MEMORANDUM OF UNDERSTANDING
TORRANCE RECURRENT RECREATION EMPLOYEES ORGANIZATION
(TRREO)
JANUARY 1, 2023 -JUNE 30, 2024
A MEMORANDUM OF UNDERSTANDING SETTING FORTH
THE HOURS, WAGES AND WORKING CONDITIONS FOR
EMPLOYEES REPRESENTED BY THE TORRANCE
RECURRENT RECREATION EMPLOYEES ORGANIZATION
(TRREO)
An Agreement of the undersigned representatives of the Torrance Recurrent Recreation Employees Organization (TRREO), and the representatives of the City of Torrance that:
The attached Resolution is recommended to the City Council for adoption in its entirety. It covers wages, hours and working conditions for the period of January 1, 2023 to June 30, 2024, and was reached through agreement of the undersigned parties.
Signed this 11 th day of April, 2023 .
Management TRREO
Isl John La Rock Isl Traci Fuentes
Isl Jamie Le Isl Charles Fredericks
RESOLUTION NO. 2023-31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TORRANCE, CALIFORNIA, SETTING FORTH WAGES,
HOURS AND WORKING CONDITIONS FOR EMPLOYEES
REPRESENTED BY THE TORRANCE RECURRENT
RECREATION EMPLOYEES (TRREO) FOR THE PERIOD
OF APRIL 9, 2023 THROUGH JUNE 30, 2024, AND
REPEALING RESOLUTION NO. 2018-90.
The City Council of the City of Torrance does hereby resolve as follows:
SECTION I
That Resolution No. 2018-90 is hereby repealed in its entirety.
SECTION II
The following resolution for Torrance Recurrent Recreation Employees {TRREO) is hereby approved in its entirety to read as follows:
Resolution 2023-31 TRREO MOU
SECTION 1 ................................................................................................................................. 1 SECTION 11 ................................................................................................................................ 1 ARTICLE 1 -INTRODUCTION .................................................................................................. 3 SECTION 1.1 PREAMBLE .................................................................................................... 3 ARTICLE 2 -COMPENSATION PROVISIONS .......................................................................... 3 SECTION 2.1 SALARY ......................................................................................................... 3 SECTION 2.2 METHODS OF COMPENSATION .................................................................. 3 SECTION 2.3 SALARY RATES AND JOB TITLES ............................................................... 4 ARTICLE 3 -SPECIAL COMPENSATION PROVISIONS .......................................................... 5 SECTION 3.1 OVERTIME COMPENSATION ....................................................................... 5 SECTION 3.2 MOVE-UP ASSIGNMENT .............................................................................. 6 SECTION 3.3 CANCELED PROGRAM/EVENTS .................................................................. 6 SECTION 3.4 MOVE-DOWN LANGUAGE ............................................................................ 7 ARTICLE 4 -SUPPLEMENTAL BENEFITS ............................................................................... 7 SECTION 4.1 UNIFORM PROVISIONS ................................................................................ 7 SECTION 4.2 BEREAVEMENT LEAVE ................................................................................ 8 SECTION 4.3 JURY DUTY ................................................................................................... 8 SECTION 4.4 HOLIDAY PAY ................................................................................................ 8 SECTION 4.5 SICK LEAVE ................................................................................................... 8 SECTION 4.6 DEFERRED COMPENSATION ...................................................................... 8 SECTION 4.7 EMPLOYEE INSURANCE ............................................................................... 9 ARTICLE 5 -WORKING CONDITIONS ..................................................................................... 9 SECTION 5.1 PERSONNEL ACTIONS ................................................................................. 9 SECTION 5.2 LAYOFF PROCEDURE ................................................................................. 10 SECTION 5.3 DIVISIONAL WORK OPTION ........................................................................ 10 SECTION 5.4 REST PERIODS ............................................................................................ 10 SECTION 5.5 LUNCH PERIODS ......................................................................................... 10 SECTION 5.6 INDUSTRIAL SAFETY .................................................................................. 10 ARTICLE 6 -GENERAL PROVISIONS ..................................................................................... 11 SECTION 6.1 EMPLOYEE INFORMATION ......................................................................... 11 SECTION 6.2 NON-DISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY AND DISCRIMINATORY HARASSMENT ...................................................................................... 11 SECTION 6.3 PERFORMANCE EVALUATION ................................................................... 11 ARTICLE 7 -GRIEVANCE ........................................................................................................ 11 SECTION 7.1 DEFINITION .................................................................................................. 11 SECTION 7.2 SCOPE .......................................................................................................... 11 SECTION 7.3 PROCEDURE. ............................................................................................... 12 SECTION 7.4 GENERAL PROVISIONS -GRIEVANCES .................................................... 13 ARTICLE 8 -SECURITY PROVISIONS .................................................................................... 13 SECTION 8.1 DUES CHECKOFF ........................................................................................ 13 SECTION 8.2 SECURITY PROVISIONS ............................................................................. 13 ARTICLE 9-NOTICES ............................................................................................................. 14 SECTION 9.1 NOTICES ...................................................................................................... 14 ARTICLE 10 -MISCELLANEOUS ............................................................................................. 15 SECTION 10.1 RELEASE TIME ........................... '. .............................................................. 15 SECTION 10.2 MEMBER RELATIONS ............................................................................... 16 ATTACHMENT A ...................................................................................................................... 19 Resolution 2023-31 2 TRREO MOU
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ARTICLE 1 -INTRODUCTION
SECTION 1.1 PREAMBLE
The following is the agreement regarding hours, wages, and working conditions between the representatives of Management and the Torrance Recurrent Recreation Employees Organization. Each section of this agreement shall be considered in its entirety and subsections shall be considered only in the context of sections as a whole.
ARTICLE 2 -COMPENSATION PROVISIONS
SECTION 2.1 SALARY
A) Starting Pay Rates
For those originally hired prior to July 1, 1992 and subsequently rehired thereafter, appointment shall be made at the hourly rate as prescribed for the pertaining job title in Salary Schedule A.
For those hired July 1, 1992, and thereafter, appointments shall be at step 1 of the hourly rate as prescribed for the pertaining job title in Salary Schedule B.
B) Rate of Pay on Promotion
For those hired prior to July 1, 1992, whenever an employee is promoted, the employee shall receive the hourly rate of compensation for the new job title in Salary Schedule A.
For those hired July 1, 1992, and thereafter, whenever an employee is promoted, the employee shall receive the base step of compensation for the new job title in Salary Schedule B or the step which provides the employee an increase in compensation.
C) Step Advancement
Those individuals hired July 1, 1992 and thereafter, shall be on a step program for compensation purposes as outlined in Salary Schedule B. Step advancement within job title shall be upon the completion of 1,000 hours. Whenever an employee is promoted they shall start at step one (1) of the new job title.
D) Employees hired before July 1, 1992, upon promotion shall remain with Salary Schedule A for the purpose of determining an hourly rate.
SECTION 2.2 METHODS OF COMPENSATION
The method and time of compensation payments shall be at the discretion of the City; provided, however, that compensation shall be computed and paid on a per-hour basis no less frequently than biweekly.
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SECTION 2.3 S ALARY RATES AND JOB TITLES
hedule A A) Salary Sc
For emplo
assigned t
yees hired before July 1, 1992, the following hourly salary rates are hereby o the positions of the following job titles:
Effective J anuary 1, 2023 :
Pay Ranges Rate Step 1
Aquatics Instructor Hourly $17.05
Instructor I Hourly $24.63
Instructor 11 Hourly $30.77
Lifeguard Hourly $16.54
Pool Manager Hourly $22 .87
Pool Manager, Assistant Hourly $18.45
Program Leader Hourly $16.54
Program Specialist Hourly $19.42
Senior Program Specialist Hourly $24.63
Pay Ranges Rate Step 1
Pool Locker Room Attendant Hourly $15.50
Pool Cashier -Clerk Hourly $15.50
Effective A pril 9, 2023:
Pay Ranges Rate Step 1
Aquatics Instructor Hourly $21.39
Instructor I Hourly $25.86
Instructor II Hourly $32.31
Lifeguard Hourly $20.88
Pool Manager Hourly $27.14
Pool Manager, Assistant Hourly $26.50
Program Leader Hourly $17.94
Program Specialist Hourly $20.37
Senior Program Specialist Hourly $25.85
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B) Salary Schedule B
For employees hired after July 1, 1992, the following hourly salary rates are hereby assigned to the positions of the following job titles:
Effective January 1, 2023
Pay Ranges Rate Step 1 Step 2 Step 3
Aquatics Instructor Hourly $15.50 $16.21 $17.05
Instructor I Hourly $22.33 $23.49 $24.63
Instructor 11 Hourly $27.93 $29.30 $30.77
Lifeguard Hourly $1550 $15.71 $16.54
Pool Manager Hourly $20.78 $21.78 $22.87
Pool Manager, Assistant Hourly $16.76 $17.60 $18.45
Program Leader Hourly $15.50 $15.75 $16.54
Program Specialist Hourly $17.60 $18.45 $19.42
Senior Program Specialist Hourly $22.33 $23.49 $24.63
Effective April 9, 2023 :
Pay Ranges Rate Step 1 Step 2 Step 3
Aquatics Instructor Hourly $19.40 $20.37 $21.39
Instructor I Hourly $23.45 $24.66 $25.86
Instructor 11 Hourly $29.33 $30.77 $32.31
Lifeguard Hourly $18.94 $19.89 $20.88
Pool Manager Hourly $24.62 $25.85 $27.14
Pool Manager, Assistant Hourly $24.03 $25.23 $26.50
Program Leader Hourly $16.28 $17.09 $17.94
Program Specialist Hourly $18.48 $19.40 $20.37
Senior Program Specialist Hourly $23.45 $24.62 $25.85
ARTICLE 3 -SPECIAL COMPENSATION PROVISIONS
SECTION 3.1 OVERTIME COMPENSATION
A) Employees covered by this Resolution shall be compensated by pay at the rate of one-and- one-half (1 ½) times the regular hourly rate of the employee for those hours worked in excess of forty (40) hours in any one week.
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B) Overtime shall be computed for actual time worked except that an employee called-out after regular working hours for emergency work shall be compensated at the regular overtime rate for a minimum of two (2) hours.
C) Employees under this Resolution who are assigned and work on observed holidays as defined by the City Hall Calendar shall be paid holiday pay at the rate of one-and-one-half (1 ½) regular hourly rate pay.
SECTION 3.2 MOVE-UP ASSIGNMENT
A) Objective
The objective of this section is to provide an equitable manner of paying employees for work done and responsibility assumed when that employee is moved-up to a higher classification during the temporary absence of another employee.
B) Assignment
When an assignment becomes temporarily vacant due to absence or termination, that assignment may be assigned to another employee by the Department Head or designee.
An employee may decline a move-up assignment.
C) Duration of Assignment
Any employee moved-up pursuant to this section shall remain in the higher job title until the incumbent returns to duty, subject to the following conditions:
1) Each such assignment shall not exceed 30 scheduled working days duration . 2) If the work is not performed in a satisfactory manner, the Department Head may remove the employee who has moved-up and replace them with another move-up assignment or leave the position unfilled.
D) Priority for Move-Up Assignments
Priority for move-up assignments shall be given to employees regularly employed in the next lower classification in the division where the vacancy occurs; otherwise to employees regularly employed in the lower classification.
E) Absence of Moved Up Employee
If a moved-up employee is absent, another employee may be assigned during such absence, subject to all provisions of this Article.
SECTION 3.3 CANCELED PROGRAM/EVENTS
Employee shall receive pay equal to one-half of the scheduled time in lieu of working a scheduled, but canceled, program or event if 8 hours prior notice of such cancellation has not been given; provided, however, that such pay shall not be applicable if the cancellation is due to an action beyond the City's control (such as fire, rain, civil disturbance).
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SECTION 3.4 MOVE-DOWN LANGUAGE
A) Objective
The objective of this section is to provide an opportunity for employees to be assigned to a lower classification when the Department Head or designee determines the need for an assignment in a lower classification.
B) Assignment
When an assignment becomes temporarily available, that assignment may be offered to a current employee in a higher classification by the Department Head or designee. An employee may decline a move-down assignment.
C) Duration of Assignment
Any employee moved-down pursuant to this section shall remain in the lower job classification until the Department Head or designee determines the assignment has been completed.
1) Each such assignment shall not exceed 30 scheduled working days duration. 2) If the work is not performed in a satisfactory manner the Department Head may remove the employee who has moved-down and replace them with another move-down assignment or leave the position unfilled.
D) Priority for Move-Down Assignment
Priority shall be given to any employee in a higher classification in the division where the vacancy occurs.
E) Absence of Moved-Down Employees
If a moved-down employee is absent, another employee may be assigned during such absence subject to all provision of this Article.
F) Move-Down Pay for Vacant Positions
An employee moved-down pursuant to this section shall be paid for all hours worked in the lower classification at the hourly salary rate of the highest step of the lower classification.
ARTICLE 4-SUPPLEMENTAL BENEFITS
SECTION 4.1 UNIFORM PROVISIONS
Where uniforms are required by the Department, such uniforms shall be provided for by the City (in the case of shirts, a minimum of two [2] on an annual basis). A failure to wear the required uniform shall be grounds for disciplinary actions.
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SECTION 4.2 BEREAVEMENT LEAVE
A) Each employee covered by this Resolution shall be entitled up to five (5) working days bereavement leave without pay. Bereavement leave is without penalty of loss of job.
B) Such bereavement leave shall apply to a death of a family member as defined by the California Family Rights Act.
SECTION 4.3 JURY DUTY
Any employee covered by this agreement who is summoned for jury service at any court during their scheduled hours of work will be entitled to regular compensation. Jury service fees other than mileage reimbursement must be deposited according to procedures as described in Administrative Rules in order to qualify for regular compensation. The amount of time allowed for jury service for an employee will correspond to the minimum time required by law.
SECTION 4.4 HOLIDAY PAY
Holiday pay equaling four (4) hours pay shall be paid for Christmas Day (December 25), New Year's Day (January 1 ), Martin Luther King, Jr.'s Birthday and Veteran's Day. To be eligible, an employee must work at least 12 hours during the pay period in which Christmas, New Year's Day, Martin Luther King Jr.'s Birthday, and Veteran's Day falls.
SECTION 4.5 SICK LEAVE
A) Employees covered by this resolution accrue at least one hour of paid sick leave for every 30 hours worked.
B) Employees covered by this Resolution may accrue up to 48 hours, and accrued hours rollover year to year.
C) Employees covered in this Resolution may use up to 48 hours of sick leave per year to care for themselves or family members as defined in the California Family Rights Act.
D) Sick Leave cannot be cashed out or deferred and holds no value in the event of separation from the City.
SECTION 4.6 DEFERRED COMPENSATION
A)
B)
C)
Employees covered by this Resolution who participate in the City's mandated deferred compensation plan under Plan "B," and who reach a total of $1,000 in the plan, will be able to avail themselves of more investment options.
Eligible incumbents as noted in a) must contact the City Treasurer's Office in order to begin participating in additional options. ·
TRREO will be notified of any citywide committee that discusses deferred compensation issues.
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D) TRREO may contact the City Treasurer in the event there are questions or suggestions regarding the deferred compensation plan, and at the discretion of the City Treasurer, may meet with the deferred compensation provider representative.
E) Upon separation from employment, employees covered by this Resolution may roll-over any available fund balances to a qualified IRA (Individual Account) plan.
SECTION 4.7 EMPLOYEE INSURANCE
In compliance with the provisions of the Affordable Care Act, an employee who works more than thirty (30) hours per week on a regular basis over twelve (12) months will receive City paid one- party part-time health insurance.
A. Medical Insurance
1. The City shall pay the applicable monthly PERS minimum contribution per employee for active health insurance. The PERS minimum contribution can only apply toward the health insurance plans.
2. Active Employees: In addition to the PERS minimum contribution the City shall provide active employees with an additional contribution, which may be used by the employee to pay for approved health insurance plan premiums ("Cafeteria Contribution"). The aggregate amount of the Cafeteria Contribution and the PERS minimum contribution shall be referred to as the "City Contribution." The Cafeteria Contribution will be calculated by deducting the applicable PERS minimum contribution from the total City Contribution. The City Contribution cannot be taken in cash and will only be made by the City to the extent of the eligible employee's election of insurance pursuant to the limitations in this Section 4. 7. Employees may opt-out of the City-offered benefits.
Effective January 1, 2023, the City Contribution is $383.66 for single-party coverage.
The Cafeteria Contribution can be calculated by subtracting the current PERS minimum contribution from the City Contribution (see below).
One-Party
$383.66 less -the
City Cafeteria Contribution PERS minimum
contribution
ARTICLE 5 -WORKING CONDITIONS
SECTION 5.1 PERSONNEL ACTIONS
A) Each employee covered by this Resolution shall receive a copy of all actions pertaining to them taken by the supervisor, the Department, qr the City.
B) Representatives of TRREO shall be consulted regarding all policy making decisions covering salary, wages, and other conditions of employment.
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C) Advance notice of all such meetings shall be presented to TRREO so that proper arrangements can be made for attendance. When attending said meetings, the employees representing TRREO shall be compensated at their regular hourly rate.
SECTION 5.2 LAYOFF PROCEDURE
A) Reduction in Staff
Whenever in the judgment of the Community Services Department, it becomes necessary for a recurrent job assignment(s) to be eliminated, the Department Head may reduce staff and release the employees holding such assignment(s).
B) Recall
Employees so released shall be recalled for the job assignment held at the time of release.
If the recalled employee declines the assignment, the assignment shall be filled from within the Department based on seniority, availability, and specific job needs. If the vacancy cannot be filled from within the Department, the Department Head or his designee can proceed to recruit to fill the job assignment.
SECTION 5.3 DIVISIONAL WORK OPTION
Any employee covered by this Resolution may, with the Department Head approval, have the prerogative of working in more than one Division of the Department.
SECTION 5.4 REST PERIODS
Employees covered by this Resolution may be allowed fifteen (15) minutes rest period in accordance with Department Rules for each four (4) hours of continuous work. In such cases:
A) These rest periods will not be taken at the beginning or end of a work shift.
B) Rest periods may not be accumulated, nor shall such rest periods have any monetary value if unused.
SECTION 5.5 LUNCH PERIODS
Employees covered by this Resolution, when working more than four (4) hours in one day, may be entitled to a daily unpaid lunch period not to exceed one half-hour subject to Departmental Rules.
SECTION 5.6 INDUSTRIAL SAFETY
It is the responsibility of the City to make every reasonable effort to provide and maintain a safe and healthy place of employment. It is the responsibility of TRREO to support employee conformance to the safety rules and administrative policies of the City relating to safety, health, and industrial injury.
Employees covered by this Part XV shall receive temporary disability pay pursuant to the California State Labor Code, Section 4656 as amended, when a job connected injury occurs.
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ARTICLE 6 -GENERAL PROVISIONS
SECTION 6.1 EMPLOYEE INFORMATION
The City will distribute information concerning the general welfare of the employees covered by this agreement by e-mail or hard copy bulletin. Information may be displayed on office bulletin boards. Upon adoption of this Memorandum of Understanding, the City agrees to distribute a copy to each employee represented by TRREO. The City will also provide each new employee with a copy.
SECTION 6.2 NON-DISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY AND
DISCRIMINATORY HARASSMENT
A) The City and TRREO support the concept of equal employment opportunity .
B) Neither the City nor TRREO shall discriminate on the basis of age, sex, marital status, disability, medical condition, race, color, national origin, religion, sexual orientation, union or non-union affiliation, or political affiliation.
C) The City and TRREO agree that they will work to ensure a working environment free of discriminatory harassment.
D) This section is expressly non-grievable. Any violation will be redressed through the City Discrimination policy.
SECTION 6.3 PERFORMANCE EVALUATION
A performance evaluation shall be provided to each employee at the conclusion of each assignment but no less than once a year. Such evaluation shall include an analysis of eligibility for rehire.
ARTICLE 7 -GRIEVANCE
SECTION 7.1 DEFINITION
A grievance is a complaint by one or more employees, concerning the application or interpretation of the provisions within the scope of this Resolution affecting employees' wages, hours and working conditions.
SECTION 7.2 SCOPE
This procedure shall be used to resolve every grievance for which no other methods of solution are required by law.
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SECTION 7.3 PROCEDURE
A) First Step: Supervisory Level
1) The aggrieved employee(s) and/or representative shall meet and consult with the employee's immediate full time supervisor;
2) The grievance may be presented orally or in writing.
B) Second Step: Division Head Level.
1) If the grievance is not resolved within two (2) working days of the proceedings in Step 1, the employee(s) may appeal to the Division Head.
2) Forms to file such a grievance are provided by the City . 3) The aggrieved employee(s) and/or representative shall meet and consult with the employee's Division Head.
C) Third Step: Department Head Level
1) If the grievance is not resolved within two (2) working days of completion of Step 2, the employee(s) may appeal to the Department Head.
2) Forms to file such a grievance are provided by the City. 3) The aggrieved employee(s) and/or representative shall meet and consult with the employee's Department Head .
D) Fourth Step : Advisory Arbitration
1) If the grievance is not resolved in Steps 1, 2, and 3, and involves demotion or discharge, the employee may within five (5) working days of completion of Step 3 present the grievance in writing to the Employee Relations/Human Resources Administrator for processing for Advisory Arbitration. Failure of the employee to take this action will constitute termination of the grievance.
2) The scope of advisory arbitration of grievance shall be limited to disciplinary discharge or demotion .
3) Within five (5) working days after receipt of an appeal, the City Manager shall call the parties together for the selection of the advisory board. 4) The advisory board shall be made up of one member chosen by management and another chosen by the aggrieved employee and a third who will be chairman. The third member of the board shall be impartial, and if the parties cannot agree upon the chairman, the chairman shall be selected from a list of nine (9) names submitted by the American Arbitrators' Association of the State Conciliation Service. If the agreement cannot be had from amongst these names , each of the parties shall strike names from the list in rotation until only one name remains, priority in striking shall be decided by a flip of a coin .
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5) The recommendation of the board shall be made to the City Manager and shall be only advisory. A copy shall be provided to the employee.
SECTION 7.4 GENERAL PROVISIONS-GRIEVANCES
A) All time periods specified in this section may be extended by mutual consent of the aggrieved employee(s) or his representatives and the management representatives involved.
B) A grievance shall be considered untimely if not presented by the employee within thirty (30) calendar days of the alleged grievance.
C) Written grievances shall be on a form provided by the City .
D) The aggrieved employee(s) and representatives shall be allowed reasonable time to participate in the grievance proceedings without loss of pay for the time so spent.
E) Cost of the arbitrator shall be shared equally by the City and the grieving employee.
ARTICLE 8 -SECURITY PROVISIONS
SECTION 8.1 DUES CHECKOFF
TRREO is authorized to use payroll deduction for collecting employee organization dues and insurance on a monthly basis.
SECTION 8.2 SECURITY PROVISIONS
A) The City will provide to TRREO a listing of all new employees, their classifications, departments and department/division telephone numbers within two weeks of their hire date.
B) The City shall deduct the dues, from every check issued during each pay period for each employee in the bargaining unit as specified by TRREO under the terms contained herein.
C) The City shall also apply this provision to every employee who transfers into this representation unit after November 14, 2006 within 60 calendar days of the transfer.
D) TRREO agrees to indemnify, defend and hold the City free and harmless from any and all liability and claims for damage by any persons including, but not limited to, employees in classifications covered by this agreement regarding this section. It is also agreed that neither any employee nor TRREO shall have made any claim against the City for any deductions made or not made, as the case may be, unless a claim of error is made in writing to the City within thirty (30) calendar days after the date such deduction were or should have been made.
E) Every employee represented by TRREO, upon hire by the City, shall be provided with a packet of information relevant to TRREO membership and organizational activities. Such packet, prepared by TRREO, shall include the name of the employee organization president, and shall be approved by the City for relevant content prior to distribution.
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F) TRREO shall keep adequate and itemized record of its financial transactions and shall make available annually to the City Clerk of the City of Torrance, and to all unit employees, within sixty (60) calendar days after the end of its fiscal year, a detailed written financial report thereof in the form of balance sheet and an operating statement, certified as to its accuracy by its president and the secretary-treasurer or corresponding principal officer, or by a certified public accountant.
ARTICLE 9 -NOTICES
SECTION 9.1 NOTICES
A) Notices to City
The address for all Notices (hereinafter defined) given by Association to City shall be:
City Manager's Office
City of Torrance
3031 Torrance Boulevard
Torrance, CA 90503
Attn: Chief Labor Negotiator
Fax: (310) 618-5891
B) Notices to Association
The address for all Notices hereunder given by City to Association shall be given in the following manner:
In January of each year the Association shall provide to the address shown in 9.1 (A) above a listing of the officers of the Association. Included in that listing are those officers that are to be noticed per this section. Included shall be the mailing or e-mail address or both to be used for that notice. A fax number may be given if available. The list of officers for notice shall be updated by the Association every six (6) months.
C) Effectiveness
Any and all notices, demands or other communications (Notices) required or desired to be given hereunder by either party shall be in writing and shall be validly given or made by any of the following methods:
1 ) By personal delivery
2) By fax if also deposited at the same time for delivery by U.S. Mail in the manner described in clause (iii)
3) By deposit in the U.S. Mail, certified or registered, postage prepaid 4) By delivery by a same day or overnight courier (e.g., FedEx, etc.) Resolution 2023-31 14 TRREO MOU
For Notices served personally or by courier, service shall be conclusively deemed made at the time of such personal service or refusal to accept service. Notice served by facsimile transmission shall conclusively be deemed to have been made as of the earlier of:
1) The first business day following the date of transmission to the fax number, if any, shown above, so long as the sender has reasonable confirmation of the receipt by the receiving fax machine of the fax transmission; or
2) The date of receipt or refusal of the concurrently mailed copy of the Notice.
If such Notice is transmitted by mail, such shall be deemed delivered upon actual delivery or refusal to accept delivery, addressed to the party to whom such Notice is to be given at the address set forth above. Any party hereto may change its address or facsimile number for the purpose of receiving Notices as herein provided by a written Notice given in the manner as outlined in Section 9.1.B above to the other party or parties hereto. By following the methods as outlined for Notice, it will constitute Notice given in accordance with this provision on the date received or refused.
ARTICLE 10 -MISCELLANEOUS
SECTION 10.1 RELEASE TIME
The City recognizes that employees and representatives of the Association are entitled by law to reasonable release time for many purposes. The purpose of this provision is to memorialize the parties' intent with respect to use of reasonable release time.
Use of release time is necessary for the Association to effectively operate; however, it is essential for efficient operations of City service that supervisors and managers are timely informed of the use of release time to ensure minimal impact to service delivery. For these reasons, the parties agree that release time will be provided in accordance with this article.
The parties agree that employees will utilize the form attached to this agreement as Attachment A to provide notice of their request to use release time. Release time will not be unreasonably denied.
A) Negotiations
If negotiations are set more than 48 hours in advance, employees are required to complete the Release Time form and submit it at least 48 hours in advance. If negotiations are set with less than 48 hours advance notice, employees are required to complete the Release Time form and submit it as soon as possible.
Employees will be provided with release time for the entire period of the negotiation session (including travel time from their worksite) as well as one-half (½) hour before and one (1) hour after.
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B) Hearings
Release time is available for time spent in hearings (e.g., PERB, discipline, grievances), preparing for hearings, and traveling to such hearings. It is expected that employees who are using release time for these purposes will complete and submit the Release Time form with sufficient notice to minimize impact to operations. If a hearing is set more than 48 hours in advance, employees are required to complete the Release Time form and submit it at least 48 hours in advance.
C) Meetings to Represent Employees
There are numerous situations where employees in the Association may seek representation, including, but not limited to, an Administrative Conference, investigation where the employee has a reasonable belief that the meeting may lead to the imposition of discipline, or other meetings where representation is legally appropriate. If such meetings are set more than 48 hours in advance, employees are required to complete the Release Time form and submit it at least 48 hours in advance. If such meetings are set with less than 48 hours advance notice, employees are required to complete the Release Time form and submit it as soon as possible.
D) Releases shall only be for those employees requiring release from actual scheduled hours of work.
SECTION 10.2 MEMBER RELATIONS
Every year on the first pay period of November, employees will be given a grocery certificate for $25.00 for groceries from the City and TRREO. The City will purchase the certificates and distribute the certificates and will include a joint letter of appreciation. City will provide TRREO with a payroll report which includes all employees with hours worked from the prior 12 months.
TRREO will confirm which employees will receive the grocery certificate prior to issuance.
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SECTION Ill SEVERABILITY
If any section, subsection, sentence, clause, or phrase of this Resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction such decision shall not affect the validity of the remaining portions of the Resolution. The City Council hereby declares that it would have passed this Resolution and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
INTRODUCED, APPROVED, and ADOPTED this 11 th day of April, 2023 .
Mayor of the City of Torrance
APPROVED AS TO FORM :
PATRICK Q. SULLI VAN , City Attorney
a ,a Y. Strader, Assistant City Attorney
ATTEST:
Rebe~
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TORRANCE CITY COUNCJL RESOLUTION NO. 2023-30
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF TORRANCE
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I, Rebecca Poirier, City Clerk of the City of Torrance, California, do hereby certify that the foregoing resolution was duly introduced, approved, and adopted by the City Council of the City of Torrance at a regular meeting of said Council held on the 11 th day of April 2023 by the following vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSTAIN : COUNCILMEMBERS
ABSENT: COUNCILME.MBERS
Date : ljj {),l(/7?:J
Resolution 2023-31
Kaji, Kalani, Lewis, Mattucci, Sheikh, and Mayor Chen
None.
None.
Griffiths.
Rebecca Poirier, MMC
City Clerk of the City of Torrance
18 TRREO MOU
ATTACHMENT A
REQUEST FOR RELEASE TIME FORM
In accordance with your MOU, the City and the Association have agreed to utilize this form for the use of all Release Time.
Instructions: Please e-mail this completed form to BOTH ReleaseTim [email protected] and your immediate supervisor.
Date : --------
Employee : ____________ _
DepartmenUDivision : _________________ _
Immediate Supervisor: ________________ _
Release Date(s) Requested: ______________ _
Scheduled Meeting Time(s):
Location of Meeting :
Purpose (check appropriate box):
□ Negotiations
□ Hearing
□ Meeting(s) to Represent Employees
D Executive Board Members (TME-TLEA-AFSCME only)
Employees on paid release time are required to ltmit their activities to matters within the course and scope of representation. The use of such time for personal or campaign activities is prohibited by law (California Government Code§ 8314).
Resolution 2023-31 19 TRREO MOU