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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF VERNON )
I do hereby certify that the attached is a true copy of Resolution No. 2025-024 that was passed and adopted at the Regular Meeting held on September 2, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________
GENOVEVA ROCHA, City Clerk
Resolution No. 2025-024
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
AND
TEAMSTERS LOCAL 986
July 1, 2025 through June 30, 2028
Exhibit A
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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 ............................................................................................ 8 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 ................................................................................. 14 ARTICLE FOUR: COMPENSATION
Section 1: Salaries .......................................................................................................... 15 Section 2: Acting Pay ..................................................................................................... 15 Section 3: Bilingual Pay ................................................................................................. 15 Section 4: Certification Pay ............................................................................................ 16 Section 5: Longevity Pay ................................................................................................ 19 Resolution No. 2025-024
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Section 6: Merit Steps ................................................................................................... 20 Section 7: Premium Pay .............................................................................................. . 20 Section 8: Training and Recertification Time ................................................................ 21 Section 9: Shift Differential ……………………………………………………………21 ARTICLE FIVE: OVERTIME
Section 1: Overtime Authorization ................................................................................. 22 Section 2: F.L.S.A. Overtime ......................................................................................... 22 Section 3: Compensatory Time ..................................................................................... . 22 Section 4: Call Backs ................................................................................................... . 23 Section 5: Holdover Pay ................................................................................................. 23 ARTICLE SIX: UNIFORMS & SAFETY FOOTWARE ALLOWANCE
Section 1: Uniforms & Safety Footwear Allowance..................................................... . 24 ARTICLE SEVEN: HEALTH AND WELFARE BENEFITS
Section 1: Medical .......................................................................................................... 25 Section 2: Cafeteria Plan ................................................................................................. 25 Section 3: Dental ......................................................................................................... .. 26 Section 4: Vision ............................................................................................................ 26 Section 5: Life Insurance ................................................................................................ 26 Section 6: Deferred Compensation ................................................................................. 26 Section 7: Other City Employee Programs ................................................................... . 26 ARTICLE EIGHT: RETIREMENT
Section 1: P.E.R.S. ........................................................................................................ 28 Section 2: Supplemental P.E.R.S. Retirement Benefits .................................................. 28 Section 3: Retiree Medical .............................................................................................. 29 Resolution No. 2025-024
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ARTICLE NINE: HOLIDAYS
Section 1: Holidays ....................................................................................................... . 31 Section 2: In-Lieu Holidays ............................................................................................ 32 ARTICLE TEN: VACATION
Section 1: Vacation Leave. .............................................................................................. 33 Section 2: Vacation Accumulation .................................................................................... 33 Section 3: Scheduling of Vacation ..................................................................................... 34 ARTICLE ELEVEN: SICK LEAVE
Section 1: Sick Leave. ....................................................................................................... 35 Section 2: Family Sick Leave (Kin Care) ......................................................................... 35 ARTICLE TWELVE: LEAVE BENEFITS
Section 1: Jury Duty ......................................................................................................... 36 Section 2: Bereavement Leave ........................................................................................... 36 ARTICLE THIRTEEN: WORK SCHEDULE AND WORKING CONDITIONS
Section 1: Provisions ......................................................................................................... 38 Section 2: 4/10 Work Schedule .......................................................................................... 38 Section 3: Work Schedule .................................................................................................. 38 Section 4: Standby Policy .................................................................................................. 38 ARTICLE FOURTEEN: GRIEVANCE PROCEDURE
Grievance Procedure ................................................................................................................. 41 ARTICLE FIFTEEN: DISCIPLINE PROCEDURE
Discipline Procedure ................................................................................................................. 44 ARTICLE SIXTEEN: JOINT LABOR MANAGEMENT COMMITTEE
Joint Labor Management Committee ........................................................................................ 48 Resolution No. 2025-024
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SIGNATURE PAGE
Signatures ............................................................................................................................ ….49 Resolution No. 2025-024
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
AND
TEAMSTERS LOCAL 986 (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 986, 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 986 (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.
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ARTICLE ONE
FUNDAMENTALS
Section 1: Recognition
The City recognizes the California Teamsters, Public, Professional, and Medical Employees Union, Local 986 (“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 concern.
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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.
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C. Shop Stewards
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 986 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 986 during City Hall hours.
Section 7: Management Rights
The City retains all of its exclusive rights and authority under Federal and State Law and the City Resolution No. 2025-024
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Code, and expressly and exclusively retains its management rights, which include, but are not limited to:
A. The exclusive right to determine the mission of its constituent departments, commissions, and boards;
B. Set standards and levels of service;
C. Determine the procedures and standards of selection 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. 2025-024
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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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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, 2025, and shall remain in full force and effect up to and including midnight, the 30th day of June 2028 or until the next Memorandum of Understanding becomes effective. The “effective date” does not reflect the date upon which any change to pay or other form of compensation is to be implemented. “Implement” shall mean an actual payment of a new or additional pay element. (b) Upon adoption by the City Council of this Memorandum of Understanding, the City shall take necessary steps to implement the provisions of this MOU with all due expediency.
The City has agreed to limited retroactive pay consistent with the terms of this Memorandum of Understanding; the period of retroactive pay is from July 13, 2025, through the date of City Council adoption of this Memorandum of Understanding. (c) 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, 2028 and March 15, 2028.
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 Resolution No. 2025-024
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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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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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ARTICLE FOUR
COMPENSATION
Section 1: Salaries
A. Effective the first full pay period following July 1, 2025, each employee represented by the Union shall be placed within the proposed grade and step pay plan as a result of implementation of the Citywide classification and compensation plan, at the grade and step that is closest to but not less than the employee’s current base salary.
B. Effective first full pay period after July 1, 2026, eligible employees shall receive a 5% merit step increase in accordance with Section 6 (Merit Steps) herein and the City’s Performance Evaluation Policy. The 5% merit step increase shall not exceed the maximum salary or step of the pay grade.
C. Effective July 1, 2027, City and Union agree to a limited reopener to discuss a Cost-of-Living Adjustment (COLA) on base salary ranges for the third year of this MOU term. Effective July 1, 2027, employees shall receive a COLA based on the percentage change in the Consumer Price Index for All Urban Consumers (CPI-U), Los Angeles-Long BeachAnaheim region, as published by the U.S. Bureau of Labor Statistics, for the 12-month period ending in March 2027. Starting on April 5, 2027, the City and Union agree to meet and confer regarding a COLA amount equal to the percentage change in the applicable CPI-U, but which shall not be less than 2% of base salary pay, regardless of the actual CPI change. If not finalized by first full payment in July 2027, COLA will be retroactive to first full pay period in July 2027.
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 Resolution No. 2025-024
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receive an additional $300.00 per month for bilingual pay.
Section 4: Certification
An employee shall be eligible to receive certificate pay in the amount of 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 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
Community Services Officer or Non-Sworn
Police Personnel assigned to perform this duty
First Aid/CPR/AED Instructor Certificate
through POST
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 HVAC EPA Section 608 Type II Certification
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Facilities Maintenance Worker, Senior Class B Commercial Driver’s License Public Works Degree/Certificate
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 Resolution No. 2025-024
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Public Works Degree/Certificate
Street Maintenance Worker Class B Commercial Driver’s License Public Works Degree/Certificate
Street Maintenance Worker, Lead Class B Commercial Driver’s License Public Works Degree/Certificate
Water Maintenance Worker, Senior Class B Commercial Driver’s License California Water Distribution Operator Grade
3 Water Maintenance Worker, Senior Class B Commercial Driver’s License California Water Distribution Operator Grade
3 Water Maintenance Worker Class B Commercial Driver’s License California Water Distribution Operator Grade
2 Water Maintenance Worker Class B Commercial Driver’s License California Water Distribution Operator Grade
2 Water Maintenance Worker, Lead California Water Distribution Operator Grade 4 Water Maintenance Worker, Lead California Water Distribution Operator Grade 4 Fire Code Inspector/Fire Code Inspector,
Senior
ICC – Building Inspector
Fire Code Inspector/Fire Code Inspector,
Senior
ICC – Fire Plans ExaminerICC – Building
Inspector
ICC – Fire Plans Examiner
Police Dispatcher Advanced Public Safety Dispatcher
Police Dispatcher Intermediate POST Certificate Advanced Public Safety Dispatcher
Training Officer CertificateIntermediate
POST Certificate
Training Officer Certificate
Police Dispatcher, Lead Advanced Public Safety Dispatcher Police Dispatcher, Lead Intermediate POST Certificate Advanced Public Safety Dispatcher
Training Officer CertificateIntermediate
POST Certificate
Training Officer Certificate
Police Records Technician Professional Staff Training Officer through POST
Police Records Technician Professional Staff Training Officer through Resolution No. 2025-024
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POST
Police Records Technician, Lead Professional Staff Training Officer through POST
Police Records Technician, Lead Professional Staff Training Officer through POST
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.
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.
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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 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.
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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.
Section 9: Night Shift Differential
An employee who is regularly assigned to a 24/7 operation and works a night shift during which at least fifty percent (50%) of hours worked fall between 7:30 p.m. and 5:30 a.m. shall be eligible to receive night shift differential pay of 5% per hour for each hour worked during the assigned night shift. To qualify for this night shift differential, more than fifty percent (50%) of the employee’s scheduled work hours must occur within this time frame.
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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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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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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; one (1) pair of Shoes, per Lexipol Policy; 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.
The City will provide a safety footwear voucher of $300.00 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 $300
October 1 – December 31 $250
January 1 – March 31 $200
April 1 – June 30 $150
Employees receiving the footwear voucher 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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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. 2025-024
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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
• Employee Assistance Program (EAP)
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• Supplemental Life
• Long Term Disability
• Other supplemental insurance plans that may be available Resolution No. 2025-024
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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%).
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 Resolution No. 2025-024
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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 • 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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I. Eligible retired employees may opt not to enroll in the City’s medical and/or dental insurance coverage and instead receive a monthly reimbursement payment up to the equivalent of the then-current lowest cost City-offered Employee-only medical-HMO and/or dental HMO insurance premium as of the date of employee’s retirement. 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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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. June 19th - Juneteenth
7. July 4th – Independence Day
8. The first Monday in September – Labor Day
9. The second Monday in October – Indigenous Peoples’ Day
10. November 11th – Veterans Day
11. The 4th Thursday in November – Thanksgiving Day
12. December 24th – Christmas Eve
13. December 25th – Christmas Day
14. December 31st – New Year’s Eve
15. 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. If an authorized holiday falls on a Saturday, eligible employees shall be granted hours equivalent to one regular working day as a floating holiday. Each year effective July 1st, the City will determine the number of holidays that fall on a Saturday and will provide employees a bank of floating holiday hours to be used within that fiscal year. The timing of an employee’s use of floating holiday hours shall be subject to advance approval of their Department Head or designee. Floating holiday hours must be used prior to June 30 of the fiscal year in which the floating holiday was granted, and such hours cannot be cashed out or carried over into the next fiscal year. Holidays falling on a Friday 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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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.
F. Any employee, including those assigned to a 24/7 operation, who is not regularly scheduled to work on a designated holiday but is called in to perform work duties on that holiday shall be compensated at double (2x) their regular rate of pay for all hours worked during the holiday shift.
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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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. 2025-024
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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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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.
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, 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.
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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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*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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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 Maintenance Employee
2.- One (1) Facilities Maintenance Employee
3.- One (1) Environmental Health-Hazardous Materials Specialist I/II
4.- One (1) Street Maintenance Employee
5.- One (1) Police Dispatcher
The Call Back policy is not intended to be used in lieu of a demonstrated need for stand-by.
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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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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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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) consent of the aggrieved employee (e), Union representative and the designated management Resolution No. 2025-024
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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.
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).
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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.
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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:
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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.
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Appeal Procedures
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.
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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 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.
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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.
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SIGNATURE PAGE
CITY OF VERNON TEAMSTERS LOCAL 986
______________________________
Brian T. Saeki Michael Grijalva
City Administrator / “MERR” Business Representative
Alice Hui Jerry L. Alvarado
Director of Finance/City Treasurer Union Committee Member Joaquin Leon Joseph M. Alvarado
Deputy City Treasurer Union Committee Member
_______________________________
Veronica Avendano Cerissa M. Diaz
Human Resources Specialist Union Committee Member
________________________________ ______________________________ Lisette Michel Grizzelle Ana Lissette Melendez
Human Resources Program Manager Union Committee Member
_______________________________
Su Tan
Director of Human Resources
_
APPROVED AS TO FORM:
_______________________________
Zaynah N. Moussa, City Attorney
APPROVED AND ADOPTED BY CITY COUNCIL ON ____________________PER RESOLUTION NO._________________
ATTEST:
________________________________ Dated:_________________________ Genoveva Rocha, City Clerk
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INTERNATIONAL BROTHERHOOD OF TEAMSTERS
SEAN M. O'BRIEN
\:C r- re·" V•t:; :>r.·. • ;:J ·1r'-"l' ••· '
VIA EMAIL
Mr. Raymond Whitmer, Secretary-Treasurer
Teamsters Local Union No. 911
9900 Flower Street
Bellflower, CA 90706
Mr. Chris S. Griswold, Secretary-Treasurer
Teamsters Local Union No. 986
1430 East Holt Avenue
Covina, CA 91724
May 9, 2025
Re: Merger of Local Union No. 911, Bellflower, California into Local Union No. 986, Covina, California
Dear Sir and Brother:
FRED E. ZUCKERMAN
• • • l.. • I ' ' 1.
: .. .. • •· ...
·
•
·
1,1 1:
This is to advise that the General Executive Board voted to approve the merger of Local Union No. 911, Bellflower, California, into Local Union No. 986, Covina, California, on May 5, 2025.
Therefore, it will be necessary that you advise the International Union via facsimile transmission to (202) 624-8110 of the intended date of merger.
Upon receipt of that information, a letter outlining the procedures necessary to complete the merger will be forwarded.
Of course, if you have any questions regarding this matter or require additional assistance, please do not hesitate to contact this office.
Fraternally yours,
��
Fred Zuckerman
General Secretary-Treasurer
FZ:kek
cc: Teamsters Joint Council No. 42 Exhibit B
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
AND
TEAMSTERS LOCAL 98611
July 1, 2022 2025 through June 30, 20252028
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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 .......................................................................................................... 14 Section 2: Acting Pay ..................................................................................................... 14 Section 3: Bilingual Pay ................................................................................................. 14 Section 4: Certification Pay ............................................................................................ 14 Section 5: Longevity Pay ................................................................................................ 17 .
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Section 6: Merit Steps ................................................................................................... 18 Section 7: Premium Pay .............................................................................................. . 18 Section 8: Training and Recertification Time ................................................................ 19 Section 9: Shift Differential ……………………………………………………………20 ARTICLE FIVE: OVERTIME
Section 1: Overtime Authorization ............................................................................... 210 Section 2: F.L.S.A. Overtime ....................................................................................... 210 Section 3: Compensatory Time ................................................................................... . 210 Section 4: Call Backs ................................................................................................. . 221 Section 5: Holdover Pay ............................................................................................... 221 ARTICLE SIX: UNIFORMS & SAFETY FOOTWARE ALLOWANCE
Section 1: Uniforms & Safety Footwear Allowance .................................................. . 232 ARTICLE SEVEN: HEALTH AND WELFARE BENEFITS
Section 1: Medical ........................................................................................................ 243 Section 2: Cafeteria Plan ............................................................................................... 243 Section 3: Dental ....................................................................................................... .. 254 Section 4: Vision .......................................................................................................... 254 Section 5: Life Insurance .............................................................................................. 254 Section 6: Deferred Compensation ............................................................................... 254 Section 7: Other City Employee Programs ................................................................. . 254 ARTICLE EIGHT: RETIREMENT
Section 1: P.E.R.S. ...................................................................................................... 276 Section 2: Supplemental P.E.R.S. Retirement Benefits ................................................ 276 Section 3: Retiree Medical ............................................................................................ 287 .
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ARTICLE NINE: HOLIDAYS
Section 1: Holidays ................................................................................................... . 3029 Section 2: In-Lieu Holidays .......................................................................................... 310 ARTICLE TEN: VACATION
Section 1: Vacation Leave. ............................................................................................ 321 Section 2: Vacation Accumulation .................................................................................. 321 Section 3: Scheduling of Vacation ................................................................................... 332 ARTICLE ELEVEN: SICK LEAVE
Section 1: Sick Leave. ....................................................................................................... 343 Section 2: Family Sick Leave (Kin Care) ......................................................................... 343 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 .
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SIGNATURE PAGE
Signatures ............................................................................................................................ ….48 .
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
AND
TEAMSTERS LOCAL 91186 (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 98611, 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 98611 (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. .
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ARTICLE ONE
FUNDAMENTALS
Section 1: Recognition
The City recognizes the California Teamsters, Public, Professional, and Medical Employees Union, Local 98611 (“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 .
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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.
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C. Shop Stewards
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 98611 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 91186 during City Hall hours.
Section 7: Management Rights
The City retains all of its exclusive rights and authority under Federal and State Law and the City .
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Code, and expressly and exclusively retains its management rights, which include, but are not limited to:
A. The exclusive right to determine the mission of its constituent departments, commissions, and boards;
B. Set standards and levels of service;
C. Determine the procedures and standards of selection 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 .
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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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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, 20252, and shall remain in full force and effect up to and including midnight, the 30th day of June 20285 or until the next Memorandum of Understanding becomes effective. The “effective date” does not reflect the date upon which any change to pay or other form of compensation is to be implemented. “Implement” shall mean an actual payment of a new or additional pay element. (a)(b) Upon adoption by the City Council of this Memorandum of Understanding, the City shall take necessary steps to implement the provisions of this MOU with all due expediency.
The City has agreed to limited retroactive pay consistent with the terms of this Memorandum of Understanding; the period of retroactive pay is from July 13, 2025, through the date of City Council adoption of this Memorandum of Understanding. (b)(c) 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, 20285 and March 15, 20285.
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 .
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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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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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ARTICLE FOUR
COMPENSATION
Section 1: Salaries
A. Effective the first full pay period following July 1, 2025, each employee represented by the Union shall be placed within the proposed grade and step pay plan as a result of implementation of the Citywide classification and compensation plan, at the grade and step that is closest to but not less than the employee’s current base salary.
B. Effective first full pay period after July 1, 2026, eligible employees shall receive a 5% merit step increase in accordance with Section 6 (Merit Steps) herein and the City’s Performance Evaluation Policy. The 5% merit step increase shall not exceed the maximum salary or step of the pay grade.
C. Effective July 1, 2027, City and Union agree to a limited reopener to discuss a Cost-ofLiving Adjustment (COLA) on base salary ranges for the third year of this MOU term.
Effective July 1, 2027, employees shall receive a COLA based on the percentage change in the Consumer Price Index for All Urban Consumers (CPI-U), Los Angeles-Long Beach-Anaheim region, as published by the U.S. Bureau of Labor Statistics, for the 12- month period ending in March 2027. Starting on April 5, 2027, the City and Union agree to meet and confer regarding a COLA amount equal to the percentage change in the applicable CPI-U, but which shall not be less than 2% of base salary pay, regardless of the actual CPI change. If not finalized by first full payment in July 2027, COLA will be retroactive to first full pay period in July 2027.
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
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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 $275.00300.00 per month for bilingual pay.
Section 4: Certification
An employee shall be eligible, to receive certificate pay in the amount of 2.5 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 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
Community Services Officer or Non-Sworn
Police Personnel assigned to perform this duty
First Aid/CPR/AED Instructor Certificate
through POST
Professional Land Surveyor
Engineering Aid Certified Landscape Auditor (Water position only)
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Backflow Tester Certificate (Water position
only)
Facilities Maintenance Worker, Lead Class B Commercial Driver’s License Public Works Degree/CertificateHVAC EPA
Section 608 Type II Certification
Facilities Maintenance Worker, Senior Class B Commercial Driver’s License Public Works Degree/Certificate
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
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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)
Street Maintenance Worker Class B Commercial Driver’s License Pesticide Applicator Certification (Up to two
employees rotated annually) Public Works
Degree/Certificate
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 California Water Distribution Operator Grade
3 Water Maintenance Worker Class B Commercial Driver’s License California Water Distribution Operator Grade
2 Water Maintenance Worker, Lead California Water Distribution Operator Grade 4 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
Commented [LG1]: This classification is no longer active or funded, recommend to remove.
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Police Records Technician Professional Staff Training Officer through POST
Police Records Technician, Lead Professional Staff Training Officer through POST
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.
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.
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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.
Section 6: Merit Steps
A.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 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 .
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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.
Section 9: Night Shift Differential
An employee who is regularly assigned to a 24/7 operation and works a night shift during which at least fifty percent (50%) of hours worked fall between 7:30 p.m. and 5:30 a.m. shall be eligible to receive night shift differential pay of 5% per hour for each hour worked during the assigned night shift. To qualify for this night shift differential, more than fifty percent (50%) of the employee’s scheduled work hours must occur within this time frame. .
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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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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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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; one (1) pair of Shoes, per Lexipol Policy; 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 voucher of $200.00300.00 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 $200300
October 1 – December 31 $150250
January 1 – March 31 $100200
April 1 – June 30 $50150
Employees receiving the footwear allowance voucher 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 wellmaintained 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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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 .
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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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Employee Assistance Program (EAP)
Supplemental Life
Long Term Disability
Other supplemental insurance plans that may be available .
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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%).
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 Formatted: Justified, Space Before: 13 pt, Line spacing:
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Item 8 Page 189 of 1007
29 Teamsters
Formatted: Left, Tab stops: 3.23", Centered + 6.46", Right 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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Item 8 Page 190 of 1007
30 Teamsters
Formatted: Left, Tab stops: 3.23", Centered + 6.46", Right I. Eligible retired employees may opt not to enroll in the City’s medical and/or dental insurance coverage and instead receive a monthly reimbursement payment up to the equivalent to of the then-current lowest cost City-offered Employee-only medical-HMO and/or dental HMO insurance premium as of the date of employee’s retirement. 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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Formatted: Highlight
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Commented [LG2]: This is recommended clarification language.
When this language was incorporated in the MOU the intent was to provide a monthly reimbursement payment to retirees that opted out of the City’s health plan at the then current lowest cost City-offered Employee only medical and/or dental HMO insurance premium.
New employees have been hired since the implementation of this language and questions have come up. This is why I am
recommending to add further clarification language.
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Item 8 Page 191 of 1007
31 Teamsters
Formatted: Left, Tab stops: 3.23", Centered + 6.46", Right
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
5.6. June 19th - Juneteenth
6.7.July 4th – Independence Day
7.8.The first Monday in September – Labor Day
8.9.The second Monday in October – Columbus DayIndigenous Peoples’ Day
9.10. November 11th – Veterans Day
10.11. The 4th Thursday in November – Thanksgiving Day
11.12. December 24th – Christmas Eve
12.13. December 25th – Christmas Day
13.14. December 31st – New Year’s Eve
14.15. 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. If an authorized holiday falls on a Saturday, eligible employees shall be granted hours equivalent to one regular working day as a floating holiday. Each year effective July 1st, the City will determine the number of holidays that fall on a Saturday and will provide employees a bank of floating holiday hours to be used within that fiscal year. The timing of an employee’s use of floating holiday hours shall be subject to advance approval of their Department Head or designee. Floating holiday hours must be used prior to June 30 of the fiscal year in which the floating holiday was granted, and such hours cannot be cashed out or carried over into the next fiscal year. . 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).
Formatted: Superscript
Commented [LG3]: For uniform administration and to avoid confusion I am recommend the use of that start of the fiscal year July 1st to assign floating holidays and utilization by June 30th. .
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Item 8 Page 192 of 1007
32 Teamsters
Formatted: Left, Tab stops: 3.23", Centered + 6.46", Right 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.
E.F. Any employee, including those assigned to a 24/7 operation, who is not regularly scheduled to work on a designated holiday but is called in to perform work duties on that holiday shall be compensated at double (2x) their regular rate of pay for all hours worked during the holiday shift.
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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Item 8 Page 193 of 1007
33 Teamsters
Formatted: Left, Tab stops: 3.23", Centered + 6.46", Right
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) .
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Item 8 Page 194 of 1007
34 Teamsters
Formatted: Left, Tab stops: 3.23", Centered + 6.46", Right 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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Item 8 Page 195 of 1007
35 Teamsters
Formatted: Left, Tab stops: 3.23", Centered + 6.46", Right
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.
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, 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.
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Item 8 Page 196 of 1007
36 Teamsters
Formatted: Left, Tab stops: 3.23", Centered + 6.46", Right
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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Item 8 Page 197 of 1007
37 Teamsters
Formatted: Left, Tab stops: 3.23", Centered + 6.46", Right *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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Item 8 Page 198 of 1007
38 Teamsters
Formatted: Left, Tab stops: 3.23", Centered + 6.46", Right
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 Maintenance Employee
2.- One (1) Building Facilities Maintenance Employee
3.- One (1) Environmental Specialist Environmental Health-Hazardous Materials Specialist I/II
4.- One (1) Street Facilities Maintenance Employee
5.- One (1) Police Dispatcher
Commented [LG4]: Suggest clean up language to reflect current or correct classification titles
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Item 8 Page 199 of 1007
39 Teamsters
Formatted: Left, Tab stops: 3.23", Centered + 6.46", Right 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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Item 8 Page 200 of 1007
40 Teamsters
Formatted: Left, Tab stops: 3.23", Centered + 6.46", Right 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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Item 8 Page 201 of 1007
41 Teamsters
Formatted: Left, Tab stops: 3.23", Centered + 6.46", Right
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) consent of the aggrieved employee (e), Union representative and the designated management Formatted: Justified
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Item 8 Page 202 of 1007
42 Teamsters
Formatted: Left, Tab stops: 3.23", Centered + 6.46", Right 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.
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).
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Item 8 Page 203 of 1007
43 Teamsters
Formatted: Left, Tab stops: 3.23", Centered + 6.46", Right 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.
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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:
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Formatted: Left, Tab stops: 3.23", Centered + 6.46", Right 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.
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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. .
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Formatted: Left, Tab stops: 3.23", Centered + 6.46", Right 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 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.
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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.
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SIGNATURE PAGE
CITY OF VERNON TEAMSTERS LOCAL 91186
______________________________
Carlos R. Fandino JrBrian T. Saeki. Carlos Rubio
City Administrator / “MERR” VP / Senior Business Representative Union Committee Member
Scott Williams Alice Hui Michael Grijalva
Director of Finance/City Treasurer Union Committee Member Business Representative
Ashley Reveles Joaquin Leon Jerry L. Alvarado
Human Resources AnalystDeputy City Treasurer Union Committee Member _______________________________
Michael Earl Veronica Avendano Joseph M. Alvarado
Director of Human Resources Specialist Union Committee Member _______________________________ ______________________________ Lisette Michel Grizzelle Cerissa M. Diaz
Human Resources Program Manager Union Committee Member
_______________________________ _____________________________ Su Tan James MooreAna Lissette Melendez
Director of Human Resources Union Committee Member
_____________________________
Efren Peregrina
Union Committee Member
APPROVED AS TO FORM:
_______________________________
Zaynah N. Moussa, City Attorney
APPROVED AND ADOPTED BY CITY COUNCIL ON ____________________PER RESOLUTION NO._________________
ATTEST:
________________________________ Dated:_________________________ Lisa PopeGenoveva Rocha, City Clerk
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RESOLUTION NO. 2025-025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON
APPROVING THE MEMORANDUM OF UNDERSTANDING BY AND
BETWEEN THE CITY OF VERNON AND THE VERNON POLICE
MANAGEMENT ASSOCIATION FOR THE PERIOD OF JULY 1, 2025
THROUGH JUNE 30, 2028
SECTION 1. Recitals.
A. The Vernon Police Management Association (VPMA) has been recognized as an employee organization pursuant to Resolution No. 4027.
B. On August 16, 2022, the City Council of the City of Vernon adopted Resolution No. 2022-32 approving a Memorandum of Understanding by and between the City and the VPMA for the period of July 1, 2022 through June 30, 2025.
C. The City and the VPMA have concluded labor negotiations regarding wages, benefits and working conditions for the period of July 1, 2025 through June 30, 2028.
D. Representative members of the VPMA and the City have agreed to execute a Memorandum of Understanding (MOU) setting forth certain terms and conditions for employment of City of Vernon employees in classifications represented by the VPMA, for the period of July 1, 2025 through June 30, 2028 (2025-2028 MOU).
E. The City Council desires to approve the 2025-2028 MOU.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS:
SECTION 2. The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct.
SECTION 3. The City Council of the City of Vernon hereby approves the Memorandum of Understanding between the City of Vernon and the Vernon Police Management Association, in substantially the same form attached hereto as Exhibit A.
SECTION 4. The City Council of the City of Vernon hereby instructs the City Administrator, or his designee, to take whatever action is deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized, including but not limited to, any nonsubstantive changes to the 2025-2028 MOU attached herein.
SECTION 5. The City Council of the City of Vernon hereby directs the City Clerk, or the City Clerk’s designee, to send a fully executed 2025-2028 MOU to Nicholas Perez, .
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Resolution No. 2025-025
President of the Vernon Police Management Association.
SECTION 6. The City Clerk, or Deputy City Clerk, shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.
APPROVED AND ADOPTED September 2, 2025.
________________________
LETICIA LOPEZ, Mayor
ATTEST:
GENOVEVA ROCHA, City Clerk
APPROVED AS TO FORM:
ZAYNAH N. MOUSSA, City Attorney
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Resolution No. 2025-025
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF VERNON )
I do hereby certify that the attached is a true copy of Resolution No. 2025-025 that was passed and adopted at the Regular Meeting held on September 2, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________
GENOVEVA ROCHA, City Clerk
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
AND
VERNON POLICE MANAGEMENT ASSOCIATION
July 1, 2025 through June 30, 2028
Exhibit A
Resolution No. 2025-025
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TABLE OF CONTENTS
MEMORANDUM OF UNDERSTANDING
Parties to the Memorandum of Understanding ....…………………………………..…….. 4 ARTICLE ONE: FUNDAMENTALS
Section 1: Recognition ……………………………………………………………….. 5
Section 2: No Discrimination ………………………………………………………… 5
Section 3: Mutual Cooperation ……………………………………………………….. 5 Section 4: No Strikes or Lockouts ……………………………………………………. 5 Section 5: City/VPMA Meetings …………………………………………………...... 5 Section 6: Association Business ……………………………………………………… 5 ARTICLE TWO: LEGAL LIMITATIONS, SAVINGS CLAUSE& TERM
Section 1: Legal Limitations and Savings Clause ……………………………………. 6 Section 2: Term ………………………………………………………………………. 6
Section 3: Maintenance of Existing Conditions………………………………………. 6 Section 4: Modification and Waiver………………………………………………….. 7 Section 5: Severability………………………………………………………………… 7
ARTICLE THREE: SALARIES
Section 1: Lieutenants …….………………………………………………………........ 8 Section 2: Captains .…………………………….………………………………………8
Section 3: Merit Steps …………………………………………………………………..9
Section 4: Salary Adjustment Increase ………………………………..………………. 9 Section 5: Bilingual Pay ………………………………………………………………. 9
Section 6: “P.O.S.T.” Certificate Incentive …………..……….………………..…….. 9 Section 7: Shooting Pay ………………………………………………………………. 10
Resolution No. 2025-025
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ARTICLE FOUR: LONGEVITY
Section 1: Employees Hired Before July 1, 1995 ……………………………………. 11 Section 2: Employees Hired On or After July 1, 1995 ………………………………. 11 Section 3: Employees Hired On or After July 1, 1995 and On or Before December 31, 1998 …………………………………………………………12
ARTICLE FIVE: OVERTIME
Section 1: Overtime Authorization …………………………………………………… 13 Section 2: FLSA Overtime …………………………………………………………… 13
Section 3: Compensatory Time ……………………………………………………….. 13 Section 4: Leave Time Inclusions …………………………………………………….. 13 Section 5: Training and Recertification Time ………………………………………… 14 Section 6: Court Attendance and “Stand By” Time …………………………………. 14 Section 7: Call Backs ………………………………………………………………… 15
Section 8: Jury Duty …………………………………………………………………. 15
Section 9: Non-Compensable ………………………………………………………… 16
ARTICLE SIX: UNIFORMS, ALLOWANCE AND SAFETY EQUIPMENT
Section 1: Uniform Allowance ……………………………………………………….. 17 Section 2: Summer Uniforms …………………………………………………………. 17
Section 3: Safety Equipment ………………………………………………………….. 17 ARTICLE SEVEN: BENEFITS
Section 1: Public Employees Retirement System (“PERS”)………………………… 18 Section 2: Supplemental PERS Retirement Benefits …………………….…………... 19 Section 3: Medical, Dental, Vision and Life Insurance ………………………………. 19 Section 4: Retiree’s Medical …………………………………………………………. 20 Section 5: Vacation Time …………………………………………………………….. 22
Section 6: “In Lieu” Holiday Time …………………………………………………… 23 Resolution No. 2025-025
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Section 7: Sick Leave …………………………………………………………………. 24
Section 8: Bereavement Leave ……………………………………………………….. 25 Section 9: Administrative Leave…………………………………………………….. 25 Section 10: Deferred Compensation ………………………………………………… 25 Section 11: Other City Employee Programs …………………………………………… 25 ARTICLE EIGHT: WORK SCHEDULE AND ABSENCES
Section 1: Provisions …………………………………………………………………. 26
Section 2: Work Schedule 3/12 Plan …………………………………………………. 26 Section 3: Shift and Code Seven Policy …………………………………………… 26 Section 4: Shift Trades ……………………………………………………………….. 26
ARTICLE NINE: GRIEVANCE PROCEDURE
Grievance Procedure ……………………………………………………………….. 28
ARTICLE TEN: DISCIPLINE PROCEDURE
Discipline Procedure ………..……………………………………………………… 30
ARTICLE ELEVEN: MANAGEMENT RIGHTS
Section 1: Exclusive Rights and Authority………………………………………… 34 Section 2: Grievance on Impacts……………………………………………………….35
SIGNATURE PAGE
Signatures …………………………………………………………………………………. 36
Resolution No. 2025-025
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
AND
VERNON POLICE MANAGEMENT ASSOCIATION
Parties to the Memorandum of Understanding
Pursuant to Chapter 10 (section 3500 et seq) of Division 4, Title 1 of the Government Code and Resolution No. 4027, the Resolution for the administration of Employer-employee relations, the matters within the scope of representation that are set forth in this Memorandum of Understanding (MOU) have been discussed by and between representatives of the City of Vernon and the representatives of the Vernon Police Management Association (hereinafter “VPMA”) and except as otherwise specifically provided herein shall apply only to those defined in the aforesaid Resolution as Police Lieutenants and Police Captains.
This MOU constitutes a joint agreement by the Municipal Employee Relations Representative (“MERR”) and the VPMA, to be submitted to the City Council of Vernon for its determination and approval by one or more Resolutions or Ordinances as the City Council may deem fit and proper.
The MERR and the Representative of the VPMA have agreed that they will jointly urge the City Council of Vernon to adopt one or more Resolutions or Ordinances reflecting the changes in wages, hours, and other conditions of employment agreed upon in this MOU.
If approved, the terms agreed upon by this MOU shall take effect on July 1, 2025, and shall expire at midnight on June 30, 2028 or until the next Memorandum of Understanding becomes effective.
IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN STATED, the VPMA and the City of Vernon agree as follows:
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ARTICLE ONE
FUNDAMENTALS
Section 1: Recognition
The City of Vernon recognizes the Vernon Police Management Association (“VPMA”) as the certified majority representative of management, comprised of Police Lieutenants and Police Captains, as the exclusive representative of the employees for purposes of collective bargaining for all terms and conditions within this Memorandum of Understanding.
Section 2: No Discrimination
The provisions of this Memorandum of Understanding shall be applied equally to all employees covered hereby. Neither the City nor the VPMA shall discriminate against any individual, applicant, or employee with respect to 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 non-membership in the VPMA.
Section 3: Mutual Cooperation
The parties recognize the necessity of cooperating on matters of mutual concern and interest and agree to work together to maximize the effectiveness of the Police Department and the City and to accomplish legislative and funding goals in their mutual interest.
Section 4: No Strikes or Lockouts
During the life of this agreement no work stoppages, strikes, slowdowns, or picketing shall be caused or sanctioned by the VPMA, and no lockouts shall be made by the City.
Section 5: City/VPMA Meetings
Representatives from the VPMA and the City shall meet as needed to discuss issues of mutual concern.
Section 6: Association Business
The City shall grant release time of 100 hours per fiscal year for the Association President or designee. In no case will Association Leave Time be used for political action purposes or if it will cause overtime unless it is authorized in writing by the Police Chief or designee.
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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, 2025, and shall remain in full force and effect up to and including midnight, the 30th day of June 2028, or until the next Memorandum of Understanding becomes effective. The “effective date” does not reflect the date upon which any change to pay or other form of compensation is to be implemented. “Implement” shall mean an actual payment of a new or additional pay element. (b) Upon adoption by the City Council of this Memorandum of Understanding, the City shall take necessary steps to implement the provisions of this MOU with all due expediency.
The City has agreed to limited retroactive pay consistent with the terms of this Memorandum of Understanding; the period of retroactive pay to first full pay period after July 1, 2025, through the date of City Council adoption of this Memorandum of Understanding.
(c) This Memorandum of Understanding shall be binding on the City and the Association when approved and adopted by the City Council.
Except as otherwise provided in Article III, Section 1, herein, the City and the Association agree to submit proposals for any changes related to wages, benefits and/or other terms of and conditions of employment affecting this Memorandum of Understanding between February 1, 2028 and March 1, 2028.
Section 3: Maintenance of Existing Conditions
Any employment policy, practices and/or benefits, including the alternative workweek schedule Resolution No. 2025-025
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and overtime compensation are incorporated into this Memorandum of Understanding, unless otherwise stated herein. In the event of a conflict between the Memorandum of Understanding and an existing policy and/or practice, this Memorandum of Understanding shall govern.
Section 4: Modification and Waiver
The City reserves the right to add to, delete from, amend, or modify the Administrative rules, the City Municipal Code, and the City’s Personnel Policies and Procedures Manual during the term of the Memorandum of Understanding, subject to the requirements of the Meyers-Milias-Brown Act and the Police Officers Bill of Rights.
Section 5: Severability
In the event that a court finds any provision(s) of this Memorandum of Understanding to be invalid or unenforceable, the parties intend that the remaining provisions remain in effect. The parties further agree to meet and confer for purposes of negotiating an alternative to any provision declared invalid or unenforceable.
Resolution No. 2025-025
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ARTICLE THREE
SALARIES
(a) Effective the first full pay period in July 2025, the salary ranges for the classifications of Police Lieutenant and Police Captain shall be as follows in an effort to maintain the City’s salary plan administration and policy goals:
Police Lieutenant: Salary Grade No. 42
Police Captain Salary Grade No. 45
Section 1: Lieutenant
Police Lieutenant Monthly Salary Range PM 42
Step Effective 7/13/2025
1 $ 17,253
2 $ 18,116
3 $ 19,022
4 $ 19,973
5 $ 20,972
Section 2: Captain
Police Captain Monthly Salary Range PM 45
Step Effective 7/13/2025
1 $ 19,973
2 $ 20,972
3 $ 22,020
4 $ 23,121
5 $ 24,277
(a) Effective the first full pay period after July 1, 2026, eligible employees shall receive a 5% merit step increase in accordance with Section 3 (Merit Steps) herein and the City’s Performance Evaluation Policy. The 5% merit step increase shall not exceed the maximum salary or step of the pay grade.
(b) The City and Association agree to a limited reopener to discuss a Cost-of-Living Adjustment (COLA) on base salary ranges for the third year of this MOU term. Effective Resolution No. 2025-025
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the first full pay period after July 1, 2027, eligible employees shall receive a COLA based on the percentage change in the Consumer Price Index for All Urban Consumers (CPI-U), Los Angeles-Long Beach-Anaheim region, as published by the U.S. Bureau of Labor Statistics, for the 12-month period ending in March 2027. Starting on April 5, 2027, the City and Association agree to meet and confer regarding a COLA amount equal to the percentage change in the applicable CPI-U, but which shall not be less than 2% of base salary pay, regardless of the actual CPI change. If the COLA is not finalized by the first full pay period after July 1, 2027, the COLA will be retroactive to the first full pay period after July 1, 2027.
Section 3: Merit Steps
Effective the first full pay period in July of each year during the term of this agreement, employees who are not at the top step of their Classification Compensation Plan, and have attained one year of an overall “above average” or higher performance evaluation rating, as of their immediately preceding classification anniversary date, shall, in accordance with the City’s Performance Evaluation Policy, receive a merit step salary advance. Employees shall continue to receive their annual evaluations as scheduled in the City’s Performance Evaluation Policy. Future merit increases to any said step shall remain at the sole discretion of the City Council.
Section 4: Salary Adjustment Increase
In the event there is a salary inequity between ranks or between employees within the Department, the Chief of Police with the approval of the City Administrator may incorporate a service adjustment increase up to ten percent (10%) per month of their base salary.
Section 5: Bilingual Pay
A VPMA employee may be compensated for bilingual skills after the employee demonstrates proficiency in speaking a foreign language (the ability to read and write in a foreign language may also be tested, if necessary), which proficiency would be determined by successful completion of a foreign language proficiency test designated by the Human Resources Department. Those employees who successfully demonstrate this skill are eligible to receive an additional Three Hundred Dollars ($300.00) per month for bilingual pay and shall not be considered to be part of the employee’s base monthly salary when computing Peace Officers Standards and Training (P.O.S.T.) certificate incentives; however, it shall be considered as part of the base monthly salary for purposes of computing the last highest annual salary.
Section 6: Peace Officers Standards and Training (“P.O.S.T.”) Certificate Incentive VPMA employees shall be entitled to P.O.S.T. certificate pay as follows:
Effective the first full pay period in July of 2025 the POST Certificate pay shall be as follows:
Intermediate: 6% of the employee’s basic monthly salary, excluding all other compensation Resolution No. 2025-025
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Advanced: 12% of the employee’s basic monthly salary, excluding all other compensation Supervisory: 17% of the employee’s basic monthly salary, excluding all other compensation Payment of the above-referenced incentive compensation shall not be cumulative; only the highest applicable incentive pay level shall apply.
• Effective June 1, 2014, VPMA employees shall be entitled to 7.5% of the employee’s base monthly salary, excluding all other compensation, for a P.O.S.T. Management Certificate.
Incentive pay shall be payable the month following the month during which the certificate is granted.
P.O.S.T. certificate pay shall be considered as part of the base monthly salary for purposes of computing the highest annual salary.
Should employees represented by the Vernon Police Officers Benefit Association (VPOBA) receive across-the board enhancements to the existing P.O.S.T. Certificate Pay, a like increase will be provided to employees represented by the Police Officers Management Association.
Section 7: Marksmanship Pay
It is recognized by the City of Vernon and the VPMA that a peace officer must qualify in the firing range on a monthly basis in order to continue to be employed and to receive Marksmanship Pay.
Such qualifications shall occur on duty. Employees who shoot at the range other than the required qualifications dates will be considered to be on personal time. Such time is not counted as working time and is not compensable.
Officers who achieve the following qualifications shall receive compensation as follows:
Marksman $ 3.00 Per Month
Sharpshooter $ 5.00 Per Month
Expert $ 7.50 Per Month
Distinguished Expert $ 10.00 Per Month
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ARTICLE FOUR
LONGEVITY
Section 1: Employees Hired Before July 1, 1995
Effective August 31, 1986, the City established a four-step Longevity program for all employees.
Said Longevity program is as follows:
• All eligible employees who have five years of service on or before August 31, 1986, shall receive an additional five percent (5%) per month of their base salary effective August 31, 1986, and every year thereafter until reaching the next Longevity level. Employees upon reaching their 5th anniversary date after August 31, 1986, shall be entitled to said five percent (5%) per month upon said anniversary date.
• All eligible employees who have ten (10) years of service on or before July 1, 1987, shall receive an additional ten percent (10%) per month of their base salary effective July 1, 1987, and every year thereafter until reaching the next Longevity level. Employees upon reaching their 10th anniversary date after July 1, 1987, shall be entitled to said ten percent (10%) per month upon said anniversary date. Said ten percent (10%) is in place of the five percent (5%) referenced in paragraph 1 above and not cumulative therewith. • All eligible employees who have fifteen (15) years of service on or before July 1, 1988, shall receive an additional fifteen percent (15%) per month of their base salary effective July 1, 1988, and every year thereafter until reaching the next Longevity level. Employees upon reaching their 15th anniversary date after July 1, 1988, shall be entitled to said fifteen percent (15%) per month upon said date. Said fifteen percent (15%) is in place of each of the amounts referenced in paragraphs 1 and 2 above and not cumulative therewith. • All eligible employees who have twenty (20) years of service on or before July 1, 1989, shall receive an additional twenty percent (20%) per month of their base salary effective July 1, 1989, and every year thereafter. Employees upon reaching their 20th anniversary date after July 1, 1989, shall be entitled to said twenty percent (20%) per month upon said anniversary date. Said twenty percent (20%) is in place of each of the amounts referenced in paragraphs 1, 2 and 3 above and not cumulative therewith.
Section 2: Employees Hired on or after July 1, 1995, and on or before December 31, 2013 All employees in the VPMA who are hired on or after July 1, 1995, who attain five (5) years of consecutive uninterrupted employment shall receive an additional five percent (5%) per month of their base salary. Such employees shall be entitled to receive such five percent (5%) increase upon reaching their 5th anniversary date. Such employees will not be entitled to receive any additional Longevity percentage increase to their base salary for further service.
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Section 3: Employees Hired on or after July 1, 1995, and on or before December 31, 1998.
Notwithstanding Sections 1 and 2 above, effective July 6, 2008, the City established an additional 5% longevity program tier. Employees hired on or after July 1, 1995, and on or before December 31, 1998, shall be entitled to receive an additional 5% above base pay (for a total Longevity pay not to exceed 10%) for attaining ten years of service.
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ARTICLE FIVE
OVERTIME
Section 1: Overtime Authorization
All overtime requests must have prior written authorization of the Chief of Police prior to the commencement of such overtime work. Where prior written authorization is not feasible, explicit verbal authorization must be obtained. Where verbal authorization is obtained, written authorization must be obtained as soon thereafter as practicable.
Section 2: F.L.S.A. Overtime
Employees in the classification of Police Captain are exempt from overtime in accordance with the Fair Labor Standards Act (FLSA) executive exemption. Police Lieutenants required to perform in excess of the standard work period of 160 hours in a 28-day cycle shall receive compensation at the rate of time and one-half their regular rate of pay or time and one-half “compensatory time” for each hour worked. The regular rate of pay shall include those items of compensation required to be included under the FLSA.
Section 3: Compensatory Time
Police Lieutenants may not earn more than forty (40) hours of compensatory time during any FLSA 28-day cycle. At such time as an employee earns forty (40) hours of compensatory time within a given 28-day work cycle, any additional overtime in that cycle shall be paid to the employee at time and one-half of their regular rate of pay.
VPMA employees may not accumulate more than 240 hours of compensatory time. An employee must be paid at the rate of time-and one-half for any overtime worked beyond the 240-hour compensatory time “cap.”
Section 4: Leave Time Inclusions
In determining an employee’s eligibility for overtime compensation in a work period, paid leaves of absence will be included in the total number of hours worked. Paid leaves of absence include, but are not limited to, the following:
1. Vacation
2. Holiday Leave
3. Administrative Leave
4. Compensatory Leave
5. Workers’ Compensation Leave (4850 time)
6. Jury Duty
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7. Bereavement Leave
8. Military Leave
Section 5: Training and Recertification Time
Training time that is required is compensable.
Recertification time that is directly related to an employee’s job will be compensable if completed during assigned work hours.
Section 6: Court Attendance and “Stand By” Time
Court Appearances
VPMA employees shall be compensated for court appearances in the line of duty outside regular scheduled duty hours as follows:
A. Court appearances which extend beyond an employee’s normal shift assignment shall be compensated as paid overtime. For purposes of calculating F.L.S.A. overtime pursuant to this section of this MOU, only the actual time spent in court or traveling in a City vehicle to and from the Station shall be credited as hours worked. Travel time to and from one’s private residence shall not be considered hours worked and shall not be compensated in any manner whatsoever.
B. Notwithstanding the provisions of “A” above, VPMA employees required to attend court sessions outside their regular schedule duty work shift shall be compensated a minimum guarantee of four (4) hours at time and one-half (1.5).
C. If an employee is required to stay beyond four hours in court, the employee shall be compensated at time and one-half (1.5) at their regular hourly rate for all hours spent in their court duty assignment that day.
Stand By Time
If an employee receives a subpoena to be placed on standby, the effected employee shall be compensated for Stand By status as follows:
A. An employee who is placed on Stand By status for a half court day, which shall consist of either a morning session or afternoon session of court, shall be paid Sixty Dollars ($60.00).
B. An employee who is placed on Stand By status for a full court day, which shall consist of the morning session and the afternoon session of court, on the same day, shall be paid One Hundred Nineteen Dollars ($119.00). However, if said employee is required to appear in court, they shall receive court appearance compensation rather than Stand By compensation for their time in court.
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C. The parties agree that Stand By pay shall not count toward hours worked and that the provision complies with the F.L.S.A.
D. Alternatively, an employee (at the employee’s option and with the permission of the Chief of Police or designee) on court Stand By may report to the police station, in uniform, for assignment while awaiting court. Under these circumstances, an employee shall be compensated on an hour-for-hour basis (if on overtime, at time and a half) for time actually worked while on Stand By.
E. No additional payment other than that set forth in Section 6 of the MOU shall be made for Court Pay.
Should employees represented by the Vernon Police Officers Benefit Association (VPOBA) amend their MOU contract language regarding Court-Time Pay and Stand-by Pay, the City and the VPMA agree to amend the VPMA MOU to incorporate such changes.
Section 7: Call Backs
Call Back duty occurs when an employee is ordered to report to duty on a non-regularly scheduled work shift. Call Back does not occur when an employee is held over from their prior shift or is working prior to their regularly scheduled shift. This provision is also to be distinguished from Court pay, which is to be used when an employee is called to court.
An employee called back to duty shall be credited with a minimum of four hours’ work. Any hours worked in excess of four hours shall be credited on an hour-for-hour basis (at time and onehalf compensation) for actual time worked.
If the employee is ordered to return to work immediately, their work time shall be credited commencing immediately after the employee has been directly contacted by the employer.
Section 8: Jury Duty
I. Policy
A. Employees shall be granted up to two weeks (equivalent to eight (8) work days based on City Hall schedule Monday through Thursday) paid leave of absence in order to perform jury duty, provided that the employee provides notification to the City for such jury duty and provides proper verification of hours spent on jury duty.
VPMA employees will be required to return to work, if regularly scheduled to work, as soon as they are released from their jury duty.
B. In accordance with Section 215(b) of the Code of Civil Procedure, a juror who is employed by a local government entity who receives regular compensation and benefits while performing jury service, may not be paid Jury Duty Pay. An employee must return all Jury Duty Pay to the Court if paid by the Court.
Employees shall notify their Supervisor on the day they are released from jury duty.
C. VPMA employees shall retain any Jury Duty Mileage Pay.
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Section 9: Non-Compensable
A. City Vehicle Use–VPMA employees who are provided with a City vehicle to travel to and from work shall not be compensated in any manner whatsoever for travel time to and from work. This provision also applies in those situations where the radio must be left on and monitored unless answering a call for service.
B. Clothes/Uniform Changing Time–Time spent in changing clothes before or after shift, or during lunch, is not considered hours worked and is not compensable in any manner whatsoever.
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ARTICLE SIX
UNIFORMS, ALLOWANCE AND SAFETY EQUIPMENT
Section 1: Uniform Allowance
The City will pay each VPMA employee who is on the active payroll of the Vernon Police Department the sum of One Thousand Dollars ($1,000) per fiscal year for the purchase of uniforms and related equipment. Such payment shall occur within the month of August of each year.
Uniform allowance is special compensation that shall be deemed earned when paid and shall be reported to CalPERS as compensation earnable.
Section 2: Summer Uniforms
VPMA employees who are assigned to patrol will be allowed to utilize summer uniforms (blue shirt/blue shorts) on any day at the discretion of the Chief of Police. The Chief of Police shall establish authorization or notification procedures, as well as summer uniform requirements.
Section 3: Safety Equipment
The City shall, every three (3) years, pay one half of the cost of the member’s individual body armor if the member presents to the City a receipt for body armor that meets Departmental specifications. If the City provides individual body armor to an employee, and the employee accepts such body armor, then the three (3) year time period shall begin upon acceptance of the body armor by the employee.
VPMA employees who carry a private weapon which has been expressly approved by the Vernon Police Department and suffer the loss or damage of such weapon in the line of duty shall be compensated by the City of Vernon up to the amount of replacement cost of the official issue weapon of the Vernon Police Department unless such loss or damage was caused by the employee’s negligence.
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ARTICLE SEVEN
BENEFITS
Section 1: Public Employee Retirement System (“PERS”)
The City shall maintain its contract with the California Employees Public Retirement System (PERS) that provides VPMA employees with three percent (3%) at 50 PERS retirement benefit plan for “classic” employees.
As a result of the passage of AB 340 Public Employee Pension Reform (PEPRA), new CalPERS members hired on or after January 1, 2013, who meet the definition of new member under PEPRA, shall be provided a 2.7% at 57 PERS retirement benefit plan for (PEPRA) employees. “Classic” VPMA employees shall be responsible for paying their PERS nine percent (9%) employee’s contributions.
Effective the first full pay period in July 2019, in accordance with Government Code Section 20516(f) pursuant to a cost-sharing arrangement, all employees designated as “classic” employees and enrolled in the “classic” retirement benefit formula shall share the cost of the employer CalPERS contribution by paying an additional 1% of CalPERS reportable compensation for a total contribution of ten percent (10%).
Effective the first full pay period in July 2020, in accordance with Government Code Section 20516(f) pursuant to a cost-sharing arrangement, all employees designated as “classic” employees and enrolled in the “classic” retirement benefit formula shall share the cost of the employer CalPERS contribution by paying an additional 1% of CalPERS reportable compensation for a total contribution of eleven percent (11%).
Effective the first full pay period in July 2021, in accordance with Government Code Section 20516(f) pursuant to a cost-sharing arrangement, all employees designated as “classic” employees and enrolled in the “classic” retirement benefit formula shall share the cost of the employer CalPERS contribution by paying an additional 1% of CalPERS reportable compensation for a total contribution of twelve percent (12%).
PEPRA employees shall be responsible for paying their CalPERs employee’s contribution which is one-half of the normal cost (currently 14.5%).
The City makes no representation as to whether any of the compensation or payments in this Agreement are subject to CalPERS service credit or pensionable income. Employees/Association expressly acknowledge that any determination by CalPERS to not fully credit the compensation and/or service time provided under this Agreement is not a proper basis on which to void the Agreement. Employees/Association further acknowledge that they will not pursue any claim or action against the City related to any determination made by CalPERS in connection with this Agreement.
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Section 2: Supplemental PERS Retirement Benefits
The City agrees to provide additional supplemental retirement benefits to VPMA employees under PERS as follows:
• Gov’t Code Section: 20042 – One Year Final Compensation:
New employees hired on or after January 1, 2013, who meet the definition of new member under PEPRA shall receive 3 Year Final Compensation.
• Gov’t Code Section: 21024 - Military Service Credit as Public Service:
• Gov’t Code Section: 21571 – Basic Level of 1959 Survivor Benefits:
• Gov’t Code Section: 21624 & 21626 & 21628 - Post Retirement Survivor Allowance:
Section 3: Medical, Dental, Vision and Life Insurance
The City shall contribute for each full-time employee up to the maximum amounts as set forth below per pay period, toward the cost of their medical, dental, and vision plans as outlined in Subsection A through D below. If employees opt out of dental and/or vision, they may use the allotments for those respective coverages toward excess medical premiums as approved by the Director of Human Resources.
A. For employees who elect Employee + Family coverage, the City shall provide a cafeteria plan contribution equal to the total premium costs of the Employee + Family Low Medical HMO, Employee + Family lowest cost Dental DMO and lowest cost family vision plan. Employees enrolled in the Employee + Family health benefits category that elect a health plan higher than the Low HMO medical, dental and/or vision, will be responsible for any applicable premium costs through a pre-tax payroll deduction. The City understands that this amount will vary based on the premium costs that go into effect on January 1st of each calendar year of the term of this Agreement.
B. For employees who elect Employee-Only, Employee + Spouse and Employee + Children tiers, the City shall provide the same flat dollar cafeteria contribution for medical, dental and vision benefits that the City is paying as of June 2016 for these employee health group tiers. That amount is $1,100 per month. Employees who elect one of these tiers must pay for their dental and vision benefits from this cafeteria contribution. This amount will remain fixed unless the total premium cost of the lowest cost medical HMO, lowest cost Dental DMO, and lowest cost vision plan exceed the current flat rate dollar cafeteria contribution for medical, dental, and vision benefits for any of the tiers, then the contribution for that tier will be raised to equal the total premium costs of the Low Cost Medical HMO, lowest cost Dental DMO, and lowest cost vision plan for that tier. Employees that elect a health plan higher than the applicable City contribution will be responsible for any applicable premium costs through a pre-tax payroll deduction.
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C. For employees enrolled in the HSA PPO plan, the City shall pay up to the city contribution for their specific tier as set forth in A and B above reduced by an annual amount of $3,000. In addition, for each employee enrolled in an HSA PPO plan, annually the City shall make lump sum contributions to a health savings account (HSA) as follows $1,500 in January, and $500 each in March, June, and September. The cost of any HSA PPO plan selected by employees that exceeds the City contribution amount shall be paid the employee through a pre-tax payroll deduction.
D. During the term of the Agreement, Employees will be allowed to change health, dental, and/or vision plans during any open enrollment period or upon a qualifying event as prescribed by the City’s insurance provider.
Dental: The City of Vernon provides a dental insurance plan to employees. Employees may purchase dental insurance through the City by pre-tax payroll deduction. In the event any VPMA employee does not exceed their monthly benefit allowance, the employee shall be allowed to use any excess monthly allowances towards additional provided coverage for dental and vision.
Vision: The City of Vernon provides a vision care reimbursement plan to employees. The City shall pay 100% of the cost of such a plan as designated by their election of medical coverage.
Employees shall have the option of purchasing vision care for their dependents at a cost of $6.95 for one dependent or $13.95 for two or more dependents. The City agrees that all itemized benefit amounts specified in the City of Vernon Vision Plan (CVVP) that fall below $150 shall be raised to $150.
Life Insurance: The City provides a $20,000 life insurance premium plan to employees. The City shall pay 100% of the cost of such plan for employees.
The City’s agreement to pay full or partial costs of said premiums shall not create or ripen into a vested right for said employee; however, the City shall be obligated to pay the cost or provide said medical, dental, vision, and life insurance benefits as described so long as this MOU remains in effect.
Should employees represented by the Vernon Police Officers Benefit Association (VPOBA) amend their MOU contract language regarding medical, dental, vision or life insurance benefits, the City and the VPMA agree to amend the VPMA MOU to incorporate such changes.
Section 4: Retiree’s Medical
Employees must retire from the City of Vernon under a CalPERS Benefit Formula (i.e. Age 50 or 57 Formula) to be eligible for Retiree Medical/Dental Benefits.
For employees hired by the City before July 1, 2019, the following retiree medical benefits apply:
Employees in the Vernon Police Management Association must have been employed as sworn Peace Officers for a minimum of twenty (20) years and a minimum of 10 years of that service has been in the employment of the City of Vernon to be eligible for Retiree’s Medical benefit. The Resolution No. 2025-025
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City shall pay up to $1,100 per month towards the employee’s option of the City’s medical and dental insurance programs for the employee and their eligible spouse, or the equivalent to the thencurrent lowest cost City-offered Employee + Spouse medical HMO and/or dental HMO insurance premium, whichever is greater. Alternatively, eligible retired employees and spouse may opt not to enroll in the City’s medical and/or dental insurance coverage and instead receive a monthly reimbursement for premiums actually paid up to $1,100 per month as permitted by the Public Employee Pension Reform Act (PEPRA) or the amount equivalent to the then-current lowest cost City-offered Employee + Spouse medical-HMO and/or dental HMO insurance premium, whichever is greater. Once a retired employee opts not to enroll in the City’s medical and/or dental insurance, he or she will not be allowed to re-enroll.
The City’s contribution toward the Retiree Medical/Dental Benefit Plan shall continue for said retired employee and eligible spouse up to the age of sixty-five (65). Upon reaching the age of sixty-five (65), the retiree and/or eligible spouse shall apply for Medicare Part A and Part B coverage, whereupon the City’s insurance shall become supplemental coverage. The City shall pay up to 100% of the cost to provide any Medicare supplemental medical and dental insurance plan offered by the City of Vernon, not to exceed $1,100 per month. The City will not be the primary insurance carrier once the retiree and/or employee reaches the age of sixty-five (65). If the retiree or eligible spouse fails to timely obtain and maintain Medicare coverage, the City shall not be required to provide any medical/dental benefits until such Medicare coverage is obtained and maintained. The maximum $1,100 City contribution shall be applied only towards a City sponsored Medicare supplemental medical and dental premium plan payment and shall have no cash surrender value.
All retired employees with a minimum of ten (10) years of continuous uninterrupted service with the City may pay the City’s premium cost for medical and dental insurance up to the age of sixtyfive (65) after which time Medicare will become the primary insurance carrier. The retired employee may remain on the City’s supplemental insurance to Medicare at their cost provided the retiree has timely obtained and maintains Medicare coverage.
Current active employees as of July 1, 2022, who have had a previous break in service with the City shall receive credit for any previous full-time City of Vernon service for the purpose of determining eligibility for retiree medical benefits.
Should the retired employee fail to pay their required cost of the insurance premium for the City’s medical/dental benefit plan for any three (3) consecutive months or, should the coverage otherwise lapse for any reason other than City’s non-payment, then the City’s obligation to maintain the retiree’s medical/dental benefit plan shall automatically terminate without the need for further notice.
For employees hired by the City on or after July 1, 2019, the following retiree medical benefits apply:
The City shall pay up to the amount equivalent to the then current, lowest cost, employee only HMO insurance premium for the City's m edical and/or dental insurance premium(s) for all full-time regular employees in the classifications represented by the Vernon Police Management Association who have been employed as sworn Peace Officers for a minimum of Resolution No. 2025-025
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twenty (20) years and a minimum of ten (10) years of that service has been in the employment of the City of Vernon. The City contribution shall be applied only toward a city provided medical and dental premium plan payment and shall have no cash surrender value.
The City’s contribution toward the Retiree Medical/Dental Benefit Plan shall continue for said retired employee up to the age of sixty-five (65). Upon reaching the age of sixty-five (65), the retiree shall apply for Medicare Part A and Part B coverage, whereupon the City’s insurance shall become supplemental coverage. The City shall pay up to the cost of any Medicare supplemental medical and dental insurance plan offered by the City of Vernon. The City will not be the primary insurance carrier once the retiree reaches the age of sixty-five (65).
If the retiree fails to timely obtain and maintain Medicare coverage, the City shall not be required to provide any medical/dental benefits until such Medicare coverage is obtained and maintained.
All retired employees with a minimum of ten (10) years of continuous uninterrupted service with the City may pay the City’s premium cost for medical and dental insurance for employee only, up to the age of sixty-five (65) after which time Medicare will become the primary insurance carrier.
The retired employee may remain on the City’s supplemental insurance to Medicare at their cost provided the retiree has timely obtained and maintains Medicare coverage.
Should the retired employee fail to pay their required cost of the insurance premium for the City’s medical/dental benefit plan for any three (3) consecutive months or, should the coverage otherwise lapse for any reason other than City’s non-payment, then the City’s obligation to maintain the retiree’s medical/dental benefit plan shall automatically terminate without the need for further notice.
Eligible retired employees may opt not to enroll in the City’s medical and/or dental insurance coverage and instead receive a monthly reimbursement payment up to the amount provided above as of the date of employee’s retirement depending on the employee’s date of hire as permitted by the Public Employee Pension Reform Act (PEPRA). Once a retired employee opts not to enroll in the City’s medical and/or dental insurance, he or she will not be allowed to re-enroll.
Section 5: Vacation Time
A. Accrual
Continuous Years of Service Vacation Hours Earned per Year 1st year thru 4th year 120
5th year thru 9th year 140
10th year thru 14th year 170
15th year thru 24th year 185
25th year and more 190
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Current active employees as of July 1, 2022, who have had a previous break in service with the City shall receive credit for any previous full-time City of Vernon service for the purpose of determining accrual of vacation leave.
B. Policy
VPMA employees may take all or part of their vacation in increments of one-fourth (1/4) hour or more, as determined by the Police Chief at their discretion with due regard for the wishes of the employee and the needs of the Department.
Any request will be honored only if, in the opinion of the Police Chief or designee, the staffing or service level on the day or days and at the times requested is adequate to permit granting such a request.
Vacation time provided for herein shall be accumulated from calendar year to calendar year, and shall be compensated for if not utilized during said period.
Section 6: “In Lieu” Holiday Time
Each year, the City will determine the number of holidays observed and shall provide in-lieu holiday hours for these employees in an amount equal to the number of observed holidays multiplied by the employees’ paid hours per shift.
The following “In lieu” holidays will be credited to each employee on each July 1 in which he/she is on the active payroll of the Department, including those on “Light Duty,” in a classification represented by the VPMA, and must be taken prior to the immediately following July 1.
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. June 19th - Juneteenth
7. July 4th – Independence Day
8. The first Monday in September – Labor Day
9. The second Monday in October – Indigenous Peoples’ Day
10. November 11th – Veterans Day
11. The 4th Thursday in November – Thanksgiving Day
12. December 24th – Christmas Eve
13. December 25th – Christmas Day
14. December 31st – New Year’s Eve
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“In lieu” holidays may be taken in increments of one-fourth (1/4) hour or more, on dates desired by the employee subject to the needs of the Vernon Police Department. “In lieu” holidays, if not taken, shall not be paid for except if the employee was denied an opportunity to take them off during the calendar year for which such “in lieu” holidays were granted. In that case only, the employee shall be paid for said “in lieu” holidays not taken with their first possible payroll check on or after July 1 of the calendar year following the year for which the “in lieu” holidays were credited, at their then basic rate, excluding all other compensation, computed in accordance with the applicable Salary Resolution of Vernon. An employee who quits or is terminated shall not be entitled to any compensation for “in lieu” holidays not taken.
If the City Council, during the fiscal year, provides one or more additional holidays to the miscellaneous employees in addition to existing City Council approved holidays, VPMA employees shall receive the same number of any additional holidays. Any additional “in lieu” holiday time received by VPMA employees will be for a maximum of ten (10) hours per day received.
Section 7: Sick Leave
Full-time VPMA employees only receive sick leave accrual while they are in a paid status.
Employees shall accrue sick time at a rate of 3.08 hours per pay period (80 hour annually), with a maximum cap of 960 hours. Upon reaching the cap, full-time employees will continue to accrue sick leave provided; however, in February of each year all accrued sick leave in excess of 960 hours shall be cashed in at fifty percent (50%) of the employee’s regular rate of pay. Part-time and temporary VPMA employees (excluding CalPERS retired annuitants) working for 30 or more days within a year shall be entitled to accrue paid sick days at the rate of one (1) hour per every 30 hours worked. Employee shall only receive sick leave accrual while they are in a paid status.
If a VPMA employee separates or terminates employment with the City, they shall be compensated for any accrued sick leave hours at the time of separation not to exceed 960 hours. Employees that separate from service with more than 20 years of service credit shall be compensated at 100% of their current pay rate applied to the first 480 sick leave hours and 50% for their remaining hours up to the cap of 960 hours. Employees with less than 20 years of service shall be compensated at 50% of their then current pay rate up to the cap of 960 hours. Employees shall have the option of obtaining service credit for the accrued, unused sick leave hours instead of a cash payment pursuant to California Government Code Section 20965.
VPMA employees are expected to contact their supervisor or Department head as soon as possible to report a sick leave time off notification and provide appropriate information on the nature of the illness or injury and the expected duration of the time off. Employees unable to report for duty due to an illness should be required to call in and notify the on-duty supervisor a minimum of 2 hours before they are due to start their shift.
A VPMA employee who is absent on sick leave for more than two (2) consecutive shifts shall be required by their supervisor to provide a doctor’s note in order to be paid for the sick leave.
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Section 8: Bereavement Leave
When an employee is compelled to be absent from duty by reason of death or critical illness (where death appears imminent) of a member of the employee’s immediate family (father, mother, brother, sister, spouse, children, mother-in-law, father-in-law, step-parent-in-law, grandmother, grandfather, grandchildren, grandmother-in-law, grandfather-in-law, step-children, step-parents, step-sister, step-brother, step-grandchild, daughter-in-law, son-in-law, brother-in-law, sister-inlaw, or registered domestic partners), such person will be permitted, subject to the Chief of Police’s approval, to a leave of absence with pay for up to four (4) work days based upon the employee’s regular 4/10 work schedule, which may, but need not be, consecutive. An employee shall not be granted paid Bereavement Leave for more than 4 days in any six-month period for the same family member.
Employees will be allowed to utilize their vacation time, any compensatory time, or any “in lieu” holiday time that is due to the employee, in order to lengthen such bereavement time.
The employee shall furnish satisfactory evidence of such death or critical illness to the Chief of Police, if requested.
Section 9: Administrative Leave
Employee(s) occupying the classification of Police Captain, which is designated as “Exempt” for overtime purposes in accordance with the Fair Labor Standards Act (FLSA) executive exemption, shall receive sixty (60) hours of Administrative Leave annually as provided in the Citywide Fringe Benefits and Salary Resolution.
Section 10: Deferred Compensation
VPMA employees are eligible to participate in the City’s Deferred Compensation Program.
Section 11: Other City Employee Programs
VPMA employees are eligible to participate in all City sponsored programs passed by City Council Resolutions that are intended to benefit all employees in the areas of, but are not limited to, the following:
• Buyback of military leave for PERS retirement time
• Computer loan purchase plan
• Supplemental Life insurance
• Corrective eye surgery plan
• Hearing aid device plan
• Tuition reimbursement plan
• Family Medical Leave Act (FMLA)
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ARTICLE EIGHT
WORK SCHEDULE AND ABSENCES
Section 1: Provisions
The Vernon Chief of Police at their sole discretion shall establish the work schedule.
Section 2: Work Schedule 3/12 Plan
Law Enforcement agencies are allowed to establish a work period of any length between seven (7) and twenty-eight (28) consecutive days. At the City, employees must work one hundred sixty (160) hours per twenty-eight (28) day cycle. In order to be compliant, VPMA employees assigned to patrol will work three (3), twelve and one half hour (12½) days per week with a ten (10) hours payback per month, without incurring any overtime.
In the event the City needs to adjust any work schedule, the City agrees that no such modification will be conducted without first notifying the effected employee a minimum of 10 days prior to the change, unless agreed to by the effected employee(s) and the Chief of Police or designee.
The City agrees to continue the 3/12 Plan for VPMA employees assigned to patrol, with the exception of specific assignments. The VPMA agrees that the City may, at its sole discretion and at any time, terminate the 3/12 Plan. The VPMA agrees that the termination of the 3/12 Plan is not subject to the grievance procedure or any other administrative review and that the 3/12 Plan is not and shall not become a vested right in any manner, and that a decision to terminate such 3/12 Plan is subject to the meet and confer process.
Section 3: Shift and Code Seven Policy:
Patrol personnel shall work a twelve- and-one-half (12½) hour shift. The first one-half hour shall be used for briefing and training purposes. Lunch time (Code 7) shall be part of the shift and is compensable.
Section 4: Shift Trades
The practice of shift trading shall be voluntary on behalf of each employee involved in the trade.
A shift trade must be pre-approved by a supervisor. The trade must be due to the employee’s desire or need to attend to a personal matter and not due to the department’s operations. The employee providing the trade shall not have their compensable hours increased as a result of the trade; nor shall the employee receiving the trade have their compensable hours decreased as a result of the trade.
If one individual fails to appear for the other (regardless of the reason), the person who was scheduled as a result of the shift trade will be listed as absent without leave and may be subject to discipline.
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Any premium pay or other extra compensation shall continue to accrue only to the person originally entitled to the premium pay or extra compensation. Any hours worked beyond the normal work day will be credited to the individual actually doing the work. “Paybacks” of shift trade are the obligation of the two employees involved in the trade. “Paybacks” are to be completed within one (1) calendar year of the date of the initial shift trade.
Any dispute as to the “paybacks” is to be resolved by the involved employees, and under no circumstances will the department be obligated for any further compensation whatsoever to any of the involved employees. The department is not responsible in any manner for hours owed to employees by other employees that leave the employment of the City or are assigned other duties.
A record of all initial shift trades and “paybacks’ shall be maintained by the involved employees on forms provided by the Department.
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ARTICLE NINE
GRIEVANCE PROCEDURE
A. GRIEVANCE DEFINITION
A grievance shall be defined as an allegation by an employee or the Association of a misinterpretation, misapplication, or violation of a particular provision of this MOU, City policy, rule, or past practice. The grievance procedure shall not be used in connection with an impasse in collective bargaining, nor with disciplinary actions or other matters for which appeal procedures exist under the Discipline and Disciplinary Actions article herein, or pursuant to statute.
DAYS
Days shall be defined for the purposes of this Article as any day in which the City Hall is open to the public for the general conduct of business.
Step One - Immediate Supervisor
Within fifteen (15) days of the date the employee(s) knew or reasonably should have known of the incident giving rise to the grievance, the employee(s) or the Association shall initiate the grievance procedure by explaining the situation orally or in writing to the immediate supervisor of the affected employee(s). The Association and/or employee(s) waives the right to proceed with the grievance if the grievant does not initiate the procedure by this deadline. After the presentation of the grievance to the supervisor, the supervisor shall make a decision and present their decision, in writing, to the Association and employee(s) within five (5) days.
Step Two - Department Head
If the Association or employee(s) is not satisfied with the decision of the immediate supervisor, the grievant(s) shall present the grievance, in writing, to the Chief of Police within ten (10) days of the decision of the immediate supervisor. The Association and/or employee(s) waives the right to proceed with the grievance if the grievant(s) does not act by this deadline. Within five (5) days, the Chief of Police or designee, shall meet with the Association and employee(s) to hear the grievance. Within five (5) days of hearing the grievance, the Chief of Police or designee shall present their decision, in writing, to the Association and employee(s), with copies to the Human Resources Director and the City Administrator.
Step Three - City Administrator/Advisory Arbitration
If the Association or employee(s) is not satisfied with the result of the meeting with the Chief of Police, the grievant may request the matter be heard by the City Administrator or designee, or the Association may choose to have the matter heard by an impartial hearing officer (arbitrator).
Should the matter be submitted directly to the City Administrator or designee, the City Administrator shall meet with the Association and/or employee(s) within eight (8) days of receipt of the grievant’ s written notice. If the Association and/or employee(s) elects to have the matter Resolution No. 2025-025
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heard by the City Administrator or designee, the Association and/or employee(s) waives the right to have the matter heard by an arbitrator. Within eight (8) days of hearing the grievance, the City Administrator shall provide a decision, in writing, to the Association and employee(s). The decision of the City Administrator shall be final and binding, subject to the option of the employee to bring a proceeding pursuant to Code of Civil Procedure sections 1094.5 and 1094.6.
If the Association elects arbitration, costs of the arbitration shall be shared equally between the Association and the City. A court reporter shall be retained only by mutual consent of the parties.
The costs of the arbitration, including the court reporter, shall be divided in half (i.e. 50/50) by the parties. Attorney fees, staff time and witness fees shall not be shared between the parties and shall be paid by the party that incurred the cost. If only one party wishes to retain a court reporter, the requesting party shall bear the cost of said reporter.
If the Association elects arbitration, the City shall request a list of seven (7) arbitrators registered with the American Arbitration Association, California State Conciliation Service or some other mutually agreed upon source within ten (10) days of the Association’s request. If the parties are unable to agree on an arbitrator from that list, an arbitrator will be selected by the parties alternately striking names from the list until only one (1) name remains. The selected arbitrator shall serve as the hearing officer. All arbitration proceedings arising under the Grievance procedure shall be governed by the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the California Government Code.
Within eight (8) days of receipt of the arbitrator's recommendation, the City Administrator shall provide a final decision, in writing, to the Association and employee(s). The recommendation of an arbitrator shall be advisory to the City Administrator or designee. The decision of the City Administrator shall be final and binding, subject to the option of the employee to bring a proceeding pursuant to Code of Civil Procedure sections 1094.5 and 1094.6.
All time limits specified in the foregoing procedure may be waived only by mutual written agreement.
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ARTICLE TEN
DISCIPLINE PROCEDURE
A. DISCIPLINARY ACTIONS
The tenure of every City employee shall be based on reasonable standards of personal conduct and job performance. Failure to meet such standards shall be grounds for appropriate disciplinary action, which shall be commensurate with the seriousness of the offense and with consideration of the employee’s personnel file. Progressive discipline will be used; however, this does not preclude the City from taking disciplinary action, up to and including termination, for an incident for which there is no prior documentation as long as the disciplinary action is warranted and is based on just cause.
The procedures herein shall be followed when, in the judgment of the Chief of Police, an employee has committed an act or omission that justifies discipline. The Chief of Police or 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 Association with all written notices of discipline given to employees represented by Association. The written notice of discipline will also inform the employee that they have the right to consult with the Association with regard to the disciplinary action being taken.
Nothing in this article shall preclude the Chief of Police or designee from ordering a public safety officer to cooperate with other agencies involved in criminal investigations, except where the public safety officer may be the focus of the investigation. If an officer fails to comply with such an order, the officer may be officially charged with insubordination.
B. VERBAL OR WRITTEN REPRIMAND PROCEDURES/APPEALS
Any sworn employee having received a verbal or written reprimand shall be entitled to the following appeal procedure; this will be the sole and exclusive procedure afforded to employees for appealing disciplinary action consisting of a written reprimand or less. Subsection (D) (PreDisciplinary Procedures), and Subsection (E) (Disciplinary Appeal Procedures), herein shall not apply to disciplinary action consisting of a verbal or written reprimand. This appeal process shall not be applicable to performance evaluations.
Days shall be defined for the purposes of this Article as any day in which the City Hall is open to the public for the general conduct of business.
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Within ten (10) days of the employee’s receipt of the verbal or written reprimand, the employee may request in writing a meeting with the supervisor who issued the reprimand. Failure to request a meeting within ten (10) days will constitute a waiver of the employee’s right to respond. The employee’s appeal may be made verbally or in writing. After the meeting or receipt of the employee’s written appeal, the supervisor will have ten (10) days to respond to the employee in writing.
If the matter is not resolved to the affected employee’s satisfaction, the employee may seek review of the supervisor’s decision by submitting a written request to the Chief of Police or designee within ten (10) days of receipt of the supervisor’s decision. The determination of the Chief of Police or designee is final and binding, subject to the option of the employee to bring a proceeding pursuant to Code of Civil Procedure sections 1094.5 and 1094.6.
C. PRE-DISCIPLINARY PROCEDURES
Prior to the suspension, demotion, reduction in pay or dismissal of any permanent employee for disciplinary purposes, the following procedures shall be followed:
Written Notice of Proposed Action
Written notice of the proposed disciplinary action shall be given to the employee. Such notice shall include the proposed effective date of the discipline, a statement of the reason(s) for the proposed action, including the rule or standard of conduct allegedly violated, the proposed discipline and the charge(s) being considered.
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 they believe the proposed action to be inappropriate. The employee shall have a reasonable amount of time to respond, which shall not be fewer than ten (10) days. This date may be adjusted by mutual agreement. Failure to respond by the assigned date will constitute a waiver of the right to respond. Any response will be fully considered before any final action is decided upon.
The Pre-Disciplinary Conference does not need to be an evidentiary hearing. An employee has the right to have a representative of their 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.
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Written Notice of Final Action
After consideration of the employee’s response, or in the absence of a response, written notice of the final disciplinary action shall be given to the employee. Such notice shall include essentially the same information contained in the notice of proposed action, except that the employee’s formal appeal rights shall be stated.
Emergencies
When, in the opinion of the City, immediate disciplinary action is required to protect the health, safety or welfare of the public, other employees or the employee himself, the employee may be suspended for up to five (5) days pending the processing of the notices required in Section C of this article or may be suspended with pay pending the completion of such investigations or hearings as may be required to determine if disciplinary action is to be taken. If the charges and/or allegations are not sustained, the employee suspended without pay shall be entitled to reinstatement with full back pay and benefits.
D. DISCIPLINARY APPEAL PROCEDURES
Major Discipline
Any permanent employee in the classified service shall have the right to appeal any dismissal, suspension of three (3) days or more, reduction in salary, or non-probationary demotion. The appeal process shall not be applicable to probationary employees. The appeal process shall not be applicable to performance evaluations, verbal and/or written reprimands.
An employee desiring to appeal the discipline shall have ten (10) days after receipt of proposed notice of discipline. The employee’s request for appeal must be addressed to the City Administrator and received in the Human Resources Department. The Human Resources Department shall date stamp the employee’s appeal to verify the timeliness of the appeal.
If, within the 10 day appeal period, the employee does not file the appeal, unless good cause for the failure is shown, the discipline shall be considered conclusive. If the employee files a timely appeal, an arbitration appeal hearing shall be established as follows:
1. The employee shall submit a written request to the Human Resources Department for advisory arbitration to the City Administrator or designee. The City and Association will share equally share (i.e. 50/50) the arbitration-related expenses, excluding attorney fees, expert witness(es) and staff time.
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on an arbitrator from that list, an arbitrator will be selected by the parties alternately striking names from the list until only one (1) name remains.
3. The selected arbitrator shall serve as the hearing officer.
4. All arbitration proceedings arising under this procedure shall be governed by the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the California Government Code.
5. All time limits specified in the procedure may be waived by mutual written agreement.
6. At the conclusion of the hearing, the arbitrator will submit their findings to the City and the employee. Within eight (8) days of receiving the arbitrator’s findings, the City Administrator shall provide a final decision, in writing, to the employee. The City Administrator’s decisions shall set forth which charges, if any, are sustained and the reasons therefor. The opinion shall set forth findings of fact and conclusions. The City Administrator’s decision is final, subject to the option of the employee to bring a proceeding pursuant to Code of Civil Procedure sections 1094.5 and 1094.6.
Minor Discipline
Any permanent employee shall have the right to appeal any suspension below the threshold of major discipline. This appeal process shall not apply to probationary employees.
If the issue cannot be resolved between the employee and the supervisor, the employee may, within ten (10) days from receiving notice of the proposed discipline, request and be granted an interview with the Chief of Police or designee in order to discuss the appeal.
The Chief of Police or designee shall render a decision in writing within fifteen (15) days of receiving the appeal. If the Chief of Police and employee are unable to arrive at a satisfactory solution, the employee may, within fifteen (15) days from the date of the decision by the Chief of Police, submit a written appeal to the City Administrator or designee. The City Administrator or designee will respond or schedule a meeting within fifteen (15) days. The City Administrator or designee shall render 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. The City Administrator’s decision shall set forth which charges, if any, are sustained and the reasons therefore. The opinion shall set forth findings of fact and conclusions. The decision of the City Administrator shall be final and binding, subject to the option of the employee to bring a proceeding pursuant to Code of Civil Procedure sections 1094.5 and 1094.6.
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ARTICLE ELEVEN
MANAGEMENT RIGHTS
Section 1. Exclusive Rights and Authority
In order to ensure that the City is able to carry out its functions and responsibilities imposed by law, the City has and will retain the exclusive right to manage and direct the performance of City services and the work force performing such services, subject to certain limitations contained elsewhere in this Memorandum of Understanding. Therefore, the following matters shall not be subject to the meet and confer process, but shall be within the exclusive authority of the City. The consideration of the merits, necessity, or organization of any service activity conducted by the City shall include, but not be limited to the City's right to:
A. Determine issues of public policy.
B. The exclusive right to determine the mission of its constituent departments, commissions, and boards.
C. Set standards and levels of service and to expand or diminish services.
D. Determine policies, procedures, and standards for selection, training, and promotion of employees.
E. Direct its employees.
F. Establish and enforce employee dress and grooming standards.
G. Determine the methods and means to relieve its employees from duty because of lack of work or other lawful reasons.
H. Maintain the efficiency of governmental operations.
I. Determine the methods, means and numbers and kinds of personnel by which government operations are to be conducted.
J. Determine the content and intent of the job classifications and, to develop new job classifications.
K. Determine methods of financing.
L. Determine style and/or types of city-issued wearing apparel, equipment, or technology to be used.
M. Determine and/or change the facilities, methods, technology, means, organizational structure and size and composition of the work force and allocate and assign work by which the City operations are to be conducted.
N. Determine and change the number of locations, relocations, and type of operations processes and materials to be used in carrying out all city functions, including, but not limited to, the right to contract for or subcontract any work or operations of the City.
O. Assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments upon reasonable notice.
P. Establish and modify productivity and performance programs and standards.
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Q. Discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees in accordance with applicable state law.
R. Establish employee performance standards including, but not limited to, quality and quantity standards, and to require compliance therewith.
S. Take all necessary actions to carry out its mission in emergencies.
T. Exercise complete control and discretion over its organization and the technology of performing its work.
The Association recognizes that the City has and will continue to retain, whether exercised or not, the unilateral and exclusive right to operate, administer and manage its municipal services and work force performing those services in all respects, subject to this Memorandum of Understanding.
Section 2. Grievance on Impacts
The exclusive decision-making authority of the City Council on matters involving City rights and authority shall not be in any way, directly or indirectly, subject to the grievance procedure set forth in this Memorandum of Understanding. The employee may only grieve the impact of the exercise of exclusive City rights and authority that directly relate to matters within the scope of representation.
The City shall not be required to meet and confer in good faith on any subject preempted by federal or state law. The City shall meet and confer in good faith with the Association on all matters related to the salaries, fringe benefits and other terms and conditions of employment in accordance with the Meyers-Milias-Brown Act and/or Police Officers Bill of Rights.
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SIGNATURE PAGE
CITY OF VERNON VERNON POLICE
MANAGEMENT ASSOCIATION
Brian T. Saeki Nicholas J. Perez
City Administrator/“MERR” President
______________________________ ______________________________ Lisette M. Grizzelle Brandon A. Gray
Human Resources Program Manager Treasurer
______________________________ ______________________________ Alice Hui Gustavo S. Herrera
Director of Finance/City Treasurer Secretary
______________________________
Joaquin Leon
Deputy City Treasurer
______________________________
Lisa T. Wirtz
Human Resources Analyst
______________________________
Su Tan
Director of Human Resources
APPROVED AS TO FORM:
______________________________
Zaynah N. Moussa
City Attorney
APPROVED AND ADOPTED BY THE CITY COUNCIL ON , PER
RESOLUTION NO. .
Attest:
Dated:
Genoveva Rocha
City Clerk
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
AND
VERNON POLICE MANAGEMENT ASSOCIATION
July 1, 20252 through June 30, 20258 Formatted: Highlight .
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TABLE OF CONTENTS
MEMORANDUM OF UNDERSTANDING
Parties to the Memorandum of Understanding ....…………………………………..…….. 4 ARTICLE ONE: FUNDAMENTALS
Section 1: Recognition ……………………………………………………………….. 5
Section 2: No Discrimination ………………………………………………………… 5
Section 3: Mutual Cooperation ……………………………………………………….. 5 Section 4: No Strikes or Lockouts ……………………………………………………. 5 Section 5: City/VPMA Meetings …………………………………………………...... 5 Section 6: Association Business ……………………………………………………… 5
ARTICLE TWO: LEGAL LIMITATIONS, SAVINGS CLAUSE& TERM
Section 1: Legal Limitations and Savings Clause ……………………………………. 6 Section 2: Term ………………………………………………………………………. 6
Section 3: Maintenance of Existing Conditions………………………………………. 6 Section 4: Modification and Waiver………………………………………………….. 6 Section 5: Severability………………………………………………………………… 7
ARTICLE THREE: SALARIES
Section 1: Lieutenants …….………………………………………………………........ 8 Section 2: Captains .…………………………….………………………………………8
Section 3: Merit Steps …………………………………………………………………..8
Section 4: Salary Adjustment Increase ………………………………..………………. 9 Section 5: Bilingual Pay ………………………………………………………………. 9
Section 6: “P.O.S.T.” Certificate Incentive …………..……….………………..…….. 9 Section 7: Shooting Pay ………………………………………………………………. 10
ARTICLE FOUR: LONGEVITY
Section 1: Employees Hired Before July 1, 1995 ……………………………………. 11 Section 2: Employees Hired On or After July 1, 1995 ………………………………. 11 Section 3: Employees Hired On or After July 1, 1995 and On or Before .
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December 31, 1998 …………………………………………………………12ARTICLE FIVE:
OVERTIME
Section 1: Overtime Authorization …………………………………………………… 13 Section 2: FLSA Overtime …………………………………………………………… 13
Section 3: Compensatory Time ……………………………………………………….. 13 Section 4: Leave Time Inclusions …………………………………………………….. 13 Section 5: Training and Recertification Time ………………………………………… 14 Section 6: Court Attendance and “Stand By” Time …………………………………. 14 Section 7: Call Backs ………………………………………………………………… 15
Section 8: Jury Duty …………………………………………………………………. 15
Section 9: Non-Compensable ………………………………………………………… 16
ARTICLE SIX: UNIFORMS, ALLOWANCE AND SAFETY EQUIPMENT
Section 1: Uniform Allowance ……………………………………………………….. 17 Section 2: Summer Uniforms …………………………………………………………. 17
Section 3: Safety Equipment ………………………………………………………….. 17 ARTICLE SEVEN: BENEFITS
Section 1: Public Employees Retirement System (“PERS”)………………………… 18 Section 2: Supplemental PERS Retirement Benefits …………………….…………... 18 Section 3: Medical, Dental, Vision and Life Insurance ………………………………. 19 Section 4: Retiree’s Medical …………………………………………………………. 20 Section 5: Vacation Time …………………………………………………………….. 22
Section 6: “In Lieu” Holiday Time …………………………………………………… 23 Section 7: Sick Leave …………………………………………………………………. 23
Section 8: Bereavement Leave ……………………………………………………….. 24 Section 9: Administrative Leave…………………………………………………….. 24 Section 10: Deferred Compensation ………………………………………………… 24 Section 11: Other City Employee Programs …………………………………………… 25 .
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ARTICLE EIGHT: WORK SCHEDULE AND ABSENCES
Section 1: Provisions …………………………………………………………………. 26
Section 2: Work Schedule 3/12 Plan …………………………………………………. 26 Section 3: Shift and Code Seven Policy …………………………………………… 26 Section 4: Shift Trades ……………………………………………………………….. 26
ARTICLE NINE: GRIEVANCE PROCEDURE
Grievance Procedure ……………………………………………………………….. 28
ARTICLE TEN: DISCIPLINE PROCEDURE
Discipline Procedure ………..……………………………………………………… 30
ARTICLE ELEVEN: MANAGEMENT RIGHTS
Section 1: Exclusive Rights and Authority………………………………………… 34 Section 2: Grievance on Impacts……………………………………………………….35
SIGNATURE PAGE
Signatures …………………………………………………………………………………. 36
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
AND
VERNON POLICE MANAGEMENT ASSOCIATION
Parties to the Memorandum of Understanding
Pursuant to Chapter 10 (section 3500 et seq) of Division 4, Title 1 of the Government Code and Resolution No. 4027, the Resolution for the administration of Employer-employee relations, the matters within the scope of representation that are set forth in this Memorandum of Understanding (MOU) have been discussed by and between representatives of the City of Vernon and the representatives of the Vernon Police Management Association (hereinafter “VPMA”) and except as otherwise specifically provided herein shall apply only to those defined in the aforesaid Resolution as Police Lieutenants and Police Captains.
This MOU constitutes a joint agreement by the Municipal Employee Relations Representative (“MERR”) and the VPMA, to be submitted to the City Council of Vernon for its determination and approval by one or more Resolutions or Ordinances as the City Council may deem fit and proper.
The MERR and the Representative of the VPMA have agreed that they will jointly urge the City Council of Vernon to adopt one or more Resolutions or Ordinances reflecting the changes in wages, hours, and other conditions of employment agreed upon in this MOU.
If approved, the terms agreed upon by this MOU shall take effect on July 1, 20252, and shall expire at midnight on June 30, 20285 or until the next Memorandum of Understanding becomes effective.
IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN STATED, the VPMA and the City of Vernon agree as follows:
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ARTICLE ONE
FUNDAMENTALS
Section 1: Recognition
The City of Vernon recognizes the Vernon Police Management Association (“VPMA”) as the certified majority representative of management, comprised of Police Lieutenants and Police Captains, as the exclusive representative of the employees for purposes of collective bargaining for all terms and conditions within this Memorandum of Understanding.
Section 2: No Discrimination
The provisions of this Memorandum of Understanding shall be applied equally to all employees covered hereby. Neither the City nor the VPMA shall discriminate against any individual, applicant, or employee with respect to 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 non-membership in the VPMA.
Section 3: Mutual Cooperation
The parties recognize the necessity of cooperating on matters of mutual concern and interest and agree to work together to maximize the effectiveness of the Police Department and the City and to accomplish legislative and funding goals in their mutual interest.
Section 4: No Strikes or Lockouts
During the life of this agreement no work stoppages, strikes, slowdowns, or picketing shall be caused or sanctioned by the VPMA, and no lockouts shall be made by the City.
Section 5: City/VPMA Meetings
Representatives from the VPMA and the City shall meet as needed to discuss issues of mutual concern.
Section 6: Association Business
The City shall grant release time of 100 hours per fiscal year for the Association President or designee. In no case will Association Leave Time be used for political action purposes or if it will cause overtime unless it is authorized in writing by the Police Chief or designee.
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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, 20252, and shall remain in full force and effect up to and including midnight, the 30th day of June 20285, or until the next Memorandum of Understanding becomes effective. The “effective date” does not reflect the date upon which any change to pay or other form of compensation is to be implemented. “Implement” shall mean an actual payment of a new or additional pay element. (a)(b) Upon adoption by the City Council of this Memorandum of Understanding, the City shall take necessary steps to implement the provisions of this MOU with all due expediency.
The City has agreed to limited retroactive pay consistent with the terms of this Memorandum of Understanding; the period of retroactive pay to first full pay period after July 1, 2025, through the date of City Council adoption of this Memorandum of Understanding.
(b)(c) This Memorandum of Understanding shall be binding on the City and the Association when approved and adopted by the City Council.
Except as otherwise provided in Article III, Section 1, herein, the City and the Association agree to submit proposals for any changes related to wages, benefits and/or other terms of and conditions of employment affecting this Memorandum of Understanding between February 1, 20285 and March 1, 20285.
Section 3: Maintenance of Existing Conditions
Any employment policy, practices and/or benefits, including the alternative workweek schedule .
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and overtime compensation are incorporated into this Memorandum of Understanding, unless otherwise stated herein. In the event of a conflict between the Memorandum of Understanding and an existing policy and/or practice, this Memorandum of Understanding shall govern.
Section 4: Modification and Waiver
The City reserves the right to add to, delete from, amend, or modify the Administrative rules, the City Municipal Code, and the City’s Personnel Policies and Procedures Manual during the term of the Memorandum of Understanding, subject to the requirements of the Meyers-Milias-Brown Act and the Police Officers Bill of Rights.
Section 5: Severability
In the event that a court finds any provision(s) of this Memorandum of Understanding to be invalid or unenforceable, the parties intend that the remaining provisions remain in effect. The parties further agree to meet and confer for purposes of negotiating an alternative to any provision declared invalid or unenforceable.
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ARTICLE THREE
SALARIES
(a) Effective the first full pay period in July 20252, the salary ranges for the classifications of Police Lieutenant and Police Captain shall be as follows in an effort to maintain the City’s salary plan administration and policy goals:
and the first full pay period in July of each subsequent year during the term of the agreement, the base salaries shall be increased by three percent (3%).
Police Lieutenant: Salary Grade No. 42
Police Captain Salary Grade No. 45
Section 1: Lieutenant
Police Lieutenant with 3% COLA
Monthly Salary Range PM 4237
Step Effective
7/13/20252
Effective
7/2/2023
Effective
7/14/2024
1 $ 17,253
12,015 $ 12,375 $ 12,746
2 $ 18,116
12,615 $ 12,994 $ 13,384
3 $ 19,022
13,246 $ 13,643 $ 14,053
4 $ 19,973
13,908 $ 14,326 $ 14,755
5 $ 20,972
14,604 $ 15,042 $ 15,493
Section 2: Captain
Police Captain with 3% COLA
Monthly Salary Range PM 40450
Step Effective
7/13/20252
Effective
7/2/2023
Effective
7/14/2024
1 $ 19,973
13,908 $ 14,326 $ 14,755
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2 $ 20,972
14,604 $ 15,042 $ 15,493
3 $ 22,020
15,334 $ 15,794 $ 16,268
4 $ 23,121
16,101 $ 16,584 $ 17,081
5 $ 24,277
16,906 $ 17,413 $ 17,935
(a) Effective the first full pay period after July 1, 2026, eligible employees shall receive a 5% merit step increase in accordance with Section 3 (Merit Steps) herein and the City’s Performance Evaluation Policy. The 5% merit step increase shall not exceed the maximum salary or step of the pay grade.
(b) Effective July 1, 2027,The City and Association agree to a limited reopener to discuss a Cost-of-Living Adjustment (COLA) on base salary ranges for the third year of this MOU term. Effective the first full pay period after July 1, 2027, eligible employees shall receive a COLA based on the percentage change in the Consumer Price Index for All Urban Consumers (CPI-U), Los Angeles-Long Beach-Anaheim region, as published by the U.S.
Bureau of Labor Statistics, for the 12-month period ending in March 2027. Starting on April 5, 2027, the City and Association agree to meet and confer regarding a COLA amount equal to the percentage change in the applicable CPI-U, but which shall not be less than 2% of base salary pay, regardless of the actual CPI change. If the COLA is not finalized by the first full paymentpay period after July 1, 2027, the COLA will be retroactive in July 2027, COLA will be retroactive to the first full pay period inafter July 1, 2027.
Section 3: Merit Steps
Effective the first full pay period in July of each year during the term of this agreement, employees who are not at the top step of their Classification Compensation Plan, and have attained one year of an overall “above average” or higher performance evaluation rating, as of their immediately preceding classification anniversary date, shall, in accordance with the City’s Performance Evaluation Policy, receive a merit step salary advance. Employees shall continue to receive their annual evaluations as scheduled in the City’s Performance Evaluation Policy. Future merit increases to any said step shall remain at the sole discretion of the City Council.
Section 4: Salary Adjustment Increase
In the event there is a salary inequity between ranks or between employees within the Department, the Chief of Police with the approval of the City Administrator may incorporate a service adjustment increase up to ten percent (10%) per month of their base salary.
Section 5: Bilingual Pay
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A VPMA employee may be compensated for bilingual skills after the employee demonstrates proficiency in speaking a foreign language (the ability to read and write in a foreign language may also be tested, if necessary), which proficiency would be determined by successful completion of a foreign language proficiency test designated by the Human Resources Department. Those employees who successfully demonstrate this skill are eligible to receive an additional Two Hundred Seventy-Five Dollars ($275.00) Three Hundred Dollars ($300.00) per month for bilingual pay and shall not be considered to be part of the employee’s base monthly salary when computing Peace Officers Standards and Training (P.O.S.T.) certificate incentives; however, it shall be considered as part of the base monthly salary for purposes of computing the last highest annual salary.
Section 6: Peace Officers Standards and Training (“P.O.S.T.”) Certificate Incentive VPMA employees shall be entitled to P.O.S.T. certificate pay as follows:
Effective the first full pay period in July of 202561 the POST Certificate pay shall be as follows:
Intermediate: 6% of the employee’s basic monthly salary, excluding all other compensation Advanced: 12% of the employee’s basic monthly salary, excluding all other compensation Supervisory: 17% of the employee’s basic monthly salary, excluding all other compensation Payment of the above-referenced incentive compensation shall not be cumulative; only the highest applicable incentive pay level shall apply.
Effective June 1, 2014, VPMA employees shall be entitled to 7.5% of the employee’s base monthly salary, excluding all other compensation, for a P.O.S.T. Management Certificate.
Incentive pay shall be payable the month following the month during which the certificate is granted.
P.O.S.T. certificate pay shall be considered as part of the base monthly salary for purposes of computing the last highest annual salary.
Should employees represented by the Vernon Police Officers Benefit Association (VPOBA) receive across-the board enhancements to the existing P.O.S.T. Certificate Pay, a like increase will be provided to employees represented by the Police Officers Management Association.
Section 7: Shooting Marksmanship Pay
It is recognized by the City of Vernon and the VPMA that a peace officer must qualify in the firing range on a monthly basis in order to continue to be employed and to receive Shooting Marksmanship Pay. Such qualifications shall occur on duty. Employees who shoot at the range other than the required qualifications dates will be considered to be on personal time. Such time is not counted as working time and is not compensable.
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Officers who achieve the following qualifications shall receive compensation as follows:
Marksman $ 3.00 Per Month
Sharpshooter $ 5.00 Per Month
Expert $ 7.50 Per Month
Distinguished Expert $ 10.00 Per Month
Shooting Pay shall be considered as part of the base monthly salary for purposes of computing the last highest annual salary.
ARTICLE FOUR
LONGEVITY
Section 1: Employees Hired Before July 1, 1995
Effective August 31, 1986, the City established a four-step Longevity program for all employees.
Said Longevity program is as follows:
All eligible employees who have five years of service on or before August 31, 1986, shall receive an additional five percent (5%) per month of their base salary effective August 31, 1986, and every year thereafter until reaching the next Longevity level. Employees upon reaching their 5th anniversary date after August 31, 1986, shall be entitled to said five percent (5%) per month upon said anniversary date.
All eligible employees who have ten (10) years of service on or before July 1, 1987, shall receive an additional ten percent (10%) per month of their base salary effective July 1, 1987, and every year thereafter until reaching the next Longevity level. Employees upon reaching their 10th anniversary date after July 1, 1987, shall be entitled to said ten percent (10%) per month upon said anniversary date. Said ten percent (10%) is in place of the five percent (5%) referenced in paragraph 1 above and not cumulative therewith. All eligible employees who have fifteen (15) years of service on or before July 1, 1988, shall receive an additional fifteen percent (15%) per month of their base salary effective July 1, 1988, and every year thereafter until reaching the next Longevity level. Employees upon reaching their 15th anniversary date after July 1, 1988, shall be entitled to said fifteen percent (15%) per month upon said date. Said fifteen percent (15%) is in place of each of Formatted: Highlight
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the amounts referenced in paragraphs 1 and 2 above and not cumulative therewith. All eligible employees who have twenty (20) years of service on or before July 1, 1989, shall receive an additional twenty percent (20%) per month of their base salary effective July 1, 1989, and every year thereafter. Employees upon reaching their 20th anniversary date after July 1, 1989, shall be entitled to said twenty percent (20%) per month upon said anniversary date. Said twenty percent (20%) is in place of each of the amounts referenced in paragraphs 1, 2 and 3 above and not cumulative therewith.
Section 2: Employees Hired on or after July 1, 1995, and on or before December 31, 2013 All employees in the VPMA who are hired on or after July 1, 1995, who attain five (5) years of consecutive uninterrupted employment shall receive an additional five percent (5%) per month of their base salary. Such employees shall be entitled to receive such five percent (5%) increase upon reaching their 5th anniversary date. Such employees will not be entitled to receive any additional Longevity percentage increase to their base salary for further service.
Section 3: Employees Hired on or after July 1, 1995, and on or before December 31, 1998.
Notwithstanding Sections 1 and 2 above, effective July 6, 2008, the City established an additional 5% longevity program tier. Employees hired on or after July 1, 1995, and on or before December 31, 1998, shall be entitled to receive an additional 5% above base pay (for a total Longevity pay not to exceed 10%) for attaining ten years of service.
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ARTICLE FIVE
OVERTIME
Section 1: Overtime Authorization
All overtime requests must have prior written authorization of the Chief of Police prior to the commencement of such overtime work. Where prior written authorization is not feasible, explicit verbal authorization must be obtained. Where verbal authorization is obtained, written authorization must be obtained as soon thereafter as practicable.
Section 2: F.L.S.A. Overtime
Employees in the classification of Police Captain are exempt from overtime in accordance with the Fair Labor Standards Act (FLSA) executive exemption. Police Lieutenants required to perform in excess of the standard work period of 160 hours in a 28-day cycle shall receive compensation at the rate of time and one-half their regular rate of pay or time and one-half “compensatory time” for each hour worked. The regular rate of pay shall include those items of compensation required to be included under the FLSA. all regular renumerations.the following components in addition to base salary:
P.O.S.T. Certificate Pay
Special Assignment Pay
Section 3: Compensatory Time
Police Lieutenants may not earn more than forty (40) hours of compensatory time during any FLSA 28-day cycle. At such time as an employee earns forty (40) hours of compensatory time within a given 28-day work cycle, any additional overtime in that cycle shall be paid to the employee at time and one-half of their regular rate of pay.
VPMA employees may not accumulate more than 240 hours of compensatory time. An employee must be paid at the rate of time-and one-half for any overtime worked beyond the 240-hour compensatory time “cap.”
Section 4: Leave Time Inclusions
In determining an employee’s eligibility for overtime compensation in a work period, paid leaves of absence will be included in the total number of hours worked. Paid leaves of absence include, but are not limited to, the following:
Formatted: Indent: Left: 0", First line: 0"
Commented [ZM1]: If this is consistent with our intent would rather use the FLSA to define required comp items.
Formatted: Body Text 1,bt1, No bullets or numbering
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1. Vacation
2. Holiday Leave
3. Administrative Leave
4. Compensatory Leave
5. Workers’ Compensation Leave (4850 time)
6. Jury Duty
7. Bereavement Leave
8. Military Leave
Section 5: Training and Recertification Time
Training time that is required is compensable.
Recertification time that is directly related to an employee’s job will be compensable if completed during assigned work hours.
Section 6: Court Attendance and “Stand By” Time
Court Appearances
VPMA employees shall be compensated for court appearances in the line of duty outside regular scheduled duty hours as follows:
A. Court appearances which extend beyond an employee’s normal shift assignment shall be compensated as paid overtime. For purposes of calculating F.L.S.A. overtime pursuant to this section of this MOU, only the actual time spent in court or traveling in a City vehicle to and from the Station shall be credited as hours worked. Travel time to and from one’s private residence shall not be considered hours worked and shall not be compensated in any manner whatsoever.
B. Notwithstanding the provisions of “A” above, VPMA employees required to attend court sessions outside their regular schedule duty work shift shall be compensated a minimum guarantee of four (4) hours at time and one-half (1.5).
C. If an employee is required to stay beyond four hours in court, the employee shall be compensated at time and one-half (1.5) at their regular hourly rate for all hours spent in their court duty assignment that day.
Stand By Time
If an employee receives a subpoena to be placed on standby, the effected employee shall be compensated for Stand By status as follows:
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A. An employee who is placed on Stand By status for a half court day, which shall consist of either a morning session or afternoon session of court, shall be paid Sixty Dollars ($60.00).
B. An employee who is placed on Stand By status for a full court day, which shall consist of the morning session and the afternoon session of court, on the same day, shall be paid One Hundred Nineteen Dollars ($119.00). However, if said employee is required to appear in court, they shall receive court appearance compensation rather than Stand By compensation for their time in court.
C. The parties agree that Stand By pay shall not count toward hours worked and that the provision complies with the F.L.S.A.
D. Alternatively, an employee (at the employee’s option and with the permission of the Chief of Police or designee) on court Stand By may report to the police station, in uniform, for assignment while awaiting court. Under these circumstances, an employee shall be compensated on an hour-for-hour basis (if on overtime, at time and a half) for time actually worked while on Stand By.
E. No additional payment other than that set forth in Section 6 of the MOU shall be made for Court Pay.
Should employees represented by the Vernon Police Officers Benefit Association (VPOBA) amend their MOU contract language regarding Court-Time Pay and Stand-by Pay, the City and the VPMA agree to amend the VPMA MOU to incorporate such changes.
Section 7: Call Backs
Call Back duty occurs when an employee is ordered to report to duty on a non-regularly scheduled work shift. Call Back does not occur when an employee is held over from their prior shift or is working prior to their regularly scheduled shift. This provision is also to be distinguished from Court pay, which is to be used when an employee is called to court.
An employee called back to duty shall be credited with a minimum of four hours’ work. Any hours worked in excess of four hours shall be credited on an hour-for-hour basis (at time and onehalf compensation) for actual time worked.
If the employee is ordered to return to work immediately, their work time shall be credited commencing immediately after the employee has been directly contacted by the employer.
Section 8: Jury Duty
I. Policy
A. Employees shall be granted up to two weeks (equivalent to eight (8) work days based on City Hall schedule Monday through Thursday) paid leave of absence in order to perform jury duty, provided that the employee provides notification to the .
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City for such jury duty and provides proper verification of hours spent on jury duty.
VPMA employees will be required to return to work, if regularly scheduled to work, as soon as they are released from their jury duty.
B. In accordance with Section 215(b) of the Code of Civil Procedure, a juror who is employed by a local government entity who receives regular compensation and benefits while performing jury service, may not be paid Jury Duty Pay. An employee must return all Jury Duty Pay to the Court if paid by the Court.
Employees shall notify their Supervisor on the day they are released from jury duty.
C. VPMA employees shall retain any Jury Duty Mileage Pay.
Section 9: Non-Compensable
A. City Vehicle Use–VPMA employees who are provided with a City vehicle to travel to and from work shall not be compensated in any manner whatsoever for travel time to and from work. This provision also applies in those situations where the radio must be left on and monitored unless answering a call for service.
B. Clothes/Uniform Changing Time–Time spent in changing clothes before or after shift, or during lunch, is not considered hours worked and is not compensable in any manner whatsoever.
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ARTICLE SIX
UNIFORMS, ALLOWANCE AND SAFETY EQUIPMENT
Section 1: Uniform Allowance
The City will pay each VPMA employee who is on the active payroll of the Vernon Police Department the sum of One Thousand Dollars ($1,000) per fiscal year for the purchase of uniforms and related equipment. Such payment shall occur within the month of August of each year.
Uniform allowance is special compensation that shall be deemed earned when paid and shall be reported to CalPERS as compensation earnable.
Section 2: Summer Uniforms
VPMA employees who are assigned to patrol will be allowed to utilize summer uniforms (blue shirt/blue shorts) on any day at the discretion of the Chief of Police. The Chief of Police shall establish authorization or notification procedures, as well as summer uniform requirements.
Section 3: Safety Equipment
The City shall, every three (3) years, pay one half of the cost of the member’s individual body armor if the member presents to the City a receipt for body armor that meets Departmental specifications. If the City provides individual body armor to an employee, and the employee accepts such body armor, then the three (3) year time period shall begin upon acceptance of the body armor by the employee.
VPMA employees who carry a private weapon which has been expressly approved by the Vernon Police Department and suffer the loss or damage of such weapon in the line of duty shall be compensated by the City of Vernon up to the amount of replacement cost of the official issue weapon of the Vernon Police Department unless such loss or damage was caused by the employee’s negligence.
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ARTICLE SEVEN
BENEFITS
Section 1: Public Employee Retirement System (“PERS”)
The City shall maintain its contract with the California Employees Public Retirement System (PERS) that provides VPMA employees with three percent (3%) at 50 PERS retirement benefit plan for “classic” employees.
As a result of the passage of AB 340 Public Employee Pension Reform (PEPRA), new CalPERS members hired on or after January 1, 2013, who meet the definition of new member under PEPRA, shall be provided a 2.7% at 57 PERS retirement benefit plan for (PEPRA) employees. “Classic” VPMA employees shall be responsible for paying their PERS nine percent (9%) employee’s contributions.
Effective the first full pay period in July 2019, in accordance with Government Code Section 20516(f) pursuant to a cost-sharing arrangement, all employees designated as “classic” employees and enrolled in the “classic” retirement benefit formula shall share the cost of the employer CalPERS contribution by paying an additional 1% of CalPERS reportable compensation for a total contribution of ten percent (10%).
Effective the first full pay period in July 2020, in accordance with Government Code Section 20516(f) pursuant to a cost-sharing arrangement, all employees designated as “classic” employees and enrolled in the “classic” retirement benefit formula shall share the cost of the employer CalPERS contribution by paying an additional 1% of CalPERS reportable compensation for a total contribution of eleven percent (11%).
Effective the first full pay period in July 2021, in accordance with Government Code Section 20516(f) pursuant to a cost-sharing arrangement, all employees designated as “classic” employees and enrolled in the “classic” retirement benefit formula shall share the cost of the employer CalPERS contribution by paying an additional 1% of CalPERS reportable compensation for a total contribution of twelve percent (12%).
PEPRA employees shall be responsible for paying their CalPERs employee’s contribution which is one-half of the normal cost (currently 14.5%).
The City makes no representation as to whether any of the compensation or payments in this Agreement are subject to CalPERS service credit or pensionable income. Employees/Union Association expressly acknowledge that any determination by CalPERS to not fully credit the compensation and/or service time provided under this Agreement is not a proper basis on which to void the Agreement. Employees/Union Association further acknowledge that they will not pursue any claim or action against the City related to any determination made by CalPERS in connection with this Agreement.
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Section 2: Supplemental PERS Retirement Benefits
The City agrees to provide additional supplemental retirement benefits to VPMA employees under PERS as follows:
Gov’t Code Section: 20042 – One Year Final Compensation:
New employees hired on or after January 1, 2013, who meet the definition of new member under PEPRA shall receive 3 Year Final Compensation.
Gov’t Code Section: 21024 - Military Service Credit as Public Service:
Gov’t Code Section: 21571 – Basic Level of 1959 Survivor Benefits:
Gov’t Code Section: 21624 & 21626 & 21628 - Post Retirement Survivor Allowance:
Section 3: Medical, Dental, Vision and Life Insurance
The City shall contribute for each full-time employee up to the maximum amounts as set forth below per pay period, toward the cost of their medical, dental, and vision plans as outlined in Subsection A through D below. If employees opt out of dental and/or vision, they may use the allotments for those respective coverages toward excess medical premiums as approved by the Director of Human Resources.
A. For employees who elect Employee + Family coverage, the City shall provide a cafeteria plan contribution equal to the total premium costs of the Employee + Family Low Medical HMO, Employee + Family lowest cost Dental DMO and lowest cost family vision plan. Employees enrolled in the Employee + Family health benefits category that elect a health plan higher than the Low HMO medical, dental and/or vision, will be responsible for any applicable premium costs through a pre-tax payroll deduction. The City understands that this amount will vary based on the premium costs that go into effect on January 1st of each calendar year of the term of this Agreement.
B. For employees who elect Employee-Only, Employee + Spouse and Employee + Children tiers, the City shall provide the same flat dollar cafeteria contribution for medical, dental and vision benefits that the City is paying as of June 2016 for these employee health group tiers. That amount is $1,100 per month. Employees who elect one of these tiers must pay for their dental and vision benefits from this cafeteria contribution. This amount will remain fixed unless the total premium cost of the lowest cost medical HMO, lowest cost Dental DMO, and lowest cost vision plan exceed the current flat rate dollar cafeteria contribution for medical, dental, and vision benefits for any of the tiers, then the contribution for that tier will be raised to equal the total premium costs of the Low Cost Medical HMO, lowest cost Dental DMO, and lowest cost vision plan for that tier. Employees that elect a health plan higher than the applicable City contribution will be responsible for any applicable premium costs through a pre-tax payroll deduction.
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C. For employees enrolled in the HSA PPO plan, the City shall pay up to the city contribution for their specific tier as set forth in A and B above reduced by an annual amount of $3,000. In addition, for each employee enrolled in an HSA PPO plan, annually the City shall make lump sum contributions to a health savings account (HSA) as follows $1,500 in January, and $500 each in March, June, and September. The cost of any HSA PPO plan selected by employees that exceeds the City contribution amount shall be paid the employee through a pre-tax payroll deduction.
D. During the term of the Agreement, Employees will be allowed to change health, dental, and/or vision plans during any open enrollment period or upon a qualifying event as prescribed by the City’s insurance provider.
Dental: The City of Vernon provides a dental insurance plan to employees. Employees may purchase dental insurance through the City by pre-tax payroll deduction. In the event any VPMA employee does not exceed their monthly benefit allowance, the employee shall be allowed to use any excess monthly allowances towards additional provided coverage for dental and vision.
Vision: The City of Vernon provides a vision care reimbursement plan to employees. The City shall pay 100% of the cost of such a plan as designated by their election of medical coverage.
Employees shall have the option of purchasing vision care for their dependents at a cost of $6.95 for one dependent or $13.95 for two or more dependents. The City agrees that all itemized benefit amounts specified in the City of Vernon Vision Plan (CVVP) that fall below $150 shall be raised to $150.
Life Insurance: The City provides a $20,000 life insurance premium plan to employees. The City shall pay 100% of the cost of such plan for employees.
The City’s agreement to pay full or partial costs of said premiums shall not create or ripen into a vested right for said employee; however, the City shall be obligated to pay the cost or provide said medical, dental, vision, and life insurance benefits as described so long as this MOU remains in effect.
Should employees represented by the Vernon Police Officers Benefit Association (VPOBA) amend their MOU contract language regarding medical, dental, vision or life insurance benefits, the City and the VPMA agree to amend the VPMA MOU to incorporate such changes.
Section 4: Retiree’s Medical
Employees must retire from the City of Vernon under a CalPERS Benefit Formula (i.e. Age 50 or 57 Formula) to be eligible for Retiree Medical/Dental Benefits.
For employees hired by the City before July 1, 2019, the following retiree medical benefits apply:
Employees in the Vernon Police Management Association must have been employed as sworn Peace Officers for a minimum of twenty (20) years and a minimum of 10 years of that service has been in the employment of the City of Vernon to be eligible for Retiree’s Medical benefit. The .
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City shall pay up to $1,100 per month towards the employee’s option of the City’s medical and dental insurance programs for the employee and their eligible spouse, or the equivalent to the thencurrent lowest cost City-offered Employee + Spouse medical HMO and/or dental HMO insurance premium, whichever is greater. Alternatively, eligible retired employees and spouse may opt not to enroll in the City’s medical and/or dental insurance coverage and instead receive a monthly reimbursement for premiums actually paid up to $1,100 per month as permitted by the Public Employee Pension Reform Act (PEPRA) or the amount equivalent to the then-current lowest cost City-offered Employee + Spouse medical-HMO and/or dental HMO insurance premium, whichever is greater. Once a retired employee opts not to enroll in the City’s medical and/or dental insurance, he or she will not be allowed to re-enroll.
The City’s contribution toward the Retiree Medical/Dental Benefit Plan shall continue for said retired employee and eligible spouse up to the age of sixty-five (65). Upon reaching the age of sixty-five (65), the retiree and/or eligible spouse shall apply for Medicare Part A and Part B coverage, whereupon the City’s insurance shall become supplemental coverage. The City shall pay up to 100% of the cost to provide any Medicare supplemental medical and dental insurance plan offered by the City of Vernon, not to exceed $1,100 per month. The City will not be the primary insurance carrier once the retiree and/or employee reaches the age of sixty-five (65). If the retiree or eligible spouse fails to timely obtain and maintain Medicare coverage, the City shall not be required to provide any medical/dental benefits until such Medicare coverage is obtained and maintained. The maximum $1,100 City contribution shall be applied only towards a City sponsored Medicare supplemental medical and dental premium plan payment and shall have no cash surrender value.
All retired employees with a minimum of ten (10) years of continuous uninterrupted service with the City may pay the City’s premium cost for medical and dental insurance up to the age of sixtyfive (65) after which time Medicare will become the primary insurance carrier. The retired employee may remain on the City’s supplemental insurance to Medicare at their cost provided the retiree has timely obtained and maintains Medicare coverage.
Current active employees as of July 1, 2022, who have had a previous break in service with the City shall receive credit for any previous full-time City of Vernon service for the purpose of determining eligibility for retiree medical benefits.
Should the retired employee fail to pay their required cost of the insurance premium for the City’s medical/dental benefit plan for any three (3) consecutive months or, should the coverage otherwise lapse for any reason other than City’s non-payment, then the City’s obligation to maintain the retiree’s medical/dental benefit plan shall automatically terminate without the need for further notice.
For employees hired by the City on or after July 1, 2019, the following retiree medical benefits apply:
The City shall pay up to the amount equivalent to the then current, lowest cost, employee only HMO insurance premium for the City's m edical and/or dental insurance premium(s) for all full-time regular employees in the classifications represented by the Vernon Police Management Association who have been employed as sworn Peace Officers for a minimum of .
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twenty (20) years and a minimum of ten (10) years of that service has been in the employment of the City of Vernon. The City contribution shall be applied only toward a city provided medical and dental premium plan payment and shall have no cash surrender value.
The City’s contribution toward the Retiree Medical/Dental Benefit Plan shall continue for said retired employee up to the age of sixty-five (65). Upon reaching the age of sixty-five (65), the retiree shall apply for Medicare Part A and Part B coverage, whereupon the City’s insurance shall become supplemental coverage. The City shall pay up to the cost of any Medicare supplemental medical and dental insurance plan offered by the City of Vernon. The City will not be the primary insurance carrier once the retiree reaches the age of sixty-five (65).
If the retiree fails to timely obtain and maintain Medicare coverage, the City shall not be required to provide any medical/dental benefits until such Medicare coverage is obtained and maintained.
All retired employees with a minimum of ten (10) years of continuous uninterrupted service with the City may pay the City’s premium cost for medical and dental insurance for employee only, up to the age of sixty-five (65) after which time Medicare will become the primary insurance carrier.
The retired employee may remain on the City’s supplemental insurance to Medicare at their cost provided the retiree has timely obtained and maintains Medicare coverage.
Should the retired employee fail to pay their required cost of the insurance premium for the City’s medical/dental benefit plan for any three (3) consecutive months or, should the coverage otherwise lapse for any reason other than City’s non-payment, then the City’s obligation to maintain the retiree’s medical/dental benefit plan shall automatically terminate without the need for further notice.
Eligible retired employees may opt not to enroll in the City’s medical and/or dental insurance coverage and instead receive a monthly reimbursement payment up to the amount provided above as of the date of employee’s retirement depending on the employee’s date of hire as permitted by the Public Employee Pension Reform Act (PEPRA). Once a retired employee opts not to enroll in the City’s medical and/or dental insurance, he or she will not be allowed to re-enroll.
Section 5: Vacation Time
A. Accrual
Continuous Years of Service Vacation Hours Earned per Year 1st year thru 4th year 120
5th year thru 9th year 140
10th year thru 14th year 170
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15th year thru 24th year 185
25th year and more 190
Current active employees as of July 1, 2022, who have had a previous break in service with the City shall receive credit for any previous full-time City of Vernon service for the purpose of determining accrual of vacation leave.
B. Policy
VPMA employees may take all or part of their vacation in increments of one-fourth (1/4) hour or more, as determined by the Police Chief at their discretion with due regard for the wishes of the employee and the needs of the Department.
Any request will be honored only if, in the opinion of the Police Chief or designee, the staffing or service level on the day or days and at the times requested is adequate to permit granting such a request.
Vacation time provided for herein shall be accumulated from calendar year to calendar year, and shall be compensated for if not utilized during said period.
Section 6: “In Lieu” Holiday Time
VPMA employees shall receive one hundred and ten (110) “in lieu” holiday hours per calendar year). “In lieu” holidays will be credited to each employee on each July 1 in which they are on the active payroll, including those on “Light Duty”, of the Department in a classification represented by the VPMA and must be taken prior to the immediately following July 1.
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.
The following “In lieu” holidays will be credited to each employee on each July 1 in which he/she is on the active payroll of the Department, including those on “Light Duty,” in a classification represented by the VPMA, and must be taken prior to the immediately following July 1.
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. June 19th - Juneteenth
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7. July 4th – Independence Day
8. The first Monday in September – Labor Day
9. The second Monday in October – Indigenous Peoples’ Day
10. November 11th – Veterans Day
11. The 4th Thursday in November – Thanksgiving Day
12. December 24th – Christmas Eve
13. December 25th – Christmas Day
14. December 31st – New Year’s Eve
“In lieu” holidays may be taken in increments of one-fourth (1/4) hour or more, on dates desired by the employee subject to the needs of the Vernon Police Department. “In lieu” holidays, if not taken, shall not be paid for except if the employee was denied an opportunity to take them off during the calendar year for which such “in lieu” holidays were granted. In that case only, the employee shall be paid for said “in lieu” holidays not taken with their first possible payroll check on or after July 1 of the calendar year following the year for which the “in lieu” holidays were credited, at their then basic rate, excluding all other compensation, computed in accordance with the applicable Salary Resolution of Vernon. An employee who quits or is terminated shall not be entitled to any compensation for “in lieu” holidays not taken.
If the City Council, during the fiscal year, provides one or more additional holidays to the miscellaneous employees in addition to existing City Council approved those holidays provided for in Resolution No. 8764, VPMA employees shall receive the same number of any additional holidays. Any additional “in lieu” holiday time received by VPMA employees will be for a maximum of ten (10) hours per day received.
Section 7: Sick Leave
Full-time VPMA employees only receive sick leave accrual while they are in a paid status.
Employees shall accrue sick time at a rate of 3.08 hours per pay period (80 hour annually), with a maximum cap of 960 hours. Upon reaching the cap, full-time employees will continue to accrue sick leave provided; however, in February of each year all accrued sick leave in excess of 960 hours shall be cashed in at fifty percent (50%) of the employee’s regular rate of pay. Part-time and temporary VPMA employees (excluding CalPERS retired annuitants) working for 30 or more days within a year shall be entitled to accrue paid sick days at the rate of one (1) hour per every 30 hours worked. Employee shall only receive sick leave accrual while they are in a paid status.
If a VPMA employee separates or terminates employment with the City, they shall be compensated for any accrued sick leave hours at the time of separation not to exceed 960 hours. Employees that separate from service with more than 20 years of service credit shall be compensated at 100% of their current pay rate applied to the first 480 sick leave hours and 50% for their remaining hours up to the cap of 960 hours. Employees with less than 20 years of service shall be compensated at 50% of their then current pay rate up to the cap of 960 hours. Employees shall have the option of obtaining service credit for the accrued, unused sick leave hours instead of a cash payment pursuant to California Government Code Section 20965.
VPMA employees are expected to contact their supervisor or Department head as soon as possible to report a sick leave time off notification and provide appropriate information on the nature of the .
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illness or injury and the expected duration of the time off. Employees unable to report for duty due to an illness should be required to call in and notify the on-duty supervisor a minimum of 2 hours before they are due to start their shift.
A VPMA employee who is absent on sick leave for more than two (2) consecutive shifts shall be required by their supervisor to provide a doctor’s note in order to be paid for the sick leave.
Section 8: Bereavement Leave
When an employee is compelled to be absent from duty by reason of death or critical illness (where death appears imminent) of a member of the employee’s immediate family (father, mother, brother, sister, spouse, children, mother-in-law, father-in-law, step-parent-in-law, grandmother, grandfather, grandchildren, grandmother-in-law, grandfather-in-law, step-children, step-parents, step-sister, step-brother, step-grandchild, daughter-in-law, son-in-law, brother-in-law, sister-inlaw, or registered domestic partners), such person will be permitted, subject to the Chief of Police’s approval, to a leave of absence with pay for up to four (4) work days based upon the employee’s regular 4/10 work schedule, which may, but need not be, consecutive. An employee shall not be granted paid Bereavement Leave for more than 4 days in any six-month period for the same family member.
Employees will be allowed to utilize their vacation time, any compensatory time, or any “in lieu” holiday time that is due to the employee, in order to lengthen such bereavement time.
The employee shall furnish satisfactory evidence of such death or critical illness to the Chief of Police, if requested.
Section 9: Administrative Leave
Employee(s) occupying the classification of Police Captain, which is designated as “Exempt” for overtime purposes in accordance with the Fair Labor Standards Act (FLSA) executive exemption, shall receive sixty (60) hours of Administrative Leave annually as provided in the Citywide Fringe Benefits and Salary Resolution.
Section 10: Deferred Compensation
VPMA employees are eligible to participate in the City’s Deferred Compensation Program.
Section 11: Other City Employee Programs
VPMA employees are eligible to participate in all City sponsored programs passed by City Council Resolutions that are intended to benefit all employees in the areas of, but are not limited to, the following:
Buyback of military leave for PERS retirement time
Computer loan purchase plan
Supplemental Life insurance
Corrective eye surgery plan
Hearing aid device plan
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Tuition reimbursement plan
Family Medical Leave Act (FMLA)
ARTICLE EIGHT
WORK SCHEDULE AND ABSENCES
Section 1: Provisions
The Vernon Chief of Police at their sole discretion shall establish the work schedule.
Section 2: Work Schedule 3/12 Plan
Law Enforcement agencies are allowed to establish a work period of any length between seven (7) and twenty-eight (28) consecutive days. At the City, employees must work one hundred sixty (160) hours per twenty-eight (28) day cycle. In order to be compliant, VPMA employees assigned to patrol will work three (3), twelve and one half hour (12½) days per week with a ten (10) hours payback per month, without incurring any overtime.
In the event the City needs to adjust any work schedule, the City agrees that no such modification will be conducted without first notifying the effected employee a minimum of 10 days prior to the change, unless agreed to by the effected employee(s) and the Chief of Police or designee.
The City agrees to continue the 3/12 Plan for VPMA employees assigned to patrol, with the exception of specific assignments. The VPMA agrees that the City may, at its sole discretion and at any time, terminate the 3/12 Plan. The VPMA agrees that the termination of the 3/12 Plan is not subject to the grievance procedure or any other administrative review and that the 3/12 Plan is not and shall not become a vested right in any manner, and that a decision to terminate such 3/12 Plan is subject to the meet and confer process.
Section 3: Shift and Code Seven Policy:
Patrol personnel shall work a twelve- and-one-half (12½) hour shift. The first one-half hour shall be used for briefing and training purposes. Lunch time (Code 7) shall be part of the shift and is compensable.
Section 4: Shift Trades
The practice of shift trading shall be voluntary on behalf of each employee involved in the trade.
A shift trade must be pre-approved by a supervisor. The trade must be due to the employee’s desire or need to attend to a personal matter and not due to the department’s operations. The employee providing the trade shall not have their compensable hours increased as a result of the trade; nor shall the employee receiving the trade have their compensable hours decreased as a result of the trade.
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If one individual fails to appear for the other (regardless of the reason), the person who was scheduled as a result of the shift trade will be listed as absent without leave and may be subject to discipline.
Any premium pay or other extra compensation shall continue to accrue only to the person originally entitled to the premium pay or extra compensation. Any hours worked beyond the normal work day will be credited to the individual actually doing the work. “Paybacks” of shift trade are the obligation of the two employees involved in the trade. “Paybacks” are to be completed within one (1) calendar year of the date of the initial shift trade.
Any dispute as to the “paybacks” is to be resolved by the involved employees, and under no circumstances will the department be obligated for any further compensation whatsoever to any of the involved employees. The department is not responsible in any manner for hours owed to employees by other employees that leave the employment of the City or are assigned other duties.
A record of all initial shift trades and “paybacks’ shall be maintained by the involved employees on forms provided by the Department.
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ARTICLE NINE
GRIEVANCE PROCEDURE
A. GRIEVANCE DEFINITION
A grievance shall be defined as an allegation by an employee or the Association of a misinterpretation, misapplication, or violation of a particular provision of this MOU, City policy, rule, or past practice. The grievance procedure shall not be used in connection with an impasse in collective bargaining, nor with disciplinary actions or other matters for which appeal procedures exist under the Discipline and Disciplinary Actions article herein, or pursuant to statute.
DAYS
Days shall be defined for the purposes of this Article as any day in which the City Hall is open to the public for the general conduct of business.
Step One - Immediate Supervisor
Within fifteen (15) days of the date the employee(s) knew or reasonably should have known of the incident giving rise to the grievance, the employee(s) or the Association shall initiate the grievance procedure by explaining the situation orally or in writing to the immediate supervisor of the affected employee(s). The Association and/or employee(s) waives the right to proceed with the grievance if the grievant does not initiate the procedure by this deadline. After the presentation of the grievance to the supervisor, the supervisor shall make a decision and present their decision, in writing, to the Association and employee(s) within five (5) days.
Step Two - Department Head
If the Association or employee(s) is not satisfied with the decision of the immediate supervisor, the grievant(s) shall present the grievance, in writing, to the Chief of Police within ten (10) days of the decision of the immediate supervisor. The Association and/or employee(s) waives the right to proceed with the grievance if the grievant(s) does not act by this deadline. Within five (5) days, the Chief of Police or designee, shall meet with the Association and employee(s) to hear the grievance. Within five (5) days of hearing the grievance, the Chief of Police or designee shall present their decision, in writing, to the Association and employee(s), with copies to the Human Resources Director and the City Administrator.
Step Three - City Administrator/Advisory Arbitration
If the Association or employee(s) is not satisfied with the result of the meeting with the Chief of Police, the grievant may request the matter be heard by the City Administrator or designee, or the Association may choose to have the matter heard by an impartial hearing officer (arbitrator).
Should the matter be submitted directly to the City Administrator or designee, the City Administrator shall meet with the Association and/or employee(s) within eight (8) days of receipt of the grievant’ s written notice. If the Association and/or employee(s) elects to have the matter .
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heard by the City Administrator or designee, the Association and/or employee(s) waives the right to have the matter heard by an arbitrator. Within eight (8) days of hearing the grievance, the City Administrator shall provide a decision, in writing, to the Association and employee(s). The decision of the City Administrator shall be final and binding, subject to the option of the employee to bring a proceeding pursuant to Code of Civil Procedure sections 1094.5 and 1094.6.
If the Association elects arbitration, costs of the arbitration shall be shared equally between the Association and the City. A court reporter shall be retained only by mutual consent of the parties.
The costs of the arbitration, including the court reporter, shall be divided in half (i.e. 50/50) by the parties. Attorney fees, staff time and witness fees shall not be shared between the parties and shall be paid by the party that incurred the cost. If only one party wishes to retain a court reporter, the requesting party shall bear the cost of said reporter.
If the Association elects arbitration, the City shall request a list of seven (7) arbitrators registered with the American Arbitration Association, California State Conciliation Service or some other mutually agreed upon source within ten (10) days of the Association’s request. If the parties are unable to agree on an arbitrator from that list, an arbitrator will be selected by the parties alternately striking names from the list until only one (1) name remains. The selected arbitrator shall serve as the hearing officer. All arbitration proceedings arising under the Grievance procedure shall be governed by the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the California Government Code.
Within eight (8) days of receipt of the arbitrator's recommendation, the City Administrator shall provide a final decision, in writing, to the Association and employee(s). The recommendation of an arbitrator shall be advisory to the City Administrator or designee. The decision of the City Administrator shall be final and binding, subject to the option of the employee to bring a proceeding pursuant to Code of Civil Procedure sections 1094.5 and 1094.6.
All time limits specified in the foregoing procedure may be waived only by mutual written agreement.
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ARTICLE TEN
DISCIPLINE PROCEDURE
A. DISCIPLINARY ACTIONS
The tenure of every City employee shall be based on reasonable standards of personal conduct and job performance. Failure to meet such standards shall be grounds for appropriate disciplinary action, which shall be commensurate with the seriousness of the offense and with consideration of the employee’s personnel file. Progressive discipline will be used; however, this does not preclude the City from taking disciplinary action, up to and including termination, for an incident for which there is no prior documentation as long as the disciplinary action is warranted and is based on just cause.
The procedures herein shall be followed when, in the judgment of the Chief of Police, an employee has committed an act or omission that justifies discipline. The Chief of Police or 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 Association with all written notices of discipline given to employees represented by Association. The written notice of discipline will also inform the employee that they have the right to consult with the Association with regard to the disciplinary action being taken.
Nothing in this article shall preclude the Chief of Police or designee from ordering a public safety officer to cooperate with other agencies involved in criminal investigations, except where the public safety officer may be the focus of the investigation. If an officer fails to comply with such an order, the officer may be officially charged with insubordination.
B. VERBAL OR WRITTEN REPRIMAND PROCEDURES/APPEALS
Any sworn employee having received a verbal or written reprimand shall be entitled to the following appeal procedure; this will be the sole and exclusive procedure afforded to employees for appealing disciplinary action consisting of a written reprimand or less. Subsection (D) (PreDisciplinary Procedures), and Subsection (E) (Disciplinary Appeal Procedures), herein shall not apply to disciplinary action consisting of a verbal or written reprimand. This appeal process shall not be applicable to performance evaluations.
Days shall be defined for the purposes of this Article as any day in which the City Hall is open to the public for the general conduct of business.
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Within ten (10) days of the employee’s receipt of the verbal or written reprimand, the employee may request in writing a meeting with the supervisor who issued the reprimand. Failure to request a meeting within ten (10) days will constitute a waiver of the employee’s right to respond. The employee’s appeal may be made verbally or in writing. After the meeting or receipt of the employee’s written appeal, the supervisor will have ten (10) days to respond to the employee in writing.
If the matter is not resolved to the affected employee’s satisfaction, the employee may seek review of the supervisor’s decision by submitting a written request to the Chief of Police or designee within ten (10) days of receipt of the supervisor’s decision. The determination of the Chief of Police or designee is final and binding, subject to the option of the employee to bring a proceeding pursuant to Code of Civil Procedure sections 1094.5 and 1094.6.
C. PRE-DISCIPLINARY PROCEDURES
Prior to the suspension, demotion, reduction in pay or dismissal of any permanent employee for disciplinary purposes, the following procedures shall be followed:
Written Notice of Proposed Action
Written notice of the proposed disciplinary action shall be given to the employee. Such notice shall include the proposed effective date of the discipline, a statement of the reason(s) for the proposed action, including the rule or standard of conduct allegedly violated, the proposed discipline and the charge(s) being considered.
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 they believe the proposed action to be inappropriate. The employee shall have a reasonable amount of time to respond, which shall not be fewer than ten (10) days. This date may be adjusted by mutual agreement. Failure to respond by the assigned date will constitute a waiver of the right to respond. Any response will be fully considered before any final action is decided upon.
The Pre-Disciplinary Conference does not need to be an evidentiary hearing. An employee has the right to have a representative of their 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
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After consideration of the employee’s response, or in the absence of a response, written notice of the final disciplinary action shall be given to the employee. Such notice shall include essentially the same information contained in the notice of proposed action, except that the employee’s formal appeal rights shall be stated.
Emergencies
When, in the opinion of the City, immediate disciplinary action is required to protect the health, safety or welfare of the public, other employees or the employee himself, the employee may be suspended for up to five (5) days pending the processing of the notices required in Section C of this article or may be suspended with pay pending the completion of such investigations or hearings as may be required to determine if disciplinary action is to be taken. If the charges and/or allegations are not sustained, the employee suspended without pay shall be entitled to reinstatement with full back pay and benefits.
D. DISCIPLINARY APPEAL PROCEDURES
Major Discipline
Any permanent employee in the classified service shall have the right to appeal any dismissal, suspension of three (3) days or more, reduction in salary, or non-probationary demotion. The appeal process shall not be applicable to probationary employees. The appeal process shall not be applicable to performance evaluations, verbal and/or written reprimands.
An employee desiring to appeal the discipline shall have ten (10) days after receipt of proposed notice of discipline. The employee’s request for appeal must be addressed to the City Administrator and received in the Human Resources Department. The Human Resources Department shall date stamp the employee’s appeal to verify the timeliness of the appeal.
If, within the 10 day appeal period, the employee does not file the appeal, unless good cause for the failure is shown, the discipline shall be considered conclusive. If the employee files a timely appeal, an arbitration appeal hearing shall be established as follows:
1. The employee shall submit a written request to the Human Resources Department for advisory arbitration to the City Administrator or designee. The City and Association will share equally share (i.e. 50/50) the arbitration-related expenses, excluding attorney fees, expert witness(es) and staff time.
2. The City shall request a list of seven (7) arbitrators registered with the American Arbitration Association, California State Conciliation Service or some other agreed upon source within ten (10) days of the employee’s request. If the parties are unable to agree .
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on an arbitrator from that list, an arbitrator will be selected by the parties alternately striking names from the list until only one (1) name remains.
3. The selected arbitrator shall serve as the hearing officer.
4. All arbitration proceedings arising under this procedure shall be governed by the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the California Government Code.
5. All time limits specified in the procedure may be waived by mutual written agreement.
6. At the conclusion of the hearing, the arbitrator will submit their findings to the City and the employee. Within eight (8) days of receiving the arbitrator’s findings, the City Administrator shall provide a final decision, in writing, to the employee. The City Administrator’s decisions shall set forth which charges, if any, are sustained and the reasons therefor. The opinion shall set forth findings of fact and conclusions. The City Administrator’s decision is final, subject to the option of the employee to bring a proceeding pursuant to Code of Civil Procedure sections 1094.5 and 1094.6.
Minor Discipline
Any permanent employee shall have the right to appeal any suspension below the threshold of major discipline. This appeal process shall not apply to probationary employees.
If the issue cannot be resolved between the employee and the supervisor, the employee may, within ten (10) days from receiving notice of the proposed discipline, request and be granted an interview with the Chief of Police or designee in order to discuss the appeal.
The Chief of Police or designee shall render a decision in writing within fifteen (15) days of receiving the appeal. If the Chief of Police and employee are unable to arrive at a satisfactory solution, the employee may, within fifteen (15) days from the date of the decision by the Chief of Police, submit a written appeal to the City Administrator or designee. The City Administrator or designee will respond or schedule a meeting within fifteen (15) days. The City Administrator or designee shall render 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. The City Administrator’s decision shall set forth which charges, if any, are sustained and the reasons therefore. The opinion shall set forth findings of fact and conclusions. The decision of the City Administrator shall be final and binding, subject to the option of the employee to bring a proceeding pursuant to Code of Civil Procedure sections 1094.5 and 1094.6.
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ARTICLE ELEVEN
MANAGEMENT RIGHTS
Section 1. Exclusive Rights and Authority
In order to ensure that the City is able to carry out its functions and responsibilities imposed by law, the City has and will retain the exclusive right to manage and direct the performance of City services and the work force performing such services, subject to certain limitations contained elsewhere in this Memorandum of Understanding. Therefore, the following matters shall not be subject to the meet and confer process, but shall be within the exclusive authority of the City. The consideration of the merits, necessity, or organization of any service activity conducted by the City shall include, but not be limited to the City's right to:
A. Determine issues of public policy.
B. The exclusive right to determine the mission of its constituent departments, commissions, and boards.
C. Set standards and levels of service and to expand or diminish services.
D. Determine policies, procedures, and standards for selection, training, and promotion of employees.
E. Direct its employees.
F. Establish and enforce employee dress and grooming standards.
G. Determine the methods and means to relieve its employees from duty because of lack of work or other lawful reasons.
H. Maintain the efficiency of governmental operations.
I. Determine the methods, means and numbers and kinds of personnel by which government operations are to be conducted.
J. Determine the content and intent of the job classifications and, to develop new job classifications.
K. Determine methods of financing.
L. Determine style and/or types of city-issued wearing apparel, equipment, or technology to be used.
M. Determine and/or change the facilities, methods, technology, means, organizational structure and size and composition of the work force and allocate and assign work by which the City operations are to be conducted.
N. Determine and change the number of locations, relocations, and type of operations processes and materials to be used in carrying out all city functions, including, but not limited to, the right to contract for or subcontract any work or operations of the City.
O. Assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments upon reasonable notice.
P. Establish and modify productivity and performance programs and standards. .
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Q. Discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees in accordance with applicable state law.
R. Establish employee performance standards including, but not limited to, quality and quantity standards, and to require compliance therewith.
S. Take all necessary actions to carry out its mission in emergencies.
T. Exercise complete control and discretion over its organization and the technology of performing its work.
The Association recognizes that the City has and will continue to retain, whether exercised or not, the unilateral and exclusive right to operate, administer and manage its municipal services and work force performing those services in all respects, subject to this Memorandum of Understanding.
Section 2. Grievance on Impacts
The exclusive decision-making authority of the City Council on matters involving City rights and authority shall not be in any way, directly or indirectly, subject to the grievance procedure set forth in this Memorandum of Understanding. The employee may only grieve the impact of the exercise of exclusive City rights and authority that directly relate to matters within the scope of representation.
The City shall not be required to meet and confer in good faith on any subject preempted by federal or state law. The City shall meet and confer in good faith with the Association on all matters related to the salaries, fringe benefits and other terms and conditions of employment in accordance with the Meyers-Milias-Brown Act and/or Police Officers Bill of Rights.
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SIGNATURE PAGE
CITY OF VERNON VERNON POLICE
MANAGEMENT ASSOCIATION
Brian T. Saeki Nicholas J. Perez
City Administrator/“MERR” President
______________________________ ______________________________ Lisette M. Grizzelle Brandon A. Gray
Human Resources Program Manager Treasurer
______________________________ ______________________________ Alice Hui Gustavo S. Herrera
Director of Finance/City Treasurer Secretary
______________________________
Joaquin Leon
Deputy City Treasurer
______________________________
Lisa T. Wirtz
Human Resources Analyst
______________________________
Su Tan
Director of Human Resources
APPROVED AS TO FORM:
______________________________
Zaynah N. Moussa
City Attorney
APPROVED AND ADOPTED BY THE CITY COUNCIL ON , PER
RESOLUTION NO. .
Attest:
Dated:
Genoveva Rocha
City Clerk
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RESOLUTION NO. 2025-026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON
APPROVING THE MEMORANDUM OF UNDERSTANDING BY AND
BETWEEN THE CITY OF VERNON AND THE VERNON POLICE
OFFICERS’ BENEFIT ASSOCIATION FOR THE PERIOD OF JULY 1, 2025 THROUGH JUNE 30, 2028
SECTION 1. Recitals.
A. The Vernon Police Officers’ Benefit Association (VPOBA) has been recognized as an employee organization pursuant to Resolution No. 4027.
B. On July 19, 2022, the City Council of the City of Vernon adopted Resolution No. 2022-26 approving a Memorandum of Understanding by and between the City and the VPOBA, for the period of July 1, 2022 through June 30, 2025.
C. The City and the VPOBA have concluded labor negotiations regarding wages, benefits and working conditions for the period of July 1, 2025 through June 30, 2028.
D. Representative members of the VPOBA and the City have agreed to execute a Memorandum of Understanding (MOU) setting forth certain terms and conditions for employment of City of Vernon employees in classifications represented by the VPOBA, for the period of July 1, 2025 through June 30, 2028 (2025-2028 MOU).
E. The City Council desires to approve the 2025-2028 MOU.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS:
SECTION 2. The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct.
SECTION 3. The City Council of the City of Vernon hereby approves the Memorandum of Understanding between the City of Vernon and the Vernon Police Officers’ Benefit Association, in substantially the same form attached hereto as Exhibit A.
SECTION 4. The City Council of the City of Vernon hereby instructs the City Administrator, or his designee, to take whatever action is deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized, including but not limited to, any nonsubstantive changes to the 2025-2028 MOU attached herein.
SECTION 5. The City Council of the City of Vernon hereby directs the City Clerk, .
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or the City Clerk’s designee, to send a fully executed 2025-2028 MOU to Lorenzo Gaytan, President of the Vernon Police Officers’ Benefit Association.
SECTION 6. The City Clerk, or Deputy City Clerk, shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.
APPROVED AND ADOPTED September 2, 2025.
________________________
LETICIA LOPEZ, Mayor
ATTEST:
GENOVEVA ROCHA, City Clerk
APPROVED AS TO FORM:
ZAYNAH N. MOUSSA, City Attorney
Resolution No. 2025-026