HomeMy WebLinkAbout5.E.2. Ratification of 2009 Police Sergeants Union Contract
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City of Shako pee en '~5 '(fV. r~ ,II,\~.
MEMORANDUM e U ff~ ,\ q,~ ft,~, ,
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TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Kris Wilson, Assistant City Administrat00~
SUBJECT: Ratification of 2009 Police Sergeants Union Contract
DATE: lanuary 29, 2009
Introduction
The City Council is asked to authorize the appropriate individuals to sign a labor agreement
negotiated with Law Enforcement Labor Services on behalf of Sergeants in the Police
Department.
Background
A labor agreement has been negotiated with the Police Sergeants, who are represented by Law
Enforcement Labor Services (LELS). The union includes the City's eight Sergeants.
Entering 2009, the City faced negotiations with all three of its labor unions during increasingly
tough economic times. We were fortunate to have positive and productive negotiating sessions
and committed employees that understand the difficult economic times facing the City and its
residents.
The agreement reached is for a one-year contract, covering the 2009 calendar year. It provides
for a. two percent cost of living wage increase for union members, which is the same as the cost
of living adjustment awarded to non-contract employees for 2009, and for a $25 increase in the
annual uniform allowance. No other changes are being made.
Budget Impact
The costs ofthe negotiated contract can be accommodated within the adopted Police Department
budget for 2009.
Relationship to Vision
Negotiating labor contracts that recognize the value of our employees while remaining within the
City's means contributes to Goal D: Vibrant, Resilient and Stable and Goal E: Financially
Strong.
Requested Action
If it concurs, 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.
LABOR AGREEMENT
BETWEEN
THE CITY OF SHAKOPEE
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
Police Sergeants
Effective January 1, 2009 through December 31, 2009
INDEX
ARTICLE PAGE
I PURPOSE OF AGREEMENT.................................................. .......... 4
II RECOGNITION............................................................................... .... 4
III DEFINITIONS .... ....................... ...... ........ .............................. . .. . . . . ...... 4
IV EMPLOYER SECURITY ............................................................ ....... 5
V EMPLOYER AUmORITY ......................................................... ....... 5
VI UNION SECURITY ................................................................... ......... 5
VII EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE ..................... . 6
VIII SAVINGS CLAUSE .................................................................... ....... 8
IX SENIORITY .........................................................:................ .............. 8
X DISCIPLINE ...... ....... ...... .............. ...... ............ ..... ...... ......... . .. . . ..... ........ 9
XI CONSTITUTIONAL PROTECTION ......... ..... ...................................... 10
XII WORK SCHEDULE ................................................................... .......... 10
XIII OVERTIME .................................................................................. ....... 10
XN COURT TIME ...................................................... ................................ 10
XV CALL BACK TIME ................................................. ............................. 11
XVI WORKING OUT CLASSIFICATION ..................................................... 11
XVII INSURANCE ............................................................................... ......... 11
XVIII STANDBY ...................................................................................... ...... 11
XIX UNIFORMS.... .......................................... .............. ................... . ..... ..... 11
XX LONGEVITY ......... ....................... ........ ................................... . . .... ....... 11
XXI HOLIDA YS .................................................................................... ....... 12
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INDEX
ARTICLE
PAGE
XXII V ACA TIONS ......... ........... ..................... ................ ........................... 13
XXIII SICK LEA VE .... ........ ................................ ............ .............. ................ 13
XXIV BEREAVEMENT LEAVE ...................................................................... 13
XXV SEVERANCE PAY ................................................................................ 14
XXVI POST EMPLOYMENT HEALTH CARE SAVINGS PLAN................ 14
XXVII INJURY ON DUTY . ............................... ........ ........ ....................... 14
XXVIII POST LICENSE. . .. . .. . .. . .. . .. . .. . .. ... . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. 14
XXIX WAIVER ....... ............... ..... .............. ..... .......... ................ ........ ..... 14
XXX COMPENSATION FOR SERGEANTS ASSIGNED TO SPECIAL DUTY... 15
XXXI. COMP TIME BUY BACK...................................................... 15
XXXII DURATION......... ..... ..... ...... ... ... ... ..... .............. ............ ..... ... .......... 15
APPENDIX A - W AGES .......................................................................... 16
APPENDIX B - PERFORMANCE PAY SYSTEM ......................................... 17
APPENDIX C - POST EMPLOYMENT HEALTH CARE SAVINGS PLAN 20
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LABOR AGREEMENT
BETWEEN
THE CITY OF SHAKOPEE
AND
LAW ENFORCEMENT LABOR SERVICES
ARTICLE I. PURPOSE OF AGREEMENT
This agreement is entered into as of January 1,2007 between the City of Shako pee, 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
1.2 Place in written form, the party's agreement, upon terms and conditions of employment
for the duration of this Agreement.
ARTICLE II. RECOGNITION
2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota
Statutess 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 III. DEFINITIONS
3.1 UNION: The Law Enforcement Labor Services, Inc., (Local No. 279).
3.2 UNION MEMBER: A member of the Law Enforcement Labor Services, Inc., (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.
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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 ofthe 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.
ARTICLEfV. 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, slow-down or other interruption of or interference with, the
normal functions of the Employer.
ARTICLE V. 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 VI. 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.
6.2 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.
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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 VII. 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 ofthis 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.
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An employee claiming a violation concerning the interpretation or application of this
Agreement shall, within twenty-one (21) 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.
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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.
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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 oflaws,
rules or regulations having the force and effect oflaw. 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 borne
equally by the Employer and the Union, providing that each party shall be
responsible for compensating its own representatives and witnesses. If either
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party desires a verbatim record of the proceedings, it may cause such a record to
be made, providing it pays for the record. Ifboth 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 VIII. SAVINGS CLAUSE
This Agreement is subject to the laws of the United States, the State of Minnesota and the City of
Shakopee. In 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 IX. 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
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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 layoffbefore 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 X. 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.
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ARTICLE XI. CONSTITUTIONAL PROTECTION
Employees shall have the rights granted to all citizens by the United States and Minnesota State
Constitution.
ARTICLE XII. 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 XIII. 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 ofthe 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 XIV. COURT TIME
An employee who is required to appear in Court during his/her schedule off-duty time shall
receive a minimum ofthree (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 (11/2), 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.
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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 xv. CALL BACK TIME
An employee who is called to duty during his/her scheduled off-duty time shall receive a
minimum ofthree (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 ofthree (3) hours.
ARTICLE XVI. 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 XVII. 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 XVIII. 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 XIX. UNIFORMS
Employees will be paid a uniform allowance during January of each year. The allowance will be
seven hundred seventy-five dollars ($775) for calendar year 2009.
ARTICLE xx. LONGEVITY
20.1 The following Longevity Pay Plan will be in effect for Sergeants appointed prior to
December 31, 1994:
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.
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At the start of the eleventh (11 th) 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.
20.2 In lieu of the longevity pay plan outlined in section 20.1, employees, prior to lanuary 1,
1995, may choose to be covered under the performance pay system outlined in Appendix
B to this agreement. Employees making this choice may not opt back into the Longevity
Pay Plan.
20.3 New Appointments to the Sergeants classification after lanuary 1, 1995 will be subject to
longevity/pay for performance guidelines as follows:
a. Prospective Sergeant candidates within the City of Shako pee's Police
Bargaining Unit who are appointed to a Sergeant position classification and have
five years of current longevity may continue to stay on the longevity schedule as
set forth in the Sergeants Contract.
b. Prospective Sergeant candidates within the existing City of Shakopee's Police
Bargaining Unit who are appointed to a Sergeant Classification have the
option to switch from a longevity schedule to pay for performance.
c. Prospective Sergeant candidates within the City of Shako pee's existing Police
Bargaining Unit who are currently on a performance pay are not eligible to
choose longevity.
d. Prospective Sergeant candidates within the existing bargaining unit appointed to
the Sergeants classification who are not presently receiving longevity pay may
not choose longevity under the Sergeants Contract.
e. Prospective Sergeant candidates hired from outside the City of Shakopee are not
eligible for longevity in the Sergeants Contract.
ARTICLE XXI. HOLIDAYS
21.1 All permanent employees and full-time probationary employees shall be eligible for
ninety-two hours of holiday pay (11.5 paid holidays).
I. 1 anuary 1 st 8. November 11 th
2. Third Monday in January 9. Fourth Thursday in November
3. Third Monday in February 10. Day following the fourth
4. Friday before Easter Thursday in November
5. Last Monday in May 11. Half day Christmas Eve Day
6. July 4th 12. December 25th
7. First Monday in September
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21.2 Any employee required to work on any of the paid holidays listed in 21.1 shall receive an
additional one-half (112) times his\her base pay rate in addition to the regular holiday time
off
21.3 The Employer may, at his\her 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 31 st of any calendar year.
ARTICLE XXII. VACATIONS
22.1 Employees shall earn vacation as follows:
o - 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 - 15 years of employment may accumulate no more than 240
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 XXIII. 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
of20 hours of vacation per year, per City policy.
ARTICLE XXIV. BEREAVEMENT LEAVE
Sick leave may also be granted for a maximum of three (3) days per occurrence for death ofthe
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.
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ARTICLE XXV. 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 XXVI 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 XXVII. 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 seventy-five (75) working days, in accordance with guidelines set forth in M.S.
176.021, Subd. 5, beginning with the sixth (6th) working day of such injury. Such time shall not
be charged against the employee's sick leave, vacation or other accumulated benefits.
ARTICLE XXVIII. 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 XXIX. 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.
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ARTICLE XXX. COMPENSATION FOR SERGEANTS ASSIGNED TO SPECIAL
DUTY
An employee assigned as the SW Metro Drug Task Force Sergeant or the Investigations
Sergeant will be paid an additional one hundred sixty two dollars and fifty cents ($162.50)
compensation for each full month that they serve in that capacity in 2007. In calendar year
2008 that amount shall be an additional two hundred dollars ($200.00) per month. 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.
ARTICLE XXXI. 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 ofthe last payroll of the plan year.
ARTICLE XXXII. DURATION
This agreement shall be effective as of the first (1 st) day of January, 2009 and shall remain in full
effect until the thirty-first (31st) day of December, 2009.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this
day of , 2009.
FOR THE CITY OF SHAKOPEE FOR LELS
Mayor Union Steward
City Administrator Local Representative
City Clerk
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APPENDIX A
MONTHLY WAGES - SERGEANTS
2 % January 1,2009
Step 1 Step 2 Step 3 Step 4 Step 5
80% 85% 90% 95% 100%
$5,238.49 $5,565.90 $5,893.31 $6,220.70 $6,548.10
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APPENDIX B
PERFORMANCE PAY SYSTEM
. Employees may earn additional compensation based on the following criteria:
B.1 Education/Training (up to $ 150/month or $1800 per year)
Two Components
1. Education - employees with a Bachelor's degree in a job-related field are eligible
for an additional sixty dollars ($60) per month; employees with a Master's degree
in a job-related field are eligible for an additional ($90) per month compensation.
- immediate eligibility
2. On-going 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 courses/training sessions must be attended on off-duty time.
- Eligibility after 3 years of service.
B.2. Performance ($60/month or $720/year)
- Employees who perform at an above average level will be eligible to
receive merit pay.
- Merit pay will be based solely on the employee's annual performance
evaluation.
- The City will not place restrictions on the number of employees that will
be eligible to receive merit pay.
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- Employees that have received merit pay may lose it if their performance
does not continue at an above average level.
- Since the merit pay is based on annual performance evaluations, it may be
grieved to the Police Chief and City Administrator, but is not arbitral.
- Eligibility after 2 years of service.
B.3 Community Service ($60/month or $720/year)
- Employees who are actively involved in some outside community service
(scouting activities, service <;lubs, 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.
- Eligibility after 4 years of service.
B.4 Wellness/Fitness ($40/month or $480/year)
- Employee would need to make substantial progress on personalized
wellness/fitness goals and objectives to qualify for additional
compensation.
- Employee would receive a personalized wellness/fitness profile with
certain goals/objectives. Employee would be required to make
substantial progress toward meeting the various goals/objectives or to
maintain a sound wellness/fitness profile.
- Employee would be evaluated for compliance every two years or more
frequently if factors warrant.
- Eligibility after 2 years of service.
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B.5 Skilli\ssessrnent ($50/month or $ 600/year)
- Employee must pass an annual written assessment that would be
developed by the staff and administered by the Chief of Police to qualify
for additional compensation.
- The assessment will be based on information from the Department's
Policy & Procedures Manual, criminal code, City ordinances, traffic laws
and IACP training keys.
- The evaluation will be 50 questions and score of75% or above is
considered passing.
- Eligibility after 1 year of service.
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APPENDIX C
HCSP
POST EMPLOYMENT HEALTH CARE SAVINGS PLAN
CONTRIBUTION SCHEDULE
Years of Service with Hire - Beginning 12th Beginning of
City of Shakopee 11 years 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% ofmax of960 hours)
Contribution of 50% 50% 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 Shako pee
Police Department for 15 continuous years or more.
. Employee is separating employment in goodstanding.
. The percentage of the severance pay-out shall be based on a maximum of 960 hours
o(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.
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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.
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