RESOLUTIONS_2023-05-09_2023-44 — Torrance City Council, May 9, 2023

MEMORANDUM OF UNDERSTANDING
TORRANCE MUNICIPAL EMPLOYEES -AFSCME, LOCAL 1117
(TME-AFSCME}
2023-2024

A MEMORANDUM OF UNDERSTANDING SETTING FORTH THE HOURS,

WAGES AND WORKING CONDITIONS FOR EMPLOYEES REPRESENTED BY TORRANCE MUNICIPAL EMPLOYEES -AFSCME, LOCAL 1117
An agreement of the undersigned representatives of the Torrance Municipal Employees -AFSCME, Local 1117 and the representatives of the City of Torrance (City) 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 starting January 1, 2023 through June 30, 2024 and was reached through agreement of the undersigned parties.

The parties agree to commence negotiations for a successor MOU in 2024, so that an agreement can be reached prior to the expiration of this agreement. The City agrees that negotiations will commence within two months of the Union's request for information, but no earlier than January 1, 2024.

Signed this 9th day of May 2023 .

Management
ls/Jamie Le
/s/ Aram Chaparyan

TME-AFSCME
/s/ David Inez
/s/ Kenny Evans

RESOLUTION NO. 2023-44

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TORRANCE, CALIFORNIA, SETTING FORTH HOURS,

WAGES AND WORKING CONDITIONS FOR EMPLOYEES

REPRESENTED BY THE TORRANCE MUNICIPAL
EMPLOYEES-AFSCME, LOCAL 1117, AND REPEALING
RESOLUTION NO. 2019-38
The City Council of the City of Torrance does hereby resolve as follows:

SECTION I
That Resolution No. 2019-38 is hereby repealed in its entirety.

SECTION II
The following agreement between representatives of Management and the representatives of the Torrance Municipal Employees -AFSCME, Local 1117 is hereby approved in its entirety to read as follows.

Table of Contents
ARTICLE 1 -INTRODUCTION ....................................................................................... 1 SECTION 1.1 PREAMBLE .................................................................................................... 1 SECTION 1.2 MANAGEMENT RIGHTS ................................................................................ 1 SECTION 1.3 EMPLOYEE RIGHTS ..................................................................................... 1 SECTION 1.4 OBLIGATION TO MEET AND CONFER .......................................................... 2 ARTICLE 2 -COMPENSATION ..................................................................................... 3 SECTION 2 .1 SALARY RANGES AND CLASS TITLES ....................................................... 3 SECTION 2.2 BASE PAY RANGE ........................................................................................ 6 SECTION 2.3 SALARY ADVANCEMENT .............................................................................. 6 SECTION 2.4 RATE ON PROMOTION .................................................................................. 6 SECTION 2.5 LONGEVITY .................................................................................................... 7 SECTION 2.6 METHODS OF COMPENSATION .................................................................... 7 SECTION 2.7 CONTINUITY OF SERVICE ........................................................................... 7 SECTION 2.8 PERMANENT PART-TIME EMPLOYEES ........................................................ 7 ARTICLE 3 -SPECIAL COMPENSATION ...................................................................... 8 SECTION 3.1 PREMIUMS ..................................................................................................... 8 I
SECTION 3.2 MOVE-UP ASSIGNMENT ............................................................................ 14 SECTION 3.3 TEMPORARY APPOINTMENT ...................................................................... 16 SECTION 3.4 SUPERVISORY PAY POLICY ...................................................................... 16 SECTION 3.5 NIGHT SHIFT ............................................................................................... 16 SECTION 3.6 WEEKEND SHIFT ........................................................................................ 16 ARTICLE 4 -BENEFITS ............................................................................................... 17 SECTION 4.1 HOLIDAYS ................................................................................................... 17 SECTION 4.2 VACATION ................................................................................................... 19 SECTION 4.3 SICK LEAVE ................................................................................................. 20 SECTION 4.4 INDUSTRIAL INJURY LEAVE ...................................................................... 23 SECTION 4.5 LEAVES OF ABSENCE ................................................................................ 24 SECTION 4.6 BEREAVEMENT LEAVE .............................................................................. 27 SECTION 4.7 COMPASSIONATE LEAVE .......................................................................... 27 SECTION 4.8 JURY DUTY ................................................................................................. 27 SECTION 4.9 INSURANCE ............................... : ................................................................ 28 SECTION 4 .10 RETIREMENT ............................................................................................ 31 SECTION 4.11 UNIFORMS ................................................................................................ 32 SECTION 4.12 TOOL ALLOWANCE .................................................................................. 33 SECTION 4 .13 MEDICAL EXAMINATION/RECHECKS/INOCULATIONS .......................... 33

SECTION 4.14 SAFETY ..................................................................................................... 35 SECTION 4.15 DEFERRED COMPENSATION .................................................................. 36 SECTION 4 .16 LICENSES .................................................................................................. 37 SECTION 4 .17 MEMBER RELATIONS ................................................................................ 37 SECTION 4 .18 RELEASE TIME .......................................................................................... 37 ARTICLE 5 -HOURS OF WORK .................................................................................. 40 SECTION 5.1 NORMAL HOURS OF WORK ...................................................................... 40 SECTION 5.2 LUNCH ......................................................................................................... 40 SECTION 5.3 REST BREAKS ............................................................................................. 41 ARTICLE 6 -OVERTIME .............................................................................................. 41 SECTION 6.1 OVERTIME ................................................................................................... 41 SECTION 6.2 CALL-OUT ................................................................................................... 42 ARTICLE 7 -CONDITIONS OF EMPLOYMENT .......................................................... 43 SECTION 7 .1 PROBATIONARY PERIOD .......................................................................... .43 SECTION 7.2 DISCIPLINARY PROVISIONS ...................................................................... 43 SECTION 7.3 TRANSFER .................................................................................................... 43 SECTION 7.4 LAYOFF PROVISIONS ................................................................................ .44 SECTION 7.5 INACTIVE STATUS ....................................................................................... 46 SECTION 7.6 CLASSIFICATION STUDIES ......................................................................... 46 SECTION 7 .7 PERSONNEL FILES ...................................................................................... 49 SECTION 7.8 WORK RULES ............................................................................................... 49 SECTION 7.9 USE OF CITY VEHICLE ............................................................................... .49 SECTION 7.10 SENIORITY .................................................................................................. 49 ARTICLE 8 -GRIEVANCES ......................................................................................... 50 SECTION 8.1 DEFINITION OF GRIEVANCE ..................................................................... 50 SECTION 8.2 SCOPE OF GRIEVANCE PROCEDURE ...................................................... 50 SECTION 8.3 THE GRIEVANCE PROCEDURE ................................................................. 50 SECTION 8.4 GENERAL GRIEVANCE PROVISIONS ........................................................ 51 SECTION 8.5 STEWARDS .................................................................................................. 52 ARTICLE 9 -GENERAL ................................................................................................ 53 SECTION 9.1 SECURITY PROVISIONS .............................................................................. 53 SECTION 9.2. NON-DISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY AND DISCRIMINATORY HARASSMENT ...................................................................................... 54 SECTION 9.3 JOB ACTION ................................................................................................ 54 SECTION 9.4 TRAINING .................................................................................................... 55 SECTION 9.5 EMPLOYEE RELATIONS LEAVE ................................................................ 55

SECTION 9.6 CIVIL SERVICE EXAMINATIONS ................................................................. 55 SECTION 9.7 WELFARE TO WORK ................................................................................... 56 SECTION 9.8 FAMILY-SCHOOL PARTNERSHIP LEAVE ................................................... 56 ARTICLE 10 -MISCELLANEOUS ................................................................................ 57 SECTION 10.1 MONTHLY MEETINGS ................................................................................ 57 SECTION 10.2 CONTINUED DISCUSSIONS ....................................................................... 57 ARTICLE 11 -NOTICE ................................................................................................. 58 SECTION 11.1 NOTICE ....................................................................................................... 58 ATTACHMENT A .......................................................................................................... 60 ATTACHMENT B .......................................................................................................... 63 ATTACHMENT C .......................................................................................................... 65 ATTACHMENT D .......................................................................................................... 66 ATTACHMENT E .......................................................................................................... 67 ATTACHMENT F ........................................................................................................... 69 I

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ARTICLE 1 -INTRODUCTION
SECTION 1.1 PREAMBLE
The following is the agreement regarding hours, wages and working conditions between the City of Torrance and TME-AFSCME, Local 1117.

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.

SECTION 1.2 MANAGEMENT RIGHTS
The City shall have the exclusive right to determine the mission of each of its departments, commissions, boards and agencies, set levels of services to be performed, direct its employees, exercise control and discretion over its organization and operations and determine the methods, means and personnel by which the City's operations are to be conducted, and the levels of services met, and carry out its mission in emergencies, provided, however, that the exercise of these rights does not preclude employees and their representatives from consulting or raising grievances about the practical consequences that decisions on these matters may have on wages, hours and other terms and conditions of employment.

SECTION 1.3 EMPLOYEE RIGHTS
The City shall not hinder or discipline employees for exercising any rights or benefits provided in this agreement or by State or Federal laws or Municipal Code provisions.

The City shall not hinder employees for exercising any right of representation provided by law.

Employees covered by this agreement may have a representative present at administrative hearings convened to receive and review all recommendations for disciplinary suspensions, demotions or discharges resulting from misconduct, incompetence, inefficiency, failure to perform duties or to observe the rules and regulations of the department or of the City, and felony charges.

Employees covered by this agreement may also have a representative present at an investigatory interview which may result in discipline against the employee.

Resolution 2023-44 1 TME-AFSCME

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SECTION 1.4 OBLIGATION TO MEET AND CONFER
Although nothing in this agreement shall preclude the parties from mutually agreeing to meet and confer on any subject within the scope of representation during the term of this agreement, it is understood and agreed that neither party may require the other party to meet and confer on any subject matter covered herein or with respect to any other matter within the scope of representation during the term of this agreement. The parties agree to meet and confer on the items listed in Section below during the term of this agreement. There is no guarantee that any of these items will be implemented during the life of this agreement. • Holiday Pay Calendar Guide
• Comprehensive Class & Comp
• Uniform Language
• Release Time Language
• Building Maintainer Premiums
• Torrance Municipal Code Changes
• Modifications to Department Work Rules
• Premium Pay for new Computer Program requirements for Storekeeper Classification • Lead Jailer Premium (PSO/PSD Bilingual Pay)
• Transit Work Rules
• Establish Labor-Management Committee (LMC) to collaboratively explore solutions to the existing gaps between employee benefit contributions, out of pocket expenses , and coverage features.
• 2.3.b Accelerated Step Advancement Language
Resolution 2023-44 2 TME-AFSCME

ARTICLE 2-COMPENSATION
SECTION 2.1 SALARY RANGES AND CLASS TITLES
A. The following salary ranges are assigned to classes covered by this MOU effective January 1, 2023

CRAFTS & TRADES-BASE HOURLY PAY RANGE
Pay Ranges Basis 1 2 3 4 5 6 7 a l
Air Condition/Heat Technician Hourly 29 .03 30.49 32 .11 33.59 35.30 37.05 38.91 Airport Worker Hourly 20.01 21.01 22.07 23.17 24.33 25.54 26.81 Animal Control Officer** Hourly 22.19 23.31 24.48 25.70 27.00 Aoorentice Relief Bus Oper/Trn* Hourly 18.11 19.02
Building Maintainer Hourly 24.57 25.79 27.07 28.43
Building Maintainer, Sr Hourly 29.03 30.49 32.01 33.59 35.30 Bus Ooerator Hourly 22.72 23.86 25 .05 26.30 27.62
Cement Finisher Hourly 27.46 28.84 30.28
Computer Oper Technician Hourly 23.49 24.67 25.87 27.18 28.53 Custodian Hourly 17.01 17.87 18.72 19.55 20.66
Custodian, Senior Hourly 23.14 24.32 25.53
Electrician Hourly 30 .56 32.11 33.70
Electrician Helper Hourly 19.18 20.16 21 .14 22.22 23.32 Equipment Attendant Hourly 18.70 19.63 20 .64 21.58 22.68 Equipment Operator Hourly 24.90 26.13 27.43
Irrigation Systems Technician Hourly 24.70 25.93 27 .22 28.56 Lead Airport Worker Hourly 28.15 29.57 31.03 32.59
Lead Maintenance Worker Hourly 22.98 24.13 25.34 26.61 27.96 Maintenance Worker Hourly 17.03 17.89 18.80 19.72 20.70 21.75 Mechanic Hourly 25.44 26.74 28.05
Mechanic, Senior Hourly 31.55 33.17 34.83
Pest Control Technician Hourly 24.70 25.93 27.22 28.56
Police Services Officer Hourly 23.54 24.68 25.95 26.58 27.22 Public Safety Dispatcher** Hourly 25.32 26.58 27.90 29.31 30.78 32 .30 33.92 35.62 Relief Bus Operator*** Hourly 20.06 21.06
Sanitation Equipment Operator Hourly 23 .70 24.90 26 .13 27.43 Senior Transit Mechanic Hourly 31.55 33.17 34 ,83 35.73 36.68 Storekeeper Hourly 20.46 21 .51 22.57 23 .69 24.89
Storekeeper, Auto Parts Hourly 22 .20 23.30 24.46 25.68 I !
Telecommunications Tech Hourly 25.53 26.81 28.14 29.27 31.03 ! Traffic Painter Hourly 23.74 24.94 26.15 I
Traffic Signal Technician Hourly 32.11 33.70 35.39 37.15 39.01 L Transit Dispatcher Hourly 28.98 30.43 31 .95
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Pay Ranges Basis 1 2 3 4 5 8 7
Transit Equipment Attendant Hourly 18.70 19 .63 20.64 21.58 22 .68 Transit Mechanic Hourly 25.44 26 .74 28.05 28 .95 29.67 Tree Trimmer Hourly 22.84 23.99 25.15
Wastewater Technician Hourly 23.70 24 .90 26.13 27.43
Water Service Intern" Hourly 22.62 23 .78 24.94 26.19
Water System Operator I Hourly 30.31 31 .83 33.44 35.11 Water System Operator II Hourly 33.44 35 .11 36 .87 38.71 Water System Operator Ill Hourly 38 .72 40.68 42.71 44 .85 Welder, Senior Hourly 31.55 33 .17 34.83
Wireless Technician Hourly 29.58 31.00 32.57 34.20 35.90 This is an at-will classification. Advancement to Step 2 is contingent on completion of t~,e training program within three months of hire.

Employees in this classification are not eligible for benefits besides one-party health insurance per Section 4.9. Employees in this classification are not eligible to receive City-paid dental and vision Insurance.

Not eligible for longevity.

Classification entitled to receive PERS retirement benefits and one-party health insurance per Section 4 .9, no other benefits. When an RBO reaches Step 2, he/she shall be eligible to receive City-paid dental, and vision insurance .

Step advancement shall be subject to a recommendation of the Department Head and concurrence of the C::ity Manager based on a satisfactory performance evaluation
B. The following salary ranges are assigned to classes covered by this MOU effective May 7, 2023 Pay Ranges Basis Step 1 Step2 Step3 Step4 steps Step6 Step 7 Air Condition/Heat Technician Hourly $30.19 $31.71 $33.39 $34.93 $36.71 $38.53 $40.47 Airport Worker Hourly $21.08 $22.13 $23.24 $24.40 $25 .62 $26.90 $28.25 Animal Control Officer** Hourly $23.08 $24.24 $25.46 $26 .73 $28.08 Apprentice Relief Bus OperrTrn* Hourly $19.45 $20.42
Building Maintainer Hourly $25 .55 $26.82 $28.15 $29.57 Building Maintainer, Sr Hourly $30.19 $31.71 $33.29 $34.93 $36 .71 Bus Operator Hourly $27.24 $28.60 $30.03 $31 .53 $33.11 Cement Finisher Hourly $28.56 $29.99 $31.49
Computer Oper Technician Hourly $24.43 $25.66 $26.90 $28.27 $29.67 Custodian Hourly $17.69 $18.58 $19.47 $20.33 $21.49
Custodian, Senior Hourly $24.07 $25.29 $26 .55
Electrician Hourly $31 .78 $33 .39 $35 .05
Electrician Helper Hourly $19 .95 $20.97 $21.99 $23.11 $24 .25 Equipment Attendant Hourly $21.32 $22.38 $23.53 $24 .60 $25.86 $27.15 Equipment Operator Hourly $25.90 $27 .18 $28.53
Irrigation Systems Technician Hourly $25.69 $26.97 $28.31 $29 .70 Lead Airport Worker Hourly $26.81 $28.15 $29.57 $31.05 $32.60 $34.23 Lead Maintenance Worker Hourly $28.77 $30 .20 $31.71 $33.30 $34.96 $36.71 Lead Ranger Hourly $23.08 $24 .24 $25.46 $26 .73 $28.08 Maintenance Worker Hourly $18.76 $19 .70 $20.69 $21.72 $22.81 $23.95 $25.14 Resolution 2023-44 4 TME-AFSCME
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Pay Ranges Basl• Step 1 Step2 Step3 Step4 Step 5 Step& Step7 Mechanic Hourly $29.05 $30.51 $32 .03 $33.63 $35 .31
Mechanic, Senior Hourly $35.31 $37.08 $38.93 $40.88
Pest Control Technician Hourly $25.69 $26.97 $28.31 $29.70 Police Services Officer Hourly $24.15 $25.36 $26.63 $27.96 $29 .36 $30.83 Public Safety Dispatcher** Hourly $27 .97 $29 .37 $30 .84 $32 .38 $34 .00 $35.70 $37.48 Relief Bus Operator*** Hourly $23.97 $25.17
Sanitation Equipment Operator Hourly $27.26 $28.64 $30.05 $31.54 Senior Transit Mechanic Hourly $35.31 $37.08 $38.93 $40.88 Storekeeper Hourly $23.13 $24.29 $25.50 $26.78 $28 .11 $29.52 $31.00 Storekeeper, Auto Parts Hourly $25.17 $26.43 $27.75 $29.14 $30.59 $32.12 Telecommunications Tech Hourly $26.55 $27.88 $29.27 $30.44 $32.27 Traffic Painter Hourly $24.69 $25.94 $27.20
Traffic Signal Technician Hourly $33.39 $35.05 $36.81 $38.64 $40.57 Transit Dispatcher Hourly $34.77 $36.50 $38.33
Transit Equipment Attendant Hourly $21.32 $22.38 $23.53 $24.60 $25 .86 $27.15 Transit Mechanic Hourly $29.05 $30.51 $32.03 $33.63 $35.31 Tree Trimmer Hourly $23.75 $24.95 $26.16
Wastewater Technician Hourly $27.26 $28.64 $30 .05 $31.54 Water Service Intern" Hourly $23.52 $24.73 $25.94 $27.24 Water System Operator I Hourly $31.52 $33.10 $34.78 $36.51 Water System Operator II Hourly $34.78 $36.51 $38.34 $40.26 Water System Operator Ill Hourly $40 .27 $42 .31 $44.42 $46.64 Welder, Senior Hourly $30.05 $31.55 $33.13 $34.78 $36.52 $38.35 Wireless Technician Hourly $30.76 $32.24 $33.87 $35.57 $37.34 This is an at-will classification. Advancement to Step 2 is contingent on completion of the training program within three months of hire.

Employees in this classification are not eligible for benefits besides one-party health insurance per Sec:;tion 4.9. Employees in this classification are not eligible to receive City-paid dental and vision insurance. ** Not eligible for longevity.
*** Classification entitled to receive PERS retirement benefits and one-party health insurance per Section 4.9, no other benefits. When an RBO reaches Step 2, he/she shall be eligible to receive City-paid dental, and vision insurance .

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Step advancement shall be subject to a recommendation of the Department Head and concurrence of the City Manager based on a satisfactory performance evaluation
Equipment Attendant: Incumbents at current top step awarded new top step if at current top step greater than 12 months Lead Airport Worker: Crosswalk up 1 step; Incumbents at current top step awarded new top step if at current top step greater than 12 months
Lead Maintenance Worker: Incumbents at current top step awarded new top step if at current top step greater than 12 months
Maintenance Worker: Incumbents at current top step awarded new top step if at current top step greater than 12 months Police Services Officer: Incumbents at current top step awarded new top step if at current top step greater than 12 months Public Safety Dispatcher: Crosswalk down 1 step
Senior Transit Mechanic: Incumbents at current top step crosswalk down 1 step Storekeeper: Incumbents at current top step move up one step if at current top step greater than 12 months or move up two steps if at current step greater than 24 months
Storekeeper, Auto Parts: Incumbents at current top step move up one step if at current top step greater than 12 months or move up two steps if at current step greater than 24 months Transit Equipment Attendant: Incumbents at current top step awarded new top step if at current top step greater than 12 months
Welder, Senior Crosswalk up 1 step; Incumbents at current top step awarded new top step if at current top step greater than 12 months
Resolution 2023-44 5 TME-AFSCME

SECTION 2.2 BASE PAY RANGE
A. Definition
The base pay range shall be the actual hourly rate of pay for a particular classification without consideration of any premiums, longevity or extraordinary compensation as shown in Section 2.1.

B. Starting Pay Ranges
Original appointment shall normally be made at the first step of the base pay range. Upon recommendation of the Department Head, and approval of the City Manager, initial compensation may be at a higher step within the base pay range of the class, based on the outstanding and unusual character of the employee's experience and ability over and above the qualification requirements specified for the class, or a temporary shortage of applicants for the class involved, provided that, in the latter case, all current employees in the same class involved who are receiving less than the new initial compensation rate shall have their rates of pay adjusted to such rate.

C. Regular Pay
Regular Pay shall be that compensation which is used for calculating PERS contributions and for PERS retirement earnings.

SECTION 2.3 SALARY ADVANCEMENT
A. The base pay step advancement within a pay range shall be on the pay period closest to the anniversary date of required years of employment, to the maximum step of the base pay range.

B. Accelerated Step Advancement
A Department Head may recommend, with the concurrence of the City Manager, early advancement of a basic pay step on the basis of outstanding performance. The accelerated step will affect only the step being granted. Subsequent regular steps shall be given as though no early steps had occurred, unless another early step advancement is recommended.

SECTION 2.4 RATE ON PROMOTION
Whenever an employee is promoted from a class covered by this agreement, the employee shall receive the rate of compensation of the first step of the base pay range for the new classification or the lowest step of the base pay range that provides an increase of five percent (5%) whichever is the higher within the base pay range for the class.

Resolution 2023-44 6 TME-AFSCME

SECTION 2.5 LONGEVITY
A. Crafts and Trades employees covered by this agreement shall receive longevity pay in the following manner, except Public Safety Dispatcher and Animal Control Officer:

1. Beginning with the seventh (7 th ) year, two and one-half percent (2½%) over and above base pay.

2. Beginning with the eleventh (11 th ) year, five percent (5%) over and above base pay.

3. Beginning with the fifteenth (15th ) year, seven and one-half per cent (7½%) over and above base pay.

4. Beginning with the nineteenth (19th ) year, ten percent (10%) over and above base pay.

5. Longevity pay advancements shall start on the first day of the pay period closest to the anniversary date of the required years of continuous and total employment.

SECTION 2.6 METHODS OF COMPENSATION
Compensation shall be earned on an hourly basis and payments due shall be paid on a bi-weekly basis unless otherwise specified in this agreement. By mutual consent of the parties, more frequent payments and other modifications can be made.
• If significant errors on paychecks occur, employees may request from the Finance Department a corrected check outside of the normal payroll cycle.

SECTION 2. 7 CONTINUITY OF SERVICE
Service requirements for advancement within the pay range, longevity pay , extended steps, industrial injury leave, long-term disability, holidays and vacation shall be based on continuous and total employment as a regular employee.

A. Leaves of absence without pay of ten (10) working days or less and leaves with pay shall not interrupt continuous employment nor be deducted from total employment.

B. Leaves of absence without pay in excess of ten (10) working days, except for extended military leave, shall be deducted in computing total employment but shall not serve to interrupt continuous employment.

C. All unauthorized absences without leave shall be grounds for disciplinary action except where it can be shown that the employee could not respond due to a bona fide emergency (the employee shall not be paid for any such time not worked). Any unauthorized leave in excess of three (3) work days in any calendar month shall be deducted from total employment and may at the discretion of the City Manager interrupt continuity of employment.

SECTION 2.8 PERMANENT PART-TIME EMPLOYEES
Effective June 30, 1991, part-time permanent employees working 20 hours per week shall be entitled to all benefits as outlined in the Torrance Municipal Employees, AFSCME, Local 1117, Memorandum of Understanding. Benefits involving accrual of time and moneys shall be one half (½) the amount received by full-time employees (i.e., Section 4.9 Insurance; Section 4.11 Uniforms).

Resolution 2023-44 7 TME-AFSCME

ARTICLE 3 -SPECIAL COMPENSATION
SECTION 3.1 PREMIUMS
A. Employees assigned to work entailing specified duties which require skills and abilities not contemplated in the employee's normal assignments in the areas described in this section shall receive premium pay only while so assigned.

B. Assignment and Reassignments

1. Assignments and reassignments shall be made by the Department Head pursuant to departmental rules and regulations. Such assignments shall be subject to the approval of the City Manager.

2. Premium pay assignments shall be subject to budget limitations and levels of employment needed.

C. Removal of employees from premium pay assignments for disciplinary reasons, incompetence or the abolishing of positions shall be preceded by notice to employee organization representatives with the intent of precluding unfair actions.

D. Designated Assignments

1. Park Construction Work
Any Maintenance Worker and/or Lead Maintenance Worker assigned to duties on the Park Construction Crew under the assignment of the Lead Maintenance Worker and entailing craft level skilled trades shall be paid a premium of seventy-five cents (75¢) per hour.

2. Pest Control Technician Helper Assignment
A Maintenance Worker assigned to the Park Spraying Crew as a helper shall be paid a premium of seventy-five cents (75¢) per hour while so assigned.

3. Tire Technician Assignment
The Equipment Attendants primarily assigned to heavy duty tire work shall be paid a premium of seventy-five cents (75¢) per hour while so assigned.

4. Sprinkler and Backflow Assignment
a. This position is necessary to handle the large increase in the highly technical repair of automatic sprinkler system controllers , valves, and rotary heads, plus the testing and repairing of backflow prevention devices. The person who receives the seventy- five cents (75¢) per hour premium pay must have a valid Certificate of Competence issued by the Los Angeles County Health Officer certifying to the ability to test backflow devices. The premium pay would only be paid to the Water System Operator I while so assigned to assist the Water System Operator I (working title - Irrigation System Technician) who is regularly assigned to Irrigation Systems. A minimum of two (2) positions will be assigned to assist. The Department Head may increase the number of positions based on operational .demand.

Resolution 2023-44 8 TME-AFSCME

b. Water System Operator l's will be given an interest form to be considered for the assignment. All interested Water System Operator l's will be interviewed internally and, if accepted, will be rotated to assist.

5. Lead Jailer Assignment
The Police Services Officer assigned to the jail/front desk to provide lead control and review of work completed shall receive $1.25 per hour premium pay while so assigned. 6 . Police Services Officers assigned to the Jail/Front Desk shall receive seventy-five cents (75¢) per hour premium pay while so assigned. Upon the approval of the Police Department of the eligibility of an employee to receive bilingual pay, eligible Police Services Officers assigned to the front desk or jail shall receive a $50 per month premium while so assigned. The Police Department will arrange testing through the Torrance Police Department Bilingual Program.

7. Police Services Officers and Animal Control Officers who are required to provide training for new employees shall receive a premium pay of fifty cents (50¢) per hour while so assigned .

8. Senior Water Quality Inspector Assignment
The Water System Operator Ill who possesses the Cross Connection Control Specialist Certificate and who is assigned the coordinative responsibilities for water quality control shall receive a seven and one-half percent (7½%) premium while so assigned. The incumbent who receives this premium may use the working title Senior Water Quality Inspector.
9 . Mechanics and Senior Mechanics
a. A premium of 50¢ per hour shall be given to all Mechanics and Senior Mechanics who are in possession of a license from the State of California certifying completion of Smog Inspection License.
b. A premium of 20¢ per hour shall be given to all Equipment Attendants, Mechanics and Senior Mechanics who are in possession of a license from the State of California or ASE certificate certifying completion of a Lamp Adjustment License. c. A premium of 20¢ per hour shall be given to Equipment Attendants, Mechanics and Senior Mechanics who are in possession of a license from the State of California or ASE certificate certifying completion of a Brake Adjustment License.

10. Fire Apparatus Mechanic
a. Four Sr. Mechanics, in Fleet Service$, who have qualified in a departmentally approved course of study on aerial ladders and pumps unique to fire apparatus equipment, or Sr. Mechanics who are continuing their education in a departmentally approved course of study on equipment unique to fire apparatus shall receive a premium of 5%. The Department Head shall approve no more than four Sr.

Mechanics at any one time to receive the 5% premium as outlined in this paragraph.

Resolution 2023-44 9 TME-AFSCME

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b. The Sr. Mechanic whose primary work assignment is the fire apparatus stall shall receive a premium of 15% while so assigned. When the Sr. Mechanic normally assigned to the fire apparatus stall is absent, or when the workload so dictates, other Sr. Mechanics who have been certified capable by the Department Head shall receive the premium while so assigned.
c. Any participant in the fire apparatus premium program as noted in Section 1 0.a above will be approved for assignment based on class seniority in the department and by Department Head's certification of ability to perform the duties.

11. A premium of 2.5% shall be given to the Auto Parts Storekeeper in Transit for supervision of the warehouse.

12. A premium of 5% for Equipment Attendants in Transit for duties relating to city inspections as well as other vehicle inspection duties. A premium of 5% for Equipment Attendants in Fleet Services for duties relating to city inspections as well as other vehicle inspections. (Premium for Equipment Attendants in Fleet Services is for duties specifically related to inspections while so assigned and is effective January 1, 2008).

13. Bus Operators, Relief Bus Operators and Transit Dispatchers are eligible to receive a 2% premium for the completion of a course and test in customer relations. The test will be administered no earlier than six months from the date of hire or promotion into the classification and no later than 12 months from the date of hire or promotion into the classification.

14. Wireless Technician
A premium of 5% shall be given upon documentation the FCC General Radiotelephone Operator License is achieved .

15. Telecommunications Technician
A premium of 5% shall be given upon documentation that Certified Telecommunications Network Specialist (5) is achieved.

16. Water Certification Premiums
a. Water System Operator I
i. Upon documentation that Water Distribution License Grade 2 is achieved (2½%).
ii. Upon documentation that Water Distribution License Grade 3 is achieved (2½%).
b. Water System Operator II
i. Upon documentation that Water Distribution License Grade 3 is achieved (2½%).
ii. Upon documentation that Water Treatment Operator License Grade I is achieved (2½%).

Resolution 2023-44 10 TME-AFSCME

c. Water System Operator Ill
i. Upon documentation that Water Distribution License Grade 4 is achieved (3%). ii. Upon documentation that Water Distribution License Grade 5 is achieved (3½%).
d. Water Plant Operator Assignment
i. Public Works Water System Operator Ill's assigned as operator to the Goldsworthy Desalination Plant or other City water production facilities shall receive a seven-and one-half percent (7½%) assignment pay. The incumbent who receives this assignment pay may use the working title Water Plant Operator.
ii. Water System Operator Ill's will be given an interest form to be considered for the assignment. All interested Water System Operator Ill's will be interviewed internally and, if accepted, will be required to pass a competency test. The competency test may be given annually or at a minimum of every two years.

The test must be passed with a score of 70% or better and will contain both written and practical components. Test topics may include membrane replacement, clean in place procedures, safe handling of chemicals, pump operations, and/or any related topic to plant operations.

A minimum of two (2) positions will be assigned to the Water Plant and or other City water production facilities. The Department Head may increase the number of positions based on operational demand subject to employee passing the competency test. The Water Plan Operator Assignment pay will be effective upon parties reaching agreement on the format of the competency exam .

17. Custodians who work in the Civic Center Library on those designated Sundays during which the library is open during the school year shall be eligible for a "Sunday differential premium" of 10% for work on that day . This is in addition to normal overtime pay per Section 6.1 .

18. Public Safety Dispatchers
a. Upon proof of certification shall receive a 5% premium for acquInng and maintaining an Emergency Medical Dispatch (EMO) Certificate. This premium shall be suspended 60 days from expiration of certification and will not be reinstated until the employee provides proof of current certificate. b. Upon proof of certification shall receive a 5% premium for acqumng and maintaining a Peace Officers Standards and Training Dispatch (POST) Certificate.

This premium shall be suspended 60 days from expiration of certification and will not be reinstated until the employee provides proof of current certificate. c. Upon approval of the Police department of the eligibility of an employee to receive bilingual pay, the eligible employee shall receive $50 per month. c. Public Safety Dispatchers shall receive a 5% premium for training while so assigned .

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19. Commercial Driver's License Stipend
Employees in the classification of Maintenance Worker who are required by their Department Head to maintain a California Commercial Driver's License Class A or Class B shall be paid a stipend of $125 each six (6) months of employment payable during June and December of each year. Employees who are on the payroll effective the first pay period in June and December will be eligible for such benefit. Maintenance Workers and Water System Operator l's who are not required to maintain a California Commercial Driver's License Class A or Class B will qualify for the premium if they possess and maintain the appropriate license and receive approval from their Department Head.

Employees in other job classifications may be added to this section if proposed by either party and agreement of the added benefit is reached jointly both the Union and Management.

20. Collection System Maintenance Certificate
a. Wastewater Technicians who possess and maintain a Collection System Maintenance Grade 1 Certificate shall receive a 2.5% premium as designated. b. Wastewater Technicians who possess and maintain a Collection System Maintenance Grade 2 Certificate shall receive a 5% premium a_s designated (to a maximum of 5% for the Collection System Maintenance Certificate). c. Wastewater Technicians who possess and maintain a Collection System Maintenance Grade 3 Certification shall receive a 7.5% premium as designated. d. Wastewater Technicians who possess and maintain a Collection System Maintenance Grade 4 Certificate shall receive a 10% premium as designated (to a maximum of 10% for the Collection System Maintenance Certificate).

21. Qualified Applicator Certification
a. The Pest Control Technician who possesses a valid Qualified Applicator Certification shall receive a 2.5% premium. This will only be utilized so long as the State program requires a Qualified Applicator Certificate for spraying State and Federally restricted materials.
b. The Lead Maintenance Worker assigned to the Sea Air Golf Course who possesses a valid Qualified Applicator Certification shall receive a 2.5% premium.

This will only be utilized so long as the State program requires a Qualified Applicator Certificate for spraying State and Federally restricted materials.

22. Traffic Signal Technicians who possess and maintain a Traffic Signal Level II Certification -Signal Electrician Field issued by the International Municipal Signal Association shall receive a 2.5% premium as designated.

23. Irrigation Systems Assignment
Water System Operator I that is regularly a.?signed to Irrigation Systems shall receive a two and one-half percent (2½%) premium will so assigned. The incumbent who receives this premium may use the working title Irrigation Systems Technician.

24. Backflow Prevention Device Tester Certification
a. Water System Operator I assigned to Irrigation Systems assignment who possesses valid certification as a Backflow Prevention Device Tester from Los Angeles County Department of Health Services shall receive a two and one half percent (2½%) premium.

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b. An additional two (2) Water System Operator I incumbents will be eligible to receive the premium for certification and are designated to assist as reflected under Section

3.1 (D) 4. The Department Head may increase the number of positions based on operational demand.

25. Park Services Supervisor, Pest Control Technician, and Lead Maintenance Worker Premiums
a. The Park Services Pest Control Technician who provides training and technical guidance to Lead Maintenance Workers who assist with the application of pesticides shall receive a $1.00 per hour premium. The $1 .00 per hour premium will be for the full shift.
b. The Lead Maintenance worker who assists Qualified Applicators with the application of pesticides shall receive a $1.00 per hour premium. The $1.00 per hour premium will be for the full shift. This will only be utilized so long as the California Department of Pest Control Regulations or other State regulatory agency requires a Qualified Applicator Certificate for applying pesticides. c. The assisting Lead Maintenance Worker shall not handle pesticide classified as Restricted Use Materials.
d. Training, handling and application of pesticide shall be done In accordance with Title 3. Division 6 of the California Code of Regulations and all PPE will be provided by the Park Services Division.

26. Maintenance Workers working in Wastewater Premiums
a. Maintenance Workers working in Wastewater who possess and maintain a Collection System Maintenance Grade 1 Certificate shall receive a 2.5% premium as designated.
b. Maintenance Workers working in Wastewater who possess and maintain a Collection System Maintenance Grade 2 Certificate shall receive a 5% premium as designated.
c. Maintenance Workers working in Wastewater who possess and maintain a Collection System Maintenance Grade 3 Certificate shall receive a 7.5% premium as designated (to a maximum of 7.5% for the Collection System Maintenance Certificate).

27. Mowing Premium
a. Maintenance Worker(s) who volunteer to assist with mowing using riding mowers shall receive a $1/hour premium.
b. The $1/hour premium received by employees would apply to total hours worked during a mowing shift.
c. Signing up for the mowing assignment will be on a voluntary basis only. If several employees sign up, the same selection process that is used for Move Up per the MOU will be used for this assignment.

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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 responsibilities assumed when an employee is moved up to a higher classification during a temporary absence of another employee.

B. Assignment

1. When an employee is temporarily absent from his/her job, another employee may be assigned by the Department Head or his/her designee to do the work of the absent employee.

2. The assigned employee need not possess the minimum qualifications for the position of the absent employee.

3. An employee with a below standard evaluation the preceding six (6) month period will not be considered ( except where the performance evaluation is being formally appealed). In the absence of a performance evaluation for this period, the employees ' performance evaluation shall be considered standard. For purposes of this section. For purposes of this section, the employee's performance shall be considered standard if they have not received an evaluation for more than year.

4. The Department Head may permit the position to remain temporarily vacant, if, in his/her opinion, the public health, welfare and safety are not jeopardized.

5. An employee may decline a move-up assignment subject to Subsection E( 1) Priority 1 and Priority 2 below.

C. Duration of Assignment
Any employee moved up pursuant to this Section shall remain in the higher class until the incumbent returns to duty, subject to the following conditions:

1. Each such assignment shall not exceed duration of ninety (90) days .

2. If the work is not performed in a satisfactory manner, the Department Head may remove the employee who has moved up and move-up another employee to replace him/her or leave the position unfilled.

D. No Probationary Period Credit
Time served by an employee assigned to a higt,er class under the provisions of this Section shall not be credited toward that employee's probationary period in the higher class.

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E. Priority for Move-up Assignment

1. Move-up will be done on a seniority rotational basis as follows:
• Priority 1
If a current non-expired Civil Service list exists, priority will be given to those employees in the same Division regularly employed in a lower classification who are on the list. Offers will be made in the order the employees are ranked on the list. • Priority 2
If no current, non-expired Civil Service list exists, or the move-up cannot be filled using Priority 1, priority will be given to those regularly employed in the next lower classification on a seniority basis.
• Priority 3
In bona fide emergency situations, and when no volunteers are found using Priorities 1 and 2, move-up assignments may be mandatory through an inverse seniority assignment within that class, or can be made through the next lower classification at the sole discretion of the Department Head or his/her designee. 2 . For all move-up opportunities of more than fourteen (14) consecutive days, departments may use more than one person to fill the vacant position using this seniority rotational system.
3 . Employees will indicate their preference for being contacted for move-ups by filing a "move-up interest form" with their Division. This form will allow employees to freeze their name for all move-up opportunities, or to indicate communication preferences regarding move-up opportunities . In absence of a form on file, employees will be assumed to be interested in move-up opportunities, but will only be contacted while on duty using accepted City communication methods such as email, city radio , telephone or face to face.

F. Absence of Moved Up Employees
If a moved up employee is absent, another employee may be assigned during such absence , subject to all provisions of this Section.

G. Acting Department Heads
If a subordinate is not required by class specification to take charge of the department in the abs ence of the Depa rtment Hea d, the em ployee sha ll be paid duri ng all such move-up ass ignm ents fiv e perc ent (5%) over and ab ove ba se sa lary pay, prov ided, ho wever, that if the temporary absence of the Department Head continues in excess of thirty (30) consecutive days , the employee shall then be paid at the salary rate of the lowest step for such assigned position which is higher than the current base salary of that employee, to which shall be added earned longevity pay increments.

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H. Move-up Pay for Vacant Position

1. Except as provided in Subsection g), an employee moved up pursuant to this Section shall be paid for all days worked in the higher class at a salary rate of the lowest step of the class or the lowest step for such assigned position which will give the employee five percent (5%) more than the current base salary of that employee, whichever is the higher within the base pay range for the class, to which shall be added earned longevity pay increments.

2. For the purpose of this Section, one-half shift shall constitute a day.

3. Any assignment to a higher class of a half shift but less than a full shift requires the prior approval of the City Manager or designee.

4. The Department Head or designee must authorize move-up.

SECTION 3.3 TEMPORARY APPOINTMENT
Employees covered by this MOU will utilize the definition and practice for temporary appointments as outlined by Torrance Municipal Code Section 14.1.16.

SECTION 3.4 SUPERVISORY PAY POLICY
All supervisors covered by this agreement shall be paid at a higher rate than any of their 1 subordinates. A supervisor's salary rate shall be adjusted to that rate which will provide a pay of five (5%) percent higher than any subordinate's base pay (exclusive of special compensation or longevity pay) regardless of the supervisor's length of employment. This section shall not apply to move-up assignments.

SECTION 3.5 NIGHT SHIFT
Night Shift Differential
All full-time employees who are assigned night shifts, shall be paid as follows:
• Swing shift: Five percent (5%) over and above base pay (defined as½ or more of the shift is worked after 4:00 p.m.)
• Graveyard shift: Seven and one-half percent (7½%) over and above base pay (defined as½ or more of the shift is worked after midnight)
SECTION 3.6 WEEKEND SHIFT
Weekend Shift Differential
All employees in the Community Services Department, Park Services Division who are assigned weekend shifts, shall be paid as follows:
• Weekend shift: Five percent (5%) over and above base pay for hours worked on Saturdays and Sundays only.

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ARTICLE 4 -BENEFITS
SECTION 4.1 HOLIDAYS
A. For employees covered by this agreement the following days shall be considered holidays with pay:
• New Year's Day
• Martin Luther King Jr. Day
• Lincoln's Birthday
• Washington's Birthday
• Memorial Day
• Independence Day
• Labor Day
• Veterans Day
• Thanksgiving Day
• The Friday directly following Thanksgiving Day
• Last working day prior to Christmas Day
• Christmas Day
• Last working day prior to New Year's Day
B. Employees on a 5/40
When a holiday occurs on a Saturday, the day immediately preceding will be observed as the holiday. When a holiday occurs on Sunday, the day immediately following will be observed as a holiday. If a holiday falls on any other scheduled day off, the employee shall be scheduled another day off.

C. Holiday Work Pay
Employees shall receive pay as follows :

1. Emergency Work
Emergency work on any of the holidays expressly named in subsection a), shall be compensated as prescribed under Section 6.2 Call-out.

2. Scheduled Work
• Any employee scheduled to work on a holiday shall be compensated at the rate of one and one-half (1 ½) times the hourly composite rate. (This is in addition to the regular holiday pay.)
• All employees whose regular work week includes a Saturday and/or Sunday, a Saturday or Sunday holiday shall be compensated at one and ½ times the hourly composite rate.
• Composite rate includes base hourly rate plus specific premium pays .

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D. Value of Holidays

1. A holiday shall be the value of the normal work shift -either eight (8), nine (9), or ten (10) hours.

2. If a holiday falls on a 9/80 scheduled day off, the City will close and the employee will accrue nine (9) hours of holiday leave which will be added to the employee's vacation leave balance. If a holiday falls on a 4/10 scheduled day off, the City will close and the employee will accrue 10 hours of holiday leave which will be added to the employee's vacation leave balance.

3. If a holiday falls on an eight-hour, nine-hour or ten-hour work day, the City will close, and the employee will receive eight (8), nine (9) or ten (10) hours of holiday pay.

4. For those employees with weekends which consist of a Saturday and Sunday, the following shall apply:
a. If a holiday falls on a Saturday and the prior Friday is an eight (8), nine (9) or ten (10) hour work day in which the employee is scheduled to work, the City will close and the employee will be off work with eight (8), nine (9) or ten (10) hours holiday pay depending on their normal work shift.
b. If the holiday falls on a Saturday and the Friday before is the employee's 9/80 or 4/10 scheduled day off, the City will close on Friday and the employee will accrue eight (8), nine (9), or ten (10) hours holiday leave which will be added to the employee's vacation leave balance. Section 4.1.D.3 also applies c. If a holiday falls on a Sunday, the Monday following will be observed, the City will close, and the employee will be off work and receive eight (8), nine (9) or ten (10) hours of holiday pay depending on their normal work shift.

5. For those employees whose regularly scheduled weekends are other than Saturday and Sunday, the following shall apply:
a. If the holiday falls on any scheduled day off, the employee shall receive eight (8), nine (9) or ten (10) hours vacation leave.

6. If an employee is required to work a holiday specified in the employee's Memorandum of Understanding, the MOU language governing holiday worked will be used for computation of pay .

7. If an employee is scheduled to work on an actual calendar holiday which is not a City observed holiday date, he/she will be paid at time and one half for work on the actual holiday. In addition, he/she will receive eigbt (8), nine (9) or ten (10) hours holiday pay on the City observed holiday date or eight (8), nine (9) or ten (10) hours paid time, depending on departmental schedules.

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8 . Employees in the following job classifications who are required to work on observed holidays will be compensated at the rate of one and one-half (1 ½) times the hourly composite rate. Composite rate includes base hourly rate plus specific premium pays.

This compensation is PERSable to the extent of the employee's regular shift (either 8, 9 or 10 hours):
• Maintenance Worker (Sanitation Division)
• Lead Maintenance Worker (assigned to Park Services weekend shift} • Airport Worker
• Lead Airport Worker
• Public Safety Dispatcher
• Bus Operator
• Transit Dispatcher
• Police Services Officer (Services Division)
• Sanitation Equipment Operator
• Water System Operator Ill
SECTION 4.2 VACATION
A . Employees in classifications covered by this agreement shall earn vacation as follows:

1. At the rate of 9.33 hours per month of employment by each regular employee.

2. Commencing with the 3rd year of employment and until the completion of three (3) years of employment, at the rate of 10.00 hours per month of employment.

3. Commencing with the 4 th year of employment and until the completion of four (4) years of employment, at the rate of 10.67 hours per month of employment.

4. Commencing with the 5th year of employment and until the completion of nine (9) years of employment, at the rate of 12.67 hours per month of employment.

5. Commencing with the 10th year of employment and until the completion of twenty (20) years of employment, at the rate of 16.02 hours per month of employment.

6. Commencing with the 21 st year of employment, at the rate of 17.33 hours per month.

7. Commencing with the 25th year of employment, at the rate of 18.00 hours per month of employment.

B . Vacation Eligibility
Only probationary or permanent employees shall earn vacation and only while receiving compensation from or through the City and it shall be prorated on an hourly earned basis.

C . Scheduling
The time of taking vacation shall be determined by the employee with the approval of the Department Head, subject to review by the City Manager. An employee may take vacation only in increments of full days or shifts unless Department Head approval is given for smaller increments.

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For the purpose of scheduling vacation priority, any employee who has a position that is restructured or who promotes or moves from one division or department to another will transfer all seniority hours earned from the prior position or department to the new position, and new division .

D. Borrowing
An employee may borrow up to forty (40) hours of unearned vacation subject to the approval of his Department Head.

E. Maximum Accrual
An employee may accrue vacation up to the amount earned over the preceding thirty-six (36) months
F. Effect of Holidays
When an authorized holiday occurs during a vacation period, such days shall not be deducted from earned vacation.

G. Effect of Separation
Any borrowed vacation owed by a terminating employee shall be deducted from the employee's final pay, while any vacation owed to a terminating employee shall be added to the employee's final pay.

H. Two full work shifts of earned vacation per calendar year may be used for personal leave.

Such leave shall be asked for one (1) week in advance except in cases of bona fide emergency; the leave shall not be accruable from year to year, and if used , shall be deducted from earned vacation.

I. An employee may choose to receive cash or deferred income in lieu of vacation on an hour per hour basis to a maximum of eighty (80) hours. Such may be done once each fiscal year.

Such a request must be made twenty-eight (28) days before the desired date. Such cash out can only be done if it leaves at least forty (40) hours of accrued vacation.

An employee who has reached the point of maximum accrual of vacation hours shall cash out or defer up to an additional eighty (80) hours of accrued vacation time.

SECTION 4.3 SICK LEAVE
A. Sick Leave Use
An employee may use sick leave to care for themselves or family members in accordance with the California Family Rights Act. Such time shall be deducted from the existing sick leave of the employee.

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B. Accrual rate
Permanent and probationary employees shall be granted sick leave in the following manner:
• Six hours per month to a maximum of 600 hours accrued sick leave; • Eight hours per month for employees hired before July 1, 1975, except for employees who have selected NOT to be covered by the City's Long-Term Disability Plan.

C. Cash or deferred compensation options

1. The employee may select to cash or defer, in June or December of each year, to convert any sick leave granted but unused over three hundred (300) hours at the rate of one hour of pay for each hour of unused sick leave . Such payments will be made before June 15 or December 15 .

2. Any hours of sick leave which would have been granted over 600 hours accrued sick leave shall be converted into cash payable in June or December of each year on the basis of one hour pay for each hour of unused sick leave. An employee who wishes to defer this amount must submit a written request to the Finance Department no later than June 1 or December 1.

Employees who cash out sick leave in June and/or December under this section may convert one shift of sick leave that would have been cashed out and add it to vacation balance .

D. Sick Leave Standard

1. Use of sick leave shall not necessarily in and of itself constitute misuse. However, sick leave use not in accordance with the California Family Rights Act, exceeds standard usage , and/or has a predictable pattern, may initiate a review of sick leave usage. If it is determined that an employee has misused their sick leave , the employee shall be notified of any restrictions or requirements to be placed upon the employee's use of sick leave regarding notification or use of other accrued leaves in cases where there is insufficient sick leave available.

2. Components of the sick leave standard may include section/division/department sick leave utilization average, taking into consideration the number of incidents and the number of hours used, reoccurring sick leave use, depleted sick leave and/or other elements as reasonably established in the departmental work rules.

F. Notification of sickness

1. To receive compensation while absent on sick leave, employees shall notify the section/division/department in the manl)er provided in departmental rules and regulations stating the nature or reason for the absence.

2. An employee who has been counseled about sick leave usage within the preceding 12 months may be advised, as part of said counseling, that he/she will be required to furnish reasonable evidence, including a written statement from a medical professional, to substantiate any request for sick leave of two days or more.

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3. A department may require a written statement from a medical professional without prior counseling where the absence is greater than five consecutive work days or in cases where there is evidence of a specific violation of departmental work rules.

G. Return from sick leave

1. Upon return from sick leave, an employee may be required by the Department Head to report for examination by the City medical examiner to determine fitness for duty.

2. Provide verification as to fitness for duty from his/her personal physician .

H. Overtime rate after sick leave

1. In the event an employee is absent on sick leave during part of a week and subsequently is required to work on his/her regular day off, he/she shall be compensated in the same manner as for overtime. He/she may, however, be required to substantiate an illness by a written statement from an attending licensed physician or a personal affidavit.

2. Said provisions shall not apply where an employee is called out for emergency work after hours and the overtime rate shall apply regardless of sick leave taken during the week.
1 3. For the purposes of call-out, employees who are absent on sick leave will be placed in the position of least seniority on the day they are absent and will remain in that seniority ranking until they return to regular duty.

I. Effect of Separation

1. At the time of termination after the appropriate years of service an employee covered by this agreement shall have his/her accumulated sick leave converted by the City into cash or deferred income on the following basis:
a. For all employees at retirement, each hour of accumulated sick leave shall equal one hour pay.
b. Crafts & Trades employees, after five (5) years of employment, a terminating employee shall be able to convert accumulated sick leave to cash or deferred income on the following basis:
• Employees who have used less than eighty-nine percent (89%) of the possible accumulation of sick leave hours shall be cashed out at eighty percent (80%) of their current hourly rate.
• Employees who have maintained an accumulation of sick leave equal to fifty-six percent (56%) but less than eighty-nine percent (89%) shall be cashed out at sixty-five percent (65%) of their current hourly rate.
• Employees who have maintained an accumulation of sick leave of less than fifty- six percent (56%) of the possible accumulation shall be cashed out at fifty percent (50%) of their current hourly rate.

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2. Accumulated sick leave shall be converted into paid up life insurance on the basis that each hour of accumulated sick leave shall equal 100% of the hourly rate upon the death of an employee covered by this agreement regardless of years of service to be paid to the employee's beneficiary.

3. The annuity and the provisions of the annuity shall be specified by TME, subject to consultation with Management.

J . Depleted sick leave
Employees who have insufficient sick leave accrued to cover an absence may request the use of other accrued leaves , according to departmental work rules. If no other accrued leaves are granted, employees are required to apply for a leave of absence without pay at the earliest possible time; that is, at the beginning of the leave or immediately upon return to work. Failure to submit the request for leave will constitute unauthorized absence which could lead to disciplinary action. Such a request for leave shall not be unreasonably denied.

K. Personal Leave
Two work shifts of sick leave per calendar year may be used by the employee for personal leave for which no verification is required. Such leave must be approved in advance per departmental work rules and shall not be unreasonably denied .

The amount used is deducted from sick leave and may not be carried over from year to year. The time shall be taken in increments of no less than one-half (½) shift.

The leave, while paid for out of sick leave, is actually paid personal leave and is not a part of sick leave usage in and of itself.

L. Employees covered under this agreement may participate in the Catastrophic Leave program as a donor or recipient.

SECTION 4.4 INDUSTRIAL INJURY LEAVE
A. For injuries sustained prior to August 3, 1997, the following applies :

In the event an employee sustains an injury or illness arising out of and occurring in the course of his/her employment with the City, the employee shall be entitled to industrial injury leave as follows:

1. Up to three (3) months during the first three (3) years of employment.

2. Up to six (6) months during the fourth (4 th ) year of employment.

3. Up to twelve (12) months after four (4) years of employment for industrial injury.

4. Such leave shall be at ninety percent (90%) of regular salary rate. Said leave shall terminate upon return to regular work or when the injury is deemed permanent or stationary, or at the expiration of the maximum time period listed in this section.

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B. For injuries sustained on or after August 3, 1997, the following applies:

1. Up to three (3) months during the first three (3) years of employment.

2. Up to six (6) months during the fourth (4 th ) year of employment.

3. Up to eight (8) months after four (4) years of employment for industrial injury .

4. Such leave shall be at eighty-five percent (85%) of regular salary rate. Said leave shall terminate upon return to regular work or when the injury is deemed permanent or stationary, or at the expiration of the maximum time period listed in this section.

C. Employees who are on industrial injury leave with pay as a result of an industrial injury shall continue to accrue seniority, and shall receive holidays, accrue vacation and sick leave benefits the same as if they had been present for duty.

D. An employee on industrial injury leave shall be under the direction of the City subject to medical advice and shall be available at all times unless he/she receives specific permission from the City.

E. An employee on industrial injury leave shall inform the City of any current outside employment and/or any such outside employment during the four (4) years immediately prior to such injury. An employee on industrial injury leave shall not enter into any employment or physical activity, as determined by an appropriate physician, which might exacerbate his injury or illness.

F. Management and the employee organization jointly indicate their concern for the proper use of industrial injury leave. Management has the responsibility to seek lateral transfer of an injured employee where appropriate and to process involuntary disability retirement where necessary.

1. The Department Head shall notify TME-AFSCME within seventy-two (72) hours of any industrial injury which causes the death or hospitalization of any member of the bargaining unit.

SECTION 4.5 LEAVES OF ABSENCE
A. Request
An employee may file a request for leave upon a form supplied by the City. Such a request must be filed before the beginning of the requ~sted leave. Such leave may be for medical, military or personal reasons.

B. Authorization

1. A Department Head may authorize such a request for up to five (5) working days.

2. A request for more than five (5) working days shall be subject to the recommendation of the Department Head and the approval of the City Manager.

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3. No leave or combination of leaves related to a single injury or illness shall be granted for more than a total of eight (8) months during a twelve (12)-month period. The twelve (12)- month period for calculating leave entitlement will be a rolling period measured backward from the date leave is taken and continues with each additional leave day taken.

4. An employee must have completed six (6) months of permanent employment before being eligible for consideration of a medical leave of absence of more than thirty (30) days .

C. Refusal of Leave of Absence
The Department Head or the City Manager shall refuse a leave of absence request if such a leave is contrary to the good of the City. A leave of absence for medical reasons where justified by medical evidence shall not be unreasonably denied except where there is no probability of return to work by the employee; or where the employee has exhausted the maximum leave of absence. Where the leave is refused, the employee must return to work or be terminated. The burden of medical evidence shall be upon the employee.

D. Holding Position Open
Upon the expiration date of a leave of absence, duly granted in accordance with the provisions of this Section, an employee shall be returned to the same position or class of position as occupied when the leave of absence was granted.

E. Military Leave
A leave of absence for military employment shall be granted to any employee as required by the laws of the United States or the State of California. An employee covered by this agreement who leaves or has left the City services to enter the active service of the Armed Forces of the United States, and who subsequently is reinstated to a position previously held by him/her, shall be entitled upon completion of the following conditions to receive the rate of compensation at the step, including longevity, to which he would have been entitled had his service with the City not been interrupted by such Federal Service.

1. Employee makes a written application to the City within forty (40) days following release from active military employment;

2. Employee furnishes the City, for its inspection, a certificate of honorable or general discharge with the Armed Forces; and

3. Employee establishes to the reasonable satisfaction of the City that the employee is qualified to perform the duties of such position .

F. Family Leave

1. As required by State and Federal law, th.e City will provide family leave for eligible employees. To be eligible an employee:
a. Must have been permanently employed by the City for at least twelve (12) months and have been employed for at least 1,250 hours during the twelve (12)-month period immediately preceding the commencement of the leave; or Resolution 2023-44 25 TME-AFSCME

b. Must have been permanently employed by the City on a half-time basis for at least twelve (12) months and have been employed for at least 1,040 hours during the twelve (12) month period immediately preceding the commencement of the leave.

2. Family leave is permitted for the following reasons:
a. Birth of a child or to care for a newborn of an employee. b. Placement of a child with the employee for adoption or foster care. c. Need to care for a child , parent, spouse, or registered domestic partner who has a serious health condition.
d. Leave because of a serious health condition that makes the employee unable to perform the functions of his/her position.

3. Employees who meet eligibility under Section 4.5(F)(1 )(a), are entitled to a total of twelve (12) work weeks during any twelve (12)-month period. Employees who meet eligibility under Section 4.5(F)(1 )(b), are entitled to a total of six (6) work weeks during any twelve (12)-month period. The twelve (12)-month period for calculating leave entitlement will be a rolling period measured backward from the date leave is taken and continues with each additional leave day taken.

4. During a family leave an employee may concurrently use other accrued paid leaves in connection with the leave.

5. The total amount of family leave for which an employee is eligible will be inclusive with existing maximum periods as established in Section 4.5.B) 3 and 4.

6. Rights and obligations which are not specifically set forth in this section are set forth in the City's statement of Family Leave Policy and in the California Fair Employment and Housing Commission and the Department of Labor regulations implementing State and Federal Family Leave Acts.

G. Medical Examination at Termination of Leave
Prior to the expiration of any leave of absence, the City Manager may determine, by evidence of medical examination or other reasonable evidence, if the employee is mentally and physically able to perform the duties of the position from which the leave was granted .

If the City Manager has determined that the employee is unable to return to work, the employee will not be returned to work but shall have the right to submit the matter through the Civil Service Commission to review the reasonableness of such findings.

H. Any employee terminating or retiring at the end of the eight (8)-month medical leave of absence shall be paid an amount equal to four (4) months of City health insurance contribution (including health contribution and City supplemental). Such amount shall not exceed the amount received by the emplpyee immediately prior to separation of employment. The employee may choose to receive the full amount, subject to 1099; defer the funds to the City 457 plan, within the plan guidelines or receive a net check with the appropriate federal, state and social security deductions. This provision applies only to employees participating in a City-sponsored health insurance program at the time of termination or retirement.

Resolution 2023-44 26 TME-AFSCME

SECTION 4.6 BEREAVEMENT LEAVE
A Each employee covered by this Agreement shall be entitled to up to five (5) work shifts of bereavement leave; three (3) shifts with pay and two (2) shifts without pay per death of eligible family members .

B. Additional paid bereavement leave of up to two (2) work shifts may be granted by the Department Head upon request due to a death or funeral which occurs out of state or in the state in excess of three hundred (300) miles from the borders of the City of Torrance.

C. Such bereavement leave shall apply to a death as defined for family sick leave. In addition, an employee may request a vacation or sick leave day for bereavement leave for a relative not named in the family sick leave listing, subject to verification of the Department Head.

D. Such request shall not be unreasonably denied and shall not be denied on the basis of a below standard evaluation. If an employee decided to use a sick leave day, this leave shall not be used against the departmental sick leave average.

E. Such bereavement leave shall not be accruable from year to year nor shall it have any monetary value if unused.

F. Exceptions to the definition of family will be evaluated on a case by case basis by the Department Head.

SECTION 4.7 COMPASSIONATE LEAVE
In the event that an employee covered by this agreement dies, other represented employees from the department of the deceased member may be granted up to three (3) hours leave for the purpose of serving as pallbearer or to otherwise attend the funeral.

A The number of employees who are granted this leave at any one time shall be at the discretion of the Department Head, consistent with the need to maintain a minimum work force during that time.

B. Such leave shall not be accruable nor shall it have any monetary value if unused.

C . With Department Head approval , employees may attend the funeral of a coworker not in the same representation group or department.

SECTION 4.8 JURY DUTY
Any employee covered by this agreement who is summoned for jury service at any court during regularly 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.

Employees who serve on jury duty on their modified work schedule day off do not receive any extra pay for the day. They are, however, entitled to the jury service fee for that day.

Resolution 2023-44 27 TME-AFSCME

SECTION 4.9 INSURANCE
A. Health, Life and Miscellaneous Insurance

1. The City shall pay the applicable monthly PERS minimum contribution per employee for active and retired employee health insurance. The PERS minimum contribution can only apply toward the health insurance plans. If the employee does not participate in the health insurance plans, the PERS minimum contribution cannot be used for any other purpose.

2. Cost of Medical Insurance for 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, dental, or vision insurance ("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

4.9. Employees may opt out of the City offered benefits. Certain employees who opt out may be eligible for cash in lieu as provided in a.ii in this Section 4 .9(A).

3. Contributions: The contributions for active employees are set forth as follows:
a Active Full-Time Employees
i. Effective January 1, 2023, for active full-time employees hired on or after January 1, 2008, the contributions are as follows:

For these employees, the City Contribution is $597.68 for single party coverage, $1 ,140.36 for 2-party coverage, and $1,595.96 for 3-party coverage. The Cafeteria Contribution can be calculated by subtracting the current PERS minimum contribution from the City's Contribution (see following chart). 1 Party 2 Party 3 Party
City Cafeteria Contribution $597.68 less -the $1,140.36 less -$1,595.96 less - PERS minimum the PERS the PERS
contribution mi nimum minimum
contribution contribution
ii. Cash In-Lieu Payments
Resolution 2023-44
Full-time employees covered under this Resolution who meet the following requirements will receive a cash-in-lieu payment of $400 per month for as long as the employee opts-out of medical coverage:

1. The employee provides proof of minimum essential coverage ("MEC") through another source (other than coverage in the individual market, whether or not obtained through Covered California) for the plan year for which the employee opts-out of City-offered coverage ("alternative required coverage").
28 TME-AFSCME

2. The proof of coverage must show that the employee and all individuals in the employee's expected tax family have (or will have) the required MEC for the applicable period by signing and submitting an attestation to the City.

3. The employee must provide such reasonable evidence and attestation of alternative required coverage every plan year during open enrollment

4. The City will not provide the cash-in-lieu payment if it knows or has reason to know that the employee or tax family member does not have the alternative required coverage.
b. Medical insurance for part-time employees hired prior to January 1, 2008 i. For these employees, the City Contribution is $483.29 for single party coverage, $912.98 for 2-party coverage, and $1,248.16 for 3-party coverage. The Cafeteria Contribution can be calculated by subtracting the current PERS minimum Contribution from the City Contribution (see below).
1 Party 2 Party 3 Party
$483 .29 less -the $912 .98 less -the $1 ,248.16 less -the City Cafeteria Contribution PERS minimum PERS minimum PERS minimum contribution contribution contribution
c. Medical insurance for part-time employees hired Q.!1.Q! after January 1, 2008 i. For these employees, the City Contribution is $356.34 for single party coverage, $619.68 for 2-party coverage, and $829.48 for 3-party coverage. The Cafeteria Contribution can be calculated by subtracting the current PERS minimum contribution from the City Contribution (see below).
1 Party 2 Party 3 Party
$356.34 less -the $619.68 less -the $829.48 less -the
City Cafeteria Contribution PERS minimum PERS minimum PERS minimum contribution contribution contribution

4. The City of Torrance joined the PERS health insurance to allow TME-AFSCME to participate in health programs. Both Management and TME-AFSCME agreed to join the program so long as it did not impact any of the other bargaining units within the City. In addition, cost to implement the plan would be absorbed by TME-AFSCME. If the PERS health insurance plans significantly alter from the current structure or if the administrative and contingency fee charged by PERS increases above four percent (4%) for the annuitant, the City reserves the right to withdraw from the PERS health insurance plans.

Management and TME-AFSCME agree to. meet and confer on the restructuring of the employee insurance allowance and insurance program , upon such triggers .

5. The City shall continue such health, dental, and life insurance premiums as provided in this Section 4.9 during an employee's leave of absence in accordance with applicable laws and the City's Flexible Benefits Plan.

Resolution 2023-44 29 TME-AFSCME

6. The parties agree that if legislation is passed which significantly impacts the City's ability to provide health insurance through PERS Medical, the parties will return to the table to meet and confer. TME-AFSCME agrees to meet and confer with the City over any changes to state or federal law relating to health benefits that occur during the term of this agreement.

B. Long-Term Disability Benefits

1. In accordance with the provisions of the Commercial short term/long term disability plan, employees with pre-existing conditions who do not qualify for coverage under the Commercial policy shall receive the following benefit:
a. Commencing with the thirty-first (31 51 ) calendar day after the first (1 51 ) day of lost time, the employee shall receive two-thirds (½) base biweekly pay for a period of time not to exceed one (1) month for each two (2) months of service to a maximum of two (2) years.

Employees who were participating in the City's long-term disability program reduced their sick leave accrual to six (6) hours per month in exchange for coverage under the City's long-term disability plan .
b. An employee requesting receipt of such benefits must meet the criteria specified in Attachment A and must request a medical leave of absence in connection with a request to receive long-term disability. The request for a medical leave of absence and for long-term disability benefits must be made in advance except where it can be shown that a bona fide emergency existed. The employee shall receive no benefits except as specified under Subsection b) above. (Leaves of absence are covered under Section 4.5.)
c. Payments, pro-rated for actual time on LTD, will commence on the thirty-first (31 51 ) day of lost time by warrant issued every twenty-eight (28) days or portion thereof. d. The maximum of two (2) years shall be for a single or multiple instance subject to the employee restoring such benefit one (1) month for each two (2) months of service. The "maximum benefit period" means twenty-four (24) calendar months. e. Such insurance is subject to administrative rules in Attachment A.

2. Employees who were active employees on or after August 1, 1997 and who qualify for the Commercial Insurance long term/short term disability program shall be covered as follows:
a. An employee must request a medical leave of absence in connection with a request for such benefits.
b. After an elimination period, employees will receive two-thirds (½) base pay for a period of time as determined under the guidelines of the commercial insurance policy.
c. Eligibility for this Commercial plan and all provisions of the plan are in accordance with the commercial insurance policy.

Resolution 2023-44 30 TME-AFSCME

C. Life Insurance
Employees covered under this agreement shall receive a life insurance policy in the amount of no less than $50,000.

If the cost of life insurance is not 23¢ per $1,000 per month per employee, the parties will meet to discuss options.

The City and TME-AFSCME will jointly participate in the selection process of its insurance carriers for life insurance, short-term disability insurance and long-term disability insurance.

D. Dental Insurance
All employees covered by this agreement will receive two-party dental insurance. This benefit has no cash value if not used. If employees want to cover additional family members not covered, additional insurance may be purchased.

E. Vision Insurance
All employees covered under this agreement will receive, at no cost to the Union or members, one-party vision insurance. This benefit has no cash value if not used. If employees want to cover additional family members, additional insurance may be purchased.

SECTION 4.10 RETIREMENT
Employees covered by this agreement shall be covered by the City contract with the Public Employees' Retirement System 2% at 55 plan (per Government Code Section 21354) including military buy-back and highest single year retirement option (per Government Code Section 20042) and supplemented by Social Security.

A. The City shall pay the employee's 7% contribution to PERS for employees of the Torrance Municipal Employees -AFSCME, Local 1117.

B. The seven percent (7%) paid by the City is considered as employer-paid member contributions (EPMC) in accordance with Government Code Section 20636(c)(4).

C. Employees hired after January 1, 1977, shall reimburse the City of actuarial liability created by their individual participation under the military buy-back provisions of this plan.

D. Effective February 1, 2011, all new hires shall be responsible for the employee's contribution to PERS, currently 7% of pay.

1. Section 4.10(8) would no longer be applicable for employees hired after February 1, 2011.

E. Public Employees' Pension Reform Act
Employees covered by this agreement hired on or after January 1, 2013 who do not qualify as "classic members" of PERS, shall be considered "new members" and shall be covered by the City's contract with PERS in the 2% at age 62 defined formula including military service credit purchase option with a final compensation calculation period of the final three years. Per PEPRA, employees shall be responsible for fifty percent (50%) of the normal cost attributable to the applicable retirement formula.

Note: The definition of "classic member" or "new member" is established per the California Public Employees Retirement System (CALPERS).

F. City will comply with AB 1222 PEPRA Exemption for Transit Employees (new) Resolution 2023-44 31 TME-AFSCME

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SECTION 4.11 UNIFORMS
A. Uniforms
Employees covered by this agreement who are required by their Department Heads to wear a uniform shall have all of the rental of that uniform paid for by the City. Eleven (11) uniforms will be provided to the affected employees.

1. In addition, there will be a quarterly meeting with the vendor to discuss problems with the uniform service. The meetings can be canceled at the request of either TME- AFSCME or Management, time and place to be mutually decided.

2. All required uniforms will be replaced on an as needed basis when the garment fails to meet the City's appearance standard, as determined by the employee's supervisor.

Employees may request to have their uniforms replaced at any time because of wear, subject to their supervisor's concurrence.

3. Uniforms are to be worn at all times while on duty. Uniforms are not to be worn while engaged in outside employment, i.e., any work done , or any service performed for compensation other than for the City, whether as employee, independent contractor, or otherwise.

4. An employee who fails to comply with established departmental uniform requirements shall be subject to disciplinary action.

5. Fire retardant or cotton uniforms shall continue to be provided to the employees in the following departments/divisions : Fleet Services, Water (including overalls), Airport , and Electrical. Any employee that provides medical documentation showing an allergy or other medical condition precluding the wearing of polyester shall be provided with cotton uniforms. In addition, if there is a valid safety reason, agreed upon by both parties, cotton uniforms will be provided.

6. Any employee not covered under 5) above may request cotton uniforms. If the number in any fiscal year exceeds 30, the additional cost of providing cotton uniforms for the 31 st and above will be paid for out of the succeeding year's contract. Purchasing will notify the parties by June 1 as to the number of employees with cotton uniforms each year.

7. Relief Bus Operators receive three shirts and two pants upon successful completion of training (within two months of hire date). In addition, upon reaching Step 2, RBO's will receive one additional shirt and one additional pair of pants.

B. Uniform Allowance -Crafts & Trades
The City shall pay a uniform allowance payable during June and December of each year of:

1. $80.00 each six (6) months of employment to employees in the classification of Telecommunications Technicians, Wireless Technicians and Water Tech Ill incumbents who act in the capacity of Water Quality Inspectors.

2. $225 .00 each six (6) months of employment for employees in the classification of Bus Operator and Transit Dispatchers.

3. $225 .00 each six (6) months of employment for employees in the classification of Police Services Officer. ·

4. Such shall be prorated for actual time of employment.

Resolution 2023 -44 32 TME-AFSCME

C. Uniform Allowance - Services
The City shall pay a uniform allowance payable during June and December of each year of:

1. $225 .00 each six (6) months of employment for employees in the classification of Animal Control Officer.
2 . Such shall be prorated for actual time of employment.

D. Uniforms and uniform allowance is PERSable for employees hired prior to January 1, 2013.

The City will comply with the provisions of the Public Employees' Pension Reform Act (PEPRA) in determining if uniform allowance is PERSable for employees hired after January 1, 2013.

SECTION 4.12 TOOL ALLOWANCE
A. Employees in the classification of Mechanic, Senior Mechanic, and Senior Welder shall receive a tool allowance of $250 every six (6) months of employment payable in June and December of each year. Where a Mechanic or Senior Mechanic is required by assignment to use metric tools, he shall receive a one-time reimbursement of $100 upon proof of purchase of such metric tools.

B. Tool box self-insurance program for mechanic positions in Fleet Services is fully described in Attachment E.

C. Employees in the classification of Animal Control Officer shall receive $175.00 tool and educational materials allowance payable in February. Employees who are on the payroll effective the first pay period in February will be eligible for such benefit.

SECTION 4.13 MEDICAL EXAMINATION/RECHECKS/INOCULATIONS
A . Sprayer Physicals
Any employee whose regular work assignment substantially involves working with dangerous spray shall receive a City administered medical recheck each calendar year which shall be paid for by the City. The City will give appropriate medical rechecks for employees involved in paint spraying work assignments based on the chemicals or content of paints used.

B. City Driver Physicals
Employees who are required to complete the mandatory DOT physical to maintain their Commercial Driver License as a condition of employment have two options:

Option 1: The employee may schedule their CDL Medical Exam, on their own, and complete the exam with a medical examiner listed on the National Registry of Certified Medical Examiners. The City will reimburse the employee for his/her deductible or co-pay for up to $70 for the CDL Medical Exam. The City will not reimburse the employee for expenses beyond the initial Medical Exam.

Option 2: The employee may complete the required CDL Medical Exam at a City-designated medical facility.

Resolution 2023-44 33 TME-AFSCME

For both Medical Exams conducted by an examiner of the employee's choosing, or at a City designated medical facility, if the employee is unable to perform his/her duties until cleared by the Medical Examiner, the employee will need to use leave (sick, vacation or compensatory time off) time. The employee shall have the right to use sick leave, vacation or compensatory time at their choice. If sick leave is chosen, that sick leave usage will not be counted as part of the employee's annual evaluation of attendance or for any disciplinary purpose .

The City shall provide required medical examinations at a City-designated medical facility where required operator's license makes such necessary. Drivers with a Commercial Driver License are required to submit to the required medical examination at a City-designated medical facility.

If a physician at the City-designated medical facility requires the employee to go to his/her own physician for any reason, and the employee is unable to perform his/her duties until cleared by the City physician, the employee will need to use leave (sick, vacation or compensatory time off) time. The employee shall have the right to use sick leave, vacation or compensatory time at their choice. If sick leave is chosen, that sick leave usage will not be counted as part of the employee 's annual evaluation of attendance or for any disciplinary purpose.

C. Inoculations
The City will provide employees in the following classifications the inoculations set forth 1 below. The inoculations are on a voluntary basis and depending on assignment:

Tetanus HepB TB Skin Test Rabies pre-
(Annual) exposure vaccine
Police Services Officers X X X
Animal Control Officers X
Sanitation Equipment Operator X X
Wastewater Technicians X X
Equipment Attendant
Mechanic X Wireless Technicians
Senior Mechanic
Senior Welder/Welder X X X
Building Maintainer
Forensic ID Specialist X
Forensic ID Supervisor
Custodian
Sr. Custodian X X X* Maintenance Worker
Lead Maintenance Worker
Lead Maintenance Worker X X Maintenance Workers
*TB Test only provided to Custodians and Senior Custodians assigned to work the jail facility .

Resolution 2023-44 34 TME-AFSCME

Other inoculations and/or tests recommended by TME-AFSCME will be studied and submitted to the City. Within 30 working days of the receipt, management and TME- AFSCME will meet to discuss the suggested inoculations.

SECTION 4.14 SAFETY
A. Safety Shoes
Employees covered by this agreement who are required by their Department Head to wear safety shoes shall be paid a shoe allowance of $125.00 each six (6) months of employment payable during June and December of each year. Employees who are on the payroll effective the first pay period in June and December will be eligible for such benefit. Such an employee is subject to appropriate disciplinary action for failure to wear these safety shoes while on the job.

Employees in the classification of Animal Control Officer, who are required by their Department Heads to wear safety shoes or boots, shall receive a shoe allowance of $250.00 once per year payable during Septe1mber of each year. Employees who are on the payroll effective the first pay period in August will be eligible for such a benefit. Such an employee is subject to appropriate disciplinary action for failure to wear these safety shoes or boots while on the job.

B. Prescription Safety Eye Protection
It is the policy of the City to require the use of safety eye protection in all classifications of employment in which there is a threat of eye injury. The department/division head shall reasonably determine which employees are required to wear safety eye protection.

The department/division head shall determine the types of approved prescription safety eye protection.

For those employees requiring prescription safety eye protection, the City will pay $200 every other year (beginning of the fiscal year) for the cost of frames, prescription lenses, UV protective tinting and fitting or other eye protection as referenced in paragraph above; any additional costs may be paid for by the City at the Department Head's discretion. The cost of eye examinations by a licensed Ophthalmologist or Optometrist will be paid by the employee.

Broken or badly damaged prescription safety eye protection will be replaced once per year with department/division head approval. Additional prescription safety eye protection will be replaced at the expense of the employee .

Procedures for processing of payment for obtaining prescription safety eye protection will be established by individual Departments .

C. Non-prescription safety eye protection
The City will provide non-prescription safety protective eyewear to qualifying employees not requiring or requesting prescription lenses.

Broken or badly damaged non-prescription safety eye protection will be replaced as neede9 with department/division head approval. Damaged non-prescription safety eye protection will be required to be turned in to the supervisor on duty.

Resolution 2023-44 35 TME-AFSCME

D. Material Safety Data Sheets
The City shall post a notice in all appropriate Departments that describes the location of Material Safety Data Sheets. As prescribed by law, all such sheets shall be made available to any employee or TME-AFSCME representative so requesting.

As a member of the Safety Team, TME-AFSCME shall be notified of the results of any and all workplace surveys of safety and health hazards.

E. It is the intent of Management and TME-AFSCME that the City provide a safe and healthful workplace for its employees. It is further the goal of both parties that, at a minimum, all employees be covered by the laws and tenets of CAL OSHA. If that regulatory Agency is no longer in existence or is so affected by budget cuts as to render its powers ineffective, then the rules and regulations shall be incorporated by reference into the safety provisions of this agreement. Employees shall have the right to grieve violations of such regulations or to file complaints. Such employees shall be protected from harassment from said filings as provided under Section 1.3 of this agreement.

F. TME-AFSCME shall designate one representative who shall be a member of the City's Safety Team . Said member shall be responsible for communicating with the TME Board and the membership the content of the Safety Meetings.

G. For those employees whose work exposes them to the damaging UVA and UVB rays of the sun, the City shall provide sun block protection. (City will make sunscreen available for employees who work outside)
SECTION 4.15 DEFERRED COMPENSATION
A. Employees covered by this agreement shall be eligible to participate in a City administered deferred program consisting of a deferred compensation plan and a Retirement Health Savings Plan (RHSP). The references to an option to fund the RHSP and the existing language in this Section 4.15 are deleted as of December 31, 2007.

B. Upon retirement or termination, the employee shall have the option to defer the sick leave and vacation pay off into the City's Deferred Compensation Plan and/or the RHSP up to the annual limit of deferred savings allowable for that year under Federal Law.

C. For active employees, the deferral program shall apply to the following :

1. Cash out of vacation (Section 4.2.1)

2. Cash out of sick leave (Section 4.3.C)
This deferral is up to the limits set by Federal Law and is exclusive of the $100.00 per month contributed by the City toward employee or eligible annuitant's medical insurance.

D. Effective September 27, 1998, or at the completion of one (1) year of service, employees become eligible for and shall receive a non-matching deferred City contribution of $300 ($11.54 per pay period) per calendar year. Effective January 1999, the $11.54 per pay period will be deferred on the employees' behalf.

Resolution 2023-44 36 TME-AFSCME

SECTION 4.16 LICENSES
A. The City shall pay the cost of enrollment in approved courses for smog, brake, and lamp adjustment for Mechanics and Sr. Mechanics. The Department Head shall determine the participant(s) in such classes any given time. Employees may take these classes during working hours providing the class does not exceed 120 hours in length . Employee(s) may only earn straight time while at these classes, so work schedules may have to be altered for the duration of the class.

B. Employees who are required by their Department Head to possess a commercial driver's license must submit proof of their acquisition of such licenses to the Department Head.

Department will then reimburse the employee for the cost of the license. If an employee loses his/her license, and it is subsequently reinstated, the employee will bear the cost of the reinstatement.

SECTION 4.17 MEMBER RELATIONS
Every year on the first pay period of November, employees will be given a grocery certificate for $75.00 for groceries from the City & AFSCME Local 1117. The City will purchase the certificates and distribute the certificates and will include a joint letter of appreciation. Should the city purchase the gift certificates at a discount, the city will distribute the discounted amount proportionately to each member. Every year on the first pay period of October, the City will pay AFSCME Local 1117 an amount equal to $1.00 per employee covered by TME AFSCME.

SECTION 4.18 RELEASE TIME
The City recognizes that employees and representatives of the Union 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 Union to effectively operate. However, it is essential for efficient operations of City service that supervisors and managers are timely notified 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 Notification of Release Time form to provide notice of their intention to use release time. Release time will not be unreasonably denied.

A. Meetings with Management
The parties agree that there may be times that the Union may need to meet with a representative of management. This may include, but not be limited to, Roundtable Meetings, Safety Team Meetings , meetings with Department Heads or Managers, or for other purposes where management and the Union agree to meet. For those meetings, Union representatives will receive paid release time for the entire period of the meeting as well as one half hour prior to and one half hour after the meeting (inclusive of travel time).

B. Negotiations
Employees will be provided with paid release time for the entire period of the negotiation session , as well as one (1) hour before and one hour after (inclusive of travel time).

Resolution 2023-44 37 TME-AFSCME

C. Hearings
Paid release time is available for time spent in hearings (PERB, discipline, grievances, Civil Service Commission), preparing for hearings, and traveling to and from such hearings.

D. Meetings to Represent Employees
There are numerous situations where employees in the Union may seek representation, including, but not limited to, an Administrative Conference (i.e ., a meeting with a City representative, after which an employee receives a notice of intent to discipline), or a meeting in which the employee has a reasonable belief that the meeting may lead to the imposition of discipline, or other meetings where representation is appropriate. Paid release time will be provided for employees' attendance at such meetings.

E. Executive Board Meetings/Union Elections
For Executive Board members whose work schedule is such that they are scheduled to be working during general membership and/or executive board meetings, they are entitled to a total of two (2) hours per month of paid release time as well as one half hour prior to and one-half(½) hour after the meeting (inclusive of travel time). Employees who are required to staff polling sites for union elections shall be released with pay for said election. However, no more than two union representatives may be released at any one time for the purpose of staffing a polling site during elections for executive board members, contract ratification, or special elections.

F. Other
An executive board member who is required to participate in the City's New Employee Orientation shall receive a maximum of up to one (1) hour per month of release time, inclusive of travel time. In addition, an executive board member whose work schedule coincides with the Civil Service Commission or city council meeting shall be entitled to release time to participate in such meeting for the sole and limited purpose of addressing an Item on the agenda related to the Union.

It is required that employees who are using paid release time for the purposes defined in paragraphs A - F above will complete and submit the Release Time form (Attachment F). If such meetings are set more than 72 hours in advance, employees shall complete the release time form and submit it at least 48 hours prior to the time of the meeting (excluding days off/weekends/holidays). For those meetings that are set with less than 72 hours' notice to the impacted employees, the release Time form will be filled out and submitted as soon as it is practical. Executive board members are encouraged to submit one release time form for all Board/Membership meetings scheduled during the year. Releases shall only be for those employees requiring paid release time from actual scheduled hours of work.

G. Employees who desire to meet with their union representative during work hours regarding Union-related business (such as questions about rules, policies, MOU provisions, etc.) may be released from duty with the approval of their supervisor for such purposes. The parties intend that such meetings shall be 15 minutes or less in duration.

Resolution 2023-44 38 TME-AFSCME

H. President's Release Time
While it is anticipated that the president of the union will utilize release time in accordance with this article for the reasons provided herein, the union president will also receive paid release time of two days per week to conduct other union activities necessary for the essential operation of the Union as directed by the executive board of the union. The union president's release time will be on Tuesdays and Wednesdays. However, if a holiday falls on a Tuesday or Wednesday, the president shall receive release time on his/her next work day.

If the president works in the Transit Department and is not able to bid a Monday through Friday work shift, he/she may request to work a modified Monday through Friday shift as to be available for all city maters, with the consent of the Department Head and the City Manager/Designee. In order to accommodate this request, the president will have to work both of his/her assigned bid days off that falls within the Monday through Friday work week and will be granted Sunday and Saturday as modified scheduled days off. On the president's bid days off, he/she will be assigned a work shift by the department after all other full-time employees have been assigned a work shift for that day. During this accommodation, the president will not be exempt from mandatory overtime as implemented _by the department and if implemented he/she will be required to work the assigned shift. The president's release days will continue to be Tuesday and Wednesday and any overtime shall be consistent with his/her modified days off.

1. On the president's release days, the union president must be available by phone during the normal work hours. However, if the president must be out of the city on the designated release day, the president will provide notification to the City Manager or designee prior to the event, with a contact phone number where he/she can be reached during business hours in case of a work-related inquiry, and an estimated time he/she will be out of the city. The union president will notify the City Manager or his designee upon return to the City of Torrance.

2. The president will use the appropriate charge codes on his/her timesheet for the union release days and will certify accurate all time entered on his/her timesheet for payroll purposes. The charge codes will be provided by the City Manager or designee.

3. In the event the president wishes to use his/her release day for a union-related activity on a day other than the days so designated, the president shall notify the City Manager or designee by the Thursday prior to the event for approval or as soon as practicable.

Such approval will be based on the president's department's operating needs, and will not be unreasonably withheld.

4. Use of paid leave absences, such as for vacation and sick leave, by the union president on a release day shall not result in an additional union release day during the week .

5. If the union president on release time works any hours for city business above the number of hours in their regularly scheduled workday, he/she shall receive overtime .

6. On Tuesdays and Wednesdays, the union president shall report to his/her department in person at the beginning and end of the work shift. The president will utilize a log kept at the department to report his/her check-in/check-out time. The log will be forwarded to the City Manager's Office at the end of the pay period. lf the president will be out of the City on either release day in accordance with paragraph H1 above, notification to the City Manager will be provided.

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7. In the event the president takes a leave of absence from the presidency of the union in excess of fourteen (14) calendar days, these terms and conditions shall apply to the AFSCME Local 1117 Board-approved acting union President. In addition, the union must provide the City Manager with at least seven (7) days' notice of this leave of absence to minimize impact to operations.

8. When the union president's presidency ends, he/she shall return to the full scope of his/her previous job duties.

I. Additional release time may be purchased by the union, with the approval of the City Manager, for Union activities not contemplated in this article.

ARTICLE 5 -HOURS OF WORK
SECTION 5.1 NORMAL HOURS OF WORK
A. Effective February 6, 1994, all employees covered by this agreement are on a 9/80 work week schedule, with the exception of:
• Transit Bus Operators, RBOs, ARBOs 1
• Traffic Signal Technicians (effective July 1, 2010)1
• Sanitation division employees 1
B. Employees not a 9/80 or 4/10 work week schedule shall normally work a five (5)-day forty (40)-hour work week.

C. There shall be at least eight (8) hours between regular shifts worked by any employee. Any time worked within that eight (8) hour spread shall be treated as overtime.

D. Employees covered by this agreement will be given notice five (5) working days prior to any shift change or change in working hours, except in the case of emergencies. This shall not apply to rotating shifts, bidding procedures or other shift changes that occur on a regular basis.

E. Other City divisions not located in the City Hall complex may modify schedules for work groups to operate on either a 9/80 "open" or 9/80 "closed" schedule that does not conform to the above.

F. TME-AFSCME and Management may modify the definition of a normal work week and the provisions of overtime to accommodate a flex-time approach subject to the joint agreement of the parties and a supplemental Memorandum of Understanding.

SECTION 5.2 LUNCH
Employees covered by this agreement shall be entitled to a lunch period of up to one (1) hour.

A. Lunch periods shall be without pay except for employees in the classifications of Police Services Officer assigned to the front desk/jail and Public Safety Dispatchers. 1 There is a 4/10 work week schedule for employees covered in those classifications.

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B. There shall be no restrictions on employees during lunch periods that reduce the amount of time allotted for lunch. Restrictions placed upon employees during lunch periods on their own time, which reduce the amount of allotted time, shall be compensated for as overtime.

C. The amount of time for lunch period and the procedure for taking a lunch period shall be determined by departmental rules and regulations.

SECTION 5.3 REST BREAKS
Employees covered by this agreement may be allowed up to fifteen (15) minutes as a rest period in accordance with department rules during each half of the regular workday or regular work shift.

In such cases:

A. These rest periods will not be taken at the beginning or end of either half of the regular workday or work shift.

B . Rest periods may not be accumulated, nor shall such rest periods have any monetary value if unused.

C. The provisions of this Section may be modified by a supplemental agreement between TME and the City to effectuate a flexible work hour concept.

D. Rest periods shall be taken at or near the work site.

ARTICLE 6 -OVERTIME
SECTION 6.1 OVERTIME
A. Employees covered by this agreement who work a five (5)-day forty (40)-hour work week shall be compensated by pay at the rate of one and one-half (1 ½) times the hourly composite rate of the employee for hours worked in excess of eight (8) hours in any one (1) work shift or forty (40) hours in any one (1) week.

For employees on the 9/80 or 4/10 program, employees shall be compensated by pay at a rate of 1 ½ times the hourly composite rate of the employee for hours worked in excess of a regularly scheduled shift or work week.

Composite rate includes base hourly rate plus specific premium pays .

B. Computation
Overtime shall be computed for actual time worked. This includes paid leave taken during the pay period.

C. Claims for Compensation
Overtime worked must be reported by the employee to the Finance Director within fifteen ( 15) calendar days after the end of the pay period in which the employment was rendered.

Failure to do so waives any claim for compensation for such employment by the employee concerned.

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D . The provIsIons of this section may be revised by a supplemental Memorandum of Understanding between the representatives of management and the representatives of TME-AFSCME.

E. An employee may request compensation in the form of time off at the rate of time and one- half (1 ½) for hours worked in lieu of pay subject to the approval of the Department Head.

Such compensatory time cannot be accrued in excess of sixty (60) hours, but can be carried over from year to year. Employee may cash out up to 100% of their accrued CTO quarterly on a form provided by the City by notifying the Finance Department on or before the 5th of February, May, August, and or November of each year. Payment shall be made no later than the last pay period on the months named. CTO will not be automatically cashed out due to end of fiscal year or for any other reasons.

F. Whenever practicable, overtime shall be first offered to permanent, full time employees of a class within the department and division. There shall be continued discussions in each department with the intent of establishing procedures for such offers of overtime. In emergency situations, and when no volunteers are found using the seniority basis, overtime may be mandatory through an inverse seniority assignment.

G. Any employee of the police department required to appear in court, or placed on call at the station in the performance of his/her duties, shall be compensated at the regular overtime rate for a minimum of two hours or for the actual time spent in court inclusive of the court's lunch break, if required to report back to court following lunch. If on-duty hours are contiguous to this two (2)-hour minimum, the employee shall be compensated for actual hours spent in court.

H. An employee may select to defer overtime into the pre-tax 457 plan by submitting the appropriate forms to their department/timekeepers. This is not applicable to built-in scheduled overtime, double time and emergency call outs.

SECTION 6.2 CALL-OUT
The City and TME-AFSCME jointly recognize and commit to resolving the problem regarding employee response to call-out.

An employee called out after regular working hours to respond immediately for emergency work shall be compensated at double time rate for the first two (2) hours with a guaranteed minimum of two (2) hours. Such minimum shall be increased to three (3) hours if an employee is called out after 12:00 midnight and before 5:00 a.m.; provided, however, that call-out work in excess of the first two (2) hours will be compensated at the regular overtime rate. Availability for emergency call-out shall be determined by departmental rules and regulations.

The double time provisions of this section shall not apply to Bus Operators or Services Officers and Public Safety Dispatchers in the police department. Such shall also not apply to scheduled holiday work as prescribed under Section 4.1.d.2, Holiday Work Pay -Scheduled Work.

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ARTICLE 7 -CONDITIONS OF EMPLOYMENT
SECTION 7.1 PROBATIONARY PERIOD
A. For all classifications covered by this agreement, except for Apprentice Relief Bus Operators, there shall be a probationary period which shall be one (1) year of service for original, non-promotional appointments and a probationary period of six (6) months of service for all promotional appointments.

B . An employee's probationary period shall be extended if the employee is absent from the performance of his/her assigned duties in excess of the number of cumulative working days he/she would work over a four-week period of time. Thus, an employee working a 5/40 will have his/her probation extended by twenty (20) working days or more if he/she is absent more than twenty (20) working days during his/her probationary period . An employee working a 4/10 will have his/her probation extended by sixteen (16) working days or more if he/she is absent more than sixteen (16) working days during his/her probationary period.

An employee working a 9/80 will have his/her probation extended by eighteen (18) working days or more if he/she is absent more than eighteen (18) working days during his/her probationary period. The probationary period will be extended by the amount of time equal to the number of days absent from work. For purposes of this provision, all leaves of absences whether continuous or not which result in the employee exceeding the number of workdays he/she is regularly scheduled over a four week period of time will result in a probation extension. A workday will count towards the cumulative total provided for herein if the employee works less than one-half (½) of their regularly scheduled hours in a day.

SECTION 7 .2 DISCIPLINARY PROVISIONS
A. An employee may be suspended without pay, demoted or discharged for just cause.

Employees, other than probationary, shall have the right of appeal provided under Civil Service Rules and Regulations and the Torrance Municipal Code.

B. An employee may request that a written reprimand be removed from his/her permanent personnel file providing the following conditions are met:

1. A standard performance evaluation has been maintained during the two-year period following the date on the written reprimand; and

2. There has been no discipline during the two-year period of time.

3. For purposes of this section, discipline shall be defined minimally as a written reprimand .

SECTION 7.3 TRANSFER
Laterals
A. Permanent employees in a job classification represented by TME-AFSCME may make themselves available for lateral entry into a classification in any representation unit represented by TME-AFSCME whose salary range is equal to or less than that of the classification of position presently held by the employee. (A salary range shall be considered to be equal to if there is less than a seven and one-half percent (7.5%) difference in the highest step in the base salary range for the class .)
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B. When a position in a classification for which employees have applied for lateral entry becomes vacant, employees who have so applied shall be given the opportunity to lateral into the position pursuant to the following:

1. No promotional list exists for the position .

2. The Department Heads involved approve of the lateral appointment. Such approval will not be required where lateral appointment is the result of a layoff or medical disability.

3. The City Manager concurs in the lateral appointment.

4. Priority of consideration shall be on the basis of seniority subject to the above. The employee shall receive a progress report from the Department Head at the end of each thirty (30) day period. If an employee does not qualify, he shall be returned to his previous status. The approval and verification of Department Head and the City Manager shall be final.

5. Such lateral appointment of the employee shall be subject to a 180-day period to verify his competency in the new position.

6. If an employee accepts a lateral transfer, his salary shall be at his former rate or at the highest step of the lower range, whichever is the lower.

C . Transfers

1. Employees who make in class transfers shall be subject to a 6-month probationary period.

2. Items (B) 2 through 6 above shall apply.

D. Medical Lateral Transfer

1. Employees are subject to medical, lateral transfers shall be subject to a six-month probationary period.

2. Medical laterals who do not pass qualification period will again be evaluated for current vacancies for which they qualify based physical restrictions and which are within the other guidelines (Section 4.4)
SECTION 7.4 LAYOFF PROVISIONS
A. Management agrees that in expending any savings which accrue to the City as a result of the repeal of the retirement allowance adjustment programs, the City shall give the highest priority to retaining and rehiring as many as possible of its employees subject to layoff or reduction.

Management retains the right to modify or eliminate this section pursuant to any court action or subsequent legislation which overturns, modifies or repeals AB 702.

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B. Prerequisite for Layoff
When as a result of a cutback in personnel it becomes necessary to initiate a layoff of employees in any representation unit covered by this agreement, the following shall be the prerequisite to such a layoff:

1. All temporary, seasonal and/or recurrent and probationary employees have been released from the class.

2. Employees in the class have been given an opportunity to seek lateral transfer to existing vacant positions (See Section 7.4).

3. Management will meet and consult with the representatives of TME-AFSCME over alternative courses of action to avoid such layoff.

4. Notice of actual layoff shall be given no less than fifteen (15) days before the date of implementation. Such shall include :
a. Classification where layoff is to occur;
b. Seniority list by total continuous City seniority of employees in the effected class; c. List of current permanent vacancies in all classes represented by TME-AFSCME; d. Separate notice to any employee in the class who has two (2) or more below standard ratings within the preceding three (3) years.

C. Order of Layoff

1. Employees who have two (2) or more below standard ratings within the preceding three (3) years shall be laid off first. Any employee whose most recent rating out of the last three (3) years is standard or above may be excluded from this section;

2. Next layoff shall occur on the basis of City-wide seniority, the least senior employee based on total continuous employment shall be laid off first and any subsequent layoff shall proceed to the next least senior;

3. Ties in Seniority:Where the total and continuous employment of two (2) employees are of the same length, seniority shall be decided by the drawing of lots.

D. Voluntary Reduction of Class
An employee so laid off may choose voluntary reduction of class so as to avoid layoff.

1. Such voluntary reduction can be to a lower .class of previous standing or to a lower class in the same occupational grouping (See Section 2.1 ).

2. If the voluntary reduction in class causes a layoff in the lower class, such layoff shall follow the provisions of this section .

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E. Recall
Employees who laterally transfer, take a voluntary reduction or are laid off pursuant to the provisions of this section shall have their names entered onto a recall list for the classification of original standing.

1. Such list shall be in inverse order of layoff, lateral transfer or reduction.

2. A recall list shall be kept by the Civil Service Commission and shall be used when any vacancy for that class is to be filled.

3. The list shall be maintained until all names have been offered an opportunity for recall or at the end of two (2) years, whichever occurs first.

4. The appointing authority shall offer appointment to the first name on said list. If the individual accepts, he or she shall be appointed. (After sixty [60] days from the date of layoff the employee may be required to take a medical examination so as to ensure the employee is medically and mentally capable of performing the duties of the class. The individual shall still be required to meet the minimum standards of the class.) F. Layoff from Other Representation Units
In the case of a layoff in a classification not covered by this agreement, an employee who had previous employment in a classification covered by this agreement shall have the same rights as listed in subsection c), provided, however, that such an employee's seniority shall be based solely upon total employment in classifications covered by this agreement.

SECTION 7 .5 INACTIVE STATUS
Subject to the approval of the employee's Department Head, the City Manager and the Civil Service Commission, an employee may request inactive status.

A. Such a request must be made before the termination of an employee or within thirty (30) days of such termination.

B. Inactive status shall continue for no more than one (1) year .

C. Inactive status shall qualify a past employee to be certified as a name in addition to the five (5) open or three (3) promotional eligible for a vacant position in the classification from which he was terminated.

D. All employee benefits shall not accrue during such inactive status and the employee shall have a break in continuous employment.

SECTION 7.6 CLASSIFICATION STUDIES
A. The City retains the right to conduct and prepare classification studies. The City retains the absolute right to reallocate budgeted funds from vacant positions.

B. Whenever the City wants to revise a class specification, the following will occur:

1. The City will send a copy of the proposed revised class specification to TME both electronically (via e-mail to the union president) and by mailing a hard copy to the address specified for Union notices in Section 11.1. ·
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2. TME will, within 14 days of the date that the revised class specification was sent, inform the City in writing (to the address identified in this agreement for the City to receive notices) whether it:
a. agrees to the revised class specification; or
b. wants to meet and confer over the proposed changes to it.

If the parties reach an agreement on the revised class specification, it will then be submitted to the Civil Service Commission for review and then submitted to the Torrance City Council for final approval.

3. If TME informs the City that it wishes to meet and confer, it will, within the same letter (requesting to meet and confer) inform the City of the dates within the next 30 days (from the date of the letter) that it is available to meet and confer.

4. Upon receipt of the request to meet and confer letter from TME, the City will inform TME of the dates that are available over the next 30 days to meet and confer.

5. The parties agree that they will try to reach an agreement as expeditiously as possible and hope that multiple meetings are unnecessary. However, given that an agreement may not occur, the parties agree to meet at least twice a week for at least four hours per meeting during the 30 day period after the City receives notification from TME of its request to meet and confer. The 30 day period (to negotiate over the class specification) may be extended if mutually agreed by both parties. In fact, since negotiations will also include compensation for the proposed classification, the parties agree to extend the negotiations by an additional 60 days (only if necessary, for a total of 90 days) for the purpose of negotiating regarding proposed compensation of the class specification. The parties agree that the first 30 days is to negotiate over the class specification itself and the additional 60 days is to give the parties the time to gather information on compensation and engage in meaningful negotiations regarding compensation of the class specification. For the additional 60 day period, the parties agree to meet as necessary to complete the process within that time frame .

6. If the parties reach an agreement on the revised class specification, it will then be submitted to the Civil Service Commission for review and then submitted to the Torrance City Council for final approval. ·

7. If at the end of 30 days for negotiations on the class specification and the additional 60 days for negotiations on proposed compensation (or when either side believes negotiations are completed when mutually extended) the parties do not reach agreement on the revised class specification, the parties agree to resolve their impasse in accordance with this article, not the City's impasse procedure. Both parties specifically agree that this procedure is the sole and exclusive method for revising class specifications (including proposed compensation for the proposed classification) and that neither the City nor the Union can go through the impasse resolution process to resolve differences over class specifications . The parties agree to utilize a Fact Finder in accordance with the following timeline:

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a . Selecting a fact finder within ten (10) days. If the parties cannot agree on a fact finder within the same ten (10) day period, the parties will request a list from the State Mediation and Conciliation service of individuals qualified to serve as fact finders and shall engage in a striking process until a fact finder is chosen. (If using the State Mediation and Conciliation service, the parties will request "expedited availability-arbitrators" who have indicated they typically have at least five open dates within the 60-day period after appointment.) b. Participating in the fact finding process within (sixty) 60 days. If the chosen fact finder cannot agree to be available to conduct the fact finding within sixty (60) days of contact by both parties, the parties agree to immediately contact the last person stricken from the prior list. If that person is similarly not available to complete the fact finding within sixty (60) days, the parties agree to contact the next person stricken until such time as one of the individuals on the list indicates that he or she can conduct and complete the fact finding within sixty (60) days. c. Preparing and submitting the final report by fact finder within (thirty) 30 days The parties agree to inform the proposed fact finder, that according to their agreement, the fact finding report must be issued within thirty (30) days . d. The 100 day fact finding period may be extended if mutually agreed by both parties. While 100 days is the agreed upon time frame for completion of the fact finding procedure, both parties recognize the need for flexibility . Therefore, days allotted for each segment of the procedure may be carried over to the next segment or borrowed from the next segment. At the end of the entire process, if additional time is required for the final report, either party may extend the segment by an additional seven days without consent.

8. Following the fact finding process, the City will submit the proposed revised class specification, individual positions by City and the Union, and the report of the fact finder to the Civil Service Commission for review and decision. The subject of compensation is not within the jurisdiction of the Civil Service Commission. As such, the Commission will not make any decisions regarding compensation. The decision of the Civil Service Commission (including the report of the fact finder and relevant material) will be submitted to the Torrance City Council for final decision. The Council's decision will include a decision regarding the proposed class specification and compensation based on the information (the report of the fact finder and relevant material) presented to it.

9. A maximum of four (4) revisions may be made to class specifications during the term of this agreement. Additional revisions to class specifications may be if mutually agreed by both parties.

10. By agreeing to the above procedure, the parties hope to expeditiously agree on or reach resolution of differences regarding class specifications.

C. In the event of a modification of a class specification, the City and the employee group will meet and confer with regard to the status of the incumbents and their hours, wages and working conditions. A permanent incumbent employee in a current classification covered by the agreement will not have wages and/or benefits reduced as a result of the above actions.

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I
D. Either party may request a study of a particular position or series of positions during the life of this agreement. In any event, TME-AFSCME shall be notified prior to the studies.

SECTION 7.7 PERSONNEL FILES
TME-AFSCME and management agree to incorporate Labor Code Section 1198.5 into this agreement by reference. This section relates to employee access to his/her personnel file.

SECTION 7 .8 WORK RULES
The City shall have written work rules for each Department. Such rules shall be transmitted to TME-AFSCME Local 1117 upon any revisions. No rules relating to wages hours, benefits and working conditions shall be changed or otherwise modified without meeting and conferring.

SECTION 7.9 USE OF CITY VEHICLE
The use of an assigned City vehicle shall be for City purposes only and misuse shall be grounds for disciplinary action.

SECTION 7.10 SENIORITY
Seniority will be defined as hire date with the City of Torrance for all purposes , including but not limited to, bidding for overtime and shift assignments, vacation and layoff. In the case of two or more employees who were hired on the same date, the employees will flip a coin in the presence of the Union President.

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ARTICLE 8-GRIEVANCES
SECTION 8.1 DEFINITION OF GRIEVANCE
A grievance is a complaint by one or more employees concerning the application or interpretation of ordinances, rules, policies, practices or procedures within the scope of this agreement affecting the employee's wages, hours and working conditions.

SECTION 8.2 SCOPE OF GRIEVANCE PROCEDURE
This procedure shall be used to resolve every grievance for which no other methods of solution are provided by law; provided, however, that it shall not include a complaint arising from disciplinary action.

SECTION 8.3 THE GRIEVANCE PROCEDURE
A. First Step: Supervisory Level

1. The employee(s) and/or the representative(s) shall notify the supervisor that he/she/they are bringing a grievance.

2. The grievance may be presented orally or in writing. If the grievance is presented in writing, it must be on the grievance form. The employee(s) or representative(s) must complete each section of the form. If the form is not complete, it will be returned to the employee(s) or representative for completion. The timeline will be extended for five (5) working days to complete this task.

3. The aggrieved employee(s) and/or a representative shall meet with the employee's immediate supervisor.

4. The immediate supervisor may ask for a superior to participate .

5. If a grievance is not resolved by the end of the fifth full working day, after being received by the immediate supervisor, the employee may within ten (10) working days appeal in writing to the Department Head on a form provided by the City.

6. If a grievance is against a Department Head , the employee shall appeal in writing to the City Manager.

7. Copies of grievances filed at this level of the grievance procedure will be sent to the president of TME Local 1117.

B. Second Step: Department Head Level

1. The aggrieved employee(s) and/or a representative(s) shall meet and consult with the employee's Department Head, or City Manager if grievance is against Department Head.

2. The Department Head may have the employee's superiors present at such conference .

3. If the grievance is not resolved by the end of the fifth (5 th ) full working day after being received by the Department Head, the employee may within ten (10) working days appeal in writing to the City Manager.

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C. Third Step: City Manager Level

1. The aggrieved employee(s) and/or a representative(s) shall meet and consult with the City Manager or a designee.

2. The City Manager may require the Department Head to be present at such conference.

3. If grievance is not satisfactorily resolved by the end of the fifth (5th) full working day after being received by the City Manager, the employee may! with the concurrence of TME, appeal in writing within ten (10) working days to the City Manager for binding arbitration.

If the employee fails to appeal! 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.

D. Fourth Step: Arbitration

1. As soon as is practicable, and in no case later than ten (10) working days after receipt of an appeal, the City Manager or designee shall request a list of seven (7) names from the American Arbitration Association or the State Mediation and Conciliation Service.

The parties shall alternate between the American Arbitration Association and State Mediation and Conciliation Service.

2. Representatives of TME-AFSCME and Management will select an arbitrator within three working days from receipt of the list. If agreement cannot be reached from among 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 the flip of a coin.

3. The decision of the Arbitrator shall be final and binding. Such decision shall not add to or otherwise modify the language of this agreement.

4. Cost of arbitration shall be equally shared by the parties.

SECTION 8.4 GENERAL GRIEVANCE PROVISIONS
A. All time periods specified in this Article may be extended by mutual consent of the aggrieved employee(s) or his representative(s) and the Management representative involved and must be done in writing.

B. The aggrieved employee(s) and representative(s) shall be allowed reasonable time off to participate in the grievance proceedings without loss of pay for the time so spent. (For the purpose of Workers' Compensation and retirement, any City employee involved shall be considered on duty during any grievance procedure.)
C. A grievance shall be considered untimely if not presented by the employee within thirty (30) calendar days of the alleged grievance or within thirty (30) days of its effect upon the employee in those instances where it is shown that the employee could not reasonably have known of the grievable action.

D. Written grievances shall be on a form provided by the City.

E. Management will notify TME-AFSCME of any grievance involving the terms and condition~ of this Memorandum of Understanding.

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F . The TME-AFSCME representative has the right to be present at any formal grievance conference concerning a grievance that directly involves the interpretation or application of the specific terms and provisions of the Memorandum of Understanding.

G. Employees are assured freedom from reprisal for using this grievance procedure.

H. An employee who has initiated a grievance or assisted another employee in initiating and/or processing a grievance shall not in any way be coerced, intimidated or discriminated against.

I. If the City fails to respond within any of the timelines set forth above , the grievant may proceed automatically to the next step.

J . All parties shall participate in good faith at each step of the process. Failure to do so may result in the grievance being denied.

SECTION 8.5 STEWARDS
A. Annually on November 1, TME-AFSCME will submit to the Human Resources department and City Manager a written list of employees who have been selected as stewards. Any additional list shall be transmitted to the Human Resources department and the City Manager upon additions and/or deletions of stewards. The number of stewards assigned to the City work sites shall be determined by TME-AFSCME. The list shall be kept current by TME.
8 . When attendance at a formal grievance conference is requested or required, the stewards shall first obtain permission from their immediate supervisor and inform the supervisor of the nature of the business.

C. Upon entering other work locations, the stewards shall inform the supervisor in charge of the nature of the steward's business.

D. The officially designated on-site steward or alternate may, with the permission of his/her supervisor, be released from duties one-half hour early for the purpose of reviewing personnel file(s) necessary for the processing of grievances/disciplinary matters. Such review must have the written authorization of the employee(s) involved and must be coordinated with the Personnel Department prior to the review.

E. TME-AFSCME LOCAL 1117-AFSCME agrees that a steward shall not receive additional compensation for the time spent performing any function of a steward.

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ARTICLE 9 -GENERAL
SECTION 9.1 SECURITY PROVISIONS
A. The following agency shop provision shall apply to employees in all classifications listed in this agreement.

1. No later than thirty (30) days from the beginning date of employment each employee shall either become a member of Torrance Municipal Employees, AFSMCE Local 1117 (hereinafter referred to as TME) or pay to TME a service fee of ninety percent (90%) of the monthly dues and general assessments of TME.

Any employee who is a member of a bona fide religion, body or sect that has historically held conscientious objections to joining or financially supporting public employee organizations shall not be required to join or financially support any public employee organization as a condition of employment. The employee shall be required, in lieu of periodic dues, initiation fees or agency shop fees, to pay sums equal to the dues to a non-religious, non-labor charitable fund exempt from taxation under Section 501 c (3) of the Internal Revenue code, chosen by the employee from the below list of funds. ■ Brotherhood Crusade
• United Way
■ Mothers in Action
An authorization card will be distributed by TME-AFSCME LOCAL 1117 during the new employee orientation meeting.

B. The City will provide to TME AFSCME Local 1117 a listing of all new employees, their classifications, departments and department \division telephone numbers within two weeks of their hire date.

C . The City shall deduct the dues , service fee or charitable contribution from the check issued during the second pay period of each month of each employee in the bargaining unit as specified by TME-AFSCME under the terms contained herein.

D. The City shall also apply this provision to every permanent employee who transfers into this representation unit after July 30, 1989, within 60 calendar days of the transfer.

E. TME-AFSCME LOCAL 1117 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 TME-AFSCME LOCAL 1117 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.

F. Any employee who has initially elected to pay a service fee or make a charitable donation instead of becoming a member of TME-AFSCME LOCAL 1117, and subsequently desires to become a member in good standing of said organization, may, without penalty, begin payment of full union dues beginning with the next payroll period and continue such membership during the effective life of this agreement.

Resolution 2023-44 53 TME-AFSCME

G. Every employee represented by TME-AFSCME LOCAL 1117, upon hire by the City, shall be provided with a packet of information relevant to TME-AFSCME LOCAL 1117 membership and organizational activities. Such packet, prepared by TME-AFSCME LOCAL 1117, shall include the name of the employee organization president, and shall be approved by the City for relevant content prior to distribution.

H. TME-AFSCME Local 1117 shall keep adequate and itemized record of its financial transactions and shall make available annually to the City Manager or his designee 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 account.

SECTION 9.2. NON-DISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY AND

DISCRIMINATORY HARASSMENT
A. The City and TME-AFSCME Local 1117-support the concept of equal employment opportunity.

B. Neither the City nor TME-AFSCME Local 1117-shall discriminate on the basis of age, sex, marital status, disability, medical condition, race, color, national origin, religion, sexual orientation, union affiliation, or political affiliation.

C. The City and TME-AFSCME Local 1117 agree that they will work to ensure a working environment free of discriminatory harassment.

D. If the employee has a complaint based on discrimination, he/she may make a complaint under Administrative Memo 18 or make a complaint to the Department of Fair Employment and Housing or the Equal Employment Opportunity Commission or file a grievance alleging a violation of the contract.

SECTION 9.3 JOB ACTION
A. TME-AFSCME and its members agree that during the term of this agreement there shall be no strike, slowdown, concerted use of sick leave or other concerted job action.

B. In the event of an unauthorized job action, the City agrees that there will be no liability on the part of TME provided the employee organization promptly and publicly disavows such unauthorized action; orders the employees to return to work and attempts to bring about a prompt resumption of normal operations; and provided further that the employee organization notifies the City in writing within forty-eight (48) hours after the commencement of such job action what measures it has taken to comply with the provisions of this section.

C. In the event such actions by the employee organization have affected resumption of normal work practices, the City shall have the right tq take appropriate disciplinary action against individual employees participating in the concerted job action.

Resolution 2023-44 54 TME-AFSCME

SECTION 9.4 TRAINING
A. Job Training
During the life of this agreement, the representatives of TME-AFSCME and Management will jointly develop a training program. The intent of this program will be to encourage upward mobility and to develop the full potential of the employee.

B. Special Training
$1,700 shall be made available to provide training regarding upward mobility. Such shall be jointly administered by Management and TME.

C. The City shall work in cooperation with TME with employees interested in specific skill training to make equipment and assistance available where possible for training during the employees off duty hours.

D. In addition, there will be a one-time amount added to the contract in the amount of $8,935 to be used for the purchase and distribution to its members the "California Public Employee Relations Program" easy Reference Series Pocket Guides.

E. Additionally, an annual amount of $1000, shall be budgeted for the purpose of training employees covered by this agreement. The fund may be used for employee training, member relations and other employee enhancement programs. Training funds may also be used for purchasing materials, equipment or paying training personnel. Training or activities must be done on non-work hours, or when employees use leave time to go to training. TME- AFSCME Local 1117 will submit invoices to the City itemizing the disbursement request The City will have the right to review such disbursement request.

SECTION 9.5 EMPLOYEE RELATIONS LEAVE
An amount equal to 22 work shifts (or 198 hours for the combined TLEA, TME-AFSCME Local 1117 organization) per fiscal year shall be available for employees to participate in Employee Relations Leave outside the City. If the 198 hours are used up, and if there is a convention that requires the use of additional hours, impacted employees may ask their Department Heads for permission to use up to an additional 3 shifts (27 hours) with the concurrence of the City Manager or designee. This 27-hour amount is not subject to carry over if unused.

The City will track these costs and any amount requested over this amount may be taken, but employees must then use their own accrued time such as vacation or compensatory leave or attend meetings without pay. Unused hours from the previous year can be carried over and will be used first in subsequent years; however maximum shifts used in any one year can never exceed 30 shifts (or 220 hours). The three discretionary shifts subject to Department Head and City Manager approval cannot be carried over.

SECTION 9.6 CIVIL SERVICE EXAMINATIONS
Any employee who has applied for, and been notified of acceptance to take a Civil Service examination for a City of Torrance position, may take paid time off to take the examination if it takes place during his/her regular work shift. The employee, however, must give seventy-two (72) hours' notice to his/her supervisor of the examination in order to receive pay. (Copy of Civil Service appointment slip is appropriate notification.) · Resolution 2023-44 55 TME-AFSCME

SECTION 9.7 WELFARE TO WORK
Duties normally performed by employees represented by AFSCME Local 1117, shall not be assigned to welfare recipients, welfare to work participants or any public, private or nonprofit organization using the services of welfare recipients. Such individuals shall displace no AFSCME Local 1117 represented employees. Displaced shall be defined as partial displacement such as reduction in hours of work, wages or employment benefits.

SECTION 9.8 FAMILY-SCHOOL PARTNERSHIP LEAVE
The parties agree that they will adhere to the State Law (Labor Code Section 230.8) allowing 40 hours (a maximum of eight hours per month) of unpaid (however, employees may use accrued vacation or compensatory time) participation per calendar year to participate in children's school activities, including licensed day care. Employees are required to provide reasonable notice and, if requested, documentation.

Resolution 2023-44 56 TME-AFSCME

ARTICLE 10-MISCELLANEOUS
SECTION 10.1 MONTHLY MEETINGS
A. Management and TME-AFSCME agree to meet monthly to discuss any issues which may be brought forward by either party. The meetings shall on the first (1 st) Thursday of the month at a time and location agreeable to both parties . Any meeting may be canceled or rescheduled by consent of both parties .

B. Requests may be made for meetings to be held between stewards and/or executive board members and employees covered by this agreement. Upon request of the AFSCME departmental steward or executive board member, management will make every effort to provide a meeting room in close proximity to the department location. The request from the employee organization must be made to management in writing at least 72 hours in advance. Meetings shall be held before or after working hours and shall normally take place no more than once per month. Management will allow the employee organization to post notices on the meetings at least one day in advance.

SECTION 10.2 CONTINUED DISCUSSIONS
Parties will negotiate in good faith to reach an agreement within 6 months of the signing of this agreement to address market adjustments for the final remaining 15 classifications (listed below) per salary surveys .
• Air/Con Tech
• Animal Control Officer
• Lead Ranger
• Building Maintainer
• Sr. Building Maintainer
• Custodian
• Electrician
• Equipment Operator
• Pest Control Technician
• Telecomm Technician
• Traffic Painter
• Tree Trimnier \ ·:
• Wireless Technician
Management and employee group will continue to discuss the following items:
• Holiday Pay Calendar Guide
• Comprehens ive Class & Comp
• Uniform Language
• Release Time Language
• Building Maintainer Premiums
• Torrance Municipal Code Changes
• Modifications to Department Work Rules
• Premium Pay for new Computer Program requirements for Storekeeper Classification • Lead Jailer Premium (PSO/PSD Bilingual Pay)
• Transit Work Rules
• Establish Labor-Management Committee (LMC) to collaboratively explore solutions to the existing gaps between employee benefit contributions, out of pocket expenses , and coverage features .

Resolution 2023-44 57 TME-AFSCME

I
ARTICLE 11 -NOTICE
SECTION 11.1 NOTICE
A. Notices to City . The address for all Notices (hereinafter defined) given by the Union to City shall be:

City of Torrance
City Manager's Office
Attn: Chief Labor Negotiator
3031 Torrance Boulevard
Torrance, CA 90503
Fax: (310) 618-5891
B. Notices to the Union. The address for all Notices, dues payments, written correspondence or any other documents hereunder given by City to the Union shall be:

President
TME-AFSCME Local 1117
P.O. Box444
Torrance, CA 90508
(310) 944-4198

SECTION III 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 9th day of May 2023. ~U-f r Ge rge K. Chen
APPROVED AS TO FORM: ATTEST: Ji .. S~~ ~ Strader, Assistant City Attorney '--
Re ~ City Clerk
Resolution 2023-44 58 TME-AFSCME

ATTACHMENT A

CITY OF TORRANCE

PERSONNEL DEPARTMENT PROCEDURES AND RULES REGARDING

LONG TERM DISABILITY PLAN AND PARTIAL DISABILITY
I. PURPOSE
To provide a uniform approach for administering the City's Long Term Protection Plan.

II. DEFINITIONS

1. "Injury" means bodily injury caused by a non-industrial accident occurring while the employee is employed by the City.

2. "Sickness" means non-industrial sickness or disease causing loss of employment while the individual is employed by the City.

3. "Total Disability" means the substantial inability or physical incapacity of the employee to engage in his/her regular occupation or an occupation of similar compensation as a result of non-industrial sickness or injury.

4. "Partial Disability" means the substantial inability or physical incapacity of the employee to engage, except on a half-time basis, in his/her regular occupation or an occupation of similar compensation as the result of non-industrial sickness or injury.

5. "Regular Care and Attendance" means observation and treatment to the extent necessary under existing standards of medical practice for the condition causing the disability.

UI. BENEFITS UNDER THE CITY PROGRAM

1. Total or Partial Disability
If an injury or sickness results in continuous total disability or continuous partial disability or combination of both, the employee while covered hereunder, who requires "regular care and attendance", shall receive from the City the monthly benefit. The monthly benefit will terminate on the earliest of:
a. The date of death of the employee;
b. The date benefits have been incurred for the maximum benefit period; c. The date the employee retired (provided, however, that the employee shall receive a total of the monthly benefit related to a combination of both retirement and long term disability benefits if. totally or partially disabled to the normal expiration of benefits);
d. The date the employee ceases to be totally or partially disabled; Resolution 2023-44 60 TME-AFSCME

2. e. The date specified in a settlement agreement between the employee and the City.

The employee shall be eligible for benefits as noted below:

Full -time Emg loyment = Full-time LTD
Two (2) months One (1) month
Full-time EmQloyment = Part-time LTD
One (1) month One (1) month
Part-time EmgloY!!]ent = Full-time LTD
Four (4) months One (1) month
Pa[!-time Emgloyment = Part-time LTD
Two (2) months One (1) month
Recurrent Disability
a. If, following a period of disability due to sickness or injury, for which the Monthly Benefit was payable under the program, the employee shall resume duties of his or her regular occupation for a continuous period of one year or more, any subsequent disability resulting from or contributed to be the same cause or causes shall be considered as a new period of disability. b. If the injured employee resumes the duties of his/her regular occupation for less than one year period of time, the following shall apply:

1. A subsequent disability resulting from the same cause shall be considered a continuation of the original incident. The employee shall be eligible for the length of time specified in the Long-Term Disability Benefit section of the Resolution less that amount of time previously utilized for the same incident.

2. An employee who sustains a subsequent disability resulting from a new cause shall be eligible for one month of benefits for each two months of service worked in the intervening period of time plus any earned time remaining from the initial incident.
c. The determination as to whether a disability is a new incident or a continuation of an original incident shall be subject to verification by medical authority and appropriate supporting medical documentation.

IV. REDUCTIONS

1. The monthly benefit otherwise provided under this program for any period shall be reduced by any amount received by or due to be received by the employee from the following sources for the same period so that the total combined amount shall not exceed the employee's base pay:
a. Any State or Federal Government D!sability or Retirement plans; b. Salary or wages paid by the employer or other employer; c. Worker's Compensation or any similar law;
d. Any total disability and total and permanent disability provisions of any insurance policy; and
e. Unemployment insurance.

Resolution 2023-44 61 TME-AFSCME

V. TERMINATION OF COVERAGE

1. The coverage of any employee shall terminate on the earliest of the following dates:
a. The date the program is terminated by mutual agreement of the employee groups and the City of Torrance;
b.2 The date the employee leaves or is dismissed from the employment of the employer, is retired or leaves the representation groups covered by the Master Resolution.
c. The date of entry of the employee into military service except for temporary duty of 30 days or less.

2. Such termination shall be without prejudice to any pre-existing total disability claim of the employee except as agreed to between the parties in settlement.

VI. EXCLUSIONS

1. The program does not cover disability:
a. Resulting from any intentionally self-inflicted injury; b. Caused by or resulting from service in the Armed Forces of any country, except for temporary active duty assignments of not more than 30 days. c. Resulting from any act of war , declared or undeclared; d. Resulting from participating in or consequence of have participated in the committing of a felony.
2 Monthly benefits may extend beyond the termination date of employment for the maximum benefit period, provided, however, that insurance coverage was in effect at the time the injury/illness was sustained.

Resolution 2023-44 62 TME-AFSCME

Purpose

ATTACHMENT B

CATASTROPHIC LEAVE PROGRAM
{Revised June 29, 2017)
The purpose of this Catastrophic Leave Program is to allow employees to assist another employee during times of personal crisis when serious illness or injury has incapacitated him/her or a family member and the employee is therefore unable to work. It can also be used for employees who suffer catastrophic illness or injury who must undergo intermittent medical treatment such as chemotherapy. This program is solely for employees whose accrued leave balances have been exhausted.

Policy
The Catastrophic Leave Program allows an employee to transfer eligible leave hours (vacation, sick leave, compensatory time and/or administrative leave) to another employee when a catastrophic illness or injury occurs. A catastrophic illness or injury is defined as a serious health condition which substantially incapacitates an employee or qualifying family member, or which forces the employee or family member to undergo ongoing or lengthy substantial medical treatment. The illness or injury further creates a financial hardship because the employee has or will exhaust all leave time. For the purpose of the Catastrophic Leave Program, qualifying family member shall mean an employee's parents, step parents, spouse, registered domestic partner, children and stepchildren.

An employee will not be eligible for catastrophic leave until he/she has exhausted all leave time, including sick leave, vacation, compensatory time and administrative leave .

Donated hours may be used under the following situations:
• To cover the elimination period before short-term and/or long-term disability benefits begin .
• To supplement short-term and/or long-term disability benefits • To cover the time used on unpaid Family Leave
Procedures / Guidelines for Using Catastrophic Leave

1. Leave of Absence paperwork3 must be submitted to the Human Resources Department. It should include medical certification of a serious health condition per the FMLA guidelines and the dates the employee expects to be absent. The leave must be approved by the Department Head and the Human Resources Director.

2. Verification of illness or injury of the employee or qualifying family member must be provided in writing by the treating physician on the City provided forms.

3. The employee or representative makes a .request for catastrophic leave donations to the employee's department. The City Manager's Office is then notified and advertises the donation request via e-mail.
3 Leave of Absence Paperwork consists of "Request for Leave of Absence" form and either a form for personal illness or a "Family Medical Certification" form (for family illness).

Resolution 2023-44 63 TME-AFSCME

4. The period of absence will be determined by the written verification of the employee's or family member's physician and will not be based on the number of hours donated. Employees who are approved for the Catastrophic Leave Program due to a qualifying family member's catastrophic illness/injury may use donated time for a maximum of 12 weeks during a rolling one year period, as is allowed by the Family and Medical Leave Act.

5. Employees who are approved for the Catastrophic Leave Program due to a qualifying family member's catastrophic illness/injury may use donated time for a maximum of 12 weeks during a rolling one-year period, as is allowed by the Family and Medical Leave Act.

6. Employees must exhaust all personal leave hours (vacation, sick leave, etc.) prior to using any donated hours.

7. Employees will not accrue vacation, sick leave, or service time while using donated hours.

8. Donated hours may not be converted to cash ("cashed down").

9. The catastrophic leave bank will be closed and no further donations will be accepted under the following conditions:
• The ill/injured employee returns to work full time, or • The 12 weeks of Family Leave have been exhausted, or
• The ongoing, intermittent treatment program has been completed.

10. Donated hours will be based on the real value of leave time donated. If a donor employee makes less than the receiving employee, the real value of the donated hours will also be less, and therefore, the number of Catastrophic Leave paid will be less than the number of hours donated.

In these cases, any unused donated balances will be returned to the respective donating employees.

Any subsequent illness after the close of the bank will require a new request and approval.

Procedures/Guidelines for Donating Hours

1. Employees who wish to donate eligible leave hours must complete a Catastrophic Leave Bank Transfer Authorization form.

2. Donations of Catastrophic Leave hours are made on a voluntary basis.

3. All donated time must be in increments of one hour or more.

4. Donations of leave hours, once used, are irrevocable and become part of the receiving employee's leave bank .
5 . Employees with less than 40 hours of sick leave may not donate sick leave hours. This provision may be waived by the City Manager if a donating employee has given notice of terminating employment with the City and there is a current qualified Catastrophic Leave Bank recipient.

Confidentiality
To protect the confidentiality of the program, the names of individuals who donate will not be released. The exact amount of hours donated will be provided to the receiving employee upon request for the purpose of computing the length of time to be covered by the catastrophic leave bank.

Resolution 2023-44 64 TME-AFSCME

ATTACHMENT C

TRANSIT RUNS
In order to meet the requirements of applicable State laws, the following modifications to the methods of assigning transit runs are agreed to:

1. Full time, permanent bus operators will continue to bid and operate all biddable runs, which includes the scheduled overtime in each run.
2 . Full time, permanent bus operators will also bid and operate all scheduled vacation relief runs. This includes runs bid by the annual vacation bidding process, including 6 long term vacation periods and 3 short term vacation periods taken by regular full time bus operators. (This represents up to nine persons on vacation per day)

3. other runs, up to a total of 500 hours per week (200 for the CBO's runs, and 300 for other runs), which come open as a result of industrial leave, sick leave, jury duty, excused, unexcused and other operator absences, plus other factors will be filled by "at will" Relief Drivers based on operational convenience as defined by Torrance Transit management. 4 . The current "Extra Board" will no longer exist. The rules pertaining to the extra board will no longer exist. A "vacation board" and a "fill-in board" will replace it. Permanent, full time operators will operate the "vacation board." "At will" Relief Drivers bus operators will operate the "fill-in board."
5 . Transit Management and TME will adhere to all applicable laws governing Torrance Transit. Furthermore, Transit management will monitor drivers on duty time to ensure compliance with the "Rolling 8/80" law.

6. Relief Drivers are described as follows.
a. All current CBO's (Commuter Bus Operators) will become "Relief Drivers" and will be able to drive on any of the runs as outlined above.
b. Additional drivers will be hired in the description of "Relief Drivers" and may be used for the commuter runs or the runs as described above.
c. All "Relief Drivers" will earn an hourly rate as noted in the TME MOU. They will also be covered by the current City contract with TME as it applies to PERS retirement. d. "Relief Drivers" will be represented by TME. They will be "at will" employees, and as such will have no "Skelly" rights, will not be permanent City employees, and can be terminated for any reason. They are not covered by City of Torrance Civil Service rules and regulations or any other personnel ordinances other than specifically agreed to.
e. Relief Drivers will be covered by the State of California mandates as it applies to Workers Compensation benefits.

7. Transit Management will ensure that every attempt will be made to evenly offer work to all "Relief Drivers." They will , however, have no seniority or bidding rights on the work available.

8. This entire agreement will be reviewed by both parties at the end of twelve months of operation and any necessary modifications will be discussed.

Resolution 2023-44 65 TME-AFSCME

ATTACHMENT D
CITY OF TORRANCE AGREEMENT FOR AB98
August 17, 2005 at 4:10 p.m.

A. Upon agreement by both parties, Management will re-establish the former schedule. The bid will start the day following the agreement with the new runs starting the beginning of the pay period.

B. The City agrees to establish a Joint Labor/Management Committee as specified in Transit Work Rules Article 3, Section 3.6. Labor representatives will be comprised of three permanent bus operators, and one lead bus operator appointed by the President of the Union.

C. Operators will be able to drink water while the bus is not in motion. All operators shall be allowed to drink water only, in a transparent plastic bottle (not to exceed 20 oz.) containing a sports cap or screw top lid.

D. Upon agreement by both parties by 5:30 p.m. on August 17, 2005, all operators will receive a one-time signing bonus of $500 dollars on a separate check (taxes will ·be paid at the end of the year by the operators).

E. One (1) fifteen (15) continuous minute rest/meal break will be provided to all bus operators on straight runs except Line 9 throughout the course of their shift approved by Dispatch. If an operator is running late for their break, they will be required to follow Departmental procedures by pressing the "Status 3" button on the radio. Once at their layover, they will contact Dispatch and indicate their status and the minutes down. Dispatch will make appropriate adjustments to the operator's schedule and allow a fifteen (15) minute break.

The Labor/Management Committee will meet within the next two (2) weeks to discuss adjustments to Line 9. Adjustments to Line 9 will be made to afford operators a fifteen (15) minute rest/meal break by December 31, 2005.

F. The Torrance Transit System and TME-AFSCME Local 1117 agree that the Torrance Transit System is exempted from Wage Order 9, and all conditions required in the Order have been met. TME-AFSCME Local 1117 will not bring any grievance, suit or other claim on behalf of itself or any of its members against the City or any subdivision thereof on the grounds that the City or its subdivision has violated Wage Order 9 or AB98 as of August 17, 2005.

G. The Torrance Transit System and TME-AFSCME, Local 1117 agree that all conditions required in the Order, for the Torrance Transit System to be exempted from the Order are met, as set forth below:

1. TME-AFSCME, Local 1117 is a valid labor organization that represents the classification of Bus Operators at Torrance Transit System.

2. The TME-AFSCME, Local 1117 and Torrance Transit System have a valid collective bargaining agreement for Bus Operators at Torrance Transit System.

3. The collective bargaining agreement provides for binding arbitration for all disputes arising out of the collective bargaining agreement.

4. Any disputes regarding this section shall be the subject to the Grievance provisions of the MOU.

Resolution 2023-44 66 TME-AFSCME

ATTACHMENT E

CITY OF TORRANCE MECHANICS' TOOLS SELF-INSURANCE PROGRAM

EMPLOYEE RESPONSIBILITIES
Inventory List
Each employee must fill out and submit to the Fleet or Transit Service Manager a list of ALL tools personally owned and used in the course of employment with the City. Any tool omitted from the list will not be covered under this insurance program . In addition to the inventory list, the employee must submit photos of all tools to be covered under this program.

It is the responsibility of each employee to keep updated inventory lists and photos of his tools on file with the City. As new tools are purchased and added to the employee's inventory list, a copy of the receipt for those tools must be submitted to the Manager along with the update to the inventory Inventory lists and photos must be submitted to the appropriate Manager within 60 days of the employee's start date with the City.

Claim for Loss
An employee may submit a formal Claim for Loss form when a loss exceeds the $200 deductible. If available, the receipt for the purchase of the lost tool(s) must be attached to the claim form.

Release of Claims
, Upon agreement by the City to pay for a loss, the employee must sign a Release of Claim form. Once this form is signed by the employee, the City will be released from any further liability regarding this particular claim.

RULES AND GUIDELINES
Property Insured
Subject to the terms, conditions and exclusions hereinafter contained, this policy insures from loss those tools required by the City for the employee to purchase and use during the performance of his duties as an Equipment Attendant, Mechanic, Senior Mechanic or Senior Welder. Tools must be itemized on the attached inventory list form in order to be covered under this policy, and said form filed with the City along with pictures of the tools.

Definition
Wherever the term "LOSS" is used it shall mean theft.

Exclusions
• Tools not inventory listed on the inventory list form • Tools not stored or used at the City Yard
Territorial Limits
This policy coverage is valid only within the limits of the City Yard and in City vehicles when in use on City business.

Resolution 2023-44 67 TME-AFSCME

Misrepresentation and Fraud
This coverage shall be void if, whether before or after a loss, the employee has concealed or misrepresented any material fact or circumstance concerning this insurance or the subject thereof, or the interest of the employee therein, or in case of any fraud or false swearing by the employee relating thereto. Presentation of a false claim is a felony (CA Penal Code Sec. 72).

Notice of Loss

1. The employee shall report in writing to Risk Management within 30 days of discovery of loss which may give rise to a claim under this coverage.

2. The employee shall also file a report with the Torrance Police Department (or other law enforcement agency if loss is from a City vehicle while in another jurisdiction) within 30 days of discovery of loss.

3. The employee shall file a formal Claim for Loss with the City within 60 days of discovery of loss.

Valuation
The City shall not be liable beyond the actual cash value of the tool at the time any loss occurs ; the loss shall be ascertained or estimated according to cash value with proper deduction for depreciation.

In no event shall the value exceed what it would cost to replace the tool with same of like kind and quality.

Settlement of Loss
All claims shall be paid or made good to the employee within 90 days after presentation to and acceptance by the City of satisfactory proof of interest and loss. No loss shall be paid or made good if the employee has collected the same from others.

Pair or Set
In the event of loss of any tool or tools which are a part of a pair or set, the measure of loss of such tool or tools shall be a reasonable and fair proportion of the total value of the pair or set, giving consideration to the importance of said tool or tools. In no event shall such loss be construed to mean total loss of the pair or set.

Parts
In the event of a loss of any part of tools consisting of several parts, the City shall only be liable for the value of the part lost.

Limit of Liability
The City shall not be liable beyond the cash value of the tool or tools.

Deductible Amount
A $200.00 single loss deductible shall apply to each claim for loss.

Identification
The City encourages that each employee's personal tools be marked with the employee's personal mark or initials.

Resolution 2023-44 68 TME-AFSCME

ATTACHMENT F
Request for Release Time Form
In accordance with your MOU, the City and the Union have agreed to utilize this form for the use of all Release Time.

Instructions: Please send a copy of this completed form (e-mail acceptable) to:

1. Your immediate supervisor

2. City Manager Designee ([email protected])

3. President, AFSCME Local 1117
Date Submitted ------------------------
Employee Name _______________________ _
Immediate Supervisor _____________________ _
Department/Division ______________________ _
Release Date(s) Requested ___________________ _
Scheduled Meeting Time(s) ___________________ _
Location of Meeting ______________________ _
Purpose (Check appropriate box)
□ Negotiations/Meetings with Management
□ Hearings
□ Meetings to Represent Employees
□ Executive Board Members (TME-TLEA-AFSCME only)
□ Other (Executive Board Member attendance at New Employee Orientation, Civil Service Commission Meeting , or City Council Meeting)
Signature Line for Supervisor ____________________ _
Employee Signature ------------------------
Resolution 2023-44 69 TME-AFSCME

Torrance City CouncilMay 9, 2023

Torrance City Council
May 9, 2023