HomeMy WebLinkAbout10C - 2006-2008 LELS Agreement
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
ISSUES:
CITY COUNCIL AGENDA REPORT
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
December 19, 2005
10C
Kelly Meyer, Assistant to the City Manager
CONSIDER APPROVAL OF A RESOLUTION RATIFYING THE 2006.2008 COLLECTIVE
BARGAINING AGREEMENT BETWEEN THE CITY OF PRIOR LAKE AND LAW
ENFORCEMENT LABOR SERVICES, INC. (LELS), LOCAL NO. 100.
Historv: The Law Enforcement Labor Services, Inc. (LELS) bargaining unit representing 17
employees (patrol officers) has been in existence at the City for many years. The existing labor
agreement was a three-year contract expiring December 31, 2005. The negotiation process for
2006 and beyond began in September of this year when LELS submitted their proposal. The
bargaining team representing LELS included Chris Olson, Mark Tabone, and Business Agent Jack
Chambers. Negotiating on behalf of the City were myself and City Attorney Joe Schmitt. We held
three 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) develop a long-term agreement which will provide some level of ongoing labor peace;
(2) achieve an agreement which is reasonable economically and prudent from a language
perspective, and (3) maintain as much consistency as possible between employee groups.
Developing a 3-year agreement is beneficial because there is a longer period of contract stability
within the City's employee groups. In addition, when the City negotiates fewer contracts overall, we
save the staff time and resources that are typically expended during the negotiation process. State
statute limits the maximum contract term for labor agreements to 3 years.
When reviewing conditions of employment and economic feasibility, the City compares wages,
benefits and fiscal health to those of similar communities, as well as to the Mpls/St. Paul Consumer
Price Index. We also review any legislative changes and housekeeping items that may affect
contract language. Lastly, the City reviews contract language to identify where existing provisions
may need clarified, or where additional language is needed in anticipation of future trends or
programs.
Lastly, the City strives to maintain as much equity across employee groups as possible, both with
respect to wages and benefits, and policy. This objective is not only beneficial to the employee
groups from a fairness standard, but allows for much more efficient administration of the contracts,
saving City dollars attributed to staff time.
Conclusion: Staff believes that LELS and the City have negotiated the terms of this contract in
good faith, and that the proposed labor agreement meets the primary objectives listed above.
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
H:IASSTCM\PERSONNEL\UNIONS\LELS\20MA~~g~.~T\90fJ~fl~ij~Py~~~gT FOR 2006-08 CONTRACT. DOC
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rODose men men s to t e 'areement:
Duration: Three year term (Jan,. 1, 2006- Dec. 31, 2008).
This is consistent with the contract length for AFSCME.
Wage Adjustments: 2006 - 3.00%
2007 - 3.00%
2008 - 3.00%
Also re-structured the pay plan to eliminate an increase
at 6 months for new hires.
Health Insurance Increase for 2006 - $50 per month ($700)
Family Coverage: 2007 - $50 per month ($750)
2008 - $67 per month ($817)
*Premiums for Single Coverage are 100% paid by the
City.
Retirement Health Savings Plan $15/month per employee contribution to Retirement
Health Savings Plan. The RHS Plan terms dictate that a
$50/mo. contribution is made. The employee is
responsible for $35/month,
Definitions (Article 3,1) In Article 3.1, definitions have been added to clarify base
rate of pay, salary rate of pay, and shift employee. This is
a housekeeping measure intended to make the contract
language consistent with the City's calculation of
compounded wages.
Notification for Tuition Reimbursement This language provides that employees seeking tuition
(Article 24.2) reimbursement must provide the City written notice prior
to June 30th the year preceding enrollment. This change
will allow the City to better budget for this expense.
Clothing Allowance (Article 17.1) - Clothing Allowance changed from $728 per year to $778
The base amount was adjusted to per year based on CPI adjustments,
reflect the Consumer Price Index
adjustment from 2003 to 2005.
Holidays (Article 18) Language added that allows for shift officers who are
required to work on Christmas Day, New Year's Day or
4th of July (when those days fall on a weekend) to be
compensated at 1 ~x their rate of pay, rather than
compensating the patrol officer who worked the City
recognized holiday.
Waaes: The City of Prior Lake has historically paid near the average for similar sized cities within
the metro area. As you might imagine, some cities have been significantly impacted by the loss of
state aid and are likely in a much different position with respect to their ability to provide average
increases. This scenario is more common in out-state communities than in the metro area.
However, in 2005 for example, the State settled with its employees at a 2% increase with no
adjustment to the employer contribution for family health insurance premiums. For metro area
cities, the trend seems to indicate wage increases more in line with the Mpls/St. Paul consumer
price index, which is 3.05%. Seven metro cities that have settled contracts with their patrol officers
for 2006 indicated the following increases:
Plymouth 3% for 2006, 3% for 2007
Lakeville 3% for 2006, 3% for 2007
New Hope 3% for 2006
Burnsville 3% for 2005, 3% for 2006
Golden Valley 3% for 2006
Bloomington 3.5% for 2006
Savage 3% for 2006
H:\ASSTCM\PERSONNEL\UNIONS\LELS\2006-2008 LABOR AGREEMENT\COUNCIL AGENDA REPORT FOR 2006-08 CONTRACT. DOC
FISCAL IMPACT:
CONCLUSION:
ALTERNATIVES:
RECOMMENDED
MOTION:
Although most of these cities have structured the increase incrementally over the course of the
year, an average 3% adjustment to the base wage is incurred. A 3% wage adjustment for each of
the three years will place the City at what appears to be a consistent increase for the metro area,
and help maintain a marketable salary for recruitment and retention purposes.
Health Insurance: For City contributions to employee family health insurance premiums, the 2005-
2007 AFSCME Labor Agreement has set the standard for insurance benefit for year 2006 and year
2007 ($700 per month for 2006, $750 per month for 2007). Because the City's objective is to
maintain as much equity as possible across employee groups, these same increases are proposed
in the LELS Labor Agreement, and for unrepresented employees as well. For 2008, the Agreement
proposes a $67/month increase, bringing the City contribution to $817/month. As Council members
have likely experienced, anticipating health insurance premium increases is not an easy feat. Over
the past three years, the City has experience an average 9% increase in its health insurance
premiums annually. This is the standard we used in negotiating the 3rd year insurance contribution.
Retirement Health Savinas Plan: LELS, like AFSCME and unrepresented employees, currently
have the option to participate in a Retirement Health Savings Plan. The plan takes pre-tax
contributions and allocates them to a retirement savings account. Upon reaching retirement age,
the dollars can be withdrawn (untaxable) for eligible health expenses. Unrepresented employees
have a separate plan that includes a $25/month employer contribution. This employer contribution
is not an additional benefit, but rather a reallocation of the employer's previous contribution to long-
term disability. The same rationale is proposed in this LELS contract. LELS will forego its paid
long-term disability benefit and reallocate those funds to retirement health savings. The City's
contribution will be $15/month per participating employee. The employee's contribution is
$35/month. There is no increase in cost to the City.
The 2006 operating budget has adequate funds to administer the contract including wage increase,
health insurance, and Retirement Health Savings contribution increases. Funds for 2007 and 2008
will be budgeted according to wage and benefit terms set out in the agreement.
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. Perhaps, most
significant, the settlement allows both parties to focus on delivering services to our customers for
the next three years rather than on labor negotiations.
LELS Local 100 voted to ratify the proposed agreement on Monday, December 12, 2005, and it is
now presented for Council action.
The City Council has the following alternatives:
1. Approve the Resolution ratifying the Labor Agreement for January 1, 2006 - December 31,
2008.
2. Deny the Resolution
3. Adjourn into closed session to discuss the proposed changes.
Alternative #1 - Motion and
Agreement between the City
and a~r::l ~a or:
Reviewed by:
cond to Approve the Resolution Ratifying the 2005 - 2008 Labor
f Prior Lake and Law Enforcement labor Services, Inc., Local 100,
City Manager to execute the Labor Agreement.
H:IASSTCM\PERSONNEL\UNIONS\LELS\2006-2008 LABOR AGREEMENT\COUNCIL AGENDA REPORT FOR 2006-08 CONTRACT DOC
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
RESOLUTION OS-XX
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
A RESOLUTION RATIFYING THE 2006-2008 LABOR AGREEMENT
BETWEEN THE CITY OF PRIOR LAKE AND LAW ENFORCEMENT
LABOR SERVICES, INC. LOCAL 100.
Motion By:
Second By:
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
Law Enforcement Labor Services, Inc. represents Prior Lake Patrol Officers and
Detectives; and
the parties have negotiated in good faith, which negotiations have resulted in an
Agreement for 2006, 2007 and 2008; and
the employees who make up the Law Enforcement Labor Services bargaining unit
ratified said Agreement on December 12, 2005; and
the Agreement becomes effective on January 1,2006.
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 1,2006 through December 31,2008, is hereby ratified.
3. The Mayor and City Manager are hereby authorized to execute the above
referenced Agreement on behalf of the City.
{Seal}
PASSED AND ADOPTED THIS 19TH DAY OF DECEMBER, 2005.
YES
NO
Haugen Haugen
Fleming Fleming
LeMair LeMair
Petersen Petersen
Zieska Zieska
City Manager, City of Prior Lake
www.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
KEY -- . Contract Changes negotiated to
Tentative Agreement.
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) UNION: Law Enforcement Labor Services, Inc.
H) UNION MEMBER: A member of Law Enforcement Labor Services, Inc. (Local 1 00).
I) UNION OFFICER: Officer elected or appointed by Law Enforcement Labor Services, Inc., (Local No. 100).
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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KEY -- . Contract Changes negotiated to
Tentative Agreement.
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 Representatives: 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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KEY -- . Contract Changes negotiated to
Tentative Agreement.
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 concerning the interpretation or application of this
Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred,
present such grievance to the Employee's supervisor as designated by the EMPLOYER. The
EMPLOYER designated representative will discuss and give an answer to such Step 1 grievance
within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed 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.
3
KEY -- . Contract Changes negotiated to
Tentative Agreement.
(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.
4
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KEY -- . Contract Changes negotiated to
Tentative Agreement.
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 cla~sifications.
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 concerning an investigation of disciplinary action unless the Employee has
been given an opportunity to have a UNION representative present at such questioning.
5
KEY -- . Contract Changes negotiated to
Tentative Agreement.
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 regu r salary base pay ratE
for all hours worked in excess of the Employee's regularly scheduled shift. Changes 0 shift do not qualify ar
Employee for overtime under this Article.
13.2 Overtime Assianments:
(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 available. fer shifte er N~~JrI4t.
ai:ii~Rffler,ts e~Yi!lI t9 er ~reatlr thAA teur (~e~~. 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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KEY -- . Contract Changes negotiated to
Tentative Agreement.
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 schedul off-duty time shall rec ive a minimum of
three (3) hours pay at one and one-half (1 1/2) times the Emplo e's salary bas9 pay rat. An extension or
early report to a regularly scheduled shift for Court appearance do . e 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 sc duled off-duty time shall ceive a minimum of two (2)
hours pay at one and one-half (1 1/2) times the Employe's salary base pay rate. extension or early report to
a regularly scheduled shift for duty does not qualify the m 10 ee for the two 2 h r 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 base pay rate
plus longevity and education incentive pay, if any.
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KEY -- . Contract Changcs ncgotiatcd to
Tcntative Agrecment.
ARTICLE 17: CLOTHING ALLOWANCE
17.1 Employees shall receive seven hundred seventy-eight tWElRty eight dollars ($7728) per year for clothing and
maintenance allowance in 2006. 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
18.2 Any holiday hours not taken by the Employee shall be resold to the EMPLOYER at the Employ's salary base
pay-rate during the first payroll in December.
18.3 Any Employee required to work on an actual 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 reg ar sa ary r te for all hours
worked except any hours which would be regular overtime hours per Articl 13~, overtime, whi h shall be paid
as per Article 13 +2-provides. Holiday premium pay shall be given for all ours 0 t e s I rncluding 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 V2 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: SALARIES 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 saiafy as per the following schedule:
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KEY -- . Contract Changes negotiated to
Tentative Agreement.
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
DAYS ACCRUED PER YEAR
Start until 3 full years 10 eight-hour days
(80 hours)
Start of the 4th through the 9th year 15 eight-hour days
(120 hours)
Start of 10th through 14th year 20 eight-hour days
(160 hours)
Start of the 15th year 21 eight-hour days
(168 hours)
Start of the 16th year 22 eight-hour days
(176 hours)
Start of the 17th year 23 eight-hour days
(184 hours)
Start of the 18th year 24 eight-hour days
(192 hours)
Start of the 19th year and thereafter 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
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KEY -- . Contract Changes negotiated to
Tentative Agreement.
personal day. The personal day can be taken at the officer's discretion, provided that, at the time the personal
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
22.2
22.3
22.4
22.5
22.6
22.7
Each Employee shall eam eight (8) hours of paid sick leave for each month of service.
Each Employee shall be allowed to accrue paid sick leave up to a maximum 960 hours. At their option
Employees wh ave accumu a e t least 720 hours sick leave may buy back the sick leave hours in excess of
720 hours at t eir salary GYffeRt ra of pay. This option, once exercised by an Employee, shall continue until
termination of m 10 ment.
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.
The EMPLOYER agrees to pay upon honorable termination at any Employee after five (5) ra" 01 sa:: :!.I
percent (50%) of the employee's accumulated unused sick leave at the Employee's eurr 'nt salary ~;;
rate.
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 to-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.
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 to-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.
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:
$545 per mORth for 2003
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KEY -- . Contract Changes negotiated to
Tentative Agreement.
$585 per month for 2004
$650 J')or mORth for 2005
$700 per month for 2006
$750 per month for 2007
$817 per month for 2008
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.
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 The EMPLOYER will select and provide long term disability insurance for employees effective January 1, 1995.
The EMPLOYER will pay a sum not to exceed $25.00 per month. In the event the premiums exceed the
maximum contribution provided by the EMPLOYER, such increases shall be paid by the Employee through
payroll deductions. In the event a long term disability plan is not available or the parties cannot agree upon the
benefits, employees are entitled to use up to $25.00 per month, effective January 1, 1995 to offset the
difference of the employee and dependent health and/or dental insurance premium and the capped amounts.
23.5 Retirement Health Savinqs 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, and
remain eligible to the employer contribution, employees 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.
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KEY -- . Contract Changes negotiated to
Tentative Agreement.
Twelve percent (12%) for four (4) years.
AA Employee shall recei\'e fifty cents (50t) per quarter smait Rel:lr iA bloeks 9f AiAe (9) l:lAtil Gl:lsh time as he
achieves eRe of the above.
24.2 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. In addition, the employee shall provide the EMPLOYER [CITY . a minimum of sixty (eO) days
written notice of the employee's intent to enroll in a course by June 30th the year preceding enrollment.
24.3 The EMPLOYER agrees to provide reimbursement for the cost of books and tuition for any successfully
completed college level course provided that the course is associated with law enforcement (to include the
social sciences and required electives).
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.
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KEY -- . Contract Changes negotiated to
Tentative Agreement.
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.
ARTICLE 31: JURY DUTY
31.1 Leave shall be granted for service upon a jury. Compensation shall be at the Employee's re ular salary base
rate of pay. Employees whose scheduled shift is other than a day shift shall be reassigned to da shift durin
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, 2006 and shall remain in full force and effect until the 31 st day of
December 2008.
SIGNATURES:
CITY OF PRIOR LAKE, MINNESOTA
LAW ENFORCEMENT LABOR SERVICES,
INC.
Jack Haugen, Mayor
Jack Chambers, Business Agent
Dated:
Christopher Olson, Union Steward
Dated:
Frank Boyles, City Manager
Dated:
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KEY -- . Contract Changes negotiated to
Tentative Agreement.
APPENDIX A: SALARliS BASE RATE OF PAY
EffeGtive JaRl:lary 1, 2Q9~:
2003 2004 2005
StaR $2;Qa+ ~ ~
After €I FRORtns: ~ $3;ae4 ~
After 12 FRonths: $3;92e $4;Qa4 $4,t89
After 24 FRonths: ~ $4;d2Q $4;4eQ
After 3€i FRORtt:lS: $4;4a9 $4;@1. $4;7&1-
Effective January 1, 2006
Start
After 6 months:
After 12 months:
After 24 months:
After 36 months:
2006 @ 3%
$3515
$0
$4312
$4594
$4894
2007 @ 3%
$3620
$0
$4441
$4732
$5041
2008 @ 3%
$3729
$0
$4574
$4874
$5192
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