RESOLUTION NO. 2024-09
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 POLICE OFFICERS
ASSOCIATION (TPOA), AND REPEALING RESOLUTION
NO. 2019-80
The City Council of the City of Torrance does hereby resolve as follows:
SECTION I
That Resolution No. 2019-80 is hereby repealed in its entirety.
SECTION II
The following Agreement between representatives of Management and the representatives of the Torrance Police Officers' Association is hereby approved in its entirety to read as follows Resolution 2024-08 Torrance Police Officers Association
MEMORANDUM OF UNDERSTANDING
TORRANCE POLICE OFFICERS ASSOCIATION
(TPOA)
A MEMORANDUM OF UNDERSTANDING SETTING
FORTH THE HOURS, WAGES AND WORKING
CONDITIONS FOR EMPLOYEES REPRESENTED BY
TORRANCE POLICE OFFICERS' ASSOCIATION
An agreement of the undersigned representatives of the Torrance Police Officers Association 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 January 1, 2024 to December 31, 2025, and was reached through agreement of the undersigned parties.
Signed this 27th day of February, 2024 .
MANAGEMENT
Isl Jeremiah Hart
Isl Ian Daily
Isl Jamie Le
Resolution 2024-08
TPOA
Isl Marc Sandoval
Isl Steven Masone
Torrance Police Officers Association
,
Table of Contents
ARTICLE 1 -INTRODUCTION ................................................................................................... 1 SECTION 1.1 INTRODUCTION .................................................................................... .' .......... 1 SECTION 1.2 MANAGEMENT RIGHTS AND PREVAILING RIGHTS ..................................... 1 ARTICLE 2 -WAGE PROVISIONS .................................................... -........................................ 2 SECTION 2.1 PAY RANGES AND CLASS TITLES ................................................................. 2 SECTION 2.2 BASE PAY RANGE ........................................................................................... 4 SECTION 2.3 METHODS OF COMPENSATION ..................................................................... 5 SECTION 2.4 SALARY SURVEYS .......................................................................................... 5 ARTICLE 3 -SPECIAL COMPENSATION PROVISIONS .......................................................... 6 SECTION 3.1 25-YEAR PREMIUM ......................................................................................... 6 SECTION 3.2 COMPENSATION FOR SUPERVISORS .......................................................... 6 SECTION 3.3 MOVE UP ASSIGNMENTS ............................................................................... 6 ARTICLE 4 -PREMIUM PAY ..................................................................................................... 8 SECTION 4.1 ASSIGNMENTS-DESCRIPTION AND DETAILS OF PREMIUMS ................... 8 SECTION 4.2 EDUCATION INCENTIVE ............................................................................... 11 SECTION 4.3 BILINGUAL PAY ............................................................................................. 11 ARTICLE 5 -OVERTIME PROVISIONS ................................................................................... 12 SECTION 5.1 OVERTIME COMPENSATION ............................................... : ........................ 12 SECTION 5.2 EMERGENCY RESPONSE TEAM/ACCIDENT INVESTIGATOR CALL OUT TEAM .................................................................................................................................... 14 ARTICLE 6 -BENEFITS .......................................................................................................... 15 SECTION 6.1 EMPLOYEE INSURANCE ............................................................................... 15 SECTION 6.2 DEFERRED COMPENSATION PLANS .......................................................... 16 SECTION 6.3 RETIREMENT ................................................................................................ 17 SECTION 6.4 INDUSTRIAL SAFETY ................................................................................... 2 0 SECTION 6.5 UNIFORM ALLOWANCE ............................................................................... 21 SECTION 6.6 INDUSTRIAL DISABILITY RETIREMENT ...................................................... 21 ARTICLE 7 -BENEFITS RELATED TO TIME .......................................................................... 21 SECTION 7.1 VACATION ...................................................................................................... 21 SECTION 7.2 SICK LEAVE .................................................................................................. 22 SECTION 7.3 ANNUAL LEAVE ............................................................................................ 25 SECTION 7.4 HOLIDAYS ..................................................................................................... 26 SECTION 7.5 INDUSTRIAL INJURY LEAVE ........................................................................ 26 SECTION 7.6 JURY DUTY ................................................................................................... 26 SECTION 7.7 BEREAVEMENT LEAVE ................................................................................ 27 SECTION 7.8 LEAVE OF ABSENCE .................................................................................... 27 SECTION 7.9 SERVICE CREDIT ......................................................................................... 28 SECTION 7.10 SPECIAL ASSIGNMENTS UPON REQUEST OF EMPLOYEE ..................... 29 ARTICLE 8 -HOURS OF WORK ............................................................................................. 29 SECTION 8.1 NORMAL HOURS OF WORK ......................................................................... 29 ARTICLE 9 -CONDITIONS OF EMPLOYMENT ...................................................................... 30 SECTION 9.1 REQUIREMENTS AS TO CONTINUITY OF SERVICE .................................. 30 SECTION 9.2 PROBATIONARY PERIOD ............................................................................ 30 SECTION 9.3 INACTIVE STATUS ......................................................................................... 31 SECTION 9.4 NONDISCRIMINATION, EQUAL OPPORTUNITY AND HARASSMENT ....... 31 SECTION 9.5 EXEMPTION FROM OUTSIDE EMPLOYMENT RULE .................................. 31 SECTION 9.6 MEDICAL RECHECKS .................................................................................. 32 SECTION 9.7 CIVIL ACTION ............................................................................................... 32 SECTION 9.8 EXERCISE OF RIGHTS ................................................................................. 32 SECTION 9.9 PROCEDURE IN ADMINISTERING DISCIPLINE .......................................... 32 Resolution 2024·08 Torrance Police Officers Association
ARTICLE 10 -GENERAL PROVISIONS .................................................................................. 33 SECTION 10.1 MEET AND CONFER SESSIONS ................................................................. 33 SECTION 10.2 COLLECTIVE BARGAINING ........................................................................ 33 SECTION 10.3 JOB ACTION ................................................................................................. 33 SECTION 10.4 DUES CHECKOFF ....................................................................................... 33 SECTION 10 .5 EMPLOYEE RELATIONS LEAVE ................................................................ 33 SECTION 10.6 CONTINUED DISCUSSIONS ........................................................................ 34 ARTICLE 11 -GRIEVANCES ................................................................................................... 34 SECTION 11.1 DEFINITION .................................................................................................. 34 SECTION 11 .2 SCOPE ......................................................................................................... 34 SECTION 11 .3 PROCEDURE ............................................................................................... 34 SECTION 11.4 GENERAL GRIEVANCE PROVISIONS ........................................................ 36 EXHIBIT 1 ................................................................................................................................. 38 EXHIBIT 2 ................................................................................................................................. 39 EXHIBIT 3 ................................................................................................................................. 41 EXHIBIT 4 ...................................... , ......................... , ................................................................ 44 Resolution 2024-08 Torrance Police Officers Association
TORRANCE POLICE OFFICERS ASSOCIATION
(TPOA)
ARTICLE 1 -INTRODUCTION
SECTION 1.1 INTRODUCTION
The following is the Agreement regarding wages, hours and working conditions between the representatives of Management, herein referred to as the City, and the Torrance Police Officers Association, herein referred to as TPOA.
This agreement covers all employees in the classifications of Police Officer and Police Sergeant.
Individuals who are receiving a stipend as a police trainee in a separate resolution of the City of Torrance are not covered by this agreement.
SECTION 1.2 MANAGEMENT RIGHTS AND PREVAILING RIGHTS
The City shall have the exclusive right to determine the Mission of the Police Department, set levels of service to be performed, direct its employees, schedule employees, set watches, exercise control and discretion over the Police Department and operations, and determine the methods, means and personnel by which the Police Department's operations are to be conducted, and the levels of service met; provided, however, that the exercise of such rights does not preclude employees or their representatives from meeting and consulting with Management or filing grievances about the consequences that decisions on these matters may have on wages, hours and other terms and conditions of employment.
Prevailing rights, rules of conduct and all other working conditions in effect at the date of this Agreement and not inconsistent herewith shall be continued. Management shall have the right to amend, supplement or add to said rules during the term of this Agreement, provided, however, that Management shall first meet and confer with TPOA in establishing such changes. Such meetings shall be preceded by 72 hours prior notice. '
Resolution 2024-08 1 Torrance Police Officers Association
ARTICLE 2 -WAGE PROVISIONS
SECTION 2.1 PAY RANGES AND CLASS TITLES
A. Effective January 1, 2024
Classification Step Hourly Rate Biweekly Rate Monthly Rate Police Officer 1 42.00 3,360.00 7,280.00
Police Officer 2 44.10 3,528.00 7,644.00
Police Officer 3 45.00 3,600.00 7,800.00
Police Officer 4 49.14 3,931.20 8,517.60
Police Officer 5 54.06 4,324.80 9,370.40
Police Officer 6 56.76 4,540.80 9,83 8.40
Classification Step Hourly Rate Biweekly Rate Monthly Rate Police Sergeant 1 58.86 4,708.80 10,202.40
Police Sergeant 2 61.22 4,897.60 10,611.47
Police Sergeant 3 61.81 4,944.80 10,713.73
Police Sergeant 4 64.90 5,192.00 11,249.33
1) Police Officers are granted Step 4 at the start of 4 years 2) Police Officers are granted Step 5 at the start of 10 years 3) Police Officers are granted Step 6 at the start of 15 years 4) Police Sergeants are granted Step 2 at the start of 8 years 5) Police Sergeants are granted Step 3 at the start of 13 years 6) Police Sergeants are granted Step 4 at the start of 20 years B. Effective February 11, 2024
Annual Rate
87,360.00
91,728.00
93,600.00
102,211.20
112,444.80
118,060.80
Annual Rate
122,428.80
127,337.60
128,564.80
134,992.00
Effective February 11, 2024, employees will be placed on the new salary grids based on their current step placement and their corresponding years of service as of February 10, 2024 as out lined below:
Police Officers
• Employees on Step 1 shall be placed on Step 1
• Employees on Step 2 shall be placed on Step 2
• Employees on Step 3 shall be placed on Step 3
• Employees on Step 4 with 4 years of service or less shall be placed on Step 4 • Employees on Step 4 with 5 years of service shall be placed on Step 5 • Employees on Step 4 with 6 years of service shall be placed on Step 6 • Employees on Step 4 with 7 years of service shall be placed on Step 7 • Employees on Step 4 with 8 years of service shall be placed on Step 8 • Employees on Step 4 with 9 or more years of service shall be placed on Step 9 • Employees on Step 5 with 8 years of service or less shall be placed on Step 8 • Employees on Step 5 with 9 years of service shall be placed on Step 9 • Employees on Step 5 with 10 years of service or more shall be placed on Step 1 O • Employees on Step 6 shall be placed on Step 10
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Police Se rgeants
• Employees on Step 1 shall be placed on Step 1
• Employees on Step 2 shall be placed on Step 2
• Employees on Step 3 with 17 years of service or less shall be placed on Step 1 • Employees on Step 3 with 18 or 19 years of service shall be placed on Step 2 • Employees on Step 3 with 20 years of service or greater shall be placed on Step 3 • Employees on Step 4 shall be placed on Step 4
• After completing the above placement, Police Sergeants receiving the 6% Sergeant Supervisory Incentive as of February 10 , 2024 shall be advanced to Step 6 immediately. For those not receiving the 6% Sergeant Supervisory Incentive and placed at Step 4 that had an anniversary date between January 1, 2024 and February 10, 2024, shall be granted Step 5 .
Classification Step Hourly Rate Biweekly Rate Monthly Rate Annual Rate Police Officer 1 43.89 3,511.20 7,607.60 91,291.20
Police Officer 2 46.08 3,686.40 7,987.20 95,846.40
Police Officer 3 48.38 3,870.40 8 ,385 .87 100,630.40
Police Officer 4 51.40 4,112.00 8,909.33 106,912.00
Police Officer 5 52 .69 4,215.20 9,132.93 109,595.20
Police Officer 6 54 .01 4,320.80 9,361.73 112,340.80
Police Officer 7 55.36 4,428.80 9,595.73 115,148 .80
Police Officer 8 56.74 4,539.20 9,834.93 118,019.20
Police Officer 9 58 .16 4,652.80 10,081.07 120,972.80
Police Officer 10 59.61 4,768.80 10,332.40 123,988.80
Classification Step Hourly Rate Biweekly Rate Monthly Rate Annual Rate Police Sergeant 1 64 .08 5,126.40 11,107.20 133,286.40
Police Sergeant 2 65.68 5,254.40 11,384.53 136,614.40
Police Sergeant 3 67.32 5,385.60 11,668.80 140,025.60
Police Sergeant 4 69.00 5,520.00 11,960.00 143,520.00
Police Sergeant 5 71.07 5,685.60 12,318.80 147,825.60
Police Sergeant 6 73.20 5,856.00 12,688.00 152,256.00
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C. Effective December 1, 2024:
Classification Step Hourly Rate Biweekly Rate Monthly Rate Annual Rate Police Officer 1 45.65 3,652.00 7,912.67 94,952.00
Police Officer 2 47.93 3,834.40 8,307.87 99,694.40
Police Officer 3 50.33 4,026.40 8,723.87 104,686.40
Police Officer 4 53.48 4,278.40 9,269.87 111,238.40
Police Officer 5 54.82 4,385.60 9,502.13 114,025 .60
Police Officer 6 56.19 4,495 .20 9,739.60 116,875.20
Police Officer 7 57.59 4,607.20 9,982.27 119,787.20
Police Officer 8 59.03 4,722.40 10,231.87 122,782.40
Police Officer 9 60.51 4,840.80 10,488.40 125,860.80
Police Officer 10 62.02 4,961.60 10,750.13 129,001.60
Classification Step Hourly Rate Biwee kly Rate Monthly Rate Annual Rate Police Sergeant 1 66.67 5,333.60 11,556.13 138,673.60
Police Sergeant 2 68.34 5,467 .20 11,845.60 142,147.20
Police Sergeant 3 70.05 5,604.00 12,142.00 145,704.00
Police Sergeant 4 71.80 5,744.00 12,445.33 149,344.00
Police Sergeant 5 73.95 5,916.00 12,818.00 153,816.00
Police Sergeant 6 76.17 6,093.60 13,202.80 158,433.60
SECTION 2 .2 BASE PAY RANGE
A) Definition:
Base salary is set forth in Section 2 .1 for a particular classification without consideration of any premiums, longevity, or extraordinary compensation .
B) Starting Pay Rates :
Initial appointment to the position of Police Officer shall normally be made at Step 2 upon graduating from the academy. Beginning December 1, 2024 the appointment shall normally be made at Step 1. Upon recommendation of the Police Chief or designee, and approval by the City Manager or designee, initial compensation may be at a higher step in the range for the class based on the outstanding and unusual character of the employee's experience or educational ability over and above the qualification requirements specified for the class. The rate at which an employee will be placed upon hire is within Management's discretion.
An employee shall be credited with one year of service credit for every year of paid full- time experience in police work as a sworn officer at another California city. This amount of credit will not be pro-rated for partial years of experience. For purposes of this section, police work shall be defined as any work normally done by officers of the Torrance Police Department including Sheriff's deputies assigned to jail duties. No credit is allowed for military service or time spent working in a federal or state custody facility.
Resolution 2024-08 4 Torrance Police Officers Association
Appointment to a sworn position with Torrance Police Department shall determine departmental seniority.
C) Step Advancement within a Base Pay Range:
Salary step advancement within a range, except as stated below, shall take place annually on the beginning of the pay period nearest the anniversary of appointment to Police Officer or promotion to Police Sergeant.
Upon recommendation of the Police Chief or designee and approval of the City Manager or designee, an employee may be accelerated more quickly in the advancement through the salary steps if outstanding performance justifies such recommendation. Each subsequent step increase shall take place a year after such accelerated step advancement. The Police Chief or designee retains the sole discretion to make such a recommendation. Failure to make such a recommendation is not subject to the grievance procedure of this agreement.
D) Rate of Pay on Promotion :
Whenever an employee covered by this agreement is promoted, the employee shall be placed at the lowest step of the position promoted into, which will result in either:
1) The employee receiving a pay increase of 5% (including base pay, any assigned premiums as a Police Officer, education incentive pay, and 25-year premium), or; 2) The employee receiving a pay increase has their base pay set appropriately to ensure a 5% total pay differential from any potential subordinate's total pay rate, whichever is higher.
a. For the purposes of the above calculation (Section 2 .2.D.2), a supervisor and subordinate's total pay rate shall include only base pay and any premium assigned in Section 4.1, except Hazard Pay. Further, the calculation shall not include premiums included in Section 4.2 (Education Incentive) and Section
4.3 (Bilingual pay).
SECTION 2.3 METHODS OF COMPENSATION
Compensation shall be earned on an hourly basis and payments due shall be paid on a biweekly basis unless otherwise specified in this Agreement. By mutual consent of the parties, more frequent payment and other modifications can be made.
SECTION 2.4 SALARY SURVEYS
The City agrees to use only the following survey agencies and benefits for the purposes of future contract negotiations.
A) The survey shall consist of information gathered for positions covered under this agreement commencing with 6 and 16 years of service .
B) The following cities shall be surveyed:
Beverly Hills, Burbank, Culver City, Gardena, Glendale, Hawthorne, Inglewood, Pasadena, Redondo Beach, Santa Monica.
Resolution 2024-08 5 Torrance Police Officers Association
C) It is the intent of the City of Torrance to maintain salaries and other components of the City's total compensation package at levels which will attract and retain highly qualified individuals.
D) The survey will consist of the following compensation elements:
• Base Pay
• Longevity Pay
• Holiday Pay
• Uniform Allowance
• Education Incentive
• P.O.S.T . Incentive
• PERS -employee contribution paid by employer
• Matching deferred compensation paid by employer
• Health insurance paid for by City (highest coverage provided as paid by the City) • All other premium shall be excluded.
ARTICLE 3 -SPECIAL COMPENSATION PROVISIONS
SECTION 3.1 25-YEAR PREMIUM
A) For employees with a sworn date at the City of Torrance before January 1, 1990, commencing with the 25th year of total service as a sworn safety employee with the City of Torrance, employees shall receive a premium of 7.5% above base pay.
B) For employees with a sworn date at the City of Torrance on or after January 1, 1990, commencing with the 25 th year of total service as a sworn safety employee with the City of Torrance, employees shall receive a premium of 5.0% above base pay.
C) Advancement shall take place on the beginning of the pay period nearest the anniversary of the beginning of the 25th year of total and continuous service.
SECTION 3 .2 COMPENSATION FOR SUPERVISORS
All Police Sergeants covered by this Agreement shall have their base pay set appropriately to ensure a 5% total pay differential from any potential subordinate 's total pay rate. For the purposes of this calculation, a supervisor and subordinate's total pay rate shall include only base pay and any premium assigned in Section 4.1, except Hazard Pay. Further, the calculation shall not include premiums included in Section 4.2 (Education Incentive) and Section 4.3 (Bilingual pay).
SECTION 3.3 MOVE UP ASSIGNMENTS
A) Objective :
The objective of this Section is to provide an equitable and orderly manner of paying employees for work done and responsibility assumed when that employee is moved up to a higher classification (a police officer is moved up to Sergeant or a Sergeant is moved up to Lieutenant) during the temporary absence of another employee .
Resolution 2024-08 6 Torrance Police Officers Association
B) Assignment:
1) When an employee is temporarily absent from his/her job or is on a special assignment or attending educational classes, another employee may be assigned by the Police Chief or his/her designee at his/her discretion to do the work of the absent employee.
2) The Police Chief or designee may permit the position to remain temporarily vacant if in his/her opinion the public health, safety, and welfare are not jeopardized. 3) An employee may decline a move up assignment.
C) Duration of Assignment:
An 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 12 months duration . 2) If the work is not performed in a satisfactory manner, the Police Chief or designee may replace the employee who has moved up or leave the position unfilled. Such replacement does not trigger an appeal right by the employee who was moved up.
D) No Probationary Period Credit
Time served by an employee assigned to a higher class under the provisions of this Section shall not be credited toward that employee's probationary period in the same higher class.
E) Priority for Move Up Assignments:
1) Priority for move up assignments shall be given to employees regularly employed in the next lower classification in the division and on the watch where the vacancy occurs; otherwise, to employees regularly employed in a lower classification and who are among the first three employees on the eligible list for the higher class assuming that such an eligibility list exists.
2) If the absence of the incumbent continues in excess of 60 consecutive days, and an eligible list exists for the class, the Police Chief or his/her designee shall assign the move up position to a person who is among the first three on the eligible list commencing with the 61 st consecutive day of absence.
F) Determination of Priority
In the event that there is no eligible candidate within the department on the eligible list for the vacant position, the department head or his/her designee may assign any employee under his/her supervision whom he/she certifies is capable of performing the work of the absent employee.
Resolution 2024-08 7 Torrance Police Officers Association
G) Absence of Move Up Employees:
If a moved up employee is absent, another employee may be assigned during such absence, subject to all provisions of this Article.
H) Move Up Pay for Vacant Position :
1) An employee moved up, as provided herein, shall be paid for all days worked in the higher class at a premium of 5% above the current base pay of that employee including earned longevity and special step pay increments. 2) For the purpose of this Section, four consecutive hours or more shall constitute a day or watch.
3) For the purpose of this section, the position of Field Supervisor is required to be staffed 24 hours every day, regardless of the nature of any vacancy.
ARTICLE 4 -PREMIUM PAY
Reassignment of personnel to other positions within the Department are made on a routine and periodic basis for the professional development of the employee, and the efficient operation of the Department. Sworn personnel reassigned from premium pay positions that result in reduced compensation are entitled to an administrative appeal.
SECTION 4.1 ASSIGNMENTS -DESCRIPTION AND DETAILS OF PREMIUMS Premiums requiring licenses/certificates will be assigned on the following pay period after it was earned. Below is a summary of the premiums, with detailed explanations following this table:
Assignment Years of Service Reguirement {if Com~ensation annlicable\
K-9 3.5% of base pay
Hazard Pav 10% of base pay
Field Training Officer 7% of base pay
Investigative Through completion of the 2nd year. 3.5% of base pay Assignment Start of the 3rd year, experience need not 5% of base pay be continuous.
Staff Premium From O -2 years 3.5% of base pay
From 3 yrs. -thereafter, experience need 5% of base pay not be continuous.
Communication Officer 5% of base pay
in Charge
Public Safety Dispatch 5% of base pay
Training Officer (timecard; per hour
worked)
Police Sergeants 6% of base pay
Supervisory Incentive (eliminated 2/10/24)
Pay
Gang Detail Through completion of the 2nd year . 3.5% of base pay 5% of base pay
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Assignment Years of Service Regu irement (if Com~ensation aoolicable)
Start of the 3rd year, experience need not
be continuous.
Torrance Mental Through completion of the 2 nd year. 3.5% of base pay Evaluation Team Start of the 3rd year, experience need not 5% of base pay (TMET) be continuous.
T echnoloav Officer 5% of base pay
A) K-9 Officers shall receive :
1) A premium of 3.5% of base pay per month prorated on an hourly basis while so assigned.
2) Per deployment period, four hours overtime, at the rate of 1 ½ times the employee's regular hourly rate, for routine care and maintenance of the assigned K-9. 3) Three hours per week of one-on-one obedience training in conjunction with scheduled weekly K-9 training day, subject to immediate response upon Watch Commander call.
B) Hazard Pay
An employee in the classification of Police Officer and Police Sergeant assigned to a 2-wheel motorcycle patrol duty shall receive a premium of 10% of base pay while so assigned.
C) Field Training Officer (FTO) Assignment
1) Qualifications:
a) Three years as a Torrance Police Officer or two years' experience as a Torrance Police Officer and one-year patrol experience at a prior police agency. b) Be selected by Standing Patrol Committee and approved by the Commander of the Patrol Bureau.
c) Former (per POST) FTO -Should the existing list be exhausted and there is an immediate need to add an FTO to the Committee, the Standing Patrol Committee, subject to the approval of the Patrol Bureau Commander, may select a qualified officer to temporarily fill the position. Concurrently, a test to establish a new list will be scheduled. The new list will be promulgated within 45 days of the temporary appointment. Until such time that a test is given, the temporary FTO shall receive FTO compensation. Upon promulgation of a new list, the temporary FTO{s) shall be removed and a replacement selected from the list. 2) Additional Duties of Field Training Officer:
a) Training of probationary Police Officers .
b) Active participation on the Patrol Committee.
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3) Maintaining Status :
FTOs will receive the additional FTO pay only while assigned in either of the duty assignments indicated.
4) Testing :
a) Testing for FTO will be scheduled on an as needed basis in order to maintain an active eligibility list. An application period of at least 15 days shall be provided to all qualified officers. Notification shall be by Department Notice. b) The eligibility list shall reflect the numerical ranking of each candidate on the list and said list shall remain in force and in effect for six months or until exhausted.
Selection shall be made in numerical order only. Any deviation from such order shall be explained in writing.
c) Officers who have prior FTO experience or who have already attended the approved FTO school may, with the concurrence of the Standing Patrol Committee and the Patrol Bureau Commander, be added to the end of the existing list, without having to take or retake the current FTO test.
Officers selected in this manner must take and pass the next test to remain a member of the Standing Patrol Committee .
D) Investigator Premium Pay Assignment
a) Must be an investigative position working in the Special Operations Bureau, Community Affairs Division as a Community Lead Officer, Personnel Division as a Background Investigator or Patrol Division as a TMET Investigator. b) Must be a Police Officer.
E) Staff Premium
Employees assigned to the following positions shall receive a premium delineated as follows:
• Community Relations Officer
• Range Master
F) Sergeants Supervisory Incentive Pay
All Sergeants who supervise staff in an official police capacity having the years of service identified in Section 4.1 above shall quality for 6% commencing with the sixth year of service in the rank of Sergeant. Effective February 10, 2024 this premium is being eliminated and incorporated as additional steps in the base pay grids.
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G) Technology Officer
Employees assigned this premium are responsible for supporting technology advancements in the department including body-worn cameras, MDCs, Automatic License Plate Readers, and other related items, which requires specialized knowledge to maintain and upgrade these various technologies. The Technology Officer is also responsible for creating debriefing videos for the department.
SECTION 4.2 EDUCATION INCENTIVE
Premiums requiring degrees/certificates will be assigned on the following pay period after it was earned . Below is a summary of the premiums, with detailed explanations following this table:
Catego~ Gomgensation
POST Intermediate Certificate 11 % of base pay
POST Advanced Certificate 16% of base pay
Bachelor's or Master's deqree 3% of base pay
A) Upon achievement and approval of departmental application for either the Intermediate or Advanced Certificate, an employee shall be eligible for the premium listed above. 1) The P.O.S.T. certification standards shall be the same as those presently in effect by Peace Officer Standards and Training Certification Program or as subsequently revised, except for the years of service requirement. See Exhibit 1. 2) An employee must maintain these standards and retain the respective certificate in order to continue to receive this educational incentive premium.
B) As an incentive for education advancement, the City shall pay an amount equal to three percent (3%) of the applicable base salary after attainment of a Bachelor's or Master's degree in Police Science, or a related field, from an accredited college or university.
Related field shall mean a Bachelor's or Master's degree which requires courses in business, public administration, science, computer science, supervisory or administrative, emergency and/or medical, or any other job-related courses deemed applicable by the Chief of Police. The determination of qualified related Bachelor's degrees shall be at the discretion of the Chief of Police.
SECTION 4.3 BILINGUAL PAY
Upon approval of the department of the eligibility (per Department policy) of an employee to receive bilingual pay, the eligible employee shall receive $125 per month.
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ARTICLE 5 -OVERTIME PROVISIONS
SECTION 5.1 OVERTIME COMPENSATION
A) Employees covered by this Agreement shall be compensated by pay at the rate of 1 ½ times the employee's hourly rate inclusive of the below premiums while so assigned, for hours worked in excess of a regularly scheduled watch, or on a regularly scheduled day off. Effective February 25, 2024 an employee's regular hourly rate shall include base pay, education incentive pay, bilingual pay, any assigned premiums in Section 4 .1, and 25-year premium. However, the parties agree that notwithstanding that the provision of overtime exceeds the law, the City has adopted the FLSA's Section 7(k) work period of 28 days.
The adoption of Section 7(k) does not change the City's agreement to pay overtime in excess of the FLSA.
1 ) Overtime shall be computed for actual time worked except as specified in Subsections 2 and 3.
2) An employee called out for emergency work, meetings, Internal Affairs interviews and other internal departmental activities shall be compensated at the regula r overtime rate for a minimum of two (2) hours.
3) An employee 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 three hours or for the actual time spent in court inclusive of travel time and the court's lunch break if required to report back to court following lunch. If on- duty hours are contiguous to this three (3) hour minimum, the employee shall be compensated for actual hours spent in court .
4) An employee placed on call at home for a court appearance shall be compensated at straight time on an hour for hour basis (exclusive of one hour scheduled for lunch for full day scheduling).
5) Minimum Staffing Level -Any employee who has volunteered for MSL (Minimum Staffing Level) shall be required to report for duty or be subject to disciplinary action.
An employee may be required to work overtime if no employees volunteer regarding maintenance of Minimum Staffing Level or in case of an emergency. 6) Submitting Hours Worked : All employees are required to submit all time worked in the department's scheduling and timekeeping system by their next shift so that all overtime worked in the pay period can be compensated by the pay day following the end of the pay period. The parties to this agreement are committed to ensuring that all employees in the department get paid for every hour they worked in the pay period. 7) Deferred Income: An employee may select to defer overtime payment into the 457 plan by submitting the appropriate payroll forms.
8) Disciplinary Suspension: Employees on disciplinary suspension who are subpoenaed to court shall be compensated on an hour for hour basis at straight time with no minimum .
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B) Compensatory Time Off
1) Employees who earn overtime can select to receive compensatory time off (CTO) at the rate of 1.5 hours for each hour of overtime worked up to a maximum of 60 hours of accrued CTO. Once an employee has 60 hours, accrued CTO, he/she may not earn additional CTO until some of his/her accrual is used. 2) An employee wishing to use any accrued CTO (either a full or partial shift) must provide the department with reasonable notice. An employee must provide notice no later than 48 hours and no earlier than two weeks prior to the effected deployment period. If such notice is provided, the CTO will be granted unless to do so would be unduly disruptive to the department. If less than 48 hours' notice is given, the employee's supervisor may still grant the request, but such decision will be at the supervisor's discretion and not subject to challenge. A maximum of 50% of a shift may use CTO at one time. Up to 60 hours of CTO may be used adjacent to or during a pre-scheduled vacation. In addition, CTO may not be requested during special deployments such as the Armed Forces Day parade and 4th of July deployment, prescheduled department training day or during an unusual situation such as civil disorder. The impacted bureau commander will be the arbiter regarding what constitutes unduly disruptive or an unusual situation.
3) Minimum Staffing Level: Whenever an employee requests to use CTO, if the use will cause the particular shift to go below its Minimum Staffing Level, the employee requesting the CTO must find a replacement. If the shift was already below MSL before the first CTO request, again, the employee must find a replacement; however, they are not required to find an employee to fill the MSL. Additional employees requesting CTO must find a replacement and find an employee to fill the MSL. 4) CTO Cash Down: Employees may cash in up to 100% of their accrued compensatory time off 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 of the months named.
C) Vacation Compensation Time Off
1) During the term of this contract, all employees covered under this MOU will be allowed to accrue Vacation Compensation Time Off (VCTO). Upon working overtime, employees can elect:
• To be paid for overtime;
• To defer hours to CTO up to a maximum accrual of 60 hours; or • To defer hours to Vacation Compensation Time Off to a maximum accrual of 40 hours.
2) VCTO must be used in conjunction with a pre-scheduled vacation . 3) VCTO cannot be cashed down.
4) If VCTO is discontinued, at the conclusion of this contract, employees will no longer be able to accrue VCTO; however, they will be able to exhaust existing hours in accordance with section 2 above.
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D) Employment Voluntarily Chosen
1) Employees in the classification of Police Officer, Police Sergeant, who voluntarily agree to accept an outside assignment (e.g., City of Torrance Recreation Department, Torrance Unified School District, and others as approved by the Chief of Police), shall receive compensation at their regular overtime rates and will be paid at a minimum of three hours for work in such an assignment. 2) Such employees may be in uniform as directed by the Chief of Police or his/her designee and will be covered by the Workers' Compensation Insurance provisions of this agreement.
3) Any employee who has voluntarily agreed to work in such an outside assignment shall be required to report as scheduled or be subject to disciplinary action.
E) Patrol Double-time Pilot Program
The Patrol Double-time Pilot Program will cease after February 24, 2024 to implement the adjusted overtime rate identified in Section 5.1.A. During this pilot program, the 1.5 rate referenced in Section 5 .1.A will not apply to patrol shifts as described in this section.
Employees covered by this Agreement shall be compensated at the rate of 2 times the employee's regular hourly rate, based on a 40-hour work week schedule, for overtime patrol hours worked in excess of a regularly scheduled watch, or on a regularly scheduled day off. .
1) Employees in the classification of Police Officer, Police Sergeant, who voluntarily agree to accept an outside assignment (e .g ., City of Torrance Recreation Department, Torrance Unified School District, and others as approved by the Chief of Police), shall receive compensation at their regular overtime rates and will be paid at a minimum of three hours for work in such an assignment. 2) Such employees may be in uniform as directed by the Chief of Police or his/her designee and will be covered by the Workers' Compensation Insurance provisions of this agreement.
4) Any employee who has voluntarily agreed to work in such an outside assignment shall be required to report as scheduled or be subject to disciplinary action.
SECTION 5.2 EMERGENCY RESPONSE TEAM/ACCIDENT INVESTIGATOR CALL OUT TEAM The intent of this program is to provide a timely response to requests for Investigative personnel and does not preclude the callout of other specialized investigators.
Employees assigned to the Emergency Response Team/Accident Investigator Call Out Team shall receive standby pay equal to 11 hours (compensated at time-and-a-half) per week of assignment. This pay shall be guaranteed regardless of the scheduling of the employee during the period.
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Employees assigned to the Emergency Response Team/Accident Investigator Call Out Team must be available on call during the week so assigned to respond to call-outs. In addition, at least one officer shall report to the Station on Saturdays and Sundays (excluding the Accident Investigator Call Out Team) of the assigned week to review in-custodies and daily work. Time spent in excess of routine review of daily work and in-custodies will be compensated at regular overtime rate. Management will provide a car and mobile phone to those employees assigned to the team.
The operation of this program is subject to the direction and control of management and may be discontinued.
ARTICLE 6 -BENEFITS
SECTION 6.1 EMPLOYEE INSURANCE
A) Cost of Medical Insurance for Active Employees :
The City shall pay the applicable monthly PERS minimum contribution per employee for active employee health insurance. In addition to the PERS Minimum Contribution, the City shall provide active employees with an additional contribution. The aggregate amount shall be referred to as the "City Contribution".
Effective January 1, 2024
1 Party 2 Party Family
City Contribution $685.04 per month $1,434.67 per month $1,786.58 per month B) Cash-In-Lieu Payments
Full-time employees covered under this Resolution who meet the following requirements will receive a cash-in-lieu payment of $500 per month for as long as the employee opts- out of medical coverage:
Resolution 2024-08
a . 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").
b. 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. c. The employee must provide such reasonable evidence and attestation of alternative required coverage every plan year during open enrollment d. 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.
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B) 401 (a) Plan
1) The City will contribute $39.23 per pay period to the deferred compensation program for all employees in the plan who have completed nine months of service and who did not opt out of the plan as of June 30, 2001. For those employees who opted out of the 401 (a) Plan the $39.29 will be contributed to the 457 Plan described above.
Any employee not on the city payroll at the designated pay period deposit date will not be eligible for contribution for that period.
2) All new employees shall participate in the 401 (a) Plan. They may not choose to opt out of the plan.
C) Retirement Health Savings Plan (RHSP)
For retiring and separating employees, any hours under or equal to:
• 800 Sick Leave
• 400 Vacation Leave
• 100 Annual Leave
• 60 Comp Time
• 40 Vacation Comp Time
Will be deposited into the Mission Square Retirement Health Savings Program, therein referred to as the RHSP.
SECTION 6.3 RETIREMENT
A) The City is in PERS and contracts with PERS to provide the 3% @ 50 retirement formula to employees is this unit as set forth at government Code section 21632.2. A copy of the City's contract with PERS is on file in the City Clerk's Office. In addition, the City is under contract with PERS to provide Level 4 coverage under the 1959 Survivor's Benefit pursuant to Government Code section 21574 as well as Option 2 Death Benefit pursuant to Government Code section 21548.
B) The City shall pay the employee's 9% contribution to PERS for safety employees of Torrance Police Officers Association and will report the same percent (9) of compensation earnable pursuant to Section 20691 of the California Government Code.
C) The nine percent (9%) paid by the City shall be considered as employer-paid member contribution (EPMC) in accordance with Government Code§ 20-023 20636(c)(4).
D) Safety employees hired on or after January 1, 2012 shall pay the 9% member contribution 1) Section 6.3.B and C would no longer be applicable for employees hired on or after January 1, 2012.
E) In accordance with the provisions of the 2013 Public Employees Pension Reform Act (PEPRA), 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 enrolled in the 2. 7% at age 57 defined benefit formula with final compensation calculation period of three (3) consecutive years . Employees shall be responsible for fifty percent (50%) of the normal cost attributable to the applicable retirement formula .
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F) Employees who terminate after 20 years of total and continuous service, but are not yet 50 years of age, may be deemed by the Chief of Police to call themselves "retired" Torrance Police . This is an honorary designation and has no monetary value except in sick leave cash-out nor does it affect the PERS, City of Torrance, or TPOA interpretation of retirement. At the sole discretion of the Chief of Police, he may issue an identification card suitably marked as Retired. The provisions of this section cannot be unreasonably denied.
G) Retiree Stipend
The City shall pay to TPOA an amount equal to the sum of benefits due current members of TPOA who are retired in accordance with the following program:
1) All retirees who retired prior to June 25, 1995 with a minimum of 1 O years of service as a sworn officer with the City of Torrance shall qualify for the stipend plan. A list of the agreed upon qualified retirees to receive the stipend through payments made by TPOA is detailed on the Retirees List Schedule . (To be eligible for this stipend, a retiree had to be receiving a benefit from TPOA's Welfare and Benefit Fund as of July 1, 1997 .) The funding criteria, and vesting plan used in calculating the amounts in the Retirees List Schedule is described in items (a) and (b) below. Surviving spouses shall continue to receive the stipend as indicated on the Retirees List Schedule . a) Vesting will be at 5% of maximum benefit per year of service. (Example: 10 years of service as a sworn safety officer with the City of Torrance = 50% of maximum benefit; 15 years of service as a sworn safety officer with the City of Torrance = 75% of maximum benefit; and 100% maximum benefit = 20 years of service or greater as a sworn safety officer with the City of Torrance). b) Maximum Benefit
For employees who retired prior to July 30 , 1989 , maximum benefit will be $100 per month. For Employees who retired between July 30 , 1989 and June 25 , 1995, maximum benefit will be $150 per month.
2) a) All employees who retire after June 25, 1995, with 20 years of service as a sworn safety officer with the City of Torrance and who have reached age 50, shall qualify to receive through TPOA $332.62 per month until he or she reaches age
65. All future surviving spouses of such retirees shall receive a stipend of $150.00 per month . Upon reaching age 65, all retirees and surviving spouses of such retirees shall receive a stipend of $134 per month . b) The City will contribute annually the 2.5% cost factor for retiree health, in addition to the amounts provided in sections 1 (b) and 2(a) above. The annual amount payable will increase by the same base pay percentage increase for unit employees. For the term of this contract, the annual amount payable is:
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•
•
July 1, 2024
July 1, 2025
$1,120,381
$1,165,196
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This annual contribution will be divided equally by TPOA among qualified retirees (not surviving spouses with one exception per Note 1 below) receiving the quarterly stipend in July of each year and paid as an annual payment by TPOA with the July quarterly payment. This annual payment will be made by TPOA in the same manner the quarterly stipend payments are made.
Qualified retirees are defined to be retirees with 20 years of service as a sworn safety officer with the City of Torrance and who has reached age 50 in the 12 months prior to July 1 distribution until he or she passes away in the 12 months prior to July 1 distribution.
The additional .5% added to the Stipend in 2009 (which is funded by current employees giving up a .5% salary increase) is intended to cover the cost of making the benefit a lifetime benefit and to expand the pool of eligible retirees in the future. Accordingly, retirees who retire after February 24, 2009 with 15 years of service as a sworn safety officer with the City of Torrance and who has reached age 50 in the 12 months prior to July 1 distribution shall receive 75% of what the retirees that have 20 years of service receive, until he or she passes away in the 12 months prior to July 1 distribution .
Note 1: In the event of the death of the qualified retiree within the 12 months prior to July 1 distribution, the surviving spouse shall receive the July 1 distribution for that year.
3) Associate members
a) The associate members of TPOA have their own associations; therefore, this additional stipend is payable to the associate members as long as their Associations continue to contribute their contracted percent cost to TPOA for the stipend program.
4) Method of Payment
a) TPOA will invoice the City at the end of each fiscal quarter an amount equal to the stipend agreed to in section 6.3F(1 and 2) above.
b) Required administration fees and contingency reserve funds to be deducted from retiree's stipend.
5) Indemnification:
TPOA shall defend, indemnify and save the City harmless from any and all claims, demands, suits or any other action arising from the stipend program administered by the employee organization or its affiliates not caused by the City's negligence. 6) In the event the Association desires or for any other reason the Stipend program is discontinued, the 2.5 percent being used to fund the stipend shall be added to base pay for all unit members.
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SECTION 6.4 INDUSTRIAL SAFETY
A) Each new employee, at the time of hire, will be provided with the following equipment:
• Department issued weapon
• Holster
• Sam Browne Belt
• Cartridge Case
• Handcuffs
• Handcuff Key
• Handcuff Case
• Keepers ( 4)
• Key Holder
• Baton
• Baton Ring
• Flashlight (approved by Department)
• Bullet-resistant vest
• Two sets of uniforms
• Recording device
• OC Spray
• OC spray Container
• Taser*
• Taser Holster*
• Hobble
*Only while assigned to a Field Operation .
All equipment shall remain the property of the City .
B) Employees assigned to two wheel motorcycle patrol duty will be provided with a helmet, safety boots, gloves and safety glasses as specified in the Uniform and Equipment Manual.
C) Employees shall be required to turn in the designated safety equipment at time of termination . Employees who have completed probation may elect to repay the City a prorated amount for said equipment. The employee shall compensate the City at 100% for the first year of service and thereafter as follows:
After 1 year 90% After 6 years 40%
After 2 years 80% After 7 years 30%
After 3 years 70% After 8 years 20%
After 4 years 60% After 9 years 10%
After 5 years 50%
This buy-back shall be based upon the original purchase cost. For employees hired prior to July 1, 1993, years of service for purposes of this proration computation shall commence on July 1, 1993. Purchase cost for all Glock Model 21 pistols shall be based on the initial purchase price for each employee.
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D) The City shall pay for the replacement or repair of worn or damaged safety equipment when it is deemed unserviceable and when the replacement is approved by the employee's immediate supervisor and the department head.
E) Employees are subject to appropriate disciplinary action for failure to wear and maintain this designated safety equipment in the manner specified in department rules and regulations.
SECTION 6.5 UNIFORM ALLOWANCE
A) Employees covered by this agreement receive a uniform allowance every fiscal year in the form of a check in the amount of $170 . The allowance is PERSable for classic employees, regardless of how it is paid.
SECTION 6.6 INDUSTRIAL DISABILITY RETIREMENT
A. Employees hired prior to January 1, 2014 are covered under the California Public Employees Retirement System (CALPERS) for the 50% to 90% maximum industrial disability retirement.
B . Employees hired after January 1, 2014 are covered under the California Public Employees Retirement System (CALPERS) for the 50% maximum industrial disability retirement.
ARTICLE 7-BENEFITS RELATED TO TIME
SECTION 7 .1 VACATION
A) Employees in classifications covered by this Agreement shall earn vacation as follows :
YEARS OF SERVICE
Commencing with
0 year
2 years
3 years
4 years
6 years
10 years
15 years
21 years
Month ly Hourly Accrual
5 .00 hours
6.00 hours
7.00 hours
8.00 hours
10.00 hours
13.35 hours
14.67 hours
16.67 hours
B) Employees shall earn vacation and only while on payroll through the City and it shall be prorated on an hourly earned basis.
C) An employee may accrue vacation up to the amount earned over the preceding 24 months.
Vacation will be cashed down to the accumulated amount of 20 months when maximum is reached , with no loss of accrual.
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D) Employees may cash in up to 50% of their accrued vacation 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, employees may cash in at 100% of their hourly rate inclusive of longevity. Payment shall be made no later than the last pay period of the months named. Employees cashing out vacation must cash out at least 24 hours with at least 38 hours remaining after such cash out. Cash out may be taken as deferred income in the City's 457 plan subject to the provisions of the City's plan and subject to an understanding that such shall not be construed as earned income for retirement purposes, but rather an alternative means of receiving cash for vacation. (Any change in this interpretation shall require the liability for both the employee's and the employer's share of any retirement contributions to be assumed by the employee from the date of the inception of this program.)
E) The provisions regarding requests for scheduling and use of vacation are addressed in the Department Manual.
F) Effect of Separation
1) Vacation Borrowed
Any employee who does not have any accrued vacation may borrow up to 40 hours of unearned vacation subject to the approval of the Police Chief or his/her designee.
Once an employee starts to earn vacation, it will be credited against the amount borrowed. Thus, an employee with a balance of borrowed vacation will not be able to accrue vacation. Any vacation borrowed owed by a terminating employee shall be deducted from the employee's final pay.
2) Vacation Not Taken
At the time of separation, Section 6.2.C shall apply. Any vacation owed to a terminating employee shall be added to the employee's final pay at hourly rate plus longevity. (In case of retirement the employee may choose to use said vacation or cash it in. If added to final pay, it shall include projected hours earned.) SECTION 7 .2 SICK LEAVE
A) Sick leave is to be utilized by employees who are unable to work because of an injury or illness not arising out of the course of their employment, except as provided otherwise in this section.
Sick leave shall be earned employees in the following manner.
B) Summary:
SICK LEAVE ACCRUAL
Maximum Accrual 800 hours (refer to Item 1.3)
BORROWED SICK LEAVE
Commencing with year of service : Maximum Loan
Up to 173.3 hours. O -3 years
4 -thereafter May borrow one shift increments up to 8 shifts.
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Years of Service:
0 -3 years
4 -thereafter
C) Sick Leave Accrual :
SICK LEAVE (LOAN) REPAYMENT
Repayment:
8 hours per month of service.
Within 60 months (may use vacation or annual leave
with approval). After 60 months loan will be deducted
from unused vacation
1) All employees shall earn eight hours of sick leave per month.
D) Borrowing and Repayment of Sick Leave :
During the first three years of employment an employee may be authorized unearned sick leave for illnesses in excess of four work shifts. Such authorization cannot exceed a total of 173.33 hours per employee . Such shall require the authorization of the Police Chief or designee but shall not be unreasonably denied. The loan shall be paid back at the rate of eight (8) hours per each month of service.
Existing employees who have current loans and future loans must be repaid in no more than 60 months of service or will be deducted from unused vacation. (Such may, with the approval of the department head, be done through the use of vacation or annual leave if the employee so desires.)
E) Misuse of sick leave shall be grounds for disciplinary action .
F) Notification of Sickness:
1) To receive compensation while absent on sick leave, the employee shall notify his/her supervisor in the manner provided in department rules and regulations. 2) An employee who has used 50 hours or more within the preceding 12 months may be advised to furnish reasonable evidence, including a written statement from a medical professional, to substantiate any request for sick leave of one day or more. 3) The department may require a written statement from a medical professional without prior counseling where the absence is greater than three consecutive work days .
G) Family Sick Leave :
In accordance with California Labor Code Section 233, employees may use one-half (1/2) of their annual accrued sick leave (48 hours) per calendar year for the sickness of a child, parent, spouse, registered domestic partner, mother-in-law, father-in-law, sister, brother, stepfather, stepmother, grandparents, grandchildren or guardian.
H) Return from Sick Leave :
Upon return from sick leave, an employee may be required by the Police Chief or designee to report for examination by the City medical examiner to determine fitness for duty.
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I) Conversion of Sick Leave:
1) At the time of termination, except for disciplinary discharge involving public funds or conviction of a felony, after the appropriate years of service an employee covered by this Agreement shall have his or her accumulated sick leave converted by the City into cash on the following basis:
a) After 18 months of service in a class covered by this agreement, each hour of accumulated sick leave shall equal ¼ hourly pay.
b) After 7 years of service in a class covered by this agreement, each hour of accumulated sick leave shall equal ½ hourly pay.
c) After 20 years of service in a class covered by this agreement, each hour of accumulated sick leave shall be paid at 100% hourly pay inclusive of current educational incentive.
d) At retirement each hour of accumulated sick leave shall equal 100% hourly pay inclusive of current educational incentive. (Such includes projected time accrued.)
Hour for hour shall be paid to a beneficiary in case of death of an employee. For sections A-D, Section 6.2 C shall apply at the time final pay is issued. Any hours in excess of Section 6.2 C shall be automatically deferred to the 401 (a) plan. 2) Upon the accrual of 300 hours, an employee may elect to convert all additional sick leave to cash or a deferred compensation plan. Upon notification to the Finance Department on or before the 5th of February, May, August, and/or November of each year, employees may cash in at 100% of hourly rate inclusive of current educational incentive. Payment shall be made no later than the last pay period of the months named.
3) For those who participate in the 401 (a) plan :
a) Any hours of sick leave which would have been granted but unused shall be automatically converted into the 401 (a) plan as adopted by the City Council.
J) Retiring Employee :
A retiring employee may select cash payment as provided for unused sick leave or may choose to make use of same on an hour for hour basis, or a combination of the two.
An employee may choose to cash in sick leave at 100% hours pay in excess of 300 hours when taking vacation. The amount of sick leave cash out may be less than or equal to the amount of vacation time taken on an hour for hour basis. Such shall require 28 days prior notice on forms provided by the City.
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K) Catastrophic Leave :
The parties have agreed to a catastrophic leave program as described in Exhibit 2 to this MOU.
SECTION 7.3 ANNUAL LEAVE
A) Earning
I) Effective July 7, 1996, each employee shall earn in addition to vacation, annual leave as follows:
MONTHS OF SERVICE
Commencing with
13th month
25 th month
Monthly Compensation
6 hours
8 hours
B) Annual leave shall be eliminated by :
1) Employee taking one (1) or more day off during normal 28 day schedule subject to Police Chief or designee approval; or
2) Cash out as described in 7.3 C) below;
3) Adding a maximum of forty (40) hours to scheduled vacation subject to Police Chief or designee approval.
C) Annual Leave will be cashed out as follows :
By notifying the Finance Department on or before the 5th of February, May, August, and/or November of each year, employees may cash out at 100% of their hourly rate inclusive of longevity. Payment shall be made no later than the last pay period of the months named.
If no requests to cash out are made, employees may accrue annual leave up to the amount earned over the preceding 12 months. Annual leave will be cashed down to the accumulated amount of eight months when the maximum is reached with no loss of accrual. If an employee chooses to use sick leave and/or vacation at the time of retirement, all accrued annual leave shall be cashed in at the end of such use consistent with Section
6.2.C, and shall not be taken as additional time.
D) Def erred Income
An employee may select to defer into the 457 plan any cash in of annual leave in the same manner as for vacation.
E) Personal Leave for Uniformed Personnel
Four shifts of earned annual leave per calendar year may be used for personal leave subject to departmental guidelines. The leave shall not be accruable from year to year and, if used, shall be deducted from annual leave.
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SECTION 7.4 HOLIDAYS
A) Holiday Pay
Employees covered by this agreement shall be paid eight (8) hours pay (base pay plus PERS) for the following twelve (12) holidays:
• New Year's Day
• Lincoln's Birthday
• Washington's Birthday
• Memorial Day
• 4th of July
• Labor Day
• California Admissions Day
• Columbus Day
• Veteran's Day
• Thanksgiving Day
• Day after Thanksgiving
• Christmas Day
These holidays shall be paid as described above or may be taken as deferred compensation into the City's 457 plan and shall not be taken as time off.
SECTION 7.5 INDUSTRIAL INJURY LEAVE
A) In the event that an employee covered by this Agreement sustains an injury or illness occurring in the course of his/her employment with the City, the employee shall be entitled to those compensation prescribed by State law and all items of compensation specified in this Agreement.
B) An employee on industrial injury leave shall be under the direction of the City. He/she shall be available at all times during City business hours subject to the advice of his/her treating physician.
C) An employee on industrial injury leave shall be subject to the rights, protection and responsibilities of the Administrative Rules as shown in Administrative Memorandum 17.
SECTION 7.6 JURY DUTY
Any employee covered by this Agreement who is duly summoned to attend any court, during the time regularly required for his/her office of employment, for the purpose of jury service, shall be entitled, while engaged and actually serving, to his/her regular compensation, provided that he/she deposits his/her jury service fees other than for mileage reimbursement pursuant to the provisions of Administrative Rules, provided, however, that such shall be allowed to an employee only for the minimum time required by law.
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SECTION 7.7 BEREAVEMENT LEAVE
A) Each employee covered by this Agreement shall be entitled to up to three work shifts of bereavement leave, with pay per death of eligible family members. Immediate family for the purpose of this Section shall be defined as: spouse, mother, mother-in-law, father, father-in-law, sister, brother, child or guardian, stepfather, stepmother, stepchildren, grandparents or grandchildren.
B) Additional leave of up to two work shifts may be granted by the Police Chief or designee (at his/her discretion) due to a death or funeral which occurs out of state, or in the state of excess of three hundred (300) miles from the borders of the City of Torrance. In the event there is a question of the distance of a locale from the City, then a map from MapQuest shall be the deciding factor in the applicability of this section.
C) Such bereavement leave shall apply to a death in the immediate family as defined above.
In addition, up to one work shift of this leave may be used for a relative not named above subject to verification by the Police Chief or designee.
D) Bereavement leave shall not be accruable from year to year nor shall it have any monetary value if unused.
E) The City shall have the right to require verification from the employee .
SECTION 7.8 LEAVE OF ABSENCE
A) Family Medical Care Leave Act
The City will follow the requirements of the Federal Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA) which provides for up to 12 weeks of leave for the serious health condition of an employee, his/her child, parent, spouse or registered domestic partner, or to care for a newborn or child placed in the employee's home for adoption or foster care. The City utilizes the rolling year (look back over the previous 12 months) for purposes of administering the law.
B) Leave Without Pay:
1) A leave of absence without pay not to exceed five working days may be granted to any employee by the Police Chief or designee.
2) A leave of absence without pay for more than five working days, but not to exceed one (1) year, may be granted to any employee by the City Manager at his/her discretion.
3) A leave of absence without pay may be granted to any employee by the City Manager at for the purpose of accepting a temporary appointment to a State, County, Federal or local law enforcement agency.
C) Application for Leave of Absence
A request for leave of absence shall be forwarded to the appropriate authority (either the Police Chief or City Manager) in advance of the beginning date of the leave, upon forms supplied by the City, giving title of the position, the beginning and the ending dates of the leave requested, a statement of the reasons for such leave, and signed by the employee.
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D) Refusal of Leave of Absence
The Police Chief or designee or the City Manager shall refuse a leave of absence if such a leave is found to be contrary to the good of the City. A leave of absence for medical reasons if supported by medical documentation by a physician regarding the employee's functional limitations related to the performance of the essential functions of the job 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.
E) Holding Position Open
Upon the expiration of the 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 he/she occupied when the leave of absence was granted.
F) Medical Examination at Termination of Leave
If the City Manager has determined that an employee is unable to return to work for medical reasons he/she shall not return to work but shall have the right to submit the matter through medical review appeals procedure (hearing at the Civil Service Commission). Decision of the medical examiner shall be final.
G) Military Leave of Absence
A leave of absence for military service shall be granted to any employee as required by the laws of the United States or the State of California.
H) Return from Military Leave
1) Any employee returning from military leave shall have all rights and privileges granted by Federal law.
SECTION 7.9 SERVICE CREDIT
A) The Police Chief may appoint lateral transfer employees at a higher step on the salary range depending on experience .
B) In computing service credit for lateral transfers from other California cities for purposes of determining eligibility for education incentives, deferred program, promotional examination, and step increases, lateral transfers from other California cities shall be credited with one year of service credit for every year of paid full-time external experience in police work as a sworn officer.
C) For purposes of this section, police experience shall be defined as any work normally done by officers of the Torrance Police Department including Sheriff's deputies assigned to jail duties on a regular assigned basis. No credit is allowed for military service or time spent working in a federal or state custody facility.
D) Appointment to a sworn position with Torrance Police Department shall determine departmental seniority.
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SECTION 7.10 SPECIAL ASSIGNMENTS UPON REQUEST OF EMPLOYEE A) Employees on special assignment shall receive all of the benefits of this MOU, except:
covered by this Memorandum of Understanding shall be afforded provisions regardless of assignment, except:
1) Employees assigned to a regional task force; loaned to another agency as an instructor or operative; attending school as set forth in the Department Training policy; or, participating in any assignment of prolonged duration away from normal duties shall work the schedule of such assignment.
2) Any expectation required of any assignment shall be followed as if it were an expectation of the employee's normal assignment (e.g., random drug test). 3) Disciplinary matters arising during such an assignment will be adjudicated by the Department rather than the other agency.
4) Should the employee seek compensation, hours worked in excess of hours the employee would have worked in a normal assignment shall be compensated by overtime either from the other agency or the City of Torrance.
Expectations established by the other agency will be reviewed and approved by the Department, TPOA and the employee prior to such assignment.
ARTICLE 8 -HOURS OF WORK
SECTION 8.1 NORMAL HOURS OF WORK
A) Employees in the classification of Police Officer and Police Sergeant shall be in actual attendance on duty 9½ hours each work day (9 hours for employees on "0" Watch) inclusive of time allowed for meals, briefing, and training and shall work an average of 38 hours per week (36 hours on "0" Watch) during the 28-day work period.
B) Employees assigned to the Patrol Bureau shall be in actual attendance on duty either 9½ hours each work day Monday through Thursday (9 hours for employees on "00" Watch) or Friday through Sunday, 12½ hours each work day (12 hours for employees on "19" watch) inclusive of time allowed for meals, briefing, and training. Employees assigned Monday through Thursday shall work an average of 38 hours per week (36 hours on "00" Watch). Employees assigned Friday through Sunday shall work an average of 37½ hours per week (36 hours on "19" Watch) during the 28 day work period .
C) For pay purposes, employees shall be compensated as if 40 hours per week were worked and all computations for pay shall be consistent with Section 2.3.
D) The Hybrid Fixed Schedule is fully set forth in Exhibit 4, which is attached hereto and incorporated by reference.
SECTION 8.2 DAYS OFF
Employees regularly assigned a work day of 9 or 9½ hours shall have 12 days off each 28-day work period. Employees regularly assigned a work day of 12 or 12½ hours shall have 16 days off each 28-day work period.
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ARTICLE 9 -CONDITIONS OF EMPLOYMENT
SECTION 9.1 REQUIREMENTS AS TO CONTINUITY OF SERVICE
A) Service requirements for advancement within salary ranges for vacation, sick leave, longevity pay, police agent, special step pay, and educational incentive pay shall be based on continuous and total service as a regular employee.
1) Authorized leaves of absence without pay of 10 working days or less and leaves with pay shall not interrupt continuous service nor be deducted from total service. 2) Authorized leaves of absence without pay in excess of 10 working days, except for extended military leave, shall be deducted in computing total service, but shall not serve to interrupt continuous service.
3) Any authorized industrial accident leave shall not be deducted from total service and shall not break continuity of service.
4) For sworn personnel who voluntarily leave the City and then are rehired within 12 months of their separation, the time spent separated from the City shall be treated as though it were a leave of absence.
B) Abandonment of Position
1) All unauthorized absences without pay of three or more days in any 30 day period 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 be docked for any time not worked). Any unauthorized leave in excess of three work days in any 30 day period shall be deducted from total service and may at the discretion of the City Manager interrupt continuity of service. A break in the continuity of service shall mean that an employee would begin again anew.
C) Current employees who terminated under section 6.3.B, 20 year "retired" Torrance Police, and were subsequently rehired by the City shall not be deemed to have broken continuity of service.
SECTION 9.2 PROBATIONARY PERIOD
A) An employee in the classification of Police Officer shall be on probation for a period of one year from the date of appointment.
B) An employee covered by this MOU who is promoted to the next highest rank shall be on probation for that rank for a period of six months from the date of appointment. A promoted employee who fails probation into the promoted-into rank shall be entitled to his/her previous classification.
B) Probationary periods will be extended if the employee's performance of normally assigned duties are interrupted by industrial injury, extended illness/injury (in excess of 10 calendar days), light duty, extended vacation leave (in excess of 10 calendar days), or a leave of absence in excess of one pay period. Such extension shall be equivalent to the time lost.
The probationary period will-be extended by the amount of time equal to the time absent.
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SECTION 9.3 INACTIVE STATUS
A) Subject to the approval of the employee's department head, the City Manager and the Civil Service Commission, an employee may request inactive status:
1) Such a request may be made before the termination of an employee or within thirty (30) days of such termination .
2) The inactive status shall continue for no more than one year. 3) Inactive status shall qualify a past employee to be certified as a name in addition to the three (3) open eligibles for a vacant position in the classification from which he/she was terminated.
4) No employee benefits shall accrue during such inactive status and the employee shall have a break in continuous employment.
SECTION 9.4 NONDISCRIMINATION, EQUAL OPPORTUNITY AND HARASSMENT A) The City and the TPOA agree that both parties have a crucial role in the development and implementation of equal opportunities . Both parties mutually accept responsibility for carrying out these provisions of this Agreement. Neither party shall be responsible for the other party's negligence.
B) The City agrees to provide encouragement, assistance and appropriate training opportunities so that all employees may utilize their abilities to the fullest extent.
C) The City will exert every effort possible to encourage upward mobility of employees now at lower grade levels so that they may work at their fullest potential. The City will implement the redesigning of jobs where feasible and provide on-the-job training and work study programs and other training means.
C) The provisions of this Agreement shall be applied equally to all employees without regard to age, sex , gender, sexual orientation , marital status , race, color , creed, religion , national origin, union affiliation, political affiliation, disability and any other protected classification subsequently recognized by the law.
D) All employees are required to report any alleged discrimination or harassment in accordance with the City's Non-Discrimination Policy so it can be addressed immediately .
SECTION 9.5 EXEMPTION FROM OUTSIDE EMPLOYMENT RULE
Section 14.37.1-14.37.3 of the Torrance Municipal Code shall apply to employees covered by the provisions of this Agreement including the restrictions as to joint employment, administrative rules regarding the use of uniforms and City equipment, and a prohibition against working any labor strike; private investigation function or any liquor store or bar serving alcohol. The City shall be apprised by employees of their outside employment and the employee shall constrain outside employment if directed by the City doctor (provided in the latter case the employee may appeal in the manner prescribed under Section 8.6). Any employee on leave pursuant to Labor Code section 4850 is required to report any outside employment to his/her supervisor upon receipt of any income from such employment. In addition to the provisions listed in this section, employees must adhere to the provisions listed in General Order 2.18.
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SECTION 9.6 MEDICAL RECHECKS
City administered medical rechecks will be offered every two years for safety employees covered by the provisions of this Agreement over 35 years of age.
SECTION 9.7 CIVIL ACTION
Employees covered by this Agreement shall have the right, upon notification to the Police Chief, to bring civil suit against any person or group of persons, including heads or members of business, social or educational organizations, for damages suffered either pecuniary or otherwise, or for abridgment of their civil rights on account of their performance of official duties.
SECTION 9.8 EXERCISE OF RIGHTS
No employee shall be discharged, disciplined, demoted or denied promotion, or otherwise discriminated against in regard to his/her employment, or be threatened with any such treatment, by reason of his/her lawful exercise of the rights granted herein and/or the exercise-of his/her rights to initiate and pursue a grievance.
SECTION 9.9 PROCEDURE IN ADMINISTERING DISCIPLINE
A) Whenever a determination is made to administer discipline which constitutes suspension, demotion or termination, the following will be adhered to:
1) Prior to the imposition of a suspension, demotion, or discharge, an employee shall receive a written statement of charges and nature of the recommended discipline, at least five (5) days prior to the scheduling of a Skelly conference. 2) Any employee recommended for such discipline shall be afforded an opportunity to respond to the charges before the City Manager or his/her designee in accordance with the procedures established by the City Manager. The decision of the City Manager or his/her designee shall be given to the employee in writing . a) Prior to the administration of a disciplinary suspension of fifteen ( 15) days or less, the concerned employee is entitled to "Skelly" Conference with the Chief of Police or designee on the matter. The Chief of Police shall act as the hearing officer during this hearing .
b) Prior to a suspension of more than fifteen (15) days, a demotion or a discharge from City employment, the concerned employee is entitled to a "Skelly" Conference with the City Manager or designee .
3) Any employee who has been suspended, demoted or discharged, may, within ten ( 10) days following the date of service of written notice of the imposition of discipline, file a written request with the Civil Service Commission for a review of such suspension, demotion or discharge.
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ARTICLE 10-GENERAL PROVISIONS
SECTION 10.1 MEET AND CONFER SESSIONS
Up to four TPOA representatives shall be allowed to participate in meet and confer sessions with no loss in regular pay and benefits.
SECTION 10.2 COLLECTIVE BARGAINING
The parties acknowledge that during the meet and confer process which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement.
SECTION 10.3 JOB ACTION
A) The Torrance Police Officers Association and its members agree that during the term of this Agreement there shall be no strike, slowdown, blue flu or other concerted job actions.
B) In the event of an unauthorized job action, the City agrees that there will be no liability on the part of the TPOA provided the employee organization promptly and publicly disavows such unauthorized action; requests 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 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 to take appropriate disciplinary action.
SECTION 10.4 DUES CHECKOFF
The TPOA is authorized to use payroll deductions for collecting employees' organization dues pursuant to appropriate Finance Department procedures.
SECTION 10.5 EMPLOYEE RELATIONS LEAVE
A) An amount equal to 28 work shifts (a work shift equals 9.5 hours) or 265.5 hours per fiscal year shall be available to employees to participate in Employee Relations leave activities outside the City. Upon of approval of the Chief of Police, an additional discretionary eight (8) shifts or 76 hours per year may also be used.
B) The City will track the annual hours used, by employee. Upon signing of this MOU, any unused hours at the end of the year will not be allowed to carry over. Effective, January 1, 2018 employee relations leave hours will reset to the maximum hours allowed by this MOU.
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C) Additionally, TPOA may purchase a maximum of 162.5 additional hours each year after the annual 28 shifts have been used. The cost of the 162.5 hours will be calculated based upon the composite rate (composite rate means regular pay, longevity pay, education incentives, and all pay premiums) of pay of the actual employee who uses the hours times the number of hours used. Payment of any outstanding balance must be made monthly to the City with the entire balance paid in full by each fiscal year end. Any unpaid balance at fiscal year-end will be deducted first (before any other use of the new fiscal year's balance) from the subsequent year's beginning amounts (28 shifts or 265.5 hours) on an hour-for-hour basis.
SECTION 10.6 CONTINUED DISCUSSIONS
Within the next 12 months, Management and TPOA will continue to discuss the following :
• Specialty Assignment rotation
• On-call pay
• Health opt-out incentive
• Recruitment & Retention Incentives
ARTICLE 11 -GRIEVANCES
SECTION 11.1 DEFINITION
A grievance is a complaint by one or more employees concerning the application or interpretation of ordinances, rules, policies, practices or procedures affecting employee's wages, hours, and working conditions. Anything specifically exempt from the grievance procedure per this MOU is not subject to the grievance procedure.
SECTION 11.2 SCOPE
This procedure shall be used to resolve every grievance for which no other methods of solution are required by law; provided, however, that it shall not include a complaint arising from disciplinary action.
SECTION 11.3 PROCEDURE
A) First Step: Supervisory Level
1) The aggrieved employees) shall meet with the employee's immediate supervisor. 2) The grievance may be presented in writing on forms provided by the City. 3) The immediate supervisor may ask one of his/her superiors to participate, excluding the Police Chief.
4) If a grievance is against the Police Chief, the employee shall appeal to the City Manager.
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B) Second Step: Police Chief Level
1) The aggrieved employee(s) and/or a representative shall meet with the Police Chief and/or his/her designee during the Chief's absence (Acting Chief), or City Manager if grievance is against the Chief.
2) The Police Chief may require the employee's superiors to be present at such conference.
3) The grievance shall be in writing on forms provided by the City . 4) If the grievance is not resolved by the end of the fifth full working day after being received by the department head, the employee may within 15 working days appeal in writing to the City Manager.
C) Third Step: City Manager Level
1) The aggrieved employee(s) and/or a representative(s) shall meet with the City Manager or a designee.
2) The City Manager may require the Police Chief or his/her designee to be present at such conference.
3) If grievance is not satisfactorily resolved by the end of the fifth full working day after being received by the City Manager, the employee may appeal in writing within 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) The Arbitrator shall be impartial ; and if the parties cannot agree upon an arbitrator, he/she shall be selected from a list of seven names submitted by the California Mediation and Conciliation service. If the 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 a flip of a coin. 2) The Arbitrator shall conduct a hearing within a reasonable time period, in accordance with Part 3 of Title 9 of the California Code of Civil Procedure. 3) The decision of the Arbitrator shall be final.
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EXHIBIT 1
PEACE OFFICER STANDARDS AND TRAINING
1) Applicant for the award of the Regular or Specialized Intermediate Certificate must:
a) Possess or be eligible to possess a basic certificate; and b) Satisfy the prerequisite basic course raining requirement as described in PAM, Section 1005(a), and have acquired the training and education points and/or the college degree designated and the prescribed years of law enforcement experience in one of the following combinations :
Degree or Education Units* Law Enforcement Experience Training Points Bachelor's degree and 2 years plus 0
Associate degree and 4 years plus 0
45 Education Units and 4 years plus 45
30 Education Units and 6 years plus 30
15 Education Units and 8 years plus 15
2) Applicant for the award of the Regular or Specialized . Advanced Certificate must:
a) Possess or be eligible to possess an intermediate certificate; and b) Satisfy the prerequisite basic course training requirement and have acquired the training and education points and/or the college degree designated and the prescribed years of law enforcement experience in one of the following combinations :
Degree or Education Units · Law Enforcement Experience Training Points Master's degree and 4 years plus 0
Bachelor's degree and 6 years plus 0
Associate Degree and 9 years plus 0
45 Education Units and 9 years plus 45
30 Education Units and 12 years plus 30 .
Excess education units may be applied towards training points on a unit for point basis per subsection 1202(b)(4)(D).
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EXHIBIT2
CATASTROPHIC LEAVE PROGRAM
Purpose
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 paperwork 1 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.
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 1 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).
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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 accrued 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.
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 2024-08 40 Torrance Police Officers Association
EXHIBIT 3
ADMINISTRATIVE APPEALS PROCEDURE
ADMINISTRATIVE APPEALS
Effective upon the signing of this MOU, the following administrative appeal process is established pursuant to Government Code §3304.5 and replaces the ManagemenUTPOA Joint Letter of Agreement of September 22, 2004. It shall supplement the appeal process established pursuant to the City of Torrance Municipal Code.
This procedure shall not apply to disciplinary actions for which officers are already entitled to receive an appeal hearing pursuant to Division 1, Chapter 4, Section 14 of the Torrance Municipal Code as it pertains to suspension, demotion, and dismissal of police officers.
This procedure shall apply only to punitive actions, as that term is defined by Government Code §3303, for which officers do not receive an appeal hearing under Division 1, Chapter 4, Section 14 of the Municipal Code, including, but not limited to, written reprimands and nondisciplinary transfers resulting in a loss of compensation (e.g., non-disciplinary transfer out of a premium pay assignment). Nothing herein shall be interpreted to establish a property interest in any assignment.
1. Right to Administrative Appeal
A. Any public safety officer (as that term is defined by Government Code §3301) who is subjected to punitive action (within the meaning of Government Code §3303) other than dismissal, demotion, or suspension, or who is subjected to an action which may lead to punitive action, shall be entitled to receive an administrative appeal under this procedure.
B. Officers will be entitled to appeal an action prior to its imposition.
C. Officers subjected to dismissal, demotion, or suspension shall continue to be entitled to an appeal in accordance with existing procedures set forth in the Division 1, Chapter 4, Section 14 of the Torrance Municipal Code. When such cases also involve a reassignment, the entire case will be heard pursuant to the Municipal Code, e.g., if, as a result of a misconduct case, an officer receives a suspension, and a reassignment, then the case will not be bifurcated. The Civil Service Commission will hear the entire case.
D. An officer who requests an appeal under this procedure shall bear his/her own costs in association with the appeal, including but not limited to attorney fees.
2. Appeal to the Deputy Chief or His/Her Designee
A. An officer who receives notice of a punitive action shall be entitled to appeal the action to the Deputy Chief of Police prior to the effective date of the punitive action. The appeal is an opportunity for the officer to present written material and arguments why Resolution 2024-08 41 Torrance Police Officers Association
a punitive action should not occur, or offer alternatives to the action. The formal rules of evidence do not apply.
B. Request for Appeal: Within seven (7) calendar days of receipt by an officer of notification of a punitive action, the officer shall notify the Deputy Chief of Police in writing that the officer intends to appeal.
C. The Deputy Chief of Police, or his designee, shall act as the hearing officer. The Deputy Chief of Police shall have five (5) calendar days from receipt of the request to schedule an appeal hearing. The hearing shall take place within thirty (30) calendar days of the date the officer was notified about the punitive action.
D . Burden of Proof/Persuasion: If the punitive action being appealed involves allegations of misconduct (i.e., allegations that the officer has violated one or more federal, state, or local laws, and/or City or Police Department regulations, procedures, or rules), the Department shall have the burden of proving that the action is supported by good cause.
If the punitive action does not involve charges of misconduct, the Department shall have the burden of proving that the reassignment was reasonable, and not motivated by any improper purpose.
If the parties disagree regarding which standard shall apply, the hearing officer may hear argument on that issue and shall decide which standard applies.
1. The parties may present arguments through documents and statements.
2. If the punitive action being appealed is a written reprimand, the parties will not be entitled to confront and cross-examine witnesses.
3. Following the presentation of written material and statements, the involved parties may submit closing arguments in writing for consideration by the hearing officer.
E. Representation: The officer may be represented by an association representative or attorney of his or her choice.
F. Decision: After the hearing, a decision will be submitted in writing within five (5) calendar days. The decision shall be served by first class mail, postage prepaid, upon the officer as well as his/her attorney or representative. If a reassignment is upheld by the Deputy Chief of Police, it will take place pending an officer's appeal (if any) to the Chief of Police through advisory arbitration as set forth below.
3. Advisory Arbitration
A. In the event that the Deputy Chief of Police or his designee upholds a reassignment from a premium paid position, and the officer wishes to appeal the decision, an outside hearing officer shall be utilized to hear the case. By September 1 of each year, the TPOA and Department shall each submit three names of hearing officers. From this list, the parties shall strike names until one remains. The party to strike first will be determined by a coin toss. The decision of the hearing officer will be advisory only to the Chief of Police.
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B. Burden of Proof/Persuasion: If the reassignment involves allegations of misconduct (i.e., allegations that the officer has violated one or more federal, state, or local laws, and/or City or Police Department regulations, procedures, or rules) the Department shall have the burden of proving that the reassignment is supported by good cause.
If the reassignment does not involve charges of misconduct, the Department shall have the burden of proving that the reassignment was reasonable, and not motivated by any improper purpose.
If the parties disagree regarding which standard shall apply, the hearing officer/arbitrator may hear argument on that issue and shall decide which standard applies.
1. The parties may present arguments through documents and statements.
2. The parties may call, confront, and cross-examine witnesses.
3. Following the presentation of written material and statements, the involved parties may submit closing arguments in writing for consideration by the hearing officer.
C . The Chief will inform the officer of a final decision within fifteen (15) calendar days of receiving the hearing officer's recommended decision. The cost of the arbitrator will be shared equally by both parties. The decision shall be served by first class mail, postage pre-paid, upon the officer as well as his/her attorney or representative.
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EXHIBIT4
Hybrid Fixed Schedule
• The Hybrid Fixed Schedule is primarily seniority-based. Shift selections, vacation picks, and days-off requests should be based on seniority with rare exceptions. Exceptions include employee consenUrequests or management needs (i.e; FTO deployments etc). • Lieutenants will pick their teams by seniority prior to sergeants and sergeants will pick their shifts prior to officers.
• Sergeants select their teams by seniority absent documented department needs of which the impacted sergeant(s) have received prior to team selection. • Collateral FTO supervisory assignments may be pre-assigned to a specific shift based on department need.
• Officers select their team by seniority absent documented department needs of which the impacted officer(s) have received prior to team selection, after the sergeant selections have been posted.
o Officers assigned a time to make their team selection. o After one "no-show," the officer's selection would be skipped and the next officer based on seniority would make a selection.
o FTO and probationary officer positions would be pre-designated on the schedule . • 4/10 start times (Monday through Thursday)
o 06-Watch (0600-1530) Team 1
o 14-Watch (1400-2330) Team 2
o 22-Watch (2200-0700) Team 3
• 3/12 start times (Friday through Sunday)
o 06-Watch (0600-1830) Team 4
o 12-Watch (1200-0030) Team 5
o 19-Watch (1900-0700) Team 6
• 4/10 K-9 start times
o 14-Watch (1400-2330)
• Sunday-Wednesday/ Wednesday-Saturday/ Tuesday-Friday
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• Officers and sergeants are allowed to stay on the same watch for six consecutive deployment cycles (three years).
o An Officer or Sergeant who has worked the same watch consecutively for three years must move to another watch for at least one deployment cycle. • Once per deployment cycle, officers or sergeants may request to switch shifts with the approval of the employees' Watch Commanders. If there is a conflict between the involved Watch Commander, the Patrol Bureau Commander will make the final decision . • On the rare occas ion when the situation requires more officers to be deployed to the field (i.e . civil unrest, natural disaster, etc.), the Patrol Division will transition to 12-hour shifts . "A" shift hours will be 0600-1800 hours, and "B" shift hours will be 1800-0600 hours . The number of consecutive days worked and the number of consecutive days off will be at the discretion of the Chief of Police (refer to Emergency Deployment Schedule). • Employees should not work "back-to-back doubles" (consecutive days of double shifts) unless exigent circumstances exists, a supervisor approves of it, and it is voluntary. • Employees may not work a graveyard to day shift double . • The maximum an employee can work in a 24-hour period is 17.5 hours Patrol Deployment Cycles
• Two Patrol Deployment Cycles per 13-deployment period year • First deployment cycle is seven deployment periods starting in the first complete deployment period after the New Year.
• Second deployment cycle is the remaining six deployment periods . • Officers and Sergeants work together on a team for an entire deployment cycle.
Department Vacations
• All sworn personnel make vacation selections according to the Patrol Deployment Cycles, twice per year by seniority preference.
o Selections are made in October for the first deployment cycle that starts in January. o Selections are made in May for the second deployment cycle that starts in July. o Vacation selection will be completed in conjunction with selecting teams. • Priority vacation selections are always transferable to another d ivision. Limit of three per deployment year.
• Non-priority vacation selections are not always transferable to another division. o Consists of picks made after priority vacations selections. o Would have to conform to the guidelines of the bureau receiving the transferred employee.
• Priority vacation selection must be from one of the first three picks for the entire deployment year.
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• Vacation Selection restrictions
o The number of officers that may be on vacation at one time is applied independently to the 4/10 and 3/12 schedules.
o The 10% rule will be applied with a minimum of four officers on the 4/10 schedule and three officers on the 3/12 schedule that can be on vacation at one time. If the number of officers staffed in patrol, inclusive of CARP'ng (Cadre of Administrative Reserve Personnel) is 75 or greater, the minimum number of officers that can be on vacation on the 3/12 schedule will increase to four officers.
o Maximum of two officers per team on vacation during the same period. o The maximum number of sergeants that may be on vacation at one time is two.
However, there cannot be two sergeants off at the same time who are on the same team.
• Traffic & Special Events and Communications Divisions and Patrol Bureau Specialty Details would continue to make their vacation selections according to their flexible schedules. o Officers returning to Patrol from one of these divisions would maintain priority vacation periods selected.
o Would have to adjust their days-off to coincide with the fixed-days of the Patrol Watch schedule. This may necessitate the use of additional "V" and/or "X" days .
Patrol Shift Trades
• Shift trades must be voluntary between the involved employees. • Allowed between 4/10 and 3/12 schedules without overtime compensation or shift-hour reduction.
• Three trades are allowed per shift, unless disruptive. • Shift trades shall be approved by each officer's direct supervisor and a Watch Commander. • Approved shift trades to be logged and maintained in the Watch Commander's office.
Minimum Staffing Levels
• Team 1 -MSL is 10 single-officer units
• Team 2 -MSL is seven (7) two-officer units (14 officers) • Team 3 -MSL is five (5) two-officer units (10 officers) • Team 4 -MSL is 10 single-officer units
• Team 5 -MSL is four (4) two-officer units (8 officers) • Team 6-MSL is five (5) two-officer units (10 officers) Resolution 2024-08 46 Torrance Police Officers Association
In the event a shift is staffed below MSL, the Watch Commander shall advise the Patrol Bureau Commander and the TPOA President via email. Either the Patrol Bureau Commander or the TPOA President may request a meeting to discuss the reason for the shift being below MSL.
These meetings shall have no impact on the Department's right to staff personnel as they deem appropriate.
Beat Boundaries
• North Beat -The northernmost City boundary to the north, 190th Street to the south, the easternmost City boundary to the east, and the westernmost boundary to the west. • West Beat-190th Street to the north, Sepulveda Blvd. to the south, the westernmost boundary to the west, and Madrona Avenue to the east.
• East Beat-190th Street to the north, Sepulveda Blvd. to the south, the easternmost boundary to east, and Madrona Avenue to the west.
• South Beat -Sepulveda Blvd. to the north, the southernmost city boundary to the south, the westernmost boundary to the west, and Hawthorne Blvd . to the east. • Southeast Beat-Sepulveda Blvd . to the north, the southernmost city boundary to the south, the easternmost city boundary to the east, and Hawthorne Blvd. to the west. • Big North Beat-the northernmost city boundary to the north, Torrance Blvd. to the south, the easternmost city boundary to the east, and the westernmost city boundary to the west. • Big South Beat -Torrance Blvd. to the north, the southernmost city boundary to the south, the easternmost city boundary to the east, and the westernmost city boundary to the west.
Patrol Training
Employees assigned to Patrol:
1. If a training day is scheduled on an employee's regular fixed day off, that employee shall be compensated with overtime.
2. If a training day (inclusive of SWAT training) is scheduled on a regular work day, that employee shall train on "straight time" in place of their normal scheduled shift.
3. If the employee fails to attend training on a day off, absent a legitimate reason, they would be subjected to discipline just as if the training conducted on a regular work day.
Employees, who habitually fail to attend critical In-House training, may be subject to work restrictions until they have received the training.
4. In-House instructors would have the additional option of receiving overtime for training on a day off subject to department approval.
Resolution 2024-08 47 Torrance Police Officers Association