HomeMy WebLinkAbout13.B.1. Ratification of 2011 Patrol Officers Union ContractCity of Shakopee
MEMORANDUM
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Kris Wilson, Assistant City Administrator`
SUBJECT: Ratification of 2011 Patrol Officers Union Contract
DATE: March 10, 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 36 patrol officers.
Background
Negotiations for a labor contract with the patrol officers union have been underway for several
months, cumulating in a mediation session on March 7. The following agreement came out of
that mediation session:
➢ 1 year contract (January 1 — December 31, 2011);
➢ A 1% general wage increase effective January 1 and another 1% increase effective July 1;
➢ A $25 increase in the annual uniform allowance, bringing it to $825 per year;
➢ The establishment of a mid -range vacation accrual category that allows officers to accrue
up to 300 hours of vacation time from the beginning of their 5 year of employment
through the completion of their 15 year of service.
➢ A technical language change regarding the extra pay provided to School Resource
Officers in order to bring the City better into compliance with the Fair Labor Standards
Act. (Note: This does not change the dollar amount of the pay.)
➢ A language change moving up the deadline for officers to request vacation by seniority.
Budget Impact
The proposed agreement will result in wage and benefit costs that are $41,402.94 more than
under the current contract. The City had budgeted for some increase but this amount is
$13,587.94 higher than the 1% that was originally planned. Fortunately, this amount can be
accommodated within the Police Department's adopted budget due the existence of one vacant
position within this union group.
Relationship to Vision
This item relates to Goal E: Deliver effective and efficient public services by a staff of well -
trained, caring and professional employees.
Recommendation
The City Administrator and I recommend approval of the proposed contract. Given the current
economy, the City would like to hold additional costs down to a bare minimum. However, the
1 3. •
proposed contract was negotiated in good faith, brings officer pay closer to the average pay in
comparable cities, and avoids placing the contract in an arbitrator's hands for a second year in a
row.
Requested Action
The Council is asked to authorize the appropriate officials to enter into the negotiated 2011 labor
agreement with Law Enforcement Labor Services on behalf of the City's patrol officers.
LABOR AGREEMENT
BETWEEN
THE CITY OF SHAKOPEE
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
Police Officers
Effective January 1— December 31, 20110
INDEX
ARTICLE PAGE
I PURPOSE OF AGREEMENT 4
II RECOGNITION 4
III DEFINITIONS 4
IV EMPLOYER SECURITY 5
V EMPLOYER AUTHORITY 5
VI UNION SECURITY 6
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
XIV COMP TIME 10
XV COURT TIME 11
XVI CALL BACK TIME 11
XVII WORKING OUT CLASSIFICATION 11
XVIII INSURANCE 11
XIX POST EMPLOYMENT HEALTH CARE SAVINGS PLAN 11
XX STANDBY 11
XXI UNIFORMS 12
XXII LONGEVITY 12
2
INDEX
ARTICLE PAGE
XXIII HOLIDAYS 12
XXIV VACATIONS 13
XXV SICK LEAVE 13
XXVI BEREAVEMENT LEAVE 13
XXVII SEVERANCE PAY 13
XXVIII INJURY ON DUTY 13
XXIX PREMIUM PAY 14
XXX FIELD TRAINING OFFICERS 14
XXXI POST LICENSE 14
XXXII WAIVER 14
XXXIII DURATION 14
APPENDIX A - WAGES 16
APPENDIX B - PERFORMANCE PAY SYSTEM 17
APPENDIX C - POST EMPLOYMENT HEALTH SAVINGS PLAN 20
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ARTICLE I. PURPOSE OF AGREEMENT
This agreement is entered into as of January 1, 20110, between the City of Shakopee, hereinafter
called the Employer, and the Law Enforcement Labor Services, Inc., 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
andlor application and
1.2 Place in written form, the parties agreement, upon terms and conditions of employment for
the duration of this Agreement.
ARTICLE II. RECOGNITION
LABOR AGREEMENT
BETWEEN
THE CITY OF SHAKOPEE
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota
Statutes, Section 179A.03, Subdivision 14, for all Police Personnel in the following job
classification:
Police Officer
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.
3.2 UNION MEMBER: A member of the Law Enforcement Labor Services, Inc., Local No.
292.
3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit.
3.4 DEPARTMENT: The Shakopee Police Department.
3.5 EMPLOYER: The City of Shakopee
3.6 CHIEF: The Chief of the Shakopee Police Department.
3.7 UNION OFFICER: Officer elected or appointed by the Law Enforcement Labor Services,
Inc.
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3.8 INVESTIGATOR/DETECTIVE: An employee specifically assigned or classified by the
Employer, to the job classification and/or job position of Investigator/Detective.
3.9 SCHOOL RESOURCE OFFICER: An employee specifically assigned or classified by the
Employer to the job duties of School Resource Officer in the Junior High or Senior High,
during the regular nine -month school year.
3.10 MULTI- HOUSING OFFICER: An employee who is assigned to work with
the management and occupants of attached housing developments, with a
focus to reduce criminal activity and foster positive police- community
relations.
3.11 OVERTIME: Work performed at the express authorization of the Employer in excess of the
employee's scheduled shift.
3.12 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break.
3.13 REST BREAKS: Periods during the Scheduled Shift, during which the employee remains
on continual duty and is responsible for assigned duties.
3.14 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 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.
5
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.
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 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 of this Agreement.
7.3 Processing of a Grievance. It is recognized and accepted by the Union and the Employer that
the processing of grievances as hereinafter provided, is limited by the job duties and
responsibilities of the employees and shall therefore be accomplished during normal working
hours only when consistent with such employee duties and responsibilities. The aggrieved
employee and a Union representative shall be allowed a reasonable amount of time without
loss in pay when a grievance is investigated and presented to the Employer during normal
working hours provided that the employee and the Union representative have notified and
received the approval of the designated supervisor, who has determined that such absence is
reasonable and would not be detrimental to the work programs of the Employer.
7.4 Procedure. Grievances, as defined by Section 7.1, shall be resolved in conformance with the
following procedure.
Step 1
An employee claiming a violation concerning the interpretation or application of this
Agreement shall, within twenty -one (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
6
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 following the Employer - designated representative's final Step 2 answer shall
be considered waived.
Step 3
If appealed, the written grievance shall be presented by the Union and discussed with the
Employer - designated Step 3 representative. The Employer - designated representative shall
give the Union the Employer's answer in writing within ten (10) calendar days after receipt
of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4
within ten (10) calendar days following the Employer - designated representative's final
answer in Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten
(10) calendar days shall be considered waived.
Step 4
A grievance unresolved in Step 3 and appealed to Step 4 by the Union may be submitted
to the Minnesota Bureau of Mediation Services for mediation or to arbitration within ten
(10) calendar days following the Employer- designated representative's final Step 3
answer. If the grievance is submitted to mediation and not resolved, it may be appealed
to arbitration within ten (10) calendar days following the Employer- designated
representative's final Step 4 answer.
Step 5
A grievance unresolved in Step 4 and appealed to Step 5 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 rules
established by the Bureau of Mediation Services.
7.5 Arbitrator's Authority
A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract
from, the terms of this Agreement. The arbitrator shall consider and decide only the
specific issue(s) submitted in writing by the Employer and the Union and shall have
no authority to make a decision on any other issue not so submitted.
B. The arbitrator shall be without power to make decisions contrary to, or inconsistent
with, or modifying or varying in any way the application of laws, 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 be later, unless the parties agree to an extension. The
decision shall be binding on both the Employer and the Union and shall be based
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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 party
desires a verbatim record of the proceedings, it may cause such a record to be made,
providing it pays for the record. If both parties desire a verbatim record of the
proceedings, the cost shall be shared equally.
7.6 Waiver
If a grievance is not presented within the time limits set forth above, it shall be considered
"waived ". If a grievance is not appealed to the next step within the specified time limit or
any agreed extension thereof, it shall be considered settled on the basis of the Employer's last
answer. If the Employer does not answer a grievance or an appeal thereof, within the
specified time limits, the Union may elect to treat the grievance as denied at that step and
immediately appeal the grievance to the next step. The time limit in each step may be
extended by mutual written agreement of the Employer and the Union, in each step.
7.7 Choice of Remedy
If, as a result of the written Employer response in Step 3, the grievance remains unresolved
and if the grievance involves the suspension, demotion, or discharge of an employee who has
completed the required probationary period, the grievance may be appealed to either Step 5
of Article VII or a procedure such as: Civil Service, Veteran's Preference or Fair
Employment. If appealed to any procedure other than Step 5 of Article VII, the grievance is
not subject to the arbitration procedure as provided in Step 5 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 shall sign a statement to the effect that the choice of any other
hearing precludes the aggrieved employee from making a subsequent appeal through Step 5
of Article VII.
The election set forth above shall not apply to claims subject to the jurisdiction of the United
States Equal Employment Opportunity Commission.
ARTICLE VIII. SAVINGS CLAUSE
This Agreement is subject to all applicable laws. 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.
8
9.2 During the probationary period a newly hired or re -hired employee may be discharged at the
sole discretion of the Employer. During the probationary period a promoted or reassigned
employee may be replaced in his\her previous position at the sole discretion of the Employer.
9.3 A reduction of work force will be accomplished on the basis of seniority. Employees shall be
recalled from layoff on the basis of seniority. An employee on layoff shall have an
opportunity to return to work in two (2) years of the time of his\her layoff before any new
employee is hired.
9.4 Senior employees will be given preference with regard to transfer, job classification
assignments and promotions when the job - relevant qualifications of employees are equal.
9.5 Senior qualified employees shall be given shift assignment preference after eighteen (18)
months of continuous full -time employment.
9.6 One continuous vacation period shall be selected on the basis of seniority until February 1
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 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.
10.7 Grievances relating to this Article shall be initiated by the Union in Step 3 of the Grievance
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 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 employees regular base
pay rate for hours worked in excess of the employees 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.
13.5.1 Employees have the obligation to work overtime or callbacks if requested by the Employer,
unless unusual emergency circumstances prevent the employee from so working.
ARTICLE XIV. COMP TIME
All employees may carryover 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 have those hours 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.
10
ARTICLE XV. COURT TIME
An employee who is required to appear in Court during his or 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, or three hours minimum compensatory time off at time and one -half (1 1/2), at the employee's
discretion.
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 preceding business day. An extension or early report to a
regularly scheduled shift for Court appearance does not qualify the employee for the two (2) hour
minimum.
ARTICLE XVI. CALL BACK TIME
An employee who is called to duty during his or her scheduled 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. An
extension or early report to a regularly scheduled shift for duty does not qualify the employee for the
three (3) hour minimum.
When called back, the employee will be assigned to work a minimum of three (3) hours.
ARTICLE XVII. WORKING OUT OF CLASSIFICATION
Employees assigned by the Employer to assume the full responsibilities and authority of a higher job
classification in the bargaining unit shall receive the salary schedule of the higher classification for
the duration of the assignment.
ARTICLE XVIII. INSURANCE
Police 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 XIX POST - EMPLOYMENT HEALTH CARE SAVINGS PLAN
Police 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 XX. 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.
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ARTICLE XXI. UNIFORMS
Employees will be paid a uniform allowance during January of each year. The allowance will be
eight hundred twenty -five dollars ($825$800) for calendar year 20110.
ARTICLE XXII. LONGEVITY
22.1 The following Longevity Pay Plan will be in effect:
At the start of the fifth (5th) year of service, an employee shall receive one hundred twelve
dollars and seven cents ($112.07) per month additional.
At the start of the eighth (8th) year of service, an employee shall receive one hundred thirty -
eight dollars and ninety cents ($138.90) per month additional.
At the start of the eleventh (11th) year of service, an employee shall receive one hundred
sixty -five dollars and seventy cents ($165.70) per month additional.
At the start of the fifteenth (15th) year of service, an employee shall receive one hundred
ninety -four dollars and ninety -two cents ($194.92) per month additional.
22.2 In lieu of the longevity pay plan outlined in section 22.1, employees may choose to be
covered under the performance pay system outlined in Appendix B to this agreement.
ARTICLE XXIII. HOLIDAYS
23.1 All permanent employees and full -time probationary employees shall be eligible for ninety-
two hours of holiday pay (11.5 paid holidays).
23.2 Any employee required to work on any of the following listed eleven and one -half (11.5)
paid holidays shall receive an additional one -half (1/2) times his\her base pay rate in addition
to the regular holiday time off:
1. January 1st
2. Third Monday in January
3. Third Monday in February
4. Friday before Easter
5. Last Monday in May
6. July 4
7. First Monday in September
8. November 1 l th
9. Fourth Thursday in November
10. Fourth Friday in November
11. December 25th
12. One half day December 24
(based on 8 hour workday)
23.3 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 31st of any calendar year.
23.4 An employee leaving the City's employment shall receive holiday pay on a pro -rated basis.
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ARTICLE XXIV. VACATIONS
24.1 Employees shall earn vacation as follows:
0 - 5 years of service
6 - 10 years of service
Over 10 years of service
ARTICLE XXV. SICK LEAVE
ARTICLE XXVI. BEREAVEMENT LEAVE
ARTICLE XXVII. SEVERANCE PAY
ARTICLE XXVIII. INJURY ON DUTY
80 hours per year
120 hours per year
8 additional hours per year not to
exceed 200 hours
24.2 Employees who have 0 !115 years of employment may accumulate no more than 240 hours
of vacation leave. Employees who have 5 —15 years of employment may accumulate no
more than 300 hours of vacation leave Employees who have 16 or more years of
employment may accumulate no more than 360 hours of vacation leave. An employee who
is separated for any reason shall be paid for any accumulated vacation.
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 3 hours of sick leave to 1 hour of vacation up
to a maximum of 20 hours of vacation per year per City policy.
Sick leave also may be granted for a maximum of three 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.
Any employee who has completed five (5) years of employment with the City of Shakopee and 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, they shall forfeit his\her right to
all accumulated leave.
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,
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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 XXIX. PREMIUM PAY
When no supervisor such as the Police Chief, a Captain or a Sergeant is working, but two or more
officers are working for a period of two hours or more, the senior officer is in charge and responsible
for the maintenance of those standards and procedures necessary for the department to function
properly. Being in charge for a period of two hours or more will then qualify the senior officer for
premium pay of $1.20 per hour.
ARTICLE XXX. FIELD TRAINING OFFICERS
Employees acting as Field Training Officers (FTOs) shall receive one and one quarter hours (1.25) of
pay for each shift worked as FTO.
ARTICLE XXXI. POST LICENSE
The Employer will pay up to ninety dollars ($90) towards the renewal of the Police Officers
Standards and Training (POST) License every three years, while the officer is actively employed by
the City of Shakopee.
ARTICLE XXXII 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 XXXIII. DURATION
This agreement shall be effective as of the first (1st) day of January, 20110 and shall remain in full
effect until the thirty -first (31st) day of December, 20110.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this
1 day of , 20110.
FOR THE CITY OF SHAKOPEE LAW ENFORCEMENT LABOR
SERVICES, INC., LOCAL NO. 292
Mayor Union Steward
City Administrator Union Steward
City Clerk LELS Business Agent
15
1% Effective January 1, 2011
_
Step 1
Step 2,
Step 1
Step 2
Step 3
Step 4
Step 5
_
start
after 12 mos.
after 24 mos.
after 36 mos.
after 48 mos.
81.25%
75%
81.25%
87.50%
93.75%
100%
Monthly
$4,105.64
$4,447.77
$4,789.90
$5,132.04
$5,474.17
Hourly
$23.69
$25.66
$27.63
$29.61
$31.58
1% Effective July 1, 2011 _ _ _ _
_
Step 1
Step 2,
Step 3
Step 4
Step 5
_
start
after 12 mos.
after 24 mos.
after 36 mos.
after 48 mos.
36
75%
81.25%
87.50%
93.75%
100%
Monthly
$4,146.70
$4,492.24
$4,837.80
$5,183.36
$5,528.91
Hourly
$23.92
$25.92
$27.91
$29.90
$31.90
O _ .. ' . 1 1
Step-1
Step --2
Step-3
Step -4
Step-5
start
12
24
36
18
after mos.
after mos.
after mos.
after mos.
81.25%
87,5094
93.75%
100%
Monthly
$4,064.99
$4,103.73
$4,742.48
$5,081.23
$5,419.97
Hourly
$23.45
$25.41
$27.3.6
$29.31
$31.27
APPENDIX A
WAGES
The employer agrees to pay two hundred dollars ($200) per month shift differential to the
employees appointed or assigned by the Employer to act as an Investigator/Detective.
Employees assigned by the employer to act acting as School Resource Officers (SRO's) in the
Middle School, Junior High or Senior High shall receive one hundred sixty dollars ($160) per
month shift differentialcxtra pay, for the nine - months that school is in session,
Employees assigned by the employer to act as Multi Housing Officers shall receive one hundred
dollars ($100) per month shift differential.
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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 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.
- Employees that have received merit pay may lose it if their
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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
arbitrable.
- 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.
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 year.
- Eligibility after 2 years of service.
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.
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-The assessment will be based on information from the Department's
Policy & Procedures Manual, criminal code, City ordinances, traffic
laws, IACP training keys, and other relevant criteria as determined by
Employer.
-The evaluation will be 50 questions and score of 75% or above is
considered passing.
- Eligibility after 1 year of service.
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Years of Service with
City of Shakopee
% of per payroll contribution 0% 1% 1% 1%
City Contribution $25 /mo $25 /mo $25 /mo $25 /mo
Severance contribution None 50 %* 100 % ** 100% **
of unused sick leave
(45% of max of 960 hours)
Contribution of None None 50% 100%
Accrued Vacation
Accelerated Sick Leave
Severance Payout * **
APPENDIX C
POST EMPLOYMENT HEALTH CARE SAVINGS PLAN (HCSP)
CONTRIBUTION SCHEDULE FOR LELS MEMBERS
Hire -
year 1
Beginning 2nd
year - 15 years
N/A N/A 100% of 100% of
Step -up Step -up
Formula Formula
*Upon eligibility after year 5
** For employees who are ineligible for Accelerated Sick Leave Payout
* * * 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 with the City of Shakopee for 15
continuous years or more.
• Employee must reach the age (usually age 55, as governed by Minnesota Statutes, 2004,
353.29 and related chapters) and service requirements to be qualified for retirement under
PERA.
• Employee is separating employment in good standing.
• The percentage of the severance pay -out shall be based on a maximum of 960 hours of
accumulated sick leave calculated on the basis of the employee's current annual base pay.
• The accelerated severance payment will be deposited in the employee's HCSP account
not later than the first regularly scheduled payday following the employee's final day of
employment.
Completion of Continuous Service
With the City of Shakopee Step -up Payout formula
15 years 55%
16 years 57%
17 years 59%
18 years 61%
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Beginning 16
year -30 years
Beginning of
31st year +
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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