HomeMy WebLinkAbout5I - 2009 LELS Labor Agreement
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
MEETING DATE: September 8,2009
AGENDA #: 51
PREPARED BY: Kelly Meyer, Assistant City Manager
AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION RATIFYING THE 2009
COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF
PRIOR LAKE AND LAW ENFORCEMENT LABOR SERVICES, INC.
(LELS), LOCAL NO.1 00.
DISCUSSION: Historv: The Law Enforcement Labor Services, Inc. (LELS) bargaining unit
representing 18 employees (patrol officers) has been in existence at the
City for over 20 years. The existing labor agreement was a three-year
contract expiring December 31, 2008. The negotiation process for 2009
and beyond began in December 2008 when LELS submitted their proposal.
The bargaining team representing LELS included Jon McHaney, Duane
Goldammer, and Business Agent Jack Chambers. Negotiating on behalf of
the City were myself and City Attorney Joe Schmitt. We held six bargaining
sessions to negotiate the proposed collective bargaining agreement to
address wages and conditions of employment in accordance with the
Public Employee Labor Relations Act (PELRA).
Current Circumstances: From the City's perspective, the primary
objectives in the negotiations were to (1) achieve an agreement which is
reasonable economically given the market and promote transparency in
compensation; (2) enter into as long a contract as possible in order to
promote labor and management stability, and (3) maintain as much
consistency as possible between employee groups.
Conclusion: With these objectives in mind, staff believes that LELS and
the City have negotiated the terms of this contract in good faith, and that
the proposed labor agreement achieves some of the City's objectives listed
above.
ISSUES:
Shown below is a summary of the proposed labor agreement with LELS. A
complete copy of the Labor Agreement is available in my office for your
review.
www.cityofpriorlake.com
R:\COUNCIL\2009 AGENDA REPORTS\00'bs>~L~~1~6f)~lioRlCVlNMi~ 7.4245
ProDosed Amendments to the Aareement:
Duration: One year term (Jan. 1,2009- Dec. 31,2009).
Wage Adjustments:
2009 - 3.00%
Health Insurance 2009 - +$33 per month ($850)
Inc *Premiums for Single Coverage are 100% paid
rea by the City. $850 is consistent with other
se employee groups who are settled for 2009.
for
Family Coverage:
Education Incentive
Language added that eliminates eligibility for
education incentive pay for anyone hired after
12/31/08.
Language added eliminates tuition
reimbursement for Master degree or higher level
course work for all members after 12/3109.
Clothing Allowance changed to $861 per year
per officer based on CPI adjustments and
existil'lg contract language.
Tuition Reimbursement
Clothing Allowance
(Article 17.1)
Term: The contract proposed is for a 1 year term for 2009 rather than a
3 year term which has been typical. Given the economic climate and the
funding shortfalls being realized in Prior Lake and across local and state
governments in 2009 and projected in 2010, we were unable to come to
agreement beyond a 1 year term. At this time, because many cities are
facing some of the same budgetary issues, there isn't consistent market
data available on which to base wage increases for future years. This
same challenge will likely face both the City and the union in negotiations
for 2010 and 2011.
Waaes: Like other businesses, public and private, the impact of current
economic downturn has affected Prior Lake as well. Over the last two
years, the City has implemented expenditure reductions, eliminated
personnel by layoff, and eliminated non-essential overtime. For the
foreseeable future it appears that the City will need to continue to look for
additional cost-saving measures for 2010 and 2011. After reviewing the
comparison data for total compensation in other metro area police
departments, the staff recommended that in order to control the City's cost
and make patrol officer pay more transparent and consistent with the
market, one or more of the forms of additional layers of incentive pay
should be eliminated. The Council also wanted to see a wage adjustment
that was reflective of what the taxpayer could bear in a stressed economy
and provided direction that without significant concessions related to
incentive pay, the City should seek a wage freeze for unsettled groups for
2009. They further directed that a wage freeze should also be sought for
2010.
The agreement reached achieves concessions in education incentive pay
and tuition reimbursement in exchange for a 3% cost of living increase.
R:\COUNCIL\2009 AGENDA REPORTS\09 08 09\LELS CONTRACT REPORT FINAL.DOC
FISCAL IMPACT:
CONCLUSION:
ALTERNATIVES:
RECOMMENDED
MOTION:
This increase is 0.5% higher than the cost of living adjustment paid to
unrepresented and AFSCME employees for 2009.
Health Insurance: For City contributions to employee family health
insurance premiums, the 2008-2010 AFSCME Labor Agreement has set
the standard for insurance benefit for year 2009. Because the City's
objective is to maintain as much equity as possible across employee
groups with respect to benefits and their administration, the same health
insurance benefit is proposed in the LELS Labor Agreement.
Unrepresented employees received the same as well.
Education Incentive Pav and Tuition Reimbursement: Adjustments to
education incentive pay include eliminating this type of additional
compensation for any employee hired after 12/31/08. The contract also
eliminates any tuition reimbursement for Masters or higher level course
work for all employees after 12/31/09.
The 2009 General Fund Operating budget contemplated a 2.5% increase
based upon the community of interest at the time the 2009 budget was
prepared. This contract is 0.5% above the budgeted dollars. Because the
City has made significant expenditure reductions in its 2009 budget,
funding is available to administer the contract.
Labor agreements typically do not provide complete satisfaction to either
party. There were additional provisions proposed by both parties where we
did not reach agreement. This agreement represents an equitable
conclusion of bargaining to meet the needs of both parties. LELS Local
100 has voted and executed the 2009 labor agreement and it is presented
for Council action.
The City Council has the following alternatives:
1. Approve the Resolution ratifying the Labor Agreement for January 1,
2009 - December 31,2009.
2. Deny the Resolution.
3. Adjourn into closed session to discuss the proposed changes.
Alternative #1 - Motion and Second to Approve the Resolution Ratifying the
2009 Labor Agreement between the City of Prior Lake and Law
Enforcement Labor Services, Inc., Local 100, and authorizing the Mayor
and City Manager to execute the Labor Agreement.
R:ICOUNCIL\2009 AGENDA REPORTSI09 08 091LELS CONTRACT REPORT FINAL.DOC
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
RESOLUTION 09-XX
A RESOLUTION RATIFYING THE 2009 LABOR AGREEMENT
BETWEEN THE CITY OF PRIOR LAKE AND LAW ENFORCEMENT
LABOR SERVICES, INC. LOCAL 100.
Motion By:
Second By:
WHEREAS,
the Public Employees Labor Relations Act as amended requires that the City negotiate
with the exclusive bargaining representative for groups of essential and non-essential
employees; and
WHEREAS,
Law Enforcement Labor Services, Inc. represents Prior Lake Patrol Officers and
Detective; and
WHEREAS,
the parties have negotiated in good faith, which negotiations have resulted in an
Agreement for 2009; and
WHEREAS,
the employees who make up the Law Enforcement Labor Services bargaining unit
ratified said Agreement; and
WHEREAS,
the Agreement becomes effective retroactive to January 1, 2009.
Now THEREFORE, be it resolved by the City Council of the City of Prior Lake that:
1. The above recitals are incorporated herein by reference.
2. The Agreement between the City of Prior Lake and Law Enforcement Labor Services, Inc.,
January 1, 2009 through December 31, 2009, is hereby ratified.
3. The Mayor and City Manager are hereby authorized to execute the above referenced
Agreement on behalf of the City.
PASSED AND ADOPTED THIS 8TH DAY OF SEPTEMBER, 2009.
YES
NO
I Haugen
I Erickson
I Hedber~
I LeMair
I Millar
Haugen
Erickson
Hedberg
LeMair
Millar
City Manager, City of Prior Lake
www.cityofpriorlake.com
Phone 952.447.9800 / Fax 952.447.4245
LABOR AGREEMENT
CITY OF PRIOR LAKE, MINNESOTA
and
LAW ENFORCEMENT LABOR SERVICES, INC.
(LOCAL NO. 100)
Contract Term
January 1,2009 through December 31,2009
ARTICLE 1: PURPOSE OF AGREEMENT
The Agreement is entered into between the CITY OF PRIOR LAKE (hereinafter called the EMPLOYER), and 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 the interpretation of this Agreement and/or its
application; and
1.2 Place in written form the parties agreement upon terms and conditions of employment for the duration of this
Agreement; and
1.3 The EMPLOYER and the UNION through this Agreement shall continue their dedication to the highest quality
police service and protection to the residents of the City of Prior Lake. Both parties recognize this Agreement as
a pledge of this dedication.
ARTICLE 2: RECOGNITION
2.1 The EMPLOYER recognizes the UNION as the exclusive representative, under Minnesota Statutes, Section
179A.03, Subd. 7, for all Employees of the Prior Lake Police Department who are employed more than fourteen
(14) hours per week, and more than one hundred (100) work days per year, excluding the Chief, supervisory
and confidential employees.
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 The terms used in this Agreement shall be defined as follows:
A) DEPARTMENT: The Prior Lake Police Department.
B) EMPLOYEE: A member of the exclusively recognized bargaining unit.
e) EMPLOYER: City of Prior Lake.
D) OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of the Employee's
scheduled shift.
E) PROBATIONARY EMPLOYEE: An employee with less than one year of continuous service.
F) SCHEDULED SHIFT: A consecutive hour scheduled work period including two rest breaks and a lunch break.
G) UN lOt:!: Law Enforcement Labor Services, Inc.
H) UNION MEMBER: A member of Law Enforcement Labor Services, Inc. (Local 1 00).
1) UNION OFFICER: Officer elected or appointed by Law Enforcement Labor Services, Inc., (Local No.1 00).
J) BASE PAY: Base Pay shall mean the rate of pay negotiated under Article 19.
K) SALARY: The cumulative of base pay plus any additional percentage pay received including longevity,
education incentive, or additional pay received under Article 16.1 (B).
L) SHIFT EMPLOYEE: Patrol officers regularly scheduled to work a rotating shift.
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ARTICLE 4: EMPLOYER SECURITY
4.1 The UNION agrees that during the life of this Agreement it 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 sole right to operate and manage all manpower, facilities, and equipment in
accordance with applicable laws and regulations of appropriate authorities.
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 6: 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 remitted 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 the posting of 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 or
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 Definition of a Grievance: A grievance is defined as a dispute or disagreement as to the application or
interpretation of the specific terms and conditions of this Agreement.
7.2 UNION Reoresentatives: The EMPLOYER shall recognize representatives designated by the UNION as the
grievance representatives of the bargaining unit having the duties and responsibilities established by this
Article.
7.3 The UNION shall notify the EMPLOYER in writing of the names of such UNION Representatives and their
successors when so designated as provided by Article 6.2 of this Agreement.
7.4 Processina 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
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approval of the designated supervisor who has determined that such absence is reasonable and would not be
detrimental to their work for the EMPLOYER.
7.5 Procedure: Grievances, as defined in Section 7.1, shall be resolved in conformance with the following
procedure:
Step 1: An Employee claiming a violation conceming 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 to 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 representatives
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 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar
days following the EMPLOYER designated 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 representatives final answer. If Step 4 is not appealed by
the UNION within ten (10) calendar days it 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 from a list of five (5) arbitrators provided by the
Director of the Bureau of Mediation Services, tossing a coin to decide who strikes first, and alternately
striking names off of the list.
7.6 Arbitrator's Authoritv:
(A) The Arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms
and conditions 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 the 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.
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(C) The fees and expenses for the Arbitrators services and proceedings shall be borne equally by the
EMPLOYER and the UNION provided 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, provided it pays for the record. If both parties desire a verbatim
record of the proceedings the costs shall be shared equally.
7.7 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.
7.8 Choice of Remedv: If, as a result of the written EMPLOYER'S response in Step 3, the grievance remains
unresolved, and the grievance involves the suspension, demotion, or discharge of an Employee who has
completed the required probationary period, the grievance may be appealed either to Step 4 of Article 7 or a
procedure such as Civil Service, Veteran's Preference, or the Fair Employment Act. If appealed to any
procedure other than Step 4 of Article 7, the grievance is not subject to the arbitration procedure as provided in
Step 4 of Article 7. The aggrieved employee shall indicate in writing which procedure is to be utilized, Step 4 of
Article 7 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 7. 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
8.1 This Agreement is subject to the laws of the United States, the State of Minnesota and the City of Prior Lake. In
the event any provisions 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 this 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 An employee under the provisions of this Agreement shall serve a probationary period of twelve (12) months of
continuous service in the police department during which time the EMPLOYER shall have the unqualified right
to discharge such employee who shall have no recourse to the grievance procedure. The probationary
employee, however, shall have the right to bring a grievance on any other provision of the contract alleged to
have been violated.
In addition to the initial probationary period, any employee transferred or promoted to a different classification
shall serve a new probationary period of twelve (12) calendar months in any such new classification. During this
probationary period, if the EMPLOYER determines that the employee's performance in the new classification is
unsatisfactory, then the EMPLOYER shall have the unqualified right to reassign the employee to the former
classification.
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9.2 Seniority shall be determined by the Employee's length of continuous employment with the Police Department
and posted in an appropriate location. A seniority roster may be maintained by the Chief on the basis of time in
grade and time within specific classifications.
9.3 A reduction of the work force shall 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 within two (2)
years of the time of his/her layoff before any new employee is hired. Any Employee on layoff who is notified by
registered mail to return to work and fails to do so within twelve (12) working days shall be considered to have
voluntarily terminated employment with the EMPLOYER.
9.4 One continuous vacation period shall be selected on the basis of seniority until March 15 of each calendar year.
9.5 Seniority shall prevail. Senior qualified Employees shall have the first preference on the job. Senior Employees
will be given preference in regards to transfer, job classification assignments and promotions when job relevant
qualifications of Employees are equal.
ARTICLE 10: WORK SCHEDULE
10.1 The normal work year is two thousand eighty (2,080) hours to be accounted for by each employee through:
a. hours work on assigned shifts
b. assigned training
c. authorized leave time.
10.2 Nothing contained in this or any other article shall be interpreted to be a guarantee of a minimum or maximum
number of hours the EMPLOYER may assign employees.
ARTICLE 11: DISCIPLINE
11.1 The EMPLOYER will discipline employees for just cause only. Discipline will be in one of the following forms:
· oral reprimand
· written reprimand
· suspension
· demotion
· discharge
11.2 Suspensions, demotions, and discharges will be in written form.
11.3 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 signature of the Employee. Employees and the UNION shall
receive a copy of such reprimands and/or notices.
11.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of
the EMPLOYER.
11.5 Discharges shall be preceded by a five (5) day suspension without pay.
11.6 Employees shall not be questioned conceming an investigation of disciplinary action unless the Employee has
been given an opportunity to have a UNION representative present at such questioning.
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11.7 The EMPLOYER will not discipline an Employee if civilians or other Employees are present, other than the
UNION steward, the Employee's designated UNION representative or supervisory personnel. This shall not be
deemed to apply to the issuance of work instructions or discussions held during departmental meetings.
11.8 Grievances relating to this Article shall be initiated by the UNION in Step 3 of the grievance procedure under
Article 7.
ARTICLE 12: CONSTITUTIONAL PROTECTION
12.1 Employees shall have the rights granted to all citizens by the United States and the Minnesota State
Constitutions.
ARTICLE 13: OVERTIME
13.1 Employees shall be compensated at one and one-half (1 1/2) times the Employee's regular salary rate for all
hours worked in excess of the Employee's regularly scheduled shift. Changes of shift do not qualify an
Employee for overtime under this Article.
13.2 Overtime Assionments:
(A) The EMPLOYER retains its full authority to determine if duties will be completed by overtime
assignment and the nature of such assignments.
Overtime will be distributed on a volunteer basis to the most senior officer. If the EMPLOYER
determines to fill the shift, then it shall be filled to determine the availability of the most senior officer
according to the following procedure. An offer of an overtime assignment will be made in sequential
order from the most senior to the least senior qualified individual. For purposes of this section, the
word "qualified" means an employee who has successfully completed the Field Training Officer
program. For purposes of assigning contract overtime work, the word, "qualified" shall include all
sergeants/supervisors. If no one wants to work it, the overtime shall be assigned to the junior qualified
employee. This provision shall not apply if the employee has not had at least twelve (12) hours off
duty.
(B) Individuals contacted for overtime duties shall respond to the contact immediately, and in no event
later than ten (10) minutes after the contact is made. Failure to respond will be considered a rejection.
In the event of unforeseeable circumstances or exigent circumstances which reasonably require an
employee to immediately respond, then the EMPLOYER may assign duties to an employee without
regard to section 13.2.
13.3 Overtime refused by Employees will for record purposes under Article 13.2 be considered as unpaid overtime
worked.
13.4 Overtime will be calculated to the nearest fifteen (15) minutes.
13.5 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided,
compounded or paid twice for the same hours worked.
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13.6 The EMPLOYER shall provide a minimum of twelve (12) hours off between scheduled shifts. If an Employee is
required to work with less than twelve (12) hours off between shifts, then he/she shall be paid at the time of one
and one-half (1 1/2) rate for all hours that are worked within the twelve (12) hour period, except when it is
mutually agreed by the EMPLOYER and the Employee to waive the overtime.
13.7 When prior approval has been obtained from the Police Chief an Employee may elect to receive overtime as
compensatory time off to be utilized within the same calendar year during which overtime has accrued. Any
unused compensatory time will be paid out in the second paycheck in December. Maximum compensatory time
accumulated shall not exceed thirty (30) hours.
13.8 Any shift altered by the EMPLOYER with less than fourteen (14) days notice, with the exception of training,
shall be compensated at the rate of time and one-half (1 1/2) for all hours worked outside of the Employee's
normal shift.
ARTICLE 14: COURT TIME
14.1 An Employee who is required to appear in Court during scheduled off-duty time shall receive a minimum of
three (3) hours pay at one and one-half (11/2) times the Employee's salary rate. An extension or early report to
a regularly scheduled shift for Court appearance does not qualify the Employee for the three (3) hour minimum.
Cancellation with less than twenty-four (24) hours notice shall result in the minimum being paid.
14.2 In the event an Employee is subpoenaed to testify in private party litigation in a capacity other than that of an
expert witness regarding an incident that has occurred within the scope of employment for the City of Prior Lake
involving facts which the Employee came to know while on duty as a police officer, then the Employee shall
receive court time pay in accordance with the requirements as set forth in 14.1. In addition, if the Employee
uses a personal vehicle, then the Employee may keep the mileage fee served with the subpoena.
ARTICLE 15: CALL BACK TIME
15.1 An Employee who is called back to duty during his scheduled off-duty time shall receive a minimum of two (2)
hours pay at one and one-half (1 1/2) times the Employee's salary rate. An extension or early report to a
regularly scheduled shift for duty does not qualify the Employee for the two (2) hour minimum.
ARTICLE 16: WORKING OUT OF CLASSIFICATION
16.1 Employees assigned the responsibilities of a higher position shall receive the differential for each full shift
assigned to that position by the EMPLOYER.
(A) A differential of fifty cents (50 cents) per hour shall be paid to each senior Employee when at least one
other police officer is working on that shift or a portion of that shift.
(B) Employees assigned to the duties of Investigator/Detective, School Liaison Officer, SMSC Liaison
Officer or K-9 Handler, shall receive an additional five percent (5%) of their base pay rate plus
longevity and education incentive pay, if any.
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ARTICLE 17: CLOTHING ALLOWANCE
17.1 Employees shall receive eight hundred sixty-one dollars ($861) per year for clothing and maintenance
allowance in 2009. This amount shall be adjusted each year by the percentage increase in the January to
January, Minneapolis-St. Paul Consumer Price Index as reported by the US Department of Labor Bureau of
Labor Statistics for the preceding year.
17.2 Fifty percent (50%) of the clothing allowance is to be paid in the first paycheck in June and the other fifty
percent (50%) shall be paid in the first paycheck in December.
17.3 Probationary employees in their first year of employment can draw up to one thousand dollars ($1,000.00) from
the EMPLOYER for uniforms, leather and equipment. In addition, after they have passed their probationary
period, they may draw against their uniform allowance.
17.4 The EMPLOYER shall provide a list of approved uniform items. Any items that are different, or are in addition to
the list of items that are currently required for present and new employees, shall be paid for by the EMPLOYER,
without deduction from the uniform allowance.
17.5 The EMPLOYER shall provide each Employee currently employed with a ballistic vest, side panel or an
extended coverage T-shirt style, and two covers. The vest will be replaced by the EMPLOYER every five years,
or when recommended by the vest manufacturer. The vest will be a minimum protection level of class II.
ARTICLE 18: HOLIDAYS
18.1 The EMPLOYER shall designate twelve (12) paid holidays at eight (8) hours per day or 96 hours per year.
18.2 Any holiday hours not taken by the Employee shall be resold to the EMPLOYER at the Employee's salary rate
during the first payroll in December.
18.3 Any Employee required to work on a-holiday as identified in Article 18.1, and subject to Article 18.4 herein, shall
be credited with an additional one-half (1/2) times his/her regular salary rate for all hours worked except any
hours which would be regular overtime hours per Article 13, overtime, which shall be paid as per Article 13
provides. Holiday premium pay shall be given for all hours of the shift including ten (10) hour shifts.
18.4 In instances where Christmas Day, the 4th of July, and New Year's Day fall on a Saturday or Sunday, shift
employees scheduled to work the actual holiday will be paid at 1 Y2 times their salary rate of pay for the shift
worked. No shift employee will be paid at the 1 Y2 times rate for the City-recognized holiday.
ARTICLE 19: BASE RATE OF PAY
See Appendix A.
ARTICLE 20: LONGEVITY PAY PLAN
Each employee shall receive longevity pay in addition to regular base pay plus education incentive and working out of
classification pay, if any as per the following schedule:
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Three percent (3%) after four (4) years of service.
Five percent (5%) after eight (8) years of service.
Seven percent (7%) after twelve (12) years of service.
Nine percent (9%) after sixteen (16) years of service.
ARTICLE 21 : VACATION LEAVE
21.1 Each Employee shall accrue paid vacation based upon the following schedule:
YEARS OF SERVICE
Start until 3 full years
Start of the 4th through the 9th year
Start on Oth through 14th year
Start of the 15th year
Start of the 16th year
Start of the 17th year
Start of the 18th year
Start of the 19th year and thereafter
DAYS ACCRUED PER YEAR
10 eight-hour days
(80 hours)
15 eight-hour days
(120 hours)
20 eight-hour days
(160 hours)
21 eight-hour days
(168 hours)
22 eight-hour days
(176 hours)
23 eight-hour days
(184 hours)
24 eight-hour days
(192 hours)
25 eight-hour days
(200 hours)
21.2 Probationary employees shall earn but cannot use vacation until after twelve (12) months of service.
21.3 The scheduled shifts that an Employee has scheduled off prior to, during and/or following the Employee's
vacation leave are included in the Employee's vacation "windows". During this time period, the EMPLOYER
shall not schedule the Employee for work unless the employee bids overtime hours in advance. This section
does not prevent the EMPLOYER from scheduling Employees to work a predetermined event in which all
Employees in the department would be required to work.
21.4 A regular full-time employee who has completed a minimum of three (3) years of continuous service shall be
allowed to carry over from one calendar year to the next one and one-half (1 1/2) times their accrued vacation
at the rate of accrual specified in Article 21.1.
21.5 A regular full-time Employee who has completed less than three (3) years of continuous service shall be
allowed to carry over from one calendar year to the next two (2) times their accrued vacation at the rate of
accrual specified in Article 21.1.
21.6 Personal Leave: Employees will be eligible for one personal day per year for 8 or 10 hours depending upon the
scheduled shift worked. The Employee must provide 2 days notice to the EMPLOYER prior to taking the
personal day. The personal day can be taken at the officer's discretion, provided that, at the time the personal
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leave day is approved, no more than two employees are on paid leave (sick, vacation, floating holiday and
training) at the same time. No accumulation or carry over of days can occur. No more than one employee can
take personal leave during a week.
ARTICLE 22: SICK LEAVE AND SEVERANCE PAY
22.1 Each Employee shall eam eight (8) hours of paid sick leave for each month of service.
22.2 Each Employee shall be allowed to accrue paid sick leave up to a maximum 960 hours. At their option
Employees who have accumulated at least 720 hours sick leave may buy back the sick leave hours in excess of
720 hours at their salary rate of pay. This option, once exercised by an Employee, shall continue until
termination of employment.
22.3 If an Employee uses more than two (2) consecutive scheduled shifts of sick leave, (either 10 hours or 8 hours
each), the EMPLOYER may require a doctor's slip as to the nature of the illness.
22.4 The EMPLOYER agrees to pay upon honorable termination of any Employee after five (5) years of service fifty
percent (50%) of the employee's accumulated unused sick leave at the Employee's current salary rate.
22.5 In addition to the monthly accumulation of sick leave mentioned above, each Employee shall accumulate
immediately upon employment, ninety (90) scheduled shifts (either 900 hours or 720 hours depending on the
employee's scheduled shift, i. e. 900 hours if 1 O-hour shift, 720 hours if an 8-hour shift at the time of the claim) of
sick leave to be used only for injuries incurred during the performance of assigned duties. Such leave with pay
shall be granted for any period of disability, provided that a doctor's certificate is filed with the City Manager
stating that the Employee is not able to return to work. Such leave with pay shall not exceed ninety (90)
scheduled shifts per injury. If the Employee is receiving Workers Compensation benefits for the disability, the
City will pay the difference between the Employee's Worker's Compensation benefits and the Employee's full
salary out of the accumulated and unused 90 scheduled shifts of injury on-duty sick leave. Such sick leave shall
not be used in computing severance benefits.
22.6 At the employee's request the EMPLOYER shall grant to the Employee up to ninety (90) scheduled shifts
(either 900 hours or 720 hours depending on the employee's scheduled shift, i.e. 900 hours if 10-hour shift, 720
hours if 8-hour shift at the time of the claim) of unpaid medical leave after sick leave and vacation have been
exhausted.
22.7 Any Employee that claims an absence from work due to an injury sustained on the job is subject to an
examination to be made and paid for by the EMPLOYER. Said examination shall be made by a person
competent to perform the same as designated by the EMPLOYER.
ARTICLE 23: HEALTH AND WELFARE
23.1 The EMPLOYER will select and provide group health insurance with benefits at the same level as presently
exists. The EMPLOYER will pay a sum not to exceed the monthly premium for individual and dependent
coverage as follows:
$850 per month for 2009
In the event premiums are increased beyond the maximum contribution paid by the EMPLOYER, such
increases shall be paid by the employee through payroll deduction.
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23.2 The EMPLOYER will select and provide group dental insurance with benefits substantially the same as
presently exist. The EMPLOYER will pay a sum not to exceed $40.00 per month for individual and dependent
coverage. In the event that premiums are increased beyond the maximum contribution paid by the EMPLOYER,
such increases shall be paid by the employee through payroll deduction.
23.3 The EMPLOYER will select and provide term life insurance in the total face amount of $50,000. The
EMPLOYER will pay a sum not to exceed $11.30 per month for the foregoing coverage. In the event the
premiums are increased beyond the maximum contribution provided by the EMPLOYER, such increase shall be
paid by the Employee through payroll deduction.
23.4 Retirement Health Savinas Plan.
Retirement Health Savings Plan is a health benefit savings vehicle that allows employees to accumulate assets
to pay for medical expenses (e.g. health insurance, co-pays, prescription expenses, etc.) on a tax-free basis.
The terms of the plan are governed by the Internal Revenue Code. To be eligible to participate in the plan,
union members must (1) complete 12 months of full-time service to the City, and (2) make mandatory employee
contributions in the amount of $17.50 per pay period. The employer will contribute $7.50 per pay period per
participating employee. This contribution is a reallocation of the City's funds programmed for long-term disability
insurance. As of January 1, 2006, paid long-term disability will no longer be an available benefit offered through
the City regardless of the employees choice whether or not to participate in Retirement Health Savings. Once
an employee elects to participate in Retirement Health Savings, he/she will not be able to discontinue
participation.
ARTICLE 24: EDUCATION INCENTIVE PAY PLAN
24.1 The EMPLOYER agrees to pay each Employee an additional percentage of his/her base pay plus working out
of classification and longevity pay, if any, for each year of college level education as part of the following
schedule after starting with the department:
Three percent (3%) for one (1) year.
Six percent (6%) for two (2) years.
Nine percent (9%) for three (3) years.
Twelve percent (12%) for four (4) years.
24.2 Employees hired after January 1, 2009 are not eligible for education incentive pay. The EMPLOYER agrees for
the purpose of definition of college level education in Article 24.1 above, to recognize a grade of "C" or "Pass"
from any institution of higher learning approved by the North Central Bureau of Accreditation.
24.3 Full-time employees shall be reimbursed for the cost of books and tuition for any successfully completed law
enforcement related college level course accredited by the North Central Bureau of Accreditation (to include the
social sciences and required electives) provided that the employee receives a grade of "C" or "Pass". Effective
December 31, 2009, this provision shall not apply to Masters or higher level course work. The employee shall
provide the EMPLOYER written notice of the employee's intent to enroll in a course by June 30th the year
preceding enrollment.
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ARTICLE 25: FUNERAL LEAVE
25.1 The EMPLOYER authorizes each employee funeral leave of three (3) days, should any member of his
immediate family pass away. Such funeral leave shall not be deducted from accumulated sick leave. For the
purpose of this Article immediate family shall mean the parents, children, brother, sister, brother-in-law, sister-
in-law and grandparents of the Employee and Employee's spouse. The EMPLOYER may grant additional time
off if the City Manager deems it necessary.
ARTICLE 26: STANDBY PAY
26.1 If the EMPLOYER requires any Employee to standby, the Employee shall receive one (1) hour pay for each two
(2) hours of such standby duty. The EMPLOYER shall notify any Employee on standby when said Employee is
no longer on such duty status.
ARTICLE 27: LEGAL PROTECTION
27.1 The EMPLOYER shall provide and pay for legal defense for any Employee who is charged with any alleged
wrongdoing within the scope of his/her employment. The EMPLOYER shall provide false arrest insurance in the
amount of $250,000 per person, $500,000 per occurrence and $1,000,000 per year.
ARTICLE 28: P.O.S.T. TRAINING
28.1 The EMPLOYER agrees to pay for all training required by the City at straight time pay for the hours of class
time. The EMPLOYER also agrees to pay license fees, meals, lodging, mileage, all reasonable expenses
incurred in maintaining the Employee's P.O.S.T. License. Additional schools, upon mutual agreement may be
attended by the Employee on his/her own time, with the EMPLOYER reimbursing for other costs.
ARTICLE 29: MAINTENANCE OF BENEFITS
29.1 All benefits currently enjoyed by these Employees and not changed or modified by this Agreement shall remain
in effect.
ARTICLE 30: VACATION COVERAGE
30.1 The parties agree that when Employees fill in for other Employees on vacation, the EMPLOYER will take into
consideration the shift that the Employee is currently on, the shift he/she is filling in for, and the effect on the
Employee's health and sleep schedule resulting from a shift change. For example, an Employee would not be
expected to change shifts in the middle of the week and back again to cover for an Employee on vacation. This
does not prevent the EMPLOYER from making shift changes in such cases due to an emergency, or an
unscheduled absence.
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ARTICLE 31: JURY DUTY
31.1 Leave shall be granted for service upon a jury. Compensation shall be at the Employee's regular salary rate of
pay provided that any stipend received from the Court is remitted to the EMPLOYER. Employees whose
scheduled shift is other than a day shift shall be reassigned to a day shift during the period of service upon a
jury. When not empaneled for actual service and only on call, the Employee shall report to work. If an Employee
is excused from jury duty prior to the end of the work shift, the Employee shall return to work as directed by the
EMPLOYER or make arrangements for a leave of absence.
ARTICLE 32: POLICY ON DRUG AND ALCOHOL TESTING
SEE APPENDIX B.
ARTICLE 33: DURATION
33.1 This Agreement shall be effective January 1, 2009 and shall remain in full force and effect until the 31 st day of
December 2009.
SIGNATURES:
CITY OF PRIOR LAKE, MINNESOTA
Dated:
LAW. ENFORC~E..N T LABOR SERVICES,
,,\NC. ",
\J~O, . L S.-~;tc.f-b9
c;::--.. -" --
-Jack Chambers, Business Agent
t1- dtJ-
/on McHaney, Union Steward
Dated: fJ. a r- 01
O~- /1.~
Duane GOlda~er:-\Jnion Steward
Jack Haugen, Mayor
Frank Boyles, City Manager
Dated
Dated: ~., 21:.-- D cr
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APPENDIX A: BASE RATE OF PAY
Effective January 1, 2009
2009
Start
After 12 months:
After 24 months:
After 36 months:
Monthly
$3,841
$4,711
$5,020
$5,348
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