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HomeMy WebLinkAbout5.E.1. Police Chief Employment Agreement S.E. ). CITY OF SHAKOPEE co~mftlr-~'~T Memorandum ' l~~ ~ t:J~ " TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Police Chief Employment Agreement DATE: May 19, 2009 Comment: Introduction: The Council is asked to approve the attached employment agreement with Jeffrey C. Tate. Background: Mr. Tate is to become Chief of Police as of June 1, 2009. Traditionally, Police Chiefs have had employment agreements due to the nature of their work. The agreement spells out benefits and protections that they as a profession have, and need, beyond the typical management level employee. They also typically come from a union environment where benefits are spelled out in written form. However, several of the benefits that would otherwise need to be negotiated with a new employee coming into the organization are not needed, as Jeff Tate has been employed by the City of Shakopee for the past eleven years. I would note the section on "Vehicle". Captain Tate and I discussed a change to a monthly cash allowance, or ifhe preferred to continue the take-home vehicle that Chief Hughes has had. His preference was for the take-home vehicle. The agreement provides for this to be provision re-examined in two years. As this Council is aware, one ofthe issues which is potentially on the table for budget reductions is a change in the vehicle allowance for the five City employees who currently have this provision in lieu of a City vehicle. Depending upon the budget, or the condition of the Chief's take-home vehicle, this issue should be reexamined in two years. It should also be noted that according to Civil Service Rules, Mr. Tate will serve a six- month probationary period as a result of this promotion, rather than the one-year probationary period required for non-Civil Service employees who are promoted. Budget Impact: These items would be a continuation of the benefits currently in the budget. There will be a slight savings for FY09 due to the fact that Jeffwill start at step B of the City Pay Plan (second highest), whereas the current chiefis at Step A. : Relationship to Visioning: This supports Goal D: (Vibrant, Resilient, and Stable). Recommendation: I recommend that the attached employment agreement with Jeffrey C. Tate be approved. Action Required: If the Council concurs, it should, by motion, authorize the appropriate parties to execute the employment agreement by and between the City of Shakopee, Minnesota and Jeffrey C. Tate. lMJ tqcAJ4J Mark MeN eill City Administrator MM:cn ~ TERMS OF EMPLOYMENT for SHAKOPEE Chief of Police / Emergency Management Director This Agreement is made as of May _, 2009 for the purpose of putting into writing the terms of employment by and between the City of Shakopee ("Employer") and Jeffrey C. Tate ("Employee") in his employment as Chief of Police / Emergency Management Director for the City of Shakopee. The following terms of employment are agreed upon between the Employer and Employee. Civil Service The Employee is covered by Civil Service as provided for by state law, city code and the rules and regulations ofthe Shakopee Police Civil Service Commission. Nothing in this agreement is intended to alter, modify or supersede those laws, codes, rules or regulations. The Employee shall also be subject to all provisions ofthe City's Personnel Handbook. In case of conflict, Civil Service rules and regulations shall prevail first and foremost, followed by this Agreement and then the City's Personnel Handbook. Hire Date / Anniversary Date The Employee's date of appointment shall be June 1,2009. Employment anniversaries shall be based on this date. Probationary Period The employee shall serve a six-month probationary period beginning the date of appointment. During this probationary period, the Employer may discharge the Employee from the position of Chief of Police / Emergency Management Director without cause and return to the Employee to the position of Captain. Employment Status Upon successful completion of the probationary period, the Employer may discipline the Employee only for just cause. Discipline may take the following forms: written reprimand, suspension, demotion or discharge. Suspension, demotion and discharge shall be subject to the rules and regulations of the Shakopee Police Civil Service Commission. The position of Police Chiefis a full-time, department head position. The Employee shall be an exempt employee under the Fair Labor Standards Act (FLSA) and is not entitled to overtime pay. The Employee's work schedule shall be that which best fits the duties and responsibilities ofthe job. The job includes evening and weekend hours and may regularly require more than 40 hours in a work-week. 1 Legal Protection The Employee shall receive the same legal protection granted to other police employees. The Employee shall also be protected with liability insurance supplied by the Employer for police officers. Salary The Employee's starting salary shall be Step B of Grade 11 of the City's Full-Time Pay Plan ($101,045 per year). Assuming satisfactory completion ofthe probationary period, the Employee shall move to the next successive steps on the Pay Plan annually on the anniversary of appointment. Pay for Performance The Employee shall be eligible for pay for performance, as defined in the labor agreement for Police Sergeants. Uniform Allowance Beginning in 2010, the Employee shall receive an annual uniform allowance, paid once a year in January as a taxable lump-sum. The amount ofthe allowance shall be equal to the amount provided to Police Sergeants according to their labor agreement. At the time of the initial execution of this contract, that amount equaled $775 per year. POST License The Employer will pay up to ninety dollars ($90) toward the cost of renewing the Employee's Minnesota Police Officers Standards and Training (POST) license every three years, while the Employee is actively employed by the City of Shakopee. Vehicle Until June 1, 2011, the Employer shall allow the Employee the use of a City vehicle for City purposes, and for limited personal use incidental to travel within Shakopee, or to and from the Employee's primary residence and workplace. The limited use of the vehicle will not be excessive, and the Employee shall document all personal use. It is also understood that the Employee maybe issued a Federal Income Tax W-2 form and have income tax obligations for this personal use. Continuation of said use of a City vehicle beyond June 1, 2011, shall be negotiated between the Employer and Employee, in May, 2011. Retirement Benefits The Employer shall make the usual contributions to the Public Employees Retirement Association (PERA), in accordance with Federal and State laws. The Employee shall also be provided an opportunity to defer compensation, as allowed by law, into qualified IRS Section 457 plans as may be provided by the City to other non-contract employees. The Employee understands that he is accepting a position that requires participation in the PERA Police and Fire Fund, and that as a result, the position is not subject to Social Security withholdings. 2 Insurance Benefits The Employee shall have access to the same insurance benefits offered to all other full-time, non-contract employees. At the time this contract was entered into that includes medical, dental, life and long-term disability insurance, as well as the Post-Employment Health Care Savings Plan and flexible spending accounts offered under the City's Cafeteria Plan. The City shall contribute toward the cost of these benefits in the same dollar amounts and under the same terms and conditions as provided to all other full-time, non-contract employees. Completion of Masters Degree The Employee shall complete a Master's Degree in Public Administration no later than June 1, 2012. Failure to complete such a degree by this date shall constitute just cause for discharge. Training and Professional Development The Employer shall support the ongoing education, training and professional development of the Employee, within available resources. The Employee shall be eligible for tuition reimbursement as provided in the Personnel Handbook and shall be allowed to attend job-related training and professional development where budgeted and approved in advance. Membership Fees Upon approval ofthe City Administrator, the Employer will pay for membership in professional organizations and service clubs where membership is required by law or is deemed beneficial to the City. Holidays The Employee shall receive 92 hours of paid holiday leave per year. Of that, 8 hours is a floating holiday to be used on a day ofthe Employee's choice. The remaining 84 hours shall be used for those holidays designated in the City's Personnel Handbook, unless the nature ofthe position or exceptional conditions or circumstances warrant otherwise. In cases where the requirements of the job prevent the Employee from using holiday hours on City designated holidays, the Employee may elect to use the holiday hours on an alternate day. Vacation and Sick Leave The Employeecshall accrue vacation and sick leave in accordance with the City's Personnel Handbook. Injured on Duty Ifthe Employee is injured, through no fault of his own, while actively on-duty and performing tasks specific to a licensed peace officer, he shall be paid the difference between the Employee's regular rate of pay and worker's 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. Severance Pay Unless otherwise negotiated and approved by the City Council at the time of separation, the Employee shall be entitled to severance pay as provided by the City's Personnel Handbook. 3 EMPLOYEE: Jeffrey C. Tate EMPLOYER: CITY OF SHAKOPEE BY: BY: Jeffrey C. Tate John J. Schmitt, Mayor BY: Mark McNeill, City Administrator BY: Judith S. Cox, City Clerk 4