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HomeMy WebLinkAbout17.B. 2012-2013 Sergeants Union Contract City of Shakopee � �, �, MEMORANDUM TO: Mayor and City Council Mark McNeill, City Ad.ministratar FROM: Kris Wilson, Assistant City Administrato�r�� . SUBJECT: Ra.tification of 2012 Sergeants Union Contract DATE: December 15, 2011 , Introduction The City Council is asked to authorize the appropriate individuals to sign the attached labor � agreement with Law Enforcement Labor Services, representing the City's 7 Police Sergeants. ; Background � Management has reached a tentative agreement with the City's Sergeants union that mirrors the � � agreement with the patrol officers. The union has voted to accept the agreement, so the issue is � now before the City Council. � The followi.ng are the terms of the agreement: ➢ 2 year contract (January 1, 2012 — December 31 2013)• ' ➢ 2% general wage increase effective January 1, 2012 and a 2% increase January 1, 2013; ➢ Annual uniform allowance to remain at $825 per year and continue to be paid out in one lump sum; ➢ An increase from a half-day holiday on December 24 to a full-day holida.y on that date; ➢ The followi.ng increases to special duty pay: Current 2012 2013 Investigator $200 $240 $280 Budget Impact � The 2012 adopted operating budget includes funding for a 1% wage increase for all full-time employees. However, the 2% increase esta.blished in this contract can be paid for within the � adopted personnel budget due to health insurance changes that resulted in lower insurance costs for the City in 2012. Relationship to Vision � This item relates to Goal E: Deliver effective and efficient public services by a sta.ff of well- � trained, caring and professional employees. � Recommendation � The City Administrator and I recommend approval of the proposed contract as a faix and reasonable settlement for both the City and the union. Requested Action The Council is asked to authorize the appropriate officials to enter into the negotiated 20121abor agreement with Law Enforcement Labor Services on behalf of the City's Police Sergeants. i : LABOR AGREEMENT BETWEEN THE CITY OF SHAKOPEE AND LAW ENFORCEMENT LABOR SERVICES, INC. Police Sergeants � � Effective January 1, 2012 through December 31, 2013� INDEX . ARTICLE PAGE � I PURPOSE OF AGREEMENT ............................................................ 4 IIRECOGI�TITION ................................................................................... 4 IIIDEFINITIONS .................................................................................... 4 IV EIVIPLOYER SECURITY ......................................................... ... ....... 5 V ElVIPLOYER AUT'HORI'TY ..................................................... . . . . ....... 5 VI LTNION SECURITY ............................................................... .... ......... 5 VII ENIPLOYEE RIGHTS - GRIEVANCE PROCEDURE ..................... . 6 VIII SAVIlVGS CLAUSE ........................................................................... 8 IXSEI�TIORITY ....................................................................... . .. .............. 8 XDISCIPLINE ......................................................................................... 9 � XI CONS'I'ITUTIONAL PROTECTION .................................................... 10 XII WORK SCHEDULE ............................................................................. 10 � XIIIOVERTIlVIE ......................................................................................... 10 XNCOURT TIlv1E ................................:................. .... ................................ 10 . XV CALL BACK TIlVIE ................................................. ............................. 11 XVI WORKIlVG OUT CLASSIFICATION ..................................................... 11 XVIIINSURANCE ........................................................................................ 11 XVIIISTANDBY ............................................................................................ 11 XIXiJNIFORMS .......................................................................................... 11 XXLONGEVITY ............................................................................ ............ 11 XXIHOLIDAYS ........................................................................................... � 12 2 . INDEX ARTICLE � PAGE XXII VACATIONS .................................................................................... 13 ��II SICK LEAVE ...................................................................................... 13 XXIV BEREAVEMENT LEAVE ...................................................................... 13 XXV SEVERANCE PAY ...............................:................................................ 14 . XXVI POST EMPLOYN�NT HEALTH CARE SAVINGS PLAN ................ 14 XXVII INNRY ON DUTY ...:..........................:........................................ 14 XXVIII POST LICENSE ....................................................... 14 . X�� WAIVER ..................................................................................... 14 �� COMPENSATION FOR SERGEANTS ASSIGNED TO SPECIAL DUTY... 15 � X��. COMP TIIVIE BUY BACK ...... ............ ... ... ............ .................. 15 XX��I DURATION ...................................................:............................... 15 APPENDIX - WAGES .......................................................................... � 16 APPENDIX B- PERFORMANCE PAY SYSTEM ......................................... 17 APPENDIX C- POST EMPLOYlV�NT HEALTH CARE SAVINGS PLAN 20 3 � LABOR AGREEMENT BETWEEN . THE CITY OF SHAKOPEE � ' ' . AND LAW ENFORCEMENT LABOR SERVICES � ` ARTICLE I. PURPOSE OF AGREEMENT f � � This agreement is entered into as of Januaty 1, 2012��- 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 1.2 Place in written form, the pariy's agreement, upon ternis and conditions of employment for � the duration of this Agreement. � ARTICLE II. RECOGrTITION i � 21 `� 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: F � i { Police Sergeant f j 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 deternunation. Y � � ARTICLE III. DEFIlVITIONS i . 3.1 LTI�]ION: The Law Enforcement Labor Services, Inc., (Local No. 279). � . ; , i 3.2 LTNION MEMBER: A member of the Law Enforcement Labor Services, Inc., (Loca1 No. '�, 279). I ; 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. ; + 3.4 DEPAR'TMENT: The Shakopee Police Departnient. . ; 3.5 EMPLOYER: The City of Shakopee ! 3.6 CHIEF: The Chief of the Shakopee Police Departrnent. i ; , ; I ' � � � 4 i i ; t � � • 3.7 LJNION OFFICER: Officer elected or appointed by the Law Enforcement Labor Services, Inc., (Local No. 279). 3.8 OVERTIlVIE: Work performed at the express authoriza.tion of the Employer in excess of the " employee's scheduled shift. 3.9 SCHEDULED SHHIF"T: 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 IV. EMPLOYER SECLTRITY 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 nortnal fiznctions 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 esta.blish functions and programs; to set and amend budgets; to determine the utiliza.tion of technology; to establish and modify the orgauizational struciure; to select, d.irect and determine the number of personnel; to establish work schedules and perform any inherent managerial function not specifically lixnited by this Agreement. • . 5.2 . Any term and condition of employment not specifically established or modi.fied by this Agreement shall remain solely within the discretion of the Employer to modify, establish or . ' elimixiate. 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 bargaini.ng unit to act as a steward and an alternate and shall i.nform the employer, in writing, of such choice and changes in the position of steward and/or alternate. � 5 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 harn�less against any and a11 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 Grrievance. 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 Representa.tives designated by the � Union as the grievance representatives of the bargaini.ng unit having the duties and � responsibilities established by this Article. The Union shall notify the Employer, in writing, of the names of such Union Representa.tives 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 sha11 therefore be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved � employee and a Union representa.tive shall be allowed a reasonable amount of tune 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 ha.ve notified and received the approval of the designated supervisor, who has detern7ined 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 claiining a violation concerning the interpretation or application of this Agreement shall, within twenty-one (21) calendar days after such alleged violatiori 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 representa.tive's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union, within ten (10) calendar da.ys sha11 be considered waived. 6 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 da.ys 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 da.ys 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 da.ys 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 sha11 be made in accordance with the "Rules Governing the Arbitration of Grievances", as established by the Public , Employxnent Relations Board. 7.5 Arbitrator's Authoritv A. The arbilrator shall have no right to amend, moclify, 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 ha.ve 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, rules or regulations . having the force and effect of law. The Arbitrator's decision shall be submitted in writing within thirly (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 ternis 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 resgonsible 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, 7 �a 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 ne� 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 ma.y 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 Remedv 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 Fa.ir 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 Arkicle 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 Arkicle 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 withi.n 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 P�3'• ARTICLE IX. SE1vIORITY 9.1 Seniority sha11 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 witlun 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 8 � 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 lransfer, job classification assignments and promotions when the job-relevant qualifications of employees are equal. 9.5 Senior qualified employees sha11 be given shift assignment preference after eighteen (18) months of continuous full-time employxnent. 9.6 One continuous vacation period shall be selected on the basis of seniority until March 15th of each year. ARTICLE X. DISCIl'LINE 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) da.y 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 Crrievances relating to this Article shall be i.nitiated by the Union in Step 3 of the Crrievance Procedure, under Article VII. 9 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 Holida.ys 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 maxi.mum of hours the Employer may assign employees. ARTICLE XIII. OVERTIlVIE . 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 overti.me 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 sha11 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 TIlVIE � An employee who is required to appeaz in Court duri.ng 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 shi.ft for Court appearance does not qualify the employee for the three (3) hour minimum. 10 � . An employee who is scheduled for Court during off-duty time, but subsequently canceled, sha11 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 TIlVIE 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 minnnum of three (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. INSUR.ANCE � Employees covered under this contract shall receive contributions towards health insurance premiums equal to that of non-conlract 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 uni.form allowance during January of each year. The allowance will be � eight hundred twenty-five dollars ($825) for calendar year 2012 and 2013�. ARTICLE XX. 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 (Sth) year of service, an employee sha11 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 thirly-eight dollars and ninety cents ($138.90) per month additional. At the start of the eleventh (l lth) year of service, an employee shall receive one 11 v 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 iwenty-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 performance 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 pay for performance plan outlined in Appendix B, and shall not have the option of longevity pay. ARTICLE XXI. HOLIDAYS 21.1 All permanent employees and full-time probationary employees shall be eligible for ninety- � six �ve-hours of holida.y pay 12�-5 paid holidays). 1. Januazy 1 st 8. November l lth � 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 I 5. Last Monday in May 11. December 24�' � 6. Ju1y 4�' 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 his�her option, buy back from any employee so requesting in writing by November 1 st 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: 0- 5 years of service 80 hours per year 6-10 years of service 120 hours per year 12 Over 10 years of service 8 additional hours per year not to exceed 200 hours 22.2 Employees who ha.ve 0- 10 years of employment may accumulate no more than 240 hours of vacation leave. Employees who have 11-15 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 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 da.y (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 XXIV. 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 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 a11 accumulated sick leave. ARTICLE XXVI POST-EMPLOYN�NT HEALTH CARE SAVINGS PLAN Employees covered under this contract shall be enrolled in the Minnesota Sta.te Retirement System (MSRS) Health Care Savi.ngs Plan (HCSP). The City shall conlribute $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. 13 ' � 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 six hundred (600) work hours, in accordance with guidelines set forth in M.S. 176.021, Subd. 5, beguuung with the forty-first (41�) work hour 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 Standaxds and Traiiung (POST) Licenses, every three (3) years, while the Officer is actually employed by the City of Shakopee. ARTICLE X��. 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 lrnowledge or contemplation of either or both of the parties at the time this Agreement was negotiated or executed. ARTICLE XX��. 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 two hundred and forty dollars $240� ��€r��ex�s-($-l���e�a�e}rfor each full month that they serve in that capacity in 2012�98� and an additional two hundred and ei�htv dollars ($280 in 2013. ���� . . The premium pay sha11 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 XX��. COMP TIlVIE 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 14 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 X��I. DURATION This agreement shall be effective as of the first (lst) day of January, 2012� and shall remain in full effect until the thirty-first (31 st) day of December, 2013�. IN WITNESS WI�REOF, the parties hereto have executed tlus Agreement on this da.y of , 2011. - � FOR TI� CITY OF SHAKOPEE LAW ENFORCEMENT LABOR SERVICES, INC., LOCAL NO. 279 Mayor Union Steward City Administrator LELS Business Agent . City Clerk ' 15 APPENDIX A MONTHLY WAGES — SERGEANTS � 2% Januarv 1. 2012 � Step 1 Step 2 Sten 3 Step 4 Step 5 I _ 80% 85% 90% . 95% 100% � Monthlv 5,505.15 5 849.22 6 193.30 6 537.37 6 881.44 � Hourlv 31.76 33.75 $35.73 37.72 $39.70 � • I 2% Januar;v 1, 2013 . I Sten 1 Step 2 Step 3 Sten 4 Sten 5 �I _ 80% 85% 90% � 95% 100% � Monthlv 5 615.26 5 966.21 $6,317.16 6 668.12 7 019.07 � Hourlv $32.40 34.42 $36.45 38.47 40.49 � I �� � � �} �� � ��¢ �� I - S�o S�o 3A°�e �o �BA�o I � Qc �n� �Q Qc ��� �o �� ni i �� Qti �nc �n Q� ��� �� ��rr. ro- �v�"r.'ro- �v�vrr.TV �.�r-r- �v�vrT. r � �'-�3` �B:S-3- �- �S- � �4 I ° , � �-� S�e�-� S�ei�-3 �te�4- . S�e�� I - $&°fa $-� }A�o �{e -�8�0 I �� Qc �n� �� �c ��n cc ��� Q� nnn �n Qti �n� ci y�� - rz� � , yv� rv�zv � I � �-a- �as- �e-� ��-- �s�-�- 16 APPENDIX B PERFORMANCE PAY SYSTEM � Employees may earn additional compensation based on the following criteria: B.1 Education/Trainin� (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 leaming and be approved by the Chief of Police prior to enrolli.ng. The City would reimburse employees for college courses consistent with the City's tuition reimbursement policy. - Traiiung sessions must be approved by the Chief of Police prior to attending. The City would pay for the traini.ng 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. 17 � - 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 Communitv 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 havi.ng substantial input into the community. - Community service activities need to occur on an annual basis. - Community service acfiivities 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/fiiness 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 frequenfly if factors warrant. - Eligibility after 2 years of service. 18 B.S Skill Assessment ($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 Manua1, criminal code, City ordinances, traffic laws and IACP traini.ng keys. ' - The evaluation will be 50 questions and score of 75% or above is considered passing. - Eligibility after 1 year of service. 19 APPENDIX C HCSP � POST EMPLOYMENT HEALTH CARE SAVINGS PLAN CONTRIBUTION SCHEDULE Years of Service with Hire - Beginning 12th Beginning of Citv of Shakopee 11 years year -25 , r� 26th vear + % 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 Pavout 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 percenta.ge 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. 20 . Completion of Continuous Service With the Citv of Shakopee Step-up Pavout formula 15 years , 55%0 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. 21