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Home My WebLink About15.F.6. Ratification of Police Sergeant Contract IS,F,~, CITY OF SHAKO PEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Police Sergeant Contract Ratification DATE: March 31, 2004 INTRODUCTION: The Council is asked to at ratify a one-year labor agreement between the City and Law Enforcement Labor Services, Inc. LELS represents in this case the Police Sergeants. BACKGROUND: The City and Police Sergeants have met to renew a contract for one that expired December 31, 2003. The Police Sergeant's Union consists of the five first level supervisors in the Shakopee Police Department. The changes agreed to are as follows: 1. Cost of Living Adjustment - 2% increase retroactive to January 1 st, and a 1 % increase July 1 st. Note that this is different from previous recent contracts with the Police Sergeants. The 2003 language (which will remain in place), called for a cost of living adjustment equal to the average of those Stanton Group Six Cities (10,000 to 25,000 population) that settled by June 1 ofthe current year. That language will remain in the contract, but will not be applicable for this year. 2. Support Services Sergeant - There has been negotiated a $100 per month premium pay for the Sergeant who serves in this capacity. 3. Union Allowance - Uniform allowance will increase from $625 in 2003, to $650 for 2004. 4. Graphical Corrections - There are several typographical changes that are inconsequential to the performance of the contract that have been agreed to. 5. Duration - This is a one-year contract for 2004 only. BUDGET IMPACT: The 2.5% annualized cost of living adjustment was budgeted for 2004. RECOMMENDATION: I recommend ratification of the agreement. ACTION REQUIRED: If the Council concurs, it should, by motion, ratify a labor agreement between the City of Shakopee and Law Enforcement Labor Services, Inc., for the Police Sergeants. 1/vlJl ~ Mark McNeill City Administrator MM:th LABOR AGREEMENT BETWEEN THE CITY OF SHAKOPEE AND LA W ENFORCEMENT LABOR SERVICES, INC. LOCAL NO. 279 Police Sergeants Effective January 1, 200~4 through December 31, 200~1 INDEX ARTICLE PAGE I PURPOSE OF AGREEMENT............................................................ 4 II RECOGNITION............................................................................... .... 4 ill DEFINITIONS .............................................................................. ...... 4 IV EMPLOYER SECURITy............................................................ ....... 5 V EMPLOYER AUTHORITy......................................................... ....... 5 VI UNION SECURITy................................................................... ......... 5 VII EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE ..................... 6 Vill SA VWGS CLAUSE .................................................................... ....... 8 IX SENIORITy.......................................................................... .............. 9 X DISCIPLINE .. .............. .......... ...................................... ....... . . . . .. ............ 9 XI CONSTITUTIONAL PROTECTION ......... ........................................... 10 XII WORK SCHEDULE .................................................................. . . ......... 10 XIII OVERTIME..... ........... ........................................ ........ .............. . . . . ....... 10 XIV COURT TIME ...................................................... ..........~..................... 11 XV CALL BACK TIME ................................................. ............................. 11 XVI WORKING OUT CLASSIFICATION ..................................................... 11 XVII WSURAN CE ........................................................................... . . . . ......... 11 XVill STANDBy...................................................................................... ...... 11 XIX UNIFORMS............................................................................... . .......... 11 XX LONGEVITY ............................................................................. ........... 12 XXI HOLIDAyS...... ............... ........................ ................... ........... ........ . . ...... 13 2 INDEX ARTICLE PAGE XXII V ACA TIONS ........ ..................... ............. .......... ................................ 13 XXI1I SICK LEA VE ........................................................ ............. ........... ...... 13 XXIV BEREAVEMENT LEAVE ...................................................................... 14 XXV SEVERANCE PAy................................................................................ 14 XXVI INJURY ON DUTY .. ......... .......... ........... ........ ....................... ..... ............ 15 XXVII POST LICENSE............................................................. 15 XXVIII WAIVER............ ....... .... ................................ ....................... ................ 15 XXIX SUPPORT STAFF SERGEANT PAy...................... ............... 15 XXIX DURATION.................................. ............................. ........... ........... ..... 16 APPENDIX A - WAGES .......................................................................... 17 APPENDIX B - PERFORMANCE PAY SYSTEM .......................................... 19 3 LABOR AGREEMENT BETWEEN THE CITY OF SHAKOPEE AND LAW ENFORCEMENT LABOR SERVICES LOCAL NO. 279 ARTICLE 1. PURPOSE OF AGREEMENT This agreement is entered into as of January 1, 20m 1: between the City of Shakopee, hereinafter called the Employer, and the Law Enforcement Labor Services Local No. 279, hereinafter called the Union. It is the intent and prnpose 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 n. RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota Statutess Section 179A.03, Subd.ivision 14~, 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 m. DEFINITIONS 3.1 UNION: The Law Enforcement Labor Services, Inc., {Local No. 279}. 3.2 UNION MEMBER: A memberofthe 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 4 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 ofthe 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 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 oftechnology; 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 authorized such a deduction, in writing, an amount necessary to cover monthly Union dues. Such monies shall be submitted as directed by the Union. 5 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. 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 hannless 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 VIT. 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 ofthis 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 ofthe 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 (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 (1 O) 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 6 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. ~ 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 ofthe 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 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 7 interpretation of application ofthe 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 party desires a verbatim record ofthe 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 ofthe 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 ofthe 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 fmal judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions ofthe Agreement shall continue in full force and effect. The voided provision may be re-negotiated at the written request of either party. 8 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 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 ofthe 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 ofthe Employer. 9 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 VIT. ARTICLE XI. CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitution. ARTICLE xn. 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(11/2) 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. 10 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 scheduleg off-duty time shall receive a minimum of two (2) hours pay at one and one-half (11/2) times the employees base pay rate, or two hours minimum compensatory time off at time and one-half (11/2), at the employees discretion. An extension or early report to a regularly scheduled shift for Court appearance does not qualify the employee for the two (2) 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 XV. 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 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 ofthe 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. ARTICLEXVill. STANDBYPAY 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 ~ six hundred fifty dollars ($650) for calendar year 20W1. 11 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. 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 ofthe 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 January 1, 1995, may choose to be covered under the performance pay system outlined inAppendix B to this agreement. Employees making this choice may not opt back into the Longevity Pay Plan. 20.3 New Appointments tothe Sergeants classification after January 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 Shako pee'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. 12 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). 1. January 1st 7. First Monday in September 2. Third Monday in January 8. Second Monday in October 3. Third Monday in February 9. November 11th 4. Friday before Easter 10. Fourth Thursday in November 5. Last Monday in May 11. One half day on the day 6. July 4th following the fourth Thursday in November. 12. December 25th 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 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: 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 accurnulate no more than 360 hours of vacation leave. An employee who is separated for any reason shall be paid for any accumulated vacation leave. provided howevcr, that should an employee resign without giving two (2) v/eeks' vrotten notice and except for reasons of ill health, he/she shall forfeit his/her right to accumulated vacation. 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. 13 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 XXN. BEREAVEMENT LEAVE Sick leave may also be granted for a effiM 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. SEVERANCEPAY 25.1 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 leave. 25.2 Employees hired after January 1, 1981 will be entitled to severance pay after five (5) years of service. 25.3 Long term employees shall be eligible for a lump sum payment at the time of retirement, as provided herein: a. Eligibility requirements: 1.) Minimum years of service equal to 25; and 2.) Employee is eligible for full or reduced pension upon retirement; and 3.) Minimum age of 50 years at the time of retirement. b. Lump sums to be based as follows: I.) Completion of 15 years of continuous service = 1 % of regular annual base pay for each year of continuous service. 2.) Thereafter an additional.2% for each year up to a maximum limit of 3%. (16 years = 15.2% of regular annual base pay 17 years = 15.4% of regular annual base pay Etc.) 3.) The maximum limit is an additional3% above the 15%for completion of 15 years of continuous service. 14 (Completion of 30 years or more of continuous service = 18% of regular annual base pay) ARTICLE XXVI. INJURY ON DUTY 26.1 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 xxvn POST LICENSE 27. The Employer will pay up to ninety dollars ($90) towards the renewal of these Police Officers Standards and Training (POST) Licenses,--every three (3) years, while the Officer is actually employed by the City of Shakopee. ARTICLEXXVllI. WAIVER 28.1 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. 28.2 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 XXIX. SUPPORT STAFF SERGEANT PAY An employee acting as Support Staff Sergeant will be paid an additional one hundred dollars ($100) compensation for each full month that they serve in that capacity. The premium pay shall not be extended to employees who are serving in that capacity on a temporary or substitute basis, unless otherwise approved by the Police Chief. 15 ARTICLE XXX. DURATION This agreement shall be effective as ofthe first (lst) day of January, 20~and shall remain in full effect until the thirty-first (31st) day of December, 20031. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of ,20W1. FOR THE CITY OF SHAKOPEE FOR LELS, LOCAL NO. 279 Mayor Union Steward City Administrator Local m Representative City Clerk 16 APPENDIX A MONTHLY WAGES 200~ SERGEANTS For 2003... pay plan shall be adjusted by a cost ofliving increase equal to the average percentage increase for Stanton Group Six Cities (10,000 - 25,000 population). This would be based upon the average of those contracts settled by July 1 st of the year in question; any increase would be retroactive to the beginning ofthat year. iliot applicable for 2004). 2003~ Schedule '.vill go to five steps for Sergeants. It is agreed that step placements for Sergeants who are not at the top step '.yill be handled in the same manner as non contract employees. For example, Sergeants v/ho are on Step 6 of the 8 step plan (95% oftop), '.'/Quld go to Stcp 1 of the 5 step plan (also 95% of top). The eight step plan in place for 2002 is as follov/s: 2002- 009f0 ia.% 87.50% 9tWo 92.50% 95% 97.50% 400% Step4 Step-2 step-3 Step-4 Step-S ~ Step-+ ~ 1173.33 4131.17 1561.58 4695.00 <1825.12 4955.83 5086.25 5216.67 Example: If a 3% COLA.... were determined for 2003, the five step plan v/ould be as follov/s: 2003@3% 009f0 ia.% 9tWo 95% 400% step-4 Step-2 step-3 Step-4 Step-S <1298.51 <1567.19 4835.85 5101.51 5373.17 If the COLA were 3.5%, the 5 step plan would be: 2003 @ 3.5% 009f0 ia.% 9tWo 95% 400% step-4 Step-2 step-3 Step-4 Step-S 1319.10 4589.37 1859.33 5129.29 5399.25 2002 @3.8% January 1st, 2004 Step 1 Step 2 Step 3 Step 4 Step 5 80% 85% 90% 95% 100% $4,398.13 $4,673.01 $4,947.89 $5,222.77 $5,497.66 17 July 1st, 2004 Step 1 Step 2 Step 3 Step 4 Step 5 80% 85% 90% 95% 100% $4,442.11 $4,719.74 $4,997.37 $5,275.00 $5,552.64 18 61 )l.ffil;) ~~;) p.rnA'..elS UO!UD. lOA~W 6LZ 'ON '1V;)Oi 'S'IH'IlIOd HadO)IVHS dO X.1J;) dIlL lIOd - . toOl , JO AUP S!1Il uo lugUl@e~v S!1Il P9lllJ9X9 9A1Rl Ol9J9q s9-p.rod 9l{l 'dOill:I3HM.. 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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. 20 - The City will not place restrictions on the number of employees that will be eligible to receive merit pay. - 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 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. - Eligibility after 4 years of service. BA WellnesslFitness ($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. 21 B.5 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 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. 22