HomeMy WebLinkAboutItem 09July I, 2013 0 Item No.
LABOR AGREEMENT BETWEEN CITY OP LAKEVILLE
AND MINNESOTA PUBLIC EMPLOYEES ASSOCIATION
PmRosed Action
Staff recommends adoption of the following motion: Move to approve the labor agreement between
the City, of Lakeville and Minnesota Public Employees.
Passage of this motion will result in a two -year labor agreement for the Lakeville Police Officers.
Staff has negotiated a two -year agreement with the Lakeville Police Officers effective January 1, 2012
through December 31, 2013. The Personnel Committee has reviewed the proposed settlement and is
recommending approval of the agreement.
The settlement provides a staggered wage adjustment increase of 1.75% in 2012 and 1.5% in 2013.
With the exception of the Passport co -pay health insurance plan, the employer will continue to pay
100% of the cost of single health insurance; the employer and employee will each pay 50% of the
increase in costs for dependent coverage.
The increased cost of wages and benefits for calendar year 2012 is $42,029. This cost was accrued and
recognized as an expense in 2012. The increased cost for 2013 is $74,181 which is within $306 of the
amount budgeted for 2013.
Ed Issues to Consider
• Is this settlement consistent with that given to other groups? There is a slight variation in
health insurance rates for 2012 and 2013; however, the increased cost to the employer
was balanced by a delayed wage adjustment for employees in both years. On December
31, 2013, for future bargaining, the rates will mirror that of all other employees.
Super '' sO formation
• Labor agreement
LM�L - L�Sjo�:�
Cindi Joosten
Human Resources Manager
Financial Impact: $ ^ 116,210 Budgeted: Y/N _Y_ Source: Various_2012 & 2013
Related Documents (CIP, ERP, etc.):
Notes:
LABOR AGREEMENT
BETWEEN
CITY OF LAKEVILLE, MINNESOTA
AND
MINNESOTA PUBLIC EMPLOYEES ASSOCIATION
FOR
LAKEVILLE POLICE OFFICERS
2012 -2013
ARTICLE 1 PURPOSE OF AGREEMENT ........................ ..............................1
ARTICLE 2 RECOGNITION .......................................................... ..............................
ARTICLE3 DEFINITIONS ............................................................ ..............................1
ARTICLE 4 EMPLOYER SECURITY .............................................. ..............................3
ARTICLE 5 EMPLOYER AUTHORITY ........................................... ..............................4
ARTICLE UNION SECURITY ..................................................... ..............................4
ARTICLE 7 EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE ...... ..............................4
ARTICLE8 SAVINGS C LAUSE ..................................................... ..............................7
ARTICLE9 SENIORITY ................................................................ ..............................7
ARTICLE10 DISCIPLINE ............................................................... ..............................8
ARTICLE 11 CONSTITUTIONAL PROTEC TION ............................. ..............................
ARTICLE 12 WORK SC HEDULE ..................................................... ..............................9
ARTICLE13 OVERTIME ................................................................. ..............................
ARTICLE14 COURT TIME ........................................................... .............................10
ARTICLE 15 CALL BACK TIME .................. . .................... ... ....................... . ............... 10
ARTICLE 16 WORKING OUT OF CLASSIFICATION .................. ............................... 10
ARTICLE17 INSURANCE .......................................................... ............................... 11
ARTICLE 18 FALSE ARREST INSURANCE ................................... .............................14
ARTICLE 19 STANDBY PAY ...................................................... ............................... 14
ARTICLE20 UNIFORMS .............................................................. .............................14
ARTICLE 21 SALARY SC HEDULE ................................................ .............................15
ARTICLE 22 PART -TIME EMPLOYEE'S FRINGE BENEFITS ....... ............................... 16
ARTICLE 23 VACATION SCHEDULE AND USE ......................... ............................... 16
ARTICLE 24 EDUCATION PAY/TUITION REIMBURSEMENT ..... .............................17
ARTICLE25 HOLIDAYS ............................................................... .............................17
ARTICLE 26 SICK LEAVE ............................................................. .............................18
ARTICLE 27 INJURY ON DUTY PAY ............................................ .............................19
ARTICLE 28 LONGEVITY PAY ..................................................... .............................19
ARTICLE 29 SEVERANCE PAY .................................................. ............................... 20
ARTICLE 30 PROBATIONARY PERIOD ..................................... ............................... 20
ARTICLE 31 COMPENSATORY TIME ACCUMULATION AND USE ......................... 20
ARTICLE 32 REIMBURSEMENT FOR DAMAGE TO PERSONAL WRIST WATCH,
PRESCRIPTION GLASSES OR CONTACT LENS WHILE ON DUTY....... 21
ARTICLE 33 LEAVE OF ABSENCE WITHOUT PAY AND JURY DUTY ...................... 21
ARTICLE 34 PREGNANCY RELATED DISABILITY LEAVE & CHILD CARE LEAVE... 22
ARTICLE 35 TRAINING OFFICER/COMP PAY ........................... ............................... 22
ARTICLE 36 TIME CARDS AND REPORTS ................................ ............................... 22
ARTICLE37 WAIVER ................................................................. ............................... 23
ARTICLE 38 FUNERAL LEAVE ................................................... ............................... 23
ARTICLE 39 LONG -TERM DISABILITY INSURANCE ................. ............................... 23
ARTICLE 40 DRUG AND ALCOHOL TESTING POLIC Y ............. ............................... 23
ARTICLE 41 LICENSE PAY ......................................................... ............................... 23
ARTICLE42 DURATION ........................................................... ............................... 24
EXHIBITA ............................................................................... ............................... 25
EXHIBIT ............................................................................... ............................... 27
DRUG AND ALCOHOL TESTING POLICY .................................. .............................28
LABOR AGREEMENT
BETWEEN
CITY OF LAKEVILLE, MINNESOTA
and
MINNESOTA PUBLIC EMPLOYEES ASSOCIATION
LAKEVILLE POLICE OFFICERS
ARTICLE 1 PURPOSE OF AGREEMENT
This Agreement is entered into as of January 1, 2012, between the City of Lakeville,
hereinafter called the Employer, and Minnesota Public Employees Association for the
Lakeville Police Officers.
It is the intent and purpose of this Agreement to:
1.1 Establish procedures for the resolution of disputes concerning this Agreement's
interpretation and/or application; and
1.2 Place in written form the parties' Agreement upon terms and conditions of
employment for the duration of this Agreement.
ARTICLE 2 RECOGNITION
2.1 The Employer recognizes the Union as the exclusive representative, for the purpose of
meeting and negotiating the terms and conditions of employment for all police
personnel in the following job classifications: Investigator, K -9 Officer, Senior Officer
on duty and Police Officer employees who are public employees within the meaning
of Minnesota Statute 179A.03, subd. 14, excluding the Chief of Police, who is a
supervisory and confidential employee, Sergeant, Sergeant Investigator, Community
Service Officer and all the non - essential classified positions in the Department.
2.2 In the event the Employer and the Union are unable to agree as to the inclusion or
exclusion of a new or modified job class, the issue shall be submitted to the Bureau of
Mediation Services for determination.
ARTICLE 3 DEFINITIONS
3.1 UNION: Minnesota Public Employees Association.
3.2 UNION MEMBER: A member of Minnesota Public Employees Association (Lakeville
Police Officers).
3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit.
3.4 DEPARTMENT: The Lakeville Police Department.
3.5 EMPLOYER: The City of Lakeville, Minnesota.
3.6 CHIEF: The Chief of the Lakeville Police Department.
3.7 UNION OFFICER: Officer elected or appointed by Minnesota Public Employees
Association (Lakeville Police Officers).
3.8 OVERTIME: Work performed at the express authorization of the Employer in excess of
the Employee's scheduled shift.
3.9 SCHEDULED SHIFT: A consecutive work period including rest breaks and lunch break.
3.10 REST BREAKS: Periods during the scheduled shift when the Employee remains on
continual duty and is responsible for assigned duties.
3.11 LUNCH BREAK: A period during the scheduled shift when the Employee remains on
continual duty and is responsible for assigned duties.
3.12 STRIKE: Concerted action in failing to report for duty, the willful absence from one's
position, the stoppage of work, slow -down, or abstinence in whole or in part from the
full, faithful and proper performance of the duties of employment for the purposes of
inducing, influencing and coercing a change in the'conditions or compensation. or the
rights, privileges or obligations of employment.
3.13 POLICE OFFICER: An employee specifically assigned or classified by the Employer to
the job classification and /or job position of Police Officer.
3.14 INVESTIGATOR: An employee specifically assigned or classified by the Employer to the
job classification and /or job position of Investigator /Detective.
3.15 SCHOOL RESOURCE OFFICER: An employee specifically assigned or classified by the
Employer to the job classification and /or job position of School Resource Officer.
3.16 K -9 OFFICER: An employee specifically assigned or classified by the Employer to the
job classification and /or job position of K -9 Officer.
3.17 LEAD INVESTIGATOR: An employee specifically assigned or classified to the job
classification and/or job position of Lead Investigator.
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3.18 COMMUNITY SERVICE OFFICER: An employee specifically assigned or classified to the
job classification and/or job position of Community Service Officer.
3.19 SENIOR OFFICER ON DUTY: An officer paid under the Police Otticer Schedule (Article
21.1) without any compensation for service under Article 21.6, and is the senior officer
by seniority date, on duty with the exception of Monday through Friday day shift
when a supervisor is on duty, in the City, with current knowledge of Patrol activity and
with the ability to direct patrol officers immediately when required.
3.20 PROMOTION: Any change in job classification which results in an increase in pay.
3.21 PROBATIONARY PERIOD, NEW EMPLOYEES: A period of time commencing on the date
employment commences and ending one year from that date.
3.22 PROBATIONARY PERIOD, PROMOTED RE- CLASSIFIED EMPLOYEES: A period of time
commencing on the effective date of the promotion - reclassification and ending six
months from that date.
3.23 FULL -TIME EMPLOYMENT: An employee whose hours in a calendar year meet the
2,080 -hour requirements of Article 12.1 of this Agreement.
3.24 PART -TIME EMPLOYMENT: An employee who works more than an average of fourteen
(14) hour work weeks in a calendar year, or portion thereof, but less than the hour
requirement of Article 12.1 of this Agreement is a part-time employee.
3.25 FULL BENEFITS: Employees who work an averaged 36 hour work week or more in a
calendar year shall receive full benefits as listed in this Agreement for full -time
employment.
3.26 PRORATE BENEFITS: Employees who work more than an averaged fourteen (14) hour
work week but less than an averaged thirty -six (36) hour work week shall receive
prorate benefits of full benefits as listed in this Agreement for full -time employment.
3.27 COURT APPEARANCE "MUST APPEAR ": Notification to report for court; including most
traffic court trials, implied consent hearings and contested omnibus hearings.
3.28 COURT APPEARANCE "STAND BY ": Notification to remain on stand by for court for
most felony level cases and jury trials.
ARTICLE 4 EMPLOYER SECURITY
The Union agrees that during the life of this Agreement the Union will not cause, encourage,
participate in or support any strike, slow -down or other interruption of or interference with
the normal functions of the Employer.
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ARTICLE 5 EMPLOYER AUTHORITY
5.1 The Employer retains the full and unrestricted right to operate and manage all
manpower, facilities and equipment; to establish functions and programs; to set and
amend budgets; to determine the utilization of technology; to establish and modify
the organizational structure; to select, direct and determine the number of personnel;
to establish work schedules and to perform any inherent managerial function not
specifically limited by this Agreement.
5.2 Any term and condition of employment not specifically established or modified by this
Agreement shall remain solely within the discretion of the Employer to modify,
establish or eliminate.
5.3 Any employee deprived of his /her state license to act as a police officer shall be
suspended without pay during that period.
ARTICLE 6 UNION SECURITY
6.1 The Employer shall deduct from the wages of Employees who authorize such
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 posting
Union notice(s) and announcement(s).
6A 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 interpretation or
application of the specific terms and conditions of this Agreement.
7.2 UNION REPRESENTATIVES
The Employer will recognize Representatives designated by the Union as the
F,
grievance representatives of the bargaining unit having the duties and responsibilities
established by this Article. The Union shall notify the Employer in writing of the names
of such Union Representatives and of their successors when so designated as provided
by 6.2 of this Agreement.
7.3 PROCESSING OF A GRIEVANCE
It is recognized and accepted by the Union and the Employer that the processing of
grievances as hereinafter provided is limited by the job duties and responsibilities of
the Employees and shall, therefore, be accomplished during normal working hours
only when consistent with such Employee duties and responsibilities. The aggrieved
Employee and Union Representative shall be allowed a reasonable amount of time
without loss in pay when a grievance is investigated and presented to the Employer
during normal working hours provided that the Employee and the Union
Representative have notified and received the approval of the designated supervisor
who has determined that such absence is reasonable and would not be detrimental to
the work programs of the Employer.
7.4 PROCEDURE
Grievances, as defined 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, either the
Sergeant or Captain. The Employee's supervisor 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 Sergeant or Captain's final answer in Step
1. Any grievance not appealed in writing to Step 2 by the Union within ten (10)
calendar days shall be considered waived.
Step 2 . If appealed, the written grievance shall be presented by the Union and
discussed with the Chief of Police. The Chief of Police shall give the Union the
Employer's Step 2 answer in writing within ten (10) calendar days after receipt of such
Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within
ten (10) calendar days following the Chief of Police's 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
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discussed with the City Administrator. The City Administrator shall give the Union the
Employer's answer in writing within ten (10) calendar days following the City
Administrator's final answer in Step 3. Any grievance not appealed in writing to Step 4
by the Union within ten (10) calendar days shall be considered waived.
Step 4 . A grievance unresolved in Step 3 and appealed to Step 4 by the Union shall be
submitted to arbitration subject to the provisions of the Public Employment Labor
Relations Act of 1971 as amended. The selection of an arbitrator shall be made in
accordance with the "Arbitration Roster Rules" established by the Bureau of Mediation
Services.
7.5 ARBITRATOR'S AUTHORITY
a) The arbitrator shall have no right to amend, modify, nullify, ignore, add to or
subtract from the terms 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 close of
the hearing or the submission of briefs by the parties, whichever be later,
unless the parties agree to an extension. The decision shall be binding on both
the Employer and the Union and shall be based solely on the arbitrator's
interpretation or application of the express terms of this Agreement and to the
facts of the grievance presented.
c) The fees and expenses for the arbitrator's services and proceedings shall be
borne equally by the Employer and the Union 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, providing it pays for the record. If both parties desire a verbatim
record of the proceedings, the cost shall be shared equally.
W -EMI :11V1
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 take the
grievance to the next step. The time limit in each step may be extended by mutual
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written Agreement of the Employer and the Union in each step.
7.7 CHOICE OF REMEDY
If, as a result of the written Employer response in Step 3, the grievance remains
unresolved, and if the grievance involves the suspension, demotion, or discharge of an
employee who has completed the required probationary period, the grievance may be
appealed either to Step 4 of Article 7 or a procedure such as: Civil Service, Veteran's
Preference or Fair Employment. 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 shall sign a statement
to the effect that the choice of any other hearing precludes the aggrieved employee
from making a subsequent appeal through Step 4 of Article 7. Except that with
respect to statutes under the jurisdiction of the United States Equal Employment
Opportunity Commission an employee pursuing a statutory remedy is not precluded
from also pursuing an appeal under this grievance procedure.
ARTICLE 8 SAVINGS CLAUSE
This Agreement is subject to the laws of the United States, the State of Minnesota and the City
of Lakeville, Minnesota. 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 renegotiated at the written request of either party.
ARTICLE 9 SENIORITY
9.1 Seniority in any paid position with the Police Department will be established from the
earliest date of employment for the purpose of determining the employee's vacation
accrual. Permanent part -time positions will be credited with vacation accrual on the
percentage of hours worked compared to the regular 40 -hour work week. Seniority
for the purpose of receiving longevity pay as a police officer will be taken from the
earliest date of employment in any sworn police officer position held in the
Department for the time spent in a sworn position. Seniority in the bargaining unit
will be kept by time in all positions covered by the bargaining unit for the purpose of
vacation bidding, shift bidding and reduction of positions and layoff from established
positions of police officer and investigators. If two or more officers start on the same
date, the seniority order will be determined by the employer. Officers must be
informed of the seniority decision. An officer assigned or promoted to a new position
of investigator, will have established a second seniority date from the date of
assignment or promotion to the position. The second date is for the purpose of shift
bidding, vacation bidding and reduction in the number of positions for positions such
as investigator.
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9.2 During the probationary period, the newly -hired or rehired employee may be
discharged at the sole discretion of the Employer. During the probationary period, a
promoted or reassigned employee may be replaced in their previous position at the
sole discretion of the Employer.
9.3 A reduction of work force will be accomplished on the basis of seniority. Employees
shall be recalled from layoff on the basis of seniority. An employee on layoff shall have
an opportunity to return to work within two years of the time of their layoff before any
new employee is hired.
9.4 Senior employees will be given preference with regard to transfer, job classification
assignments and promotions when the job relevant qualifications of employees are
equal.
9.5 Senior qualified employees should be given shift assignment preference after 18
months of continuous full -time employment.
9.6 One continuous vacation shall be selected by specific dates on the basis of seniority
until April 1 st of each calendar year. An employee not making selection by this date
will be deemed to have waived seniority selection.
ARTICLE 10 DISCIPLINE
10.1 The Employer will discipline employees for just cause only. Discipline will be in one or
more of the following forms:
a) Oral reprimand
b) Written reprimand
c) Suspension
d) Demotion
e) Discharge
10.2 Suspensions, demotions and discharges will be in written form.
10.3 Written reprimands, notices or suspension, and notices of discharge which are to
become part of an employee's personnel file shall be read and acknowledged by the
signature of the employee. Employees and the Union will receive a copy of such
reprimands and /or notices.
10.4 Employees may examine their own individual personnel files at reasonable times
under the direct supervision of the Employer.
10.5 An employee may request a review of prior written discipline or suspension with the
Chief of Police after a period of three years have passed with no same or similar
incidents. The Chief of Police will have the ultimate discretion to remove the discipline
from the employee's file or require that it remain in the personnel file.
10.6 Discharges will be preceded by a five (5) day suspension without pay.
10.7 Employees will not be questioned concerning an investigation of disciplinary action
unless the employee has been given an opportunity to have a Union representative
present at such questioning.
10.8 Grievances relating to this Article shall be initiated by the Union in Step 3 of the
grievance procedure under Article 7.
ARTICLE 11 CONSTITUTIONAL PROTECTION
11.1 Employees shall have the rights granted to all citizens by the United States and
Minnesota State Constitutions.
ARTICLE 12 WORK SCHEDULE
12.1 The normal work year is two thousand and eighty hours (2,080) to be accounted for by
each employee through:
a) Scheduled hours of work
b) Holidays
c) Authorized sick leave time
d) Training
e) Vacation
f) Authorized compensatory time
12.2 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.
12.3 The Employer shall have the right to change the starting time of the daily work
schedule of the Employee, provided there is a minimum of ninety -six (96)hours'
advance written notice given to the employee. Written notice may be in text message
format.
ARTICLE 13 OVERTIME
13.1 Employees will be compensated at one and one -half (1 -1/2) times the employee's
regular pay rate, all remuneration including longevity, educational incentive pay, K -9
Officer and Investigator pay, for hours worked in excess of the employee's regularly
scheduled shift. Changes in shifts do not qualify for an employee for overtime under
this Article.
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13.2 Overtime will be distributed as equally as practicable.
13.3 Overtime refused by employees will, for record purposes under Article 13.2, be
considered as unpaid overtime worked.
13.4 For the purpose of computing overtime compensation, overtime hours worked shall
not be pyramided, compounded or paid twice for the same hours worked.
13.5 Overtime will be calculated to the nearest fifteen (15) minutes.
13.6 Employees have the obligation to work overtime or call backs if requested by the
Employer unless unusual circumstances prevent the employee from so working.
13.7 Overtime must be approved in advance by the Chief of Police or his designated
official, except in instances of emergency.
ARTICLE 14 COURT TIME
14.1 Court appearance "must appear ": An employee who is required to appear in court
during his scheduled off -duty time shall receive a minimum of three (3) hours pay at
one and one -half (1 1 /z) times the employee's base pay rate unless notified of the
cancellation by 5:00 p.m. on the preceding day. An extension or early report to a
regularly scheduled shift for court appearance does not qualify the employee for the
three (3) hour minimum.
14.2 Court appearance "must appear" if cancelled: The employee shall receive a minimum
of two (2) hours at one and one -half (1 1 h) times the employee's base pay rate is s /he is
cancelled while at home for a court appearance on the same day.
14.3 Court stand by: When an officer is sent notice to "stand by" to appear in court, the
officer shall receive a minimum of two (2) hours at one and one -half (1 1 /2) times the
employee's base pay rate if s /he is required to stand by to appear in court on the
employee's regularly scheduled off -duty time.
ARTICLE 15 CALL BACK TIME
An employee who is called to duty during his scheduled off duty time shall receive a
minimum of three (3) hour's pay at one and one -half times the employee's base pay rate. An
extension or early report to a regularly scheduled shift for duty does not qualify the employee
for the three (3) hour minimum.
ARTICLE 16 WORKING OUT OF CLASSIFICATION
Employees assigned by the Employer to assume the full responsibilities and authority of a
higher job classification shall receive the salary schedule of the higher classification for the
[to]
duration of the assignment. Said assignment shall be in writing from the Chief of Police and
specify the assignment starting date and the length of the assignment.
ARTICLE 17 INSURANCE
17.1 Effective January 1, 2012, the Employer shall make payment according to the schedule
below.
High DeductibleNEBA - Elect or Essential network
Employee
MONTHLY PREMIUM COSTS (2012)
413.35
Employee
Employer
Total Premium VEBA/HSA Funds
Co -pay - Passport network
543.41
833.99
149.08
Employee 216.26
371.51
587.77
882.82
EE + Child(ren) 653.09
532.80
1185.89
740.53
EE + Spouse 691.66
563.66
1255.32
Family 853.13
696.01
1549.14
Co -pay - Elect or Essential network
Employee AO
528.99
528.99
EE + Child(ren) 401.72
665.58
1067.30
EE + Spouse 425.24
704.55
1129.79
Family 524.83
869.39
1394.22
High DeductibleNEBA
- Passport network
Employee
.00
459.28
459.28
127.25
EE + Child(ren)
336.92
589.75
926.66
149.08
EE + Spouse
350.78
630.13
980.91
152.08
Family
409.44
801.05
1210.49
164.67
High DeductibleNEBA - Elect or Essential network
Employee
.00
413.35
413.35
127.25
EE + Child(ren) I
290.58
543.41
833.99
149.08
EE + Spouse
301.74
581.08
882.82
152.08
Family
348 .92
740.53
1089.45
164.67
High Deductible/1-15A - Passport network
Employee
.00
400.86
400.86
160.58
EE + Child(ren) I
277.98
530.80
808.78
182.42
EE + Spouse
288.39
567.74
856.13
185.42
Familv
332.45
724.06
1056.51
198.00
High Deductible /HSA - Elect or Essential network
Employee
.00
360.77
360.77
160.58
EE + Child(ren)
237.54
490.36
727.90
182.42
EE + Spouse
245.58
524.94
770.52
185.42
Family
279.62
671.24
950.86
198.00
Wellness
Employee only Employer match of Medica wellness gift cards up to $135.
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The VEBA and HSA funding will be deposited in two installments; the first six months will be deposited
in January and the second six months will be deposited in July. Deposits for new employees will be
prorated.
17.2 Effective January 1, 2013, the Employer shall make payment according to the schedule
below:
MONTHLY PREMIUM COSTS
Employee
Co -pay - Passport network
Employee 247.83
EE + Child(ren) 716.78
EE + Spouse 759.07
936.33
Employer Total Premium VEBAIHSA Funds
371.51
619.34
532.80
1249.58
563.66
1322.73
696.01
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Co -pay - Elect or Essential network
Employee
.00
557.40
557.40
EE + Child(ren)
430.38
694.24
1124.62
EE + Spouse
455.58
734.89
1190A7
Family
562.27
906.83
1469.10
High DeductibleNEBA - Passport network
Employee
.00
483.95
483.95
127.25
EE + Child(ren)
361.80
614.63
976.42
149.08
EE + Spouse
377.12
656.47
1033.59
152.08
Family
441.95
833.55
1275.50
164.67
High DeductibleNEBA
- Elect or Essential
network
Employee
.00
435.55
435.55
127.25
EE + Child(ren)
! 312.98
565.81
878.78
149.08
EE + Spouse
325.45
604.79
930.24
152.08
Family
378.18
769.79
1147.96
164.67
High Deductible /HSA - Passport network
Employee
.00
419.00
419.00
160.58
EE + Child(ren)
259.35
586.05
845.40
182.42
EE + Spouse
344.98
550.45
895.43
185.42
Family
356.37
747.98
1104.34
198.00
High Deductible /HSA - Elect or Essential network
Employee
.00
377.11
377.11
160.58
EE + Child(ren)
254.02
506.84
760.86
182.42
EE + Spouse
263.02
542.38
805.40
185.42
F2�rtily
301.15
692.77
993.91
198.00
Wellness Employer match of Medica wellness gift cards up to $135.
Employee only
12
The VEBA and HSA funding will be deposited in two installments; the first six months of funding will
be deposited in January and the second six months of funding will be deposited in July. Deposits for
new employees will be prorated.
17.3 Effective December 31, 2013, the Employer shall make payment according to the
schedule below.
Employee
Co -pay - Passport network
Employee 247.83
EE + Child(ren) I 716.78
EE + Spouse I 759.07
F a m i ly 936.33
MONTHLY PREMIUM COSTS
Employer Total Premium VEBA/HSA Funds
371.51
619.34
532.80
1249.58
563.66
1322.73
696.01
1632.
Co -pay - Elect or Essential network
Employee
.00
557.40
557.40
EE + Child(ren)
i 430.38
694.24
1124.62
EE +Spouse
455.58
734.89
1190.47
Familv
562.27
906.83
1469.10
High DedudibleNEBA - Passport network
Employee
27.44
456.51
483.95
127.25
EE + Child(ren)
384.61
591.81
976.42
149.08
EE + Spouse
402.44
631.15
1033.59
152.08
Familv
467.87
807.63
1275.50
164.67
High DeductibleNEBA - Elect or Essential network
Employee
.00
435.55
435.55
127.25
EE + Child(ren)
312.98
565.81
878.78
149.08
EE + Spouse
325.45
604.79
930.24
152.08
Family
378.18
769.79
1147.96
164.67
High Deductible /HSA - Passport network
Employee
18.67
400.33
419.00
160.58
EE + Child(ren) I
310.27
535.13
845.40
182.42
EE + Spouse
324.27
571.16
895.43
185.42
Familv
370.74
733.60
1104.34
198.00
High Deductible /HSA - Elect or Essential network
Employee
.00
377.11
377.11
160.58
EE + Child(ren)
254.02
506.84
760.86
182.42
EE + Spouse
263.02
542.38
805.40
185.42
Family
301.15
692.77
993.91
198.00
Weliness
Employee only Employer match of Medica wellness gift cards up to $135.
13
The VEBA and HSA funding will be deposited in two installments. The First six months of funding will
be deposited in January and the second six months of funding will be deposited in July. Deposits for
new employees will be prorated.
17.4 Any cost beyond the amounts payable by the Employer shall be paid by the employee
via payroll deduction.
17.5 The Employer shall contribute 100% of the monthly cost for ($25,000) Life Insurance
for the employee as per the coverage and terms of the policy.
176 Effective January 1, 2001, the Employer shall contribute 100% of the cost of single
coverage toward Group Dental Insurance coverage. If the Employee elects additional
dependent coverage, the Employee will pay the monthly cost above the Employer
contribution via payroll deduction.
ARTICLE 18 FALSE ARREST INSURANCE
The Employer shall provide false arrest insurance for the police officers.
ARTICLE 19 STANDBY PAY
Employees required by the employer to standby shall be paid for such standby time at the
rate of one hour's pay for each hour on standby. Standby pay as defined in this article does
not apply to court appearances, criminal or civil.
ARTICLE 20 UNIFORMS
20.1 Effective January 1, 2011, the uniform allowance shall be eight hundred twenty
($820.00). The uniform allowance shall be paid by the 4 1 h week of January.
20.2 All newly -hired police officers shall receive a complete uniform as provided for in the
contract Exhibit A, in lieu of uniform allowance for the first two years of employment.
During that time, the Employer shall replace any item worn or damaged. At the
beginning of the third year of employment, employees shall be entitled to prorated
uniform allowance as provided in the contract.
20.3 In addition to the uniform allowance, soft body armor shall be provided by the
Employer and replaced as needed due to poor condition or as recommended by the
manufacturer's specifications. This shall be done without deduction from the uniform
allowance.
20A Effective January 1, 1993, police officer(s) assigned to an investigator position shall
receive a uniform allowance in accordance with the terms and conditions under
Exhibit B to this Agreement.
14
20.5 Upon termination of employment, employees of the Police Department shall return all
uniform articles paid for by the Employer under the terms of this Agreement, except
shoes. The Chief of Police shall issue a receipt to the Employee for said articles upon
his receipt before the issuance of the Employee's last pay check.
ARTICLE 21 SALARY SCHEDULE
21.1 21.1. The following schedule will be effective for all employees electing the high deductible
Passport Network health plans:
Effective Date:
Start (A)
12 mo. (B)
24 mo. (C)
36 mo. (D)
1 -1 -2012 to 12 -04 -2012
$24.33
$27.84
$30.12
$33.50
12 -05 -2012 to 12 -31 -2012
$24.51
$28.04
$30.34
$33.75
Effective Date:
Start
12 mo.
24 mo.
36 mo.
1 -1 -2013 to 12 -04 -2013 $24.76 $28.32 $30.65 $34.09
12 -05 -2013 to 12 -31 -2013 $24.88 $28.47 $30.80 $34.26
21.2. The following schedule will be effective for all employees electing the high deductible Elector
Essential Network health plans:
Effective Date:
Start (A)
12 mo. (B)
24 mo. (C)
36 mo. (D)
1 -1 -2012 to 11 -30 -2012
12 -01 -2012 to 12 -31 -2013
$24.33
$24.51
$27.84
$28.04
$30.12
$30.34
$33.50
$33.75
Effect Date: I Start 12 mo. 24 mo. 36 mo.
1 -1 -2013 to 11 -30 -2013 $24.76 $28.32 $30.65 $34.09
12 -01 -2013 to 12 -31 -2013 I $24.88 $28.47 $30.80 $34.26
21.2 The Investigator, School Resource Officer and K -9 Officer pay shall be established at
the Salary Schedule plus an additional 6% of the 36 month rate of the Police Officer
Salary Schedule, rounded off to the nearest whole dollar.
21.3 A new police officer may be hired at a rate higher than Step A if the person has
previous related experience in police work, is state certified, meets all other entrance
requirements of the Employer and is approved by the Chief of Police and City
Administrator.
21.4 Part -time employees will be paid the hourly rate that their hours worked earns them
based on a standard of 2,080 hours per year.
21.5 The Senior Officer on Duty shall be paid 107.5% of the officer or investigator rate of
pay when no other supervisory personnel of the essential employee group are on duty
and there is one or more other essential group employees on duty. Supervisory
15
personnel shall include the Chief of Police, Sergeant Investigator, Lieutenant,
Lieutenant Investigator, and any future command positions that may be established
for the essential employee group in the Department. The 7.5% additional pay shall be
earned by the hour for each hour the Police Officer serves as the senior officer on duty
under the terms and conditions of this Article. The Senior Police Officer shall be
responsible for supervisory duties and responsibilities as outlined in the Department
Police Manual for this position.
21.6 The EMPLOYER may appoint an employee to a full -time Lead Investigator position.
Lead Investigator pay shall be 9% of the 36 -month rate of the Police Officer Salary
Schedule, rounded off to the nearest whole dollar.
ARTICLE 22 PART -TIME EMPLOYEE'S FRINGE BENEFITS
22.1 Part-time employees will earn vacation, holiday and sick leave benefits based on the
percentage of their hours worked the previous year. This percentage will be taken on
2,080 hours as the standard work year.
ARTICLE 23 VACATION SCHEDULE AND USE
23.1 The vacation schedule shall be as follows-
Beginning in the 1 st yr of employment
12 days
96 hrs
Beginning in the 2nd yr of employment
12 days
96 hrs
Beginning in the 3rd yr of employment
12 days
96 hrs
Beginning in the 4th yr of employment
12 days
96 hrs
Beginning in the 5th yr of employment
15 days
120 hrs
Beginning in the 6th yr of employment
16 days
128 hrs
Beginning in the 7th yr of employment
16 days
128 hrs
Beginning in the 8th yr of employment
16 days
128 hrs
Beginning in the 9th yr of employment
16 days
128 hrs
Beginning in the 10th yr of employment
18 days
144 hrs
Beginning in the 11th yr of employment
18 days
144 hrs
Beginning in the 12th yr of employment
18 days
144 hrs
Beginning in the 13th yr of employment
20 days
160 hrs
Beginning in the 20th yr of employment
25 days
200 hrs
23.2 Each employee shall have vacation earned computed on a bi- weekly basis, or every
two weeks.
23.3 Employees shall accrue vacation during the first year of employment but not be
eligible to use accrued vacation until completion of the first six months of
employment.
23.4 Employees shall request vacation time in writing to the Chief of Police and receive his
ICl
approval a minimum of 30 days in advance to permit the Chief to effectively schedule
the department's forces.
23.5 Except as approved in writing by the City Administrator, employees will not be
allowed to carry over more than the number of hours of vacation they earned in the
two previous calendar years.
23.6 No employee shall be permitted to waive vacation leave for the purpose of receiving
pay.
ARTICLE 24 EDUCATION PAY/TUITION REIMBURSEMENT
24.1 Education incentive pay for a four year bachelor's degree will be $30.00 per month.
Payment is to be made on each biweekly pay check in 26 equal amounts for police
officers. If the bachelor's degree is received after the start date, the $30.00 per month
payment will begin with the first payroll of the month following the presentation of
the diploma to the Chief of Police. Police Officers can elect to receive either
educational incentive pay or longevity pay, but not both.
24.2 Police officers shall be reimbursed 100% in 1992 and thereafter for tuition cost upon
completion of college courses approved by the Employer as beneficial to the
performance of police officers duties and required for the attainment of a Bachelors or
Masters degree. The officer must receive a letter grade of "C" or better or "Pass" on the
pass /fail grade system to qualify for tuition reimbursement. An employee must have
completed the probationary period to be eligible for tuition reimbursement towards a
Bachelor's Degree. Further, an employee must have completed three years of service
to be eligible for tuition reimbursement towards a Master's Degree. Reimbursements
of the tuition will be paid for the course not to exceed the tuition rate charged by the
University of Minnesota for an equivalent course. Beneficial courses shall include, but
are not limited to, courses leading to a degree such as Business Administration, Public
Administration, Education, Social Sciences, Law Enforcement and similarly related
major courses of study.
24.3 Police Officers hired after January 1, 2001 shall not be eligible for tuition
reimbursement toward a Master's Degree.
ARTICLE 25 HOLIDAYS
25.1 There shall be eleven (11) holidays per year as follows:
New Year's Day, January 1
Martin Luther King's Birthday, Third Monday in January
President's Day, Third Monday in February
Memorial Day, Last Monday in May
17
Independence Day, July 4th
Labor Day, First Monday in September
Veterans Day, November 11
Thanksgiving Day, Fourth Thursday in November
Christmas Eve, One -half day
Christmas Day, December 25th
New Year's Eve, One -half day
Floating Day
25.2 Employees who work on a holiday shall be paid at one and one -half (1 1/2) times their
regular hourly rate of pay. Employees shall be paid in the month of December for the
holidays they have earned beginning with January 1, New Year's Day. The rate of pay
shall be the rate in effect on the date of the holiday.
25.3 The Employer shall have the right to reduce the work schedules for holidays and to
provide time off in lieu of holiday pay in December.
ARTICLE 26 SICK LEAVE
26.1 Sick leave is to be earned at a rate of one eight (8) hour day per month with no limit to
accumulation. Sick leave is earned while on vacation, sick leave and injury on duty
leave.
26.2 Sick leave may be used only for personal illness of the employee or in the case of an ill
or injured child of the employee or employee's spouse.
26.3 In order to be eligible for sick leave pay, an employee must:
a) Report no later than one hour before the beginning of the shift or sooner if
possible.
b) Keep the Chief of Police informed of his or her condition.
c) Submit a medical certificate for any illness of three days or longer if requested
by the Chief of Police.
26.4 Sick leave is to be used for actual illness and /or emergency medical attention of the
employee, or the care of an ill or injured child of the employee or the Employee's
spouse or critical illness of the employee's spouse. If the Employer has reason to
believe an employee is abusing sick leave by review of usage, the employee may be
required to submit a doctor's statement upon written advance notice from the
Employer for future usage. Where abuse is evident, an employee shall be subject to
the provisions of Article 10 of the Agreement. Employees are expected to accumulate
sick leave and not abuse it by using it as it accrues monthly.
18
ARTICLE 27 INJURY ON DUTY PAY
27.1 An Employee who, in the ordinary course of employment, while acting in a reasonable
and prudent manner and in compliance with established rules and procedures of the
Employer, is injured during the performance of his /her duties and thereby unable to
work, shall be paid the difference between the employee's regular pay, including
longevity and /or investigator pay, and the worker's compensation insurance
payments for a period not to exceed the equivalent of 260 eight (8) hour working days.
A working day is defined as the combination of worker's compensation insurance and
injury on duty pay.
27.2 For each day of injury on duty used, one eight (8) hour day shall be deducted from the
Employee's accumulated injury on duty leave of up to one calendar year of two
hundred sixty (260) working days.
27.3 The employee must be eligible for and receive worker's compensation insurance wage
benefits to be eligible for and receive injury on duty pay from the Employer.
27.4 An employee shall continue to accumulate vacation and sick leave while on injury on
duty leave.
27.5 The Employer shall have the right to request and receive reports from the employee's
doctor(s) on the employee's condition and ability to return to work, and the right to
have the employee examined by the Employer's doctor to determine his /her condition
and ability to perform the duties of the employee's position.
27.6 An employee may choose to use sick leave and /or vacation leave after his /her injury
on duty leave is exhausted.
ARTICLE 28 LONGEVITY PAY
28.1 Effective January 1, 2001, the longevity pay shall be as follows:
3.0% of the 36 month rate after 4 years
3.5% of the 36 month rate after 5 years
4.0% of the 36 month rate after 6 years
4.5% of the 36 month rate after 7 years
5.0% of the 36 month rate after 8 years
5.5% of the 36 month rate after 9 years
6.0% of the 36 month rate after 10 years
6.5% of the 36 month rate after 11 years
7.0% of the 36 month rate after 12 years
7.5% of the 36 month rate after 13 years
8.0% of the 36 month rate after 14 years
8.5% of the 36 month rate after 15 years
19
9.0% of the 36 month rate after 16 years
9.5% of the 36 month rate after 17 years
28.2 Police officers can elect to receive either education incentive pay or longevity pay, but
not both.
ARTICLE 29 SEVERANCE PAY
29.1 Severance pay shall be paid to full -time employees based on the following schedule:
After 5 years of full -time service, 35% of the Employee's unused sick leave.
After 10 years of full -time service, 45% of the Employee's unused sick leave.
After 15 years of full -time service, 55% of the Employee's unused sick leave.
29.2 Only service with the City of Lakeville shall be counted toward the time required for a
person to be eligible. Severance pay is to be based only on the employee's wage
schedule base pay rate, exclusive of any longevity, investigator, or education incentive
pay and shall be the wage rate in effect on the date of termination. Employee must
leave the service in good standing and give the Employer two (2) weeks written notice
of termination.
ARTICLE 30 PROBATIONARY PERIOD
30.1 The probationary period for new employees shall be twelve (12) months. The
probationary period for employees who are promoted, or rehired when they
previously had served six or more months with the City in the same position rehired
for, shall be six months.
30.2 At any time during the probationary period for new employees or rehired former
employees, the employee may be dismissed at the sole discretion of the Employer if
performance is unsatisfactory. During the six month probationary period for a
promoted or reassigned employee, the Employer may assign the employee to his/her
former position at the sole discretion of the Employer.
ARTICLE 31 COMPENSATORY TIME ACCUMULATION AND USE
31.1 Compensatory time may be accumulated for overtime worked at the rate of time and
one -half (11/2), not including holiday overtime.
31.2 The maximum number of compensatory time hours that may be accumulated shall be
80 hours. The Chief of Police or City Administrator can direct the scheduling officer to
assign additional days off with pay to reduce the accrued hours.
`ce
31.3 The Employee may choose to carry over up to 40 hours of comp time from one year to
the next. All compensatory time hours not carried over shall be used by December 31
of each year, or the Employer shall pay the employee at the hourly rate at which the
compensatory time was earned on the employee's last paycheck of the year.
Compensatory time can be used only with the approval of the Chief of Police when
the effective scheduling of personnel permits taking time off.
31.4 Compensatory time off shall be claimed on a form provided by the Employer and the
request shall be made to the Chief a minimum of one week in advance, and approved
by the Chief.
31.5 Preference will be given the employee who requests compensatory time off the
furthest in advance. Seniority will be the determining factor when more than one
employee in the same department requests the same date(s) off at the same time.
ARTICLE 32 REIMBURSEMENT FOR DAMAGE TO PERSONAL WRIST WATCH,
PRESCRIPTION GLASSES OR CONTACT LENS WHILE ON DUTY
32.1 Police officers may submit a report of claim to the Chief of Police of a wrist watch,
prescription glasses or contact lens damaged, or contact lens lost, in the line of duty
and request reimbursement for the cost of repair or replacement up to $150.00 per
year, per employee. If the article is to be replaced, the damaged watch, glasses or
contact lens shall be turned in to the department with the report.
32.2 The claim for reimbursement shall be submitted with an estimate of the cost of repair
from an appropriate watch repair or eye glass business. The claim will be approved if
the requirements of Article 32.1 have been met and the Chief of Police approves the
claim after determining from the written report the damage was caused by activity in
the line of duty.
ARTICLE 33 LEAVE OF ABSENCE WITHOUT PAY AND JURY DUTY
33.1 Upon request of an employee, leave of absence without pay may be granted by the
City Council, taking into consideration good conduct, length of service, and efficiency
of the employee and the general good of the municipal service. Such leave of absence
shall not exceed a period of ninety (90) days; provided that the same may be extended
beyond such period if the leave of absence is for continued disability or other good
and sufficient reasons, but in no case to exceed one year, except when the Employee is
called in to military service or is disabled from a disability incurred while in the service
of the City. No benefits shall accrue during a period of leave of absence without pay.
33.2 In the case of jury duty or subpoena for witness in court, an employee shall receive an
amount of compensation which will equal the difference between an employee's
regular pay and compensation paid far jury duty or witness fee.
21
ARTICLE 34 PREGNANCY RELATED DISABILITY LEAVE AND CHILD
CARE LEAVE
34.1 In conformance with the Minnesota Human Rights Act and the Pregnancy
Discrimination Act, disability caused or contributed to by pregnancy, child birth or
related medical conditions shall be treated the same as disabilities caused or
contributed to by other medical conditions.
34.2 A pregnant Employee who is unable to perform job duties and responsibilities due to
disabilities caused or contributed to by pregnancy, child birth or other related medical
conditions, is eligible to use sick leave in accordance with Article 26. The employer
reserves the right to request an Employee to provide medical evidence of disability,
illness or injuries. Failure to provide such evidence shall result in the loss of sick leave
for the period of absence.
34.3 An Employee who wishes to request a leave of absence for the purposes of child care
may request an unpaid leave of absence in accordance with Article 33.
ARTICLE 35 TRAINING OFFICERICOMP PAY
35.1 The Employer shall credit an employee designated as a Training Officer for a new
police officer for one hour of compensatory time or pay one hour at the employee's
wage schedule base pay rate per each shift, at the employee's option, that a training
officer has a new police officer assigned by the Chief of Police to the training officer
and the two are on duty with each other.
35.2 The Employer shall credit an employee designated as a Training Officer for a new
Community Service Officer for one hour of compensatory time or pay one hour at the
employee's wage schedule base pay rate per each shift, at the employee's option. This
training credit shall not exceed 10 hours per CSO trainee.
35.3 Compensatory time earned under this article is not earned at the rate set forth in
Article 31.1 and shall be used as approved by the Chief of Police.
ARTICLE 36 TIME CARDS AND REPORTS
36.1 Employees shall report their hours worked on a bi- weekly time card report form
provided by the Employer and signed by the employee. No employee shall make
entries in another employee's time card unless written approval is received from the
Chief of Police or his designee.
i►
ARTICLE 37 WAIVER
37.1 Any and all prior Agreements, resolutions, practices, policies, rules and regulations
regarding terms and conditions of employment to the extent inconsistent with the
provisions of this Agreement are hereby superseded.
37.2 The parties mutually acknowledge that during the negotiations which resulted in this
Agreement, each had the unlimited right and opportunity to make demands and
proposals with respect to any term or condition of employment not removed by law
from bargaining. All agreements and understandings arrived at by the parties are set
forth in writing in this Agreement for the stipulated duration of this Agreement. The
Employer and the Union each voluntarily and unqualifiedly waives the right to meet
and negotiate regarding any and all terms and conditions of employment referred to
or covered in this Agreement or with respect to any term or condition of employment
not specifically referred to or covered by this Agreement, even though such terms or
conditions may not have been within the knowledge or contemplation of either or
both of the parties at the time this contract was negotiated or executed.
ARTICLE 38 FUNERAL LEAVE
38.1 All full -time employees will be granted, if requested, up to three days funeral leave for
a death in the employee's immediate family.
38.2 Immediate family shall include mother, father, husband, wife, son, daughter, brother,
sister, mother -in -law and father -in -law of the employee and grandparents of the
employee.
ARTICLE 39 LONG -TERM DISABILITY INSURANCE
The City shall contribute one - hundred percent (100 %) of the cost of the long -term disability
insurance policy for all eligible employees.
ARTICLE 40 DRUG AND ALCOHOL TESTING POLICY
Drug and alcohol testing police language - see attached.
ARTICLE 41 LICENSE PAY
Effective January 1, 1999, the Employer shall contribute 100% of the cost of the license fee
required by the Minnesota Peace Officer Standards and Training Board (POST).
23
ARTICLE 42 DURATION
This Agreement shall be effective as of January 1, 2012 and shall remain in full force and effect
until the thirty -first (31 st) day of December, 2013. In witness whereof, the parties hereto have
executed this Agreement on this 1 st day of July, 2013.
CITY OF LAKEVILLE
MATT LITTLE, MAYOR
STEVEN C MIELKE, CITY ADMINISTRATOR
MN PUBLIC EMPLOYEES ASSOCIATION
M WG OLEN, r, SIN ESS AG T
llllkm::�
LAKEVILL / /POLICE OFFICER REPRESENTATIVE
24
EXHIBIT A
UNIFORMS- POLICE OFFICER
Initial Issue
ITEM
BRAND & MODEL #
3 Summer shirt
Flying Cross
3 Winter shirt
Flying Cross
3 Trouser
Horace Small
1 Summer hat
Five Star
1 Winter hat
Super Trooper
1 Summer hatband
Uniforms Unlimited
1 Rain cover
Uniforms Unlimited
2 Breast badges
Blackington #673611
1 Hat badge
Blackington #B720R
2 Name tags
Uniforms Unlimited
1 Summer Shoes /Boots
1 Winter Shoes /Boots
1 Jacket
Blazer
1 Service Belt
i Under Belt
1 Holster
1 Cuff Case
Safariland
1 Mag Pouch
Safariland
1 Ballistic Vest
1 Key Holder
1 Flashlight /Holder/
Traffic Cone
1 Small Mace and Holder
1 Asp and Holder
1 Whistle and Chain
2 Collar Brass (shirt and jacket)
3 Ties
1 Rain Coat
1 Traffic Vest
1 Pair of Gloves
1 Large Utility Bag
1 Robber Glove Case
1 Metal Clip Board
1 Ball Cap
1 Coverall
1 Hand Cuffs
1 Duty Weapon
1 Portable Radio
STYLE & COLOR
S/S Navy
US Navy
All season, Navy
Short bill, Navy
Cloth & pile, Navy
Silver
Silver w /black panels
Silver w /black panels
Silver w /black letters
Black
Black
Black basket weave
Black basket weave
Black basket weave
Black basket weave
Black basket weave
P&I
00 RIT To MI. F.-TMT4rFw*
Additional Uniform Badges and flat 1D badges
Citation and Report Form Holders
Earmuffs (shooting)
Shooting Safety Glasses
Winter Jacket (Minneapolis Leather - 4455, Navy Blue)
Any other supervisor approved items
NIO
EXHIBIT B
INVESTIGATOR
UNIFORMS
A specific uniform code will not be established for officers permanently assigned to these
units. These officers will, however, be expected to present a professional, neatly attired
appearance at all times. The exception to this is when undercover or other details require the
assumption of a manner of dress which is designed to protect the identity and safety of the
officer. These officers are expected to maintain a compliment of regulation uniforms (per
Exhibit A) so as to be available for street assignment as the need arises.
Officers assigned to these units may use their uniform allowance to purchase the following
items: suits, blazers, slacks, vests, dress shirts, neckwear, outer coats, shoes, sweaters and
belts. Casual wear (jeans, etc.), underclothing, jewelry and accessory items are not approved.
Items purchase under Exhibit B will not have to be returned to the City in the event that an
employee resigns.
27
DRUG AND ALCOHOL TESTING POLICY
POLICE
The City recognizes drug and alcohol abuse by EMPLOYEES as threatening the welfare
of the public and the well being of the other EMPLOYEES. Therefore, the City has
established drug and alcohol testing for positions covered by this Policy as a means of
protecting the public's welfare and EMPLOYEE'S well being.
II. The intent of this article is to prevent drug and alcohol abuse by EMPLOYEES and to
offer the opportunity for rehabilitation of EMPLOYEES who have tested positively for
drug and alcohol use while on duty.
III. The City shall inform a job applicant prior to testing. Information shall include the
City's right to request a test, the processing of a test, the consequences of testing
positively and the rights of the EMPLOYEE.
IV. Before requesting an EMPLOYEE to undergo drug or alcohol testing or a job applicant
to undergo drug testing, the City shall provide the EMPLOYEE orjob applicant with a
form developed by the City on which to acknowledge the EMPLOYEE orjob applicant
has reviewed the Policy. On an additional form, the EMPLOYEE orjob applicant may
indicate any over the counter or prescription medications that they are currently
taking or have recently taken and any other information relative to the liability of or
explanation for a positive test result. This form will be completed at the collection site
and will not be reviewed by the EMPLOYER.
V. Random testing is prohibited.
VI. The City shall not require an EMPLOYEE or job applicant to undergo drug or alcohol
testing except as authorized below:
A. The City may require a job applicant to undergo drug testing provided a job
offer has been made to the applicant and the same test is required of all job
applicants conditionally offered employment for that position. If the job is
withdrawn the City shall inform the applicant of the reasons for its actions.
B. The supervisor in charge may require an EMPLOYEE to undergo drug or alcohol
testing provided a reasonable attempt has been made to receive approval from
the Chief of Police, that said requirement is stated in writing, and there is
reasonable suspicion that the EMPLOYEE:
1. Is under the influence of drugs or alcohol;
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2. Is found to personally possess illicit drugs or alcohol while on duty;
unless possession is in conjunction with their official duties;
3. Sustained a personal injury or caused another EMPLOYEE to sustain a
personal injury and the supervisor in charge has reasonable suspicion
that drugs or alcohol were involved;
4. Has caused a work related accident or was helping to operate
machinery equipment or vehicles involved in a work related accident
and the supervisor in charge has reasonable suspicion that drugs or
alcohol were involved.
C. The City may require an EMPLOYEE to undergo drug or alcohol testing if the
EMPLOYEE has been referred by the City for chemical dependency treatment or
evaluation which results in a determination that the EMPLOYEE is chemically
dependent, in which case the EMPLOYEE may be required to undergo drug or
alcohol testing without prior notice during the evaluation or treatment period
and for a period of up to two (2) years following completion of any prescribed
chemical dependency treatment program.
D. Reasonable suspicion shall be defined as that quantity of proof or evidence
that is more than a hunch, but less than probable cause. Reasonable suspicion
must be based on specific, objective facts and any rationally derived inferences
from those facts about the conduct of an individual that would lead the
reasonable person to suspect that the individual is or has been using drugs
while on or off duty.
VII. Test sample collection shall be conducted in a manner which provides a high degree
of security for the sample and freedom from adulteration. EMPLOYEES may not be
witnessed while submitting a urine sample. Administrative procedures and biologic
testing of the samples shall be conducted to prevent the submission of fraudulent
tests. All screening tests shall make use of a split sample which shall be used for
confirmatory retests. Upon request, an EMPLOYEE shall be entitled to the presence of
a union representative before testing is administered. The testing may not be delayed
for an unreasonable amount of time to allow the EMPLOYEE this opportunity.
VIII. All samples shall be tested for CHEMICAL ADULTERATION, OPIATES, CANNABIS, PCP,
COCAINE, AMPHETAMINES, BARBITURATES, BENZODIAZEPINES AND ALCOHOL. The
testing shall be done at a laboratory to be determined by the City and the following
standards shall be used:
W
DRUG
SCREENING TEST
CONFIRMATION
Amphetamines
1,000 ng /ml Amphetamine
500ng /mg GC -MS
Bartiburates
300 ng /ml Barbiturate
300ng /mi GC -MS
Benzodiazepine
300ng /ml Oxazepam
300ng /ml GC -MS
Cannabis
50ng /ml Delta -THC
15ng /ml GC -MS
Cocaine
300ng /ml Metabolite
150ng /ml GC -MS
Opiates
300ng /ml Morphine, Codeine 3
00ng /ml GC -MS
PCP
200ng /ml PCP
25ng /ml GC -MS
Alcohol
0.040 m /dl Alcohol
0.040 gm/dl GC -MS
IX. Any sample which has been altered or is shown to be a substance other than urine or
blood shall be reported as such. All samples which test positive on a screening test
shall be confirmed by gas chromatography -mass spectrophotometry, and no records
of unconfirmed positive tests shall be released by the laboratory.
X. Initial screening tests and confirmatory tests shall be at the sole cost of the City.
XI. Testing and evaluation procedures shall be conducted in a manner to ensure that an
EMPLOYEE'S legal drug use does not affect the test results.
XII. All results shall be evaluated by a suitably trained occupational physician or
occupational nurse prior to being reported.
Xlil. Test results shall be treated with the same confidentiality as other EMPLOYEE medical
records. The test results shall not be reported outside the City organization.
XIV. Each EMPLOYEE whose confirmatory tests indicate positive for drug or alcohol use
shall be medically evaluated by a substance abuse professional. If required by the
substance abuse professional, the EMPLOYEE will then be counseled and treated for
rehabilitation. At any time an EMPLOYEE may voluntarily enter the chemical
dependency program. This program is designed to provide care and treatment to any
EMPLOYEE who is in need of rehabilitation. Details concerning treatment any
EMPLOYEE receives at this program shall remain confidential between the City and
EMPLOYEE and shall not be released to the public. The EMPLOYER steal l not be
responsible for the cost of the treatment. The EMPLOYEES' health care provider shall
provide a portion of the cost of the treatment.
XV. No EMPLOYEE shall be relieved of his or her position based on one positive
confirmatory test result although the EMPLOYEE may be re- evaluated for his or her
assignment. When undergoing treatment and evaluation, EMPLOYEES shall receive
the usual compensation and fringe benefits provided at their assigned position
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provided the EMPLOYEE is using available accumulated leave.
XVI. Each EMPLOYEE has the right to challenge the results of drug testing in the same
manner that he or she may grieve any managerial action.
XVII. Upon successful completion of rehabilitation, the EMPLOYEE shall be returned to her
or his regular duty assignment. EMPLOYEE reassignment during treatment shall be
based on each individual's circumstances. If follow -up care is prescribed after
treatment, this may be a condition of employment. Once treatment and any follow -up
is completed and provided no further incidents of positive confirmatory tests occur, at
the end of two (2) years the records of treatment and positive drug test results shall be
retired to a closed medical record, given to the EMPLOYEE. References of the incident
shall be removed from the EMPLOYEE'S personnel file.
XVIII. EMPLOYEES shall be subject to the disciplinary actions prescribed in Article 10 if the
EMPLOYEE:
A. Refuses to undergo drug or alcohol testing; EMPLOYEE may refuse to undergo
drug or alcohol testing of a blood sample upon religious grounds if the
EMPLOYEE consents to testing of a urine sample.
B. Fails to successfully complete a required rehabilitation program as prescribed
by a substance abuse professional;
C. Tests positively after completing the initial rehabilitation program. The
EMPLOYEE will be given the opportunity to complete a second rehabilitation
program. If the EMPLOYEE refuses to complete a second rehabilitation
program or if she or he tests positively after the completion of a second
rehabilitation program, disciplinary action as prescribed in the union contract
may be applied.
XIX. An EMPLOYEE may request a confirmatory retest of the original sample at the
EMPLOYEE'S own expense within S days of receiving notice of a positive confirmatory
test result. It shall be the responsibility of the EMPLOYEE to contact the EMPLOYER
who will work with the EMPLOYEE to contact the laboratory which performed the
original test and also make arrangements with a second federally certified laboratory
to perform the confirmatory retest. If the confirmatory retest does not confirm the
original positive test result, no adverse personnel action based on the original result
may be taken against the EMPLOYEE and the City will reimburse the EMPLOYEE for the
actual cost of the confirmatory retest.
XX. The EMPLOYEE, upon request and subject to approval of the testing laboratory will
have the right to inspect and observe any aspect of the drug - testing program. The
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UNION may inspect individual test results if the EMPLOYEE involved authorizes the
release of this information.
XXI. This drug testing program is solely initiated at the behest of the CITY for the safety and
well being of the public and EMPLOYEES. The CITY shall be solely liable for any legal
obligations for its actions of requiring testing or for actions taken as a result of testing.
XXII. This Policy is in noway intended to supersede or waive an EMPLOYEE'S federal or state
constitutional rights, or contractual rights.
XXIII. This policy is subject to the interpretation of the state law pertaining to drug and
alcohol testing.
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MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding, made the xxth day of June, 2013, is by and between the City of Lakeville, a
Minnesota municipal corporation ( "City") and Minnesota Public Employees Association, a Minnesota non - profit
corporation ( "Union ").
RECITALS
WHEREAS, the City and Minnesota Public Employee Association, Inc. are parties to a Collective Bargaining
Agreement for the period of January 1, 2012 through December 31, 2013 (hereafter "CBA "); and
WHEREAS. the parties entered into a Memorandum of Understanding on May 6, 2013 agreeing to certain
amendments which would ultimately be incorporated into a new CBA; and
WHEREAS. the parties have agreed to a new CBA for the period of January 1, 2012 through December 31, 2013;
and
WHEREAS. the parties also stipulated that certain amendments would not be incorporated into a new CBA, but
in the alternative, would proceed on a trial basis and only be renewed by mutual agreement,
NOW, THEREFORE. it is understood and agreed by the parties hereto that the following articles will proceed on
a trial basis:
1. Article 3 - Breaks
Lunch and coffee breaks will be as follows:
a. 8 hour shift 15 min. break/30 min. lunch /15 min. break
b. 10 hr. shift 20 min. break/30 min. lunch /20 min. break
c. 12 hr. shift 30 min. break/30 min. lunch /30 min. break
d. Employees must "status change" for rest and lunch breaks and will be taken in a manner that
does not impact service levels.
2. Article 13 -Overtime -Contracted Police Services
a. Requesting organizations will work from written agreements
b. All contracted overtime will be made to recruit from other agencies. If shifts are not filled, an
attempt will be made to recruit from other agencies. If still remain unfilled, Chief may mandate
the overtime.
c. If the contracted overtime is cancelled within 24 hours of the event, Lakeville Police Officers will
be compensated for two hours at 1.5 times the regular rate of pay.
For MNPEA:
For the City of Lakeville:
-Z"
Mi a Golen, Business Agent Steven C. Mielke, City Administrator
-- (3
Date Date
*1
LETTER OF AGREEMENT
BETWEEN
MINNESOTA PUBLIC EMPLOYEES ASSOCIATION
AND
CITY OF LAKEVILLE
WHEREAS, the City of Lakeville and MNPEA are in agreement to the following:
Effective January 1, 2004, the City will implement the Minnesota State Retirement System
Post - Retirement Health Care Savings Plan (PRHCSP), which allows employees to save money
on a pre -tax basis to pay medical expenses and /or health insurance premiums after
retirement from the City. Employees will be able to choose among several different
investment options provided by the State Board of Investment. Assets in the program will
accumulate tax -free. This plan is pursuant to Minnesota Statutes §352.98.
Eligibility is determined based on PERA definitions for retirement. The mandatory employee
contribution into the PRHCSP will be 100% of eligible separation pay. The value of the
applicable FICA/Medicare tax savings will be added t the retiring employees HCSP account.
The Minnesota State Retirement System will determine all provisions of this plan, and an
employee will deal directly with the State Retirement System on all account matters. The
City's responsibility will be to process the initial employee enrollment in the plan and to
forward the appropriate employee contributions.
For MNPEA:
Mike dolen, Business Agent
4; ~J - 7 -r3
Date
For the City of Lakeville:
Steven C. Mielke, City Administrator
Date
34