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HomeMy WebLinkAbout11.D.2 Ratification of 2014-2016 Sergeants Labor Agreement General Business 11. A 2. SHAKOPEE TO: Mayor and City Council Mark McNeill, City Administrator FROM: Kris Wilson, Assistant City Administrator DATE: 12/03/2013 SUBJECT: Ratification of 2014-2016 Sergeants Labor Agreement (E) Action Sought The Council is asked to authorize the appropriate officials to enter into the attached labor agreement with Law Enforcement Labor Services (LELS), representing the City's eight Police Sergeants. Background The current labor agreement with the City's Sergeants union expires December 31. The City has held several negotiating meetings with representatives of the Sergeants union to arrive at the attached contract. The negotiated contract includes the following: 1. A 3% general wage increase each year of the contract. Current wages for the City's Sergeants are below average for a city of our size. While a 3% general wage increase is slightly larger than the 2% and 2.5% increases being agreed upon in other cities for 2014, we believe it is the best way to bring our wage scale up to a competitive amount. Additionally, the contract is drafted to put the wage increase for 2014 into effect on December 30, 2013 as this is the first day of a pay period. 2. A $25 increase in the uniform allowance in 2014 and 2016. The current uniform allowance is $825 per year. This will bring it up to $850 for calendar years 2014 and 2015 and to $875 for calendar year 2016. 3. An adjustment to the maximum vacation accrual to align this contract with the patrol officer's contract. 4. A trading of the Good Friday holiday for Easter as a holiday. 5. A reduction in the number of wage steps from five to three. The first two steps of the current wage scale have not been used as they would result in a pay cut for someone coming from the top step of the patrol wage scale. As we typically start newly promoted Sergeants at Step 3 of the wage scale, we have agreed to simply eliminate the first two steps, thereby making the written contract a more accurate reflection of the actual wage range. 6. An agreement to re-open Article 30 related to special duty pay in the case additional special duty assignments are created during the contract term. Currently, the contract provides Special Duty Pay for the Sergeant assigned to lead the investigations unit. From time to time there has been discussion of other special duty assignments. While no plans exist at this time to add additional special duty assignments, it is possible that could change over the course of the next three-years. This language is intended to assure employees that we will negotiate a fair pay for newly created assignments, should they be implemented in the future. 7. A realignment of the Performance Pay System and a renaming of the program to Incentive Pay. These changes include: a)An increase in the monthly amount for Fitness -- from $40 to $60 in exchange for meeting the Cooper Fitness Standards. b) The addition of a Foreign Language Component, providing $60 per month to those that can pass a test demonstrating conversational speaking skills in a language other than English that has a presence in the community. c)An increase in the monthly amount paid to those with a Master's Degree from $30 to $60 per month. d) The elimination of the Skills Assessment and Performance Review components of the system and the addition of the dollar amounts formerly paid for these components into the base wage. Budget Impact Funding for a 3% wage increase is available within the preliminary 2014 budget and will need to be planned for in the 2015 and 2016 budgets. Recommendation The City Administrator and I recommend ratification of the negotiated contract as it represents a fair and reasonable deal for the City and our employees. Relationship to Vision Fair wages and benefits are essential to attracting and retaining well qualified employees. Therefore this item contributes to Goal E: Deliver effective and efficient services by a staff of well-trained, caring and professional employees. Requested Action The Council is asked to authorize the appropriate officials to enter into the attached labor agreement with Law Enforcement Labor Services, on behalf of the City's Police Sergeants. Attachments: 2014-2016 Sergeants Contract LABOR AGREEMENT BETWEEN THE CITY OF SHAKOPEE AND LAW ENFORCEMENT LABOR SERVICES, INC. Police Sergeants Effective December 30, 2013 —December 31, 2016 INDEX ARTICLE PAGE I PURPOSE OF AGREEMENT............................................................ 4 2 RECOGNITION................................................................................... 4 3 DEFINITIONS .................................................................................... 4 4 EMPLOYER SECURITY................................................................... 5 5 EMPLOYER AUTHORITY................................................................ 5 6 UNION SECURITY............................................................................ 5 7 EMPLOYEE RIGHTS -GRIEVANCE PROCEDURE ..................... 6 8 SAVINGS CLAUSE........................................................................... 8 9 SENIORITY........................................................................................ 8 10 DISCIPLINE......................................................................................... 9 11 CONSTITUTIONAL PROTECTION.................................................... 10 12 WORK SCHEDULE ............................................................................. 10 13 OVERTIME......................................................................................... 10 14 COURT TIME...................................................................................... 10 15 CALL BACK TIME .............................................................................. 11 16 WORKING OUT OF CLASSIFICATION ............................................ 11 17 INSURANCE........................................................................................ 11 18 STANDBY............................................................................................ 11 19 UNIFORMS .......................................................................................... 11 20 LONGEVITY........................................................................................ 11 21 HOLIDAYS ........................................................................................... 12 INDEX ARTICLE PAGE 22 VACATIONS .................................................................................... 13 23 SICK LEAVE...................................................................................... 13 24 BEREAVEMENT LEAVE ...................................................................... 13 25 SEVERANCE PAY................................................................................ 14 26 POST EMPLOYMENT HEALTH CARE SAVINGS PLAN......... 14 27 INJURY ON DUTY ....................................................................... 14 28 POST LICENSE ....................................................... 14 29 WAIVER..................................................................................... 14 30 SPECIAL DUTY PAY............................................... 15 31 COMP TIME BUY BACK ....................................... 15 32 DURATION................................................................................... 15 APPENDIX A-WAGES .......................................................................... 16 APPENDIX B- INCENTIVE PAY SYSTEM ......................................... 17 APPENDIX C-POST EMPLOYMENT HEALTH CARE SAVINGS PLAN 20 LABOR AGREEMENT BETWEEN THE CITY OF SHAKOPEE AND LAW ENFORCEMENT LABOR SERVICES ARTICLE 1. PURPOSE OF AGREEMENT This agreement is entered into as of December 30,2013 between the City of Shakopee,hereinafter called the Employer, and the Law Enforcement Labor Services,hereinafter called the Union. It is the intent and purpose of this Agreement to: 1.1 Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application and 12 Place in written form,the parry's agreement,upon terms and conditions of employment for the duration of this Agreement. ARTICLE 2. RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative,under Minnesota Statutes§ 179A.03, Subd. 8,for all Police Personnel in the following job classification: Police Sergeant 2.2 in the event the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class,the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE 3. DEFINITIONS 3.1 UNION: The Law Enforcement Labor Services, Inc.,(Local No.279). 32 UNION MEMBER: A member of the Law Enforcement Labor Services,hic.,(Local No. 279). 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.4 DEPARTMENT: The Shakopee Police Department. 3.5 EMPLOYER: The City of Shakopee 3.6 CHIEF: The Chief of the Shakopee Police Department. 3.7 UNION OFFICER: Officer elected or appointed by the Law Enforcement Labor Services, Inc., (Local No. 279). 3.8 OVERTIME: Work performed at the express authorization of the Employer in excess of the employee's scheduled shift. 3.9 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break. 3.10 REST BREAKS: Periods during the Scheduled Shift,during which the employee remains on continual duty and is responsible for assigned duties. 3.11 STRIKE: Concerted action in failing to report for duty,the willful absence from one's position,the stoppage of work, slow-down,or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensations or the rights,privileges or obligations of employment. ARTICLE 4. EMPLOYER SECURITY The Union agrees that during the life of this Agreement that the Union will not cause,encourage, participate in or support any strike, slowdown or other interruption of or interference with,the normal functions of the Employer. ARTICLE 5. EMPLOYER AUTHORITY 5.1 The Employer retains the full and unrestricted right to operate and manage all manpower, facilities and equipment;to establish functions and programs;to set and amend budgets;to determine the utilization of technology;to establish and modify the organizational structure; to select,direct and determine the number of personnel;to establish work schedules and perform any inherent managerial function not specifically limited by this Agreement. 5.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify,establish or eliminate. ARTICLE 6. UNION SECURITY 6.1 The Employer shall deduct from the wages of Employees who authorize such a deduction,in writing, an amount necessary to cover monthly Union dues. Such monies shall be submitted as directed by the Union. 62 The Union may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the employer,in writing, of such choice and changes in the position of steward and/or alternate. 6.3 The Employer shall make space available on the employee bulletin board for posting Union notice(s)and announcement(s). 6.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits,orders,judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. ARTICLE 7. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.1 Definition of a Grievance. A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 7.2 Union Representatives. The Employer will recognize Representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notify the Employer,in writing, of the names of such Union Representatives and of their successors when so designated,as provided by Section 6.2 of this Agreement. 7.3 Processing of a Grievance. It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided,is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and a Union representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided that the employee and the Union representative have notified and received the approval of the designated supervisor, who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 7.4 Procedure. Grievances,as defined by Section 7.1,shall be resolved in conformance with the following procedure. Step 1 An employee claiming a violation concerning the interpretation or application of this Agreement shall,within twenty-one(2 1)calendar days after such alleged violation has occurred,present such grievance to the employee's supervisor as designated by the Employer. The Employer-designated representative will discuss and give an answer to such Step 1 grievance within ten(10)calendar days after receipt. A grievance not resolved in Step 1 and appealed by Step 2 shall be placed in writing,setting forth the nature of the grievance, the facts on which it is based,the provision or provisions of the Agreement allegedly violated,the remedy requested and shall be appealed to Step 2 within ten(10)calendar days after the Employer-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union,within ten(10)calendar days shall be considered waived. Step 2 If appealed,the written grievance shall be presented by the Union and discussed with the Employer-designated Step 2 representative. The Employer-designated representative shall give the Union the Employer's Step 2 answer in writing within ten(10)calendar days after receipt of such Step grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten(10)calendar days following the Employer-designated representatives final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten(10) calendar days shall be considered waived. Step 3 If appealed,the written grievance shall be presented by the Union and discussed with the Employer-designated Step 3 representative. The Employer-designated representative shall give the Union the Employer's answer in writing within ten(10)calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten(10)calendar days following the Employer-designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten (10)calendar days shall be considered waived. Step 4 A grievance unresolved in Step 3 and appealed to Step 4 by the Union shall be submitted to arbitration, subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances", as established by the Public Employment Relations Board. 7.5 Arbitrator's Authority A. The arbitrator shall have no right to amend,modify,nullify,ignore,add to or subtract from,the terms of this Agreement. The arbitrator shall consider and decide only the specific issue(s)submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws,Hiles or regulations having the force and effect of law. The Arbitrator's decision shall be submitted in writing within thirty(30)days following close of the hearing or the submission of briefs by the parties,whichever is later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation of application of the express terms of this Agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be bome equally by the Employer and the Union,providing that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings,it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings,the cost shall be shared equally. 7.6 Waiver If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof,within the specified time limits,the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Union, in each step. 7.7 Choice of Remedy If, as a result of the written Employer response in Step 3,the grievance remains unresolved and if the grievance involves the suspension,demotion,or discharge of an employee who has completed the required probationary period,the grievance may be appealed to either Step 4 or Article VII or a procedure such as: Civil Service,Veteran's Preference or Fair Employment. If appealed to any procedure other than Step 4 or Article VII,the grievance is not subject to the arbitration procedure as provided in Step 4 of Article VII. The aggrieved employee shall indicate in writing which procedure is to be utilized,Step 4 of Article VII or another appeal procedure,and sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 4 of Article VII. ARTICLE 8. SAVINGS CLAUSE This Agreement is subject to the laws of the United States,the State of Minnesota and the City of Shakopee. hi the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of the Agreement shall continue in full force and effect. The voided provision may be re-negotiated at the written request of either party. ARTICLE 9. SENIORITY 9.1 Seniority shall be determined by the employee's length of continuous employment with the Police Department and posted in an appropriate location. Seniority rosters may be maintained by the Chief on the basis of time in grade and time within specific classifications. 9.2 During the probationary period a newly hired or re-hired employee may be discharged at the sole discretion of the Employer. During the probationary period a promoted or reassigned employee may be replaced in his\her previous position at the sole discretion of the Employer. 9.3 A reduction of work force will be accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work in two (2)years of the time of his\her layoff before any new employee is hired. 9.4 Senior employees will be given preference with regard to transfer,job classification assignments and promotions when the job-relevant qualifications of employees are equal. 9.5 Senior qualified employees shall be given shift assignment preference after eighteen(18) months of continuous full-time employment. 9.6 One continuous vacation period shall be selected on the basis of seniority until March 15th of each year. ARTICLE 10. DISCIPLINE 10.1 The Employer will discipline employees for just cause only. Discipline will be in one or more of the following forms: a) oral reprimand; b) written reprimand; C) suspension; d) demotion;or e) discharge. 10.2 Suspensions,demotions and discharges will be in written form. 10.3 Written reprimands,notices of suspension and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by the signature of the employee. Employees and the Union will receive a copy of such reprimands and/or notices. 10.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer. 10.5 Discharges will be preceded by a five(5)day suspension,without pay. 10.6 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a Union representative present at such questioning. Waiver of a Union representative shall be in writing. 10.7 Grievances relating to this Article shall be initiated by the Union in Step 3 of the Grievance Procedure, under Article VII. ARTICLE 11. CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitution. ARTICLE 12. WORK SCHEDULE 12.1 The normal work year is two thousand and eighty hours(2,080)to be accounted for by each employee through: a) hours worked on assigned shifts; b) holidays; c) assigned training;and d) authorized leave time. 12.2 Holidays and authorized leave time is to be calculated on the basis of the actual length of time of the assigned shifts. 12.3 Nothing contained in this or any other article shall be interpreted to be a guarantee of a minimum or maximum of hours the Employer may assign employees. ARTICLE 13. OVERTIME 13.1 Employees will be compensated at one and one-half(1 1/2)times the employee's regular base pay rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shifts do not qualify an employee for overtime under this Article. 13.2 Overtime will be distributed as equally as practicable. 13.3 Overtime refused by employees will,for record purposes under Article 13.2,be considered as unpaid overtime worked. 13.4 For the purpose of computing overtime compensation,overtime hours worked shall not be pyramided,compounded or paid twice for the same hours worked. 13.5 Employees have the obligation to work overtime or callbacks if requested by the Employer, unless unusual circumstances prevent the employee from so working. ARTICLE 14. COURT TIME An employee who is required to appear in Court during his/her schedule off-duty time shall receive a minimum of three(3)hours pay at one and one-half(1 1/2)times the employees base pay rate,or three(3)hours minimum compensatory time off at time and one-half(1 1/2), at the employee's discretion. An extension or early report to a regularly scheduled shift for Court appearance does not qualify the employee for the three(3)hour minimum. An employee who is scheduled for Court during off-duty time,but subsequently canceled,shall be entitled to two(2)hours pay at the employee's base rate,unless the employee was notified of the cancellation prior to 5:00 PM of the proceeding business day. ARTICLE 15. CALL BACK TIME An employee who is called to duty during his/her scheduled off-duty time shall receive a minimum of three(3)hours pay at one and one-half(1 1/2)times the employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the three(3) hour minimum. When called back,the employee will be assigned to work a minimum of three(3) hours. ARTICLE 16. WORKING OUT OF CLASSIFICATION Employees assigned by the Employer to assume the full responsibilities and authority of a higher job classification shall receive the salary schedule of the higher classification for the duration of the assignment. ARTICLE 17. INSURANCE Employees covered under this contract shall receive contributions towards health insurance premiums equal to that of non-contract employees. In addition,the City shall provide life and long- term disability insurance equal to that of non-contract employees. ARTICLE 18. STANDBY PAY Employees required by the Employer to standby shall be paid for such standby time at the rate of one hours'pay for each on standby. ARTICLE 19. UNIFORMS Employees will be paid a uniform allowance during January of each year. The allowance will be eight hundred fifty dollars($850)for calendar years 2014 and 2015 and eight hundred seventy-five dollars($875)for calendar year 2016. ARTICLE 20. LONGEVITY 20.1 The following Longevity Pay Plan will be available to Sergeants receiving longevity pay as of January 1,2010: At the start of the fifth(5th)year of service,an employee shall receive one hundred twelve dollars and seven cents($112.07)per month additional. At the start of the eighth(8th)year of service,an employee shall receive one hundred thirty-eight dollars and ninety cents($138.90)per month additional. At the start of the eleventh(11th)year of service,an employee shall receive one hundred sixty-five dollars and seventy cents($165.70)per month additional. At the start of the fifteenth(15th)year of service,an employee shall receive one hundred ninety-four dollars and ninety-two cents($194.92)per month additional. At the start of the twentieth(20th)year of service,an employee shall receive two hundred twenty-three dollars and ninety-four cents ($223.94)per month additional. 20.2 In lieu of the longevity pay plan outlined in section 20.1,employees currently receiving longevity pay may choose to be covered under the incentive pay system outlined in Appendix B to this agreement instead. Employees making this choice may not opt back into the Longevity Pay Plan. 20.3 Sergeants currently receiving performance pay as of January 1,2010 as well as new appointments to the Sergeants classification after January 1,2010 will be subject to the incentive pay system outlined in Appendix B,and shall not have the option of longevity pay. ARTICLE 21. HOLIDAYS 21.1 All permanent employees and full-time probationary employees shall be eligible for ninety- six hours of holiday pay(12 paid holidays). 1. January 1st 8. November 11th 2. Third Monday in January 9. Fourth Thursday in November 3. Third Monday in February 10. Day following the fourth 4. Friday befef- Easter Thursday in November 5. Last Monday in May 11. December 24th 6. July 4th 12. December 25th 7. First Monday in September 21.2 Any employee required to work on any of the paid holidays listed in 21.1 shall receive an additional one-half(1/2)times his\her base pay rate in addition to the regular holiday time off. 21.3 The Employer may, at hislher option,buy back from any employee so requesting in writing by November 1st of each calendar year, any holiday time off earned but not used by the employee by December 31st of any calendar year. ARTICLE 22. VACATIONS 22.1 Employees shall eam vacation as follows: 0-5 years of service 80 hours per year 6- 10 years of service 120 hours per year Over 10 years of service 8 additional hours per year not to exceed 200 hours 22.2 Employees who have 0-4 years of employment may accumulate no more than 240 hours of vacation leave. Employees who have 5— 15 years of employment may accumulate no more than 300 hours of vacation leave. Employees who have 16 or more years of employment may accumulate no more than 360 hours of vacation leave. An employee who is separated for any reason shall be paid for any accumulated vacation leave. ARTICLE 23. SICK LEAVE An employee shall accumulate sick leave at the rate of one day(eight hours)per month of service to a maximum of nine hundred sixty(960)hours. After nine hundred sixty(960)hours is reached,one day(8 hours)of sick leave per month shall accumulate to a sick leave bank. Any employee absent from work for fifteen(15)consecutive calendar days shall have said sick leave deducted from the sick leave bank until such time as the sick leave bank is exhausted before deductions are made from regular accumulated sick leave. Employees who have accumulated a minimum of 160 hours of sick leave may convert sick leave to vacation at the rate of three(3)hours of sick leave to one(1)hour vacation,up to a maximum of 20 hours of vacation per year,per City policy. ARTICLE 24. BEREAVEMENT LEAVE Sick leave may also be granted for a maximum of three (3)days per occurrence for death of the Employee's spouse,child, step-child,parent,step-parent,sibling, father-in-law,mother-in-law, brother-in-law,sister-in-law,step-brother, step-sister, son-in-law, daughter-in-law,grandparent, grandchild,or any relative residing permanently with and dependent upon the employee. Funeral leave benefits for the deaths of individuals other than members of the immediate family shall be charged to vacation time. ARTICLE 25. SEVERANCE PAY Any employee who is separated from his\her position by retirement,discharge or resignation shall receive severance pay of forty-five percent(45%)of a maximum of nine hundred sixty(960)hours of accumulated regular sick leave calculated on the basis of his\her current wage scale. Should any employee resign without giving two(2)weeks written notice,except for reasons of ill health,that employee shall forfeit his\her right to all accumulated sick leave. ARTICLE 26. POST-EMPLOYMENT HEALTH CARE SAVINGS PLAN Employees covered under this contract shall be enrolled in the Minnesota State Retirement System (MSRS)Health Care Savings Plan(HCSP). The City shall contribute$25 per month to each employee's HCSP, and automatically deposit a percentage of each employee's regular pay and severance pay,as outlined in Appendix C. ARTICLE 27. INJURY ON DUTY Employees injured while on duty,through no fault of the employee,shall be paid the difference between the employee's regular rate of pay and workers compensation benefits for a period not to exceed six hundred(600)work hours, in accordance with guidelines set forth in M.S. 176.021, Subd. 5,beginning with the forty-first(4l )work hour of such injury. Such time shall not be charged against the employee's sick leave,vacation or other accumulated benefits. ARTICLE 28. POST LICENSE The Employer will pay up to ninety dollars($90)towards the renewal of Police Officer Standards and Training(POST)Licenses, every three(3)years,while the Officer is actually employed by the City of Shakopee. ARTICLE 29. WAIVER 29.1 Any and all prior agreements,resolutions,practices,rules and regulations regarding terms and conditions of employment,to the extent inconsistent with the provisions of this Agreement, are hereby superseded. 29.2 The parties mutually acknowledge that during the negotiations,which resulted in this Agreement,each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate,regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement,even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this Agreement was negotiated or executed. ARTICLE 30. SPECIAL DUTY PAY An employee assigned as the SW Metro Drug Task Force Sergeant or the Investigations Sergeant will be paid an additional two hundred and eighty dollars ($280)for each full month that they serve in that capacity. The premium pay shall not be extended to employees who are serving in those capacities on a temporary or substitute basis, unless otherwise approved by the Police Chief. The Union and the Employer agree that this article, and only this article, may be reopened at the request of either party during the term of contract in the event that the Department adds additional special duty assigments for the position of Sergeant. ARTICLE 31. COMP TIME BUY-BACK All employees may carry over up to 40 hours of accumulated comp time from one payroll year to the next. Any hours of accumulated comp time in excess of 40 hours as of the end of the last pay period of the payroll year will be converted into cash and paid to the employee. The conversion will take place once a year on the pay date of the last payroll of the plan year. ARTICLE 32. DURATION This agreement shall be effective as of the thirtieth(30th) day of December,2013 and shall remain in full effect until the thirty-first(31st)day of December,2016. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on this day of 2013. FOR THE CITY OF SHAKOPEE LAW ENFORCEMENT LABOR SERVICES,INC.,LOCAL NO.279 Mayor Union Steward City Administrator Union Steward City Clerk LELS Business Agent APPENDIX A MONTHLY WAGES—SERGEANTS Step 1 Step 2 Step 3 90% 95% 100% December 30,2013 Monthly $6,608.65 $6,975.79 $7,342.94 Hourly $38.13 $40.24 $42.36 January 1,2015 Monthly $6,806.91 $7,185.07 $7,563.23 Hourly $39.27 $41.45 $43.63 January 1,2016 Monthly $7,011.11 $7,400.62 $7,790.13 Hourly $40.45 $42.70 $44.94 APPENDIX B INCENTNE PAY SYSTEM Employees may earn additional compensation based on the following criteria: B.1 Education/Training ($180/month or$2,160/year) 1. Bachelor's Degree. Employees with a Bachelor's degree in a job-related field shall receive sixty dollars($60)per month. 2. Master's Degree. Employees with a Master's degree in a job-related field shall receive an additional sixty dollars($60)per month in addition to what is received for having a Bachelor's degree. 3. Continuing Education/Training ($60/month-annual requirement) (a) Academic-2 courses(minimum 6 credits),or (b) Training-24 P.O.S.T.credits Academic courses must be from an accredited institution of higher learning and be approved by the Chief of Police prior to enrolling. The City would reimburse employees for college courses consistent with the City's tuition reimbursement policy. Training sessions must be approved by the Chief of Police prior to attending.The City would pay for the training sessions. The training requirements are above and beyond the normal P.O.S.T. licensing requirements. The courseshraining sessions must be attended on off-duty time. B.2 Community Service ($60/month or$720/year) Employees who are actively involved in some outside community service(scouting activities,service clubs, youth athletics,church groups, etc.)would be eligible to receive additional compensation. Community service does not have to occur in the City of Shakopee. Community service activities are an excellent means of personal growth and development, and should result in the employee having substantial input into the community. Community service activities need to occur on an annual basis. Community service activities must be pre-approved by the Chief of Police and employee must show evidence of participation in the group/activity. B3 Fitness ($60/month or$720/year) A. Cardio ($30 1month) —tested by a 1.5 mile run B. Core Strength($15 1month) —#of Sit-Ups completed in lminute C. Upper-Body Strength ($15 1month) —#of Push-Ups completed in 1 minute The tests will be administered according to the Cooper Fitness Standards for Law Enforcement. Employees must score at or above the 50a`percentile for their age and gender in order to receive the incentive pay. The assessment will be offered twice a year at roughly six month intervals. Employees successfully completing the first assessment offered for the year shall receive fitness pay for the following twelve months and do not need to re-test during that time. Employees that do not successfully complete the assessment the first time it is offered may request to retest roughly six months after the initial test. Employees successfully completing the assessment the second time it is offered will receive fitness pay for the following six-months and must re-test again after that time. Employees that successfully complete one or two components during the first testing session and wish to try or re-try the remaining component(s)at the six-month point will be given the opportunity to do so. B.4. Foreign Language Skills. ($60/month/$720/year) Employees shall take a speaking exam through Language Testing International, or a mutually approved equivalent testing service. This is a 30 minute over the phone test, the cost of which will be paid by the City. To qualify for the incentive pay, employees must score at the Advanced Level on the current ACTFL Proficiency scale. Employees must successfully re-test once every two-years in order to maintain eligibility for the incentive pay. Eligible foreign languages are those having a recognized presence in the community, as noted by the Shakopee Public Schools records of languages spoken in students'homes. APPENDIX C HCSP POST EMPLOYMENT HEALTH CARE SAVINGS PLAN CONTRIBUTION SCHEDULE Years of Service with Hire - Beginning 12th Beginning of City of Shakopee — 11 nears year-25 years 26th year+ %of per payroll contribution 3% 4% 4% City Contribution $25/mo $25/mo $25/mo Severance contribution of 100%* 100% 100% unused sick leave balance (45%of max of 960 hours) Contribution of 50% 100% 100% Accrued Vacation Accelerated Sick Leave N/A 100%of 100%of Severance Payout Step-Up Step-up Formula** Formula *Upon eligibility after year 5 ** Upon eligibility after year 15 Accelerated Sick Leave Severance Payout The City of Shakopee appreciates employees,who through long-term service and dedication, contribute to making the city a successful and positive service provider. In recognition thereof, the City acknowledges such long-term service by providing an accelerated sick leave payout formula listed below if the employee meets all the following conditions: • Full-time or part-time benefit-eligible employee employed by the City of Shakopee Police Department for 15 continuous years or more. • Employee is separating employment in good standing. • The percentage of the severance pay-out shall be based on a maximum of 960 hours of accumulated sick leave calculated on the basis of the employee's current annual base pay. • The accelerated severance payment will be deposited in the employee's HCSP account not later than the first regularly scheduled payday following the employee's final day of employment. Completion of Continuous Service With the City of Shakopee Step-up Payout formula 15 years 55% 16 years 57% 17 years 59% 18 years 61% 19 years 63% 20 years 65% 21 years 67% 22 years 69% 23 years 71% 24 years 73% 25 years 75% Anniversary date of full-time employment or part-time benefit-eligible date is used to compute years of service with Shakopee.