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HomeMy WebLinkAbout17.A. 2012 Police Union Contract � ' � � � � �. /�i � City of Shakopee MEMORANDUM TO: Mayor and City Council Mark McNeill, City Administrator FROM: Kris Wilson, Assistant City Administrator � . � SUBJECT: Ratification of 2012 Patrol Officers Union Contract . DATE: December 15, 2011 . Introduction The City Council is asked to authorize the appropriate individuals to sign the attached labor agreement with Law Enforcement Labor Services, representing the City's 37 patrol officers. � Background Management has reached a tentative agreement with the City's patrol officers union. The union has voted to accept the agreement, so the issue is now before the City Council. � . The followi.ng are the terms of the agreement: �. . . . . � '; ' � ➢ 2 year contract (January 1, 2012 - December 31, 2013); � ' � ➢ 2% general wage increase effective January 1, 2012 and a 2% increase January 1, 2013; ' ➢ Annual uniform allowance to remain at $825 per year and continue to be paid out in one ; liunp sum; . � ➢ An increase from a half-day holiday on December 24 to a full-day holiday on that date; , ➢ The following increases to special duty pay: � Current 2012 • 2013 , Investigator $200 $240 $280 . SRO $160 $190 $220 Multi-Housing $100 $120 $140 The one outstanding issue is that of the officers' contributions to their Post-Employment Health � Caze Savings Plan, which is outlined in Appendix C. This is an issue that requires a consensus amongst union members but does not impact the City financially. The union hopes to reach the necessary consensus amongst its members sometime in January. Therefore it is proposed that the contract be approved and signed witxi the exception of Appendix C, which will be brought � back for final approval at a later date. Budget Impact The 2012 adopted operating budget included funding for a 1% wage increase for a11 full-time , employees. The 2% increase esta.blished in this conlract can be paid for within the adopted � personnel budget due to health insurance changes that resulted in lower insurance costs for the City in 2012.. a - 't. L ' Relationship to Vision � This item relates to Goal E: Deliver effective and efficient public services by a sta.ff of well- trained, caring and professional employees. Recommendation � ' The City Administrator and I recommend approval of the proposed contract as a fair and reasonable settlement for both the City and the union. � Requested Action The Council is asked to authorize the appropriate officials to enter into the negotiated 20121abor agreement with Law Enforcement Labor Services on behalf of the City's patrol officers, with the exception of Appendix C, which is held open for further negotiation and future settlement. '; ; . LABOR AGREEMENT BETWEEN � THE CITY OF SHAKOPEE . AND LAW ENFORCEMENT LABOR SERVICES, INC. Police Officers - � Effective January 1, 2012 — December 31, 2013� ,. � , gl�E� ARTICLE PAGE l. PURPOSE OF AGREEIVIENT ......................................................... 4 2 . RECOGNITION ................................................................................. 4 3. DEFINITIONS .................................................................................. 4 4. EMPLOYER SECURITY ................................................................ 5 5. EIVIPLOYER AI.TTHORITY ............................................................. 5 6. I.JNION SECURITY ..................................................... 6 . ...................... 7. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE ........................ 6 8. SAVINGS CLAUSE .............................................................................. 8 9 . SENIORITY ............................................................................................ 8 10 . DISCIPLINE ............................................................................................. 9 1 l. CONSTITUTIONAL PROTEC'TION ..................................................... 10 12. WORK SCHEDULE ................................................................................ 10 13 . OVERTIME ............................................................................................... 10 14. COIVIP TIlvIE .................................................................. 10 15 . COURT TIlVIE .......................................................................................... 11 , 16. CALL BACK TIME ................................................................................. 11 17. WORKIlVG OUT CLASSIFICATION ..................................................... 11 18 . INSURANCE ....................................................................:........................ 11 19. POST EMPLOYMENT HEALTH CARE SAVIlVGS PLAN .......................... 11 20 . STANDBY ............................................................................................... 11 � 21 . UNIFORMS ............................................................................................... 12 22 . LONGEVITY ..:.......................................................................................... 12 - 2 . { 4 t. i INDEX AR.TICLE PAGE 23. HOLIDAYS ................................................................................................. 12 24. VACATIONS ............................................................................................... 13 25. SICK LEAVE ...................................................................................:........... 13 26. BEREAVEMENT LEAVE ......................................................................... 13 27. SEVERANCE PAY ..................................................................................... 13 28. INJURY ON DUTY .................................................................................... 13 29. PREMIUM PAY . ` . ......................................................................................... 14 30. FIELD TRAINING OFFICERS ................................................................. 14 31 POST LICENSE .....................................................:....................................... 14 32. ' WANER .......................................................................................:............... 14 33. DURATION ......:.......................................................................................... 14 APPENDIXA - WAGES ............................................................................. 16 APPENDIX B- PERFORMANCE PAY SYST'EM .................................. 17 APPENDIX C- POST EMPLOYMENT HEALTH SAVINGS PLAN 20 3 � r .. .'r, LABOR AGREEMENT BETWEEN _ THE CITY OF SHAKOPEE AND LAW ENFORCEMENT LABOR SERVICES, INC. � ARTICLE 1.�. PURPOSE OF AGREEMENT � This agreement is entered into as of January 1, 2012��-, 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 conceming this Agreement's interpretation and/or application and 1.2 ,: Place in written form, the parties agreement, upon terms and conditions of employment for the duration of this Agreement. � ARTICLE 2.�. RECOGNITION . 2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota. Sta.tutes, Section 179A.03, Subdivision 14, for a11 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 deternunation. � ARTICLE 3. � DEFIl�TITIONS � � 3.1 LTIVION: The Law Enforcement Labor Services, Inc. 3.2 LJNION MEMBER: A member of the Law Enforcement Labor Services, Inc., Loca1 No. 292. 3.3 EMPLOYEE: A member of the exclusively recognized bargai.ni.ng unit. 3.4 DEPARTMENT: The Shakopee Police Department. 3.5 EMPLOYER: The City of Shakopee 3.6 CHIEF: The Chief of the Shakopee Police Departznent. 3.7 LTrTION OFFICER: Officer elected or appointed by the Law Enforcement Labor Services, Inc. 4 5�� c. 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 regulaz 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 OVERTIlVIE: 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 includi.ng rest breaks and a lunch break. 3.13 REST BREAKS: Periods during the Scheduled Shi.ft, 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, faithfizl 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 4. � 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 5. � 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 deterniine 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 � � f f � t � ARTICLE 6. � LJNION 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 harxnless 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 7. �. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.1 Defuution of a Crrievance. A grievance is defined as a dispute or disagreement as to the interpretation or application of tlie specific terms and conditions of this Agreement. 7.2 Union Representatives. The Employer will recognize Representatives designated by the Union as the grievance representa.tives of the bargaining unit having the duties and responsibilities established by this Article. The Union sha11 notify the Employer, in writing, of the names of such Union Representa.tives and of their successors when so designated, as provided by Section 6.2 of this Agreement. 7.3 Processin� of a Crrievance. 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 representa.tive have notified and received the approval of the designated supervisor, who has determined that such absence is reasona.ble 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 th� following procedure. Step 1 An employee claiming a violation concerning the interpreta.tion or application of this Agreement sha11, 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 witivn ten (10) calendar da.ys 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 l. Any grievance not appealed in writing to Step 2 by the Union, witivn ten (10) calendar da.ys sha11 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 witivn ten (10) calendar da.ys 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 representa.tive. 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 arbiiration 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 sha11 be made in accordance with rules established by the Bureau of Mediation Services. - 7.5 Arbitrator's Authoritv � A. The arbilrator 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 contr�ary 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 Arbilrator's decision shall be submitted in writing within tlurty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, u.nless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based 7 , � 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 sha11 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 sha11 be shared equally. 7.6 Waiver If a grievance is not presented within the time limits set forkh above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed e�ctension 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 Remedv If, as a result of the written Employer response in Step 3, the grievance remains unresolved and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed to either Step 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 sha11 not apply to claims subject to the jurisdiction of the United States Equa1 Employment Opportunity Commission. � ARTICLE 8. �. SAVINGS CLAUSE This Agreement is subject to a11 applicable laws. In the event any provision of this Agreement shall be held to be contraty to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the ti.me 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 9. � SErTIORITY 9.1 Seniority shall be deternuned by the employee's length of continuous employment with the Police Deparkment 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 opportuiuty 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� of each year. � ARTICLE 10. � DISCIPLINE 10.1 The Employer will discipline employees for just cause only. Discipline will be in one or mare 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 aclalowledged 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 opporhanity to have a Union representative present at such ' questioning. 10.7 Crrievances relating to this Article shall be initiated by the Union in Step 3 of the Crrievance Procedure, under Article VII. 9 � ARTICLE 11. �. CONSTITUTIONAL PROTECT'ION Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitution. � ARTICLE 12. � 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) holida.ys; 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 13. � 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 14. � COMP TIlVIE 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 15. � COURT TIME . An employee who is required to appear in Court during his or her scheduled off-duty time sha11 receive a minimum of three (3) hours pay at one and one-half (1 1/2) times the employee's base pay ra.te, 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, sha11 be entitled to two (2) hours pay at the employee's base rate, unless the employee was notified of the cancellation prior to 5:00 PM of the preceding business day. An extension or early report to a regularly scheduled shift for Court appearance does not qualify the employee for the two (2j hour iiLinimum, � ARTICLE 16. �. CALL BACK TIME An employee who is called to duty during his or her scheduled off-duty time shall receive a r�mum 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 miniinuxn of three (3) hours. � ARTICLE 17. �. WORKIl�G OUT OF CLASSIFICATION Employees assigned by the Employer to assuxne the full responsibilities and authority of a higher job classification in the bargaiiung unit shall receive the salary schedule of the higher classification for the duration of the assignment. • � ARTICLE 18. � INSUR.ANCE 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 19. � POST-EMPLOYMENT HEALTH CARE SAVIl�tGS PLAN Police employees covered under this contract sha11 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 20. � 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. 11 � ARTICLE 21. � LJNIFORMS Employees will be paid a uniform allowance during January of each year. The allowance will be � eight hundred twenty-five dollars ($825) for calendar year 2012 and 2013�. � ARTICLE 22.� LONGEVITY 22.1 The following Longevity Pay Plan will be in effect: At the start of the fifth (Sth) 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 addifional. At the start of the eleventh (l lth) 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 (1 Sth) 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 23�. HOLIDAYS 23.1 All permanent employees and full-time probationary employees shall be eligible for ninety- � six�e hours of holiday pay (12�-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 1 st 7. First Monday in September . 2. Third Monday in January 8. November l lth 3. Third Monday in February 9. Fourth Thursday in November 4. Friday before Easter 10. Fourth Friday in November 5. Last Monday in May 11. December 25th I 6. Ju1y 4 12. December 24�' 23.3 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. 23.4 An employee leaving the City's employment shall receive holida.y pay on a pro-rated basis. 12 � ARTICLE 24.� VACATIONS � 24.1 Employees sha11 earn vacation as follows: 0- 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 24.2 Employees who have 0- 4 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 employrnent may accumulate no more than 360 hours of vacation leave. An employee who is separated for any reason sha11 be paid for any accumulated vacation. � � ARTICLE 25� 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 sha11 accumulate to a sick leave bank. Any employee absent from work for fifteen (15) consecutive calendaz 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. � ARTICLE 26�. BEREAVEMENT LEAVE � Sick leave also may be granted for a maximum of three da.ys 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 27� SEVERANCE PAY 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 sixiy (960) hours of accumulated regular sick leave calculated on the basis of his�lier current wage scale. Should any employee resign without givi.ng two (2) weeks written notice, except for reasons of ill health, they sha11 forfeit his�her right to all accumulated leave. � ARTICLE 28�. 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 seventy-five (75) working da.ys, in accordance with guidelines set forth in M.S. 176.021, 13 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 29�'�: PREMIUM PAY When no supervisor such as the Police Chief, a Captain or a Sergeant is working, but two or more officers aze working for a period of two hours or more, the senior officer is in charge and responsible for the maintenance of those standazds 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 30-��. FIELD TR.AINING 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 31��: POST LICENSE The Employer will pay up to ninety dollars ($90) towards the renewal of the Police Officers Standards and Training (POS1� License every three years, while the officer is actively employed by the City of Shakopee. . � � ARTICLE 32� WAIVER 28.1 Any and all prior agreements, resolutions, pra.ctices, 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 aclrnowledge 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 employxnent not specifically referred to or covered by this . Agreement, even though such terms or conditions may not have been witlun the knowledge or contemplation of either or both of the parties at the time this Agreement was negotiated or executed. � ARTICLE 33� DURATION This agreement shall be effective as of the first (1 st) day of January, 2012� and shall remain in full effect until the tivrry-first (31 st) day of December, 2013�. 14 . IN WITNESS WI�REOF, the parties hereto have executed this Agreement on this � da.y of , 2012�. FOR TI� CITY OF SHAKOPEE LAW ENFORCEMENT LABOR � • SERVICES, INC., LOCAL NO. 292 " Mayar Union Steward � City Administrator Union Steward City Clerk LELS Business Agent 15 APPENDIX A WAGES 2% Effective January 1, 2012 . Step 1 Step 2 Step 3 Step 4 Step 5 start after 12 mos. after 24 mos. after 36 mos. after 48 mos. 75% 81.25% 87.50% 93.75% 100% Monthly $4,229.62 $4,582.08 $4,934.55 $5,287.02 $5,639.49 Hourly $24.40 $26.44 $28.47 $30.50 $32.54 2% Effective January 1, 2013 Step 1 Step 2 Step 3 Step 4 Step 5 start after 12 mos. after 24 mos. after 36 mos. after 48 mos. 75% 81.25% 87.50% 93.75% 100% Monthly $4,314.21 $4,673.73 $5,033.24 $5,392.76 $5,752.28 Hourly $24.89 $26.96 $29.04 $31.11 $33.19 �- a � - �ei� �e�-� �e�-3 �i-4 �efl-� - �FF=� A�ei=1�194e�; �,. �.� U „�.,,,, a� �, n�.,,,, .�Q ,� - � �i � ���� � �� Qn i nc �n Qn nn� �� Qn �Qn nn Qc i�� nn Qc n�n i � �-rTV vr �r�rr. r r �rrvTr� y��vr �-�r� r. rr- �� � � � � �2� O � - - - - ' � � � � � - � . ..�,,.. 7 A .,, ..�'f..,. ? � ,,. . . -. 7'77O tJ"t.�J V7�t7'7D 1rJ�'�7� . Z't7V7D �� Qn no� �n Qn o�� on Qc i o� �ti Qc c�o n� , . �rrr�cr y�v.rr:vv- y��z y�rs �� �7� � � � � 2� The employer agrees to pay a shift differential of two hundred and fo dollars 240�$9) per month s���in 2012 and two hundred and ei�tv dollars ($280�per month in 2013 to the employees appointed or assigned by the Employer to act as an Investigator/Detective. Employees assigned by the employer to act as School Resource Officers (SRO's) in the Middle � School, Junior High or Senior High shall receive a shift differential of one hundred ninetv dollars 16 ' I($1901 per month in 2012 and two hundred and twentv dollars ($2201 per month in 2013 e�e- ', for the nine-months that school is in session. Employees assigned by the employer to act as Multi Housing Officers shall receive a shift ' differential of one hundred and twentv dollars ($1201 per month in 2012 and one hundred and fortv dollars ($140) er month in 2013. ____ ,,,,��,,, �Q � nm o,. ,,,,,�,.,, ,� •# ,, •� +• , � ++N+I4lLK u \�y v/ �JVl 111V11�11 JL111l.�IGIAT � 17 APPENDIX B . PERFORMANCE PAY SYSTEM Employees may earn additional compensation based on the following criteria: B.1 Education/Trainin� (up to $150/month or $1800 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 compensafion. - immediate eligibility � 2. On-going education/lraini.ng ($60/month - annual requiremerit) (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 . learni.ng 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. -Traini.ng sessions must be approved by the Chief of Police prior to attending. The City would pay for the traini.ng sessions. -The trai.ning 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 18 performance does not continue at an above average level. -Since the merit pay is based on annual performance evalua.tions, it may be grieved to the Police Chief and City Admuustrator, but is not arbitrable. -Eligibility after 2 years of service. B.3 Communitv Service ($60/month or $720/year) -Employees who are actively involved in some outside community service (scouting activities, service clubs, youth athletics, church , groups, etc.) would be eligible to receive additional compensation. -Community service does not have to occur in the City of Shakopee. -Community service activities are an excellent means of personal growth and development, and should result in the employee 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 $600/year) ' -Employee must pass an annual written assessment that would be developed by the staff and administered by the Chief of Police to qualify for additional compensation. 19 -The assessment will be based on infortnation from the Deparhment's Policy & Procedures Manual, criminal code, City ordinances,lraffic laws, IACP training keys, and other relevant criteria as determined by �. . Employer. � -The evaluation will be 50 questions and score of 75% or above is considered passing. � -Eligibility af�er 1 year of service. 20 APPENDIX C POST EMPLOYMENT HEALTH CARE SAVINGS PLAN (HCSP) •CONTRIBUTION SCHEDULE FOR LELS MEMBERS HELD OPEN FOR ' FURTHER NEGOTIATION AND FUTURE SETTLEMENT '� �eg�-e�€ �'�c@� o., «�. - cn��� -�-i « Z n Z � +� '�0 =vc'cF;,.,, n0,(_ 1 0% r/ 0� ���,� ��cG�, ��c� Q�c% Q�ci z�� �nnFJ-�z�� - �i.-�rin6 pi i�c�czv"'nn�"'-rouc=6" �•,T-e„� c�o,( * t nno� ��--� �rvv°�a-�� 6'�H�2 ° H$c.�r�'@&�x�. o . ( �n nt rihu��'zvirv� �PVir��63���vi�- 0/ �4�Ei�te��~ �,,,,oie,..,+„a r;,.i.T r in r��n innoi �_�°�-A� ......�crucca�=�c c2�'� � , _- � 1 � 1 �� �i�i ciiiir� ° � `�' s�r�in�lisihl�f�r ����1 °�+0.7 Q:..L T .. D + - -- ----r--� --- ��--- -- ------ a---- --- -------'...__. ..,'_'_ ��.....� � »�...».. ?k�k�k TT,....,, ol;..;l.,;l;+.. .,#o,. �.o.,« 1 C Accelerated Sick Leave Severance Pavout The City of Shakopee appreciates employees, who through long-term service and dedication, ' contribute to making the city a successful and positive service provider. In recognition thereof, the City acknowledges such long-term service by providing an accelerated sick leave payout formula listed below if the employee meets all the following conditions: • Full-time or part-time benefit-eligible employee 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 percenta.ge of the severance pay-out shall be based on a maximum of 960 hours of accumulated sick leave calculated on the basis of the employee's current annual base pay. • The accelerated severance payment will be deposited in the employee's HCSP account not later than the first regularly scheduled payday following the employee's final day of employment. 21 Completion of Continuous Service ` With the Citv of Shakopee , Step-up Pavout fo�mula � � ;�. 15 years . � . 55% . '�t t r �", . ; �' 16 years . . _ . 57% . . years� ` , . 59% • . . : . � 18 yeazs 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. 22