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HomeMy WebLinkAboutItem 11December 15, 2010 Proposed Action Staff recommends adoption of the following motion: Move to approve the labor agreement between City of Lakeville and Law Enforcement Labor Services, Inc. Local No. 128 for 2011. Passage of this mntinn will re ult in a 0% cost of living increase. Overview While the city normally negotiates a two -year contract, this year we reached an for r only one year. Uncertainties with the economy and future health agreement I FV l IlJ insurance premiums were the main reasons for holding to a one -year settlement. The settlement will result in an increase in City expenses of an estimated maximum cost of $46,000 and will be expended from the General Fund contingency account. Primer Issues to Consider • Were changes made to the contract? e What are the costs attributed to the changes? Supporting Information Human Res e 2011 Law Enforcement Labor Services, Inc., Local No. 128, Police Officers Agreement. roes Manager 2011 LELS Local No. 128 Labor Agreement Item No. Financial Impact: up to $19,594.00 Budgeted: Y/N Y Source: Various Related Documents (GIP, ERP, etc.): Notes: Insurance costs of $26,000 were previously disclosed. Council Report Page 2 Analysis of Primary Issues: What changes were made to the contract? Health Insurance: Health insurance premium increases will be managed the same as with non -union employees. The city will split the difference for any increase in premiums for the Select Choice and HRAlhigh deductible plans and add the new HSA high deductible plan. Vacation Accrual: The vacation accrual schedule will be increased to mirror the sergeants as follows: a newly employed officer will begin accruing 12 days. of vacation in the first year This schedule will gradually increase to a maximum 25 days per year at 20 years of service. The specific article detailing the vacation schedule begins on page 13 of the contract. Vacation cash -out: For 2011 only, officers will be allowed to cash out accrued vacation equivalent to the increase in their dependent health insurance coverage. Fourteen of the 39 employees would be eligible for the cash -out option. CSO Training: Officers currently receive additional compensation for holding the position of field training officer. This training officer ensures that new recruits learn the core values, policies and standards of the department; the geography of the city; and all pertinent laws, statutes and ordinances for our location. Our CSO's are expected to understand many of the same components. We therefore will ask our field training officers to train CSO's. This contract will pay up to ten hours of compensation per CSO trainee. Uniform Allowance: The uniform allowance will increase by $30 each year per officer as shown on page 12 of the contract. Council Report Page 3 What are the costs attributed to the changes? Health Insurance: $26,000.00 (City share) Vacation Accrual: No direct costs. The additional vacation time will be managed in the same fashion as current accruals. Vacation Cash -out: Up to $16,017.00. The actual cost is dependent on the number of employees that exercise the option. For those that exercise the option, the result will be less time off. FTO training: time. Uniform Allowance: $1,170.00 Up to $407.00 per trainee depending on the amount of training LABOR AGREEMENT BETWEEN CITY OF LAKEVILLE, MINNESOTA AND LAW ENFORCEMENT LABOR SERVICES, INC. EMPLOYEE'S UNION (LOCAL NO. 128) 2011 ARTICLE 1 PURPOSE OF AGREEMENT 1 ARTICLE 2 RECOGNITION 1 ARTICLE 3 DEFINITIONS 1 ARTICLE 4 EMPLOYER SECURITY 3 ARTICLE 5 EMPLOYER AUTHORITY 3 ARTICLE 6 UNION SECURITY 4 ARTICLE 7 EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 4 ARTICLE 8 SAVINGS CLAUSE 7 ARTICLE 9 SENIORITY 7 ARTICLE 10 DISCIPLINE 8 ARTICLE 11 CONSTITUTIONAL PROTECTION 9 ARTICLE 12 WORK SCHEDULE 9 ARTICLE 13 OVERTIME 9 ARTICLE 14 COURT TIME 10 ARTICLE 15 CALL BACK TIME 10 ARTICLE 16 WORKING OUT OF CLASSIFICATION 10 ARTICLE 17 INSURANCE 10 ARTICLE 18 FALSE ARREST INSURANCE 12 ARTICLE 19 STANDBY PAY 12 ARTICLE 20 UNIFORMS 12 ARTICLE 21 SALARY SCHEDULE 12 ARTICLE 22 PART -TIME EMPLOYEE'S FRINGE BENEFITS 13 ARTICLE 23 VACATION SCHEDULE AND USE 13 ARTICLE 24 EDUCATION PAY /TUITION REIMBURSEMENT 14 ARTICLE 25 HOLIDAYS 15 ARTICLE 26 SICK LEAVE 15 ARTICLE 27 INJURY ON DUTY PAY 16 ARTICLE 28 LONGEVITY PAY 16 ARTICLE 29 SEVERANCE PAY 17 ARTICLE 30 PROBATIONARY PERIOD 17 ARTICLE 31 COMPENSATORY TIME ACCUMULATION AND USE 18 ARTICLE 32 REIMBURSEMENT FOR DAMAGE TO PERSONAL WRIST WATCH, PRESCRIPTION GLASSES OR CONTACT LENS WHILE ON DUTY 18 ARTICLE 33 LEAVE OF ABSENCE WITHOUT PAY AND JURY DUTY 18 ARTICLE 34 PREGNANCY RELATED DISABILITY LEAVE AND CHILD CARE LEAVE 19 ARTICLE 35 TRAINING OFFICER/COMP PAY 19 ARTICLE 36 TIME CARDS AND REPORTS 20 ARTICLE 37 WAIVER 20 ARTICLE 38 FUNERAL LEAVE 20 ARTICLE 39 LONG-TERM DISABILITY INSURANCE 20 ARTICLE 40 DRUG AND ALCOHOL TESTING POLICY 20 ARTICLE 41 LICENSE PAY 20 ARTICLE 42 DURATION 20 EXHIBIT A 22 EXHIBIT B 24 DRUG AND ALCOHOL TESTING POLICY 25 LABOR AGREEMENT BETWEEN CITY OF LAKEVILLE, MINNESOTA and LAW ENFORCEMENT LABOR SERVICES, INC. EMPLOYEES UNION (LOCAL NO. 128) ARTICLE 1 PURPOSE OF AGREEMENT This Agreement is entered into as of January 1, 2011, between the City of Lakeville, hereinafter called the Employer, Law Enforcement Labor Services, Inc. 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 fog n 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: Law Enforcement Labor Services, Inc. Employees' Union, (Local No. 128.) 3.2 UNION MEMBER: A member of Law Enforcement Labor Services, Inc. Employees' Union, (Local No. 128.) 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 Law Enforcement Labor Services, Inc. Employee's Union, (Local No. 128.) 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. 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 Officer Schedule 2 (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 eases 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. 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; 3 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). 6.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. ARTICLE 7 EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.1 DEFINITION OF A GRIEVANCE A grievance is defined as a dispute or disagreement as to the 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 as provided by 6.2 of this Agreement. 4 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 confornrance 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 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 5 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. 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. 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 6 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. 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 7 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 1st 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. 8 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 e) 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 seventy -two (72) hours' advance written notice given to the employee. 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. 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. 9 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 i2) tithes the employee's base pay rate. An extension or early report to a regularly scheduled shift for court appearance does not qualify the employee for the three (3) hour minimum. 14.2 Court appearance "must appear" if cancelled: The employee shall receive a minimum of two (2) hours at one and one -half (1 1/2) 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 z) 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 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, 2011, the Employer shall make payment according to the schedule below. Effective January 1, 2010, the employer will pay for one hundred percent (1.00 %) of the cost of single coverage towards the Select Choice and High Deductible plans. In addition, the employer and employee will each pay 50% of the increase in cost of group medical dependent insurance towards only the Select Choice and High Deductible plans or save 50% of the decrease in all plans. 10 MONITILY PREMIUM COSTS Employee Employer Total Premium Open Access Family 793.15 696.01 1489.16 EE + Spouse 643.06 563.66 1206.72 EE +Child(ren) 607.18 532.80 1139.98 Employee 1 93.50 371.51 565.01 Select Choice Family 497.85 842.41 1340.26 EE + Spouse 403.38 682.69 1086.07 EE + Child(ren) 381.05 644.91 1025.96 Employee .00 508.51 508.51 High Deductible/ RA Family 386.02 777.63 1163.65 EE + Spouse 331,80 611.15 942.95 EE + Child(ren) 318.98 571.81 890.79 Employee .00 441.51 441.51 Hioh Deductible /HSA Family 311.99 703.60 1015.59 EE + Spouse 271,81 551.16 822.97 EE + Child(ren) 262.31. 515.13 777.44 Employee .00 385.33 385.33 The 2011 HRA/VEBA and HSA funding will be deposited in January and July for employees choosing the High Deductible /HRA plan. These amounts will be prorated based on the eligibility date for new employees: HRA/VEBA January July Family 988.00 988.00 EE + Spouse 912.50 912.50 EE+ Child(ren) 894.50 894.50 Employee 763.50 763.50 HSA Family 1188.00 1188.00 EE + Spouse 1112.50 1112.50 EE + Child(ren) 1094.50 1094.50 Employee 963.50 963.50 17.2 Any cost beyond the amounts payable by the Employer shall be paid by the employee via payroll deduction. 17.3 The Employer shall contribute 100% of the monthly cost for ($ 15,000) Life Insurance for the employee as per the coverage and terms of the policy in effect on January 1, 1990. 17.4 Effective January 1, 2001, . the Employer shall contribute 100% of the cost of single 11 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 week of January. 20.2 All newly -hired police officers shall receive a complete unifonn as provided for in the contract Exhibit A, in lieu of uniform allowance for the first two years of employment. During that tune, 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. 20.4 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. 20.5 Upon termination of employment, employees of the Police Department shall return all unifonn 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 EmpIoyee's last pay check. ARTICLE 21 SALARY SCHEDULE 21.1 2011 Police Officer Salary Schedule Effective 1 -1 -11 to 12 -31 -11 A (Start) B {12 mo.) $24.09 $27.56 C (24 nio.) $29.82 12 D (36 mo.) $33.17 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 -tune 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 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 1st yr of eznploym.ent Beginning in the 2nd yr of employment Beginning in the 3rd yr of employment Beginning in the 4th yr of employment Beginning in the 5th yr of employment Beginning in the 6th yr of employment Beginning in the 7th yr of employment Beginning in the 8th yr of employment Beginning in the 9th yr of employment Beginning in the 10th yr of employment Beginning in the I lth yr of employment 13 12 days 96 hrs 12 days 96 hrs 12 days 96 hrs 12 days 96 hrs 15 days 120 hrs 16 days 128 hrs 16 days 128 hrs 16 days 128 hrs 16 days 128 hrs 18 days 144 hrs 18 days 144 hrs Beginning in the 12th yr of employment Beginning in the 13th yr of employment Beginning in the 20th yr of employment 14 18 days 20 days 25 days ARTICLE 24 EDUCATION PAY /TUITION REIMBURSEMENT 144 hrs 160 hrs 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 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 pei gritted to waive vacation leave for the purpose of receiving pay. 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 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) tunes 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 15 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. 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 16 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 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 -tune 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 fall -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. 17 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 in accordance with the Federal Fair Labor Standards Act and requirements. The Chief of Police or City Administrator can direct the scheduling officer to assign additional days off with pay to reduce the accrued hours. 31.3 All compensatory time hours 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 perrnits 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 S150.00 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 18 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 for jury duty or witness fee. 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 OFFICER/COMP 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. 19 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. 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 20 required by the Minnesota Peace Officer Standards and Training Board (POST). ARTICLE 42 DURATION This Agreement shall be effective as of January 1, 2011 and shall remain in full force and effect until the thirty-first (31st) day of December, 2011. In witness whereof, the parties hereto have executed this Agreement on this 20th day of December 2010. . CITY OF LAKEVILLE LAW ENFORCEMENT LABQR.SERVICES, INC. HOLLY KS DAHL , MAYOR STEVEN C MIELKE, CITY ADMINISTRATOR LOCAL O. 128 REPRESENTATIVE 21 JACK. C AMBERS, BUSINESS AGENT ITEM 3 Summer shirt 3 Winter shirt 3 Trouser 1 Summer hat 1 Winter hat 1 Summer hat band 1 Rain cover 2 Breast badges 1 Hat badge 2 Name tags 1 Summer Shoes /Boots 1 Winter Shoes /Boots 1 Jacket 1 Service Belt 1 Under Belt 1 Holster 1 Cuff Case 1 Mag Pouch 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 EXHIBIT A UNIFORMS - POLICE OFFICER Initial Issue BRAND & MODEL # Flying Cross Flying Cross Horace Small Five Star Super Trooper Uniforms Unlimited Uniforms Unlimited Blackington #B736R Blackington #B720R Uniforms Unlimited Blazer Safariland Safariland 22 STYLE & COLOR S/S Navy L/S 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 Additional Authorized Purchases: Additional Uniform Badges and flat ID badges Citation and Report Form Holders Earmuffs (shooting) Shooting Safety GIasses Winter Jacket (Minneapolis Leather - 4455, Navy Blue) Any other supervisor approved items 23 EXHIBIT B INVESTIGATOR UNIFORMS A specific uniform code will not be established for officers peimanently assigned to these units. These officers will, however, be expected to present a professional, neatly attired appearance at all tinges. 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. 24 V. Random testing is prohibited. DRUG AND ALCOHOL TESTING POLICY POLICE 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 to undergo drug or alcohol testing or a job applicant to undergo drug 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 EMPLOYEE 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. 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; 2. Is found to personally possess illicit drugs or alcohol while on duty; unless 25 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 drag 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 ainount 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 Amphetamines Bartiburates Benzodiazepine Cannabis SCREENING TEST 1,000 ng /ml Amphetamine 300 ng /ml Barbiturate 300ng /rnl Oxazepam. 5Ong /ml Delta -THC 28 CONFIRMATION 500ng /mg GC -MS 300ng /ml GC -MS 300nghnl GC -.MS 15ng /rn1 GC -MS Cocaine 300ng /mi Metabolite 15Ong /ml GC-MS Opiates 300ng /ml Morphine, Codeine 300ng /m1 GC -MS PCP 200ng /nl PCP 25ng /m1 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 confiuned by gas chromatography -mass spectrophotometiy, 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 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 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 their 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. 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 29 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 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 perfolui 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 EMPLOYEE involved authorizes the release of this infol 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 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. 30 MEMORANDUM OE UNDERSTANDING This Memorandum of Understanding is entered into between the City of Lakeville (hereafter the Employer) and the Law Enforcement Labor Services, Inc. Employee's Union Local No. 128 (hereafter the Union). WHEREAS, the Employer and the Union are parties to a Labor Agreement in effect from January 1, 2011 to December 31, 2011; and WHEREAS, during negotiations for the Labor Agreement, the parties discussed the impact that health insurance increases may have on members because there is no cost of living increase. NOW, THEREFORE, the parties have agreed to the following: City of Lakeville Signature /Date 1. The Employer will allow the union employee to cash out accrued vacation hours up to an amount that's directly equivalent to the employee's increase in health insurance for 2011. Steven C. Mielke, City Administrator Jack Chambers, Business Agent 3 l LELS Local No. 128 Signature /Date Micha Katzovitz, Union Stewart