HomeMy WebLinkAboutItem 06.t
Date: Item No.
Labor Agreement between the City of Lakeville
And Law Enforcement Labor Services, Inc. Local No. 384 for Lieutenants
Proposed Action
Staff recommends adoption of the following motion: Move to approve the labor agreement
between the City of Lakeville and Law Enforcement Labor Services, Inc. Local No. 384 for 2018
and 2019.
Overview
A two-year agreement has been reached with the Lieutenant’s union which will take effect on
January 1, 2018 and continue through December 31, 2019. This agreement will provide a 3%
increase to wages effective January 1, 2018; a .5% increase effective December 17, 2018; and a 3%
increase effective January 1, 2019.
The agreement also provides health insurance rates identical to the non-union employees. They
will also receive a $50 annual increase for uniform allowance.
The Personnel Committee has reviewed the agreement and is recommending its approval.
Primary Issues to Consider
• How does the proposed wage increase compare to comparable cities? The average increase
of those contracts that are settled is 3% per year.
Supporting Information
• Labor Agreement for 2018 - 2019
Financial Impact: $ Budgeted: Y☒ N☐ Source:
Related Documents: (CIP, ERP, etc.):
Envision Lakeville Community Values: Good Value for Public Services
Report Completed by: Tammy Schutta, HR Manager
November 2, 2017
16,000 for 2018 Various Funds
LABOR AGREEMENT
BETWEEN
CITY OF LAKEVILLE, MINNESOTA
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
(LOCAL NO. 384)
LIEUTENANTS
Effective January 1, 2018 through December 31, 2019
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TABLE OF CONTENTS
ARTICLE 1. PURPOSE OF AGREEMENT
This Agreement is entered into between the City of Lakeville, hereinafter called the Employer,
and Law Enforcement Labor Services, Inc., hereinafter called the Union, on behalf of the
Employees of Local No. 384.
It is the intent and purpose of this Agreement to:
1.1 Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted
operations and the highest level of performance that is consistent with the well-being of
all concerned.
1.2 Establish the full and complete understanding of the parties concerning the terms and
conditions of this Agreement.
1.3 Establish procedures to orderly and peacefully resolve disputes as to the application and
interpretation of this Agreement.
1.3.1 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 bargaining
unit certified by the Bureau of Mediation Services on June 12, 2014, BMS Case No. 14
PCE-1241, and described as follows:
All essential licensed lieutenants employed by the Lakeville Police Department,
Lakeville, Minnesota, who are are public employees within the meaning of
Minnesota Statute 179A.03, subd. 14, excluding confidential, and all other
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 EMPLOYEE: A member of the exclusively recognized bargaining unit.
3.2 UNION OFFICER: Officer elected or appointed by the Law Enforcement Labor
Services, Inc. Employees’ Union, Local No. 384 to act on behalf of the Union.
3.3 UNION: The Law Enforcement Labor Services, Inc. Employees’ Union, Local No. 384.
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3.4 UNION MEMBER: A member of the Law Enforcement Labor Services, Inc. Employees’
Union, Local No. 384.
3.5 DEPARTMENT: The Lakeville Police Department.
3.6 EMPLOYER: The City of Lakeville, Minnesota.
3.7 EMPLOYER DESIGNATED REPRESENTATIVE: A person designated by the
Employer to act on its behalf.
3.8 CHIEF: The Chief of the Lakeville Police Department.
3.9 LIEUTENANT: An employee promoted to job classification and/or job position of
Lieutenant.
3.10 SCHEDULED SHIFT: A consecutive work period including rest breaks and lunch break.
3.11 REST BREAKS: Periods during the scheduled shift when the Employee remains on
continual duty and is responsible for assigned duties.
3.12 LUNCH BREAK: A period during the scheduled shift when the Employee remains on
continual duty and is responsible for assigned duties.
3.13 STRIKE: Conceded 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
frill, faithful and proper performance of the duties of employment for the purposes of
inducing, influencing or coercing a change in the conditions or compensation or the
rights, privileges or obligations of employment.
3.14 PROMOTION: A change in job classification which results in an increase in pay.
3.15 EMERGENCY: An emergency is defined as an unforeseen occasion not controllable by
the Employer or the Employer’s Designated Representative.
ARTICLE 4. MANAGEMENT RIGHTS
4.1 The Employer and L.E.L.S. recognize and agree that except as expressly modified in this
Agreement, the Employer has and retains all rights and authority necessary for it to direct
and administer the affairs of the Police Department and to meet its obligations under
Federal, State, and Local law, such rights to include, but not limited to, the 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.
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ARTICLE 5. UNION SECURITY
5.1 The Employer shall deduct from the wages of Employees who authorize such deduction
in writing an amount necessary to cover monthly Union dues. Such moneys shall be
remitted as directed by the Union.
5.2 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 or alternate.
5.3 The Employer shall make space available on the Employee bulletin board for posting
Union notice(s) and announcement(s).
5.4 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 6. SAVINGS CLAUSE
6.1 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, or administrative ruling or is in
violation of legislation or administrative regulations either party may request that the
other party meet and negotiate over amendments to or a substitution for the invalidated
provision. In such negotiations, the rights and obligations of the Union shall be subject to
the provisions of Minn. Stat. §179A.06, and the rights and obligations of the Employer
shall be subject to the provisions of Minn. Stat. §179A.07.
ARTICLE 7. 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 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.
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
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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 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 Representative’s final
answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union within
ten (10) calendar days shall be considered waived.
Step 2. If appealed, the written grievance shall be presented by the Union and discussed
with the Employer Designated Step 2 Representative. The Employer Designated
Representative shall give the Union the Employer’s Step 2 answer in writing within ten
(10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in
Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer
Designated Representative’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 2A. If the grievance is not resolved at Step 2 of the grievance procedure, the parties,
by mutual Agreement, may submit the matter to mediation with the Bureau of Mediation
Services. Submitting the grievance to mediation preserves time lines for Step 2 of the
grievance procedure.
Step 3. A grievance unresolved in Step 2 and appealed to Step 3 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 “Rules Governing the Arbitration of Grievances” as 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.
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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.
7.6 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 take 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.
ARTICLE 8. DISCIPLINE
8.1 The Employer or the Employer’s Designated Representative will discipline Employees
for just cause only.
8.2 Discipline will be in one or more of the following forms:
a) Oral reprimand
b) Written reprimand
c) Suspension
d) Demotion
e) Discharge
8.3 Suspensions, demotions and discharges will be in written form.
8.4 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 the signature of
the Employee. Employees and the Union will receive a copy of such reprimands and/or
notices.
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8.5 Employees may examine their own individual personnel files at reasonable times under
the direct supervision of the Employer or the Employer’s Designated Representative.
8.6 Discharges will be preceded by a five (5) day suspension without pay except in cases of
Veterans as defined by MSA 97 et seq.
8.7 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.
8.8 Grievances relating to this Article shall be initiated by the Union in Step 2 of the
grievance procedure under Article 7.
8.9 An employee may request a review of prior written discipline or suspensions 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.
ARTICLE 9. PROBATIONARY PERIOD
9.1 The probationary period for new Employees or rehired former Employees covered under
this Agreement shall be twelve (12) months. At any time during this probationary period
the Employee may be dismissed at the sole discretion of the Employer if performance is
unsatisfactory.
9.2 The probationary period for Employees who are promoted to the position of Lieutenant
shall be six (6) months. During the probationary period for promoted Employees, the
Employer may assign the Employee to his/her former position at the sole discretion of the
Employer.
9.3 During the probationary period of a newly hired, rehired or promoted Employee, the
Employer or the Employer Designated Representative may assign an Employee to shifts
for the duration of probation.
ARTICLE 10. SENIORITY
10.1 DEPARTMENTAL SENIORITY shall be defined as a regular, full-time Employee’s
length of continuous service with the City as a sworn Police Officer since his/her last
hiring date. “Last hiring date” means the date upon which an Employee first reported for
work in the Police Department as a sworn Police Officer since which he/she has not quit,
retired, been transferred outside the Department or been discharged.
10.2 CLASSIFICATION SENIORITY shall be defined as a regular, full-time Employee’s
length of continuous service with the City under each classification, i.e. Lieutenant.
Employees shall not attain classification seniority until the completion of the
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probationary period in the classification, at which time seniority classification shall relate
back to the most recent date of promotion or reclassification.
10.3 Where two or more Employees in the same classification were promoted on the same
date, then length of total service with the Police Department shall determine their
seniority in the classification. If length of total service with the Police Department is also
the same, then seniority will be determined by lottery and method determined
administratively.
10.4 An Employee shall forfeit seniority rights only for the following reasons:
A. The Employee resigned and has not been reinstated within two (2) years of the
day of resignation;
B. The Employee is dismissed, with just cause, and is not reinstated;
C. The Employee is absent without leave for a period of five (5) scheduled working
days or more. Exceptions to this may be made by the Employer on the grounds of
good cause for failure to report;
D. The Employee retires on a regular service retirement.
10.5 LAYOFF
Except in those instances where senior Employees are not qualified to perform remaining
work, seniority shall determine the order of Layoff.
10.5.1 Layoff shall be by classification within the department in inverse order of classification
seniority. However, an Employee about to be laid off shall have the right to bump
(displace) any Employee in a lower classification, provided that the Employer determines
the Employee who is exercising bumping rights has previously held the position and is
adequately qualified to perform the duties of the classification into which he/she is
bumping and he/she has greater department seniority than the Employee who is to be
bumped.
10.5.2 Recall from layoff, which shall be by classification within the department, in inverse
order of layoff provided that, if an Employee does not return to work upon recall, as
directed by the Employer, or on an extended date mutually acceptable to the Employee
and Employer, she/he shall automatically have terminated her/his employment. Recall
notification shall be by mail to the Employee’s last known address for an indefinite layoff
and shall be contained in the layoff notice for layoffs for a definite period. An
Employee’s name shall be retained on the recall list for two (2) years, at which time all
rights to recall shall terminate.
10.5.3 The Employer shall not hire a new Employee in a classification where an Employee is
laid off with the right for recall.
10.5.4 The Employer shall issue written notice of an indefinite layoff at least fifteen (15)
calendar days in advance of layoff and will meet and confer with the Union to attempt to
minimize the impact of the layoff on unit members. The Employer shall issue written
notice of recall from an indefinite layoff to affected Employees by certified mail/return
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receipt, providing at least fifteen calendar (15) days to return to work. An indefinite
layoff shall be defined as a layoff made for an indeterminate period at the time of notice
or any layoff of forty-five (45) or more days. The Employer may layoff an Employee for
a definite period of forty-four (44) days or less by giving written notice at least seven (7)
calendar days in advance to the affected Employees by certified mail/return receipt.
10.5.5 Voluntary Leaves Before Layoff. Prior to laying off an Employee the Employer will offer
a voluntary leave of absence to other Employees in the affected classification to prevent
the involuntary layoff of an Employee. An Employee on such leave shall continue to
accrue seniority as though the Employee was working. The leave shall be for a period not
to exceed two (2) years from the effective date of the leave.
10.6 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 Lieutenant.
10.7 One continuous vacation shall be selected by specific dates on the basis of classification
seniority until April 1st of each calendar year. An Employee not making selection by this
date will be deemed to have waived seniority selection.
10.8 Within thirty (30) days after the signing of this Agreement, the Employer shall establish
seniority lists as of the effective date of this Agreement structured by each work
classification to include and rank, in order of highest to lowest seniority, all permanent
Employees in the bargaining unit.
ARTICLE 11. WORK SCHEDULE
11.1 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) Funeral leave
11.2 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 or the Employer’s Designated
Representative may assign Employees.
ARTICLE 12. TIME CARDS/REPORTS
12.1 Employees shall report their hours worked on a bi-weekly time card report form provided
by the Employer or the Employer’s Designated Representative and signed by the
Employee. No Employee shall make entries on another Employee’s time card unless
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express written approval is received from the Chief of Police or the Employer Designated
Representative.
ARTICLE 13. SALARY SCHEDULE
13.1 2018 LIEUTENANTS SCHEDULE
January 1, 2018 (3%)
Start 12-Month 24-Month 36-Month 48-Month 60-Month
$96,653.14 $100,209.73 $103,933.18 $107,801.86 $111,775.60 $115,960.49
December 17, 2018 (0.5%)
Start 12-Month 24-Month 36-Month 48-Month 60-Month
$97,136.41 $100,710.78 $104,452.85 $108,340.87 $112,334.48 $116,540.29
January 1, 2019 (3%)
Start 12-Month 24-Month 36-Month 48-Month 60-Month
$100,050.50 $103,732.10 $107,586.43 $111,591.10 $115,704.51 $120,036.50
ARTICLE 14. OVERTIME
14.1 Overtime shifts will be offered first to Police Officers and Sergeants. Lieutenants who are
assigned to work Pan-O-Prog and contracted off duty overtime will be paid at the top
sergeant rate.
ARTICLE 15. INSURANCE, MEDICAL, LIFE AND DENTAL
15.1 Effective January 1, 2018, the Employer will may payment according to the schedule
below:
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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.
15.2 For 2017, the Employer will eliminate the co-pay plan. The Employer will provide single
health insurance to the Employee for the lowest cost, high deductible plan. The
Employer will split the increase (or decrease) for the dependent coverage for the lowest
cost, high deductible plan. Once these values are set, they will be applied to the optional
plans.
15.3 Any cost beyond the amounts payable by the Employer shall be paid by the Employee via
payroll deduction.
15.4 In the event that the health insurance provisions of this Agreement fail to meet the
requirements of the Affordable Care Act and its related regulations or cause the
Employer to be subject to a penalty or fine, either party may request that the other party
meet and negotiate over amendments to those health insurance that the
requesting party deems necessary. In such negotiations, the rights and obligations of the
Union shall be subject to the provisions of Minn. Stat. §179A.06 and the rights and
obligations of the Employer shall be subject to the provisions of Minn. Stat. §179A.07.
15.5 The City will provide employees with $25,000 life insurance coverage and contribute
100% of the monthly cost.
15.6 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 16. FALSE ARREST INSURANCE
16.1The Employer shall provide false arrest insurance for the Employee.
ARTICLE 17. TUITION REIMBURSEMENT
17.1 Employees shall be reimbursed 100% for tuition cost upon completion of college courses
approved by the Employer or the Employer’s Designated Representative as beneficial to
the performance of Employee’s duties and required for the attainment of a Bachelor’s or
a Master’s degree. The Employee 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. Reimbursement will be
paid based on 1997 tuition costs and thereafter of the tuition 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
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as Business Administration, Public Administration, Social Sciences, Law Enforcement
and similarly related major courses of study.
ARTICLE 18. VACATION/USE
18.1The vacation schedule shall be as follows:
Beginning in the 1st year of employment 10 days 80 hrs.
Beginning in the 3rd year of employment 11 days 88 hrs.
Beginning in the 4th year of employment 12 days 96 hrs.
Beginning in the 5th year of employment 15 days 120 hrs.
Beginning in the 7th year of employment 16 days 128 hrs.
Beginning in the 9th year of employment 17 days 136 hrs.
Beginning in the 12th year of employment 18 days 144 hrs.
Beginning in the 14th year of employment 19 days 152 hrs.
Beginning in the 15th year of employment 20 days 160 hrs.
Beginning in the 16th year of employment 21 days 168 hrs.
Beginning in the 17th year of employment 22 days 176 hrs.
Beginning in the 18th year of employment 23 days 184 hrs.
Beginning in the 19th year of employment 24 days 192 hrs.
Beginning in the 20th year of employment 25 days 200 hrs.
18.2 Employees shall accrue vacation during the first year of employment, but shall not be
eligible to use accrued vacation until completion of the first 6 months of employment.
18.3 Except as approved by the Employer or the Employer’s Designated representative,
Employees will not be allowed to carry over more than the equivalent number of hours of
vacation they have earned in the two previous calendar years.
18.4 Employees leaving the service in good standing after giving two weeks’ notice shall be
paid for any and all earned and unused vacation leave.
ARTICLE 19. HOLIDAYS
19.1There shall be eleven (11) holidays per year as follows:
New Year’s Day, January 1
Martin Luther King’s Birthday, Third Monday in January
Washington’s Birthday, Third Monday in February
Memorial Day, Last Monday in May
Independence Day, July 4th
Labor Day, First Monday in September
Veteran’s Day, November 11
Thanksgiving Day, Fourth Thursday in November
Day After Thanksgiving, Fourth Friday in November
Christmas Eve, December 24
Christmas Day, December 25
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19.2 Lieutenants will receive their regular pay for holidays not worked. In the event that the
Chief of Police mandates that a Lieutenant work a listed holiday, the Lieutenant will
receive a premium of $250.00 for working the holiday.
ARTICLE 20. SICK LEAVE
20.1 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.
20.2 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 condition.
c. Submit a medical certificate for any illness of three days or longer if
requested by the Chief of Police.
20.3 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 or as may be required by state law Minn. Stat.
§181.9413.
20.4 If the Employer or the Employer Designated Representative has reason to believe an
Employee is abusing sick leave by review of the usage, the Employee may be required to
submit a doctor’s statement upon written advance notice from the Employer or the
Employer Designated Representative for future usage. Where abuse is evident, an
employee shall be subject to the provisions of Article 8 of the AGREEMENT. Employees
are expected to accumulate sick leave and not abuse it by using it as it accrues monthly.
ARTICLE 21. PAID TIME OFF
21.1 Employees will have the opportunity to participate in the PTO benefit. Employees who choose not
to participate will have the option on an annual basis to switch to the PTO plan during a period of
open enrollment. Once the election is made to convert to the PTO program, employees cannot
return to the vacation and sick leave program. Articles 22 and 24 of the collective bargaining
agreement will no longer apply to members enrolling in the PTO plan. Once a minimum of 75%
of employees have enrolled in PTO, all new employees will automatically be offered PTO.
21.2 PTO can be used for any purpose, subject only to normal request/approval procedures consistent
with policy and labor agreements.
21.3 Requests for leave for reasons other than illness or injury must be submitted to the supervisor a
minimum of 14 days (two weeks) in advance when possible, and will be granted in seniority order.
Requests made with less than 14 days’ notice will be granted on a first-come, first-served basis
consistent with policy and labor agreements. Time off requests made with less than 14 days’ notice
will not be denied solely because the request was not made 14 days in advance.
21.4 Emergency use (illness or injury) requires notification to the supervisor a minimum of 60 minutes
prior to the employee’s scheduled workday when possible. If the employer has reason to believe
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an Employee is abusing the emergency use of PTO time, that employee may be required to provide
documentation of the emergency such as a physician’s note.
21.5 PTO time is accrued bi-weekly on an hourly basis.
21.6 The maximum amount of PTO that can be accrued and carried over to the next year will be 576
hours.
21.7 An employee that leaves the city in good standing, after giving proper notice, will be compensated
for PTO leave accrued and unused to the date of separation. Good standing is defined as an
employee who has not been discharged or terminated for cause.
21.8 Employees using PTO leave will be considered to be working for the purpose of accumulating
additional PTO time.
21.9 Once during the calendar year full-time employees may cash out up to forty PTO hours. Part-time
employees have the ability to cash out a pro-rated value of 40 hours each calendar year.
PTO ACCRUAL SCHEDULE
21.10 The accrual schedule for full-time employees is as follows:
1st year of employment, 18 days 144 hours
2nd year of employment, 18 days 144 hours
3rd year of employment, 19 days 152 hours
4th year of employment, 19 days 152 hours
5th year of employment, 20 days 160 hours
6th year of employment, 20 days 160 hours
7th year of employment, 22 days 176 hours
8th year of employment, 22 days 176 hours
9th year of employment, 24 days 192 hours
10th year of employment, 24 days 192 hours
11th year of employment, 26 days 208 hours
12th year of employment, 26 days 208 hours
13th year of employment, 28 days 224 hours
14th year of employment, 28 days 224 hours
15th year of employment, 30 days 240 hours
20th year of employment, 33 days 264 hours
CONVERSION
21.11 Conversion to the PTO plan is optional for employees.
21.12 Current vacation accruals will be converted 1:1 to the PTO accrual.
21.13 Sick balances will be converted to an Extended Medical Bank (EMB) at a 1:1 ratio at the time of
PTO election.
21.14 Sick hours may be converted to PTO according to the employee’s years of service and severance
eligibility as defined under article 26.1 Severance Pay. This conversion must occur at the time the
employee chooses PTO and cannot put the employee over the maximum accrual.
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21.15 At retirement or separation, the value of the EMB will be either placed into a Health Care Savings
Plan or paid directly to the employee according to city policy and/or contract language.
EXTENDED MEDICAL BANK
21.16 EMB hours may only be used after the first 40 consecutive hours of an absence for the
employee’s serious health condition, or the serious health condition of the employee’s child or as
may be required by state law including Minn. Stat. §181.9413. The forty hour waiting
period shall apply to each separate incident of a serious health condition.
21.17 For regular part-time employees, the waiting period before becoming eligible to use extended leave
pay shall be based on a pro-rated basis by determining the actual hours the employee is scheduled
to work according to the budget.
21.18 EMB leave shall not be considered as a privilege or vested right which an employee may use at
their discretion, but shall be considered as a type of insurance which shall be allowed in case of a
serious health condition of the employee or the employee’s child.
21.19 Employees shall notify their immediate supervisor or the Human Resources Department on the first
day of a qualifying serious health condition. Any employee using EMB leave may be placed on
concurrent FMLA leave.
EXTENDED MEDICAL BANK 2
21.20 EMB2 will accrue for all full-time employees who elect PTO at a rate of 32 hours each year; part-
time employees will receive pro-rated accrual. The accrued balance may only be used after the
employee’s PTO balance and EMB balance, if applicable, has been exhausted and be used under
the same terms identified under Extended Medical Bank parts 26.17 through 26.20.
21.21 The maximum accrual for EMB2 will be 340 hours.
21.22 At retirement or separation, the employee will receive no value from the EMB2 accrual.
ARTICLE 22. PARENTING LEAVE
22.1 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.
22.2 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 24. The Employer or
the Employer Designated Representative 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.
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22.3 An Employee who wishes to request a leave of absence for purposes of child care may
request an unpaid leave of absence in accordance with Article 29.
22.4 Conferences shall be in compliance with Minnesota Statute.
22.5 Employees shall be able to use sick leave for the care of a minor child in accordance with
Minnesota Statue.
22.6 Adoptions shall be in compliance with Minnesota Statute.
ARTICLE 23. SEVERANCE PAY
23.1Severance pay shall be paid to full-time Employees based on the following schedule:
a) After 5 years of full-time service, 35% of the Employee’s unused sick
leave or Extended Medical Leave Bank.
b) After 10 years of full-time service, 45% of the Employee’s unused sick
leave or Extended Medical Leave Bank.
c) After 15 years of full-time service, 55% of the Employee’s unused sick
leave or Extended Medical Leave Bank.
23.2 Only service with the Employer shall be counted towards 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 or the Employer Designated Representative two (2)
weeks written notice of termination.
23.2.1 Effective January 1, 2018, the City will implement the Minnesota State Retirement
System Post Retirement Health Care Savings Plan (HCSP) for LELS Local No 384.
Eligibility is determined based on PERA definitions for retirement. The mandatory
employee contribution into HCSP will be 100% of eligible severance pay (sick leave
/Extended Medical Bank).
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.
ARTICLE 24. INJURY ON DUTY
24.1 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 educational incentive 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
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is defined as the combination of worker’s compensation insurance and injury on duty
pay.
24.2 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.
24.3 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.
24.4 An Employee shall continue to accumulate vacation and sick leave while on injury on
duty leave.
24.5 The Employer or the Employer Designated Representative shall have the right to request
and receive reports from the Employees 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.
24.6 An Employee may choose to use sick leave and/or vacation leave after his/her injury on
duty leave is exhausted.
ARTICLE 25. FUNERAL LEAVE
25.1 All Employees will be granted, if requested, up to three days funeral leave for a death in
the Employee’s immediate family.
25.2 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 26. LEAVE OF ABSENCE WITHOUT PAY
26.1 Upon request of an Employee, leave of absence without pay may be granted by the
Employer 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 disability incurred while in the service of the City. No
benefits shall accrue during a period of leave of absence without pay.
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ARTICLE 27. JURY DUTY
27.1 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 for jury duty or witness fee.
ARTICLE 28. UNIFORMS
28.1 Lieutenants shall receive a uniform allowance each year. This allowance will be $900.00.
The allowance will be processed through payroll by the 4th week of January.
28.2 Bullet proof vests shall be provided by the Employer, in addition to the uniform
allowance, and replaced as needed due to poor conditions or at the end of the life
expectancy as determined by the manufacturer. 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.
28.3 Employees assigned to the Lieutenant position shall receive a uniform allowance in
accordance with the terms and conditions under Exhibit A to this Agreement.
28.4 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 29. PERSONAL PROPERTY REIMBURSEMENT
29.1 Employees 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 $225.00 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.
29.2 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 34.1 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 30. WAIVER
30.1 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 subject or matter not removed by law from the area of collective
bargaining and that the understandings and agreements arrived at by the parties after the
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exercise of that right and opportunity are set forth in the Agreement. Therefore, the
Employer and L.E.L.S., for the life of this Agreement each voluntarily and unqualifiedly
waive the right, and each agrees that the other will not be obligated to bargain
collectively with respect to any subject or matter referred to or covered in this Agreement
or with respect to any subject or matter not specifically referred to or covered in this
Agreement, even though such subject or matter may not have been within the knowledge
or contemplation of either or both of the parties at the time that they negotiated or signed
this Agreement.
ARTICLE 31. LONG-TERM DISABILITY INSURANCE
31.1 The City shall contribute one-hundred percent (100%) of the cost of the long-term
disability insurance policy for all eligible employees.
ARTICLE 32. DRUG AND ALCOHOL TESTING POLICY
32.1 Members of this bargaining unit will be covered by the City’s Drug and Alcohol Testing
Policy applicable to the members of the Police – see attached.
ARTICLE 33. LICENSE PAY
33.1 The Employer shall contribute 100% of the cost of the license fee required by the
Minnesota Peace Officer Standards and Training Board (POST).
ARTICLE 34. DURATION
34.1 This Agreement shall by effective as of January 1, 2018, and shall remain in full force
and effect until December 31, 2019.
CITY OF LAKEVILLE
____________________________________ DATE:________________________
Mayor
____________________________________ DATE:_______________________
City Clerk
____________________________________ DATE:_______________________
City Administrator
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LAW ENFORCEMENT LABOR SERVICES, INC., LOCAL NO. 384
___________________________________ DATE:________________________
Kevin McGrath, Business Agent
__________________________________ DATE:________________________
Jason Polinski, Union Steward
___________________________________ DATE:________________________
Bill Gerl, Union Steward
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EXHIBIT A
LIEUTENANT
UNIFORMS
A specific uniform code will not be established for officers permanently assigned to this
classification. These Lieutenants will, however, be expected to present a professional, neatly
attired appearance at all times. These Lieutenants are expected to maintain a compliment of
regulation uniforms (per Article 33.1) so as to be available for street assignment as the need
arises.
Lieutenants may use their uniform allowance by charging items at a supplier to be chosen
by the Chief of Police. The uniform requisition format will be followed. Approved items include:
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 purchased under Exhibit A will not have to be returned to the City in the event that
an Employee resigns.
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DRUG AND ALCOHOL TESTING POLICY
POLICY
I. 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 or a job applicant to undergo drug or alcohol
testing the City shall provide the EMPLOYEE or job applicant with a form developed
by the City on which to acknowledge the EMPLOYEE or job applicant has reviewed
the Policy. On an additional form, the EMPOYEE or job 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 and 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 or alcohol 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 the Chief
of Police, that said requirement is stated in writing, and there is reasonable
suspicion that the employee:
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1. Is under the influence of drugs or alcohol;
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 of 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:
DRUG SCREENING TEST CONFIRMATION
Amphetamines 1,000 ng/ml Amphetamine 500 ng/mg GC-MS
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Barbiturates 300 ng/ml Barbiturate 300 ng/ml GC-MS
Benzodiazepine 300 ng/ml Oxazepam 300 ng/ml GC-MS
Cannabis 50 ng/ml Delta-THC 15 ng/ml GC-MS
Cocaine 300 ng/ml Metabolite 150 ng/ml GC-MS
Opiates 300 ng/ml Morphine, Codeine 300 ng/ml GC-MS
PCP 200 ng/ml PCP 25 ng/ml GC-MS
Alcohol 0.040 gm/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.
XIII. 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
EMPLOYEES who are 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 shall 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 the time assigned position
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.
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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. Reference of the incident
shall be removed from the employee’s personnel file.
XVIII. EMPLOYEES shall be subject to the disciplinary actions prescribed in Article 8 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 they consent 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 5 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
UNION may inspect individual test results if the release of this information is
authorized by the EMPLOYEE involved.
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.
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XXII. This Policy is in no way 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.
633952-v1
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE LAW ENFORCEMENT LABOR SERVICES, INC. (LOCAL #384)
AND THE CITY OF LAKEVILLE
A. Purpose of Memorandum
This Memorandum of Understanding establishes a Health Care Savings Plan (HCSP) in the
State of Minnesota, Minnesota State Retirement System (MSRS) for employees covered by the
Law Enforcement Labor Services, Inc. (Local #384) and the City of Lakeville for the 2018 and
2019 Labor Agreement.
B. Duration
This Memorandum shall become effective January 1, 2018 and shall terminate effective
December 31, 2019; unless specifically renewed by both parties for a definitive period prior to
December 31, 2019.
C. Administration
The City of Lakeville will handle the administrative responsibilities of remitting and accounting
for the LELS (Local #384) Union employee contributions to the Minnesota State Retirement
System (MSRS) as required by MSRS. No contributions or severance payments will be made
to the account of a deceased employee.
If there is a balance in your HCSP account at the time of death, the assets will be transferred to an
HCSP account for another living person(s) to be used for the reimbursement of eligible
healthcare expenses. It is up to employee to fill out the Beneficiary Designation form.
D. Employee Contributions HCSP
Under this Memorandum, contributions to the HCSP will be established for the LELS (Local
#384) Union employees in the Classification of Lieutenant. They shall contribute the following
amounts:
All accrued PTO balance amounts at separation defined in Article 21 of the Labor
Agreement, not to exceed 840 hours.
All accrued Vacation time balance amounts at separation defined in Article 18, not to
exceed 600 hours.
All accrued sick leave or Extended Medical Bank amounts at separation defined in Article
23.
City of Lakeville Law Enforcement Labor Services, Inc.
(Local #384)
______________________________ ___________________________________
City Administrator Business Agent
______________________________ ___________________________________
Human Resource Manager Union Steward