Agenda packet — Vernon City Council, July 19, 2022 (part 3 of 5)

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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.
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LETICIA LOPEZ, Mayor
ATTEST:

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

ZAYNAH N. MOUSSA,
Interim City Attorney

MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF VERNON
AND
TEAMSTERS LOCAL 911
July 1, 2022 through June 30, 2025
Resolution No. 2022-27

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2 TABLE OF CONTENTS

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3 Section 6: Merit Steps ................................................................................................... 18 Section 7: Premium Pay .............................................................................................. . 18 Section 8: Training and Recertification Time ................................................................ 19 ARTICLE FIVE: OVERTIME
Section 1: Overtime Authorization ................................................................................. 20 Section 2: F.L.S.A. Overtime ......................................................................................... 20 Section 3: Compensatory Time ..................................................................................... . 20 Section 4: Call Backs ................................................................................................... . 21 Section 5: Holdover Pay ................................................................................................. 21 ARTICLE SIX: UNIFORMS & SAFETY FOOTWARE ALLOWANCE
Section 1: Uniforms & Safety Footwear Allowance..................................................... . 22 ARTICLE SEVEN: HEALTH AND WELFARE BENEFITS
Section 1: Medical .......................................................................................................... 23 Section 2: Cafeteria Plan ................................................................................................. 23 Section 3: Dental ......................................................................................................... .. 24 Section 4: Vision ............................................................................................................ 24 Section 5: Life Insurance ................................................................................................ 24 Section 6: Deferred Compensation ................................................................................. 24 Section 7: Other City Employee Programs ................................................................... . 24 ARTICLE EIGHT: RETIREMENT
Section 1: P.E.R.S. ........................................................................................................ 26 Section 2: Supplemental P.E.R.S. Retirement Benefits .................................................. 26 Section 3: Retiree Medical .............................................................................................. 27 Resolution No. 2022-27

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4 ARTICLE NINE: HOLIDAYS
Section 1: Holidays ....................................................................................................... . 29 Section 2: In-Lieu Holidays ............................................................................................ 30 ARTICLE TEN: VACATION
Section 1: Vacation Leave. .............................................................................................. 31 Section 2: Vacation Accumulation .................................................................................... 31 Section 3: Scheduling of Vacation ..................................................................................... 32 ARTICLE ELEVEN: SICK LEAVE
Section 1: Sick Leave. ....................................................................................................... 33 Section 2: Family Sick Leave (Kin Care) ......................................................................... 33 ARTICLE TWELVE: LEAVE BENEFITS
Section 1: Jury Duty ......................................................................................................... 35 Section 2: Bereavement Leave ........................................................................................... 35 ARTICLE THIRTEEN: WORK SCHEDULE AND WORKING CONDITIONS
Section 1: Provisions ......................................................................................................... 37 Section 2: 4/10 Work Schedule .......................................................................................... 37 Section 3: Work Schedule .................................................................................................. 37 Section 4: Standby Policy .................................................................................................. 37 ARTICLE FOURTEEN: GRIEVANCE PROCEDURE
Grievance Procedure ................................................................................................................. 40 ARTICLE FIFTEEN: DISCIPLINE PROCEDURE
Discipline Procedure ................................................................................................................. 43 ARTICLE SIXTEEN: JOINT LABOR MANAGEMENT COMMITTEE
Joint Labor Management Committee ........................................................................................ 47 Resolution No. 2022-27

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5 SIGNATURE PAGE
Signatures ............................................................................................................................ ….48 Resolution No. 2022-27

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6 MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF VERNON
AND
TEAMSTERS LOCAL 911 (TEAMSTERS)

PREAMBLE
This Memorandum of Understanding (hereinafter referred to as “MOU”) is entered into by and between the City of Vernon (hereinafter referred to as “City”) and the California Teamsters, Public, Professional and Medical Employees Union, Local 911, affiliated with the International Brotherhood of Teamsters (hereinafter referred to as the “Union”). It is the purpose of this MOU to promote and provide for harmonious relations, cooperation, and understanding between Management and the Employees covered by this MOU. This MOU is entered into with reference to the following facts:

A. Representatives of management for the City of Vernon (hereafter “City”) and representatives of Teamsters Local 911 (hereafter “Union”) have met and conferred in good faith exchanging proposals concerning wages, hours, fringe benefits and other terms and conditions of employment of employee-members represented by the Union.

B. The management representatives and the representatives of the Union have reached an understanding as to recommendations to be made to the City Council for the City of Vernon and to the membership of the Union.

C. This MOU incorporates, contains, and represents all of the terms and conditions agreed upon by both parties as of the date this agreement is ratified.

Resolution No. 2022-27

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7 ARTICLE ONE

FUNDAMENTALS
Section 1: Recognition
The City recognizes the California Teamsters, Public, Professional, and Medical Employees Union, Local 911 (“Union”) as the certified majority representative of the employees, comprised of Addendum A, 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 Union shall discriminate against any individual or employee with respect to their 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 nonmembership in the Union.

The City and Teamsters agree that the City’s policies set forth in the City of Vernon’s Personnel Policies and Procedures Manual and the Administrative Manual shall be applied in a nondiscriminatory manner as prohibited by state and federal anti-discrimination, anti-harassment, and whistleblower laws. Employees shall not be subject to intimidation, retaliation, coercion, or discrimination for exercising their rights under these policies.

Section 3: No Strikes or Lockouts
During the life of this agreement no work stoppages, strikes, or slowdowns shall be caused or sanctioned by the Union, and no lockouts shall be made by the City.

Section 4: Layoffs
In accordance with the Meyers-Milias Brown Act, the City and the Union 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: City/Union Meetings
Representatives from the Union and the City shall meet as needed to discuss issues of mutual Resolution No. 2022-27

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8 concern.

Section 6: Union Business
A. Use of Bulletin Boards
The City shall provide the Union designated bulletin boards where employees will have access during regular business hours, subject to the following conditions:

1. All Postings for bulletin boards must contain the date of posting and the identification of the Union, and

2. Union will not post information, which is defamatory, derogatory, or obscene, subject to the immediate removal of the right to post for a period not to exceed ninety (90) days.

3. The City will provide separate bulletin boards for the exclusive use of the Union at the following locations:

A. Lunchroom in the City Yard.

B. Communications Center in Police Department.

C. West wing lunchroom on the second floor of City Hall.

D. South wing lunchroom on the second floor of City Hall.

E. Lunchroom on the third floor of City Hall.

B. Access to Facilities
Except as specifically identified in Section D below, all Union business will be conducted by employees and Union representatives outside of established work hours.

Nothing herein shall be construed to prevent a Union representative or an employee from contacting the Human Resources Director or other management representatives regarding personnel related matters during work hours. The authorized Union Business Agent shall be given access to work locations during working hours provided that prior to visiting any work location the Union representative shall:

Obtain authorization for the visit from the Human Resources Director or designee. In the event the requested time and/or location of such visit by the Union Business Agent is denied because it would interfere with the operations of the department, the Human Resources Director or designee shall consult with the Union Business Agent regarding availability and set an alternative time and/or location for such visit within seventy-two (72) hours of the request.

The Union may schedule meetings in the City facilities at such times these facilities are not in use by submitting a written request to the Human Resources Director or designee, which shall include the date, time, and number of people expected. Approval will be granted in the same manner as it is granted to other organizations.

C. Shop Stewards
Resolution No. 2022-27

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9 The City agrees to recognize up to five (5) Stewards appointed by the Union. One of the five (5) shall be appointed by the Union as the Chief Steward. The Union shall notify the City in writing of the names and departments of each Steward and Chief Steward.

D. Union Business
The Chief Steward and Stewards shall be allowed release time during their regular work hours to conduct Union related business as necessary provided it does not unreasonably interfere with the Stewards’ and/or employees’ regular work duties. If a Steward must leave their work location to conduct Union related business, he/she shall first obtain authorization from their supervisor to do so. Authorization to leave will be granted unless such absence would be unreasonable. If such authorization cannot be granted promptly, the Steward will be informed when time can be made available. To the extent reasonable and compatible with City operational needs, such time will not be more than forty-eight (48) hours, excluding scheduled days off and/or legal holidays, after the time of the Steward’s request unless otherwise mutually agreed upon. For purposes of this section, “Union Business” shall include grievance investigations, meetings with management called by management or the Chief Steward/Steward, investigatory meetings where an employee has requested a Steward, contract/MOU negotiations, meetings with Human Resources involving personnel or labor relations matters, council meetings, health insurance committee meetings, and meetings of any other committees established by the City that involve matters directly pertaining to the bargaining unit with regard to said committees. Any Steward seeking leave time for Union business for tasks not listed in this section shall obtain authorization from the Human Resources Director or designee.

The City agrees to allow all employees of the bargaining unit paid release time to attend a Union meeting on site at the City up to twice per year, up to one (1) hour per meeting.

The City agrees to release up to five (5) Stewards per year to attend a one (1) day Union sponsored Steward seminar located in Southern California. The Union shall provide the City at least ten (10) calendar days prior written notice of the request to release the Stewards for the seminar. Such request shall include the date and start/end time of the seminar. City vehicles may be made available upon request subject to availability and the City’s vehicle use policy.

Release time as provided for in any of the above sections shall not result in the City incurring any overtime.

E. Union Participation in New Employee Orientation

A Teamsters Local 911 representative(s) shall be notified of new employee orientations and shall be allowed to make a presentation to new hires for the sole purpose of providing employees with information regarding Teamsters Local 911 during City Hall hours.

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10 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 of employment and promotions; D. Direct its employees;
E. Establish and enforce dress and grooming standards as outlined by City Management in writing;
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 government operations;
H. Determine the methods, means numbers, and kinds of personnel by which government operations are to be conducted;
I. Determine the content and intent of 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 facilities, methods, technology, means, organizational structure, size, and composition of the work by which the City operations are to be conducted; M. Determine and change the number of locations and types 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. To assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments upon reasonable notice;
O. Establish and modify productivity and performance programs and standards; P. Discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees in accordance with applicable laws and with the provisions of this MOU, including without limitation Article II, Section 6 – Probationary Period and 9 – Disciplinary Actions;
Q. Take all necessary actions to carry out its mission in emergencies; and Resolution No. 2022-27

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11 R. Exercise complete control and discretion over its organization and the technology of performing its work.

The Union and City agree that if the City’s exercise of these rights impacts wages, hours, or terms and conditions of employment, the City will meet and confer on the effect of its actions. This will occur prior to implementation except in emergency circumstances as defined in law. The agreement to meet and confer over the effect of the exercising of a City right shall not in any way impair the right of the City to exercise and implement any of its rights.

Section 8: Contracting Out:

The City and the Union share a common interest in maintaining the stability and the security of the City’s workforce. As such, the City agrees to notify the Union prior to any decision to contract with an outside party if such contracting out will have a significant, long-term impact on work performed by employees in classifications represented by the Union. Such notification will be given before a decision to contract out is made, and the Union will have an opportunity to comment prior to a determination by the City to enter into contracting arrangements. If such contracting out will result in potential layoff of any unit member(s), the City shall meet and confer over the impact and effect such contracting out will have on the membership. This provision shall not apply to contracts already established at the time this MOU is adopted.

Section 9: Employee Rights
The City and Union mutually recognize and agree to fully protect the rights of all employees covered by this MOU to join and participate in the activities of the Union and corresponding rights of covered employees to refrain from joining and participating in the activities of the Union. The City agrees that no employee shall be interfered with, intimidated, restrained coerced or discriminated against because of the exercise of these rights.

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12 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 Union when approved and adopted by the City Council.

The City and the Union 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 15, 2025.

Section 3: Modification and Waiver
The Union and the City hereby agree that no changes in this MOU regarding the hours or other conditions of employment of employees in the classification represented by the Union that would take effect prior to the expiration of the MOU shall occur, unless both parties mutually agree to such changes.

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.

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13 ARTICLE THREE

ORGANIZATIONAL SECURITY
Upon receipt of written certification from the Union of an employee’s voluntary authorization for the deduction, the City shall deduct and remit to the Union the Union’s initiation fee and periodic dues for members of the Union. Should there be a dispute regarding the existence or terms of the authorization for deduction of dues and/or fees, the Union shall provide the City with a copy of the authorization(s) signed by the employee.

Dues and/or fees withheld by the City shall be transmitted to the Union Officer designated in writing by the Union as a person authorized to receive such funds, at the address specified. Dues and/or fees shall be deducted from the first and second paycheck of each month and remitted to the Union by the last business day of the month.

The City shall not deduct money specifically earmarked for a PAC or other political activities unless such deduction is affirmatively, separately, and specifically authorized in writing by the unit member.

The Union shall keep an adequate itemized record of its financial transactions and shall make available annually to the City and, upon request, to the employees who are members of the unit, within sixty (60) days after the end of its fiscal year, a detailed written financial report in the form of a balance sheet and an operating statement, certified as to accuracy by its president and treasurer or principal officer, or by a certified public accountant. A copy of financial reports required under the Labor-Management Disclosure Act of 1959, or Government Code section 3546.5, shall satisfy this requirement.

The Union shall provide protection to the City by indemnifying, defending, and holding the City harmless from and against all claims and liabilities as a result of any loss, claim, liability or cause of action arising out of the operation of this article.

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14 ARTICLE FOUR

COMPENSATION
Section 1: Salaries
A. Effective the first day of the first full pay period in July 2022, the base salary ranges for the represented classifications shall be increased three percent (3%).

B. Effective the first day of the first full pay period in July 2023, the base salary ranges for the represented classifications shall be increased three percent (3%).

C. Effective the first day of the first full pay period in July 2024, the base salary ranges for the represented classifications shall be increased three percent (3%).

Section 2: Acting Pay
Employees who are assigned for six weeks or more to a higher position in an acting status during the absence of an incumbent, or to fill a vacancy until the vacancy can be filled by appointment, shall be eligible for Acting Pay. If all the conditions listed in Personnel Policy I-4, Acting/Interim Appointments have been satisfied the employee shall be compensated at either the beginning step of the higher classification, or 5% higher than he/she normally receives, whichever is greater, during the period of time that the employee is assigned to the higher position.

The employee must serve a minimum of 80 consecutive hours in the higher classification to be compensated at the higher rate. This compensation shall be retroactive to the first hour of the acting/interim appointment. Claims for acting/interim pay will not be honored beyond six months from the end of the acting/interim appointment. Please refer to Personnel Policy and Procedures I4 Acting/Interim Appointments for specific details.

Section 3: Bilingual Pay
An employee shall be compensated for bilingual pay if their regular job duties provide for interaction with the public on a regular basis. Employee must demonstrate proficiency in speaking Spanish (the ability to read and write in Spanish may also be tested if necessary). Proficiency would be determined by successful completion of a proficiency test as determined by the Director of Human Resources. Those employees who successfully demonstrate this skill would be eligible to receive an additional $275.00 per month for bilingual pay.

Section 4: Certification
An employee shall be eligible, to receive certificate pay in the amount of 2.5% of the employee’s base rate of pay for possession of a maximum of one (1) of the below certificates within their respective classification. Employees shall be required to annually submit eligibility documentation upon request by the Human Resources Department. The Human Resource Department shall confirm that eligible certifications are not required as part of their respective classification. Employees who have received the certification pay during the term of the prior Agreement shall continue to be Resolution No. 2022-27

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15 eligible to receive the certificate pay during the term of this Agreement. Employees hired or promoted into a classification for which a certification is required as part of the minimum qualifications as set forth in the job description, shall not be entitled to receive certificate pay

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16 Mechanic Class B Commercial Driver’s License
Welding Certification (Only one welder
certification required in the mechanic
classification series)
Senior Building Inspector ICC – Electrical Inspector
ICC- Plumbing Inspector UPC
ICC –Mechanical Inspector
Certified Access Specialist - CASP (Only 2
employees eligible in the inspector
classification series)
Professional Engineer (Civil, Structural, or
Geotechnical)
Plumbing and Mechanical Inspector ICC –Building Inspector and Safety Assessment Program (SAP) Evaluator Both
certificates required
ICC – Electrical Inspector
Certified Access Specialist - CASP (Only 2
employees eligible in the inspector
classification series)
Professional Mechanical Engineer
Project Engineer Professional Engineer (Traffic, Geotechnical) Professional Land Surveyor – (Only one
employee with a traffic, geotechnical or land
survey license required in the engineering
series).

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17 Warehouse Worker, Lead Pesticide Applicator Certification (Up to two employees rotated annually)
Water Maintenance Worker, Senior Class B Commercial Driver’s License Water Maintenance Worker Class B Commercial Driver’s License Fire Code Inspector/Fire Code Inspector,
Senior
ICC – Building Inspector
ICC – Fire Plans Examiner
Police Dispatcher Advanced Public Safety Dispatcher
Intermediate POST Certificate
Training Officer Certificate
Police Dispatcher, Lead Advanced Public Safety Dispatcher Intermediate POST Certificate
Training Officer Certificate
Section 5: Longevity Pay
A. Employees Hired on or Before June 30, 1994
Five (5)Years of Service
All eligible employees who have five (5) years of consecutive uninterrupted service on or before July l, 1986, shall receive an additional five percent (5%)per month of their base salary effective July l, 1986, and every year thereafter until reaching the next step.

Employees upon reaching their 5th anniversary date after July 1, 1986, shall be entitled to said five percent (5%)per month upon said anniversary date.

Ten (10) Years of Service
All eligible employees who have ten (10) years of consecutive uninterrupted 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 step.

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.

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18 Fifteen (15) Years of Service
All eligible employees who have fifteen (15)years of consecutive uninterrupted 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 step. Employees upon reaching their 15th anniversary date after July 1, 1988, shall be entitled to said fifteen percent (15%) per month upon said anniversary date.

Twenty (20) Years of Service
All eligible employees who have twenty (20) years of consecutive uninterrupted service on or before July 1, 1989, shall receive an additional twenty percent (20%) per month of their base salary effective July 1, 1989, and every year thereafter. Employees upon reaching their 20th anniversary date after July 1, 1989, shall be entitled to said twenty percent (20%) per month upon said anniversary date.

B. Employees Employed onor After July 1, 1994 and on or before December 31, 2013.

Five (5)Years of Service
All eligible employees who are employed on or after July 1, 1994, and on or before December 31, 2013, who attain five (5)years of consecutive uninterrupted service shall receive an additional five percent (5%) per month of their base salary. Such employees upon reaching their 5th anniversary date shall be entitled to receive said five percent (5%)per month upon said anniversary date.Further, such employees will not be entitled to receive any additional percentage increase to their base salary for further service.This subsection shall only apply to employees hired on or after July 1, 1994, and on or before December 31, 2013.

Section 6: Merit Steps
A. Employees who are not at the top step of their Classification Compensation Plan shall move to the next step on the Plan, if the employee achieved an overall “above average” rating as of their immediately preceding annual performance evaluation (s). Employees shall receive their annual evaluations as outlined in the City’s Performance Evaluation Policy.

B. The merit salary advances earned during the fiscal year shall go into effect at the beginning of the first full pay period of the following fiscal year.

C. The effective date of these merit salary advances shall not alter the employee’s actual classification anniversary date.

Section 7: Premium Pay
After approval by the City Administrator and Director of Human Resources, premium pay as Resolution No. 2022-27

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19 defined below shall be assigned to persons found to possess on a regular or temporary assignment such additional duties and responsibilities or whose positions entail certain hazards as to warrant this salary step over the base class.

1. 5% Premium Pay - A temporary 5% increase in pay shall be given to employees during periods when they assume some of the duties of higher-level job classes for a period of two weeks or more. Upgrade pay does not apply for short term absences or vacation coverage.

2. 10% Premium Pay – A temporary 10% increase in pay shall be given to employees when in the judgment of the Department Head and concurrence with the City Administrator they assume significantly more complex additional duties and responsibilities not normally found in their class for a period of two weeks or more. Upgrade pay does not apply for short term absences or vacation coverage.

3. 5% Dispatcher Training Pay – A temporary 5% increase in pay shall be given to Police Dispatchers when they are designated by the Police Chief or designee to train newly hired employees in the Police Dispatch Center.

Please refer to Personnel Policy and Procedures II-3 Salary Plan Administration for specific details.

Section 8: Training and Recertification Time
Training and/or recertification time that is required by the employee’s then current job description on file with the Human Resources Department or approved in advance by the Department Head is compensable.

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20 ARTICLE FIVE

OVERTIME
Section 1: Overtime Authorization
All overtime requests must have prior written authorization of the respective 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.

Section 2: F.L.S.A. Overtime
Employees will be paid overtime at time and a half (1.5) for all eligible hours worked in excess of forty (40) hours in a single workweek.

Holidays (regular, in-lieu, and floating), vacation time, compensatory time, paid jury duty leave, sick leave, and bereavement leave shall count as time worked for the purposes of computing overtime. Union leave, unpaid jury leave, disciplinary suspensions, and administrative leave shall not count as time worked for the purpose of computing overtime.

Section 3: Compensatory Time
In lieu of cash payment, an employee may request compensatory time for overtime worked. Accrual of compensatory time shall be limited at any point in time to a maximum of eighty (80) normal working hours. Compensatory time shall be calculated by multiplying the number of overtime hours worked by the appropriate factor of 1.5 or 2 times the regular hourly rate.

A. Overtime shall be compensated as mutually agreed upon in advance by employee and employer.

B. Scheduling of compensatory time requires prior management approval and must be preceded by a ten (10) day notice of intended use from the employee. Management may waive the ten (10) day notice in cases of emergency. Compensatory time off may be taken only in 15 minute increments. The ten (10) day notice requirement shall not apply to attendance at funerals; the employee will notify management as soon as the need to be absent for a funeral is known.

C. Upon promotion to an FLSA exempt classification, all compensatory time off shall be cashed out prior to promotion at the employee’s current regular rate of pay in the nonexempt classification.

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21 Section 4: Call Backs
Call back duty occurs when an employee is requested to report to duty on a non- scheduled work shift. Call back policy is applicable when an employee is requested to return to work, after the employee’s workday is completed and/or prior to when the employee is scheduled to begin their shift. Call back does not occur when an employee is held over from their prior shift or is working planned overtime.

An employee Called Back to duty shall be credited with a minimum of four (4) hours of work at the applicable overtime rate. Any hours worked in excess of four (4) hours shall be credited for actual time worked at the applicable overtime rate.

If the employee is Called Back to duty, their work time shall be credited commencing when the employee reports to work and shall conclude when the employee leaves work.

Section 5: Hold Over Pay
An employee following completion of a shift shall be paid double time for each hour held over in excess of four (4) hours beyond the regular shift, regardless of the number of regular hours worked in the pay period. For purposes of this section only, Hold Over Pay is applicable when an employee is required to work beyond a regular work shift whether planned and/or unplanned.

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22 ARTICLE SIX

UNIFORMS & SAFETY FOOT WEAR ALLOWANCE
If an employee’s job classification requires him/her to wear a uniform while on duty, as designated by the City or employee’s Department, the City will provide and launder such uniform.

For employees that work in the Police Department, the City will provide the initial set of uniforms to the employees. The newly hired employee will receive: two (2) class A uniforms; two (2) class B uniforms; two (2) polo shirts and one (1) jacket or sweater. On all subsequent anniversary dates for Police Department employees, the City will provide an annual uniform purchase and maintenance allowance of $600.00. The employee’s uniforms shall meet the applicable regulations for their job classification pursuant to City/Departmental policies.

Employees that work in the Fire Department and who are required to wear a uniform while on duty shall receive the uniform allowance identified in the then current Vernon Firemen’s Association Memorandum of Understanding.

The City will provide a safety foot wear allowance of $200.00 payable in the first pay period in July of each year for those employees required to wear safety boots/shoes. The boots/shoes purchased must be appropriate to the employee’s job classification and must meet applicable CAL-OHSA regulations and City/Departmental policies. Employees hired after January 1st will be eligible for a pro-rated amount as follows:

Hired, Promoted, or Reclassified on or
between:

Safety Boot/Shoe Allowance
July 1 – September 30 $200
October 1 – December 31 $150
January 1 – March 31 $100
April 1 – June 30 $50
Employees receiving the footwear allowance are required to wear the prescribed boots/shoes at all times while in the field or as required. Boots/shoes must be kept in a well-maintained condition to ensure employee safety. The City reserves the right to determine if the boot or shoe is appropriate to the job classification in conformance with applicable CAL-OHSA regulations and City/Departmental policies.

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23 ARTICLE SEVEN

HEALTH AND WELFARE BENEFITS
Section 1: 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 Union prior to any change of insurance carrier or method funding coverage for any fringe benefits listed in this article.

Section 2: Cafeteria Plan:

The City and Union agree to a section 125 cafeteria plan (non-cash out), for this bargaining unit effective July 1, 2016. The City will adhere to the cafeteria plan requirements in accordance with IRS Section 125 regulations. The City shall provide to each employee in this bargaining unit a monthly allowance toward the cost of their medical plan as outlined in Subsection A, B and C below.

A. The City shall provide a contribution equal to the total premium costs of Employee-Only, Employee + Spouse, Employee + Child(ren), or Employee + Family lowest-cost HMO, lowest-cost Dental DMO, and vision plan that corresponds with the employees’ benefit selection. Employees who elect a health plan whose premium cost is higher than the Low HMO medical, dental and vision will be responsible for any applicable excess premium costs. However, if an employee opts out of dental and/or vision coverage, then they may use these allotments for those respective coverages to pay towards the excess medical premiums. The City understands that the allotment amounts will vary based on the premium costs that go into effect on January 1 of each calendar year of the term of this Agreement.

B. During the term of this Agreement, Employees will be allowed to opt into other plans during any open enrollment period or upon a qualifying event as prescribed and defined by the City’s insurance provider.

C. For Employees electing Employee-Only, Employee + Spouse or Employee + Child(ren) plans, the maximum contribution by the City shall be either the amount set forth in Section A or $1120, whichever is greater. For employees enrolled in the PPO/HSA plan, the City shall pay up to 100% of the monthly cost of the plan for employees and eligible dependents, not to exceed $870 per month. In addition, for each employee enrolled in a PPO/HSA 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 PPO/HSA plan selected by the employee that exceeds $870 shall be paid by the employee Resolution No. 2022-27

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24 through a pre-tax payroll deduction. The City understands that the allotment amounts will vary based on the premium costs that go into effect on January 1 of each calendar year of the term of this Agreement.

Section 3: Dental:

The City of Vernon provides a dental insurance plan to employees. In the event an employee does not exceed their 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 their monthly employer medical allowance shall be paid by the employee through a pre-tax payroll deduction.

Section 4: Vision
The City of Vernon provides a vision care plan to employees. 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 their monthly employer medical allowance, the employee shall be allowed to apply any unused portion towards the purchase of additional provided coverage for vision care.

Section 5: Life Insurance
The City provides life insurance up to $20,000 in coverage 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.

Section 6: Deferred Compensation
Employees are eligible to participate in the City’s Deferred Compensation Program.

Section 7: Other City Employee Programs
Employees are eligible to participate in all City sponsored programs adopted by City Council Resolutions that are intended to benefit all employees in the areas of, but not limited to the following:
• Computer loan purchase plan
• Corrective eye surgery plan
• Flexible Spending Plan
• Hearing aid device plan
• Tuition reimbursement plan
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25 • Employee Assistance Program (EAP)
• Supplemental Life
• Long Term Disability
• Other supplemental insurance plans that may be available Resolution No. 2022-27

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26 ARTICLE EIGHT

RETIREMENT
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 2.7% at 55 PERS retirement benefit plan.

As a result of the recent passage of AB 340 Public Employee Pension Reform (PEPRA), new Ca1PERS members hired on or after January 1, 2013, who meets the definition of new member under PEPRA, shall be provided a 2.0% at 62 PERS retirement benefit plan.

Employees shall be responsible for paying their employee's contribution to PERS.

The City and Union agree to a reopener to discuss the impacts and effects if the laws concerning PERS are amended during the term of this contract.

Effective the first 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 nine percent (9%).

Effective the first 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 ten percent (10%).

Effective the first 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 eleven percent (11%).

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27 • New employees hired on or after January 1, 2013, who meet the definition of new member under PEPRA shall receive 3 Year Average Final Compensation • Gov't Code Section: 21024 - Military Service Credit as Public Service • Gov't Code Section: 21548 — Pre-Retirement Option 2W Death Benefit • Gov't Code Section: 21573 — Third Level of 1959 Survivor Benefits Section 3: Retiree Medical
A. The City will 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 who retire at age 60 or later with at least twenty (20) years of continuous uninterrupted service. Retired employees will be permitted to enroll in a higher-cost plan and pay the amount in excess of the HMO equivalent.

B. All full-time regular employees with at least thirty (30) years of continuous uninterrupted service who retire before the age of sixty (60) years will be permitted to pay their medical and/or dental insurance premiums, and, upon reaching the age of sixty (60), the City will pay up to the amount equivalent to the then current lowest cost, employee only HMO medical and/or dental insurance premium(s).

C. All full-time regular employees, who retire with a minimum of ten (10) years of continuous uninterrupted service with the City, may pay the premium(s) for medical and/or dental insurance.

D. 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.

E. All retiree medical and/or dental insurance benefits provided pursuant to subsections A, B, and C above, shall be for retired employees only and shall not include their spouses or other dependents.

F. All retired employees who receive medical and/or dental insurance benefits pursuant to subsections A, B, or C above and who reach the age of sixty-five (65), are required to be enrolled in Medicare, and shall show proof of such enrollment, where upon the City's insurance policy will become supplemental coverage, if applicable.

G. The City’s obligation to make any payment under the retiree medical benefits program shall automatically terminate and cease upon the death of the retired employee.

H. The offer of the retiree medical benefits is not a vested right for future years.

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28 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 equivalent to the then-current lowest cost City-offered Employee-only medical-HMO and/or dental HMO insurance premium. An eligible retired employee who chooses this option and later has no reimbursable expenses is still eligible to receive the reimbursement at a later time when he or she does have qualifying reimbursable expenses. Once an employee who has opted out reaches Medi-care eligibility, the retiree shall receive a monthly reimbursement to the then-current cost of supplemental coverage. 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 in the City’s health plans.

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29 ARTICLE NINE

HOLIDAYS
Section 1: Holidays
A. All full-time employees, excluding employees assigned to a 24/7 operation, shall be provided with the following holidays with pay based on the number of hours constituting a regular working day, subject to the provisions below.

1. January 1st - New Year’s Day

2. The 3rd Monday in January – Martin Luther King, Jr. Day

3. The 3rd Monday in February – Presidents Day

4. March 31st – Cesar Chavez Day

5. The last Monday in May – Memorial Day

6. July 4th – Independence Day

7. The first Monday in September – Labor Day

8. The second Monday in October – Columbus Day

9. November 11th – Veterans Day

10. The 4th Thursday in November – Thanksgiving Day

11. December 24th – Christmas Eve

12. December 25th – Christmas Day

13. December 31st – New Year’s Eve

14. Such other days as may be designated as holidays by the City Council of the City of Vernon (employees assigned to a 24/7 operation shall receive an equivalent number of in-lieu hours)
B. If an authorized holiday falls on a Sunday, the following Monday shall be treated as the holiday. Holidays falling on a Friday or Saturday, shall not be granted as a holiday to employees.

C. Temporary and part-time employees are not eligible for paid holidays.

D. An employee whose regular shift assignment falls on a scheduled holiday and who is required to work on that day shall be paid at their regular rate of pay for the holiday, plus overtime pay for their regular hours worked (excluding employees assigned to a 24/7 operation).

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30 Section 2: In-Lieu Holiday Time
A. An employee regularly assigned to a 24/7 operation whose duties are such that they do not receive the benefits of regular legal holidays, shall be granted In-Lieu Holiday hours equivalent to the applicable calendar year holiday schedule for rest of the Teamsters members effective January 1st of each calendar 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.

B. Such In-Lieu Holiday time shall only be granted so long as said employee is on the active payroll of the Department.

C. In-Lieu Holidays must be taken prior to December 31st. Holidays may be taken as days off at the employee’s discretion, subject to the approval of the Department Head or designee.

D. It shall be the responsibility of the employee to make a record of a good faith effort to utilize all In-Lieu holiday time within the applicable calendar year. If such effort is demonstrated, in or about January of each year, the employee shall be paid for said In-Lieu Holidays not taken within the preceding calendar year. Compensation for unused In-Lieu holidays shall be calculated using the employee’s regular rate of pay, including all compensation computed in accordance with the applicable base rate, as of December 31st of the applicable calendar year.

E. An employee who resigns, retires, transfers out of a 24/7 operation, or is terminated shall be compensated on a prorated basis for In-Lieu holiday time not yet taken. Proration shall be determined by the number of holidays that occurred in the calendar year prior to the resignation, retirement, transfer, or termination.

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31 ARTICLE TEN

VACATION
Section 1: Vacation Leave
All full-time employees shall accrue vacation according to the following schedule:
4/10 Schedule:

Continuous Years of Service Vacation Hours Earned Bi-Weekly Accrual 1st year thru 4th year 80 3.08
5th year thru 9th year 100 3.85
10th year thru 14th year 120 4.62
15th year thru 24th year 160 6.16
25th year and more 190 7.31
24/7 Operation:
1st year thru 4th year 96 3.69
5th year thru 9th year 120 4.61
10th year thru 14th year 144 5.53
15th year thru 24th year 192 7.38
25th year and more 228 8.76

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.

If the City agrees to increase the vacation accrual for other employee groups (outside of the Teamsters’ Union), excluding executives, who have worked for the City for 25 years or more, the City agrees to a re-opener at the Union’s request to discuss the differing vacation policy(ies).

Section 2: Vacation Accumulation
A. No vacation leave shall be carried over into the next calendar year that exceeds the maximum number of hours the employee was eligible to accrue during the immediately preceding year. In or about February of each year, employees shall be compensated for unused accrued vacation benefit in excess of the allowed accumulated amount referenced above. Compensation for unused vacation in excess of the allowed accumulated maximum shall be calculated using the employee’s regular rate of pay, including all compensation computed in accordance with the applicable base rate, as of December 31st of the applicable calendar year.

B. No vacation leave shall be accumulated by employees while they are on an unpaid leave of absence or unpaid non-work-related disability leave.

C. In the event one or more City holidays fall within a vacation period, such holidays shall not be charged as vacation leave. (Except for employees assigned to a 24/7 Operation) Resolution No. 2022-27

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32 D. Upon separation from City employment, compensation shall be paid for vacation leave, which has been earned but not taken at the employee’s regular rate of pay, including all compensation computed in accordance with the applicable base rate, at time of separation.

Section 3: Scheduling of Vacation
A. Vacation leave shall be scheduled with the approval of the Department Director or his or her designee by submitting a Leave Request Form in writing, within ten (10) business days before the beginning of the vacation. Vacation leave requests for extended times (3 weeks or more), unless an unforeseen emergency exists, shall be submitted at least thirty (30) days in advance of the beginning of the vacation. Vacations shall be approved subject to the needs of the department. The employee’s seniority and wishes will be factors that are considered during the scheduling process. Non-earned vacation leave shall not be allowed. Notwithstanding the aforementioned, Department Heads can continue to exercise discretion in granting vacation leave request.

B. Vacation leave requests shall not be in excess of that actually earned at the time it is requested or in excess of the regular scheduled workweek.

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33 ARTICLE ELEVEN

SICK LEAVE
Section 1: Sick Leave
A. Full-time Employees shall accrue 80 hours of sick leave per year, accruing 3.08 of sick hours over 26 pay periods per year. If the full-time employee works, or is on regular paid status, less than a full year, the hours of sick leave will accrue on a pro rata basis. In accordance with the Healthy Workplaces, Healthy Families Act of 2014, beginning July 1, 2015, all part-time and temporary employees (excluding CalPERS retired annuitants) working for 30 or more days within a year shall be entitled to accrue paid sick days at the rate of one (1) hour per every 30 hours worked and shall be eligible to use accrued sick leave after satisfying a 90-day employment period. Employees only receive sick leave accrual while they are in a paid status.

B. The City shall allow carry-over of sick leave up to the maximum cap of 960 hours of sick leave. This bank of carry-over sick leave would provide a cushion for longer-term illnesses and injuries.

C. Annually, any sick leave hours exceeding 960 will be compensated for at the end of the year at 50% of the employee’s regular hourly rate.

D. If an employee resigns from the City with 20 years or more of continuous service, he/she will be compensated for all unused sick leave hours in their sick leave bank at the time of separation at 50% of their then current regular hourly rate of pay.

E. If an employee retires from the City with 15 to 20 years of continuous service, he/she will be compensated for all unused sick leave hours in their sick leave bank at the time of separation at 50% of their then current regular hourly rate of pay. If an employee retires from the City with more than 20 years of continuous service, he/she will be compensated for all unused sick leave hours in their sick leave bank at the time of separation at 100% of their then current regular hourly rate of pay.

F. An employee who is out on sick leave for more than two (2) consecutive days shall be required to provide the City with a doctor’s note for the sick leave in order to be paid for the sick leave.

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34 at the other custodial parent’s house may also qualify. All family sick leave shall be approved by the department head.

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35 ARTICLE TWELVE

LEAVE BENEFITS
Section 1: Jury Duty
A. All regular full-time employees summoned to serve on jury duty shall be provided “Jury Duty Pay” and there shall be no loss of compensation. An employee will be compensated up to two weeks (equivalent to eight (8) work days based on City Hall schedule Monday through Thursday) at full pay for jury duty. The employee must provide notice of the expected jury duty to his or her supervisor as soon as possible, but in no case later than 14 calendar days before the expected start date of the jury duty.

B. An employee on call for jury duty is expected to report to work. An employee who is called in for jury duty does not have to report to work before or after appearing in court. All employees shall obtain verification of the hours of jury duty performed using verification forms as may be supplied by the court. Employees shall notify their Supervisor, either in person, verbally, voicemail message or in writing (electronic), on the day they are released from their jury duty obligations.

C. Except as herein provided, employees shall remit to the City any compensation received for those days while on jury duty and shall receive regular pay for the time served. Employees shall be reimbursed by the City for the mileage portion of the jury duty compensation. Jury duty performed on an employee’s regular day off shall not be compensated by the city and the employee shall be entitled only to the court’s compensation for duty performed on such employee’s regular day off. Employees assigned to jury duty on a holiday will be considered to have taken such a holiday and will receive regular holiday pay, but the employee shall be entitled to the jury compensation for duty performed on such holiday.

D. For those employees working graveyard and swing shift, or other shifts starting at an early and/or late hour (i.e., 5:00 a.m. or 9:00 p.m.), Management shall reschedule the employee to a day shift with a start time ranging between 7:00 a.m. to 9:00 a.m. Monday thru Friday while the employee is serving on jury duty. This temporary workweek reassignment shall be for the balance of the scheduled workweek. Reassignment of duties may also be made to maximize an employee’s productivity prior to, and following release from jury duty.

E. If an employee is required to serve on a jury for a period longer than two weeks, the employee shall be entitled, at the employees’ option, to use any accrued leave time, other than sick time, during the period of extended jury service. The employee shall continue to receive all paid benefits, and shall continue to accrue eligible leave benefits.

Section 2: Bereavement Leave
Permanent full-time employees, regardless of period of service, may in the event of death or where death appears imminent, of any "immediate family member" including the equivalent relatives of a registered domestic partner, be allowed up to the equivalent of four (4) work days (total hours may vary depending on work schedule) of bereavement leave without loss of salary.:

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36 *Brother-in-law and sister-in-law are defined as the spouse of the employee’s sibling or the sibling of the employee’s spouse.

Bereavement leave is paid over a maximum of eight (8) workdays and is paid in thirty-minute increments. The bereavement leave begins on the first regularly scheduled workday as requested by the employee. If the employee learns of the death while at work, he or she is entitled to leave work immediately; this partial day leave will not be counted towards the bereavement leave. Bereavement leave must be authorized by the employee's Department Director and must be utilized within 15 days of employee learning of the death, or of the date of foreseen imminent death of the immediate family member, unless special circumstances require that the leave begin at a later date. Such requests to the Department Director shall be made within 15 days of the employee learning of the death or of the date of foreseen imminent death and shall not be unreasonably denied.

Upon written verification that funeral services or other related obligations necessitate travel outside of California, the employee shall be entitled to use up to two (2) additional days of accrued leave (vacation, compensatory time, in-lieu holiday, or sick leave; said leave to be recorded as vacation, etc.).

Relative All Regular Employees
Spouse 4 work days
Child 4 work days
Registered Domestic
Partner
4 work days
Step-Child 4 work days
Parent 4 work days
Step-Parent 4 work days
Mother-in-law 4 work days
Father-in-law 4 work days
Step-Parent-in-law 4 work days
Grandchild 4 work days
Step-Grandchild 4 work days
Grandparent 4 work days
Grandparent-in-law 4 work days
Brother 4 work days
Sister 4 work days
Step-Sister 4 work days
Step-Brother 4 work days
Daughter-in-law 4 work days
Son-in-law 4 work days
Brother-in-law* 4 work days
Sister-in-law* 4 work days
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37 ARTICLE THIRTEEN

WORK SCHEDULE AND WORKING CONDITIONS
Section 1: Provisions
The seven (7) day work period shall begin on Sunday at 12:00 a.m. and end on Saturday at 11:59:59 p.m. except as modified by management. 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 affected employees a minimum of ten (10) days prior to the change, unless agreed to by the affected employee(s) and the Department Director.

Section 2: 4/10 Work Schedule
The City agrees to continue the 4/10 work schedule for employees assigned to work between Monday – Friday shifts. The basic work schedule shall consist of four (4) consecutive 10-hour days within a seven (7) calendar day period.

Section 3: Work Schedule
It is understood that the City has established a workweek for each covered employee which meets the requirement of the FLSA and which will not result in overtime compensation as part of the normal work schedule. Each non-exempt employee shall be assigned a designated FLSA workweek for the correct calculation of overtime.

All employees shall receive a minimum of two 15-minute breaks and a thirty (30) minute lunch period or sixty (60) minute lunch period per workday.

Section 4: Standby Policy
A. PURPOSE
To have employees on stand-by to respond to major incidents and emergencies during non-working hours which require immediate attention to availability of qualified individuals with expertise in operating, maintaining, restoring and repairing the City’s infrastructure.

It is presently anticipated that the need for stand-by will be as follows, with the understanding that actual stand-by staffing, if any, remains at the discretion of the department head:

1.- One (1) Water Employee

2.- One (1) Building Maintenance Employee

3.- One (1) Environmental Specialist

4.- One (1) Street Facilities Maintenance Employee

5.- One (1) Police Dispatcher
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38 The Call Back policy is not intended to be used in lieu of a demonstrated need for stand-by.

B. DEFINITIONS
Stand-by: Stand-by duty requires that an employee be accessible, available, and physically able to report to work. The employee must possess a city issued mobile phone device that remains available for immediate contact. The employee must be ready, willing, and able to respond to an emergency or incident or request for assistance based on a pre-arranged schedule. Employees on stand-by must respond to the mobile phone call immediately and be able to respond to the City within 1 hour of being called upon. The department head will determine if an employee is qualified to perform standby duties. The stand by duty period shall be defined by the Department Head.

Call Back: When an employee is called back to the City, or at the direction of their supervisor, after their normal work shifts has been completed or before their normal work shift commences due to an unscheduled emergency or request that affects the City’s infrastructure.

C. PAYMENT
Stand–by: Employees on “Stand–By” shall receive two hours of regular straight time compensation for each date that the employee is assigned to be on stand-by. Stand-by time is not counted as hours worked as employees are not restricted in their activities and may engage in non-work related personal activities. On City-recognized Holidays where City Hall is closed, employees on stand-by will be compensated four hours of straight time compensation.

An employee assigned to stand-by who is not available to report will be subject to appropriate disciplinary action unless they provide sufficient notice to their immediate supervisor of their incapacity to respond prior to the call back so that appropriate arrangements can me made so that the stand-by duty is covered.

When an employee on “stand-by” is called back to the City, he/she shall be entitled to “stand-by” pay. The employee shall be paid a minimum of four (4) hours of pay at the appropriate rate based upon the employee’s hours worked. Time begins when the call out request is received and ends when the employee returns home. If work is performed remotely, the employee shall receive hour for hour compensation at the appropriate rate based upon the employee's hours worked.

D. CONDUCT WHILE ON “STAND-BY” DUTY

1. While on stand-by duty the employee must be able to respond to the City within sixty 60 minutes of being called, and will carry the city issued phone.

2. The employee will at times remain able to immediately respond to any emergencies.

3. Each employee on stand-by duty is accountable to all of the rules and regulations of the City.

4. In the event of a call back, the employee will wear their City uniform, if applicable.

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39 F. ASSIGNED VEHICLES

At the discretion of the Department Head, employees on stand-by will have use of a City vehicle to travel to and from their houses and call back assignments. When not on call, the City vehicle must be parked in a secure location at the employee’s residence.

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40 ARTICLE FOURTEEN

GRIEVANCE PROCEDURE

PURPOSE AND SCOPE
The purpose of this Article is to provide for a mutually acceptable method for the prompt resolution of employee grievances over the misinterpretation or misapplication of this particular provision of this MOU, City policy, rule, or past practice. The City and Union recognize the importance of a viable grievance procedure to aid in the resolution of disputes among employees, supervisors, and management. Union and City agree that it is in their best interests to resolve disputes at the earliest opportunity and at the lowest level

GRIEVANCE DEFINITION
A grievance shall be defined as an allegation by an employee or the Union of a misinterpretation, misapplication, or violation of a particular provision of this MOU, City policy, rule, or past practice.

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.

GRIEVANCE PRESENTATION AND PROCEDURES
Employees shall have the right to present their own grievance or do so through their Union representative.

Grievances shall be processed on standard forms provided by the Department of Human Resources and shall contain information which (a) identifies the aggrieved, (b) contains the specific nature of the grievance, (c) indicates the time or place of its occurrence, if known, (d) states the article(s) of the MOU, City policy, rule or past practice which have been violated, misinterpreted or misapplied, (e) indicates the persons contacted at the informal stage, if applicable, and (f) states the corrective action desired. Grievances may be submitted via email, so long as the employee attaches the grievance form to the email by the required time line. If an employee includes attachments to the grievance form and those attachments are not included in the email or in-person submission, the City shall notify the employee that all attachments were not included and that the deadline for the City to respond to the grievance will not begin to run until all the attachments are received.

Failure by management to reply to the employee’s grievance within the time limits specified automatically grants to the employee the right to process the grievance to the next level. If an employee fails to appeal from one level to the next within the time limits established in this grievance procedure, the grievance shall be considered settled on the basis of the last decision, and the grievance shall not be subject to further appeal or reconsideration.

All time periods specified in this procedure may be extended by mutual written (including email) Resolution No. 2022-27

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41 consent of the aggrieved employee (e), Union representative and the designated management representative.

INFORMAL PROCEDURE
Within eight (8) days of the date the employee(s) knew or reasonably should have known of the incident giving rise to the grievance, the employee may discuss the complaint with their immediate supervisor. Employees are encouraged to discuss complaints with their immediate supervisor in an attempt to resolve the grievance at the lowest possible step.

An employee, at his or her sole discretion, may opt to skip the informal procedure resolution process and instead go directly to Step One. If an employee chooses to proceed with the Informal Procedure, he/she or their union representative shall inform the Human Resources Director, within one day of initiating the Informal Procedure, that he/she has initiated the Informal Procedure and the date the informal grievance was first discussed with their supervisor.

Within eight (8) days of the discussion with the employee, the supervisor shall verbally respond to the employee’s complaint. If the employee is dissatisfied or if the supervisor fails to respond, the employee shall have access to the formal grievance process described below Step One - Immediate Supervisor
Within the time period referenced above, or if the employee chooses to skip the Informal Procedure, within eight (8) days of the date the employee(s) knew or reasonably should have known of the incident giving rise to the grievance, the employee(s) or the Union shall initiate the grievance procedure by explaining the situation in writing, with the information prescribed above, to the immediate supervisor of the affected employee(s). The Union and/or employee(s) waive 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 their decision, in writing, to the Union and employee(s) within eight (8) days.

Step Two – Department Director
If the Union or employee(s) is not satisfied with the decision of the immediate supervisor, the grievant(s) shall present the grievance, in writing, to the grievant’s Department Director within eight (8) days of the decision of the immediate supervisor. The Union and/or employee(s) waive the right to proceed with the grievance if the grievant(s) does not act by this deadline. Within eight (8) days, the Department Director, or the designee of the Department Director, shall meet with the Union and employee(s) to hear the grievance. Within eight (8) days of hearing the grievance, the Department Director or designee shall present their decision, in writing, to the Union and employee(s), with copies to the Human Resource Director and the City Administrator.

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42 Should the matter be submitted directly to the City Administrator or designee, he/she shall meet with the Union and/or employee(s) within eight (8) days of receipt of the grievant’ s written notice.

If the Union and/or employee(s) elects to have the matter heard by the City Administrator or designee, the Union 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 their decision, in writing, to the Union and employee(s). The decision of the City Administrator shall be final and binding.

If the Union elects arbitration, costs of the arbitration shall be shared equally between the Union and the City. A court reporter shall be retained only by mutual consent of the parties. The costs of the arbitration, including the court reporter, shall be divided in half (i.e. 50/50) by the parties.

Attorney fees, staff time and witness fees shall not be shared between the parties and shall be paid by the party that incurred the cost.

If the Union elects arbitration, the City shall request a list of five (5) arbitrators registered with the American Arbitration Association, California State Conciliation Service or some other mutually agreed upon source within ten (10) days of the Union’s request. The Union may delete/strike two (2) names from the list. The City will then select the arbitrator from the remaining names on the list. The selected arbitrator shall serve as the hearing officer. All arbitration proceedings arising under the Grievance procedure shall be governed by the provisions of Title 9, Part 3, of the Code of Civil Procedure of the State of California.

Within eight (8) days of receipt of the arbitrator's recommendation, the City Administrator shall provide their decision, in writing, to the Union and employee(s). The recommendation of an arbitrator shall be advisory to the City Administrator or designee. The decision of the City Administrator shall be final and binding.

All time limits specified in the foregoing procedure may be waived only by mutual written agreement.

Resolution No. 2022-27

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43 ARTICLE FIFTEEN

DISCIPLINE PROCEDURE
Definition
Types of discipline include the following: suspension, demotion, reduction in pay or dismissal.

For the purposes of this article, verbal counseling, written warning, written reprimand, voluntary demotions, and performance evaluations are not classified as discipline.

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.

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 following procedures shall be followed when, in the judgment of the Department Director, an employee has committed an act or omission that justifies discipline. The Department Director or their 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 their 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 Union with all written notices of discipline given to employees represented by Union. The written notice of discipline will also inform the employee that he/she has the right to consult with the Union with regard to the disciplinary action being taken.

Disciplinary Procedure
Prior to the suspension, demotion, reduction in pay or dismissal of any permanent employee for disciplinary purposes, the following procedures shall be followed:

Resolution No. 2022-27

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________________________
44 Written Notice of Proposed Action
Written notice of the proposed disciplinary action shall be given to the employee. Such notice shall include the proposed effective date of the discipline, a statement of the reason(s) for the proposed action, including the rule or standard of conduct allegedly violated, the proposed discipline and the charge(s) being considered.

Employee Review
The employee shall be supplied with a copy of the documents or materials upon which the proposed disciplinary action is based.

Employee Response/Pre-Disciplinary Conference
The notice of proposed action shall state the date by which the employee must exercise the right to respond orally, in writing or both orally and in writing. This represents the pre-disciplinary opportunity for the employee to state any reasons that he/she believes the proposed action to be inappropriate. The employee shall have a reasonable amount of time to respond, which shall not be fewer than five days. This date may be adjusted by mutual agreement. Failure to respond by the assigned date will constitute a waiver of the right to respond. Any response will be fully considered before any final action is decided upon.

The Pre-Disciplinary Conference does not need to be an evidentiary hearing. An employee has the right to have a representative of his or her own choosing at the conference. The City may conduct further investigation if the employee’s version of the facts or new information raises doubts as to the accuracy of the City’s information leading to the discipline proposal.

Written Notice of Final Action
After consideration of the employee’s response, or in the absence of a response, written notice of the final disciplinary action shall be given to the employee. Such notice shall include essentially the same information contained in the notice of proposed action, except that the employee’s formal appeal rights shall be stated.

Emergencies
When, in the opinion of the City, immediate disciplinary action is required to protect the health, safety or welfare of the public, other employees or the employee himself, the employee may be suspended without pay for up to five (5) days pending the processing of the notices required in this article or may be suspended with pay pending the completion of such investigations or hearings as may be required to determine if disciplinary action is to be taken. If the charges and/or allegations are not sustained, the employee suspended without pay shall be entitled to reinstatement with full back pay and benefits. All back pay awards related to suspension, demotions and discharges shall include interest as set by Civil Code §§ 3287 et. seq.

Appeal Procedures
Resolution No. 2022-27

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________________________
45 Major Discipline
Any permanent employee in the classified service shall have the right to appeal any dismissal, suspension of thirty (30) hours 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 final notice of discipline. The employee’s request for appeal must be addressed to the City Administrator and received in the Human Resources Division. The Human Resources Division 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 file a written request with the Human Resources Division for advisory arbitration to the City Administrator or designee. The City and Union 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 five (5) 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. The employee may delete/strike two (2) names from the list. The City will then select the arbitrator from the remaining names on the list.

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

4. All time limits specified in the procedure may be waived by mutual written agreement.

5. At the conclusion of the hearing, the arbitrator will submit their findings to the City and the employee. The opinion shall set forth findings of fact and conclusions. The decision of the Arbitrator will become final unless the City or the employee elects to pursue judicial review under CCP §1094.5.

Minor Discipline
Any permanent employee shall have the right to appeal any suspension below the threshold of major discipline. The appeal process shall not apply to probationary employees.

If the problem cannot be resolved between the employee and the supervisor, the employee may, within ten (10) days from receiving notice of the final discipline, request and be granted an interview with the Department Director or designee in order to discuss the appeal.

The Department Director or designee shall render their decision in writing within fifteen (15) days of receiving the appeal. If the Department Director and employee are unable to arrive at a satisfactory solution, the employee may, within fifteen (15) days from the date of the decision by Resolution No. 2022-27

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________________________
46 the Department Director, 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 their judgment as soon after the conclusion of the hearing as possible and in no event later than thirty (30) days after conducting the hearing. Their 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.

Resolution No. 2022-27

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47 ARTICLE SIXTEEN

JOINT LABOR MANAGEMENT COMMITTEE
A. The City and the Union will maintain a Joint Labor Management (JLM) Committee comprised of at least eight (8) members. The City's team shall consist of representatives from the City Administrator's office, the Human Resources Department and management representatives of the City Departments. The Union shall provide up to five (5) City employees and one (1) representative to sit on its committee. Employees who are regularly scheduled to work shall be on paid release time during participation in the JLM Committee.

Participation in the JLM Committee is considered Union Business, and as such, any release time under this section shall not result in the City incurring any overtime. Additional department and employee representatives may participate on the Committee to deal with departmental matters, which may be addressed. This Committee shall meet at least semiannually to discuss matters of concern to both management and the Union and a written summary of each meeting shall be prepared by the City. The Committee shall be authorized to schedule meetings more frequently than the semi-annual ones required herein in order to expeditiously respond to concerns properly before the committee.

B. The JLM Committee shall be utilized to allow the parties to discuss matters affecting the workplace environment.

C. The JLM Committee shall not be a means for participating in the meet and confer process as provided for by Government Code Sections 3500 et. Seq. The JLM Committee’s meetings shall not be “Meet and Confer” sessions as that term is used in Government Code Sections 3500 et. seq.

D. JLM Committee consideration of proposed changes in terms and conditions of employment shall not occur and is not a condition precedent to the exercise by the City of its rights.

Resolution No. 2022-27

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________________________
48 SIGNATURE PAGE
CITY OF VERNON TEAMSTERS LOCAL 911
Carlos R. Fandino Jr. Carlos Rubio
City Administrator / “MERR” VP / Senior Business Representative Union Committee Member
Scott Williams Michael Grijalva
Director of Finance/City Treasurer Union Committee Member Ashley Reveles Jerry Alvarado
Human Resources Analyst Union Committee Member
_______________________________
Michael Earl Joseph Alvarado
Director of Human Resources Union Committee Member
______________________________
Cerissa Diaz
Union Committee Member
_____________________________
James Moore
Union Committee Member
_____________________________
Efren Peregrina
Union Committee Member
APPROVED AS TO FORM:
_______________________________
Zaynah Moussa, Interim City Attorney
APPROVED AND ADOPTED BY CITY COUNCIL ON ____________________PER RESOLUTION NO._________________
ATTEST:
________________________________ Dated:_________________________ Lisa Pope, City Clerk
Resolution No. 2022-27

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________________________

MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF VERNON
AND
TEAMSTERS LOCAL 911
July 1, 2019 2022 through June 30, 20222025
2 TABLE OF CONTENTS

MEMORANDUM OF UNDERSTANDING
Preamble ............................................................................................................................... 6 ARTICLE ONE: FUNDAMENTALS
Section 1: Recognition ............................................................................................... . 7 Section 2: No Discrimination ....................................................................................... 7 Section 3: No Strikes or Lockouts ................................................................................. 7 Section 4: Layoffs .......................................................................................................... 7 Section 5: City/Union Meetings ................................................................................ .. 7 Section 6: Union Business ............................................................................................ 7 Section 7: Management Rights ...................................................................................... 9 Section 8: Contracting Out ............................................................................................. 11 Section 9: Employee Rights ........................................................................................... 11 ARTICLE TWO: LEGAL LIMITATIONS, SAVINGS CLAUSE& TERM
Section 1: Legal Limitations and Savings Clause ........................................................ . 12 Section 2: Term ............................................................................................................. .12 Section 3: Modification and Waiver ............................................................................... 12 ARTICLE THREE: ORGANIZATIONAL SECURITY
Section 1: Organizational Security ................................................................................. 13 ARTICLE FOUR: COMPENSATION
Section 1: Salaries ........................................................................................................ 145 Section 2: Acting Pay ................................................................................................... 146 Section 3: Bilingual Pay ............................................................................................... 146 Section 4: Certification Pay .......................................................................................... 146 3 Section 5: Longevity Pay .............................................................................................. 179 Section 6: Merit Steps ............................................................................................... 1820 Section 7: Premium Pay .......................................................................................... . 1821 Section 8: Training and Recertification Time ............................................................ 1922 ARTICLE FIVE: OVERTIME
Section 1: Overtime Authorization ............................................................................... 203 Section 2: F.L.S.A. Overtime ....................................................................................... 203 Section 3: Compensatory Time ................................................................................... . 203 Section 4: Call Backs ................................................................................................. . 214 Section 5: Holdover Pay ............................................................................................... 214 ARTICLE SIX: UNIFORMS & SAFETY FOOTWARE ALLOWANCE
Section 1: Uniforms & Safety Footwear Allowance................................................... . 225 ARTICLE SEVEN: HEALTH AND WELFARE BENEFITS
Section 1: Medical ........................................................................................................ 236 Section 2: Cafeteria Plan ............................................................................................... 236 Section 3: Dental ....................................................................................................... .. 246 Section 4: Vision .......................................................................................................... 247 Section 5: Life Insurance .............................................................................................. 247 Section 6: Deferred Compensation ............................................................................... 247 Section 7: Other City Employee Programs ................................................................. . 247 ARTICLE EIGHT: RETIREMENT
Section 1: P.E.R.S. ...................................................................................................... 269 Section 2: Supplemental P.E.R.S. Retirement Benefits ................................................ 269 Section 3: Retiree Medical ............................................................................................ 279 ARTICLE NINE: HOLIDAYS
4 Section 1: Holidays ................................................................................................... . 2931 Section 2: In-Lieu Holidays .......................................................................................... 301 ARTICLE TEN: VACATION
Section 1: Vacation Leave. ............................................................................................ 313 Section 2: Vacation Accumulation .................................................................................. 313 Section 3: Scheduling of Vacation ................................................................................... 324 ARTICLE ELEVEN: SICK LEAVE
Section 1: Sick Leave. ....................................................................................................... 335 Section 2: Family Sick Leave (Kin Care) ........................................................................ 33 ARTICLE TWELVE: LEAVE BENEFITS
Section 1: Jury Duty ....................................................................................................... 356 Section 2: Bereavement Leave ......................................................................................... 356 ARTICLE THIRTEEN: WORK SCHEDULE AND WORKING CONDITIONS
Section 1: Provisions ....................................................................................................... 378 Section 2: 4/10 Work Schedule ........................................................................................ 378 Section 3: Work Schedule ................................................................................................ 378 Section 4: Standby Policy ................................................................................................ 378 ARTICLE FOURTEEN: GRIEVANCE PROCEDURE
Grievance Procedure ............................................................................................................... 401 ARTICLE FIFTEEN: DISCIPLINE PROCEDURE
Discipline Procedure ............................................................................................................... 434 ARTICLE SIXTEEN: JOINT LABOR MANAGEMENT COMMITTEE
Joint Labor Management Committee ...................................................................................... 478 5 SIGNATURE PAGE
Signatures .......................................................................................................................... ….489 6 MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF VERNON
AND
TEAMSTERS LOCAL 911 (TEAMSTERS)

C. This MOU incorporates, contains, and represents all of the terms and conditions agreed upon by both parties as of the date this agreement is ratified. 7 ARTICLE ONE

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 Union shall discriminate against any individual or employee with respect to his/her their 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 nonmembership in the Union.

The City and Teamsters agree that the City’s policies set forth in the City of Vernon’s Personnel Policies and Procedures Manual and the Administrative Manual shall be applied in a nondiscriminatory manner as prohibited by state and federal anti-discrimination, anti-harassment and whistleblower laws. Employees shall not be subject to intimidation, retaliation, coercion, or discrimination for exercising their rights under these policies.

Section 3: No Strikes or Lockouts
During the life of this agreement no work stoppages, strikes, or slowdowns shall be caused or sanctioned by the Union, and no lockouts shall be made by the City.

Section 5: City/Union Meetings
Representatives from the Union and the City shall meet as needed to discuss issues of mutual 8 concern.

1. All Postings for bulletin boards must contain the date of posting and the identification of the Union, and

2. Union will not post information, which is defamatory, derogatory, or obscene, subject to the immediate removal of the right to post for a period not to exceed ninety (90) days.

3. The City will provide separate bulletin boards for the exclusive use of the Union at the following locations:

A. Lunchroom in the City Yard.

B. Communications Center in Police Department.

C. West wing lunchroom on the second floor of City Hall.

D. South wing lunchroom on the second floor of City Hall.

E. Lunch room on the third floor of City Hall.

B. Access to Facilities
Except as specifically identified in Section D below, all Union business will be conducted by employees and Union representatives outside of established work hours.

C. Shop Stewards
9 The City agrees to recognize up to five (5) Stewards appointed by the Union. One of the five (5) shall be appointed by the Union as the Chief Steward. The Union shall notify the City in writing of the names and departments of each Steward and Chief Steward.

D. Union Business
The Chief Steward and Stewards shall be allowed release time during their regular work hours to conduct Union related business as necessary provided it does not unreasonably interfere with the Stewards’ and/or employees’ regular work duties. If a Steward must leave his/hertheir work location to conduct Union related business, he/she shall first obtain authorization from his/hertheir supervisor to do so. Authorization to leave will be granted unless such absence would be unreasonable. If such authorization cannot be granted promptly, the Steward will be informed when time can be made available. To the extent reasonable and compatible with City operational needs, such time will not be more than forty-eight (48) hours, excluding scheduled days off and/or legal holidays, after the time of the Steward’s request unless otherwise mutually agreed upon. For purposes of this section, “Union Business” shall include grievance investigations, meetings with management called by management or the Chief Steward/Steward, investigatory meetings where an employee has requested a Steward, contract/MOU negotiations, meetings with Human Resources involving personnel or labor relations matters, council meetings, health insurance committee meetings, and meetings of any other committees established by the City that involve matters directly pertaining to the bargaining unit with regard to said committees. Any Steward seeking leave time for Union business for tasks not listed in this section shall obtain authorization from the Human Resources Director or designee.

The City agrees to allow all employees of the bargaining unit paid release time to attend a Union meeting on site at the City up to twice per year, up to one (1) hour per meeting.

Release time as provided for in any of the above sections shall not result in the City incurring any overtime.

E. Union Participation in New Employee Orientation

Section 7: Management Rights
The City retains all of its exclusive rights and authority under Federal and State Law and the City Code, and expressly and exclusively retains its management rights, which include, but are not limited to:
10 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 of employment and promotions; D. Direct its employees;
E. Establish and enforce dress and grooming standards as outlined by City Management in writing;
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 government operations;
H. Determine the methods, means numbers, and kinds of personnel by which government operations are to be conducted;
I. Determine the content and intent of 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 facilities, methods, technology, means, organizational structure, size, and composition of the work by which the City operations are to be conducted; M. Determine and change the number of locations and types 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. To assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments upon reasonable notice;
O. Establish and modify productivity and performance programs and standards; P. Discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees in accordance with applicable laws and with the provisions of this MOU, including without limitation Article II, Section 6 – Probationary Period and 9 – Disciplinary Actions;
Q. Take all necessary actions to carry out its mission in emergencies; and 11 R. Exercise complete control and discretion over its organization and the technology of performing its work.

Section 8: Contracting Out:

Section 2: Term
(a) Except as otherwise provided herein, this Memorandum of Understanding shall be in full force and effect from July 1, 20192022, and shall remain in full force and effect up to and including midnight, the 30th day of June 2022 2025 or until the next Memorandum of Understanding becomes effective.
(b) This Memorandum of Understanding shall be binding on the City and the Union when approved and adopted by the City Council.

The City shall not deduct money specifically earmarked for a PAC or other political activities unless such deduction is affirmatively, separately and specifically authorized in writing by the unit member.

The Union shall provide protection to the City by indemnifying, defending and holding the City harmless from and against all claims and liabilities as a result of any loss, claim, liability or cause of action arising out of the operation of this article. 14 ARTICLE FOUR

COMPENSATION
Section 1: Salaries
A. Effective the first day of the first full pay period in July 20192022, the base salary ranges for the represented classifications shall be increased three percent (3%).

B. Effective Effective the first day of the first full pay period in July 20232020), the base salary ranges for the represented classifications shall be increased three percent (3%).

C. Effective Effective the first day of the first full pay period in July 20242021, the base salary ranges for the represented classifications shall be increased three percent (3%).

D. The City agrees that if other bargaining units, or unrepresented employees in the management or confidential classifications, receive a salary adjustment increase of more than three percent (3%) annually during the term of this Agreement, it shall provide the same salary adjustment to employees represented by the Union. The City further agrees that if it provides salary adjustments for any y-rated employee as part of any negotiated agreement with any other bargaining unit or for any unrepresented employees in the management and confidential classifications, the City shall provide the same salary adjustment to y-rated employees represented by the Union.

Section 3: Bilingual Pay
An employee shall be compensated for bilingual pay if his/hertheir regular job duties provide for interaction with the public on a regular basis. Employee must demonstrate proficiency in speaking Spanish (the ability to read and write in Spanish may also be tested if necessary). Proficiency would be determined by successful completion of a proficiency test as determined by the Director of Human Resources. Those employees who successfully demonstrate this skill would be eligible to receive an additional $1252175.00 per month for bilingual pay. 15 Employees receiving bi-lingual pay as of July 1, 2014 shall be grandfathered into the City’s previous policy.

Section 4: Certification
An employee shall be eligible, to receive certificate pay in the amount of 2.5% of the employee’s base rate of pay for possession of a maximum of one (1) of the below certificates within his/hertheir respective classification. Employees shall be required to annually submit eligibility documentation upon request by the Human Resources Department. The Human Resource Department shall confirm that eligible certifications are not required as part of his/hertheir respective classification.

Employees who have received the certification pay during the term of the prior Agreement shall continue to be eligible to receive the certificate pay during the term of this Agreement. Employees hired or promoted into a classification for which a certification is required as part of the minimum qualifications as set forth in the job description, shall not be entitled to receive certificate pay

CLASSIFICATION CERTIFICATE PAY
As designated by the City Administrator Notary Public - Employees designated by the City Administrator to perform notary public
services on behalf of the City
Electrical Inspector ICC – Building Inspector and Safety Assessment Program (SAP) Evaluator (Both
certificates required)
ICC – Plumbing Inspector UPC
ICC – Mechanical Inspector UMC
Certified Access Specialist - CASP (Only 2
employees eligible in the inspector
classification series)
Professional Electrical Engineer
Associate Engineer Professional Engineer (Traffic, Geotechnical) – Only one Traffic, Geotechnical and Land
Surveyor certificate required for the entire
engineering series
Professional Land Surveyor
Engineering Aid Certified Landscape Auditor (Water position only)
Backflow Tester Certificate (Water position
only)
Facilities Maintenance Worker, Lead Class B Commercial Driver’s License Public Works Degree/Certificate
Facilities Maintenance Worker, Senior Class B Commercial Driver’s License Public Works Degree/Certificate
16 Mechanic, Lead Class B Commercial Driver’s License
Welding Certification (Only one welder
certification required in the mechanic
classification series)
Mechanic, Senior Class B Commercial Driver’s License
Welding Certification (Only one welder
certification required in the mechanic
classification series)
Mechanic Class B Commercial Driver’s License
Welding Certification (Only one welder
certification required in the mechanic
classification series)
Senior Building Inspector ICC – Electrical Inspector
ICC- Plumbing Inspector UPC
ICC –Mechanical Inspector
Certified Access Specialist - CASP (Only 2
employees eligible in the inspector
classification series)
Professional Engineer (Civil, Structural, or
Geotechnical)
Plumbing and Mechanical Inspector ICC –Building Inspector and Safety Assessment Program (SAP) Evaluator Both
certificates required
ICC – Electrical Inspector
Certified Access Specialist - CASP (Only 2
employees eligible in the inspector
classification series)
Professional Mechanical Engineer
Project Engineer Professional Engineer (Traffic, Geotechnical) Professional Land Surveyor – (Only one
employee with a traffic, geotechnical or land
survey license required in the engineering
series).

Certified Professional Storm Water Quality,
Qualified SWPP Developer or Qualified
SWPPP
Street Maintenance Worker, Senior Class B Commercial Driver’s License Public Works Degree/Certificate
Pesticide Applicator Certification (Up to two
employees rotated annually)
17 Street Maintenance Worker Class B Commercial Driver’s License Pesticide Applicator Certification (Up to two
employees rotated annually)
Street Maintenance Worker, Lead Class B Commercial Driver’s License Pesticide Applicator Certification (Up to two
employees rotated annually)
Public Works Degree/Certificate
Warehouse Worker, Lead Pesticide Applicator Certification (Up to two employees rotated annually)
Water Maintenance Worker, Senior Class B Commercial Driver’s License Water Maintenance Worker Class B Commercial Driver’s License Fire Code Inspector/Fire Code Inspector,
Senior
ICC – Building Inspector
ICC – Fire Plans Examiner
Police Dispatcher Advanced Public Safety Dispatcher
Intermediate POST Certificate
Training Officer Certificate
Police Dispatcher, Lead Advanced Public Safety Dispatcher Intermediate POST Certificate
Training Officer Certificate
;Section 5: Longevity Pay
A. Employees Hired on or Before June 30, 1994
Five (5)Years of Service
All eligible employees who have five (5) years of consecutive uninterrupted service on or before July l, 1986, shall receive an additional five percent (5%)per month of their base salary effective July l, 1986, and every year thereafter until reaching the next step.

Employees upon reaching their 5th anniversary date after July 1, 1986, shall be entitled to said five percent (5%)per month upon said anniversary date.
18 Ten (10) Years of Service
All eligible employees who have ten (10) years of consecutive uninterrupted 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 step.

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.

Fifteen (15) Years of Service
All eligible employees who have fifteen (15)years of consecutive uninterrupted 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 step. Employees upon reaching their 15th anniversary date after July 1, 1988, shall be entitled to said fifteen percent (15%) per month upon said anniversary date.

B. Employees Employed On or After July 1, 1994 and on or before December 31, 2013.

Five (5)Years of Service
All eligible employees who are employed on or after July 1, 1994 and on or before December 31, 2013, who attain five (5)years of consecutive uninterrupted service shall receive an additional five percent (5%) per month of their base salary. Such employees upon reaching their 5th anniversary date shall be entitled to receive said five percent (5%)per month upon said anniversary date.Further, such employees will not be entitled to receive any additional percentage increase to their base salary for further service.This subsection shall only apply to employees hired on or after July 1, 1994 and on or before December 31, 2013.

C. The effective date of these merit salary advances shall not alter the employee’s actual classification anniversary date.

Section 7: Premium Pay
After approval by the City Administrator and Director of Human Resources, premium pay as defined below shall be assigned to persons found to possess on a regular or temporary assignment such additional duties and responsibilities or whose positions entail certain hazards as to warrant this salary step over the base class.

Please refer to Personnel Policy and Procedures II-3 Salary Plan Administration for specific details.

Section 2: F.L.S.A. Overtime
Employees will be paid overtime at time and a half (1.5) for all eligible hours worked in excess of forty (40) hours in a single workweek.

A. Overtime shall be compensated as mutually agreed upon in advance by employee and employer.

C. Upon promotion to an FLSA exempt classification, all compensatory time off shall be cashed out prior to promotion at the employee’s current regular rate of pay in the nonexempt classification. 21 Section 4: Call Backs
Call back duty occurs when an employee is requested to report to duty on a non- scheduled work shift. Call back policy is applicable when an employee is requested to return to work, after the employee’s workday is completed and/or prior to when the employee is scheduled to begin his/hertheir shift. Call back does not occur when an employee is held over from his/hertheir prior shift or is working planned overtime.

If the employee is Called Back to duty, his/hertheir work time shall be credited commencing when the employee reports to work and shall conclude when the employee leaves work.

For employees that work in the Police Department, the City will provide the initial set of uniforms to the employees. The newly hired employee will receive: two (2) class A uniforms; two (2) class B uniforms; two (2) polo shirts and one (1) jacket or sweater. On all subsequent anniversary dates for Police Department employees, the City will provide an annual uniform purchase and maintenance allowance of $600.00. The employee’s uniforms shall meet the applicable regulations for his/hertheir job classification pursuant to City/Departmental policies.

Hired, Promoted, or Reclassified on or
between:

The City shall meet with the Union prior to any change of insurance carrier or method funding coverage for any fringe benefits listed in this article.

Section 2: Cafeteria Plan:

The City and Union agree to a section 125 cafeteria plan (non-cash out), for this bargaining unit effective July 1, 2016. The City will adhere to the cafeteria plan requirements in accordance with IRS Section 125 regulations. The City shall provide to each employee in this bargaining unit a monthly allowance toward the cost of his/hertheir medical plan as outlined in Subsection A, B and C below.

B. During the term of this Agreement, Employees will be allowed to opt in to other plans during any open enrollment period or upon a qualifying event as prescribed and defined by the City’s insurance provider.

C. For Employees electing Employee-Only, Employee + Spouse or Employee + Child(ren) plans, the maximum contribution by the City shall be either the amount set forth in Section A or $1120, whichever is greater. For employees enrolled in the PPO/HSA plan, the City shall pay up to 100% of the monthly cost of the plan for employees and eligible dependents, not to exceed $870 per month. In addition, for each employee enrolled in a PPO/HSA 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 PPO/HSA plan selected by the employee that exceeds $870 shall be paid by the employee 24 through a pre-tax payroll deduction. The City understands that the allotment amounts will vary based on the premium costs that go into effect on January 1 of each calendar year of the term of this Agreement.

Section 3: Dental:

The City of Vernon provides a dental insurance plan to employees. In the event an employee does not exceed his/hertheir 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/hertheir monthly employer medical allowance shall be paid by the employee through a pre-tax payroll deduction.

Section 6: Deferred Compensation
Employees are eligible to participate in the City’s Deferred Compensation Program.

Employees shall be responsible for paying their employee's contribution to PERS.

The City and Union agree to a reopener to discuss the impacts and effects if the laws concerning PERS are amended during the term of this contract.

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 — (Classic Members Only) One Year Final Compensation 27 • New employees hired on or after January 1, 2013 who meet the definition of new member under PEPRA shall receive 3 Year Average Final Compensation • Gov't Code Section: 21024 - Military Service Credit as Public Service • Gov't Code Section: 21548 — Pre-Retirement Option 2W Death Benefit • Gov't Code Section: 21573 — Third Level of 1959 Survivor Benefits Section 3: Retiree Medical
A. The City will 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 who retire at age 60 or later with at least twenty (20) years of continuous uninterrupted service. Retired employees will be permitted to enroll in a higher-cost plan and pay the amount in excess of the HMO equivalent.

C. All full-time regular employees, who retire with a minimum of ten (10) years of continuous uninterrupted service with the City, may pay the premium(s) for medical and/or dental insurance.

C.D. 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.

D.E. All retiree medical and/or dental insurance benefits provided pursuant to subsections A, B, and C above, shall be for retired employees only and shall not include their spouses or other dependents.

E.F. All retired employees who receive medical and/or dental insurance benefits pursuant to subsections A, B, or C above and who reach the age of sixty-five (65), are required to be enrolled in Medicare, and shall show proof of such enrollment, where upon the City's insurance policy will become supplemental coverage, if applicable.

F.G. The City’s obligation to make any payment under the retiree medical benefits program shall automatically terminate and cease upon the death of the retired employee.

G.H. The offer of the retiree medical benefits is not a vested right for future years.

Formatted: List Paragraph, Left, Right: 0", No bullets or numbering, Tab stops: Not at -0.25"
28 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 equivalent to the then-current lowest cost City-offered Employee-only medical-HMO and/or dental HMO insurance premium. An eligible retired employee who chooses this option and later has no reimbursable expenses is still eligible to receive the reimbursement at a later time when he or she does have qualifying reimbursable expenses. Once an employee who has opted out reaches Medi-care eligibility, the retiree shall receive a monthly reimbursement to the then-current cost of supplemental coverage. 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 in the City’s health plans. 29 ARTICLE NINE

1. January 1st - New Year’s Day

2. The 3rd Monday in January – Martin Luther King, Jr. Day

3. The 3rd Monday in February – Presidents Day

4. March 31st – Cesar Chavez Day

5. The last Monday in May – Memorial Day

6. July 4th – Independence Day

7. The first Monday in September – Labor Day

8. The second Monday in October – Columbus Day

9. November 11th – Veterans Day

10. The 4th Thursday in November – Thanksgiving Day

11. December 24th – Christmas Eve

12. December 25th – Christmas Day

13. December 31st – New Year’s Eve

C. Temporary and part-time employees are not eligible for paid holidays.

D. An employee whose regular shift assignment falls on a scheduled holiday and who is required to work on that day shall be paid at his/hertheir regular rate of pay for the holiday, plus overtime pay for his/hertheir regular hours worked (excluding employees assigned to a 24/7 operation).

E. Employees assigned to a 24/7 operation shall not be eligible for holiday pay, but shall instead receive In-Lieu Holiday hours equivalent to the applicable calendar year holiday schedule for rest of the Teamsters’ members, subject to the provisions below. 30 Section 2: In-Lieu Holiday Time
A. An employee regularly assigned to a 24/7 operation whose duties are such that they do not receive the benefits of regular legal holidays, shall be granted In-Lieu Holiday hours equivalent to the applicable calendar year holiday schedule for rest of the Teamsters members effective January 1st of each calendar 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.

B. Such In-Lieu Holiday time shall only be granted so long as said employee is on the active payroll of the Department.

C. In-Lieu Holidays must be taken prior to December 31st. Holidays may be taken as days off at the employee’s discretion, subject to the approval of the Department Head or designee.

E. An employee who resigns, retires, transfers out of a 24/7 operation or is terminated shall be compensated on a prorated basis for In-Lieu holiday time not yet taken. Proration shall be determined by the number of holidays that occurred in the calendar year prior to the resignation, retirement, transfer, or termination.

31 ARTICLE TEN

VACATION
Section 1: Vacation Leave
All full-time employees shall accrue vacation according to the following schedule:
4/10 Schedule:

B. No vacation leave shall be accumulated by employees while they are on an unpaid leave of absence or unpaid non-work related disability leave.

C. In the event one or more City holidays fall within a vacation period, such holidays shall not be charged as vacation leave. (Except for employees assigned to a 24/7 Operation) 32 D. Upon separation from City employment, compensation shall be paid for vacation leave, which has been earned but not taken at the employee’s regular rate of pay, including all compensation computed in accordance with the applicable base rate, at time of separation.

B. Vacation leave requests shall not be in excess of that actually earned at the time it is requested or in excess of the regular scheduled workweek.
33 ARTICLE ELEVEN

SICK LEAVE
Section 1: Sick Leave
A. Full-time Employees shall accrue 80 hours of sick leave per year, accruing 3.08 of sick hours over 26 pay periods per year. If the full-time employee works, or is on regular paid status, less than a full year, the hours of sick leave will accrue on a pro rata basis. Parttime and temporary employees (excluding CalPERS retired annuitants) working for 30 or more days within a year shall be entitled to accrue paid sick days at the rate of one (1) hour per every 30 hours worked. In accordance with the Healthy Workplaces, Healthy Families Act of 2014, beginning July 1, 2015, all part-time and temporary employees (excluding CalPERS retired annuitants) working for 30 or more days within a year shall be entitled to accrue paid sick days at the rate of one (1) hour per every 30 hours worked and shall be eligible to use accrued sick leave after satisfying a 90-day employment period.

Employees only receive sick leave accrual while they are in a paid status.

B. The City shall allow carry-over of sick leave up to the maximum cap of 960 hours of sick leave. This bank of carry-over sick leave would provide a cushion for longer-term illnesses and injuries.

C. Annually, any sick leave hours exceeding 960 will be compensated for at the end of the year at 50% of the employee’s regular hourly rate.

D. If an employee resigns from the City with 20 years or more of continuous service, he/she will be compensated for all unused sick leave hours in his/hertheir sick leave bank at the time of separation at 50% of his/hertheir then current regular hourly rate of pay.

E. If an employee retires from the City with 15 to 20 years of continuous service, he/she will be compensated for all unused sick leave hours in his/hertheir sick leave bank at the time of separation at 50% of his/hertheir then current regular hourly rate of pay. If an employee retires from the City with more than 20 years of continuous service, he/she will be compensated for all unused sick leave hours in his/hertheir sick leave bank at the time of separation at 100% of his/hertheir then current regular hourly rate of pay.

F. An employee who is out on sick leave for more than two (2) consecutive days shall be required to provide the City with a doctor’s note for the sick leave in order to be paid for the sick leave.

Section 2: Family Sick Leave (Kin Care)
A. Employees may use in any calendar year, the employee’s accrued and available sick leave entitlement, in an amount not more than the sick leave that would be accrued during six months at the employee’s then current rate of entitlement, for qualifying family illness as follows: Sick leave for family illnesses will be allowed only for the sickness of the spouse, children, mother, Formatted: List Paragraph, Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.25"
34 or father of the employee. In the case of joint custody of a child, illness of the child occurring at the other custodial parent’s house may also qualify. All family sick leave shall be approved by the department head.
35 ARTICLE TWELVE

All employees shall receive a minimum of two 15-minute breaks and a thirty (30) minute lunch period or sixty (60) minute lunch period per workday.

It is presently anticipated that the need for stand-by will be as follows, with the understanding that actual stand-by staffing, if any, remains at the discretion of the department head:

1.- One (1) Water Employee

2.- One (1) Building Maintenance Employee

3.- One (1) Environmental Specialist

4.- One (1) Street Facilities Maintenance Employee

5.- One (1) Police Dispatcher
38 The Call Back policy is not intended to be used in lieu of a demonstrated need for stand-by.

D. CONDUCT WHILE ON “STAND-BY” DUTY

1. While on stand-by duty the employee must be able to respond to the City within sixty 60 minutes of being called, and will carry the city issued phone.

2. The employee will at times remain able to immediately respond to any emergencies.

3. Each employee on stand-by duty is accountable to all of the rules and regulations of the City.

4. In the event of a call back, the employee will wear his/hertheir City uniform, if applicable. 39 F. ASSIGNED VEHICLES

GRIEVANCE PROCEDURE

PURPOSE AND SCOPE
The purpose of this Article is to provide for a mutually acceptable method for the prompt resolution of employee grievances over the misinterpretation or misapplication of this particular provision of this MOU, City policy, rule or past practice. The City and Union recognize the importance of a viable grievance procedure to aid in the resolution of disputes among employees, supervisors and management. Union and City agree that it is in their best interests to resolve disputes at the earliest opportunity and at the lowest level

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.

GRIEVANCE PRESENTATION AND PROCEDURES
Employees shall have the right to present their own grievance or do so through their Union representative.

All time periods specified in this procedure may be extended by mutual written (including email) 41 consent of the aggrieved employee (e), Union representative and the designated management representative.

INFORMAL PROCEDURE
Within eight (8) days of the date the employee(s) knew or reasonably should have known of the incident giving rise to the grievance, the employee may discuss the complaint with his/hertheir immediate supervisor. Employees are encouraged to discuss complaints with their immediate supervisor in an attempt to resolve the grievance at the lowest possible step.

Within eight (8) days of the discussion with the employee, the supervisor shall verbally respond to the employee’s complaint. If the employee is dissatisfied or if the supervisor fails to respond, the employee shall have access to the formal grievance process described below Step One - Immediate Supervisor
Within the time period referenced above, or if the employee chooses to skip the Informal Procedure, within eight (8) days of the date the employee(s) knew or reasonably should have known of the incident giving rise to the grievance, the employee(s) or the Union shall initiate the grievance procedure by explaining the situation in writing, with the information prescribed above, to the immediate supervisor of the affected employee(s). The Union and/or employee(s) waive 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/hertheir decision, in writing, to the Union and employee(s) within eight (8) days.

Step Two – Department Director
If the Union or employee(s) is not satisfied with the decision of the immediate supervisor, the grievant(s) shall present the grievance, in writing, to the grievant’s Department Director within eight (8) days of the decision of the immediate supervisor. The Union and/or employee(s) waive the right to proceed with the grievance if the grievant(s) does not act by this deadline. Within eight (8) days, the Department Director, or the designee of the Department Director, shall meet with the Union and employee(s) to hear the grievance. Within eight (8) days of hearing the grievance, the Department Director or designee shall present his/hertheir decision, in writing, to the Union and employee(s), with copies to the Human Resource Director and the City Administrator.

Step Three - City Administrator/Advisory Arbitration
If the Union or employee(s) is not satisfied with the result of the meeting with the Department Head, the grievant may request the matter be heard by the City Administrator or designee, or the Union may choose to have the matter heard by an impartial hearing officer (arbitrator). 42 Should the matter be submitted directly to the City Administrator or designee, he/she shall meet with the Union and/or employee(s) within eight (8) days of receipt of the grievant’ s written notice.

If the Union and/or employee(s) elects to have the matter heard by the City Administrator or designee, the Union 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/hertheir decision, in writing, to the Union and employee(s). The decision of the City Administrator shall be final and binding.

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.

Within eight (8) days of receipt of the arbitrator's recommendation, the City Administrator shall provide his/hertheir decision, in writing, to the Union and employee(s). The recommendation of an arbitrator shall be advisory to the City Administrator or designee. The decision of the City Administrator shall be final and binding.

All time limits specified in the foregoing procedure may be waived only by mutual written agreement.
43 ARTICLE FIFTEEN

DISCIPLINE PROCEDURE
Definition
Types of discipline include the following: suspension, demotion, reduction in pay or dismissal.

For the purposes of this article, verbal counseling, written warning, written reprimand, voluntary demotions, and performance evaluations are not classified as discipline.

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.

The following procedures shall be followed when, in the judgment of the Department Director, an employee has committed an act or omission that justifies discipline. The Department Director or his/hertheir 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/hertheir supervisor. To the extent possible, performance deficiencies or other causes for discipline will be documented in the employee’s personnel file.

Disciplinary Procedure
Prior to the suspension, demotion, reduction in pay or dismissal of any permanent employee for disciplinary purposes, the following procedures shall be followed:
44 Written Notice of Proposed Action
Written notice of the proposed disciplinary action shall be given to the employee. Such notice shall include the proposed effective date of the discipline, a statement of the reason(s) for the proposed action, including the rule or standard of conduct allegedly violated, the proposed discipline and the charge(s) being considered.

Employee Review
The employee shall be supplied with a copy of the documents or materials upon which the proposed disciplinary action is based.

Appeal Procedures
45 Major Discipline
Any permanent employee in the classified service shall have the right to appeal any dismissal, suspension of thirty (30) hours 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.

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

4. All time limits specified in the procedure may be waived by mutual written agreement.

5. At the conclusion of the hearing, the arbitrator will submit his/hertheir findings to the City and the employee. The opinion shall set forth findings of fact and conclusions. The decision of the Arbitrator will become final unless the City or the employee elects to pursue judicial review under CCP §1094.5.

Minor Discipline
Any permanent employee shall have the right to appeal any suspension below the threshold of major discipline. The appeal process shall not apply to probationary employees.

The Department Director or designee shall render his/hertheir decision in writing within fifteen (15) days of receiving the appeal. If the Department Director and employee are unable to arrive at a satisfactory solution, the employee may, within fifteen (15) days from the date of the decision by 46 the Department Director, 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/hertheir 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/herTheir 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.
47 ARTICLE SIXTEEN

B. The JLM Committee shall be utilized to allow the parties to discuss matters affecting the workplace environment.

D. JLM Committee consideration of proposed changes in terms and conditions of employment shall not occur and is not a condition precedent to the exercise by the City of its rights. 48 SIGNATURE PAGE
CITY OF VERNON TEAMSTERS LOCAL 911
Carlos R. Fandino Jr. Carlos Rubio
City Administrator / “MERR” VP / Senior Business Representative Union Committee Member
Scott Williams Michael Grijalva
Director of Finance/City Treasurer Union Committee Member Ashley Reveles Jerry Alvarado
Human Resources Analyst Union Committee Member
_______________________________
Michael Earl Joseph Alvarado
Director of Human Resources Union Committee Member
______________________________
Cerissa Diaz
Union Committee Member
_____________________________
James Moore
Union Committee Member
_____________________________
Efren Peregrina
Union Committee Member
APPROVED AS TO FORM:
_______________________________
Zaynah Moussa, Interim City Attorney
49 APPROVED AND ADOPTED BY CITY COUNCIL ON ____________________PER RESOLUTION NO._________________
ATTEST:
________________________________ Dated:_________________________ Deborah HarringtonLisa Pope, Interim City Clerk
City Council Agenda Item Report
Submitted by: Michael Earl
Submitting Department: Human Resources
Meeting Date: July 19, 2022

SUBJECT
Citywide Fringe Benefits Policy
Recommendation:

Adopt Resolution No. 2022-28 adopting the Citywide Fringe Benefits Policy and repealing Resolution No. 2021-15.

Background:

The Citywide Fringe Benefits Policy (Policy) contains provisions that apply to all employees and officers of the City of Vernon and specifically outlines benefits and terms of employment for employees in classifications designated as Executive, Management, Mid-Management, Confidential, Unclassified, and Elected Officials. Exceptions, additions, and/or limitations to the Policy are found in individual Memoranda of Understanding for represented classifications.

Proposed revisions to the Policy reflect previous City Council authority provided for labor negotiations with the City's bargaining groups and the wages, hours, and terms and conditions of employment for employees in unrepresented classifications. The proposed revisions are summarized as follows:

Section 6. Vacation: This section is amended to provide credit towards accrual of vacation leave for previous City of Vernon employment for current City employees who may have had a break in service with the City.

Section 18. Retiree Medical - Non-Safety Employees: This section is amended to modify the terms of eligibility for retiree medical benefits for employees who occupy classifications designated as Executive. A total of nine single-incumbent classifications are affected by this revision. The minimum age threshold is modified from age 60 to age 55; coverage is added for eligible spouses; and eligible service credit is defined to include cumulative public sector service rather than solely City of Vernon employment.

This section is also amended to provide credit towards eligibility for retiree medical benefits for previous City of Vernon employment for current City employees who may have had a break in service with the City.

Section 20. Bilingual Pay: This section is amended to increase Bilingual Pay for all eligible City employees from $125 per month to $275 per month.

Section 24. Compensation for Classifications Designated as Executive, Management, Mid-Management, Confidential, Unclassified, and Elected Officials: This section is added to specifically identify and specify changes in salaries and any Cost of Living Adjustments (COLA) for classifications in the designated groups. As detailed in the proposed revisions to the Fringe Benefits Policy, the amendments provide the following:

For classifications designated as Executive, there are no salary adjustments (COLA) for Fiscal Year 2022-23. A 2.5% COLA is provided in Fiscal Years 2023- 24 and 2024-25.

For classifications designated as Management and Mid-Management, in lieu of a salary increase (COLA), employees in these classifications would receive a one- time lump sum Off-Salary Schedule Payment equal to 3% of the employees' annual salary. A 3% COLA is provided in Fiscal Years 2023-24 and 2024-25.

For classifications designated as Confidential, Unclassified, and Elected Officials, a 3% COLA is provided for Fiscal Years 2022-23, 2023-24, and 2024-25.

Approval of the specific salary schedules that make up the City's Classification and Compensation plan is provided through a separate City Council meeting agenda item.

Fiscal Impact:

The estimated fiscal impact resulting from approval of the proposed amendments to the Citywide Fringe Benefits Policy for the classifications of Executive, Management, MidManagement, Confidential, Unclassified, and Elected Officials, as detailed above is approximately $352,903 for Fiscal Year 2022-23. Sufficient funds for the proposed amendments are available in the salary and benefit accounts for each City Department.

Funding for future fiscal years will be included in future proposed budgets.

Attachments:

1. Resolution No. 2022-28

2. Citywide Fringe Benefits Policy 07-19-2022 (Redline) RESOLUTION NO. 2022-28

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON

ADOPTING CITYWIDE FRINGE BENEFITS POLICY AND REPEALING
RESOLUTION NO. 2021-15
SECTION 1. Recitals.

A. On June 1, 2021, the City Council adopted Resolution No. 2021-15, adopting a Citywide Fringe Benefits Policy.

B. To reflect City Council authority provided for labor negotiations with the City’s bargaining units and employees in unrepresented classifications, staff recommends the adoption of an updated Citywide Fringe Benefits Policy.

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. Effective July 19, 2022, the City Council hereby approves the Citywide Fringe Benefits Policy, attached hereto as Exhibit A.

SECTION 4. All resolutions or parts of resolutions, specifically Resolution No. 2021-15, are hereby repealed.

SECTION 5. 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
Fringe Benefits Policy

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City of Vernon

CITYWIDE FRINGE BENEFITS
POLICY
Adopted July 19, 2022
Resolution No. 2022-28

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Fringe Benefits Policy

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TABLE OF CONTENTS

CITYWIDE FRINGE BENEFITS POLICY

Introduction: ........................................................................................................ 3 Section 1: Holiday............................................................................................. 3 Section 2: Administrative Leave Time .............................................................. 4 Section 3: Overtime.......................................................................................... 5 Section 4: Compensatory Time ....................................................................... 7 Section 5: Court Time...................................................................................... 7 Section 6: Vacation.......................................................................................... 8 Section 7: Sick Leave...................................................................................... 9 Section 8: Family Sick Leave (Kin Care) ........................................................ 12 Section 9: Bereavement Leave ....................................................................... 12 Section 10: Jury Duty ....................................................................................... 13 Section 11: Automobile Allowance and Reimbursement for Expenses ............. 14 Section 12: Health Insurance ............................................................................ 15 Section 13: Dental Insurance ............................................................................ 16 Section 14: Vision Insurance ............................................................................. 16 Section 15: Life Insurance................................................................................. 16 Section 16: Deferred Compensation Plan ......................................................... 16 Section 17: CalPERS Retirement Plan.............................................................. 17 Section 18: Retiree Medical Insurance.............................................................. 19 Section 19: Longevity Program ......................................................................... 22 Section 20: Bilingual Pay................................................................................... 22 Section 21: Uniform Allowance.......................................................................... 22 Section 22: Stand-by Policy............................................................................... 23 Section 23: Per Diem ........................................................................................ 24 Section 24: Compensation for Classifications Designated as Executive, Management, Mid-Management, Confidential, Unclassified and Elected Officials ............................................................................. 24

Resolution No. 2022-28

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Fringe Benefits Policy

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INTRODUCTION
The Citywide Fringe Benefits Policy shall apply to all employees and officers of the City of Vernon. Exceptions, additions, and/or limitations to this basic policy may be found in respective Memoranda of Understanding or employment contracts. The existence of these policies shall not create or imply any employment contract or vested right of employees.

For those employees covered in respective memoranda of understanding (MOU), the provisions set forth in the applicable MOU shall prevail in the event that there is any conflict between provisions established in this Resolution and any provisions established in the respective MOU.

The provisions set forth in this Policy or as amended from time to time shall be effective upon City Council adoption, unless a specific effective date is stated therein.

FRINGE BENEFITS
Section 1. HOLIDAYS
A. Authorized holidays are as set forth in Table 1, attached hereto and incorporated herein by reference. Municipal offices shall be closed on such holidays.

B. The dates for observation of holidays shall be approved by the City Council.

C. If an authorized holiday falls on a Sunday, the following Monday shall be treated as the holiday. Holidays falling on a Friday, or Saturday, shall not be granted as an authorized holiday to employees.

D. An employee whose regular shift assignment falls on an authorized holiday and who is required to work on that day shall be paid at his/her regular hourly rate of pay for the holiday, plus his/her regular hourly rate including any applicable overtime pay for the actual hours he/she was required to work on the authorized holiday.

E. Temporary and part-time employees are not eligible for paid holidays.

G. All full-time employees may use vacation time or compensatory time for a religious holiday (not listed herein as an authorized holiday) with the prior approval of the department head. If there is insufficient accumulated time, the employee may request the time as unpaid leave of absence.

Resolution No. 2022-28

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TABLE 1 - HOLIDAY
Section 2. ADMINISTRATIVE LEAVE
A. Executive and Management - Includes City Administrator, City Attorney, City Clerk, City Treasurer and the heads of all Departments as listed in the City Code or City Charter and their respective Deputies and Assistant Directors shall receive, effective January 1 of each calendar year, 80 hours of Administrative leave.

B. The 80 hours may not be carried over into the succeeding calendar year and is lost and not eligible for cash payout if not used by December 31 of each calendar year.

C. Executive and Management staff hired, promoted, or reclassified on or after April 1 of each calendar year shall be eligible to receive pro-rated administrative leave hours during the year of hire as identified below:

HOLIDAY
January 1st - New Year’s Day
3rd Monday in January - Martin Luther King Jr. Day
3rd Monday in February - Presidents Day
March 31st - Cesar Chavez Day
Last Monday in May – Memorial Day
July 4th – Independence Day
1st Monday in September – Labor Day
2nd Monday in October – Indigenous Peoples’ Day
November 11th – Veterans Day
4th Thursday in November - Thanksgiving Day
December 24th – Christmas Eve
December 25th – Christmas Day
December 31st – New Year’s Eve
And other days as such designated by City Council.

Hired, Promoted, or Reclassified on
or Between
Administrative Leave
January 1 – March 31 80 hours
April 1 – June 30 60 hours
July 1 – Sept. 30 40 hours
Oct 1 – Dec. 31 20 hours
Resolution No. 2022-28

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D. Mid-Management – Staff who are designated as exempt in accordance with the Fair Labor Standards Act (FLSA) shall receive, effective January 1 of each calendar year, 60 hours of Administrative leave.

E. The 60 hours may not be carried over into the succeeding calendar year and is lost and not eligible for cash payout if not used by December 31 of each calendar year.

F. Mid-Management FLSA exempt staff hired, promoted, or reclassified on or after April 1 of each calendar year shall be eligible to receive pro-rated administrative leave hours during the year of hire as identified below:

Hired, Promoted, or Reclassified on or
Between
Administrative Leave
January 1 – March 31 60 hours
April 1 – June 30 45 hours
July 1 – Sept. 30 30 hours
Oct 1 – Dec. 31 15 hours
G. All Administrative leave requests should be approved by the department head or City Administrator at least ten days in advance of the date to be taken, although the department head retains discretion to approve the use of Administrative Leave in special circumstances.

H. The City Administrator or his/her designee may grant additional administrative leave upon commencement of employment in order to attract highly qualified and experienced executive and management level staff.

Section 3. OVERTIME
A. It shall be the duty of all department heads to operate their respective departments with a minimum amount of overtime. If the best interests of the City require that an employee work beyond the forty (40) hours of work scheduled, such employee shall be compensated as set forth hereinafter.

B. The department head may reschedule the workweek of employees in positions not exempt from the FLSA to allow credit for productive hours actually worked on one day (excluding lunch periods) towards the regular paid workweek schedule. For example, if an employee works twelve (12) hours on one day (based on a ten (10) hour day), the entire twelve hours will be recorded on the time card as paid worked time. In this example, the department may schedule the employee to work only eight (8) hours on one of the other scheduled workdays in the workweek, as long as the employee’s hours for the workweek do not fall below the minimum paid work hours schedule.

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C. All overtime requests must have prior written authorization of the respective department head or designee 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.

D. Except as may be provided in specific memoranda of understanding, employees will be paid overtime at time and a half (1.5) of their regular hourly rate for all eligible hours worked in excess of forty (40) hours in a single workweek.

E. Holidays (regular, in-lieu), vacation time, sick leave, compensatory time, paid jury duty leave, and bereavement leave shall count as time worked for the purposes of computing overtime. Unpaid jury leave, disciplinary suspensions, and administrative leave shall not count as time worked for the purpose of computing overtime.

F. In the event a part-time or temporary employee is required to work beyond his/her assigned working hours, compensation shall be at the normal hourly rate up to forty (40) hours per workweek. For hours worked beyond forty (40) in a workweek, such employee shall be compensated at the rate of one and one-half of (1.5) said employee’s hourly rate.

G. If an employee works on his/her regular day off, the employee will receive paid compensation or receive compensatory time, at the employee’s discretion. With a mutual agreement between an employee and his/her supervisor, an employee’s regular day off may be rescheduled to another day off in the same pay period.

H. An employee is expected to begin work no more than five (5) minutes prior to the beginning of his or her scheduled start time, and to stop work no later than five (5) minutes after the end of his or her scheduled ending time. An employee who wishes to begin or end work at a different time must obtain written approval from his or her department head prior to working the different or additional time.

I. Straight time and overtime will be compensated in six (6) minute segments of time.

J. While overtime should be attempted to be distributed equally amongst all employees in a given classification, the department head retains discretion to assign such overtime.

K. The City Administrator, department heads and those management employees designated by the City Administrator as exempt under the provisions of the Fair Labor Standards Act (FLSA) shall not be subject to the provisions of this section relating to overtime, but shall work such hours as may be necessary for the effective operation of their respective departments.

L. Please refer to Human Resources Policy, Salary Plan Administration II-3.

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Section 4. COMPENSATORY TIME
A. All regular full-time employees may request to accrue compensatory time in lieu of cash payment for overtime worked. The total compensatory time accrued is calculated by multiplying the number of hours of overtime worked by the applicable overtime rate (1, 1.5 or 2), and is subject to the approval of the department head.

B. Compensatory time may be accumulated up to a maximum of eighty (80) hours. It is at the employee’s option whether to receive overtime compensation or compensatory time accruals up to the 80-hour limit.

C. Compensatory time shall be taken in 6-minute increments. Scheduling of compensatory time requires prior approval and must be preceded by a ten (10) day notice of intended use from the employee. Management may waive the ten (10) day notice in cases of emergency.

D. Employees who have reached the 80-hour limit shall receive overtime compensation. There are no cash payouts of compensatory time once an employee has elected compensatory accrual.

Section 5. COURT TIME
A. The required presence in a court of law of any employee subpoenaed to testify in a matter arising within the course and scope of his/her City employment shall be compensated in accordance with the below provisions.

B. For each day that the presence of the employee is required in a court of law in response to an order or subpoena in relation to an incident or event arising out of the course and scope of employment with the City, the employee shall be given a paid leave of absence.

C. For each day an employee is required in a court of law in response to an order or subpoena in relation to an incident or event arising out of the course and scope of employment with the City that is outside of the employee’s regularly scheduled work shift, the employee shall be given a paid leave of absence.

D. An employee who needs to appear in court on any other matter not arising out of the course and scope of employment with the City shall be expected to use their accrued paid leave to make such appearance, or unpaid leave if no leave is available.

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Section 6. VACATION
A. Except as provided for in respective memoranda of understanding, every full time employee who has been in the continuous employment of the City shall receive annual vacation leave as set forth in below:

Mid-Management and Confidential Staff:

Continuous Years of Service Vacation Hours Earned Bi-Weekly Accrual

1st year thru 4th year 80 3.08
5th year thru 9th year 100 3.85
10th year thru 14th year 120 4.62
15th year thru 24th year 160 6.16
25th year and more 190 7.31
Executive and Management Staff: Include the City Administrator, City Attorney, City Clerk, City Treasurer and the heads of all Departments as listed in the City Code or City Charter and their respective Deputies and Assistant Directors.

Continuous Years of Service Vacation Hours Earned Bi-Weekly Accrual
1st year thru 4th year 120 4.62
5th year thru 10th year 150 5.77
10th year thru 15th year 170 6.54
15th year thru 25th year 185 7.12
25th year and more 190 7.31
B. 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.

C. Mid-Management and Confidential staff shall be allowed to accumulate and carry over to the next calendar year a maximum number of hours equal to the number of hours the employee accrued during the immediately preceding year. In or about February of each year, employees shall be compensated for unused accrued vacation benefit in excess of the allowed accumulated amount referenced herein.

D. Executive and Management staff shall be allowed to accumulate up to a maximum accrual cap of 480 hours. Upon reaching the 480-hour maximum accrual cap, the employee shall stop accruing vacation leave benefit until such time he/she brings the vacation accrual below the 480-hour maximum accrual.

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E. Vacation leave shall be scheduled with the approval of the City Administrator or department head or his or her designee by submitting a Leave Request Form in writing, within ten (10) business days before the beginning of the vacation.

Vacation leave requests for extended times (3 weeks or more), unless an unforeseen emergency exists, shall be submitted at least thirty (30) days in advance of the beginning of the vacation.

F. Vacations shall be approved subject to the needs of the department. The employee’s seniority and wishes will be factors that are considered during the scheduling process.

G. Vacation leave requests shall not be in excess of such leave actually earned at the time it is requested or in excess of the regular scheduled workweek.

H. No vacation leave shall be accumulated by employees while they are on an unpaid leave of absence.

I. Vacation may be taken prior to the completion of the employee’s probationary period under special circumstances and with the approval of the department head.

J. In the event one or more City holidays fall within a vacation period, such holidays shall not be charged as vacation leave.

K. Upon separation from City employment, compensation shall be paid for vacation leave that has been earned but not taken.

L. Vacation leave shall be requested in fifteen (15) minute increments.

M. The department head retains discretion to cancel previously authorized vacation in the case of an emergency.

N. The City Administrator or his /her designee may grant additional leave upon commencement of employment in order to attract highly qualified and experienced executive and management level staff.

Section 7. SICK LEAVE
A. All full-time employees shall accrue up to 80 hours of sick leave per calendar year, at a rate of 3.08 of sick leave hours per pay period.

B. In accordance with the Healthy Workplaces, Healthy Families Act of 2014, beginning July 1, 2015, all part-time and temporary employees (excluding CalPERS retired annuitants) working for 30 or more days within a year shall be entitled to accrue paid sick days at the rate of one (1) hour per every 30 hours worked and shall be eligible to use accrued sick leave after satisfying a 90-day employment period
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C. Employees shall only receive sick leave accrual while they are in a paid status.

D. The City shall allow annual carry-over of sick leave hours for full-time employees up to a maximum accrual cap of 960 hours and 48 hours for eligible part-time/ temporary employees. This bank of carry-over sick leave would provide a cushion for long-term illnesses and injuries.

E. Any sick leave hours exceeding 960 hours (full-time) or 48 Hours (part-time will be compensated for in or about February of each year at 50% of the employee’s hourly rate.

F. Temporary employees are not eligible for cash-out of accrued sick leave hours.

G. All employees who are rehired with a break in service of less than one year are entitled to have previously unpaid accrued and unused paid sick days reinstated.

H. Sick leave shall be allowed on account of actual illness, for the diagnosis, care, or treatment of an existing health condition or preventative care for an employee or an employee’s family member (including to care for a parent-in-law, grandparent, grandchild, or a sibling, in addition to child, parent, spouse or registered domestic partner). Sick leave shall also be allowed for an employee for certain purposes related to being a victim of domestic violence, sexual assault, or stalking.

Preventive health care shall include medical and dental appointments (if such appointments cannot be arranged other than during working hours) and injury not arising out of and in the course of employment. Sick leave shall be used in increments of fifteen (15) minutes and shall not be taken in excess of time earned at the time it is taken.

I. Foreseeable sick leave requires advance notification, while unforeseeable sick leave requires notice as soon as practicable. If sick leave on account of any of the above illnesses exceeds two (2) consecutive working days, the employee, prior to return to work, shall submit a statement of such disability illness or injury from the employee or family member’s physician. The statement shall certify the physical condition of the employee/employee’s family member that prevented the employee from performing the duties of said employee’s position during the period of absence. The department head or designee, in accordance with departmental procedure, shall approve all sick leaves. Notwithstanding the above, the City may require verification of sick leave use whenever it has reason to believe there is misuse, abuse or a pattern of abuse.

J. Abuse of sick leave, and excessive leave, may constitute grounds for disciplinary action. Abuse of sick leave includes, but is not limited to, not adhering to sick leave policies, using sick leave for purposes not enumerated in this policy, and falsifying or misstating facts when using sick leave. A pattern of sick leave usage on Mondays, Thursdays, and immediately before and after holidays and/or vacations Resolution No. 2022-28

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may be evidence of sick leave abuse. A violation of this policy will result in corrective action including counseling and/or disciplinary action, and/or a mandatory referral to the City’s Employee Assistance Program (EAP). This determination of abuse does not apply to an employee’s use of sick leave under an approved family, medical, and/or pregnancy disability leave in accordance with state and federal laws.

K. If in the opinion of the department head it appears that an employee may be establishing a pattern of abuse of sick leave or frequent or excessive absences, a statement establishing the need for sick leave from the employee’s physician may be required as a condition of approved sick leave.

L. Employees may use accrued compensatory or vacation leave for extended sick leave absence because of a prolonged and continuing illness and/or medical treatment after sick leave has been exhausted.

M. Employees are required to use accumulated sick leave concurrently with absences on account of a work related injury arising out of and in the course of his/her employment. In cases where the injury suffered is covered by Workers Compensation Insurance, accumulated sick leave must be used concurrently to make up the difference between Workers Compensation Insurance allowance and full base pay. Please refer to Personnel Policy, Family and Medical Leave Policy.

N. If an employee resigns from the City with 20 years or more of continuous service, he/she will be compensated for all unused sick leave hours in his/her sick leave bank at the time of separation at 50% of his/her then current regular hourly rate of pay.

O. If an employee retires from the City with 15 or more years of continuous service, but fewer than 20 years, he/she will be compensated for all unused sick leave hours in his/her sick leave bank at the time of separation at 50% of his/her then current regular hourly rate of pay. If an employee retires from the City with 20 or more years of continuous service, he/she will be compensated for all unused sick leave hours in his/her sick leave bank at the time of separation at 100% of his/her then current regular hourly rate of pay.

P. If a temporary employee resigns or the temporary assignment has ended, he/she shall not be eligible for compensation of unused sick leave hours in his/her sick leave bank at the time of separation.

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Section 8. FAMILY SICK LEAVE (KIN CARE)
Employees may use in any calendar year, up to one-half of employee’s annual, accrued and available sick leave to attend to the illness of a child, parent, spouse, domestic partner, sibling, parent-in-law, grandchild, or grandparent. In the case of joint custody of a child, illness of the child occurring at the other custodial parent’s house may also qualify.

All family sick leave shall be approved by the department head.

Section 9: BEREAVEMENT LEAVE
A. Permanent full-time employees, regardless of period of service, may in the event of death or if death appears imminent, of any “immediate family member” as defined below, including the equivalent relatives of a registered domestic partner, be allowed up to the equivalent of four (4) work days (total hours may vary depending on work schedule) of bereavement leave without loss of salary.

Relative All Regular
Employees
Spouse 4 work days
Child 4 work days
Registered
Domestic Partner
4 work days
Step-Child 4 work days
Parent 4 work days
Step-Parent 4 work days
Mother-in-law 4 work days
Father-in-law 4 work days
Grandchild 4 work days
Step-Grandchild 4 work days
Grandparent 4 work days
Grandparent-in-law 4 work days
Brother 4 work days
Sister 4 work days
Step-Sister 4 work days
Step-Brother 4 work days
Daughter-in-law 4 work days
Son-in-law 4 work days
Brother-in-law* 4 work days
Sister-in-law* 4 work days
*Brother-in-law and sister-in-law are defined as the spouse of the employee’s sibling or the sibling of the employee’s spouse.

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death while at work, he or she is entitled to leave work immediately; this partial day leave will not be counted towards the bereavement leave.

C. Bereavement leave must be authorized by the Department head and must be utilized within fifteen (15) days of employee learning of the death, or of the date of foreseen imminent death of the immediate family member, unless special circumstances require that the leave begin at a later date. Such requests to the Department head shall be made within 15 days of the employee learning of the death or of the date of foreseen imminent death and shall not be unreasonably denied.

D. Representatives may be authorized by the Department head to attend with pay the funeral of a co-worker in said department on behalf of the City if the funeral of the deceased co-worker occurs during working hours; provided the funeral is held within a reasonable distance of City limits.

Section 10: 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 (equivalent to eight (8) days based on City Hall schedule Monday through Thursday) at full pay for jury duty. The employee must provide notice of the expected jury duty to his or her supervisor as soon as possible, but in no case later than 14 calendar days before the expected start date of the jury duty.

Employees assigned to jury duty on a City authorized holiday will be considered to have taken such a holiday and will receive regular holiday pay, but the employee shall be entitled to the jury compensation for duty performed on such holiday.

Section 11: AUTOMOBILE ALLOWANCE AND REIMBURSEMENT FOR

EXPENSES
A. Any employee who is required to use said employee’s personal automobile in the course of employment with the City shall be reimbursed for each mile actually Resolution No. 2022-28

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traveled on official business in accordance with the per mile reimbursement rate allowed by the Internal Revenue Service in effect at the time of such travel.

B. Any employee who is required to travel in the performance of his or her duties or to attend an authorized meeting or conference which is of benefit to the City shall be reimbursed for reasonable expenses incurred for transportation, meals, lodging and incidentals. Automobile allowance and reimbursement for expenses shall be recommended by the department head or designee and approved by the City Administrator pursuant to the provisions of the City of Vernon Travel and Meeting Expense Reimbursement Administrative Policy. No allowance shall be made for transportation between the employee’s home and the place where such person is normally employed by the City.

C. The City Administrator shall have the option to receive a monthly automobile allowance of $600 or shall be provided a City Vehicle and Fuel. Executive and Management Staff consisting of the Director of each City Department and their respective Deputy Director or Assistant Director shall be eligible to receive a $400 monthly automobile allowance or be provided a City Vehicle and Fuel as determined by the City Administrator.

D. Employees who occupy the following classifications shall receive a monthly automobile allowance or be provided the use of a City Vehicle and Fuel as set forth below.

Classification Amount
City Attorney (non-contract) $400.00
Environmental Health Program Administrator $400.00
Assistant General Manager of Public Utilities City Vehicle & Fuel Utilities Operations Manager City Vehicle & Fuel
Utilities Engineering Manager City Vehicle & Fuel
Police Admin. Lieutenant City Vehicle & Fuel
Police Canine Officer #1 City Vehicle & Fuel
Police Canine Officer #2 City Vehicle & Fuel
Police Captain City Vehicle & Fuel
Police Lieutenant City Vehicle & Fuel
Police Motor Officer #1 City Vehicle & Fuel
Police Motor Officer #2 City Vehicle & Fuel
Police Sergeant on Detective Duty City Vehicle & Fuel
E. Wherever an automobile allowance is made to any employee for the use of their personal automobile, such allowance shall not be payable whenever the employee is on vacation, leave of absence, or otherwise absent the entire calendar month, unless otherwise specified by the City Administrator.

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F. The City shall not be responsible for repairs or any additional costs for upkeep, fuel, lubrication, replacement in whole or in part, or other expenses in connection with any such vehicle beyond the respective amounts set forth above.

Section 12: HEALTH INSURANCE
A. The City offers various medical plans to employees under a Section 125 Cafeteria plan (non-cash out). The City reserves the right to select, administer, or fund any fringe benefit program involving insurance that now exist or may exist in the future.

The City will adhere to the cafeteria plan requirements in accordance with IRS Section 125 regulations.

B. The City shall contribute for each full-time employee up to the maximum amounts as set forth below per pay period, toward the cost of his/her medical plan as outlined in Subsection A through C below. In the event an employee does not exhaust nor exceed his/her monthly medical allowance, the employee shall be allowed to apply any unused portion towards the purchase of dental, vision, supplemental or ancillary plans offered through the City and approved by the Director of Human Resources.

a. Effective July 1, 2016, employees shall receive a cafeteria plan contribution equal to the total premium costs of the Employee Only, Employee + Spouse, Employee + Child(ren), or Employee + Family Low Medical HMO, lowest cost Dental DMO, and lowest cost vision Plan that corresponds with the employees’ benefit selection or $1,120, whichever is greater. The allotment amounts will vary based on the premium costs that go into effect on January 1st of each calendar year. b. Employees that elect a health plan higher than the Low HMO medical, dental and/or vision, will be responsible for any applicable, excess premium costs; however, if employees opt out of dental and/or vision coverage, they may use the allotments for those respective coverages toward excess medical premiums.

c. Employees who elect the PPO/HSA coverage shall receive an equal benefit to that described above, less $3,000 on an annual basis, which would instead be deposited to their HSA account.

C. City Council members are entitled to the same medical benefits offered to the management and confidential employees. The City shall not pay or reimburse any medical-related health, vision, or dental costs not covered by the City’s insurance program or Medicare for City Council members or their eligible dependents or spouses.

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D. The City shall not provide or reimburse the City Council members or their dependents or spouses for expenses incurred relating to a PERS long-term health care benefit.

Section 13. DENTAL INSURANCE
The City of Vernon provides a dental insurance plan to full-time 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 (spouse, registered domestic partners and qualified 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 14. VISION INSURANCE
The City of Vernon provides a vision care plan to full-time employees. 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 their monthly employer medical allowance, the employee shall be allowed to apply any unused portion towards the purchase of additional provided coverage for vision care.

Section 15. LIFE INSURANCE
The City provides life insurance up to $20,000 in coverage to full-time 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.

Section 16. DEFERRED COMPENSATION PLAN
Employees are eligible to participate in the City’s Deferred Compensation Program.

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Section 17. CALIFORNIA PUBLIC EMPLOYEE RETIREMENT SYSTEM (CALPERS)

CONTRIBUTION
The City advises that it makes no representation to employees as to whether any of the compensation or payments in this document are subject to CalPERS service credit or pensionable income. Any determination by CalPERS to not fully credit the compensation and/or service time provided under this document is not a proper basis on which to pursue any claim or action against the City related to any determination made by CalPERS in connection with this document.

MISCELLANEOUS EMPLOYEES
A. The City shall maintain its contract with the California Employees Public Retirement System (PERS) that provides full-time employees hired before January 1, 2013 with 2.7% at 55 PERS retirement benefit plan.

As a result of the recent passage of AB 340, Public Employee Pension Reform Act (PEPRA), new CalPERS members hired on or after January 1, 2013 who meet the definition of new member under PEPRA, shall be provided a 2.0% at 62 PERS retirement benefit plan.

B. Employees shall be responsible for paying 100% of their PERS employee’s contributions.

C. Effective the first 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 nine percent (9%).

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New employees hired on or after January 1, 2013 who meet the definition of new member under PEPRA shall receive 3 Year Average Final Compensation
b. Gov’t Code Section: 21024 - Military Service Credit as Public Service
c. Gov’t Code Section: 21624, 21626, 21628 – Post Retirement Survivor Allowance
d. Gov’t Code Section: 21548 – Pre-Retirement Option 2W Death Benefit
d. Gov’t Code Section: 21573 – Third Level of 1959 Survivor Benefits
E. The payment to CalPERS made by the City on behalf of the affected employee shall not be considered as base salary but shall be considered an employer contribution pursuant to Section 414(h)(2) of the Internal Revenue Code.

SAFETY EMPLOYEES
A. The City shall maintain its contract with the California Employees Public Retirement System (PERS) that provides full-time safety employees hired before January 1, 2013 with 3.0% at 50 PERS retirement benefit plan.

As a result of the recent passage of AB 340, Public Employee Pension Reform Act (PEPRA), new CalPERS safety 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.

B. Employees shall be responsible for paying their PERS nine percent (9%) employee’s contributions.

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D. The City provides additional supplemental retirement benefits to full-time employees under CalPERS as follows:
a. Gov’t Code Section: 20042 – (Classic Members Only) One Year Final Compensation
New employees hired on or after January 1, 2013 who meet the definition of new member under PEPRA shall receive 3 Year Average Final Compensation
b. Gov’t Code Section: 20124 - Military Service Credit as Public Service
c. Gov’t Code 21574 – 4th Level 1959 Survivor Benefit (Fire members only)
d. Gov’t Code Section: 21571 – Basic Level of 1959 Survivor Benefit (Police members only)
e. Gov’t Code Section: 21624, 21626, 21628 – Post Retirement Survivor Allowance
f. Gov’t Code Section: 21548 - Pre-Retirement Option 2W Death Benefit (Fire members only)
g. Gov’t Code Section 20965 – Credit for Unused Sick Leave E. The payment to CalPERS made by the City on behalf of the affected employee shall not be considered as base salary but shall be considered an employer contribution pursuant to Section 414(h)(2) of the Internal Revenue Code.

Section 18. RETIREE MEDICAL - NON-SAFETY EMPLOYEES
A. The City will pay up to the amount equivalent to the then current, lowest cost, HMO insurance premium for the City's m edical and/or dental insurance premium(s) for the employee and their eligible spouse for all full-time employees designated as Executive who retire at age 55 or later with at least twenty (20) years of eligible service. Eligible retirees may opt not to enroll in the City’s medical and/or dental insurance coverage and instead receive a monthly reimbursement up to the then-current lowest cost City-offered medical HMO and/or dental HMO insurance premium for the employee and eligible spouse.

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Once an eligible retiree opts not to enroll in the City’s medical and/or dental insurance, he or she will not be allowed to re-enroll. Once an eligible retiree who has opted out reaches Medi-care eligibility, the retiree shall receive a monthly reimbursement to the then-current cost of supplemental coverage.

Eligible service shall include cumulative employment in the public sector at other public agencies.

B. The City will 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 employees designated as Management, Mid-Management and Confidential who retire at age 60 or later with at least twenty (20) years of continuous uninterrupted service. Eligible retirees may opt not to enroll in the City’s medical and/or dental insurance coverage and instead receive a monthly reimbursement up to the then-current lowest cost City-offered Employee-only medical HMO and/or dental HMO insurance premium. Once an eligible retiree opts not to enroll in the City’s medical and/or dental insurance, he or she will not be allowed to re-enroll. Once an eligible retiree who has opted out reaches Medi-care eligibility, the retiree shall receive a monthly reimbursement to the then-current cost of supplemental coverage.

C. Eligible retirees will be permitted to enroll in a higher-cost plan and pay the amount in excess of the HMO equivalent.

D. All full-time regular employees with at least thirty (30) years of continuous uninterrupted service who retire before the age of sixty (60) years will be permitted to pay their medical and/or dental insurance premiums, and, upon reaching the age of sixty (60), the City will pay up to the amount equivalent to the then current lowest cost, employee only HMO medical and/or dental insurance premium(s).

E. All full-time regular employees, who retire with a minimum of ten (10) years of continuous uninterrupted service with the City, may pay the premium(s) for medical and/or dental insurance.

F. 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.

G. All retiree medical and/or dental insurance benefits provided pursuant to subsections A, B, and C above, shall be for retired employees only and shall not include their spouses or other dependents.

H. All retired employees who receive medical and/or dental insurance benefits pursuant to subsections A, B, or C above and who reach the age of sixty-five (65), are required to be enrolled in Medicare, and shall show proof of such enrollment, where upon the City's insurance policy will become supplemental Resolution No. 2022-28

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coverage, if applicable.

I. Should the retired employee fail to pay any premiums due for the cost of the insurance premium for the City’s medical-dental insurance program for any two (2) consecutive months, or should the coverage otherwise lapse for any reason other than City’s non-payment, then the City’s obligation to make further payment under the retiree medical benefits program shall automatically terminate and cease, without the need for further notice.

J. The City’s obligation to make any payment under the retiree medical benefits program shall automatically terminate and cease upon the death of the retired employee.

K. The offer of the retiree medical benefits is not a vested right for future years.

L. City Council members are entitled to the same retiree medical benefits offered to all full-time regular employees as identified under the citywide resolution for retiree medical benefits in effect at the time Council members retire.

Section 19. LONGEVITY PROGRAM
A. LONGEVITY PROGRAM FOR EMPLOYEES EMPLOYED ON OR BEFORE JUNE 30, 1994.

The City has established a longevity program for all employees. The longevity program described herein will apply to all employees, except Department Heads and employees covered in a collective bargaining agreement, employed on or before June 30, 1994.
a. Five (5) Years of Service.

All eligible employees who have five (5) years of consecutive uninterrupted service on or before July 1, 1986, shall receive an additional five percent (5%) per month of their base salary effective July 1, 1986, and every year thereafter until reaching the next step. Employees upon reaching their 5th anniversary date after July 1, 1986, shall be entitled to said five percent (5%) per month upon said anniversary date.
b. Ten (10) Years of Service.

All eligible employees who have ten (10) years of consecutive uninterrupted 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 step. 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.

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c. Fifteen (15) Years of Service.

All eligible employees who have fifteen (15) years of consecutive uninterrupted 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 step. Employees upon reaching their 15th anniversary date after July 1, 1988, shall be entitled to said fifteen percent (15%) per month upon said anniversary date.
d. Twenty (20) Years of Service.

All eligible employees who have twenty (20) years of consecutive uninterrupted service on or before July 1, 1989, shall receive an additional twenty percent (20%) per month of their base salary effective July 1, 1989, and every year thereafter.

Employees upon reaching their 20th anniversary date after July 1, 1989, shall be entitled to said twenty percent (20%) per month upon said anniversary date. e. Compensation Not Cumulative.

Payment of the aforesaid longevity compensation shall not be cumulative and only the highest applicable longevity pay shall be paid.

B. LONGEVITY PROGRAM FOR EMPLOYEES ON OR AFTER JULY 1, 1994 AND ON OR BEFORE DECEMBER 31, 2013.

The longevity program described in Section B herein will apply to all employees, except Department Heads and employees covered in a collective bargaining agreement, employed on or after July 1, 1994.

a. Five (5) Years of Service.

All eligible employees who are employed on or after July 1, 1994 and on or before December 31, 2013, who attain five (5)years of consecutive uninterrupted service shall receive an additional five percent (5%) per month of their base salary. Such employees upon reaching their 5th anniversary date shall be entitled to receive said five percent (5%)per month upon said anniversary date.

Further, such employees will not be entitled to receive any additional percentage increase to their base salary for further service. This subsection shall only apply to employees hired on or after July 1, 1994 and on or before December 31, 2013.

Section 20. BILINGUAL PAY
A program is hereby established for all employees whose regular and essential job duties as described in their job description provide for interaction with the public on a regular basis, allowing said employee to be compensated for bilingual skills after the employee demonstrates proficiency in speaking Spanish (the ability to read and write in Spanish may also be tested, if necessary), which proficiency would be determined by successful completion of a proficiency test as determined by the Director of Human Resources.

Those employees who successfully demonstrate this skill would be eligible to receive an additional Two Hundred Seventy-Five Dollars ($275) per month for bilingual pay.

Resolution No. 2022-28

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Section 21. UNIFORM ALLOWANCE
A. If an employee’s job classification requires him/her to wear a uniform while on duty, as designated by the City or employee’s Department, the City will provide and launder such uniform.

B. For the Administrative Secretary and Police Records Manager that works in the Police Department, the City will provide the initial set of uniforms to the employees.

The newly hired employee will receive: two (2) class A uniforms; two (2) class B uniforms; two (2) polo shirts and one (1) jacket or sweater. On all subsequent anniversary dates the City will provide an annual uniform purchase and maintenance allowance of $600.00. The employee’s uniforms shall meet the applicable regulations for his/her job classification pursuant to City/Departmental policies.

C. The monetary value of uniforms shall be reported to CalPERS in accordance with CCR 571(a) and as defined by GC 7522.04(f)
Section 22. STAND-BY POLICY
The purpose of the Stand-by Policy is to have employees on stand-by to respond to major incidents and emergencies during non-working hours which require immediate attention to availability of qualified individuals with expertise in operating, maintaining, restoring and repairing the City’s technology systems.

A. It is presently anticipated that the need for stand-by is for one (1) Information Technology staff, with the understanding that actual stand-by staffing, if any, remains at the discretion of the department head.

B. The Stand-by Policy does not apply to FLSA exempt managers and Executive staff.

C. Stand-by duty requires that an employee be accessible, available, and physically able to report to work. The employee must possess a City issued mobile phone device that remains available for immediate contact. The employee must be ready, willing, and able to respond to an emergency or incident or request for assistance based on a pre-arranged schedule. Employees on stand-by must respond to the mobile phone call immediately and be able to respond to the City within one (1) hour of being called upon. The department head or designee will determine if an employee is qualified to perform stand-by duties. The stand by duty period shall be defined by the Department Head.

D. Employees on “stand–by” shall receive two (2) hours of regular straight time compensation for each date that the employee is assigned to be on stand-by.

Stand-by time is not counted as hours worked for purposes of overtime calculation Resolution No. 2022-28

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as employees are not restricted in their activities and may engage in non-work related personal activities. On City-recognized Holidays where City Hall is closed, employees on stand-by will be compensated four (4) hours of straight time compensation.

E. An employee assigned to stand-by who is not available to report will be subject to appropriate disciplinary action, unless the employee provides sufficient notice to their immediate supervisor of their incapacity to respond prior to the call back so that appropriate arrangements can be made for stand-by coverage.

F. When an employee on “stand-by” is called back to the City, he/she shall be entitled to “stand-by” pay. Call back duty does not occur when an employee is held over from his/her prior shift, or is working planned overtime. An employee called back to duty shall be paid a minimum of four (4) hours of pay at the applicable overtime rate. Time begins when the call back request is received and ends when the employee returns home. If work is performed remotely, the employee shall receive hour for hour compensation at the applicable overtime rate.

G. The employee will at times remain able to immediately respond to any emergencies.

H. Each employee on stand-by duty is accountable to all of the rules and regulations of the City.

I. In the event of a call back, the employee will wear his/her City uniform, if applicable.

Section 23. PER DIEM:

Per Diem is intended as a reimbursement to temporary/interim employees recruited from outside the Los Angeles County area when working in a temporary or interim assignment due to a critical staffing shortage to cover expenses relating to lodging/housing, travel, meals, and incidentals. The rate is set at $125.00 for each day the employee physically reports to work at the City of Vernon. The eligibility to receive this per diem must be preapproved and is at the discretion of the City Administrator.

Section 24. COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS

EXECUTIVE, MANGEMENT, MID-MANAGEMENT, CONFIDENTIAL, UNCLASSIFIED, AND ELECTED OFFICIALS:

EXECUTIVE
There shall be no Cost of Living Salary Adjustments (COLA) for classifications designated as Executive for the fiscal year July 1, 2022 through June 30, 2023.

Effective the first full pay period in July, 2023, the salary ranges for classifications designated as Executive shall be increased by 2.5%
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Effective the first full pay period in July, 2024, the salary ranges for classifications designated as Executive shall be increased by 2.5%.

MANAGEMENT & MID-MANAGEMENT
Effective in July, 2022, employees who occupy classifications designated as Management and Mid-Management shall receive a one-time lump sum Off Salary Schedule payment equivalent to 3% of their annual base salary. This one-time Off Salary Schedule Payment is given in lieu of any Cost of Living Adjustment or general salary increase.

Effective the first full pay period in July, 2023, the salary ranges for classifications designated as Management and Mid-Management shall be increased by 3%.

Effective the first full pay period in July, 2024, the salary ranges for classifications designated as Management and Mid-Management shall be increased by 3%.

CONFIDENTIAL, UNCLASSIFIED, AND ELECTED OFFICIALS
Effective the first full pay period in July, 2022, the salary ranges for classifications designated as Confidential, Unclassified, and Elected Officials shall be increased by 3%.

Effective the first full pay period in July, 2023, the salary ranges for classifications designated as Confidential, Unclassified, and Elected Officials shall be increased by 3%.

Effective the first full pay period in July, 2024, the salary ranges for the classifications designated as Confidential, Unclassified, and Elected Officials shall be increased by 3%.

Resolution No. 2022-28

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City of Vernon

CITYWIDE FRINGE BENEFITS
POLICY
Adopted June 1, 2021July 19, 2022
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TABLE OF CONTENTS

CITYWIDE FRINGE BENEFITS POLICY

Introduction: ........................................................................................................ 3 Section 1: Holiday ............................................................................................. 3 Section 2: Administrative Leave Time .............................................................. 4 Section 3: Overtime .......................................................................................... 5 Section 4: Compensatory Time ....................................................................... 7 Section 5: Court Time ...................................................................................... 7 Section 6: Vacation .......................................................................................... 8 Section 7: Sick Leave ...................................................................................... 9 Section 8: Family Sick Leave (Kin Care) ........................................................ 12 Section 9: Bereavement Leave ....................................................................... 12 Section 10: Jury Duty ....................................................................................... 13 Section 11: Automobile Allowance and Reimbursement for Expenses ............. 14 Section 12: Health Insurance ............................................................................ 15 Section 13: Dental Insurance ............................................................................ 16 Section 14: Vision Insurance ............................................................................. 16 Section 15: Life Insurance ................................................................................. 16 Section 16: Deferred Compensation Plan ......................................................... 16 Section 17: CalPERS Retirement Plan .............................................................. 17 Section 18: Retiree Medical Insurance .............................................................. 19 Section 19: Longevity Program ......................................................................... 22 Section 20: Bilingual Pay ................................................................................... 22 Section 21: Uniform Allowance .......................................................................... 22 Section 22: Stand-by Policy ............................................................................... 23 Section 23: Per Diem ........................................................................................ 24 Section 24: Compensation for Classifications Designated as Executive, Management, Mid-Management, Confidential, Unclassified and Elected Officials ............................................................................. 24

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The provisions set forth in this Policy or as amended from time to time shall be effective upon City Council adoption, unless a specific effective date is stated therein.

FRINGE BENEFITS
Section 1. HOLIDAYS
A. Authorized holidays are as set forth in Table 1, attached hereto and incorporated herein by reference. Municipal offices shall be closed on such holidays.

B. The dates for observation of holidays shall be approved by the City Council.

E. Temporary and part-time employees are not eligible for paid holidays.

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B. The 80 hours may not be carried over into the succeeding calendar year and is lost and not eligible for cash payout if not used by December 31 of each calendar year.

HOLIDAY
January 1st - New Year’s Day
3rd Monday in January - Martin Luther King Jr. Day
3rd Monday in February - Presidents Day
March 31st - Cesar Chavez Day
Last Monday in May – Memorial Day
July 4th – Independence Day
1st Monday in September – Labor Day
2nd Monday in October – Columbus Day Indigenous
Peoples’ Day
November 11th – Veterans Day
4th Thursday in November - Thanksgiving Day
December 24th – Christmas Eve
December 25th – Christmas Day
December 31st – New Year’s Eve
And other days as such designated by City Council.

Hired, Promoted, or Reclassified on
or Between
Administrative Leave
January 1 – March 31 80 hours
April 1 – June 30 60 hours
July 1 – Sept. 30 40 hours
Oct 1 – Dec. 31 20 hours
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E. The 60 hours may not be carried over into the succeeding calendar year and is lost and not eligible for cash payout if not used by December 31 of each calendar year.

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C. All overtime requests must have prior written authorization of the respective department head or designee prior to the commencement of such overtime work.

I. Straight time and overtime will be compensated in six (6) minute segments of time.

J. While overtime should be attempted to be distributed equally amongst all employees in a given classification, the department head retains discretion to assign such overtime.

L. Please refer to Human Resources Policy, Salary Plan Administration II-3.

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D. Employees who have reached the 80-hour limit shall receive overtime compensation. There are no cash payouts of compensatory time once an employee has elected compensatory accrual.

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Mid-Management and Confidential Staff:

Continuous Years of Service Vacation Hours Earned Bi-Weekly Accrual

B.C. Mid-Management and Confidential staff shall be allowed to accumulate and carry over to the next calendar year a maximum number of hours equal to the number of hours the employee accrued during the immediately preceding year. In or about February of each year, employees shall be compensated for unused accrued vacation benefit in excess of the allowed accumulated amount referenced herein.

C.D. Executive and Management staff shall be allowed to accumulate up to a maximum accrual cap of 480 hours. Upon reaching the 480-hour maximum accrual cap, the employee shall stop accruing vacation leave benefit until such time he/she brings the vacation accrual below the 480-hour maximum accrual.

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D.E. Vacation leave shall be scheduled with the approval of the City Administrator or department head or his or her designee by submitting a Leave Request Form in writing, within ten (10) business days before the beginning of the vacation.

Vacation leave requests for extended times (3 weeks or more), unless an unforeseen emergency exists, shall be submitted at least thirty (30) days in advance of the beginning of the vacation.

E.F. Vacations shall be approved subject to the needs of the department. The employee’s seniority and wishes will be factors that are considered during the scheduling process.

F.G. Vacation leave requests shall not be in excess of such leave actually earned at the time it is requested or in excess of the regular scheduled workweek.

G.H. No vacation leave shall be accumulated by employees while they are on an unpaid leave of absence.

H.I. Vacation may be taken prior to the completion of the employee’s probationary period under special circumstances and with the approval of the department head.

I.J. In the event one or more City holidays fall within a vacation period, such holidays shall not be charged as vacation leave.

J.K. Upon separation from City employment, compensation shall be paid for vacation leave that has been earned but not taken.

K.L. Vacation leave shall be requested in fifteen (15) minute increments.

L.M. The department head retains discretion to cancel previously authorized vacation in the case of an emergency.

M.N. The City Administrator or his /her designee may grant additional leave upon commencement of employment in order to attract highly qualified and experienced executive and management level staff.

Section 7. SICK LEAVE
A. All full-time employees shall accrue up to 80 hours of sick leave per calendar year, at a rate of 3.08 of sick leave hours per pay period.

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C. Employees shall only receive sick leave accrual while they are in a paid status.

E. Any sick leave hours exceeding 960 hours (full-time) or 48 Hours (part-time will be compensated for in or about February of each year at 50% of the employee’s hourly rate.

F. Temporary employees are not eligible for cash-out of accrued sick leave hours.

G. All employees who are rehired with a break in service of less than one year are entitled to have previously unpaid accrued and unused paid sick days reinstated.

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L. Employees may use accrued compensatory or vacation leave for extended sick leave absence because of a prolonged and continuing illness and/or medical treatment after sick leave has been exhausted.

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All family sick leave shall be approved by the department head.

In any calendar year, employees may use the employee’s accrued and available sick leave entitlement, in an amount not more than the sick leave that would be accrued during six months at the employee’s then current rate of entitlement, for qualifying family illness as follows: Sick leave for family illnesses will be allowed only for the sickness of the spouse of, or the children of, or mother or father of, the employee living within the same household. In the case of joint custody of a child, illness of the child occurring at the other custodial parent’s house may also qualify. The department head shall approve all family sick leaves and a statement establishing the need for sick leave from a physician may be required as a condition of payment while on such leave.

Relative All Regular
Employees
Spouse 4 work days
Child 4 work days
Registered
Domestic Partner
4 work days
Step-Child 4 work days
Parent 4 work days
Step-Parent 4 work days
Mother-in-law 4 work days
Father-in-law 4 work days
Grandchild 4 work days
Step-Grandchild 4 work days
Grandparent 4 work days
Grandparent-in-law 4 work days
Brother 4 work days
Sister 4 work days
Step-Sister 4 work days
Step-Brother 4 work days
Daughter-in-law 4 work days
Son-in-law 4 work days
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Brother-in-law* 4 work days
Sister-in-law* 4 work days
*Brother-in-law and sister-in-law are defined as the spouse of the employee’s sibling or the sibling of the employee’s spouse.

B. Bereavement leave is paid over a maximum of seven (7) workdays and is paid in thirty-minute increments. The bereavement leave begins on the first regularly scheduled workday as requested by the employee. If the employee learns of the death while at work, he or she is entitled to leave work immediately; this partial day leave will not be counted towards the bereavement leave.

Employees assigned to jury duty on a City authorized holiday will be considered to have taken such a holiday and will receive regular holiday pay, but the employee Fringe Benefits Policy

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shall be entitled to the jury compensation for duty performed on such holiday.

Section 11: AUTOMOBILE ALLOWANCE AND REIMBURSEMENT FOR

EXPENSES
A. Any employee who is required to use said employee’s personal automobile in the course of employment with the City shall be reimbursed for each mile actually traveled on official business in accordance with the per mile reimbursement rate allowed by the Internal Revenue Service in effect at the time of such travel.

D. Employees who occupy the following classifications shall receive a monthly automobile allowance or be provided the use of a City Vehicle and Fuel as set forth below.

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Police Motor Officer #1 City Vehicle & Fuel
Police Motor Officer #2 City Vehicle & Fuel
Police Sergeant on Detective Duty City Vehicle & Fuel
E. Wherever an automobile allowance is made to any employee for the use of their personal automobile, such allowance shall not be payable whenever the employee is on vacation, leave of absence, or otherwise absent the entire calendar month, unless otherwise specified by the City Administrator.

Section 12: HEALTH INSURANCE
A. A. The City offers various medical plans to employees under a Section 125 Cafeteria plan (non-cash out). The City reserves the right to select, administer, or fund any fringe benefit program involving insurance that now exist or may exist in the future. The City will adhere to the cafeteria plan requirements in accordance with IRS Section 125 regulations.

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c. Employees who elect the PPO/HSA coverage shall receive an equal benefit to that described above, less $3,000 on an annual basis, which would instead be deposited to their HSA account.

D. The City shall not provide or reimburse the City Council members or their dependents or spouses for expenses incurred relating to a PERS long-term health care benefit.

Section 16. DEFERRED COMPENSATION PLAN
Employees are eligible to participate in the City’s Deferred Compensation Program.

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Section 17. CALIFORNIA PUBLIC EMPLOYEE RETIREMENT SYSTEM (CALPERS)

B. Employees shall be responsible for paying 100% of their PERS employee’s contributions.

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B. Employees shall be responsible for paying their PERS nine percent (9%) employee’s contributions.

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Vernon City CouncilJuly 19, 2022

Vernon City Council
July 19, 2022