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HomeMy WebLinkAbout13.B.2. Ratification of 2011 Sergeants Union Contract City of Shakopee MEMORANDUM REVISED TO: Mayor and City Council Mark McNeill, City Administrator 1 3 • a FROM: Kris Wilson, Assistant City Administrator SUBJECT: Ratification of 2011 Sergeants 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 7 police sergeants. Background Negotiations for a labor contract with both Sergeants and patrol officers have been underway for several months. A recent mediation session resulted in an agreement with the patrol officers union and a nearly identical agreement has been reached with the Sergeants union. The terms of the agreement are: > 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; *- Adjustment of the ycars of scrvicc necessary to allow for vacation accrual up to 300 hours from 11 15 ycars of scrvicc to 5 15 y ars of scrvicc. The agreement with the Sergeants union is identical to the agreement with the patrol union in terms of duration, wage increases and uniform allowance. It does not include two language changes agreed to with the patrol officers because they are not applicable to the Sergeants or the change in vacation accrual limits. Budget Impact The proposed agreement will result in wage and benefit costs that are $10,095 more than under the current contract. The City had budgeted for some increase but this amount is $3,318 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 a vacant staff position. 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 proposed contract was negotiated in good faith, brings officer pay closer to the average pay in comparable cities, and maintains equity between the patrol officers and Sergeants. 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 Police Sergeants. TO: FROM: SUBJECT: DATE: Mayor and City Council Mark McNeill, City Administrator City of Shakopee MEMORANDUM Kris Wilson, Assistant City Administrator Ratification of 2011 Sergeants Union Contract March 10, 2011 13. a.a. 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 Negotiations for a labor contract with both Sergeants and patrol officers have been underway for several months. A recent mediation session resulted in an agreement with the patrol officers union and a nearly identical agreement has been reached with the Sergeants union. The terms of the agreement are: ➢ 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; ➢ Adjustment of the years of service necessary to allow for vacation accrual up to 300 hours from 11 — 15 years of service to 5 — 15 years of service. The agreement with the Sergeants union is identical to the agreement with the patrol union in terms of duration, wage increases and uniform allowance. It does not include two language changes agreed to with the patrol officers because they are not applicable to the Sergeants. Budget Impact The proposed agreement will result in wage and benefit costs that are $10,095 more than under the current contract. The City had budgeted for some increase but this amount is $3,318 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 a vacant staff position. 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 proposed contract was negotiated in good faith, brings officer pay closer to the average pay in comparable cities, and maintains equity between the patrol officers and Sergeants. 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 Police Sergeants. LABOR AGREEMENT BETWEEN THE CITY OF SHAKOPEE AND LAW ENFORCEMENT LABOR SERVICES, INC. Police Sergeants Effective January 1 through 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 5 VII EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 6 VIII SAVINGS CLAUSE 8 IX SENIORITY 8 X DISCIPLINE 9 XI CONSTITUTIONAL PROTECTION 10 XII WORK SCHEDULE 10 XIII OVERTIME 10 XIV COURT TIME 10 XV CALL BACK TIME 11 XVI WORKING OUT CLASSIFICATION 11 XVII INSURANCE 11 XVIII STANDBY 11 XIX UNIFORMS 11 XX LONGEVITY 11 XXI HOLIDAYS 12 2 ARTICLE INDEX PAGE XXII VACATIONS 13 XXIII SICK LEAVE 13 XXIV BEREAVEMENT LEAVE 13 XXV SEVERANCE PAY 14 XXVI POST EMPLOYMENT HEALTH CARE SAVINGS PLAN 14 XXVII INJURY ON DUTY 14 XXVIII POST LICENSE 14 XXIX WAIVER 14 XXX COMPENSATION FOR SERGEANTS ASSIGNED TO SPECIAL DUTY... 15 XXXI. COMP TIME BUY BACK 15 XXXII DURATION 15 APPENDIX A - WAGES 16 APPENDIX B - PERFORMANCE PAY SYSTEM 17 APPENDIX C - POST EMPLOYMENT HEALTH CARE SAVINGS PLAN 20 3 ARTICLE I. PURPOSE OF AGREEMENT LABOR AGREEMENT BETWEEN THE CITY OF SHAKOPEE AND LAW ENFORCEMENT LABOR SERVICES This agreement is entered into as of January 1, 201107 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 parry's agreement, upon terms and conditions of employment for the duration of this Agreement. ARTICLE II. RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota Statutes§ 179A.03, Subd. 8, for all Police Personnel in the following job classification: Police Sergeant 2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE III. DEFINITIONS 3.1 UNION: The Law Enforcement Labor Services, Inc., (Local No. 279). 3.2 UNION MEMBER: A member of the Law Enforcement Labor Services, Inc., (Local No. 279). 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.4 DEPARTMENT: The Shakopee Police Department. 3.5 EMPLOYER: The City of Shakopee 3.6 CHIEF: The Chief of the Shakopee Police Department. 4 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 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. ARTICLE VI. UNION SECURITY 6.1 The Employer shall deduct from the wages of Employees who authorize such a deduction, in writing, an amount necessary to cover monthly Union dues. Such monies shall be submitted as directed by the Union. 6.2 The Union may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the employer, in writing, of such choice and changes in the position of steward and/or alternate. 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 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 after the Employer - designated representative's fmal 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. 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 days 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 shall be submitted to arbitration, subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances ", as established by the Public Employment Relations Board. 7.5 Arbitrator's Authority A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from, the terms of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application 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 is later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation of application of the express terms of this Agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union, providing that each party shall be responsible for compensating its own representatives and witnesses. If either 7 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 4 or Article VII or a procedure such as: Civil Service, Veteran's Preference or Fair Employment. If appealed to any procedure other than Step 4 or Article VII, the grievance is not subject to the arbitration procedure as provided in Step 4 of Article VII. The aggrieved employee shall indicate in writing which procedure is to be utilized, Step 4 of Article VII or another appeal procedure, and sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 4 of Article VII. ARTICLE VIII. SAVINGS CLAUSE This Agreement is subject to the laws of the United States, the State of Minnesota and the City of Shakopee. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of the Agreement shall continue in full force and effect. The voided provision may be re- negotiated at the written request of either party. ARTICLE IX. SENIORITY 9.1 Seniority shall be determined by the employee's length of continuous employment with the Police Department and posted in an appropriate location. Seniority rosters may be maintained by the Chief on the basis of time in grade and time within specific classifications. 9.2 During the probationary period a newly hired or re -hired employee may be discharged at the sole discretion of the Employer. During the probationary period a promoted or 8 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 March 15th of each year. ARTICLE X. DISCIPLINE 10.1 The Employer will discipline employees for just cause only. Discipline will be in one or more of the following forms: a) oral reprimand; b) written reprimand; c) suspension; d) demotion; or e) discharge. 10.2 Suspensions, demotions and discharges will be in written form. 10.3 Written reprimands, notices of suspension and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by the signature of the employee. Employees and the Union will receive a copy of such reprimands and/or notices. 10.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer. 10.5 Discharges will be preceded by a five (5) day suspension, without pay. 10.6 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a Union representative present at such questioning. Waiver of a Union representative shall be in writing. 10.7 Grievances relating to this Article shall be initiated by the Union in Step 3 of the Grievance Procedure, under Article VII. 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 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. 13.5 Employees have the obligation to work overtime or callbacks if requested by the Employer, unless unusual circumstances prevent the employee from so working. ARTICLE XIV. COURT TIME An employee who is required to appear in Court during his/her schedule off -duty time shall receive a minimum 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 shift 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, 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 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. INSURANCE Employees covered under this contract shall receive contributions towards health insurance premiums equal to that of non - contract employees. In addition, the City shall provide life and long -term disability insurance equal to that of non - contract employees. ARTICLE XVIII. STANDBY PAY Employees required by the Employer to standby shall be paid for such standby time at the rate of one hours' pay for each on standby. ARTICLE XIX. UNIFORMS Employees will be paid a uniform allowance during January of each year. The allowance will be eight hundred twenty -five dollars ($82500) for calendar year 20110. 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 (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. 11 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. At the start of the twentieth (20th) year of service, an employee shall receive two hundred twenty -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 -two hours of holiday pay (11.5 paid holidays). 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 21.2 Any employee required to work on any of the paid holidays listed in 21.1 shall receive an additional one -half (112) times his\her base pay rate in addition to the regular holiday time off. 21.3 The Employer may, at his\her option, buy back from any employee so requesting in writing by November 1st of each calendar year, any holiday time off earned but not used by the employee by December 31st of any calendar year. ARTICLE XXII. VACATIONS 22.1 Employees shall eam vacation as follows: 0 - 5 years of service 80 hours per year 6 - 10 years of service 120 hours per year 12 8. November 1 lth 9. Fourth Thursday in November 10. Day following the fourth Thursday in November 11. Half day Christmas Eve Day 12. December 25th Over 10 years of service 8 additional hours per year not to exceed 200 hours 22.2 Employees who have 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 day (8 hours) of sick leave per month shall accumulate to a sick leave bank. Any employee absent from work for fifteen (15) consecutive calendar days shall have said sick leave deducted from the sick leave bank until such time as the sick leave bank is exhausted before deductions are made from regular accumulated sick leave. Employees who have accumulated a minimum of 160 hours of sick leave may convert sick leave to vacation at the rate of three (3) hours of sick leave to one (1) hour vacation, up to a maximum 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 all accumulated sick leave. ARTICLE XXVI POST - EMPLOYMENT HEALTH CARE SAVINGS PLAN Employees covered under this contract shall be enrolled in the Minnesota State Retirement System (MSRS) Health Care Savings Plan (HCSP). The City shall contribute $25 per month to each employee's HCSP, and automatically deposit a percentage of each employee's regular pay and severance pay, as outlined in Appendix C. 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, beginning 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 Standards and Training (POST) Licenses, every three (3) years, while the Officer is actually employed by the City of Shakopee. ARTICLE XXIX. WAIVER 29.1 Any and all prior agreements, resolutions, practices, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded. 29.2 The parties mutually acknowledge that during the negotiations, which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate, regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this Agreement was negotiated or executed. ARTICLE XXX. COMPENSATION FOR SERGEANTS ASSIGNED TO SPECIAL DUTY An employee assigned as the SW Metro Drug Task Force Sergeant or the Investigations Sergeant will be paid an additional one hundred sixty two dollars and fifty cents ($162.50) compensation for each full month that they serve in that capacity in 2007. In calendar year 2008 that amount shall be an additional two hundred dollars ($200.00) per month. The premium pay shall not be extended to employees who are serving in those capacities on a temporary or substitute basis, unless otherwise approved by the Police Chief. ARTICLE XXXI. COMP TIME BUY -BACK All employees may carry over up to 40 hours of accumulated comp time from one payroll year to the next. Any hours of accumulated comp time in excess of 40 hours as of the end of 14 the last pay period of the payroll year will be converted into cash and paid to the employee. The conversion will take place once a year on the pay date of the last payroll of the plan year. ARTICLE XXXII. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of , 20110. FOR THE CITY OF SHAKOPEE LAW ENFORCEMENT LABOR SERVICES, INC., LOCAL NO. 279 Mayor Union Steward City Administrator LELS Business Agent City Clerk 15 1% January 1, 2010 1 %July 1, 2011 APPENDIX A MONTHLY WAGES — SERGEANTS Step 1 Step - 2 Step - 3 Step - 4 — Step 80% 8 90% 9 100% Monthly $5,290.87 $5,621.56 $5,952.21 $6,282.91 $6,613.58 Hourly $30.52 $32.43 $31.34 $36.25 $38.16 1% January 1, 2011 Step 1 Step 2 Step 3 Step 4 Step 5 80% 85% 90% 95% 100% Monthly $5,343.78 $5,677.78 $6,011.76 $6,345.74 $6,679.72 Hourly $30.83 $32.76 $34.68 $36.61 $38.54 Step 1 Step 2 Step 3 Step 4 Step 5 80% 85% 90% 95% 100% Monthly $5,397.22 $5,734.55 $6,071.88 $6,409.20 $6,746.51 Hourly $31.14 $33.08 $35.03 $36.98 $38.92 16 APPENDIX B PERFORMANCE PAY SYSTEM Employees may earn additional compensation based on the following criteria: B.1 Education/Training (up to $150 /month or $1800 per year) Two Components 1. Education - employees with a Bachelor's degree in a job- related field are eligible for an additional sixty dollars ($60) per month; employees with a Master's degree in a job- related field are eligible for an additional ($90) per month compensation. - immediate eligibility 2. On -going education/training ($60 /month - annual requirement) (a) Academic - 2 courses (minimum 6 credits), or (b) Training - 24 P.O.S.T. credits B.2. Performance 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. ($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 B.3 Community Service ($60 /month or $720 /year) 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. 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 two years or more frequently if factors warrant. Eligibility after 2 years of service. 18 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 of 75% or above is considered passing. Eligibility after 1 year of service. 19 Years of Service with City of Shako ee APPENDIX C HCSP POST EMPLOYMENT HEALTH CARE SAVINGS PLAN CONTRIBUTION SCHEDULE Severance contribution of 100 %* 100% 100% unused sick leave balance (45% of max of 960 hours) % of per payroll contribution 3% 4% 4% City Contribution $25 /mo $25 /mo $25 /mo *Upon eligibility after year 5 * * Upon eligibility after year 15 Hire - 11 years Contribution of 50% 100% 100% Accrued Vacation Accelerated Sick Leave N/A 100% of 100% of Severance Payout Step -Up Step -up Formula ** Formula Accelerated Sick Leave Severance Payout The City of Shakopee appreciates employees, who through long -term service and dedication, contribute to making the city a successful and positive service provider. In recognition thereof, the City acknowledges such long -term service by providing an accelerated sick leave payout formula listed below if the employee meets all the following conditions: • Full -time or part -time benefit- eligible employee employed by the City of Shakopee Police Department for 15 continuous years or more. • 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. 20 Beginning 12th year -25 years Beginning of 26th year + Completion of Continuous Service With the City of Shakopee Step -up Payout formula 15 years 55% 16 years 57% 17 years 59% 18 years 61% 19 years 63% 20 years 65% 21 years 67% 22 years 69% 23 years 71% 24 years 73% 25 years 75% Anniversary date of full -time employment or part -time benefit- eligible date is used to compute years of service with Shakopee. 21