Vernon City Council
July 19, 2022

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SECTION 5. The City Council hereby authorizes the City Administrator to execute said Agreement for, and on behalf of, the City of Vernon and the City Clerk is hereby authorized to attest thereto.

SECTION 6. The City Council hereby instructs the City Administrator, or his designee, to take whatever actions are 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 non-substantive changes to the Agreement attached herein.

SECTION 7. The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.

APPROVED AND ADOPTED this 19th day of July, 2022.
______________________
LETICIA LOPEZ, Mayor
ATTEST:

LISA POPE, City Clerk
(seal)
APPROVED AS TO FORM:

ZAYNAH N. MOUSSA,
Interim City Attorney
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SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND LAURENE MASCOLA, M.D., M.P.H., FOR HEALTH OFFICER SERVICES

COVER PAGE
Contractor: Laurene Mascola, M.D., M.P.H.

Notice Information - Contractor: Laurene Mascola
Address on file with Health Department
Telephone: (818) 952-4148
Notice Information - City: City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Freddie Agyin,
Director of Health and Environmental
Control
Telephone: (323) 826-1448
Commencement Date: July 1, 2022
Termination Date: June 30, 2025
Consideration: Total not to exceed $50,000.00 (includes all applicable sales tax); and more particularly
described in Exhibit B
Records Retention Period Three (3) years, pursuant to Section 11.20 Resolution No. 2022-23

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SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND LAURENE MASCOLA, M.D., M.P.H., FOR HEALTH OFFICER SERVICES
This Agreement is made between the City of Vernon ("City"), a California charter City and California municipal corporation (“City”), and Laurene Mascola, M.D., M.P.H., (“Contractor”).

The City and Contractor agree as follows:

1.0 EMPLOYMENT OF CONTRACTOR. City agrees to engage Contractor to perform the services as hereinafter set forth as authorized by the City Council on July 19, 2022

2.0 SCOPE OF SERVICES.

2.1 Contractor shall perform all work necessary to complete the services set forth in the Scope of Services Exhibit “A”, a copy which is attached to and incorporated into this Agreement by reference.

2.2 All services shall be performed to the satisfaction of City.

2.3 All services shall be performed in a competent, professional, and satisfactory manner in accordance with the prevailing industry standards for such services.

3.0 PERSONNEL.

3.1 Contractor represents that it employs, or will employ, at its own expense, all personnel required to perform the services under this Agreement.

3.2 Contractor shall not subcontract any services to be performed by it under this Agreement without prior written approval of City.

3.3 All of the services required hereunder will be performed by Contractor or by City approved subcontractors. Contractor, and all personnel engaged in the work, shall be fully qualified and authorized or permitted under State and local law to perform such services and shall be subject to approval by the City.

4.0 TERM. The term of this Agreement shall commence on July 1, 2022 and it shall continue until June 30, 2025, unless terminated at an earlier date pursuant to the provisions thereof.

5.0 COMPENSATION AND FEES.

5.1 Contractor has established rates for the City of Vernon which are comparable to and do not exceed the best rates offered to other governmental entities in and around Los Angeles County for the same services. For satisfactory and timely performance of the services, the City will pay Contractor in accordance with the payment schedule set forth in Exhibit “B” attached hereto and incorporated herein by reference.

Resolution No. 2022-23

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5.2 Contractor's grand total compensation for the entire term of this Agreement, shall not exceed $50,000.00 without the prior authorization of the City, as appropriate, and written amendment of this Agreement.

5.3 Contractor shall, at its sole cost and expense, furnish all necessary and incidental labor, material, supplies, facilities, equipment, and transportation which may be required for furnishing services pursuant to this Agreement. Materials shall be of the highest quality. The above Agreement fee shall include all staff time and all clerical, administrative, overhead, insurance, reproduction, telephone, air travel, auto rental, subsistence, and all related costs and expenses.

5.4 City shall reimburse Contractor only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City.

Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Contractor:

5.4.1 The actual costs of subcontractors for performance of any of the services that Contractor agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement.

5.4.2 Approved reproduction charges.

5.4.3 Actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Contractor in the performance of this Agreement.

5.5 Contractor shall not receive any compensation for extra work performed without the prior written authorization of City. As used herein, “extra work” means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the time of execution of this Agreement. Compensation for any authorized extra work shall be paid in accordance with the payment schedule as set forth in Exhibit “B,” if the extra work has been approved by the City.

5.6 Licenses, Permits, Fees, and Assessments. Contractor shall obtain, at Contractor’s sole cost and expense, such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and which arise from or are necessary for the performance of the Services by this Agreement.

Resolution No. 2022-23

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6.0 PAYMENT.

6.1 As scheduled services are completed, Contractor shall submit to the City an invoice for the services completed, authorized expenses, and authorized extra work actually performed or incurred according to said schedule.

6.2 Each such invoice shall state the basis for the amount invoiced, including a detailed description of the services completed, the number of hours spent, reimbursable expenses incurred and any extra work performed.

6.3 Contractor shall also submit a progress report with each invoice that describes in reasonable detail the services and the extra work, if any, performed in the immediately preceding calendar month.

6.4 Contractor understands and agrees that invoices which lack sufficient detail to measure performance will be returned and not processed for payment.

6.5 City will pay Contractor the amount invoiced within thirty (30) days after the City approves the invoice.

6.6 Payment of such invoices shall be payment in full for all services, authorized costs, and authorized extra work covered by that invoice.

7.0 CITY'S RESPONSIBILITY. City shall cooperate with Contractor as may be reasonably necessary for Contractor to perform its services; and will give any required decisions as promptly as practicable so as to avoid unreasonable delay in the progress of Contractor's services.

8.0 COORDINATION OF SERVICES. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants, and other staff at all reasonable times.

9.0 INDEMNITY. City agrees to indemnify Contractor, and will hold and save her harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein “claims or liabilities”), including but not limited to professional negligence, that may be asserted or claimed by any person, firm or entity arising out of or in connection with the work, operations or activities of City, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the acts or omissions of City hereunder, or arising from City’s performance of or failure to perform any term, provision, covenant or condition of this Agreement, except to the extent such claims or liabilities arise from the gross negligence or willful misconduct of Contractor.

10.0 INSURANCE. City has been informed and accepts, in approving this Agreement that Contractor does not maintain Professional Liability or Errors and Omissions Insurance. The Resolution No. 2022-23

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acknowledgement and acceptance set forth herein is subject to the Indemnification and Immunities provisions set forth in Section 9.0, above.

11.0 GENERAL TERMS AND CONDITIONS.

11.1 INDEPENDENT CONTRACTOR.

11.1.1 It is understood that in the performance of the services herein provided for, Contractor shall be, and is, an independent contractor, and is not an agent, officer or employee of City and shall furnish such services in its own manner and method except as required by this Agreement, or any applicable statute, rule, or regulation. Further, Contractor has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Contractor in the performance of the services hereunder. City assumes no liability for Contractor’s actions and performance, nor assumes responsibility for taxes, bonds, payments, or other commitments, implied or explicit, by or for Contractor. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its employees, subcontractors and independent contractors, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.

11.1.2 Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of the City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits.

11.2 CONTRACTOR NOT AGENT. Except as the City may authorize in writing, Contractor and its subcontractors shall have no authority, express or implied, to act on behalf of or bind the City in any capacity whatsoever as agents or otherwise.

11.3 OWNERSHIP OF WORK. All documents and materials furnished by the City to Contractor shall remain the property of the City and shall be returned to the City upon termination of this Agreement. All reports, drawings, plans, specifications, computer tapes, floppy disks and printouts, studies, memoranda, computation sheets, and other documents prepared by Contractor in furtherance of the work shall be the sole property of City and shall be delivered to City whenever requested at no additional cost to the City. Contractor shall keep such documents and materials on file and available for audit by the City for at least three (3) years after completion or earlier termination of this Agreement. Contractor may make duplicate Resolution No. 2022-23

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copies of such materials and documents for its own files or for such other purposes as may be authorized in writing by the City.

11.4 CORRECTION OF WORK. Contractor shall promptly correct any defective, inaccurate or incomplete tasks, deliverables, goods, services and other work, without additional cost to the City. The performance or acceptance of services furnished by Contractor shall not relieve the Contractor from the obligation to correct subsequently discovered defects, inaccuracy, or incompleteness.

11.5 RESPONSIBILITY FOR ERRORS. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation as may be required by the City, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design drawings, estimates and other Contractor professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.

11.6 WAIVER. The City's waiver of any term, condition, breach, or default of this Agreement shall not be considered to be a waiver of any other term, condition, default or breach, nor of a subsequent breach of the one waived. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance.

No waiver of any provision of this Agreement shall be effective unless in writing and executed by a duly authorized representative of the party against whom enforcement of a waiver is sought.

11.7 SUCCESSORS. This Agreement shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective heirs, successors, and/or assigns.

11.8 NO ASSIGNMENT. Contractor shall not assign or transfer this Agreement or any rights hereunder without the prior written consent of the City and approval by the City Attorney, which may be withheld in the City's sole discretion. Any unauthorized assignment or transfer shall be null and void and shall constitute a material breach by the Contractor of its obligations under this Agreement. No assignment shall release the original parties from their obligations or otherwise constitute a novation.

11.9 COMPLIANCE WITH LAWS. Contractor shall comply with all Federal, State, County and City laws, ordinances, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof. Violation of any law Resolution No. 2022-23

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material to performance of this Agreement shall entitle the City to terminate the Agreement and otherwise pursue its remedies. Further, if the Contractor performs any work knowing it to be contrary to such laws, rules, and regulations Contractor shall be solely responsible for all costs arising therefrom.

11.10 ATTORNEY'S FEES. If any action at law or in equity is brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs, and necessary disbursements in addition to any other relief to which such party may be entitled.

11.11 INTERPRETATION.

11.11.1 Applicable Law. This Agreement shall be deemed an agreement and shall be governed by and construed in accordance with the laws of the State of California. Contractor agrees that the State and Federal courts which sit in the State of California shall have exclusive jurisdiction over all controversies and disputes arising hereunder, and submits to the jurisdiction thereof.

11.11.2 Entire Agreement. This Agreement, including any exhibits attached hereto, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations, representations, understandings, correspondence, documentation, and agreements (written or oral).

11.11.3 Written Amendment. This Agreement may only be changed by written amendment executed by Contractor and the City Administrator or other authorized representative of the City, subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Agreement shall be of no force or effect.

11.11.4 Severability. If any provision in this Agreement is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Agreement, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Agreement.

11.11.5 Order of Precedence. In case of conflict between the terms of this Agreement and the terms contained in any document attached as an Exhibit or otherwise incorporated by reference, the terms of this Agreement shall strictly prevail.

11.11.6 Construction. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no Resolution No. 2022-23

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presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

11.12 TIME OF ESSENCE. Time is strictly of the essence of this agreement and each and every covenant, term, and provision hereof.

11.13 AUTHORITY OF CONTRACTOR. The Contractor hereby represents and warrants to the City that the Contractor has the right, power, legal capacity, and authority to enter into and perform its obligations under this Agreement, and its execution of this Agreement has been duly authorized.

11.14 ARBITRATION OF DISPUTES. Any dispute for under $25,000 arising out of or relating to the negotiation, construction, performance, non-performance, breach, or any other aspect of this Agreement, shall be settled by binding arbitration in accordance with the Commercial Rules of the American Arbitration Association at Los Angeles, California and judgment upon the award rendered by the Arbitrators may be entered in any court having jurisdiction thereof. The City does not waive its right to object to the timeliness or sufficiency of any claim filed or required to be filed against the City and reserves the right to conduct full discovery.

11.15 NOTICES. Any notice or demand to be given by one party to the other must be given in writing and by personal delivery or prepaid first-class, registered or certified mail, addressed as follows. Notice simply to the City of Vernon or any other City department is not adequate notice.

If to the City:

City of Vernon
Attention: Freddie Agyin, Director of Health and Environmental Control 4305 Santa Fe Avenue
Vernon, CA 90058
If to the Contractor:

Laurene Mascola, M.D., M.P.H.

Address on file with Health Department
Any such notice shall be deemed to have been given upon delivery, if personally delivered, or, if mailed, upon receipt, or upon expiration of three (3) business days from the date of posting, whichever is earlier. Either party may change the address at which it desires to receive notice upon giving written notice of such request to the other party.

Resolution No. 2022-23

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11.16 NO THIRD PARTY RIGHTS. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right or remedy in, under, or to this Agreement.

11.17 TERMINATION FOR CONVENIENCE (Without Cause). City may terminate this Agreement in whole or in part at any time, for any cause or without cause, upon fifteen (15) calendar days' written notice to Contractor. If the Agreement is thus terminated by City for reasons other than Contractor's failure to perform its obligations, City shall pay Contractor a prorated amount based on the services satisfactorily completed and accepted prior to the effective date of termination. Such payment shall be Contractor's exclusive remedy for termination without cause.

11.18 DEFAULT. In the event either party materially defaults in its obligations hereunder, the other party may declare a default and terminate this Agreement by written notice to the defaulting party. The notice shall specify the basis for the default. The Agreement shall terminate unless such default is cured before the effective date of termination stated in such notice, which date shall be no sooner than ten (10) days after the date of the notice. In case of default by Contractor, the City reserves the right to procure the goods or services from other sources and to hold the Contractor responsible for any excess costs occasioned to the City thereby. Contractor shall not be held accountable for additional costs incurred due to delay or default as a result of Force Majeure. Contractor must notify the City immediately upon knowing that non-performance or delay will apply to this Agreement as a result of Force Majeure. At that time Contractor is to submit in writing a Recovery Plan for this Agreement. If the Recovery Plan is not acceptable to the City or not received within 10 days of the necessary notification of Force Majeure default, then the City may cancel this order in its entirety at no cost to the City, owing only for goods and services completed to that point.

11.19 TERMINATION FOR CAUSE. Termination for cause shall relieve the terminating party of further liability or responsibility under this Agreement, including the payment of money, except for payment for services satisfactorily and timely performed prior to the service of the notice of termination, and except for reimbursement of (1) any payments made by the City for service not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by the City in obtaining substitute performance. If this Agreement is terminated as provided herein, City may require, at no additional cost to City, that Contractor provide all finished or unfinished documents, data, and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor Resolution No. 2022-23

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shall be required to provide such document and other information within fifteen (15) days of the request.

11.19.1 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

11.20 MAINTENANCE AND INSPECTION OF RECORDS.

The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor's records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the Agreement and/or is paying only the amounts to which Contractor is properly entitled under the Agreement or for other purposes relating to the Agreement.

The Contractor shall maintain and preserve all such records for a period of at least three (3) years after termination of the Agreement.

The Contractor shall maintain all such records in the City of Vernon. If not, the Contractor shall, upon request, promptly deliver the records to the City of Vernon or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than the City of Vernon, including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals, and overhead.

11.21 CONFLICT. Contractor hereby represents, warrants, and certifies that no member, officer, or employee of the Contractor is a director, officer, or employee of the City of Vernon, or a member of any of its boards, commissions, or committees, except to the extent permitted by law.

11.22 HEADINGS. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

11.23 ENFORCEMENT OF WAGE AND HOUR LAWS. Eight hours labor constitutes a legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the respective Contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid to the City; provided, however, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon Resolution No. 2022-23

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compensation for all hours worked in excess of 8 hours per day at not less than 1½ times the basic rate of pay.

11.24 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Contractor certifies and represents that, during the performance of this Agreement, it and any other parties with whom it may subcontract shall adhere to equal employment opportunity practices to assure that applicants, employees and recipients of service are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, sexual orientation or marital status. Contractor further certifies that it will not maintain any segregated facilities. Contractor further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit “C”. [Signatures Begin on Next Page].

Resolution No. 2022-23

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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Commencement Date stated on the cover page.

City of Vernon, a California charter City
and California municipal corporation
By: ____________________________
Carlos R. Fandino, Jr.,
City Administrator

Laurene Mascola, M.D., M.P.H.

By:

Name: Laurene Mascola
Title: Physician
ATTEST:
_______________________________
Lisa Pope,
City Clerk
APPROVED AS TO FORM:
_______________________________
Zaynah N. Moussa,
Interim City Attorney
Resolution No. 2022-23

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EXHIBIT A

SCOPE OF SERVICE
Background:

The City of Vernon is an industrial city of 5.2 square miles located several miles to the southeast of Downtown Los Angeles in Southern California. Vernon currently houses more than 1,800 businesses that employ approximately 55,000 people, serving as a vital economic engine in the region. Offering an environment uniquely friendly to business. Vernon is the home to industries including food and agriculture, apparel, steel, plastics, logistics, and home furnishings. Vernon is also home to approximately 300 residents.

Public Health Officer:

The City of Vernon is seeking a qualified contractor to serve as a contract Health Officer for the Department of Health and Environmental Control. The individual will assume the duties of the Health Officer set forth in the Health and Safety Code of the State, including working jointly with the Director of Health and Environmental Control to assure the effectiveness of the mandated health protection function of local government.

The individual will receive general direction from the Director of Health and Environmental Control Department. Services shall be limited to no more than fifteen (15) hours per week unless approved in advance by the Director of Health and Environmental Control.

Duties may include, but are not limited to, the following which are referenced in the California Health and Safety Code:
- Serve as the Health Officer for the City of Vernon and advise the Department of Health and Environmental Control in preventive measures to protect and preserve the public health.
- Work with the Director of the Department of Health and Environmental Control to take measures that may be necessary to prevent and control the spread of disease. - Consult with physicians in the diagnosis, investigation, and treatment of communicable diseases.
- Consult and provide policy recommendations regarding communicable disease control, outbreak investigations, and emergency preparedness and response. - Provide recommendations regarding the declaration of local emergencies, as indicated. - Work with the Director of Health and Environmental Control to ensure the enforcement of codes and regulations, as well as local ordinances through mechanisms up to, and including, the use of police powers.
- Advise policy-makers on community design issues that affect health, the development of public health policy, and implementation of effective public health programs. - Work with the Director of Health and Environmental Control to inform, educate, and Resolution No. 2022-23

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empower the community and individuals about health issues. - Provide recommendations to protect and advance the health of the city by educating the public, advocating for effective disease prevention and health promotion programs and activities.
- Assist in the assessment and reporting on the health status of the community, using multiple epidemiological survey and statistical methods. - Represent the city before Boards, Commissions, political bodies, associations, and the general public.
- Coordinate with other health officers regionally and statewide. - Direct the inspection, examination, isolation, quarantine, and decontamination of persons, places, and things within the city necessary to protect the public health - lnform the City Council about types of health issues that may affect the city. - Assist the Department in planning, organizing, and coordinating all-hazard disaster preparedness and response.
- Consult with medical and administrative staff of local hospitals and academic centers and assist the Department in surveillance and planning for improvement of public health indicators.
- Assist the Department with writing local ordinances and the interpretation of state laws - Perform related duties as needed.

QUALIFICATIONS:

Knowledge of:
- Clinical medicine, public health and health care (e.9., epidemiology, biostatistics, environmental health, maternal and child health) management and administration. - Federal, State and local laws governing public health programs and laws, statutes, and regulations governing California Health Services providers and JCAHO and other regulatory requirements.
- The legislative process.
- Disaster preparedness and the National lncident Management system (NIMS). - Principles of government organization, public financing, and budgeting. - Quality assurance as it applies to public health programs/services. - The latest developments in medicine including local public health programs and ethics.

Resolution No. 2022-23

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Skill/Ability to:
- Serve as public health link to the local medical community and local medical association Understand, interpret and apply provisions of federal, state and local legislation, rules and regulations pertinent to the administration of Public Health programs, including COVID-19 protocols.
- Evaluate health risks and hazards and communicate information effectively and Proactively.
- Facilitate the interaction of and foster partnerships with a complex mix of public agencies, community-based organizations, and the private sector that impact public health and policy.
- Provide written and oral communication in various forms such as reports, and recommendations, memos.

Education and Experience:

The candidate must be a physician. Any combination of education and experience that would likely provide the required knowledge and skills. Completion of a residency program and three years of administrative or supervisory experience. A Master's degree in Public Health and/or completion of a residency in preventive medicine is required.

Licensure/Certification:

License to practice medicine in the State of California and in good standing.

Resolution No. 2022-23

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EXHIBIT B

SCHEDULE
Hourly Rate: $300 per hour
Contractor shall bill at the applicable hourly rate for services provided under the Services Agreement for City of Vernon Health Officer Services.

Contractor shall submit invoices to the City of Vernon, Director of Health and Environmental Control on a bi-weekly basis.
ln addition to the compensation provided above, the City will reimburse Contractor for reasonable travel-related costs and expenses for work performed under this contract, including mileage for ground transportation n the amount set forth by the lnternal Revenue Service standard mileage rate. Travel expenses or travel time beyond Southern California must be approved by the Director of Health and Environmental Control in writing and in advance.
.

Resolution No. 2022-23

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EXHIBIT C

EQUAL EMPLOYMENT OPPORTUNITY

PRACTICES PROVISIONS
A. Contractor certifies and represents that, during the performance of this Agreement, the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated facilities.

B. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age.

C. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their membership in a protected class.

D. Contractor agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law.

E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law.

Resolution No. 2022-23

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City Council Agenda Item Report
Submitted by: Eva Muro
Submitting Department: City Attorney
Meeting Date: July 19, 2022

SUBJECT
Amendment No. 2 to the Attorney Services Agreement (Litigation) between the City of Vernon and Burke, Williams & Sorensen, LLP
Recommendation:

Approve and authorize the City Administrator to execute Amendment No. 2 to the Attorney Services Agreement (Litigation) with Burke, Williams & Sorensen, LLP (Burke Williams), in substantially the same form as submitted, to increase the total not-to-exceed amount by an additional $7,648.14 to cover costs and expenses through the expiration of the contract term.

Background:

On May 21, 2019, the City Administrator approved an Attorney Services Agreement (Litigation) for specialized outside legal services with Burke Williams. Burke Williams was selected for specialized litigation and/or advisory matters through the City Attorney’s Office 2019 Request for Proposals for Outside Legal Services. Under the Attorney Services Agreement, Burke Williams has handled multiple tort lawsuits alleged against the City which required extensive discovery and motion practice, as well as specialized municipal advisory services as needed. In light of the ongoing litigation of several significant matters, on December 3, 2019, the City Council approved an Amendment No. 1 to increase the total notto-exceed amount by an additional $150,000.

The term of the Attorney Services Agreement between the City and Burke Williams was May 20, 2019 through May 19, 2022. In order to cover the total costs and expenses incurred through the end of the contract term, staff is requesting authority to enter into Amendment No. 2, which would increase the contract not-to-exceed amount by $7,648.14, and maintains all existing terms under the Agreement.

In light of the expiration of the previous Agreement, and pursuant to the City Attorney’s Office’s 2021 Request for Proposals process, City Council approved a new Attorney Services Agreement with Burke Williams on May 17, 2022. Current and future litigation and advisory services by Burke Williams will be covered under the new Agreement, which has a term of May 20, 2022 through May 19, 2025, and a total not-to-exceed amount of $150,000.

Fiscal Impact:

The proposed amendment would increase the contract not-to-exceed amount by $7,648.14, and the maximum fiscal impact to the City under the proposed contract term is $257,648.14.

Sufficient funds have been budgeted in the City Attorneys Professional Services – Legal Account No. 011.1024.593200.

Attachments:

1. Amendment No. 2 - Burke, Williams and Sorensen
AMENDMENT NO. 2 TO THE ATTORNEY SERVICES AGREEMENT (LITIGATION)

BETWEEN THE CITY OF VERNON AND BURKE, WILLIAMS & SORENSEN, LLP

FOR SPECIALIZED OUTSIDE LEGAL SERVICES
This Amendment (“Amendment No. 2”) to that certain Agreement for specialized legal services dated May 20, 2019, (the “Agreement”), is made as of July 19, 2022, by and between the City of Vernon, a California charter city and municipal corporation (the “City”), and Burke, Williams & Sorensen, LLP (“Associate Counsel”), a limited liability partnership.

WHEREAS, the City and Associate Counsel are parties to a written Agreement, as amended, dated May 20, 2019, under which Associate Counsel assist the City Attorney’s Office in various specialized litigation and/or advisory matters from time to time on an as needed basis; and
WHEREAS, the City and Associate Counsel desire to amend the Agreement to increase the total not to exceed amount by an additional $7,648.14.

NOW, THEREFORE, the parties to this Amendment No. 2 agree as follows:

1. Effective as of July 19, 2022, the total amount not to exceed for the period of May 20, 2019 through May 19, 2022 shall not exceed a total amount of $257,648.14.

2. Except as expressly modified by this Amendment No. 2, all provisions of the Agreement shall remain in full force and effect.

3. The provisions of this Amendment No. 2 shall constitute the entire agreement of the parties with respect to the subject matter included in this Amendment No. 2 and shall supersede any other agreement, understanding, or arrangement, whether written or oral, between the parties with respect to the subject matter of this Amendment No. 2, with the exception of joint representation and/or conflict waiver agreements related to matters handled by Associate Counsel.

4. The person or persons executing this Amendment No. 2 on behalf of each of the parties warrants and represents that he or she has the authority to execute this Amendment No. 2 on behalf of that party and has the authority to bind that party to the performance of its obligations hereunder.

IN WITNESS WHEREOF, the parties have signed this Amendment No. 2 as of the date stated in the introductory clause.
[SIGNATURES FOLLOW ON NEXT PAGE]
Burke, Williams & Sorensen, LLP
Amendment No. 2

CITY OF VERNON, a California charter city
and municipal corporation
By: ____________________________
Carlos Fandino, City Administrator
Burke, Williams & Sorensen, LLP, a limited
liability partnership
By:

Name:

Title:

ATTEST:
___________________________
Lisa Pope, City Clerk
By:

Name:

Title:

APPROVED AS TO FORM:
___________________________
Zaynah N. Moussa,
Interim City Attorney
City Council Agenda Item Report
Submitted by: Brittany Rodriguez
Submitting Department: City Administration
Meeting Date: July 19, 2022

SUBJECT
Purchase Contract with Carahsoft Technology Corp.

Recommendation:

Approve the issuance of a Purchase Contract with Carahsoft Technology Corp. in an amount not to exceed $150,000 for a one-year period.

Background:

The Information Technology Division currently procures various software systems and related necessary maintenance services through Carahsoft Technology Corp. (Carahsoft). Carahsoft is a government IT solutions provider for public sector organizations across Federal, State and Local Government agencies. Carahsoft thoroughly understands the City’s procurement process and is able to provide competitive government pricing for products and services utilized by various Departments in the City. The proposed purchase contract with Carahsoft requires City Council approval pursuant to Section 3.32.030(A) of the Vernon Municipal Code, as it exceeds $100,000.

During the 2022-23 fiscal year, the Information Technology Division anticipates purchasing the following products and services from Carahsoft at the below estimated pricing:

Granicus-Agenda Management: $26,000
Granicus-Disclosure Docs-Online form 700 filing software: $4,000 Granicus-Website Maintenance: $5,000
SecureWorks: $55,000
DocuSign (Electronic e-signature platform): $22,122.57
VMWare NSX Support (Protection of network infrastructure): $7,832.18 Web Application Firewall (Cyber security): $22,799.96
iSensor Subscription (Network traffic monitoring): $14,644.4 Each of the purchases noted above would still require review and approvals on a case-bycase basis by the City’s purchasing Department, Finance Director and/or City Administrator as appropriate.

Fiscal Impact:

Staff is recommending a not-to-exceed amount of $150,000 with Carahsoft for a one-year period. Sufficient funds to cover the cost for Fiscal Year 2022-23 are available in Information Technology’s Account No. 011.9019.590110 and Account 011.9019.565210.

Attachments:

None.

City Council Agenda Item Report
Submitted by: Daniel Wall
Submitting Department: Public Works
Meeting Date: July 19, 2022

SUBJECT
10-Day Report on Urgency Moratorium on Warehouse Uses, Freight and Terminals, Container Storage and Parking
Recommendation:

A. Find that the proposed action is exempt from California Environmental Quality Act (CEQA) review, because it is general policy and procedure-making activity that is unrelated to any specific project, which must undergo separate CEQA review, and that will not result in direct physical changes or reasonably foreseeable indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines Section 15378; and
B. Receive and file 10-Day Report on Urgency Moratorium on Warehouse Uses, Freight and Terminals, Container Storage and Parking.

Background:

On June 21, 2022, pursuant to Government Code Section 65858, the City Council adopted Ordinance No. 1283, a 45-day urgency moratorium ordinance. Ordinance No. 1283 was adopted to protect the public health, safety, and welfare by prohibiting the establishment, expansion, or modification of warehouse uses, freight terminals, truck terminals, container storage, and container parking in the City of Vernon. Government Code Section 65858(d), requires that at least 10-days prior to the expiration of a 45-day urgency ordinance, the City issue a written report describing the measures taken to alleviate the conditions which led to the adoption of the moratorium.

Measures Taken to Alleviate the Conditions that Led to the Adoption of the Urgency Ordinance Actions addressing the underlying need for the moratorium are ongoing and include the following:

Commencement of the process to amend Chapter 17 (Zoning Code) of the Vernon Municipal Code as it pertains to warehouse uses via a permanent ordinance that would change new warehouse uses on lots encompassing 150,000 square feet or more from allowance by right to approval through a Development Agreement Use of a Development Agreement will allow the City to address community health and safety issues by evaluating warehouse development on a case-by-case basis.

Establishing regulatory standards and criteria at the City level will ensure that land uses consider the quality of life of individuals living and working in the Vernon area, and that their welfare remains a priority.

City staff have provided opportunities for stakeholders to offer feedback and ask questions regarding warehouse regulations
On June 30, 2022, staff met with stakeholders through the Vernon Chamber of Commerce
On July 14, 2022, staff presented an item on warehouse regulation to the Vernon Business and Industry Commission (BIC)
City Staff has noticed a public hearing on the proposed permanent ordinance in accordance with state law.

Next steps include the following:

Submitting the draft ordinance to the City Council, with Business and Industry Commission input and recommendations, for introduction and first reading on August 2, 2022; and
Return the draft ordinance to the City Council, with any requested changes, for second reading and adoption.

Continued Need for the Moratorium
As noted, actions addressing the underlying need for the moratorium are ongoing. Specifically, staff is preparing amendments to the Zoning Code. These Zoning Code amendments require a public hearing before the City Council, with adoption to follow a second reading at a subsequent Council meeting. Even if approved by the City Council in successive meetings, the proposed permanent ordinance would not take effect prior to the 45-day warehouse moratorium (authorized by Temporary Urgency Ordinance No. 1283) expires on August 5, 2022.

Under Government Code Section 65858(a), the City Council may extend the urgency ordinance and moratorium for an additional 10 months and 15 days, and subsequently for one year, for a total of two years. Due to noticing, public hearing and procedural requirements for the adoption of ordinances noted above, staff recommends that Ordinance 1283 remain in place until the permanent zoning change takes effect. Staff will present the recommendation to extend the urgency moratorium to City Council at the August 2 Council Meeting.

Fiscal Impact:

There is no fiscal impact associated with this report.

Attachments:

1. Ordinance No. 1283
INTERIM URGENCY ORDINANCE NO. 1283

AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF VERNON, PURSUANT TO GOVERNMENT CODE SECTION
65858, ADOPTING A 45-DAY TEMPORARY MORATORIUM ON THE

ESTABLISHMENT, EXPANSION, OR MODIFICATION OF WAREHOUSE

USES, FREIGHT TERMINALS, TRUCK TERMINALS, CONTAINER

STORAGE, AND CONTAINER PARKING WITHIN THE CITY OF VERNON

AND DECLARING THE URGENCY THEREOF
SECTION 1. Recitals.

A. The City of Vernon (City) is a municipal corporation and a chartered city of the State of California organized and existing under its charter and the Constitution of the State of California.

B. The State Planning and Zoning Law (California Government Code Sections 65000, et seq.) broadly empowers the City to plan for and regulate the use of land in order to provide for orderly development, the public health, safety, and welfare, and a balancing of property rights and the desires of the community.

C. This Interim Urgency Ordinance is enacted pursuant to the authority conferred upon the City Council of the City of Vernon by Government Code Section 65858 and shall be in full force and effect immediately upon its adoption by a four-fifths (4/5) vote of the City Council as if, and to the same extent that, such Ordinance had been adopted pursuant to each of the individual sections set forth herein. The City Council of the City of Vernon also finds and declares that it is necessary and appropriate to adopt this Ordinance as an emergency measure, pursuant to Chapter 4.4 of the Charter of the City of Vernon, for the immediate preservation of the public safety, health, or peace.

THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:

SECTION 2. The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct and are a substantial part of this Ordinance.

SECTION 3. Definitions. The following definitions are applicable to this Interim Urgency Ordinance, unless the context clearly indicates otherwise:

A. “Cargo container” shall mean any container sufficiently durable for repeated use which, by virtue of its own particular design, permits the temporary storage and protection of bulk commodities, goods, and other cargo, and which may be transported in various modes without intermediate loading or unloading.

B. “Cargo container storage“ shall mean a facility for the storage or stacking of one or more cargo containers.

Ordinance No. 1283

_______________________
C. “Cargo container parking” shall mean a facility for the parking of a trailer, detached from the tractor unit, on which one or more cargo containers may be loaded.

D. “Director” means the Director of Public Works, or his/her designee.

E. “Establishment” means to bring into existence (a new warehouse facility).

F. “Expansion” means:

1. Any increase of the total size of the floor area of any existing building;

2. Any expansion/intensification of truck yards, cargo container parking, and cargo container storage;

3. Construction of any new structure on the premises of an existing business; G. “Facility” means a temporary or permanent use of land or use of premises, a building or structure, or part of a building or structure.

H. “Industrial wholesale” means an industrial facility consisting of the exchange of large quantities of goods for future distribution and resale for financial or other considerations.

I. “Modification” means making any changes, remodeling, or alterations to an existing building or site that require permits. Modification shall include change in tenant at an existing facility requiring a business license. A change in tenant means any amendment to a lease agreement that extends the term of the lease for more than three years, or a new lease agreement with a term longer than three years.

J. “Permit” means any City planning land use approvals, any new business license tax permit (including the transfer of a business license from one owner to another), and any building, grading, plumbing, electrical, or mechanical permit, whether the approval or issuance is discretionary or ministerial.

K. “Portable storage rental facility” means operations that rent individual storage containers to members of the public or businesses for the storage of a variety of items.

L. “Truck” means all Federal Highway Administration (FHWA) vehicle classes including Class 5 or higher.

M. “Truck yard” means a principal use of land for parking or storage of trucks in active use with or without servicing or repairing of trucks as an incidental use thereto.

Ordinance No. 1283

_______________________
N. “Truck terminal” means a principal use of land or building where there are dock facilities for trucks, either partially enclosed or unenclosed, for the purposes of transferring goods or breaking down and assembling tractor-trailer transport.

O. “Warehouse” means an industrial building used for the freight forwarding, deposit, storage, safekeeping, transportation of goods, distribution facilities, logistics services such as but not limited to material handling, packaging, inventory, transportation, storage, warehousing, industrial wholesale, portable storage rental facility, truck terminals, hazardous materials and/or hazardous waste facilities, truck yards, cargo container storage and cargo container parking, manufacturing uses with less than 50% of floor area devoted to manufacturing.

SECTION 4. Urgency Findings. In accordance with California Government Code Section 65858 and Vernon City Charter Chapter 4.4, in order to protect the public health, safety, and welfare, the City Council of the City of Vernon hereby finds, determines, and declares that:

A. The City has experienced significant growth of large warehouses, distribution facilities, and related businesses. These facilities can generate unique environmental impacts on surrounding properties and the larger community, including frequent truck traffic, noise impacts from on-site operations, emissions and air quality issues, and maintenance impacts on City streets.

B. Government Code Section 65858 expressly authorizes the City Council, in order to protect public health, safety, and welfare, to adopt an interim urgency ordinance prohibiting a use that is in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission, or planning department is considering or studying or intends to study within a reasonable time, provided that the urgency ordinance shall require a four-fifths (4/5) vote of the legislative body for adoption, and shall be of no further force and effect 45 days from its date of adoption, unless duly extended. Chapter 4.4 of the Vernon City Charter also authorizes the City Council to adopt an emergency ordinance for the immediate preservation of public safety, health, or peace.

C. This Ordinance is being adopted to allow the City sufficient time to review, study and revise the City’s laws, rules, procedures, and fees related to warehouse and related businesses in the City of Vernon. In light of the City’s exceptionally low vacancy rate and continued growth of large warehouse and related facilities, the City Council finds that the following adverse public safety, health, and welfare impacts are of real concern:
a. Establishment, expansion, or modification of warehouse and related businesses may create immediate irreversible and costly adverse impacts in the community; to wit, street damage, noise, vibration, and pollution. These impacts are already dire for the City and would worsen and become less Ordinance No. 1283

_______________________
manageable with every new warehouse facility that begins or expands its operation in the City of Vernon. The City cannot afford to continue to impose such impacts onto its budget and its citizens and cannot allow these impacts to accumulate any further while the General Plan and Zoning Code are updated, and Specific Plan or Plans are being developed.
b. It is now essential to determine the development capacity within the City where such businesses are currently permitted, considering the capabilities of infrastructure and public services.
c. Through analysis of the impacts currently imposed by the current amount of truck traffic generated by warehouse and related facilities, traffic studies to determine ways in which to minimize truck traffic impacts, and measures that the City can take to mitigate or prevent impacts from logistics facilities altogether.
d. Absent the adoption of this Ordinance, the establishment, expansion, or modification of warehouse and related businesses could result in the negative and harmful secondary effects identified above.
e. As a result of the negative and harmful secondary effects associated with the establishment, expansion, or modification of warehouse and related businesses, the current and immediate threat these businesses pose to the public health, safety, and welfare, and the potential zoning conflicts that would be created by such development, it is necessary to adopt a temporary, fortyfive (45) day moratorium on the establishment, expansion, or modification of warehouse and related businesses in the City.
f. A moratorium is necessary in order to protect the City and its residents, businesses and visitors from the potential health and safety impacts of logistics businesses, including air quality, noise, traffic, parking, and other impacts, and to preserve the quality of life and protect the health, safety, and welfare of the surrounding communities.
g. A moratorium is immediately required to preserve the public health, safety, and welfare and should be adopted immediately as an urgency ordinance, to make certain that permits for warehouse and related businesses are issued only under adequate regulations and consistent with the City’s future goals for development and expansion. Imposition of a moratorium will allow the City sufficient time to conclude the preparation of comprehensive studies and plans for the regulation of such activities. The absence of this Ordinance would allow the proliferation of such businesses and their undesirable secondary impacts, and create a serious threat to the orderly and effective implementation of any amendments to the General Plan and the Zoning Code, and Specific Plan or Ordinance No. 1283

_______________________
Plans being developed, as well as the vision for the City going forward, contemplated by the City Council.
h. Truck trips generated by logistics facilities have direct impacts on the community including traffic, air quality, noise, vibrations, and health impacts on the community.
i. Truck traffic increases the maintenance costs of streets for the City. For example, a 1999 study for the City of Irwindale concluded that one loaded mining truck causes street damage equivalent to that caused by 10,000 automobiles. City of Irwindale Mining Reclamation Impact Study, prepared by Greystone, March 1999, Vol. I, p. iii @ 2.a., and Vol. II., pp. 25-29. A loaded mining truck weighs approximately 80,000 pounds, which is comparable to the average weight of loaded 18-wheeler trucks that commonly traverse the City of Vernon to and from warehouse facilities. The City intends to further research this issue and determine the impacts of trucks with three axles or more. j. Trucks likely affect air quality, as their emissions are many times those of passenger vehicles, and thus are also likely to have concomitant health effects.

Diesel engines emit a complex mixture of air pollutants, including both gaseous and solid material. The solid material in diesel exhaust is known as diesel particulate matter (DPM). DPM is considered a subset of particulate matter less than 2.5 microns in diameter (PM2.5). Most PM2.5 derives from combustion, such as use of gasoline and diesel fuels by motor vehicles, DPM is most concentrated adjacent to freeways and streets traveled by trucks. PM2.5 is the size of ambient particulate matter air pollution most associated with adverse health effects of the air pollutants that have ambient air quality standards.

These health effects include cardiovascular and respiratory hospitalizations, and premature death.

D. Over the next few months, the City will update its General Plan and Zoning Code and adopt a Specific Plan or Plans to update its goals and policies for the development of the City. While the City recognizes the value of warehouse facilities, the City must balance the interests of such businesses on the one hand, and the well-being of the community, attraction of land uses that create high-paying jobs, generate revenues to pay for road maintenance and other essential services, and ensure that warehouse facilities mitigate their fair share of impacts on the City and the surrounding community.

E. Because of the actual and potential detrimental impacts of warehouse and related uses upon the City, which impacts may not be presently adequately addressed by the City’s existing ordinances and zoning regulations, there is a need to impose a temporary moratorium on the establishment, expansion, or modification of warehouse uses, freight terminals, truck terminals, container storage, and container parking uses in order to study and develop policy guidance and Ordinance No. 1283

_______________________
potentially implement changes to the City’s zoning regulations and General Plan update.

F. The City Council further finds that the moratorium is a matter of local and Citywide importance and is not directed towards any particular person or entity that seeks to operate warehouse and related facilities.

SECTION 5. Moratorium.

A. Moratorium: Based on the findings set forth herein for the immediate preservation of the public health, safety, and welfare, during the effective period of this Ordinance, no application for permit will be accepted, no consideration of any application for permit will be made, and no permit will be issued by the City for the establishment, expansion, or modification of any logistics facilities within the City until this Ordinance has expired or has been repealed according to applicable law.

Subject to the Exemptions set forth below, all processing of existing applications for permits shall be suspended immediately.

B. Exemptions: This Ordinance shall not apply to the following:

1. The annual renewal of an existing business license, any permits necessary for the routine maintenance of the buildings or sites, or any permits necessary for repairs required due to an emergency or to protect the public health, safety, and welfare shall not be considered issuance of a permit.

2. Tenant improvements for current tenants within an existing building, provided the tenant improvements would not otherwise be considered an expansion or modification of the facility.

3. Any new or renewed lease agreement, provided that the term does not exceed three (3) years.

4. The establishment, expansion, or modification of any warehouse or related facilities with pending permits or that have already received full approvals and commenced construction or incurred expenses for construction prior to this Ordinance.

SECTION 6. Review and Study. During the period of this Ordinance, the Director of Public Works shall review and study the adverse impacts of and the benefits provided by, warehouse and related facilities in the City, so as to quantify the concerns described in Section 4, and shall recommend proposed revisions to the City’s laws, rules, procedures, and fees related to these facilities, so as to enable the City to adequately and appropriately balance the rights of existing property owners and future applicants who wish to establish, expand, or modify logistics facilities, with the preservation of the health, safety and welfare of the communities.

Ordinance No. 1283

_______________________
SECTION 7. Written Report. Pursuant to Government Code Section 65858, staff must prepare for consideration by the City Council a written report describing measures taken to address the condition which led to the adoption of this urgency ordinance. The report will be provided to the City Council so that it may be considered and issued no later than ten (10) days prior to the expiration of this urgency ordinance.

SECTION 8. Authority. The City Council of the City of Vernon hereby adopts this Ordinance as an interim urgency measure pursuant to Government Code Section 65858 and Chapter 4.4. of the Charter of the City of Vernon to protect the public health, safety, and welfare, and is adopted and justified based on the findings of the City Council in Recitals of this Ordinance; which are supported by substantial evidence in the record associated with the City Council’s consideration hereof.

SECTION 9. The City Council of the City of Vernon hereby passes this Ordinance by a four-fifths vote of the City Council. Accordingly, this urgency ordinance shall take effect immediately upon adoption for a period of 45 days, at which time it will automatically expire unless extended by the City Council as permitted under the Government Code.

SECTION 10. Any provision of the Vernon Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further are repealed or modified to that extent necessary to affect the provisions of this Ordinance.

SECTION 11. If any section, subsection, paragraph, sentence, clause, phrase, or portion thereof, of this Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, phrases, or portions thereof, be declared invalid or unconstitutional. To this end, the provisions of this Ordinance are declared to be severable.

SECTION 12. The City Clerk shall certify the adoption and publish this ordinance as required by law.

Ordinance No. 1283

_______________________
SECTION 13: This Ordinance shall go into effect and be in full force and effect immediately upon adoption.

APPROVED AND ADOPTED this 21st day of June, 2022.
_______________________
LETICIA LOPEZ, Mayor
ATTEST:

LISA POPE, City Clerk
(seal)
APPROVED AS TO FORM:
______________________
ZAYNAH N. MOUSSA,
Interim City Attorney
City Council Agenda Item Report
Submitted by: Lissette Melendez
Submitting Department: Public Works
Meeting Date: July 19, 2022

SUBJECT
Restricted Grant Agreements with the California Department of Transportation (CalTrans) Recommendation:

Adopt Resolution No. 2022-24 authorizing the Director of Public Works to execute all Restricted Grant Agreements with the State of California, acting by and through the Department of Transportation.

Background:

The City applied for and was awarded a grant through the Clean California Local Grant Program (CCLGP) for $1,663,736 for the construction of the Vernon Fitness Park (Project).

Local Assistance programs like the CCLGP, funded with state-only funds are reimbursable programs. In order for CalTrans to pay funds to a Local Public Agency, such as the City, for grant funded projects, a Local Public Agency must enter into a Restricted Grant Agreement with the State.

A Restricted Grant Agreement defines the general terms and conditions which must be met to receive funds from the program for specific projects. CalTrans requires the City Council to declare by resolution certain authorizations relating to the execution of these Restricted Grant Agreements for restricted funds to be paid to the City. The adoption of Resolution No. 2022-24 authorizes the Director of Public Works to execute such agreements and any amendments thereto, and to sign agreements and certifications required by CalTrans throughout the Project to help ensure more timely payments to the City.

Fiscal Impact:

There is no fiscal impact associated with this report.

Attachments:

1. Resolution No. 2022-24
RESOLUTION NO. 2022-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON

AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE ALL

RESTRICTED GRANT AGREEMENTS WITH THE STATE OF

CALIFORNIA, ACTING BY AND THROUGH THE DEPARTMENT OF

TRANSPORTATION
SECTION 1. Recitals.

A. The City of Vernon is eligible to receive State funding for certain transportation related work through the California Department of Transportation (CalTrans).

B. A Restricted Grant Agreement must be executed with CalTrans before such funds can be claimed through the Clean California Local Grant Program.

C. The City Council wishes to delegate authorization to execute the Restricted Grant Agreements with CalTrans and any amendments thereto to the Director of Public Works.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS:

SECTION 2. The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct.

SECTION 3. The City Council of the City of Vernon hereby authorizes the Director of Public Works, or his or her designee, to execute all Restricted Grant Agreements, and any amendments thereto, necessary for the purposes of securing state-only funded program funds for, and on behalf of, the City of Vernon and to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the actions herein approved or authorized.
/ / /
/ / /
/ / /
/ / /
Resolution No. 2022-24

_______________________
SECTION 4. The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.

APPROVED AND ADOPTED this 19th day of July, 2022.
________________________
LETICIA LOPEZ, Mayor
ATTEST:

LISA POPE, City Clerk
(seal)
APPROVED AS TO FORM:

ZAYNAH N. MOUSSA,
Interim City Attorney
City Council Agenda Item Report
Submitted by: Michael Earl
Submitting Department: Human Resources
Meeting Date: July 19, 2022

SUBJECT
Appointment of Zaynah N. Moussa as City Attorney
Recommendation:

Adopt Resolution No. 2022-25 appointing Zaynah N. Moussa to serve as City Attorney for the City of Vernon effective July 19, 2022, and approving and authorizing the execution or a related at-will employment agreement.

Background:

On February 1, 2022, the City Council directed staff to secure the services of an executive recruiting firm to conduct a recruitment for the position of City Attorney. Quotes were solicited from executive recruiting firms that specialize in public sector executive recruitment and following a review of the proposals submitted, the Finance Director and City Administrator approved an agreement with Wendi Brown Creative Partners, Inc. (WBCP) to conduct the recruitment.

WBCP solicited input from a cross-section of community stakeholders to develop a candidate profile for recruitment of the next City Attorney. WBCP received a total of 29 applications from a group of very well qualified candidates possessing a variety of municipal government legal experience, including from current City Attorneys, Assistant City Attorneys, and senior attorneys from other public agencies. WBCP staff conducted phone screening interviews with 18 candidates. Following the initial screening, 15 candidates' profiles were reviewed with the City Council in closed session at its meeting of June 7, 2022. From that meeting, six candidates were recommended for interviews with a panel of internal and external subject matter experts; panel interviews were conducted on June 20, 2022. The interview panel recommended two candidates for further consideration. The two finalists had informal meetings with the City Administrator on June 23, 2022 and interviewed with the City Council in closed session at a Special City Council Meeting on June 27, 2022. At the conclusion of the City Council interviews, the City Council directed the City Administrator and Director of Human Resources to negotiate an at-will employment agreement with their desired candidate, Zaynah N. Moussa.

Zaynah N. Moussa has spent her entire career representing municipalities. She began her legal career at a private law firm working for public entities and focusing on litigation defense work with a specialization in high-exposure police defense and municipal liability cases involving allegations of excessive force, wrongful death, and dangerous conditions of public property. Ms. Moussa joined the City of Vernon City Attorney’s Office in 2013 as part of the City’s broad implementation of good governance measures. She has played a key role in moving the City forward in its goals towards becoming a model municipal government. She has been instrumental in developing and implementing new personnel policies, developing and standardizing template forms and contracts, as well as procurement policies and purchasing standards. Ms. Moussa has also provided sound legal advice in the area of labor and employment law assisting in the labor negotiations process, the transition of the City’s fire services to Los Angeles County, and advising the City in arbitration and civil litigation matters.

Since July of 2021, Ms. Moussa has served as Interim City Attorney and, as such, has managed all City legal activities, including the City’s re-acquisition of the Malburg Generation Station powerplant. During her term as Interim City Attorney, Ms. Moussa has greatly improved internal customer service to the City’s various departments, and has significantly reduced the City’s overall legal expenses. Ms. Moussa’s commitment to the success of the City of Vernon is unwavering. Ms. Moussa has a Bachelor's Degree in Political Science from the University of Southern California and a Juris Doctor Degree from Loyola Law School.

Fiscal Impact:

The estimated annual cost for the City Attorney is approximately $316,188 including salary and benefits ($279,936 base salary and $36,252 in benefit costs). Sufficient funds for the appointment of the City Attorney and approval of an At-Will Employment Agreement are available in the General Fund, City Attorney's Office Fiscal Year 2022-2023 budget.

Attachments:

1. Resolution No. 2022-25
RESOLUTION NO. 2022-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON
APPOINTING ZAYNAH N. MOUSSA TO SERVE AS THE CITY

ATTORNEY OF THE CITY OF VERNON AND APPROVING AND

AUTHORIZING THE EXECUTION OF A RELATED AT-WILL

EMPLOYMENT AGREEMENT
SECTION 1. Recitals.

A. The City Attorney position has been vacant since July 2021.

B. On February 1, 2022, the City Council of the City of Vernon authorized the Director of Human Resources to secure the services of an executive recruiting firm to conduct the recruitment process to fill the vacant City Attorney position.

C. On or about March 2022, the City retained the services of Wendy Brown Creative Partners, Inc. (WBCP) to conduct a recruitment for the position of City Attorney for the City of Vernon.

D. WBCP created an executive recruitment brochure for the position (attached hereto as Exhibit A) and conducted a broad and extensive recruitment that included multiple screenings and interviews of numerous applicants.

E. The City Council conducted final interviews of the two highest ranking candidates at a Special City Council Meeting on June 27, 2022.

F. The City Council of the City of Vernon has determined Zaynah N. Moussa (Moussa) to be the most qualified candidate for the position and desires to appoint Moussa to serve as the City Attorney, effective July 19, 2022.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS:

SECTION 2. The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct.

SECTION 3. The City Council hereby appoints Zaynah N. Moussa to serve as the City Attorney of the City of Vernon, effective July 19, 2022.

SECTION 4. The City Council hereby approves and authorizes the execution of the At-Will Employment Agreement with Zaynah N. Moussa to serve as City Attorney of the City of Vernon, in substantially the same form as attached hereto as Exhibit B.

Resolution No. 2022-25

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SECTION 5. The City Clerk, or any authorized officer, shall administer the Oath of Office prescribed in the Constitution of the State of California to Moussa and shall have her subscribe to it and file it with the Human Resources Department.

SECTION 6. The City Council of the City of Vernon hereby directs the City Clerk, or the City Clerk’s designee, to give a fully executed Agreement to Moussa.

SECTION 7. The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.

APPROVED AND ADOPTED this 19th day of July, 2022.

LETICIA LOPEZ, Mayor
ATTEST:

LISA POPE, City Clerk
(seal)

C A R E E R

O P P O R T U N I T Y
THE CITY OF VERNON SEEKS A CITY ATTORNEY who is
customer-service focused, a self-starter, and experienced at providing legal counsel on highly sensitive and complex legal matters that affect the City, such as municipal law, civil rights and tort litigation, government contracting and
procurement, land use, and labor and employment, among
other practice areas. The ideal candidate will be an
outstanding communicator, business partner, and relationship builder who is responsive and informed and can effectively manage outside counsel and lead internal staff. The next City Attorney will be eager to help the City Council achieve its goals and understand the importance of a responsive City Attorney’s Office that provides expert advice in a timely manner. The successful candidate will lead their department, overseeing two direct reports, and work effectively with staff and executive leadership, elected and appointed officials, the business community, constituents, and other neighboring and regional agencies and partners. If you have experience in a municipal setting, know what good governance looks like, are customer-service centric, responsive, and confident in your legal counsel abilities, apply today!
CITY

ATTORNEY

ANNUAL SALARY
$266,606–$324,061

DOE/DOQ

CITY OF VERNON,

CALIFORNIA
Exhibit A
Resolution No. 2022-25

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THE CITY
THE CITY OF VERNON, led by an educated and experienced five-member City Council, was incorporated in 1905 and is largely an industrial community. This 5.2-square-mile city is five miles south of downtown Los Angeles, making it an excellent hub for those who want to be near the hustle and bustle of downtown LA. While Vernon has only approximately 250 residents, there are over 50,000 people who work in the City each day. Vernon is home to over 1,800 businesses, with its core industries including food and agriculture, apparel, steel, plastics, logistics, and home furnishings. The City has been recognized as one of Los Angeles County’s “Most BusinessFriendly Cities” by the L.A. County Economic Development Corporation. Vernon maintains strong philanthropic ties with the neighboring communities where much of its workforce lives, providing significant financial support for public services. Residents and businesses benefit from the City’s own powerplant, which provides affordable utilities. While remaining business-centric, the City is eager to champion growth and evolve as a place to not only work but also live and play.

The City operates on a budget of $360 million and employs approximately 200 staff. It provides a multitude of services across its 10 departments that include city administration, city attorney, city clerk, city council, finance and treasury, health and environmental control, human resources, police, public utilities, and public works. The City is especially proud of its Public Utilities Department that serves as an essential resource to the City’s business community, providing dependable, high-quality utility services at very competitive rates.

Resolution No. 2022-25

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THE JOB
THE CITY ATTORNEY WILL LEAD the City Attorney’s Office, provide legal counsel to City staff and officials, advocate for the City’s interests, and serve as a persuasive legal representative in legal proceedings. The City Attorney will ensure that their office is maintaining an in-house legal library, enhance their team’s abilities through training and career development opportunities, and reduce reliance on outside legal services. They will also assist the City in implementing the Good Governance Reform and continue to navigate
compliance-related issues. Much of this role involves
providing a high level of customer service to internal clients and thinking proactively about various legal matters.

THE CITY
ATTORNEY’S
OFFICE
THE OFFICE OF THE CITY ATTORNEY represents the City
of Vernon and works to arrive at innovative solutions which effectively address the unique issues affecting residents and businesses in the City and ensure that the public interest is well-served in all areas. Its mission is to provide professional, ethical, and quality legal services that ultimately protect the interests of the City of Vernon, the City Council, City departments, and the citizens of the community. Virtually every program and service offered by the City depends upon support from this Office, and the attorneys in the Office are recognized for their knowledge and expertise in municipal, land use, and labor and employment law, civil rights and tort litigation, and government contracting and procurement. The Office is led by the City Attorney and supported by a Legal Administrative Analyst, Senior Deputy City Attorney, and outside counsel as needed.

Resolution No. 2022-25

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THE IDEAL

CANDIDATE
THE IDEAL CANDIDATE KNOWS good
governance and has municipal
experience. They understand the importance
of a communicative City Attorney’s Office
and will keep things moving along through
responsiveness and quick, yet accurate and
thorough recommendations to assist
decision making. The next City Attorney will
be a-political, influential, an adept
communicator and presenter, and eager to
solve problems and answer legal questions.

They will be a collaborative business partner
in working toward the City’s reforms and
demonstrate transparent and ethical
leadership. The successful candidate will be
an adept project manager, juggle competing
priorities with ease, thrive in a fast-paced
environment, and take challenges head-on.
u Manage situations with tact and professionalism
while demonstrating emotional intelligence,
political savvy, and confidence.
u Successfully build trust and credibility.
u Provide cost-effective and skilled professional
legal services.
u Effectively manage and oversee litigation and
outside council expenses and the department’s
budget.
u Work to meet the goals and initiatives of the
City.
u Voice sound legal advice and assist the City
with policy reform.
u Have strong written and verbal communication
skills.
u Be a municipal government legal generalist
with exposure and/or experience providing
legal counsel on utility matters.

The ideal candidate will also…

UPCOMING

PROJECTS

FOR THE CITY
As the City Attorney, you will provide
legal counsel as the City works toward
accomplishing these long-term goals:
u Provide the lowest electrical rate in
California by 2030
u Increase residential population
u Securing the long-term financial
stability of the City
Resolution No. 2022-25

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EMPLOYMENT STANDARDS
u Juris Doctorate Degree from an accredited law school, AND u Seven years of increasingly responsible professional
experience in municipal or other government law, including trial experience and experience with utilities, land use, public financing, contracts, personnel, and/or labor relations, AND u A valid California State Driver’s License, AND
u Active membership in the California State Bar Association Resolution No. 2022-25

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SALARY&

BENEFITS
The City of Vernon offers an
annual salary of $266,606–
$324,061 DOE/DOQ and
a comprehensive benefits
package including vacation,
holiday, and sick leave as
well as medical, dental vision,
life, and long-term disability
insurance.

RETIREMENT BENEFIT: Retirement
benefits are provided by the
California Public Employees’
Retirement System (CalPERS)
CAFETERIA BENEFITS PLAN:

Monthly allowance toward the
purchase of a HMO, PPO, or HSA
medical plan for employee + family
members. Remaining amount can
be used toward the purchase of an
HMO or PPO Dental plan and Vision
coverage for dependents. Vision
coverage is included at no cost
to the employee. Supplemental
Insurance plans available.

HOLIDAY PAY: 13 holidays per
calendar year
VACATION: 120–190 hours based on
years of employment
SICK LEAVE: 80 hours per year
ADMINISTRATIVE LEAVE: 80 hours
per calendar year
TUITION REIMBURSEMENT:
$2,200.00 is available for completion
of job-related college courses
OTHER BENEFITS: 4/10 schedule,
bereavement leave, and jury duty
MISCELLANEOUS BENEFITS: The
City provides an interest-free loan
program for the purchase of a
computer, corrective eye surgery,
and a hearing aid device
HOW

TO APPLY
For first consideration, apply
by MAY 24, 2022, at:

SAVE THE DATES. Selected candidates must be
available for both dates:
u Round one interviews will take place via virtual interviews and be held on JUNE 20.
u Round two interviews will take place in person on JUNE 27.

Please contact your recruiter, Wendi Brown,
with any questions: [email protected]
541.664.0376 (direct) | 866.929-WBCP (toll-free) A P P LY H E R E Resolution No. 2022-25

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AT-WILL EMPLOYMENT AGREEMENT (NON-SAFETY)

BETWEEN THE CITY OF VERNON AND
ZAYNAH N. MOUSSA
This Agreement is between the City of Vernon (“City”) and Zaynah N. Moussa (“Employee”).

Recitals
City desires to employ Employee as an at-will employee in the position of City Attorney.

Employee desires to be the City Attorney and acknowledges that such employment is at-will.

The City Council, pursuant to the authority granted by the City of Vernon Charter, agrees to hire Employee, as an at-will employee, subject to the terms and conditions identified below.

AGREEMENT
Section 1: TERM
The effective date of this Agreement shall be July 19, 2022 . Either party may terminate this Agreement pursuant to the provisions set forth below. Employee is an at-will employee and may be terminated, with or without cause, upon thirty (30) days written notice. Employee may resign with thirty (30) days advance notice as set forth in Section 8 below.

Section 2: DUTIES
A. City engages Employee as the City Attorney to perform the functions and duties specified in the job description for the position (Attachment “A”, incorporated herein by this reference), as the same may be modified by the City Council, from time to time, and to perform such other legally permissible and proper duties and functions as the City Council shall, from time to time, assign.

B. Employee agrees that to the best of her ability and experience that she will, at all times, conscientiously perform the duties and obligations required, either express or implied, by the terms of this Agreement, the ordinances, resolutions and adopted policies of the City of Vernon and the laws and regulations of the State of California and the United States.

C. As a public employee, Employee is required to work a full and complete work week pursuant to the established work schedule as determined by the City Council, and devote whatever time is necessary to fulfill the employment responsibilities and duties as identified in this Agreement.

D. During the term of this Agreement, Employee is required to have and maintain a valid California Driver’s license.

E. Employee acknowledges that in connection with the performance of her duties, she will obtain information from City employees and third parties that is of a confidential nature.

Employee agrees that she will not disclose such confidential information other than to officers and employees of the City who have been authorized to have access to such information.

Exhibit B
Resolution No. 2022-25

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- 2 - June 2020
Employee further agrees that if she has a question as to the confidentiality of information obtained in the course of her employment, she will contact the City Council for advice.

Section 3: EXCLUSIVE EMPLOYMENT
Employee agrees to focus her professional time, ability and attention to City business during the term of this Agreement. Consequently, Employee agrees not to engage in any other business pursuits, whatsoever, directly or indirectly, render any services of a business, commercial, or professional nature to any other person or organization, for compensation, without the prior written consent of the City Council. This does not preclude Employee from volunteering her services to other entities or individuals as long as such volunteer services are not in conflict with the services to be provided by Employee under this Agreement.

Section 4: COMPENSATION
As compensation for the services to be rendered by Employee, City agrees to pay Employee a base starting salary of no less than $23,328, per month, payable in twenty-six (26) biweekly installments at the same time as other employees of the City are paid and subject to customary withholding. Salary adjustments (merit increases), if any, in Employee’s salary during the term of this Agreement shall be at the sole discretion of the City Council based upon the City Council’s evaluation of Employee’s job performance and within the base salary range established by the City Council or as otherwise approved by the City Council. Any and all adjustments shall be in accordance with City personnel policies and procedures. Employee’s salary shall be reflected in the City’s publicly available salary schedule.

Section 5: BENEFITS
A. Retirement
As an employee of the City of Vernon, Employee will be enrolled in the California Public Employees Retirement System (CalPERS) retirement plan, as such plan may be amended by the City Council. As of the date of this employment agreement, such plan includes the 2.7% at 55 benefit formula for “classic” miscellaneous employees or the 2.0% at 62 benefit formula for “new” miscellaneous employees. The Employee pays for the employee contribution to CalPERS.

B. Other Executive Management Benefits
Employee shall receive all benefits specified by the then current Resolutions of the City Council of Vernon for Executive Management Staff, including, without limitation, those related to Vacation, Administrative Leave, Holidays, Sick Leave, Medical and Dental Insurance, Life Insurance, Flexible Benefit Plans, Vision Care, Other Leaves, and Deferred Compensation, and other types of leave in accordance with the Personnel Policies and Procedures Manual.

Section 6: TERMINATION AND SEVERANCE PAY
A. Employee is an at-will employee and serves at the will and pleasure of the City Council and may be terminated at any time, without cause, subject to the conditions of paragraphs B and C of this section.

B. In the event that Employee is terminated by the City Council for reasons other than physical or mental incapacity, and other than those reasons noted in paragraph E, Resolution No. 2022-25

________________________
- 3 - June 2020
below, the City agrees to pay the employee a severance amount equal to six (6) months of base salary.

C. To be eligible for severance pay, as identified in paragraph B, of this section, Employee shall fulfill all of her obligations under this Agreement and shall sign a severance agreement and release of all claims against the City.

D. All severance payments shall be paid within thirty (30) calendar days of the date Employee executes the severance agreement and release of claims against the City.

E. Notwithstanding paragraphs A, B and C, above, if Employee resigns or retires, or is terminated due to insubordination, incapacity, dereliction of duty, violation of the City’s Alcohol and Drug-Free Workplace Policy III-1, conviction of a crime involving moral turpitude or involving personal gain to her or abuse of her office or position or any felony or for a breach of this Agreement, City shall have no obligation to pay any severance provided in this section. Furthermore, Employee agrees that any severance provided shall be fully reimbursed to the City if the Employee is convicted of a crime involving an abuse of her office or position.

F. Upon termination, Employee shall be paid for all earned, but unused, vacation time.

Section 7: ABUSE OF OFFICE OR POSITION
If Employee is paid leave salary during a pending investigation, any salary provided for that purpose shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of her office or position.

If Employee is provided funds for any legal criminal defense during her employment with the City, any funds provided for that purpose shall be fully reimbursed to the City if the Employee is convicted of a crime involving an abuse of her office or position.

If this Agreement is terminated, any cash settlement related to the termination that Employee may receive from the City shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of her office or position.

Section 8: RESIGNATION / RETIREMENT
Employee may resign at any time. Employee may retire, provided she is eligible for retirement, at any time. Employee agrees to provide thirty (30) calendar days advance written notice of the effective date of her resignation or retirement.

In the event Employee retires or resigns, Employee shall be entitled to payment for earned, but unused, vacation time, but not to severance pay as delineated in Section 6, paragraph B, above.

Section 9: DISABILITY
If Employee is permanently disabled or otherwise unable to perform her duties because of sickness, accident, injury, mental incapacity or health for a period of thirty (30) calendar days beyond any earned sick leave, City shall have the option to terminate this Agreement; however, the City’s option to terminate under this Section shall be limited by its obligation to engage in the interactive process for reasonable accommodations and to provide reasonable accommodations as required by law. Nothing in this Section shall be construed to limit or restrict Employee’s benefits or rights under workers’ compensation or the California Public Employees Retirement System (“CalPERS”).

Resolution No. 2022-25

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- 4 - June 2020
However, an employee terminated under this section is not eligible for severance pay, as delineated in Section 6 of this Agreement.

In cases of disability, Employee shall be compensated for any earned, but unused, vacation leave.

Section 10: GENERAL PROVISIONS
A. Notice

Any notices required by this Agreement shall be in writing and either delivered in person or by first class, certified, return receipt requested US Mail with postage prepaid. Such notice shall be addressed as follows:

TO CITY: City Council
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
TO EMPLOYEE: Zaynah N. Moussa
[Deliver to last updated address in personnel file]
B Entire Agreement
The text of this Agreement shall constitute the entire and exclusive agreement between the parties. All prior oral or written communications understanding or agreements between the parties, not set forth herein, shall be superseded in total by this Agreement. No Amendment or modification to this Agreement may be made except by a written agreement signed by the Employee and the City Council.

C Assignment
This Agreement is not assignable by either the City or Employee.

D Severability
In the event that any provision of this Agreement is finally held or determined to be illegal or void by a court having jurisdiction over the parties, the remainder of this Agreement shall remain in full force and effect unless the parts found to be void are wholly inseparable from the remaining portions of this Agreement.

E. Effect of Waiver
The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions in this Agreement by the other party shall not be deemed a waiver of that term, covenant or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other time or times.

F. Jurisdiction
Resolution No. 2022-25

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- 5 - June 2020
Any action to interpret or enforce the terms of this Agreement shall be held exclusively in a state court in Los Angeles County, California. Employee expressly waives any right to remove any such action from Los Angeles County.

G. Effective Date
This Agreement shall take effect on July 19, 2022.
[Signatures Begin on Next Page].

Resolution No. 2022-25

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- 6 - June 2020
IN WITNESS WHEREOF, the City of Vernon has caused this Agreement to be signed and executed on its behalf by City Council and executed by the Employee.

City of Vernon, a California charter City and
California municipal corporation
Dated: By:

Leticia Lopez, Mayor
or Crystal Larios, Mayor Pro Tem

ATTEST:

Lisa Pope, City Clerk
Resolution No. 2022-25

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- 7 - June 2020
In signing this Agreement, Employee understands and agrees that her employment status is that of an at-will employee and that her rights to employment with the City are governed by the terms and conditions of this Agreement rather than the ordinances, resolutions, and policies of the City of Vernon which might otherwise apply to employees of the City. Employee further acknowledges that she was given the opportunity to consult with an attorney prior to signing this Agreement.

Signed:

Dated:

Employee

Resolution No. 2022-25

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- 8 - June 2020

ATTACHMENT A
Job Description
Resolution No. 2022-25

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City Attorney Vernon CA 1 of 2

JOB DESCRIPTION
City Attorney
Date Prepared: March 2014 Class Code: 1110
SUMMARY: Under policy direction, directs and administers the operations of the City Attorney’s Office; acts as the legal representative for all elected and appointed officials and City departments; provides the City Council and City Administrator with the legal advice and legal documents necessary to ensure that policy and objectives are compliant with State, Local and Federal law.

CLASS CHARACTERISTICS
This single position class is appointed by and serves at the pleasure of the City Council. The City Attorney manages all City legal activities, including civil litigation, whether performed by in-house staff or outside counsel. The incumbent is responsible for personally handling sensitive and complex legal matters and rendering advice and options to the City Council, Boards and Commissions, the City Administrator and others.

ESSENTIAL FUNCTIONS: -- Essential functions, as defined under the Americans with Disabilities Act, may include any of the following representative duties, knowledge, and skills. This is not a comprehensive listing of all functions and duties performed by incumbents of this class; employees may be assigned duties which are not listed below; reasonable accommodations will be made as required. The job description does not constitute an employment agreement and is subject to change at any time by the employer. Essential duties and responsibilities may include, but are not limited to, the following:
 Manages the City Attorney’s Office through effective planning and fiscal management; provides leadership, direction and guidance in legal strategies and priorities.  Evaluates and analyzes issues, and recommends and implements solutions regarding the legal implications of all City operations.
 Monitors and assures legal documents, activities and procedures are compliant with all laws, ordinances, policies, and regulations.
 Provides legal counsel and services to City boards, commissions, the City Council and City departments.  Plans, organizes, administers, reviews and evaluates the activities of professional staff in managing the operation and legal services of the City Attorney’s office; participates as a member of the City’s executive team; assists the Council and staff to achieve their objectives.  Reviews the legal sufficiency of all documents in the City, including ordinances, resolutions, contracts and other legal documents as to form.
 Directs the selection, supervision and work evaluation of department personnel; provides for staff training and professional development.
 Monitors developments, including proposed legislation and court decisions related to municipal law and activities; and evaluates their impact upon City operations.  Confers with and/or supervises special counsel as needed.  Attends City Council and other commission meetings as required.  Coordinate City Attorney functions with other departments and outside agencies and organizations.  Appear before courts and administrative proceedings to represent the City’s interest as required.  Develops a working knowledge of the specialized work performed by outside counsel on matters such as electrical power generation and transmission.
 Ensures absolute confidentiality of work-related issues, and City information; assures compliance with the standards of the Public Records Act.

Resolution No. 2022-25

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City Attorney Vernon CA 2 of 2
 Supports the relationship between the City of Vernon and the general public by demonstrating courteous and cooperative behavior when interacting with visitors and City staff; maintains confidentiality of workrelated issues and City information; performs other duties as required or assigned.

MINIMUM QUALIFICATIONS:

Education, Training and Experience Guidelines:

Juris Doctorate Degree from an accredited law school, and seven years of increasingly responsible professional experience in municipal or other government law, including trial experience and experience with utilities, land use, public financing, contracts, personnel and labor relations.

Knowledge of:
 City organization, operations, policies and procedures.  Thorough knowledge of California municipal and administrative law and procedures.  Applicable state and federal statutes, rules, codes and regulations.  Principles and methods of legal research and investigations.  Legal, ethical and professional rules of conduct for public sector employees  Judicial procedures and the rules of evidence; the pleading and practice of effective presentation of court cases.

Skill in:
 Interpreting and applying local, state and federal laws and constitutional provisions affecting municipal operations.
 Presenting legal issues and analysis in a manner that can be understood and used by non-lawyers.  Communicating effectively, both orally and in writing. • Assuring the City's compliance with all laws, regulations, and rules. • Managing staff, delegating tasks and authority, and coaching to improve staff performance. • Assessing and prioritizing multiple tasks, projects and demands. • Establishing and maintaining effective working relationships with other City employees, public officials, government agency representatives, and the public.  Defining issues, performing legal research, and analyzing problems.  Evaluating alternatives and making sound recommendations; present statements of fact, law and argument clearly and logically.
 Exercising sound judgment within general policy guidelines and legal parameters.  Representing the City effectively in hearings, courts of law and in meetings with others.  Investigating, analyzing and resolving complex and sensitive issues and complaints.  Exercising controlled discretion and mediating difficult situations.

LICENSE AND CERTIFICATION REQUIREMENTS:

A valid California State Driver’s License is required.

Active membership in the California State Bar Association.

PHYSICAL DEMANDS AND WORKING ENVIRONMENT:

Work is performed in a standard office environment.

Resolution No. 2022-25

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City Council Agenda Item Report
Submitted by: Lisette Grizzelle
Submitting Department: Human Resources
Meeting Date: July 19, 2022

SUBJECT
Memorandum of Understanding by and between the City of Vernon and the Vernon Police Officers' Benefit Association
Recommendation:

Adopt Resolution No. 2022-26 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, 2022 through June 30, 2025.

Background:

The existing memoranda of understanding (MOUs) between the City of Vernon and the City's four bargaining groups expired June 30, 2022. Pursuant to City Council direction and authority, negotiations with all four bargaining groups began in April 2022. Labor negotiations with the Vernon Police Officers' Benefit Association (VPOBA), representing sworn Police Officers and Police Sergeants, have been ongoing since May 2022 for a successor MOU. On June 23, 2022, the membership ratified a tentative agreement on a successor MOU.

It is recommended that City Council approve a successor MOU with the VPOBA for the period of July 1, 2022 through June 30, 2025 that reflects the following key provisions:

Three year term from July 1, 2022 through June 30, 2025; One salary grade increase as follows: Police Officer from pay grade 26 to pay grade 27; Police Sergeant from pay grade 31 to pay grade 32;
A 3% Cost of Living Adjustment to salaries (COLA) effective in July 2, 2023 and July 14, 2024;
Increase Bilingual Pay from $125 to $275 per month;
Addition of a 10% longevity tier for VPOBA employees hired on or after July 1, 1995 and on or before December 31, 1998 to correct a prior CalPERS special compensation reporting error;
Revision to the method of calculating In-Lieu Holiday hours; and Various minor language changes to update and or eliminate outdated or obsolete language that is either no longer in effect or required update to reflect current practices.

Changes from the previous MOU are redlined in the draft 2022- 2025 MOU (Attachment 2).

Fiscal Impact:

The estimated fiscal impact of the 2022-2025 VPOBA MOU is approximately $207,300 for fiscal year 2022-2023. Sufficient funds are available in the salary and benefit accounts for the Police Department. Funding for future years will be included in future proposed budgets.

Attachments:

1. Resolution No. 2022-26

2. 2022-2025 VPOBA MOU (Redline)
RESOLUTION NO. 2022-26

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, 2022 THROUGH JUNE 30, 2025
SECTION 1. Recitals.

A. The Vernon Police Officers’ Benefit Association (VPOBA) has been recognized as an employee organization pursuant to Resolution No. 4027.

B. On August 6, 2019, the City Council of the City of Vernon adopted Resolution No. 2019-32, 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, 2019 through June 30, 2022.

C. The City and the VPOBA have concluded labor negotiations regarding wages, benefits and working conditions for the period of July 1, 2022 through June 30, 2025.

D. Representative members of the VPOBA and the City have agreed to execute a Memorandum of Understanding 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, 2022 through June 30, 2025.

E. 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 2. The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct.

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 attached hereto as Exhibit A.

SECTION 4. The City Council of the City of Vernon hereby instructs the City Administrator, or his designee, to take whatever action is deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized, including but not limited to, any nonsubstantive changes to the MOU attached herein.

SECTION 5. The City Council of the City of Vernon hereby directs the City Clerk, Resolution No. 2022-26

_______________________
or the City Clerk’s designee, to send a fully executed MOU to Ignacio S. Estrada, President of the Vernon Police Officers’ Benefit Association.

SECTION 6. The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.

APPROVED AND ADOPTED this 19th day of July, 2022.
_______________________
LETICIA LOPEZ, Mayor

ATTEST:

LISA POPE, City Clerk
(seal)
APPROVED AS TO FORM:

ZAYNAH N. MOUSSA,
Interim City Attorney
1 MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF VERNON
AND
VERNON POLICE OFFICERS’ BENEFIT ASSOCIATION
July 1, 2022 through June 30, 2025
Resolution No. 2022-26

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2 TABLE OF CONTENTS

MEMORANDUM OF UNDERSTANDING
Parties to the Memorandum of Understanding .................................................................... 6 ARTICLE ONE: FUNDAMENTALS
Section 1: Recognition ............................................................................................... . 7 Section 2: No Discrimination ....................................................................................... 7 Section 3: Mutual Cooperation ................................................................................... . 7 Section 4: 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 Section 2: Term ........................................................................................................... . 9 Section 3: Maintenance of Existing Conditions ............................................................ 9 Section 4: Modification and Waiver ........................................................................... 10 Section 5: Severability ................................................................................................. 10 ARTICLE THREE: SALARIES
Section 1: Police Officers .............................................................................................. 11 Section 2: Sergeants ....................................................................................................... 11 Section 3: Merit Steps ................................................................................................. ..11 Section 4: Salary Adjustment Increase ........................................................................ . 12 Section 5: Premium Pay ................................................................................................. 12 Section 6: Bilingual Pay ................................................................................................. 12 Section 7: “P.O.ST.” Certificate Incentive ..................................................................... 13 Section 8: Shooting Pay ................................................................................................. 13 Section 9: Field Training Officer ................................................................................ .. 13 Resolution No. 2022-26

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3 Section 10: Canine Handlers ......................................................................................... .. 14 Section 11: Motor Officers ............................................................................................. . 14 Section 12: Relief Sergeant .............................................................................................. 14 Section 13: Police Corporal Assignment – Lead Premium Pay ........................................ 14 ARTICLE FOUR: LONGEVITY
Section 1: Employees Hired Before July 1, 1995 ......................................................... 15 Section 2: Employees Hired On or After July 1, 1995 ................................................. 16 Section 3: Employees Hired On or After July 1, 1995 and on or before December 31, 1998 ...................................................................................... 16 ARTICLE FIVE: OVERTIME
Section 1: Overtime Authorization ................................................................................. 17 Section 2: FLSA Overtime ............................................................................................. 17 Section 3: Comp Time .................................................................................................. . 17 Section 4: Leave Time Inclusion .................................................................................. . 17 Section 5: Training and Recertification ......................................................................... 18 Section 6: Court Attendance and “Stand By” Time ....................................................... 18 Section 7: Call Backs ..................................................................................................... 20 Section 8: Jury Duty ....................................................................................................... 20 Section 9: Non-Compensable .......................................................................................... 21 ARTICLE SIX: UNIFORMS, ALLOWANCE AND SAFETY EQUIPMENT
Section 1: Uniform Allowance ...................................................................................... . 23 Section 2: Summer Uniforms .......................................................................................... 23 Section 3: Safety Equipment ......................................................................................... . 23 Resolution No. 2022-26

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4 ARTICLE SEVEN: BENEFITS
Section 1: Public Employees Retirement System ......................................................... . 24 Section 2: Supplemental PERS Benefits ..................................................................... .. 24 Section 3: Medical .......................................................................................................... 26 Section 4: Cafeteria Plan ................................................................................................. 26 Section 5: Dental Plan ..................................................................................................... 27 Section 6: Vision Plan ..................................................................................................... 27 Section 7: Life Insurance ................................................................................................ 28 Section 8: Retirees Medical ........................................................................................ .. 28 Section 9: Vacation Time .............................................................................................. . 31 Section 10: “In Lieu” Holiday Time ................................................................................. 31 Section 11: Sick Leave ...................................................................................................... 32 Section 12: Bereavement Leave ...................................................................................... . 33 Section 13: Deferred Comp.............................................................................................. .33 Section 14: Other City Employee Programs ..................................................................... 33 Section 15: City Vehicle ................................................................................................. .34 ARTICLE EIGHT: WORK SCHEDULE AND ABSENCES
Section 1: Provisions ..................................................................................................... 35 Section 2: Work Schedule 3/12 Plan............................................................................... 35 Section 3: Shift and Code Seven Policy.......................................................................... 35 Section 4: Sergeants ..................................................................................................... . 36 Section 5: Shift Trades ................................................................................................. . 36 Section 6: Early Relief .................................................................................................. . 37 Section 7: Staffing ........................................................................................................... 37 ARTICLE NINE: GRIEVANCE PROCEDURE
Grievance Procedure Steps ................................................................................................. . 38 ARTICLE TEN: DISCIPLINE PROCEDURE
Discipline Procedures ......................................................................................................... . 41 Resolution No. 2022-26

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5 ARTICLE ELEVEN: MANAGEMENT RIGHTS
Management Rights ............................................................................................................. . 46

SIGNATURE PAGE
Signatures ............................................................................................................................. 48 Resolution No. 2022-26

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6 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 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 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, 2022, and shall expire at midnight on June 30, 2025.

IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN STATED, the VPOBA and the City of Vernon agree as follows:

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7 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/her 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 II, Chapter 2.2 of the City of Vernon City Charter. The agreement to meet and confer over the effect of the exercising of a City right shall not in any way impair the right of the City to exercise and implement any of its rights to layoff.

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.

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8 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 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/her Association board members would be regularly scheduled to work.

A. The VPOBA President will be responsible for assigning any Association Leave Time to his/her board members. Unused hours may not be carried over from one year to the next without the written authorization of the Police Chief or designee.

B. In each case where Association Leave Time is requested, such request must be in writing to the Police Chief or designee or above a minimum of 72 hours before the Leave Time is needed unless authorized in writing by the Police Chief or 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 designee.

D. In no case will Association Leave Time be used for political action purposes.

Resolution No. 2022-26

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9 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, 2022, and shall remain in full force and effect up to and including midnight, the 30th day of June 2025 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, 2025 and March 1, 2025.

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.

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10 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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11 ARTICLE THREE

SALARIES
(a) Effective the first full pay period after July 1, 2022, the salary ranges for the classifications of Police Officer and Police Sergeant shall be as follows in an effort to maintain the City’s salary plan administration and policy goals:

Police Officer: Salary Range No. 27
Police Sergeant: Salary Range No. 32
(b) Effective the first full pay period in July of each subsequent year during the term of the agreement, the base salaries shall be increased 3%.

Section 1: Police Officer
Police Officer Salary Range PO 27
Step Effective
7/3/2022
Effective*
7/2/2023
Effective*
7/14/2024
1 $ 7,161 $ 7,376 $ 7,597
2 $ 7,519 $ 7,745 $ 7,977
3 $ 7,895 $ 8,132 $ 8,376
4 $ 8290 $ 8,539 $ 8,795
5 $ 8,704 $ 8,966 $ 9,234
Section 2: Police Sergeant
Sergeant
Salary Range PO 32
Step Effective
7/3/2022
Effective*
7/2/2023
Effective *
7/14/2024
1 $ 9,139 $ 9,414 $ 9,696
2 $ 9,596 $ 9,884 $ 10,181
3 $ -10,076 $ 10,379 $ 10,690
4 $ 10,580 $ 10,898 $ 11,224
5 $ 11,109 $ 11,443 $ 11,786

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.

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12 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 (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 Two Hundred Seventy-Five Dollars ($275.00) 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.

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13 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 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 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: 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 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.

Resolution No. 2022-26

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14 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 computing other incentive pay.

Resolution No. 2022-26

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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 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 Resolution No. 2022-26

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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.

Section 3: Employees Hired on or after July 1, 1995 and on or before December 31, 1998.

Notwithstanding Sections 1 and 2 above, effective July 6, 2008, the City established an additional 5% longevity program tier. Employees hired on or after July 1, 1995, and on or before December 31, 1998, shall be entitled to receive an additional 5% above base pay (for a total Longevity pay not to exceed 10%) for attaining ten years of service.

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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 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.

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:

Resolution No. 2022-26

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18 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 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 standby 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).

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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 onehalf (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 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 Resolution No. 2022-26

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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 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 onehalf compensation) for actual time worked.

If the employee is ordered to return to work immediately, his/her 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 Resolution No. 2022-26

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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 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 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 Resolution No. 2022-26

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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.

Resolution No. 2022-26

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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 ($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 CalPERS 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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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 CalPERS contribution by paying an additional 1% of CalPERS reportable compensation for a total contribution of ten percent (10%).

Effective the first full pay period in July 2020, in accordance with Government Code Section 20516(f) pursuant to a cost-sharing arrangement, all employees designated as “classic” employees and enrolled in the “classic” retirement benefit formula shall share the cost of the employer CalPERS contribution by paying an additional 1% of CalPERS reportable compensation for a total contribution of eleven percent (11%).

Effective the first full pay period in July 2021, in accordance with Government Code Section 20516(f) pursuant to a cost-sharing arrangement, all employees designated as “classic” employees and enrolled in the “classic” retirement benefit formula shall share the cost of the employer CalPERS contribution by paying an additional 1% of 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.

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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 ($430).
• 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.

Resolution No. 2022-26

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26 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 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, Resolution No. 2022-26

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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 Resolution No. 2022-26

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28 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 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 Resolution No. 2022-26

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29 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.

Current active employees as of July 1, 2022, who have had a previous break in service with the City shall receive credit for any previous full-time City of Vernon service for the purpose of determining eligibility for retiree medical benefits.

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 reenroll.

Resolution No. 2022-26

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30 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 m edical 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 sworn Peace Officers for a minimum of twenty (20) years and a minimum of ten (10) years of that service has been in the employment of the City of Vernon. The City contribution shall be applied only toward a city provided medical and dental premium plan payment and shall have no cash surrender value.

The City’s contribution toward the Retiree Medical/Dental Benefit Plan shall continue for said retired employee up to the age of sixty-five (65). Upon reaching the age of sixty-five (65), the retiree shall apply for Medicare Part A and 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.

Resolution No. 2022-26

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31 Eligible retired employees may opt not to enroll in the City’s medical and/or dental insurance coverage and instead receive a monthly reimbursement payment up to the amount provided above depending on the employee’s date of hire as permitted by the Public Employee Pension Reform Act (PEPRA). Once a retired employee opts not to enroll in the City’s medical and/or dental insurance, he or she will not be allowed to re-enroll.

Section 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
Current active employees as of July 1, 2022, who have had a previous break in service with the City shall receive credit for any previous full-time City of Vernon service for the purpose of determining accrual of vacation leave.

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 designee, the manpower or service level on the day or days and at the times requested is adequate to permit granting such a request.

Vacation time provided for herein shall be accumulated from calendar year to calendar year, and shall be compensated for if not utilized during said period.

Section 10: “In Lieu” Holiday Time
Each year, the City will determine the number of holidays observed and shall provide in-lieu holiday hours for these employees in an amount equal to the number of observed holidays multiplied by the employees’ paid hours per shift.
“In lieu” holidays will be credited to each employee on each July 1in which he/she is on the active Resolution No. 2022-26

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32 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 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 Resolution No. 2022-26

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33 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 parentsin-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 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:

Resolution No. 2022-26

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34 • 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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35 ARTICLE EIGHT

WORK SCHEDULE AND ABSENCES
Section 1: Provisions
The Vernon Chief of Police at his/her 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 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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36 Section 4: Sergeants
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: 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 Resolution No. 2022-26

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37 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.

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38 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.

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39 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 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 Resolution No. 2022-26

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40 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.

Resolution No. 2022-26

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41 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 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 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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42 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) (PreDisciplinary 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 designee within ten (10) days of receipt of the supervisor’s decision. The determination of the Chief of Police or 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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43 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 allegations are not sustained, the employee suspended without pay shall be entitled to reinstatement with full back pay and benefits.

Resolution No. 2022-26

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44 D. DISCIPLINARY APPEAL PROCEDURES
Major Discipline
Any permanent employee in the classified service shall have the right to appeal any dismissal, suspension of three (3) days or more, reduction in salary, or non-probationary demotion. The appeal process shall not be applicable to probationary employees. The appeal process shall not be applicable to performance evaluations, verbal and/or written reprimands.

An employee desiring to appeal the discipline shall have ten (10) days after receipt of proposed notice of discipline. The employee’s request for appeal must be addressed to the City Administrator and received in the Human Resources Department. The Human Resources Department shall date stamp the employee’s appeal to verify the timeliness of the appeal.

If, within the 10 day appeal period, the employee does not file the appeal, unless good cause for the failure is shown, the discipline shall be considered conclusive. If the employee files a timely appeal, an arbitration appeal hearing shall be established as follows:

1. The employee shall submit a written request to the Human Resources Department for advisory arbitration to the City Administrator or designee. The City and Association will share equally share (i.e. 50/50) the arbitration-related expenses, excluding attorney fees, expert witness(es) and staff time.

2. The City shall request a list of seven (7) arbitrators registered with the American Arbitration Association, California State Conciliation Service or some other agreed upon source within ten (10) days of the employee’s request. If the parties are unable to agree on an arbitrator from that list, an arbitrator will be selected by the parties alternately striking names from the list until only one (1) name remains.

3. The selected arbitrator shall serve as the hearing officer.

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.

Resolution No. 2022-26

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45 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 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.

Resolution No. 2022-26

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46 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.

Resolution No. 2022-26

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47 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.

Resolution No. 2022-26

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48 SIGNATURE PAGE

CITY OF VERNON VERNON POLICE OFFICERS

BENEFIT ASSOCIATION
Carlos R. Fandino, Jr. Ignacio S. Estrada III
City Administrator / “MERR” President
______________________________ ______________________________ Michael A. Earl Lorenzo Gaytan
Director of Human Resources Negotiating Committee
_____________________________ ______________________________ Scott A. Williams Phillip M. Swinford
Director of Finance/City Treasurer Negotiating Committee _____________________________ ________________________
Lisette M. Grizzelle Marissa R. Velez
Senior Human Resources Analyst Negotiating Committee
_____________________________
Robert Todd
Attorney
APPROVED AS TO FORM:
______________________________
Zaynah N. Moussa
Interim City Attorney

APPROVED AND ADOPTED BY THE CITY COUNCIL ON , PER
RESOLUTION NO. .

ATTEST:

Dated:________________________
Lisa Pope
City Clerk
Resolution No. 2022-26

________________________
1 MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF VERNON
AND
VERNON POLICE OFFICERS’ BENEFIT ASSOCIATION
July 1, 202219 through June 30, 20252
2 TABLE OF CONTENTS

MEMORANDUM OF UNDERSTANDING
Parties to the Memorandum of Understanding .................................................................... 6 ARTICLE ONE: FUNDAMENTALS
Section 1: Recognition ............................................................................................... . 7 Section 2: No Discrimination ....................................................................................... 7 Section 3: Mutual Cooperation ................................................................................... . 7 Section 4: 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 Section 2: Term ........................................................................................................... . 9 Section 3: Maintenance of Existing Conditions ............................................................ 9 Section 4: Modification and Waiver ........................................................................... 10 Section 5: Severability ................................................................................................. 10 ARTICLE THREE: SALARIES
Section 1: Police Officers .............................................................................................. 11 Section 2: Sergeants ..................................................................................................... 112 Section 3: Merit Steps ............................................................................................... ..112 Section 4: Salary Adjustment Increase ...................................................................... . 123 Section 5: Premium Pay ............................................................................................... 123 Section 6: Bilingual Pay ............................................................................................... 123 Section 7: “P.O.ST.” Certificate Incentive ................................................................... 123 Section 8: Shooting Pay ............................................................................................... 134 Section 9: Field Training Officer .............................................................................. .. 134 3 Section 10: Canine Handlers ......................................................................................... .. 14 Section 11: Motor Officers ........................................................................................... . 145 Section 12: Relief Sergeant ............................................................................................ 145 Section 13: Police Corporal Assignment – Lead Premium Pay ...................................... 145 ARTICLE FOUR: LONGEVITY
Section 1: Employees Hired Before July 1, 1995 ....................................................... 156 Section 2: Employees Hired On or After July 1, 1995 ............................................... 167 Section 3: Employees Hired On or After July 1, 1995 and on or before December 31, 1998 ...................................................................................... 16 ARTICLE FIVE: OVERTIME
Section 1: Overtime Authorization ............................................................................... 178 Section 2: FLSA Overtime ........................................................................................... 178 Section 3: Comp Time ................................................................................................ . 178 Section 4: Leave Time Inclusion ................................................................................ . 179 Section 5: Training and Recertification ....................................................................... 189 Section 6: Court Attendance and “Stand By” Time ..................................................... 189 Section 7: Call Backs ................................................................................................... 201 Section 8: Jury Duty ..................................................................................................... 202 Section 9: Non-Compensable ........................................................................................ 212 ARTICLE SIX: UNIFORMS, ALLOWANCE AND SAFETY EQUIPMENT
Section 1: Uniform Allowance .................................................................................... . 234 Section 2: Summer Uniforms ........................................................................................ 234 Section 3: Safety Equipment ....................................................................................... . 234 4 ARTICLE SEVEN: BENEFITS
Section 1: Public Employees Retirement System ....................................................... . 245 Section 2: Supplemental PERS Benefits ................................................................... .. 245 Section 3: Medical .......................................................................................................... 26 Section 4: Cafeteria Plan ................................................................................................. 26 Section 5: Dental Plan ................................................................................................... 276 Section 6: Vision Plan ..................................................................................................... 27 Section 7: Life Insurance .............................................................................................. 287 Section 8: Retirees Medical ...................................................................................... .. 287 Section 9: Vacation Time .......................................................................................... . 3129 Section 10: “In Lieu” Holiday Time ............................................................................. 3129 Section 11: Sick Leave .................................................................................................... 320 Section 12: Bereavement Leave .................................................................................... . 330 Section 13: Deferred Comp............................................................................................ .331 Section 14: Other City Employee Programs ................................................................... 331 Section 15: City Vehicle ................................................................................................. .34 ARTICLE EIGHT: WORK SCHEDULE AND ABSENCES
Section 1: Provisions ................................................................................................... 352 Section 2: Work Schedule 3/12 Plan............................................................................. 352 Section 3: Shift and 7 Code Seven Policy..................................................................... 352 Section 4: Sergeants ................................................................................................... . 363 Section 5: Shift Trades ............................................................................................... . 363 Section 6: Early Relief ................................................................................................ . 374 Section 7: Staffing ......................................................................................................... 374 ARTICLE NINE: GRIEVANCE PROCEDURE
Grievance Procedure Steps ............................................................................................... . 385 ARTICLE TEN: DISCIPLINE PROCEDURE
Discipline Procedures ..................................................................................................... . 4138 5 ARTICLE ELEVEN: MANAGEMENT RIGHTS
Management Rights ........................................................................................................... . 463

SIGNATURE PAGE
Signatures ........................................................................................................................... 485 6 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 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 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, 202219, and shall expire at midnight on June 30, 20252.

IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN STATED, the VPOBA and the City of Vernon agree as follows:
7 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/her 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 II, Chapter 2.2 of the City of Vernon City Charter. The agreement to meet and confer over the effect of the exercising of a City right shall not in any way impair the right of the City to exercise and implement any of its rights to layoff.

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. 8 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 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/her Association board members would be regularly scheduled to work.

A. The VPOBA President will be responsible for assigning any Association Leave Time to his/her 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. 9 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, 202219, and shall remain in full force and effect up to and including midnight, the 30th day of June 20252 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, 20252 and March 1, 20252.

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. 10 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.
11 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 75th percentile grade and step plan shall be Y-rated and thereafter their respective salaries frozen during the term of this contract.
(a) Effective the first full pay period after July 1, 2022, the salary ranges for the classifications of Police Officer and Police Sergeant shall be as follows in an effort to maintain the City’s salary plan administration and policy goals:

Police Officer: Salary Range No. 27
Police Sergeant: Salary Range No. 32
(a)(b) 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 75th percentile.the first full pay period in July of each subsequent year during the term of the agreement, the base salaries shall be increased 3%. (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 1% 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 31% COLA*
Salary Range PO 276
Step Effective Effective* Effective*
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12 7/37/202219 7/25/20230 7/14/20241
1 $ 6,686
7,161
$ 6,753
7,376
$ 6,820
7,597
2 $ 7,020
7,519
$ 7,090
7,745
$ 7,161
7,977
3 $ 7,371
7,895
$ 7,445
8,132
$ 7,519
8,376
4 $ 7,740
8290
$ 7,817
8,539
$ 7,895
8,795
5 $ 8,127
8,704
$ 8,208
8,966
$ 8,290
9,234
Section 2: Police Sergeant
Sergeant with 31% COLA*
Salary Range PO 321
Step Effective
7/37/202219
Effective*
7/25/20230
Effective *
7/14/20241
1 $ 8,533
9,139
$ 8,618
9,414
$ 8,704
9,696
2 $ 8,960
9,596
$ 9,049
9,884
$ 9,139
10,181
3 $ 9,407-
10,076
$ 9,501
10,379
$ 9,596
10,690
4 $ 9,878
10,580
$ 9,977
10,898
$ 10,076
11,224
5 $ 10,372
11,109
$ 10,475
11,443
$ 10,580
11,786

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.
13 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 (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 Two Hundred TwentySeventy-Five Dollars ($125275.00) 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 14 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 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: 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 15 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.

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 computing other incentive pay.

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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 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 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 aAfter 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.

Section 3: Employees Hired on or after July 1, 1995 and on or before December 31, 1998.

Notwithstanding Sections 1 and 2 above, effective July 6, 2008, the City established an additional 5% longevity program tier. Employees hired on or after July 1, 1995, and on or before December 31, 1998, shall be entitled to receive an additional 5% above base pay (for a total Longevity pay not to exceed 10%) for attaining ten years of service.

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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.

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:
19 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 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 standby 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). 20 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 onehalf (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 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 21 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 onehalf compensation) for actual time worked.

If the employee is ordered to return to work immediately, his/her 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 22 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 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 23 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.
24 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 CalPERS 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. 25 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 CalPERS contribution by paying an additional 1% of CalPERS reportable compensation for a total contribution of ten percent (10%).

Effective the first full pay period in July 2020, in accordance with Government Code Section 20516(f) pursuant to a cost-sharing arrangement, all employees designated as “classic” employees and enrolled in the “classic” retirement benefit formula shall share the cost of the employer CalPERS contribution by paying an additional 1% of CalPERS reportable compensation for a total contribution of eleven percent (11%).

Effective the first full pay period in July 2021, in accordance with Government Code Section 20516(f) pursuant to a cost-sharing arrangement, all employees designated as “classic” employees and enrolled in the “classic” retirement benefit formula shall share the cost of the employer CalPERS contribution by paying an additional 1% of 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.
26 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).
• 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. 27 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 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, 28 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 29 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 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 30 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.

Current active employees as of July 1, 2022, who have had a previous break in service with the City shall receive credit for any previous full-time City of Vernon service for the purpose of determining eligibility for retiree medical benefits.

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 reFormatted: Normal, No bullets or numbering Formatted: Normal, Indent: Left: 0"
31 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 m edical 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 sworn Peace Officers for a minimum of twenty (20) years and a minimum of ten (10) years of that service has been in the employment of the City of Vernon. The City contribution shall be applied only toward a city provided medical and dental premium plan payment and shall have no cash surrender value.

The City’s contribution toward the Retiree Medical/Dental Benefit Plan shall continue for said retired employee up to the age of sixty-five (65). Upon reaching the age of sixty-five (65), the retiree shall apply for Medicare Part A and 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 32 for further notice.

Eligible retired employees may opt not to enroll in the City’s medical and/or dental insurance coverage and instead receive a monthly reimbursement payment up to the amount provided above depending on the employee’s date of hire as permitted by the Public Employee Pension Reform Act (PEPRA). Once a retired employee opts not to enroll in the City’s medical and/or dental insurance, he or she will not be allowed to re-enroll.

Section 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
Current active employees as of July 1, 2022, who have had a previous break in service with the City shall receive credit for any previous full-time City of Vernon service for the purpose of determining accrual of vacation leave.

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 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.Each year, the City will determine the number of holidays observed and shall provide in-lieu holiday hours for these employees in an amount equal to the number of observed holidays multiplied by the employees’ paid hours per shift.
33 “In lieu” holidays will be credited to each employee on each July 1in 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 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 34 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 parentsin-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 are eligible to participate in all City sponsored programs passed by City Council 35 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.
36 ARTICLE EIGHT

WORK SCHEDULE AND ABSENCES
Section 1: Provisions
The Vernon Chief of Police at his/her 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.
37 Section 4: Sergeants
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: 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. 40 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 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 41 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.
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. 43 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) (PreDisciplinary 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 allegations are not sustained, the employee suspended without pay shall be entitled to reinstatement with full back pay and benefits.
45 D. DISCIPLINARY APPEAL PROCEDURES
Major Discipline
Any permanent employee in the classified service shall have the right to appeal any dismissal, suspension of three (3) days or more, reduction in salary, or non-probationary demotion. The appeal process shall not be applicable to probationary employees. The appeal process shall not be applicable to performance evaluations, verbal and/or written reprimands.

An employee desiring to appeal the discipline shall have ten (10) days after receipt of proposed notice of discipline. The employee’s request for appeal must be addressed to the City Administrator and received in the Human Resources Department. The Human Resources Department shall date stamp the employee’s appeal to verify the timeliness of the appeal.

If, within the 10 day appeal period, the employee does not file the appeal, unless good cause for the failure is shown, the discipline shall be considered conclusive. If the employee files a timely appeal, an arbitration appeal hearing shall be established as follows:

1. The employee shall submit a written request to the Human Resources Department for advisory arbitration to the City Administrator or designee. The City and Association will share equally share (i.e. 50/50) the arbitration-related expenses, excluding attorney fees, expert witness(es) and staff time.

2. The City shall request a list of seven (7) arbitrators registered with the American Arbitration Association, California State Conciliation Service or some other agreed upon source within ten (10) days of the employee’s request. If the parties are unable to agree on an arbitrator from that list, an arbitrator will be selected by the parties alternately striking names from the list until only one (1) name remains.

3. The selected arbitrator shall serve as the hearing officer.

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. 46 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. 49 SIGNATURE PAGE

CITY OF VERNON VERNON POLICE OFFICERS

BENEFIT ASSOCIATION

Carlos R. Fandino, Jr. Gustavo S. HerreraIgnacio S. Estrada III
City Administrator / “MERR” Vice President
______________________________ ______________________________ Michael A. Earl Lorenzo Gaytan
Director of Human Resources Negotiating Committee
_____________________________ ______________________________ Ana K. Rueda Scott A. Williams Jose M. RamosPhillip M. Swinford Director of Finance/City TresurerHuman Resources Analyst Board Member/Negotiating Committee
_____________________________ _____________________________ Lisette M. Grizzelle Marissa R. Velez
Senior Human Resources Analyst Negotiating Committee
_____________________________
Robert Todd
Attorney
APPROVED AS TO FORM:
______________________________
Zaynah N. Moussa
Senior Deputy Interim City Attorney

APPROVED AND ADOPTED BY THE CITY COUNCIL ON , PER
RESOLUTION NO. .

ATTEST:

Dated:________________________
Deborah HarringtonLisa Pope
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50 Interim City Clerk
City Council Agenda Item Report
Submitted by: Michael Earl
Submitting Department: Human Resources
Meeting Date: July 19, 2022

SUBJECT
Memorandum of Understanding by and between the City of Vernon and Teamsters, Local 911 Recommendation:

Adopt Resolution No. 2022-27 approving the Memorandum of Understanding by and between the City of Vernon and Teamsters, Local 911 for the period of July 1, 2022 through June 30, 2025.

Background:

The existing Memoranda of Understanding (MOUs) between the City of Vernon and the City's four bargaining groups expired June 30, 2022. Pursuant to City Council direction and authority, negotiations with the bargaining groups began in April 2022. Labor negotiations with Teamsters, Local 911, representing a variety of technical, maintenance, and administrative City staff, have been ongoing since May 17, 2022 for a successor MOU. On June 21, 2022, the parties reached a tentative agreement on the terms of a successor MOU, which is scheduled for a ratification vote on Monday, July 18, 2022.

It is recommended that City Council approve a successor MOU with Teamsters, Local 911 for the period of July 1, 2022 through June 30, 2025 that reflects the following key provisions:

Three year term from July 1, 2022 through June 30, 2025; A 3% Cost of Living Adjustment (COLA) in July of each year of the MOU; Increase Bilingual Pay from $125 to $275 per month consistent with all eligible City employees;
Revision to calculation of Holiday In-Lieu hours;
Updated language relating to Sick Leave usage to be consistent with State law; Reimbursement for bi-annual recertification required of Environmental Health Specialists;
Development of supervisory guidelines for remote work; and Prior City of Vernon service credit for current employees towards eligibility for retiree medical benefits and vacation accrual.

Changes from the previous MOU are redlined in the draft 2022-2025 MOU (Attachment 2).

Fiscal Impact:

The estimated fiscal impact of the 2022-2025 Teamsters MOU is approximately $285,175 for Fiscal Year 2022-23. Sufficient funds are available in the salary and benefit accounts for each City Department. Funding for future years will be included in future proposed budgets.

Attachments:

1. Resolution No. 2022-27

2. 2022-2025 Teamsters MOU (Redline)
RESOLUTION NO. 2022-27

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON

APPROVING THE MEMORANDUM OF UNDERSTANDING BY AND
BETWEEN THE CITY OF VERNON AND TEAMSTERS LOCAL 911 FOR
THE PERIOD OF JULY 1, 2022 THROUGH JUNE 30, 2025
SECTION 1. Recitals.

A. The Teamsters Local 911 (Teamsters) has been recognized as an employee organization pursuant to Resolution No. 4027.

B. On August 6, 2019, the City Council of the City of Vernon adopted Resolution No. 2019-33, approving a Memorandum of Understanding by and between the City and Teamsters for the period of July 1, 2019 through June 30, 2022 (2019-2022 MOU).

C. The City and Teamsters have concluded labor negotiations regarding wages, benefits and working conditions for the period of July 1, 2022 through June 30, 2025.

D. Representative members of Teamsters and the City have agreed to execute a Memorandum of Understanding setting forth certain terms and conditions for employment of City of Vernon employees in classifications represented by Teamsters, for the period of July 1, 2022 through June 30, 2025 (2022-2025 MOU).

E. The City Council desires to approve the 2022-2025 MOU.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS:

SECTION 2. The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct.

SECTION 3. The City Council of the City of Vernon hereby approves the Memorandum of Understanding between the City of Vernon and Teamsters Local 911, in substantially the same form 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 2022-2025 MOU attached herein.

SECTION 5. The City Council of the City of Vernon hereby directs the City Clerk, or the City Clerk’s designee, to send a fully executed 2022-2025 MOU to Carlos Rubio, Vice-President/Senior Business Representative of Teamsters Local 911.

Resolution No. 2022-27