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HomeMy WebLinkAbout10.A. Approval of 2014-2016 Patrol Officers ContractGeneral Business 10 A S� iAKOPEE A. TO: Mayor and City Council Mark McNeill, City Administrator FROM: Kris Wilson, Assistant City Administrator DATE: 03/04/2014 SUBJECT: Approval of 2014 -2016 Patrol Officers Contract (E) (Personnel) Action Sought The Council is asked to authorize the appropriate officials to enter into the attached labor agreement with Law Enforcement Labor Services (LELS), representing the City's 36 Police Officers. Background The current labor agreement with the City's patrol officers expired December 31, 2013. The City has held several negotiating sessions with representatives of the union to arrive at the attached contract. The negotiated contract includes the following: 1. A 3% general wage increase each year of the contract. This is identical to the general wage increase negotiated with the City's other two union groups. 2. A $25 increase in the uniform allowance in 2014 and 2016. The current uniform allowance is $825 per year. This will bring it up to $850 for calendar years 2014 and 2015 and to $875 for calendar year 2016. 3. A trading of the Good Friday holiday for Easter as a holiday. 4. The extension of special duty pay currently awarded to the Crime Prevention Officer to also include those assigned to the Street Crimes Unit. This is a shift differential of $140 per month. 5. A realignment of the Performance Pay System and a renaming of the program to Incentive Pay. These changes include: a) An increase in the monthly amount for Fitness -- from $40 to $60 in exchange for meeting the Cooper Fitness Standards. b) The addition of a Foreign Language Component, providing $60 per month to those that can pass a test demonstrating conversational speaking skills in a language other than English that has a presence in the community. c) An increase in the monthly amount paid to those with a Master's Degree from $30 to $60 per month. d) The elimination of the Skills Assessment and Performance Review components of the system and the addition of the dollar amounts formerly paid for these components into the base wage. 6. A one -time, 30 -day open enrollment period to allow current employees to select between Longevity Pay and Incentive Pay plans. That selection will then be binding for the duration of their employment in the bargaining unit. New hires will have up to one year to make a selection between the two plans and that selection will be binding for the duration of their employment in the bargaining unit. Budget Impact Funding for a 3% wage increase is available within the adopted 2014 budget for the Police Department and will need to be planned for in the 2015 and 2016 budgets. Recommendation The City Administrator and I recommend ratification of the negotiated contract as it represents a fair and reasonable deal for the City and our employees. Relationship to Vision Fair wages and benefits are essential to attracting and retaining well qualified employees. Therefore this item contributes to Goal E: Deliver effective and efficient services by a staff of well- trained, caring and professional employees. Requested Action The Council is asked to authorize the appropriate officials to enter into the attached labor agreement with Law Enforcement Labor Services, on behalf of the City's Police Officers. Attachments: 2014 -16 Patrol Officer Contract LABOR AGREEMENT BETWEEN THE CITY OF SHAKOPEE AND LAW ENFORCEMENT LABOR SERVICES, INC. Police Officers Effective January 1, 2014 — December 31, 20163 1 1 1 ARTICLE PAGE 1. PURPOSE OF AGREEMENT .......................... ............................... 4 2. RECOGNITION .................................................. ............................... 4 3. DEFINITIONS ................................................... ............................... 4 4. EMPLOYER SECURITY ................................. ............................... 5 5. EMPLOYER AUTHORITY .............................. ............................... 5 6. UNION SECURITY ............................................ ............................... 6 7. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE ........................ 6 8. SAVINGS CLAUSE ............................................... ............................... 8 9. SENIORITY ............................................................. ............................... 8 10. DISCIPLINE .............................................................. ............................... 9 11. CONSTITUTIONAL PROTECTION ...................... ............................... 10 12. WORK SCHEDULE ................................................. ............................... 10 13. OVERTIME ................................................................ ............................... 10 14. COMP TIME ................................... ............................... 10 15. COURT TIME ........................................................... ............................... 11 16. CALL BACK TIME .................................................. ............................... 11 17. WORKING OUT CLASSIFICATION ...................... ............................... 11 18. INSURANCE .............................................................. ............................... 11 19. POST EMPLOYMENT HEALTH CARE SAVINGS PLAN .......................... 11 20. STANDBY ................................................................ ............................... 11 21. UNIFORMS ................................................................ ............................... 12 22. LONGEVITY .............................................................. ............................... 12 2 INDEX ARTICLE 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. WAIVER ........................................................................ ............................... 14 33. DURATION .................................................................. ............................... 14 APPENDIX A - WAGES .............................................. ............................... 16 APPENDIX B - PERFORMANCE PAY SYSTEM ... ............................... 17 APPENDIX C - POST EMPLOYMENT HEALTH SAVINGS PLAN 20 3 LABOR AGREEMENT BETWEEN THE CITY OF SHAKOPEE AND LAW ENFORCEMENT LABOR SERVICES, INC. ARTICLE L. PURPOSE OF AGREEMENT This agreement is entered into as of January 1, 20142012, 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 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 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 3. 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. 4 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 authorizatioikof the Employer in excess of the employee's scheduled shift. 3.12 SCHEDULED SHIFT: A consecutive wor period including rest breaks and a lunch break. 3.13 REST BREAKS: Periods during the Scheduled Shift, during which the erployee remains on continual duty and is responsible for assigned duties 3.14 STRIKE: Concerted action in faifmgrto report for dutyzthe 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 I a change in the °conditions or compensations or the rights, privileges or obligations of employment. aw } ARTICLE 4. EMPLOYER SECURITY The Uniort agrees` that during the, life of this - Agreement that the Union will not cause, encourage, participaWia or support any strike, slow -down or other interruption of or interference with, the normal functions of the Em' o er. P t Y 5.1 The Employer retains the full and unrestricted right to operate and manage all manpower, facilities and equipment; t"destablish functions and programs; to set and amend budgets; to determine the utilization f 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 6. 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 notice(s) and announcement(s). 6.4 The Union agrees to indemnify and hold the suits, orders, judgments brought or issued aE or not taken by the Employer under the pro 7.1 Definition of a Grievance. A levance is interpretation or application of the.-9pecW< terms board for posting Union B� toyer harmless against any and all claims, the Employed as a result of any action taken of this Article ROCEDURE r Ar as i dispute or disagreement as to the and conditions of this Agreement. 7.2 Union Representatives. The Employer will reeo iiize Representatives designated by the Union as the grievance representatives of the bargaining unithaving the duties and 11, responsibilities stab fished by this Article. T1i Umori shall notify the Employer, in writing, of the names of such Union Representatives and of their siccessors when so designated, as provided by Sectioi 6.2 of thil Agreement' 7.3 Processing of a, ievarice 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 employeeand 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 tle`designated supervisor, who has determined that such absence is reasonable and would Tiof 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. Std An employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty -one (2 1) 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 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 representatiYe.� The Employer- desigriatedrepresentative 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 riot appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considere&waived. Step 4 A grievance ur resolvecicin Step 3 and appealed to Step,,, by the Union may be submitted to the Minnes'o'ta-Bureau of Mediation` Services for mediation or to arbitration within ten (10) calendar days;following`the Employer-designated representative's final Step 3 answer 4-;, �If the grievance iiAsubm tted to mediation and not resolved, it may be appealed to, arbitration` within teri, 10 calendar days following the Employer - designated representative"§11hal Step answer. 4 Ste (5, A grievance unresolved' =xin, 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 th4kPurea 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 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 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 f6rih above, it shall be considered "waived ". If a grievance is not appealed to the nextstep 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 Remedv' If, as a result of the written Employer' response in Step3; the grievance remains unresolved and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationar period; theegrievance m be appealed to either Step 5 of Article VII or a �ocedure such as: Civil Service, Veteran's Preference or Fair Employment. 1. 4 pealed t &any procedure otli r than Step 5 of Article VII, the grievance is not subject to the bitration procedure as provided in Step 5 of Article VII. The aggrieved employee shall indicate in whiting which procedure is to be utilized, Step 4 of Article VII or another appeal procedure and�shallsign a statement to the effect that the choice of any other hearing precludes the aggeeved 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 8.. SAVINGS CLAUSE This Agreement is subject toall 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 9. 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 assinmentpreference 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 1St of each year. ARTICLE 10. DISCIPLINE n 10.1 The Employer will disci p line a to ees for just cause 'only. Disci p line will be in one or more of the following forms: h a) oral reprimand b) written reprimand' -,` "m,# C) sus pension;t `> d) demotion, or r e) ,discharge. ry 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 ari eployee'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 sunervisiorro�ti e:F.mnlnvPr 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. W ARTICLE 11.. CONSTITUTIONAL PROTECTION 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) holidays; c assigned trainin g; and Y, d) authorized leave time.R{ y 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 r ` 13.1 Employees will W. compensated at one..and one.;-half (] 1/2) tines the employees regular base $1 1 pay rate for hours worked„ excess oftheQemp ayees regularly scheduled shift. Changes of shifts do not qualify an employee for overtime under this Article. 13.2 Overtime,will be distr buted I e 1 as practicable. 13.3 Overtime refused by employees will, for record purposes under Article 13.2, be considered as unpaid overtime worked. xs 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. NK 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 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. IN ARTICLE 15. 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. 3 ARTICLE 16.. CALL BACK TIME An employee who is called to duty during his or_lfer 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 IT. WORKING OF CLASSIFICATION � Employees assigned by to 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; `dam :�k rvk, keyp x ARTICLE`4 8421NSURANCE Police employees coveredlri*r 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 lb that of non - contract employees. 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 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. UNIFORMS Employees will be paid a uniform allowance during January of each year. The allowance will be eight hundred fifty dollars ($850) in 2014 and 2015 and eight hundred seventy -five dollars ($875) in 2016. t, ea, y r;.,e dell fs ($825) for- ,.,,lendar year 2012 and 2013. ARTICLE 22. LONGEVITY 22.1 Active employees as of January 1, 2014 shall have 30 -days from the date this contract is signed to make a one -time selection between the Longevity PU Plan outlined below and the Incentive Pay Plan outlined in Appendix B of this contract. Once an employee exercises this one -time option, his or her selection shall be binding for the duration of employment in this bargaininiz unit. There shall be no ability to switch to the other plan once a selection has been made. New hires after January 1, 2014 shall have one -year from their date of hire to make a one -time selection between the Longevity Plan and the Incentive Pay Plan, and that selection shall be binding for the duration of their employment in this bargaining unit. If an employee accepts compensation under the Incentive Pay Plan at any time prior to the one -year anniversary of their date of hire, their one -time selection shall be deemed to have been made and there shall be no ability to switch to the other plan. 22.2 The fbUewingLongevity Pay Plan shall consist of the following: wil- be 4r eff e4: 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. ARTICLE 23. HOLIDAYS 23.1 All permanent employees and full -time probationary employees shall be eligible for ninety - six hours of holiday pay (12 paid holidays). 23.2 Any employee required to work on any of the following listed twelve (12) 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 7. First Monday in September 2. Third Monday in January 8. November 11th 12 3. Third Monday in February 9. Fourth Thursday in November 4. Rid" befere Easter Sunday 10. Fourth Friday in November 5. Last Monday in May 11. December 24th 6. July 4t' 12. December 25a' 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 holiday pay on a pro -rated basis. ARTICLE 24. VACATIONS. M .k ,. 24.1 Employees shall earn vacation as follows: 0 - 5 years of service 80 hours per year 6 - 10 years of service 120 hours per year 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 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. 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 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. ARTICLE 26. BEREAVEMENT LEAVE 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. 13 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 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. 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 days, in accordance with guidelines set forth in M.S. 176.021, Subd. 5, beginning with the sixth (6th) working day of such injury. Such time shall not be charged against the employee's sick leave, vacation or other accumulated benefits. ARTICLE 29 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 30. 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 31 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 32 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 14 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 33 DURATION This agreement shall be effective as of the first (1st) day of January, 20142012 and shall remain in full effect until the thirty-first (31st) day of December, 2016 2013. 15 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of , 2014204-2. FOR THE CITY OF SHAKOPEE Mayor City Administrator City Clerk 16 LAW ENFORCEMENT LABOR SERVICES, INC., LOCAL NO. 292 Union Steward Union Steward LELS Business Agent APPENDIX A WAGES 3% Wage Increase -- effective Dec. 30, 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 $4,528.61 $4,906.00 $5,283.38 $5,660.76 $6,038.15 Hourly $26.13 $28.30 $30.48 $32.66 $34.84 3% Wage Increase -- effective Jan. 1, 2015 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 $4,664.47 $5,053.18 $5,441.88 $5,830.59 $6,219.29 Hourly $26.91 $29.15 $31.40 $33.64 $35.88 3% Wage Increase -- effective Jan. 1, 2016 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 $4,804.40 $5,204.77 $5,605.14 $6,005.50 $6,405.87 Hourly $27.72 $30.03 $32.34 $34.65 $36.96 The employer agrees to pay a shift differential of twe hundred and f dollars ($240) pe month in 7nirrz 'vex i two hundred and eighty dollars ($280) per month in 2013 o 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 en,e' und. °a flitiety dollars- ($190) per- month in 4 2 ,,.,a two hundred and twenty dollars ($220) per monthin 2013, for the nine - months that school is in session. Employees assigned by the employer to the Street Crimes Task Force or to the position of Crime Prevention Officer, shall receive a shift differential of one hundred and twenty dellafs ($120) pef month in 2012 a one hundred and forty dollars ($140) per month for the duration of the assignment. 17 APPENDIX B INCENTIVE PAY SYSTEM Employees selecting the Incentive Pay Plan may earn additional compensation based on the following criteria: B.1 Education/Traininu (up to $180 /month or $2,160 year) Bachelor's Degree. Employees with a Bachelor's degree in a job- related field shall receive sixty dollars ($60) per month. (Eligible upon hire.) 2. Master's Degree. Employees with a Master's degree in a job- related field shall receive an additional sixty dollars ($60) per month in addition to what is received for having a Bachelor's degree. (Eligible upon hire) 3. Continuing Education / Training. Employee annually completing one of the following shall receive an additional sixty dollars ($60) per month. (Eligible after 2 years of service.) (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. Din w72 ,�� 18 B. 2 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 3 years of service. B.4 Fitness ($60 /month or $720 /year) Cardio ($30 /month) - tested by a 1.5 mile run 2. Core Strength ($15 /month) - # of sit -ups completed in 1 minute 3. Upper -Body Strength ($15 /month) - # of push -ups completed in 1 minute The tests will be administered according to the Cooper Fitness Standards for Law Enforcement. Employees must score at or above the 50th percentile for their age and gender in order to receive the incentive pay. The assessment will be offered twice a year at roughly six month intervals. Employees successfully completing the first assessment offered for the year shall receive fitness pay for the following twelve months and do not need to re -test during that time. 19 Employees that do not successfully complete the assessment the first time it is offered may request to retest roughly six months after the initial test. Employees successfully completing the assessment the second time it is offered will receive fitness pay for the following six - months and must re -test again after that time. Employees that successfully complete one or two components during the first testing session and wish to try or re -try the remaining component(s) at the six -month point will be given the opportunity to do so. Eligibility after 1 year of service. 20 B. 4 Foreisn Lan2ua2e Skills ($60 /month / $720 /year) Employees shall take a speaking exam through Language Testing International, or a mutually approved equivalent testing service. This is a 30 minute over -the -phone test, the cost of which will be paid by the City. To qualify for incentive pay, employees must score at the Advanced Level on the current ACTFL Proficiency scale. Employees must successfully re -test once every two -years in order to maintain eligibility for the incentive pay. Eligible foreign languages are those having a recognized presence in the community, as noted by the Shakopee Public Schools records of languages spoken in student's homes. American Sign Language shall be an eligible language for the purposes of this component. Sign language proficiency shall be measured by the American Sign Language Proficiency Interview offered through Galluadet University, or a mutally approved equivalent testing service. Employees must score at or above Proficiency Level 3, and successfully re -test once every two- years. Eligibility immediately upon hire. The evaltt4ien will be 5 0 questions and seere of 75,94o or ab. eensidefed r 21 Mm .. s The evaltt4ien will be 5 0 questions and seere of 75,94o or ab. eensidefed r 21 APPENDIX C POST EMPLOYMENT HEALTH CARE SAVINGS PLAN (HCSP) CONTRIBUTION SCHEDULE FOR LELS MEMBERS Years of Service with Hire - Beginning 2nd Beginning 16th Beginning of City of Shaklee ygar 1 year - 15 years year -30 years 31 st year % of per payroll contribution 0% 1% Q� 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) POO ., 4 Contribution of None None 50% ` •M.I,, , 100% Accrued Vacation i Accelerated Sick Leave N% N /A 100% of 100% of Severance Payout * * *' ', ' Step -up Step -up Formula Formula *Upon eligibility after year 5 ** For employees who are ineligible for Accelerated Sick Leave Payout * ** Upon eligibilityyafter 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 theage (usually age 55, as governed by Minnesota Statutes, 2004, 353.29 and related chapters) and service requirements to be qualified for retirement under # h 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% 22 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. �r x� Aq zm +a, Y },yp use gi x S� i!c�yH 2 ay ` v yet„ 23