition of the work force and allocate and assign work
by which the City operations are to be conducted.
M. Determine and change the number of locations, relocations and type of operations
processes and materials to be used in carrying out all city functions, including, but
not limited to, the right to contract for or subcontract any work or operations of the
City.
N. Assign work to and schedule employees in accordance with requirements as
determined by the City and to establish and change work schedules and
assignments upon reasonable notice.
48
O. Establish and modify productivity and performance programs and standards.
P. Discharge, suspend, demote, reprimand, withhold salary increases and benefits, or
otherwise discipline employees in accordance with applicable state law.
Q. Establish employee performance standards including, but not limited to,
quality and quantity standards, and to require compliance therewith.
R. Take all necessary actions to carry out its mission in emergencies.
S. Exercise complete control and discretion over its organization and the technology
of performing its work.
The exercise of such rights shall not preclude employees or their representatives from meeting and
conferring or meeting and consulting, as required by law, with management representatives.
CITY OF VERNON
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
SIGNATURE PAGE
VERNON POLICE OFFICERS
BENEFIT ASSOCIATION
Gustavo Herrera
Vice President
Lorenzo Gaytan
Negotiating Committee
Jose Ramos
Board Member/Negotiating
Committee
Robert Todd
Attorney
APPROVED AND ADOPTED BY THE CITY COUNCIL ON
RESOLUTION NO.
ATTEST:
Deborah Harrington
Interim City Clerk
50
Dated:
PER
FULLY EXECUTED
AGREEMENT
SIGNATURE ROUTING FORM
CONTRACTOR: Vernon Police Officers' Benefit 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 17 MATERIALS ❑ BUDGETED ❑ NOT BUDGETED
TOTAL CONTRACT VALUE:
Charge Acct. Nola)
Amendment Value $ ❑ Contract is an Amendment to Eden Contract No. (if applicable)
RESPONSIBLE DEPARTMENT PERSON: Michael Earl PHONE: ext. 239
AUTHORIZATION: VApproved by Council on 09/06/2019
(Check one and attach Resolution No. 2019-32 (if applicable)
supporting documentation)
❑ Approved by City Administrator on
❑ Approved by Finance Director on
ROUTING SEOUENCE: (Please Follow In Order)
Initials Date
(1) Responsible Department Person
Certifies compliance with Competitive Bidding and Purchasing Ordinance,
obtains approval from City Council/City Administrator/Finance Director, and obtains
/
approval as to form from the City Attorney's Office, assembles two (2) originals of contract,
obtains proper signatures from contractor/consultant pursuant to the signature requirements,
obtains insurance & bond documents, notifies IT to remove related RFP/bid notice from the
City's website (if applicable), enters contract into Eden once routing process is complete.
(2) Liability and Claims
Approves insurance and sureties, if bonds required.V—
(3) Finance (Purchasing) l IGIZo
Checks compliance with Competitive Bidding & Living Wage Ordinances -LV—
and reflected in current budget.
(4) City Attorney
Approves contract as to form. 1 NI
(5) City Signatory
nd-
Signs document on behalf of City.
(6) City Clerk
Attests signatures, numbers and files contract, enters contract documents
(executed contract, supporting documentation, insurance and bonds, etc.) into Laserfiche,
transmits duplicate original to contractor/consultant, notifies Responsible Department Person,
and notifies any `consultant" of duties to file Form 700, if applicable.
Rev. 641017
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
nami
VERNON POLICE OFFICERS' BENEFIT ASSOCIATION
July 1, 2019 through June 30, 2022
TABLE OF CONTENTS
Parties to the Memorandum of Understanding....................................................................
6
ARTICLE ONE: FUNDAMENTALS
Section1:
Recognition................................................................................................
7
Section 2:
No Discrimination.......................................................................................
7
Section 3:
Mutual Cooperation...................................................................................
7
Section4:
Layoffs.........................................................................................................
7
Section 5:
No Strikes or Lockouts.................................................................................
7
Section 6:
City / VPOBA Meetings............................................................................
8
Section 7:
Association Business...................................................................................
8
ARTICLE TWO: LEGAL LIMITATIONS, SAVINGS CLAUSE& TERM
Section 1:
Legal Limitations and Savings Clause........................................................
9
Section2:
Term............................................................................................................
9
Section 3:
Maintenance of Existing Conditions............................................................
9
Section 4:
Modification and Waiver...........................................................................
10
Section5:
Severability, ................................................................................................
10
ARTICLE THREE: SALARIES
Sectionl:
Police Officers..............................................................................................
I
Section2:
Sergeants.......................................................................................................12
Section3:
Merit Steps...................................................................................................12
Section 4:
Salary Adjustment Increase.........................................................................
13
Section5:
Premium Pay.................................................................................................13
Section6:
BilingualPay.................................................................................................13
Section 7:
"P.O.ST." Certificate Incentive.....................................................................13
Section8:
Shooting Pay.................................................................................................14
Section 9:
Field Training Officer..................................................................................
14
2
Section 10:
Canine Handlers...........................................................................................
14
Section 11:
Motor Officers................................................................................:............
15
Section 12:
Relief Sergeant..............................................................................................
15
Section 13:
Police Corporal Assignment — Lead Premium Pay ........................................
15
ARTICLE FOUR: LONGEVITY
Section 1:
Employees Hired Before July 1, 1995.........................................................
16
Section 2:
Employees Hired On or After July 1, 1995.................................................
17
ARTICLE FIVE: OVERTIME
Section 1:
Overtime Authorization.................................................................................
18
Section 2:
FLSA Overtime.............................................................................................
18
Section3:
Comp Time...................................................................................................
18
Section 4:
Leave Time Inclusion..................................................................................
19
Section 5:
Training and Recertification.........................................................................
19
Section 6:
Court Attendance and "Stand By" Time .......................................................
19
Section7:
Call Backs.....................................................................................................
21
Section8:
Jury Duty.......................................................................................................
22
Section 9:
Non-Compensable..........................................................................................
22
ARTICLE SIX: UNIFORMS, ALLOWANCE AND SAFETY EQUIPMENT
Section 1: Uniform Allowance...................................................................................... 24
Section 2: Summer Uniforms.......................................................................................... 24
Section 3: Safety Equipment.......................................................................................... 24
3
ARTICLE SEVEN: BENEFITS
Section l:
Public Employees Retirement System..........................................................
25
Section 2:
Supplemental PERS Benefits......................................................................
25
Section3:
Medical..........................................................................................................
26
Section 4:
Cafeteria Plan.................................................................................................
26
Section5:
Dental Plan.....................................................................................................
26
Section6:
Vision Plan.....................................................................................................
27
Section7:
Life Insurance................................................................................................
27
Section 8:
Retirees Medical..........................................................................................
27
Section 9:
Vacation Time..............................................................................................
29
Section 10:
"In Lied' Holiday Time.................................................................................
29
Section11:
Sick Leave.....................................................................................................
30
Section 12:
Bereavement Leave......................................................................................
30
Section 13:
Deferred Comp..............................................................................................31
Section 14:
Other City Employee Programs.....................................................................
31
ARTICLE EIGHT: WORK SCHEDULE AND ABSENCES
Section1:
Provisions....................................................................................................
32
Section 2:
Work Schedule 3/12 Plan..............................................................................
32
Section 3:
Shift and 7 Code Policy.................................................................................
32
Section4:
Sergeants......................................................................................................
33
Section5:
Shift Trades..................................................................................................
33
Section6:
Early Relief...................................................................................................
34
Section7:
Staffing..........................................................................................................
34
ARTICLE NINE: GRIEVANCE PROCEDURE
Grievance Procedure Steps.................................................................................................. 35
ARTICLE TEN: DISCIPLINE PROCEDURE
DisciplineProcedures.......................................................................................................... 38
4
Management Rights
ARTICLE ELEVEN: MANAGEMENT RIGHTS
SIGNATURE PAGE
.43
Signatures............................................................................................................................ 45
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
AND
VERNON POLICE OFFICERS' BENEFIT ASSOCIATION
Parties to the Memorandum of Understanding
Pursuant to Chapter 10 (section 3500 et seq) of Division 4, Title t of the Government Code and
Resolution No. 4027, the Resolution for the administration of Employer -employee relations, the
matters within the scope of representation that are set forth in this Memorandum of Understanding
(MOU) have been discussed by and between representatives of the City of Vernon and the
representatives of the Vernon Police Officers' Benefit Association (hereinafter "VPOBA") and
except as otherwise specifically provided herein shall apply only to those defined in the aforesaid
Resolution as "full-time and regular part-time employees in the Police Department except
management and confidential employees" (Section 8B(2) "Group 2"), otherwise known as Police
Officers and Sergeants.
This MOU constitutes a joint agreement by the Municipal Employee Relations Representative
(`MERR") and the VPOBA, to be submitted to the City Council of Vernon for its determination
and approval by one or more Resolutions or Ordinances as the City Council may deem fit and
proper.
The MERR and the Representative of the VPOBA have agreed that they will jointly urge the City
Council of Vernon to adopt one or more Resolutions or Ordinances reflecting the changes in
wages, hours, and other conditions of employment agreed upon in this MOU.
If approved, the terms agreed upon by this MOU shall be effective as of July 1, 2019, and shall
expire at midnight on June 30, 2022.
IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN STATED, the VPOBA
and the City of Vernon agree as follows:
ARTICLE ONE
FUNDAMENTALS
Section 1: Recognition
The City of Vernon recognizes the Vernon Police Officers' Benefit Association ("VPOBA") as
the certified majority representative of the employees, comprised of Police Officers and Sergeants,
as the exclusive representative of the employees for purposes of collective bargaining for all terms
and conditions within this Memorandum of Understanding.
Section 2: No Discrimination
The provisions of this Memorandum of Understanding shall be applied equally to all employees
covered hereby. Neither the City nor the VPOBA shall discriminate against any individual,
applicant or employee with respect to his compensation, terms, condition, or privileges of
employment or because of an individual's race, color, sex, religion, national origin, age, marital
status, disability, pregnancy, sexual orientation, political or religious opinions or affiliations, or
membership or non -membership in the VPOBA.
Section 3: Mutual Cooperation
The parties recognize the necessity of cooperating on matters of mutual concern and interest and
agree to work together to maximize the effectiveness of the Police Department and the City and to
accomplish legislative and funding goals in their mutual interest.
Section 4• Layoffs
In accordance with the Meyers-Milias Brown Act, the City and the Association shall meet and
confer on the effect of its actions to layoff. This will occur prior to implementation of layoffs,
except in emergency circumstances wherein the City Council declares a fiscal emergency
pursuant to Article D, Chapter 2.2 of the City of Vernon City Charter. The agreement to meet
and confer over the effect of the exercising of a City right shall not in any way impair the right
of the City to exercise and implement any of its rights to layoff.
Section 5: No Strikes or Lockouts
During the life of this agreement no work stoppages, strikes, slowdowns, or picketing shall be
caused or sanctioned by the VPOBA, and no lockouts shall be made by the City.
Section 6: CitvNPOBA Meetings
Representatives from the VPOBA and the City shall meet as needed to discuss issues of mutual
concern.
Section 7: Association Business
Representatives of the VPOBA shall be allowed time to conduct their Association business as
necessary during work hours. Coordination of such work will be made with the Chief of Police to
ensure the availability of staffing levels for such meetings.
The VPOBA President will have available to him/her a total of 200 hours of Association Leave
Time at the beginning of each calendar year for conducting Association business off -duty during
time he/she and/or any of his Association board members would be regularly scheduled to work.
A. The VPOBA President will be responsible for assigning any Association Leave Time
to his board members. Unused hours may not be carried over from one year to the
next without the written authorization of the Police Chief or his/her designee.
B. In each case where Association Leave Time is requested, such request must be in
writing to the Police Chief or his/her designee or above a minimum of 72 hours
before the Dave Time is needed unless authorized in writing by the Police Chief or
his/her designee.
C. Association Leave Time will not be granted if it will cause overtime unless it is
authorized in writing by the Police Chief or his/her designee.
D. In no case will Association Leave Time be used for political action purposes.
ARTICLE TWO
LEGAL LIMITATIONS, SAVINGS CLAUSE, AND TERM
Section 1: Legal Limitations and Savings Clause
It is understood and agreed that this Memorandum of Understanding (including, but not limited to,
the provisions of the Fair Labor Standards Act) and any and all Resolutions or Ordinances adopted
in implementation thereof are and shall be subject to all present and future applicable federal and
state laws and regulations and shall be effective and implemented only to the extent permitted by
such laws and regulations.
If any pan 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 pan 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 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 the Memorandum of Understanding, subject to the requirements of the Meyers-Milias-Brown
Act and the Public Safety Officers' Procedural Bill of Rights Act.
Section 5: Severability.
In the event that a court finds any provision(s) of this Memorandum of Understanding to be
invalid or unenforceable, the parties intend that the remaining provisions remain in effect. The
parties further agree to meet and confer for purposes of negotiating an alternative to any
provision declared invalid or unenforceable.
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ARTICLE THREE
SALARIES
(a) Effective July 1, 2014, Police Officers and Police Sergeants who were hired or promoted
before July 1, 2014 and have not attained their maximum salary step shall be grandfathered
into their current salary grade and step.
(i) Effective September 1, 2014, Police Officers only who have not attained their maximum
salary step in the grandfathered salary plan shall be placed at the top step of their current
grade and thereafter their respective salaries shall be Y-rated and frozen during the term of
this contract.
(b) Effective July 1, 2014, employees who have attained the maximum step of their current
salary grade and are above the maximum recommended 75" percentile grade and step plan
shall be Y-rated and thereafter their respective salaries frozen during the tern of this
contract.
(c) Effective July 1, 2014, employees represented in the Police Officers Benefit Association
who are hired or promoted on or after July 1, 2014 shall be placed at the appropriate step
within the proposed grade and step pay plan as a result of the city wide classification and
compensation study based upon the 75"percentile.
(i) Effective the first full pay period in July 2019, employees represented in the Police
Officers Benefit Association (excluding Y-rated and grandfathered employees) shall
receive a 1% cost of living increase.
(ii) Effective the first full pay period in July 2020, employees represented in the Police
Officers Benefit Association (excluding Y-rated and grandfathered employees) shall
receive a I% cost of living increase.
(iii) Effective the first full pay period in July 2021, employees represented in the Police
Officers Benefit Association (excluding Y-rated and grandfathered employees) shall
receive a 1% cost of living increase.
Section 1: Police Officer
Police Officer with 1% COLA
Sal Range PO 26
Step
Effective
7n/2019
Effective
7/5/2020
Effective
7/4/2021
1
$ 6,686
$ 6,753
$ 6,820
2
$ 7,020
$ 7,090
$ 7,161
3
$ 7,371
$ 7,445
$ 7,519
4
$ 7,740
$ 7,817
$ 7,895
5
$ 8,127
$ 8,208
$ 8,290
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Section 2: Police Sergeant
Sergeant with 1 % COLA
Sal Range PO 31
Step
Effective
7n/2019
Effective
7/5/2020
Effective
7/4/2021
I
$
8,533
$ 8,618
$ 8,704
2
$
8,960
$ 9,049
$ 9,139
3
$
9,407
$ 9,501
$ 9,596
4
$
9,878
$ 9,977
$ 10,076
5
$ 10,372
$ 10,475
$ 10,580
Section 3: Merit Steps
Salary increases to higher pay grade steps are merit steps only, and shall be available to employees
as recognition and reward for satisfactory services with the time frames described in the Personnel
Policies and Procedures, Performance Evaluation Policy. Merit increases to any said step shall
remain the sole discretion of the City Council.
Employees who are not at the top step of their Classification Compensation Plan and who achieve
an overall "above average" ranking during their annual performance review in accordance with
the City's Performance Evaluation Policy will receive one merit salary advance on the first full
pay period in July. Employees shall continue to receive their annual evaluations as scheduled in
the City's Performance Evaluation Policy and employees may receive more than one annual merit
salary advance during the term of this Agreement.
Notwithstanding the above provision, any person employed in a position of Police Officer, Step 1,
shall be appointed to Step 2 upon his/her successful completion in an assigned accredited training
academy, and any person employed in a position of Police Officer, Step 2, shall be appointed to
Step 3 after serving at least six (6) months in the field and upon receiving a merit evaluation of
satisfactory/competent. Any person who qualifies for said increase shall have his/her anniversary
date for future merit increases established as of the date said officer is appointed to said Step.
Section 4: Salary Adjustment Increase
In the event there is a salary inequity between ranks or between employees within the Department,
the Chief of Police may incorporate a service adjustment increase up to ten percent (1090) per
month of their base salary.
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Section 5: Premium Pa
In the event a Police Officer or a Sergeant is assigned to the Detective Division, the Professional
Standards Division, or an outside detail or task force, he/she shall receive premium pay equal to
five percent (5%) of his/her base pay per month, and the premium pay shall not be considered to
be part of the employee's base monthly salary when computing Peace Officers Standards and
Training (P.O.S.T.) certificate incentives; however, it shall be considered as pan of the base
monthly salary for purposes of computing overtime pay and last highest annual salary.
Section 6: Bilingual Pay
A VPOBA employee may be compensated for bilingual skills after the employee demonstrates
proficiency in speaking a foreign language (the ability to read and write in a foreign language may
also be tested, if necessary), which proficiency would be determined by successful completion of
a foreign language proficiency test designated by the Human Resources Department. Those
employees who successfully demonstrate this skill are eligible to receive an additional One
Hundred Twenty -Five Dollars ($125.00) per month for bilingual pay and shall not be considered
to be part of the employee's base monthly salary when computing Peace Officers Standards and
Training (P.O.S.T.) certificate incentives; however, it shall be considered as part of the base
monthly salary for purposes of computing the last highest annual salary.
Section 7: Peace Officers Standards and Training (`Rost") Certificate Incentive
VPOBA employees who have completed their evaluation period 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 salary, excluding all other compensation
Payment of the above -referenced incentive compensation shall not be cumulative; only the highest
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applicable incentive pay level shall apply.
Incentive pay shall be payable the month following the month during which the certificate is
granted.
P.O.S.T. certificate pay shall be considered as part of the base monthly salary for purposes of
computing the last highest annual salary.
Section S• Shooting Pay
Effective August 1, 2014, Shooting Pay for all employees shall be discontinued.
Section 9: Field Training Officers
Police Officers assigned by the Chief of Police or his/her designee, as Field Training Officers shall
receive a deferential of five percent (5%) of their base salary for the period so assigned. This 5%
deferential shall be considered a part of their base salary when calculating Longevity, SAI and
P.O.S.T certificate pay.
Each officer assigned as a Field Training Officer shall complete a P.O.S.T. approved Field
Training Officer School prior to assignment.
The number of field training officers, qualifications, and training for such assignment shall be
determined by the Chief of Police. Such assignment maybe revoked at any time without recourse
to the disciplinary procedure.
Section 10: Canine Handlers
Each member of the canine team is responsible for the care and maintenance of their assigned
Police Service Dog (PSD) both on and off duty. Each handler assigned to the canine team will be
paid three (3) hours of overtime each week. This overtime pay will compensate the handler for the
time spent providing care for their PSD outside of normal duty hours.
Section 11: Motor Officers
Each Operator shall be provided with one (1) hour off per work week for motorcycle maintenance.
Time off shall be scheduled either at the beginning or end of a shift with the Watch Commander
to ensure sufficient staffing levels.
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Section 12: Relief Sergeant
Vernon has established a Sergeant's relief position with a salary equal to the salary received by
Patrol Sergeants. The Chief of Police has the discretion to assign additional duties to the Sergeant
assigned to this position.
Section 13: Police Corporal Assignment - Lead Premium Pay
At the discretion of the Police Chief, an employee who is assigned to the Police Corporal
assignment shall be eligible to receive a five percent (5%) Police Corporal Lead Premium Pay
effective July 1, 2015. The Police Corporal Lead Premium Pay shall be in accordance with the
attached Police Corporal Program brochure and summary. The five percent (5%) premium shall
not he considered to be pan of the employee's base salary when computing other incentive pay.
15
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 10th anniversary date after July 1, 1987, shall be entitled to said ten percent (10%) per
month upon said anniversary date. Said ten percent (10%) is in place of the five percent
(5%) referenced in paragraph 1 above and not cumulative therewith.
• All eligible employees who have fifteen (15) years of service on or before July 1, 1988,
shall receive an additional fifteen percent (15%) per month of their base salary effective
July 1, 1988, and every year thereafter until reaching the next Longevity level.
Employees upon reaching their 15th anniversary date after July 1, 1988, shall be entitled
to said fifteen percent (15%) per month upon said date. Said fifteen percent (15%) is in
place of each of the amounts referenced in paragraphs l and 2 above and not cumulative
therewith.
• All eligible employees who have twenty (20) years of service on or before July 1, 1989,
shall receive an additional twenty percent (20%) per month of their base salary effective
July 1, 1989, and every year thereafter. Employees upon reaching their 20th anniversary
date after July 1, 1989 shall be entitled to said twenty percent (20%) per month upon said
16
anniversary date. Said twenty percent (20%) is in place of each of the amounts referenced
in paragraphs 1, 2 and 3 above and not cumulative therewith.
Section 2: Employees Hired on or After July 1, 1995 and on or before December 31,
2013
All employees who are hired on or after July 1, 1995 and before December 31, 2013, who attain
five (5) years of consecutive uninterrupted employment shall receive an additional five percent
(5%) per mouth of their base salary. Such employees shall be entitled to receive such five percent
(5%) increase upon reaching their 5th anniversary date. Such employees will not be entitled to
receive any additional Longevity percentage increase to their base salary for further service.
17
ARTICLE FIVE
OVERTIME
Section 1: Overtime Authorization
All overtime requests must have prior written authorization of a supervisor prior to the
commencement of such overtime work. Where prior written authorization is not feasible, explicit
verbal authorization must be obtained. Where verbal authorization is obtained, written
authorization must be obtained as soon thereafter as practicable. Dispatched calls extending
beyond the end of duty time are considered as authorized.
Section 2: F.L.S.A. Overtime
Employees required to perform in excess of the standard work period of 160 hours in a 28-day
cycle shall receive compensation at the rate of time and one-half their regular rate of pay or time
and one-half "compensatory time" for each hour worked. The regular rate of pay shall include the
following components in addition to base salary:
• P.O.S.T. Certificate Pay
• Special Assignment Pay
Section 3: Compensatory Time
Employees may not earn more than forty (40) hours of compensatory time during any FLSA 28-
day cycle. At such time as an employee cams forty (40) hours of compensatory time within a
given 28-day work cycle, any additional overtime in that cycle shall be paid to the employee at
time and one-half of his/her regular rate of pay.
Employees may not accumulate more than 240 hours of compensatory time. An employee must
be paid at the rate of time -and one-half for any overtime worked beyond the 240 hour
compensatory time "cap."
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:
18
1. Vacation
I Holiday Leave
3. Sick Leave
4. Administrative Leave
5. Compensatory Leave
6. Workers' Compensation Leave (4850 time)
7. Jury Duty
8. Bereavement Leave
9. Military Leave
10. Association Leave
Section 5: Training and Recertification Time
Training time that is required is compensable.
Recertification time that is directly related to an employee's job will be compensable if completed
during assigned work hours.
Section 6: Court Attendance and "Stand By" Time
Court Appearances
Employees shall be compensated for court appearances in the line of duty outside regular
scheduled duty hours as follows:
A. Court appearances which extend beyond an employee's normal shift assignment shall be
compensated as paid overtime. For purposes of calculating F.L.S.A. overtime pursuant to
this section of this MOU, only the actual time spent in court or traveling in a City vehicle
to and from the Station shall be credited as hours worked. Travel time to and from one's
private residence shall not be considered hours worked and shall not be compensated in
any manner whatsoever.
B. Notwithstanding the provisions of "A" above, employees required to attend court sessions
outside a scheduled work shift shall be compensated a minimum guarantee of four (4) hours
at time and one-half (1.5). The court appearance minimum of four (4) hours or court stand-
by time shall not apply to employees appearing in court during an on -duty status, whether
it be his/her regularly assigned shift or an overtime shift assignment, or employees are
receiving pay from the City for another reason (i.e., IOD or Administrative Leave).
19
C. No more than one guaranteed minimum of four (4)-hours shall be paid in any one day. In
the event an employee receives two or more court appearance notices for the same day (for
example, morning and afternoon session) the court appearance shall be for the total
accumulative hours for the day to attend court. In such cases, an employee shall be
compensated at time and one-half (1.5) at his/her regular hourly rate for court duty
assignment beyond the guaranteed minimum of four (4) hours.
D. If an employee is required to stay beyond four hours in court, the employee shall be
compensated at time and one-half (1.5) at their regular hourly rate for all hours spent in
their court duty assignment that day.
E. When an employee is scheduled for duty and a court appearance is required within one-
half (1/2) hour before his/her shift or one-half (1/2) hour after the end of his/her shift, the
employee shall not be eligible for the four (4) hour court appearance minimum. However,
the employee shall be compensated for such overtime worked at 1.5 times his/her regular
rate of pay.
F. After receiving a court appearance subpoena, an employee may not request or take vacation
(or other requested/appraved leave) on the appearance date, unless the court/subpoenaing
party approves the employee's request to reschedule. If an employee has requested or is
scheduled to be off duty on vacation (or other requested/approved leave) prior to receipt of
a subpoena, and the request to reschedule the court appearance is denied, he/she will be
eligible for the court appearance overtime provisions of this section.
Stand By Time
If an employee receives a subpoena to be placed on standby, the effected employee shall be
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
20
paid One Hundred Nineteen Dollars ($119.00). However, if said employee is required
to appear in court, he/she shall receive court appearance compensation rather than
Stand By compensation for his/her time in court.
C. The parties agree that Stand By pay shall not count toward hours worked and that the
provision complies with the F.L.S.A.
D. Alternatively, an employee (at the employee's option and with the permission of the
Chief of Police or his designee) on court Stand By may report to the police station, in
uniform, for assignment while awaiting court. Under these circumstances, an employee
shall be compensated on an hour -for -hour basis (if on overtime, at time and a half) for
time actually worked while on Stand By.
E. No additional payment other than that set forth in Section 6 of the MOU shall be made
for Court Pay.
Section 7: Ca6 Backs
Call Back duty occurs when an employee is ordered to report to duty on a non -regularly scheduled
work shift. Call Back does not occur when an employee is held over from his/her prior shift or is
working prior to his/her regularly scheduled shift. This provision is also to be distinguished from
Court pay, which is to be used when an employee is called to court.
An employee called back to duty shall be credited with a minimum of four (4) hours work. Any
hours worked in excess of four hours shall be credited on an hour -for -hour basis (at time and one-
half compensation) for actual time worked.
If the employee is ordered to return to work immediately, his work time shall be credited
commencing immediately after the employee has been directly contacted by the employer.
Section 8• jury Duty
A. All regular full-time employees summoned to serve on jury duty shall be provided "Jury
Duty Pay" and there shall be no loss of compensation. An employee will be compensated
up to two weeks at full pay for jury duty. The employee must provide notice of the
21
expected jury duty to his or her supervisor as soon as possible, but in no case later than 14
calendar days before the expected start date of the jury duty.
An employee on call for jury duty is expected to report to work. An employee who is
called in for jury duty will be required to return to work as soon as they are released from
jury duty. All employees shall obtain verification of the hours ofjury duty performed using
verification forms as may be supplied by the court.
B. Except as herein provided, employees shall remit to the City any compensation received
for those days while on jury duty and shall receive regular pay for the time served.
Employees shall he reimbursed by the City for the mileage portion of the jury duty
compensation. Jury duty performed on an employee's regular day off shall not be
compensated by the city and the employee shall be entitled only to the court's
compensation for duly performed on such employee's regular day off.
C. If an employee is required to serve on a jury for a period longer than two weeks, the
employee shall be entitled, at the employees' option, to use any accrued leave time, other
than sick time, during the period of extended jury service. The employee shall continue to
receive all paid benefits, and shall continue to accrue eligible leave benefits.
Section 9: Non-Comoensable
A. City Vehicle Use -Employees who are provided with a City vehicle to navel to and from
work shall not be compensated in any manner whatsoever for travel time to and from work.
This provision also applies in those situations where the radio must be left on and
monitored unless answering a call for service.
B. Clothes/Uniform Changing Time -Employees are not authorized to wear their uniforms
or any part thereof that is distinguishable as such unless on duty. Each employee is provided
with a locker for his/her personal convenience. Any employee may or may not utilize the
locker for storage and changing purposes at his/her own discretion.
Nothing herein prevents an employee from wearing his/her uniform to and/or from his/her
residence to work as long as the badge and insignia are covered in a non -police issue
22
garment such as a windbreaker. Employees choosing to wear their uniforms covered to
and/or from work should not wear their "Sam -Browne" belt.
Time spent in changing clothes before or after shift, or during lunch, is not considered
hours worked and is not compensable in any manner whatsoever.
C. Exempt —The Chief of Police and Captains are exempt from overtime. For purposes of
treatment of overtime, the classification of Police Sergeant shall be treated in the same
manner as Police Officers.
23
ARTICLE SIX
UNIFORMS, ALLOWANCE AND SAFETY EQUIPMENT
Section 1: Uniform Allowance
The City will pay each Group 2 employee who has completed his or her first year of service with
the City and who is on the active payroll of the Vernon Police Department the sum of One
Thousand Dollars ($I,000) per fiscal year for the purchase of uniforms and related equipment.
Such payment shall occur within the month of August of each year. Uniform allowance is special
compensation that shall be deemed earned when paid and shall be reported to CalPERS as
compensation eamable.
Section 2: Summer Uniforms
Employees who are assigned to patrol will be allowed to utilize summer uniforms (blue shirt1blue
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 Eauioment
The City shall, every three (3) years, pay one half of the cost of the member's individual body
armor if the member presents to the City a receipt for body armor that meets Departmental
specifications. If the City provides individual body armor to an employee, and the employee
accepts such body armor, then the three (3) year time period shall begin upon acceptance of the
body armor by the employee.
Employees who carry a private weapon which has been expressly approved by the Vernon Police
Department and suffer the loss or damage of such weapon in the line of duty shall be compensated
by the City of Vernon up to the amount of replacement cost of the official issue weapon of the
Vernon Police Department unless such loss or damage was caused by the employee's negligence.
24
ARTICLE SEVEN
BENEFITS
Section 1: Public Employee Retirement System ("PERS")
The City shall maintain its contract with the California Employees Public Retirement System
(PERS) that provides employees with three percent (3%) at 50 PERS retirement benefit plan.
As a result of the recent passage of AB 340 Public Employee Pension Reform (PEPRA), new
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.
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
CaIPERS contribution by paying 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(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 eleven percent (I 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 1 % of CalPERS reportable compensation for a total
contribution of twelve percent (12%).
Section 2: Supplemental PERS Retirement Benefits
The City agrees to provide additional supplemental retirement benefits to employees under PERS
as follows:
• Gov't Code Section: 20042 — One Year Final Compensation:
Final compensation is the average full-time monthly pay rate for the highest twelve (12)
consecutive months.
25
New employees hired on or after January 1, 2013 who meet the definition of new member
under PEPRA shall receive 3 Year Final Compensation.
• Gov't Code Section: 20124 - Military Service Credit as Public Service:
Employees may elect to purchase up to four (4) years of service credit.
• Gov't Code Section: 21571 — Basic Level of 1959 Survivor Benefits:
Provides surviving benefactor a monthly allowance up to four -hundred thirty dollars
(S430).
• Gov't Code Section: 21624 & 21626& 21628 - Post Retirement Survivor Allowance:
Provides surviving spouse fifty percent (50%) of the amount of retirement allowance,
dependent on option choices, in effect at the time of death of retiree.
PM
Section 3: Medical
The City offers various medical plans to employees. The City reserves the right to select,
administer, or fund any fringe benefit programs involving insurance that now exist or may exist in
the future.
The City shall meet with the Association prior to any change of insurance carrier or method
funding coverage for any fringe benefits listed in this article.
Section 4: Cafeteria Plan
The City and Association agree to a section 125 cafeteria plan (non -cash out), effective January
1, 2015. The City will adhere to the cafeteria plan requirements in accordance with IRS Section
125 regulations. The City shall provide to each employee in this bargaining unit a monthly
allowance toward the cost of his/her medical, dental, and vision plans as outlined in subsections
A, B, C, and D below.
During the term of the Agreement, for employees who elect Employee + Family coverage, the
City agrees to provide a cafeteria plan contribution equal to the total premium costs of the
Employee + Family Low Medical HMO, Employee + Family lowest cost Dental DMO and
lowest cost family vision plan. Employees enrolled in the Employee + Family health benefits
category that elect a health plan higher than the Low HMO medical, dental and/or vision, will
be responsible for any applicable premium costs through a pre-tax payroll deduction. The City
understands that this amount will vary based on the premium costs that go into effect on January
Ist of each calendar year of the tern of this Agreement. If employees opt out of dental and/or
vision, they may use the allotments for those respective coverages toward excess medical
premiums.
During the tern of the Agreement, for employees who elect Employee -Only, Employee+Spouse
and Employee + Children tiers, the City agrees to provide the same flat dollar cafeteria
contribution for medical, dental and vision benefits that the City is paying as of June 2016 for
these employee health group tiers. That amount is $1,165 per month. Employees who elect one
of these tiers must pay for their dental and vision benefits from this cafeteria contribution. The
parties understand and agree that this amount will remain fixed during the term of this
Agreement. Provided, however, should the total premium cost of the lowest cost medical HMO,
27
lowest cost Dental DMO, and lowest cost vision plan exceed the current flat rate dollar cafeteria
contribution for medical, dental, and vision benefits for any of the tiers, then the contribution for
that tier will be raised to equal the total premium costs of the Low Cost Medical HMO, lowest
cost Dental DMO, and lowest cost vision plan for that tier. Employees that elect a health plan
higher than the applicable City contribution will be responsible for any applicable premium costs
through a pre-tax payroll deduction. If employees opt out of dental and/or vision, they may use
the allotments for those respective coverages toward excess medical premiums.
For unit employees enrolled in the HSA PPO plan, the City shall pay up to the city contribution
for their specific tier as set forth in A and B above reduced by an annual amount of $3,000. In
addition, for each employee enrolled in an HSA PPO plan, annually the City shall make lump
sum contributions to a health savings account (HSA) as follows $1,500 in January, and $500
each in March, June, and September. The cost of any HSA PPO plan selected by employees that
exceeds the City contribution amount shall be paid the employee through a pre-tax payroll
deduction.
During the term of the Agreement, Employees will be allowed to opt in to the Employee +Family
plan during any open enrollment period or upon a qualifying event as prescribed by the City's
insurance provider.
Section 5• Dental
The City of Vernon provides a dental insurance plan to employees. In the event an employee
does not exceed his/her monthly employer medical allowance, the employee shall be allowed to
apply any unused portion toward the purchase of dental insurance for himself/herself and eligible
dependents. The cost of any plan selected by the employee that exceeds his/her monthly
employer medical allowance shall be paid by the employee through a pre-tax payroll deduction.
Section 6: Vision
The City of Vernon provides a vision care plan to employees. The City shall pay 100% of the cost
of such a plan for employees only. All premiums for vision coverage at each tier of coverage are
to be deducted from the total monthly city contribution for Medical, Dental, and Vision coverage.
In the event an employee does not exceed his/her monthly employer medical allowance, the
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employee shall he allowed to apply any unused portion towards the purchase of additional
provided coverage for vision care.
Section 7: Life Insurance
The City provides a $20,000 life insurance plan to employees. The City shall pay 100% of the
cost of such plan for employees. The City's agreement to pay full or partial costs of said premiums
shall not create or ripen into a vested right for said employee. In the event an employee does not
exceed his/her monthly employer medical allowance, the employee shall be allowed to apply
any unused portion towards the purchase of additional provided coverage for supplemental life
insurance.
The City's agreement to pay full or partial costs of said premiums shall not create or ripen into a
vested right for said employee; however, the City shall be obligated to pay the cost or provide said
medical, dental, vision, and life insurance benefits as described so long as this MOU remains in
effect.
Section 8: Retiree's Medical
Employees must retire from the City of Vernon under a CalPERS Benefit Formula (i.e. Age 50 or
57 Formula) to be eligible for Retiree Medical/Dental Benefits.
For employees hired by the City before July 1, 2019 the following retiree medical benefits apply:
The City shall pay up to $1,100 per month towards the employee's option of the City's medical
and dental insurance programs for the employee and his/her eligible spouse in the classifications
represented by the Vernon Police Officers Benefit Association who have been employed as sworn
Peace Officers for a minimum of twenty (20) years and a minimum of 10 years of that service has
been in the employment of the City of Vernon. The maximum $1,100 City contribution shall be
applied only toward a city provided medical and dental premium plan payment and shall have no
cash surrender value.
The City's contribution toward the Retiree Medical/Dental Benefit Plan shall continue for said
retired employee and eligible spouse up to the age of sixty-five (65). Upon reaching the age of
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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 $1,100 per month of the cost to provide any Medicare supplemental medical and dental
insurance plan offered by the City of Vernon. The City will not be the primary insurance carrier
once the retiree and/or eligible spouse reaches the age of sixty-five (65). If the retiree or eligible
spouse fails to timely obtain and maintain Medicare coverage, the City shall not be required to
provide any medical/denud benefits until such Medicare coverage is obtained and maintained. The
maximum $1,100 City contribution shall be applied only towards a City sponsored Medicare
supplemental medical and dental premium plan payment and shall have no cash surrender value.
All retired employees with a minimum of ten (10) years of continuous uninterrupted service with
the City may pay the City's premium cost for medical and dental insurance for employee only, up
to the age of sixty-five (65) after which time Medicare will become the primary insurance carrier.
The retired employee may remain on the City's supplemental insurance to Medicare at his/her cost
provided the retiree has timely obtained and maintains Medicare coverage.
Should the retired employee fail to pay his/her required cost of the insurance premium for the
City's medical/dental benefit plan for any three (3) consecutive months or, should the coverage
otherwise lapse for any reason other than City's non-payment, then the City's obligation to
maintain the retiree's medical/dental benefit plan shall automatically terminate without the need
for further notice.
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 for the employee and his/her
eligible spouse of $1, 100 or the equivalent to the then current lowest cost City offered Employee
+ Spouse medical HMO and/or dental HMO insurance premium, whichever is greater, 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.
For employees hired by the City on or after July 1, 2019, the following retiree medical benefits
apply:
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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 Officers
Benefit Association who have been employed as swom 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 Pert 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 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
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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 9: Vacations
A. Accrual
• Vacation accrual after the first year of service: 120 hours per year
• Vacation accrual after ten (10) years of service: 160 hours per year
• Vacation accrual after completion of twenty-five (25) years of service: I70 hours per
year
B. Policy
Employees may take all or part of their vacation in increments of one-fourth (1/4) hour or
more, as determined by the Police Chief at his/her discretion with due regard for the wishes
of the employee and the needs of the Department.
Any request will be honored only if, in the opinion of the Police Chief or his/her designee,
the manpower or service level on the day or days and at the times requested is adequate to
pen -nit granting such a request.
Vacation time provided for herein shall be accumulated from calendar year to calendar
year, and shall be compensated for if not utilized during said period.
Section 10: "In Lied' Holidays
Employees shall receive one hundred and ten (110) "in lied' holiday hours per fiscal year. "in
lied' holidays will be credited to each employee on each July lin which he/she is on the active
payroll of the Department, including those on "Light Duty," in a classification represented by the
VPOBA, and must be taken prior to the immediately following July 1.
"In lied" 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 lied" holidays, if not taken, shall not be paid for except if the employee was denied an
opportunity to take them off during the fiscal year for which such "in lied' holidays were granted.
In that case only, the employee shall be paid for said "in lied' holidays not taken with his/her
first possible payroll check on or after July l of the fiscal year following the year for which the
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"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 yew, provides one or more additional holidays to the
miscellaneous employees in addition to those holidays provided for in Resolution No. 8764,
Employees shall receive the same number of any additional holidays. Any additional "in lieu"
holiday time received by employees will be for a maximum of ten (10) hours per day received.
Section 11: Sick Leave
Employees only receive sick leave accrual while they are in a paid status. Employees shall accrue
sick time at a rate of 3.08 hours per pay period (80 hours annually), with a maximum cap of 960
hours. Upon reaching the cap, employees will continue to accrue sick leave provided; however, in
or about 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.
If an employee separates or terminates employment with the City, they shall be compensated for
any accrued sick leave hours at the time of separation not to exceed 960 hours. Employees that
separate from service with more than 20 years of service credit shall be compensated at 100% of
their current pay rate applied to the first 480 sick leave hours and 50% for their remaining hours
up to the cap of 960 hours. Employees with less than 20 years of service shall be compensated at
50% of their then current pay rate up to the cap of 960 hours. Employees shall have the option of
obtaining service credit for the accrued, unused sick leave hours instead of a cash payment pursuant
to California Government Code Section 20965.
Employees are expected to contact their supervisor or Department head as soon as possible to
report a sick leave time off notification and provide appropriate information on the nature of the
illness or injury and the expected duration of the time off. Employees unable to report for duty
due to an illness should be required to call in and notify the on -duty supervisor a minimum of 2
hours before they are due to start their shift.
An employee who is absent on sick leave for more than two (2) consecutive shifts shall be
required by his or her supervisor to provide a doctor's note in order to be paid for the sick leave.
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Section 12: Bereavement Leave
When an employee is compelled to be absent from duty by reason of death or critical illness (where
death appears imminent) of a member of the employee's immediate family (father, mother,
brother, sister, spouse, children, mother-in-law, father-in-law, grandmother, grandfather,
grandchildren, grandmother -in-law, grandfather -in-law, step children, step parents, step parents -
in -law, step brother/sister-in-law, or registered domestic partner), such person will be permitted,
subject to the Chief of Police's approval, to a leave of absence with pay for up to the equivalent to
one work week (37.5, 40, OR 47.5 hours) based on the individual employee's regular schedule.
Employees will be allowed to utilize their vacation time, any compensatory time, or any "in lieu"
holiday time that is due to the employee, in order to lengthen such bereavement time.
The employee shall furnish satisfactory evidence of such death or critical illness to the Chief of
Police, if requested.
Section 13: Deferred Compensation
Employees are eligible to participate in the City's Deferred Compensation Program.
Section 14: Other City Employee Programs
Employees we eligible to participate in all City sponsored programs passed by City Council
Resolutions that are intended to benefit all employees in the areas of, but are not limited to, the
following:
• Buyback of military leave for PERS retirement time
• Computer loan purchase plan
• Corrective eye surgery plan
• Hearing aid devise plan
• Tuition reimbursement plan
• Family Medical Leave Act (FMLA)
Section 15: City Vehicle
The Police Sergeant assigned to detective duties shall be allowed to take his/her assigned City
vehicle home.
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ARTICLE EIGHT
WORK SCHEDULE AND ABSENCES
Section 1: Provisions
The Vernon Chief of Police at his sole discretion shall establish the work schedule.
Section 2: Work Schedule 3/12 Plan
Law Enforcement agencies are allowed to establish a work period of any length between seven
(7) and twenty-eight (28) consecutive days. At the City, employees must work one hundred sixty
(160) hours per twenty-eight (28) day cycle. In order to be compliant, employees will work three
(3), twelve and one half hour (12 1/2) days per week with a ten (10) hour payback per month,
without incurring any overtime.
In the event the City needs to adjust any work schedule, the City agrees that no such
modification will be conducted without first notifying the effected employee a minimum of 10
days prior to the change, unless agreed to by the effected employee(s) and the Chief of Police
or his designee.
The City agrees to continue the 3/12 Plan for employees assigned to patrol, with the exception
of specific assignments. The VPOBA agrees that the City may, at its sole discretion and at any
time, terminate the 3/12 Plan. The VPOBA agrees that the termination of the 3/12 Plan is not
subject to the grievance procedure or any other administrative review and that the 3/12 Plan is
not and shall not become a vested right in any manner, and that a decision to terminate such 3/12
Plan is subject to the meet and confer process.
Section 3: Shift and Code Seven Policy
Patrol personnel shall work a twelve -and -one-half (12 1/2) hour shift. The first one-half hour shall
be used for briefing and training purposes. Lunch time (Code 7) shall be part of the shift and is
compensable.
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Section 4• Sereeants
Patrol sergeants are entitled to eight (8) months of weekends off per year (including Saturday and
Sunday). In the event there is a need to adjust a Patrol Sergeant's work schedule due to staffing
issues, no such modification will be conducted without first notifying the affected Sergeant a
minimum of 10 days prior to the schedule adjustment. There may be an exception to the minimum
schedule change notice if the affected Sergeant is an agreement to an immediate change in his/her
work schedule.
Section 5• Shut Trades
The practice of shift trading shall be voluntary on behalf of each employee involved in the trade.
A shift trade must be pre -approved by a supervisor. The trade must be due to the employee's
desire or need to attend to a personal matter and not due to the department's operations. The
employee providing the trade shall not have his/her compensable hours increased as a result of the
trade; nor shall the employee receiving the trade have his/her compensable hours decreased as a
result of the trade.
If one individual fails to appear for the other (regardless of the reason), the person who was
scheduled as a result of the shift trade will be listed as absent without leave and may be subject to
discipline
Any premium pay or other extra compensation shall continue to accrue only to the person
originally entitled to the premium pay or extra compensation. Any hours worked beyond the
normal work day will be credited to the individual actually doing the work. "Paybacks" of shift
trade are the obligation of the two employees involved in the trade. "Paybacks" are to be completed
within one (1) calendar year of the date of the initial shift trade.
Any dispute as to the "paybacks" is to be resolved by the involved employees, and under no
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circumstances will the department be obligated for any further compensation whatsoever to any of
the involved employees. The department is not responsible in any manner for hours owed to
employees by other employees that leave the employment of the City or are assigned other duties.
A record of all initial shift trades and "paybacks' shall be maintained by the involved employees
on forms provided by the Department.
Section 6: Early Relief
The practice of early shift relief shall be voluntary on behalf of each employee involved in the
relief. The employee providing the early relief shall not have his/her compensable hours increased
as a result of the early relief; nor shall the employee relieved early have his/her compensable hours
decreased as a result of the early relief.
"Paybacks" of early relief hours are the sole obligation of the two employees involved in the
early relief. Any dispute is to he resolved by the involved employees, and under no
circumstances will the Department be obligated for any further compensation whatsoever to any
of the involved employees. The Department is not responsible in any manner for hours owed to
employees by other employees who leave the employment of the City or are assigned other
duties.
Section 7• Staffing
The City agrees, at the minimum, to meet and discuss any newly budgeted sworn position to
determine special assignment pay, as appropriate.
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ARTICLE NINE
GRIEVANCE
GRIEVANCE DEFINITION
A grievance shall be defined as an allegation by an employee or the Association of a
misinterpretation, misapplication or violation of a particular provision of this MOU, City policy,
rule or past practice. The grievance procedure shall not be used in connection with an impasse in
collective bargaining, nor with disciplinary actions or other matters for which appeal procedures
exist under the Discipline and Disciplinary Actions article herein, or pursuant to statute.
DAYS
Days shall be defined for the purposes of this Article as any day in which the City Hall is open to
the public for the general conduct of business.
Step One - Immediate Supervisor
Within fifteen (15) days of the date the employee(s) knew or reasonably should have known of the
incident giving rise to the grievance, the employee(s) or the Association shall initiate the grievance
procedure by explaining the situation orally or in writing to the immediate supervisor of the
affected employee(s). The Association and/or employee(s) waives the right to proceed with the
grievance if the grievant does not initiate the procedure by this deadline. After the presentation of
the grievance to the supervisor, the supervisor shall make a decision and present his/her decision,
in writing, to the Association and employee(s) within five (5) days.
Step Two - Department Head
If the Association or employee(s) is not satisfied with the decision of the immediate supervisor,
the grievant(s) shall present the grievance, in writing, to the Chief of Police within ten (10) days
of the decision of the immediate supervisor. The Association and/or employee(s) waives the right
to proceed with the grievance if the grievant(s) does not act by this deadline. Within five (5) days,
the Chief of Police, or the designee of the Chief of Police, shall meet with the Association and
employee(s) to hear the grievance. Within five (5) days of hearing the grievance, the Chief of
Police or designee shall present his/her decision, in writing, to the Association and employee(s),
with copies to the Human Resource Director and the City Administrator.
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Step Three - City Administrator/Advisory Arbitration
If the Association or employee(s) is not satisfied with the result of the meeting with the Chief of
Police, the grievant may request the matter be heard by the City Administrator or designee, or the
Association may choose to have the matter heard by an impartial hearing officer (arbitrator).
Should the matter be submitted directly to the City Administrator or designee, he/she shall meet
with the Association and/or employee(s) within eight (8) days of receipt of the grievant' s written
notice. If the Association and/or employee(s) elects to have the matter heard by the City
Administrator or designee, the Association and/or employee(s) waives the right to have the matter
heard by an arbitrator. Within eight (8) days of hearing the grievance, the City Administrator shall
provide his/her decision, in writing, to the Association and employee(s). The decision of the City
Administrator shall be final and binding, subject to the option of the employee to bring a
proceeding pursuant to Code of Civil Procedure sections 1094.5 and 1094.6.
If the Association elects arbitration, costs of the arbitration shall be shared equally between the
Association and the City. A court reporter shall be retained only by mutual consent of the
parties. The costs of the arbitration, including the court reporter, shall be divided in half (i.e.
50/50) by the parties. Attorney fees, staff time and witness fees shall not be shared between the
parties and shall be paid by the party that incurred the cost. If only one party wishes to retain a
court reporter, the requesting party shall bear the cost of said reporter.
If the Association elects arbitration, the City shall request a list of seven (7) arbitrators registered
with the American Arbitration Association, California State Conciliation Service or some other
mutually agreed upon source within ten (10) days of the Association's request. If the parties are
unable to agree on an arbitrator from that list, an arbitrator will be selected by the parties alternately
striking names from the list until only one (1) name remains. The selected arbitrator shall serve
as the hearing officer. All arbitration proceedings arising under the Grievance procedure shall be
governed by the provisions of Chapter 5 (commencing with Section 11500) of Part l of Division
3 of Title 2 of the California Government Code.
Within eight (8) days of receipt of the arbitrators recommendation, the City Administrator shall
provide his/her decision, in writing, to the Association and employee(s). The recommendation of
an arbitrator shall be advisory to the City Administrator or designee. The decision of the City
Administrator shall be final and binding, subject to the option of the employee to bring a
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proceeding pursuant to Code of Civil Procedure sections 1094.5 and 1094.6.
All time limits specified in the foregoing procedure may be waived only by mutual written
agreement.
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ARTICLE TEN
DISCIPLINE & DISCIPLINARY APPEALS PROCEDURE
A. DISCIPLINARY ACTIONS
The tenure of every City employee shall be based on reasonable standards of personal conduct and
job performance. Failure to meet such standards shall be grounds for appropriate disciplinary
action, which shall be commensurate with the seriousness of the offense and with consideration of
the employee's personnel file. Progressive discipline will be used; however, this does not preclude
the City from taking disciplinary action, up to and including termination, for an incident for which
there is no prior documentation as long as the disciplinary action is warranted and is based on just
cause.
The procedures herein shall be followed when, in the judgment of the Chief of Police, an employee
has committed an act or omission that justifies discipline. The Chief of Police or his/her designee
shall advise employees of contemplated disciplinary actions in writing and allow the employee an
opportunity to respond to such charges prior to taking final action.
Disciplinary actions should be documented in the employee's official personnel file. Performance
deficiencies documented in the employee's performance evaluation as "does not meet standards"
may be the basis for disciplinary action if the employee fails to correct those performance
deficiencies within the time period designated by his/her supervisor. To the extent possible,
performance deficiencies or other causes for discipline will be documented in the employee's
personnel file.
Upon the City receiving authorization from the employee, the City will provide the Association
with all written notices of discipline given to employees represented by Association. The written
notice of discipline will also inform the employee that he/she has the right to consult with the
Association with regard to the disciplinary action being taken.
Nothing in this article shall preclude the Chief of Police or his/her designee from ordering a public
safety officer to cooperate with other agencies involved in criminal investigations, except where
the public safety officer may be the focus of the investigation. If an officer fails to comply with
such an order, the officer may be officially charged with insubordination.
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B. VERBAL OR WRITTEN REPRIMAND PROCEDURES/APPEAI.S
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 proposed
action, including the rule or standard of conduct allegedly violated, the proposed discipline and
the charge(s) being considered.
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Employee Review
The employee shall be supplied with a copy of the documents or materials upon which the
proposed disciplinary action is based.
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.
Emereencies
When, in the opinion of the City, immediate disciplinary action is required to protect the health,
safety or welfare of the public, other employees or the employee himself, the employee may be
suspended 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.
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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) arbitmtors registered with the American
Arbitration Association, California State Conciliation Service or some other agreed upon
source within ten (10) days of the employee's request. If the parties are unable to agree
on an arbitrator from that list, an arbitrator will be selected by the parties alternately
striking names from the list until only one (1) name remains.
3. The selected arbitrator shall serve as the hearing officer.
4. All arbitration proceedings arising under this procedure shall be governed by the
provisions of Chapter 5 (commencing with Section 11500) of Part I 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.
Er-
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.
ARTICLE ELEVEN
MANAGEMENT RIGHTS
The City retains all its exclusive rights and authority under State and Federal law and expressly
and exclusively retains its management rights, which include, but are not limited to:
A. The exclusive right to determine the mission of its constituent departments,
commissions, and boards.
B. Set standards and levels of service.
C. Determine the procedures and standards of selection for employment and
promotions.
D. Direct employees.
E. Establish and enforce dress and grooming standards.
F. Determine the methods and means to relieve its employees from duty because of
lack of work or other lawful reasons.
G. Maintain the efficiency of governmental operations.
H. Determine the methods, means and numbers and kinds of personnel by which
government operations are to be conducted.
I. Determine the content and intent of the job classifications.
f. 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.
46
O. Establish and modify productivity and performance programs and standards.
P. Discharge, suspend, demote, reprimand, withhold salary increases and benefits, or
otherwise discipline employees in accordance with applicable state law.
Q. Establish employee performance standards including, but not limited to,
quality and quantity standards, and to require compliance therewith.
R. Take all necessary actions to carry out its mission in emergencies.
S. Exercise complete control and discretion over its organization and the technology
of performing its work.
The exercise of such rights shall not preclude employees or their representatives from meeting and
conferring or meeting and consulting, as required by law, with management representatives.
47
CITY OF ON
Fandino, J .
City Administrator ERR"
chael A. Earl
Director of Human Resources
Ana K. Rueda
Human Resources Analyst
APPROVED AS TO FORM:
Zay a . Mousse
Seni Deputy City Attorney
SIGNATURE PAGE
VERNON POLICE OFFICERS
BENEFIT ASSOCIATION, J ,Ol
Gustavo S. Herrera
Vice President
Lorenzo Gaytan
Negotiating Committee
Jo/M. Ramos
Board Member/Negotiating
e
rt Todd
Attorney
APPROVED AND ADOPTED BY THE CITY COUNCIL ON /i1.101T, ZO 61, PER
RESOLUTION NO. 200- 2
ATTEST:
XADated:
Lisa Pope City a erk
t
Rw"K)UXADIN W
48
O. Establish and modify productivity and performance programs and standards.
P. Discharge, suspend, demote, reprimand, withhold salary increases and benefits, or
otherwise discipline employees in accordance with applicable state law.
Q. Establish employee performance standards including, but not limited to,
quality and quantity standards, and to require compliance therewith.
R. Take all necessary actions to carry out its mission in emergencies.
S. Exercise complete control and discretion over its organization and the technology
of performing its work.
The exercise of such rights shall not preclude employees or their representatives from meeting and
conferring or meeting and consulting, as required by law, with management representatives.
47
STAFF REPORT
AGENDA APPROVED ITEM
08/06/19, SD
City Conneft Agenda Item Report
Agenda Item No. COV-348-2019
Submitted by: Michael Earl
Submitting Department: Human Resources
Meeting Date: August 6, 2019
SUBJECT
A Resolution of the City Council of the C'ty of Vernon Approving the Memorandum of Understanding by and between
the City of Vernon and the Vemon Police Officers Bereft Association
Reco®esdetion:
A. Find that approval ofthe attached resolution in this staff report is exempt from California Environmental Quality Act
(CEQA) review, because it 6 an administrative activity that will not result in direct or indiect 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 C'ty of
Vernon and the Vemon Police Officers Bereft Association.
Background:
The existing memoranda of urderstandig (MOU's) between the C'ty of Vernon and the Ctytys six bargaining groups
expired June 30, 2019. Pursuant to C'ty Courel direction and authority, negotiations with all sic bargaining groups
began in March 2019. Labor negotiations with the Vernon Police Officers Benefit Association, representing sworn
Police Officers and Police Sergeants, have been ongoing slice March 2019 for a successor MOU. On July 11, 2019,
the membership ratified a tentative agreement on a successor MOU.
Based on the direction and authority provided by the City Cowl, it is recommended that City Council approve a
successor Memorandum of Understanding for the period of July I, 2019 through June 30, 2022 that reflects the
following key provisions:
• The temp of the agreement is for three (3) years from July I, 2019 through June 30, 2022
• A one percent (10/u) Cost ofLiving 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 ofthei retirement bereft by an additional one
percent (1 %) per year for a total contribution oftwelve percent (120/6) by the thi+d year of the agreement
• Increase ofore percent (10/u) per year for officers who possess an Intemnediate P.O.S.T. Certificate
• Increase oftwo percent (2%) per year for officers who possess an Advanced P.O.S.T. Certificate
• Increase of thirty (30) hours in Association Business Tare shared among association board members
• Retiee medical berefts lave been revised for all new VPOBA employees hied by the City after July 1, 2019,
eliminating Idetire medical rtsuance coverage for the retiee's spouse, consistent wilt the berefts provided to
norm-saficty employees
• Language from three previous MOU amendments have been incorporated into the new comprehensive three year
MOU
AGENDA APPROVED ITEM
08/06/19, SD
• Various minor language changes to update and or elnunated outdated or obsolete language that is either no longer in
effect or required update to reflect current practices.
The changes from the previous MOU are highlighted in the attached proposed draft 2019 - 2022 MOU.
Fiscal Impact:
The fiscal nipact ofthese proposed changes is approxnately $130,985 for fiscal year 20192020. Funds have been
included in the proposed FY 2019/2020 budget.
ATTACHMENTS
• I. Resohaion - VPOBA MOU 2019-2022