HomeMy WebLinkAbout2011-02-16 PACKET 04.C.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM #
DATE 2/16/2011
Administration
Joe Fischbach
STAFF AUTHOR
COUNCIL ACTION REQUEST
Consider approving the 2010 -2011 Patrol labor contract.
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Approve the 2010 -2011 Patrol labor contract.
BUDGET IMPLICATION $
BUDGETED AMOUNT
ADVISORY COMMISSION ACTION
❑ PLANNING
❑ PUBLIC SAFETY
❑ PUBLIC WORKS
❑ PARKS AND RECREATION
❑ HUMAN SERVICES /RIGHTS
❑ ECONOMIC DEV. AUTHORITY
SUPPORTING DOCUMENTS
DATE
ACTUAL AMOUNT FUNDING SOURCE
REVIEWED
APPROVED
DENIED
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® MEMO /LETTER: Memo from Joe Fischbach dated 2/11/2011
❑ RESOLUTION:
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
® OTHER: labor contract
ADMINISTRATORS COMMENTS
Administrator
c i
Date
COUNCIL ACTION TAKEN: E ❑ DENIED ❑ OTHER
CITY OF COTTAGE GROVE
MINNESOTA
The City and the Patrol union met several times to negotiate a 2010 and, possibly, a 2011
labor contract. There were several items that the sides were able to agree upon. They were
basically administrative changes and agreement on health insurance. The sides were unable
to reach an agreement on 4 issues; duration, wages for 2010, wages for 2011 and the short -
term disability waiting period. The two sides participated in two mediation sessions. The sides
were still unable to reach an agreement. The union then filed for arbitration. The arbitration
hearing was held on January 25, 2011 and the arbitrator issued his award on February 5,
2011. The sides agreed on a two year contract before the hearing commenced. Below was the
City's final position.
W apes- 2010
On December 31, 2010 the members of the Cottage Grove Police Officers Federation, Inc. will receive
the same annual cost of living adjustment (COLA) that the City of Cottage Grove Local 49 bargaining unit
receives, not to be less than 2% (See 2009 -2010 Local 49 labor contract, page 15). Both parties
recognize that the members of Local No. 138 gave up a COLA increase at the beginning of 2010 to assist
the City with its 2010 budget challenges.
Wages- 2011
On January 1, 2011 the members of the Cottage Grove Police Officers Federation, Inc. will receive a 1 %
cost of living adjustment (COLA). This percentage will be applied to all base wage rates. This 1 % will be
on top of the percentage increase they receive on December 31, 2010.
On July 1, 2011 the City will conduct a market comparison for all public works maintenance bargaining
units, clerical bargaining units, and police patrol bargaining units of cities with populations between
20,000 and 60,000 that have wage amounts established as of June 1, 2011. The City will determine the
average cost of living adjustments (COLA) of all three (3) combined bargaining unit groups by the
recorded increase in the settled contracts. If the City's bargaining units are below the average COLA of
the three (3) combined bargaining unit groups the City will apply that percentage to the base wage rates,
less the 1% received on January 1, 2011. The cities used in comparison are cities that the Met Council
estimates are between 20,000 and 60,000 in population in 2007. Specifically, the cities are: Andover,
Blaine, Fridley, Ramsey, Chanhassen, Chaska, Apple Valley, Hastings, Inver Grove Heights, Lakeville,
Rosemount, South St. Paul, Brooklyn Center, Champlin, Crystal, Edina, Golden Valley, Maple Grove,
Minnetonka, New Hope, Richfield, Shoreview, St. Louis Park, Maplewood, New Brighton, Roseville, White
Bear Lake, Prior Lake, Savage, Shakopee, Oakdale and Woodbury. The cities used in comparisons will
be those from the above list that have a settled 2011 contract prior to June 1, 2011.
Short -term Disability
No change to the 20 day waiting period.
The arbitrator awarded the City's position on 2010 wages. It is essentially the same as what
Non - represented employees, the AFSCME union, the 49ers union and the Sergeants union
received. The 49ers received a 2% cost -of- living- adjustment (COLA) at the beginning of 2010
but had to take 41 hours of unpaid leave. This resulted in the same end result as the other
employee groups.
The arbitrator awarded part of the City's final position for wages in 2011. He granted a 1 %
COLA on January 1s Instead of awarding a COLA based on a market study for July 1 he
instead granted them a 1 % COLA on that date based upon an assumption by the arbitrator
that the CPI will be in that neighborhood for 2011. We believe that our proposed market
adjustment for the other employee groups in July will be similar to that granted to Patrol by this
Arbitrator.
The arbitrator granted our request for no change to the short -term disability waiting period.
Action
Consider approving the 2010 -2011 Patrol labor contract.
CITY OF • GROVE
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XXII
Annual Leave
14
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XXIII
Conversion of Existing Vacation and Sick Leave
15
a
XXIV
Short -Term Disability Benefits
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XXV
Longevity
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XXVI
Jury Duty
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XXVII '
Injury on Duty Policy
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XXVIII
Duration
18
Wage Schedule - Appendix A
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Insurance - Appendix B
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Agreement Regarding Required Paramedic Training of Requested by
Public Safety Director for Neva Employees and EMT -Basic and EmT-
Para e Training Reimbursement (Attachments A and B)
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Page 3
This AGREEMENT is entered into as of February 5, 2011 between the CITY OF
COTTAGE GROVE, MINNESOTA, hereinafter called the EMPLOYER, and the COTTAGE
GROVE POLICE OFFICERS FEDERATION, hereinafter called the UNION.
The intent and purpose of this Agreement is to:
1.1 Establish hours, wages and other conditions of employment.
1.2 Establish procedures for the resolution of disputes concerning interpretation and/or
application of this Agreement.
1.3 Specify the full and complete understanding of the parties.
1.4 Place in written form by Agreement, the terms and conditions of employment which
will be in effect for the duration of this Agreement as specified in Article XXVIII.
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2.1 The EMPLOYER recognizes the following described regular employees as an
exclusive bargaining unit of employees under Minnesota Statutes Section 179.71,
Subdivision 3, and the Cottage Grove Police Officers Federation, Inc., as the
exclusive representative of said unit:
A. Police Officer
B. Detective
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 position, the issue shall be submitted to the
Bureau of Mediation Services for determination.
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3.1 UNION:
Cottage Grove Police Officers Federation, Inc.
3.2 UNION MEMBER:
A member of the Cottage Grove Police Officers
Federation, Inc.
3.3 EMPLOYEE:
A member of the exclusively recognized bargaining
unit
3.4 PROBATIONARY
Any employee who is working in a position for the
EMPLOYEE:
initial twelve -month period of employment.
3.5 REGULAR
An employee whose position with the City is for an
EMPLOYEE:
ongoing (non- temporary) period and who has
successfully completed the probationary period.
3.6 DEPARTMENT:
Police Department of Cottage Grove
3.7 EMPLOYER:
The City of Cottage Grove
3.8 DEPARTMENT
The Public Safety Director for the EMPLOYER -
HEAD:
appointed authority
3.9 BASE PAY RATE:
The employee's monthly pay rate, exclusive of
longevity or any other special allowances.
3.10 OVERTIME:
Work performed at the express authority of the
EMPLOYER in excess of the employee's scheduled
shift.
3.11 SCHEDULED SHIFT:
A consecutive work period including rest periods and
a lunch break.
3.12 SHIFT CHANGE:
A normal change in work schedule in a twenty -four
(24) hour period with eight (8) hours between shifts.
3.13 REST BREAK:
A period during the scheduled shift during which the
employee remains on continual duty and is
responsible for assigned duties.
3.14 LUNCH BREAK:
A period during the scheduled shift during which the
employee remains on continual duty and is
responsible for assigned duties.
3.15 SENIORITY:
Length of continuous service with the department.
3.16 SEVERANCE PAY:
Payment made to employees upon termination of
employment
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4.1 The UNION agrees that during the life of this Agreement, it will not cause,
encourage, participate in, or support any strike, slowdown or other interruption of or
interference with the normal functions of the EMPLOYER.
5.1 The Employer retains the full and unrestricted right to operate and manage all
manpower, facilities, and equipment; to establish functions and programs; to set
and amend budgets; to determine the utilization of technology; to establish and
modify the organizational structure; to select, direct and determine the number of
personnel; to establish work schedules; and to perform any inherent managerial
function not specifically limited by this Agreement. Any terms and conditions of
employment not specifically established or modified by this Agreement shall remain
solely within the discretion of the Employer to modify, establish or eliminate.
6.1 The EMPLOYER shall deduct from the wages of employees who authorize such a
deduction in writing, an amount necessary to cover monthly union dues. Such
monies shall be remitted as directed by the UNION.
6.2 The UNION shall 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 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 City as a
result of any action taken or not taken of the City under the provisions of Article VI.
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 - 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 shall be
allowed a reasonable amount of time without loss in pay when a grievance is
investigated and presented to the City during normal working hours, provided that
the employee has 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 City.
7.4 Procedures - A grievance as defined by Article 7.1 shall be resolved in conformance
with the following procedures:
Step I
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 Deputy Director for the division. The
Deputy Director 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 provisions of this Agreement allegedly violated, and the
remedy requested and shall be appealed to Step 2 within ten (10) calendar days
after the Deputy Director's final answer in Step 1. Any grievance not appealed in
writing in Step 2 by the employee within ten (10) calendar days shall be considered
waived. This step shall be omitted if the Department Head is also the immediate
supervisor.
Step 2
If appealed, the written grievance shall be presented by the employee and
discussed with the Director of Public Safety. The Director of Public Safety shall give
the employee the City'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 final Step 2 answer.
Any grievance not appealed in writing to Step 3 by the employee within ten (10)
calendar days shall be considered waived.
Step 3
If appealed, the written grievance shall be presented by the employee and
discussed with the City Administrator or designee. The City Administrator or
designee shall give the employee the City's answer in writing within ten (10)
calendar days after receipt of such Step 3 grievance. A grievance not resolved in
Step 3 may be appealed to Step 4 within ten (10) calendar days following the City
Administrator or designee's final answer in Step 3. Any grievance not appealed in
writing to Step 4 by the employee within ten (10) calendar days shall be considered
waived.
Step 4
A grievance unresolved in Step 3 and appealed to Step 4 shall be submitted to
arbitration, subject to the provisions of the Public Employment Labor Relations
Page 7
Action 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 State Bureau of Mediation Services. If the employee or the EMPLOYER
representative is on vacation, sick, or absent from work, the time for the processing
of such grievance will be extended by that time.
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 City
and the employee, and shall have no authority to make a decision on any other
issue(s) 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
City and the employee 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 this arbitrator's services and proceedings shall be
borne equally by the City 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 City's last answer. If the City does not answer a grievance or an
appeal thereof within the specified time limits, the employee may elect to treat the
grievance as denied at that step and immediately appeal the grievance to the next
step. The time limit in each step may be extended by mutual agreement of the City
and the employee.
8.1 The Agreement is subject to the laws of the United States, the State of Minnesota,
and the EMPLOYER. In the event any provision 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 provisions may be renegotiated at the request of either party.
Page 8
9.1 Employees shall have the rights granted to all citizens by the United States and
Minnesota State Constitutions.
9.2 The City and the UNION agree to continue to follow a policy of nondiscrimination on
the basis of race, color, religion, national origin, or sex.
10.1 A policy of seniority based on total service within the police officers' bargaining unit
shall be formulated that will give regular employees with longer period of service an
opportunity for promotion and also to provide employment security, provided the
employee is qualified.
10.2 There shall be a seniority list established which shall be based on total service
within the police officers' bargaining unit, except in the case of an involuntary layoff
or demotion, where it will be based on total service within the department.
10.3 In the event of layoff, the reduction of the work force will be accomplished on the
basis of seniority. Employees shall be recalled from layoff on the same basis of
seniority. No new employee shall be hired until the layoff list has been exhausted.
Employees laid off will have an opportunity to return to work within two years from
their layoff date. Employees recalled shall report to work within two weeks after
notice was sent to their last known address. Failure to report as stated above,
employee forfeits their recall right.
10.4 No regular employee shall be laid off out of turn on the seniority list within the
department.
10.5 Vacation periods shall be selected on the basis of SENIORITY with the
EMPLOYER until January 31 for the months January through June 30
Vacation periods shall be selected on the basis of SENIORITYwith the EMPLOYER
until March15 for the months of July through December 31
10.6 Any employee exercising rights under the Family and Medical Leave Act will accrue
seniority during the term of such leave.
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11.1 The City will discipline employees for just cause only. Discipline will be in the form
of:
A. Oral reprimand;
B. Written reprimand;
C. Suspension;
D. Demotion;
E. Discharge.
11.2 Suspension, demotion and discharge will be in written form.
11.3 Written reprimands, notices of suspension and notices of discharge shall become
part of the employee's personnel file and shall be read and acknowledged by the
employee. An employee will receive copies of reprimands and /or notices.
11.4 Employees may examine their own individual personnel record at reasonable times,
under the direct supervision of the City.
11.5 Discharge will be preceded by a five (5) day suspension without pay.
11.6 Grievances pertaining to this Article shall be initiated by the employee in Step 1 of
the grievance procedure, under Article VII.
11.7 In the event of discharge, the employee and his /her representative shall be entitled
to a hearing before the City Council if requested in writing within five (5) days of
discharge. The hearing shall take place within ten (10) days of receipt of said notice.
If it is then determined that the employee has been unjustly discharged, he /she shall
be reinstated at once and all wages and other benefits lost during his /her time off
shall be credited to him /her.
11.8 Suspensions for disciplinary reasons may be made for periods not exceeding thirty
(30) working days in any twelve (12) month period for just cause. The Department
Head shall provide the employee with a written statement of the reasons for the
suspension within twenty -four (24) hours of suspension. Upon the request of the
employee or his /her representative, made within five (5) days of the suspension,
he /she shall be entitled to a hearing before the City Council within ten (10) days of
the receipt of the request, on the merits of the suspension, after which the City
Council may rescind, modify or uphold the suspension.
11.9 Employees shall not be questioned concerning an investigation of disciplinary action
unless the employee has been given an opportunity to have a UNION
representative present at such questioning.
12.1 The sole authority to establish and revise work schedules is that of the EMPLOYER.
The normal work week shall be an averaged forty (40) hours. The work year will be
2080 hours. At the beginning of each year, each police officer will be credited for 88
hours for holidays, leaving a work schedule commitment of 1992 hours. In no case
shall an employee work more than 2080 hours in any one calendar year at straight
time (paid work time, compensatory time, annual leave time, eighty -eight (88) hours
holiday time, and training time will be credited toward 2080 hours.)
12.2 The City will give five (5) days' advanced written or oral notice to the employee
affected by establishment of work days different from the employee's regular work
schedule. Written notice shall not be given on days off.
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12.3 The City may change the schedule of an employee with less than five (5) days'
advanced notice, after exhausting all other avenues of filling that shift prior to the
schedule change. In the event that work is required because of an emergency
situation, such as, but not limited to, fire, flood, snow, sleet, breakdown of municipal
equipment or facilities, or because an employee failed to report to work because of
illness, no advance notice need be given. An employee working other than the
normal work day shall not normally be scheduled to work more than the regular
patrol shift; however, each employee has an obligation to work overtime or
callbacks, if requested, unless unusual circumstances prevent him /her from so
working.
12.4 An employee who is scheduled to work during changes in daylight savings time
shall account for the time change as follows: Employees working one hour longer
then their normal shift shall receive one (1) hour pay at one and one -half (1 ''/2) time
the employee's base pay rate. Employees working one hour less then their normal
shift shall submit a time off slip that deducts one (1) hour towards their yearly 2080
hour balance.
13.1 Employees will be compensated atone and one -half (1 -1/2) times the employee's
regular base pay rate for hours worked in excess of the employee's regularly
scheduled shift. Changes of shifts do not qualify an employee for overtime under
this Article.
13.2 Overtime will be distributed as equally as practicable. The parties recognize that
special circumstances exist —that officers in different classifications or assignments
may have more or less opportunity for overtime pay.
13.3 For the purpose of computing overtime compensation, overtime hours worked shall
not be pyramided, compounded, or paid twice for the same hours worked.
13.4 The Department Head has the discretion to grant compensatory time in lieu of
overtime, which shall be computed at time and one -half. All compensatory time
shall be taken at the discretion of the Department Head. A supervisor may
authorize the taking of up to two scheduled shifts at the discretion of the Chief or a
designated supervisor.
14.1 An employee who is required to appear in court during his /her scheduled off duty
time shall receive a minimum of two (2) hours pay at one and one -half (1 times
the employee's base pay rate. An extension of or early report to a regularly
scheduled shift for court appearance does not qualify the employee for the two (2)
hour minimum.
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14. 2 An employee who is required to appear in court on his /her scheduled day off will
receive a minimum of four (4) hours pay at one and one -half (1 -1/2) times the
employee's base pay rate.
14.3 An employee who is required to appear in court and the court appearance is
canceled less than twenty -four (24) hours before the employee's scheduled
appearance shall be entitled to overtime pay as provided in Sections 14.1 and 14.2.
15.1 An employee called in for work at a time other than his /her normal scheduled shift
will be compensated for a minimum of two (2) hours pay at one and one half (1 -1/2)
times the employee's base pay rate.
15.2 An employee who is required to answer a medical pageout will receive a minimum
of four (4) hours pay at one and one -half (1 -1/2) times the employee's base pay
rate, regardless of whether it is the employee's scheduled day off or scheduled work
day. Shift extension or early report to duty within four (4) hours of the
commencement of a scheduled shift shall be treated under Section 13.1 and shall
not be subject to the four (4) hour minimum.
16.1 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.
16.2 Any paramedic on standby shall receive a flat fee of $50.00 for each 4 consecutive
hours of being on pager, or immediate direct dial contact, and available for
immediate medical responses.
17.1 The EMPLOYER shall carry and pay for $500,000 of insurance covering employees
for claims made against them for (1) negligent operation of a City vehicle; (2) false
arrest; (3) false imprisonment or detention; and (4) malicious prosecution. No
employee will be covered for personal injury arising out of the willful violation of a
penal statute ordinance committed by or with the knowledge or consent of any
employee.
17.2 Any employee who is charged with a traffic violation, ordinance violation or criminal
offense arising from acts performed within the scope of his /her employment, when
such act is performed in good faith and /or under direct order of his /her supervisor,
shall be reimbursed for reasonable attorney's fees and court costs actually incurred
by such employee in defending against such charge.
18.1 Regular job vacancies shall be filled on the concept of promotion from within,
provided that applicants:
A. have the necessary qualifications to meet the standards of the
vacant job; and
B. have the ability to perform the duties and responsibilities of the
vacant job.
18.2 The City has the final decision in the selection of employees to fill posted jobs,
based on qualifications, abilities and experience.
18.3 Job vacancies will be posted for fourteen (14) calendar days so that interested
employees can be considered for such vacancies.
18.4 Assignment to investigations will be made at the sole discretion of the Employer.
The Director may renew or terminate this assignment based upon the job
performance of the employee while assigned in this capacity.
19.1 All newly hired or rehired employees will serve a twelve (12) month probationary
period.
19.2 All employees will serve a twelve (12) month probationary period in any job
classification, in which the employee has not previously served a probationary
period.
19.3 At any time during the probationary period, a newly hired or rehired employee may
be terminated at the sole discretion of the City.
19.4 At any time during the probationary period a promoted or reassigned employee may
be demoted or reassigned to the employee's previous position at the sole discretion
of the City.
20.1 The EMPLOYER agrees to pay up to $745 per year in 2010 and 2011 as uniform
allowance and uniform repair for all employees listed in this Agreement. Said style
and color of uniforms are to be selected by the Director of Public Safety of the City.
The EMPLOYER shall provide the required uniform allowance on a debit card. The
balance on the card shall not exceed $1,950. The debit card shall be set up in such
a way to allow the EMPLOYEE to remove funds via an ATM machine.
The EMPLOYER will comply with applicable state law regarding provision of
Page 13
personal body armor.
20.2 Any purchases made and /or cash withdrawn from an ATM within 60 calendar days
of an employee's voluntary resignation or retirement on the uniform debit card will
require reimbursement to the City for said purchases and withdrawals. The
Employer may grant a waiver of this provision for replacement or repair of material
damaged in the line of duty, or at the employer's discretion.
20.3 Upon commencing employment, newly hired employees shall receive an initial issue
of necessary uniform items. New employees will not receive the uniform allowance
until one year following the date of hire. The uniform allowance will be prorated.
The month an employee passes his /her probationary period will not count towards
the prorated allowance.
20.4 Initial Issue Payback — a) If employee fails to complete the probationary period
they must reimburse the City for initial issue costs not recoverable to the City. b)
If an employee voluntarily resigns within their probationary period, they will be
required to reimburse the City of Cottage Grove for the costs of the initial
provision of uniforms and equipment. c) This language does not apply when
resignation is due to performance issues.
20.5 The EMPLOYER will pay the full cost of each sworn officer's P.O.S.T. license,
including initial and renewal fees.
21.1 In lieu of holidays off, each employee will receive 56 hours of pay at his or her
regular rate of pay with the first check in June of each year. Each employee shall
receive another 56 hours of pay at his or her regular rate of pay with the first
paycheck in December of each year.
21.2 Employees who start or leave employment during the year shall have this holiday
compensation prorated at 9.3 hours of regular pay per complete month of
employment.
21.3 Floating Holiday — To be scheduled with the permission of the employee's
supervisor. Provided on a pro rated basis based on actual completed months
worked.
22.1 Effective January 1, 1991, each full -time employee shall earn annual leave at a
monthly rate which will total the following amount of annual leave:
O through 7 years of City employment ............................144 hours per year
8 through 15 years of City employment ..........................192 hours per year
15+ years City employment ................ ............................208 hours per year
22.2 Except in the case of injury or illness, annual leave may only be taken upon
approval of the employee's supervisor, which approval shall not be unreasonably
withheld. Except in the case of injury or illness, no annual leave shall be granted
until the employee has completed 1,040 hours of work.
22.3 Annual leave earned shall be accrued and the total number of earned annual leave
hours shall be provided to the employee each pay period. Annual leave with pay
may not be taken unless it has been earned. Except in the case of injury or illness,
no employee shall be allowed to take more than 160 consecutive hours of annual
leave at one time.
22.4 Employees who terminate employment with the City and have annual leave time
remaining shall be paid for their accrued annual leave, except for probationary
employees who have not achieved regular status employment.
22.5 An employee who uses annual leave for illness or injury maybe required to present
evidence that he or she is again able to perform the duties of his or her
employment.
22.6 Annual leave must be taken in increments of no less than one (1) hour.
22.7 Except as provided in the conversion section below, no employee may carry over
more than 240 hours of accumulated annual leave from one year to the next. In the
event that an employee has in excess of 240 accumulated hours of annual leave
after completion of the last full pay period in the calendar year, the employee's
accrued annual leave shall be reduced to 240 hours.
BALANCES
23.1 Effective January 1, 1991, each employee's existing vacation and sick leave
balances shall be converted to annual leave as follows:
Accumulated vacation leave shall be converted at the rate of one (1) hour of annual
leave for each hour of earned, accrued vacation leave, without limitation.
Accumulated sick leave shall be converted according to the following formula:
The first 360 hours or less of earned, accumulated sick leave shall be converted at
the rate of one (1) hour of annual leave for each hour of sick leave.
The next 361 to 720 hours of earned, accumulated sick leave shall be converted at
the rate of one (1) hour of annual leave for each two (2) hours of sick leave.
All earned, accumulated sick leave in excess of 720 hours shall be converted at the
rate of one (1) hour of annual leave for each three (3) hours of sick leave .
Page 16
23.2 Employees who, as a result of this conversion, exceed the maximum carryover
limitation may carry over as a maximum, the same number of hours to which their
accumulated vacation and sick leaves converted. However, should an employee's
accrued annual leave exceed this maximum after completion of the last full pay
period in the calendar year, the employee's accrued annual leave shall be reduced
to the maximum as computed herein.
23.3 Once per year, on either the first pay period after April 1 or the first pay period after
October 1, any employee who has completed at least seven (7) years of service
with the City may exchange up to twenty -four (24) hours of accumulated annual
leave for payment equal to twenty -four (24) hours of pay at his /her current rate. Any
employee who has completed at least fifteen (15) years of service with the City may
exchange up to forty (40) hours accumulated annual leave for payment equal to
forty (40) hours of pay at his or her existing rate.
23.4 In addition, any employee whose converted hours exceed the maximum carryover
limitation of 240 hours, may exchange up to an additional forty (40) hours of pay per
year at his or her existing rate for that accumulated leave in excess of forty (40)
hours. Should an employee elect to exchange such additional leave, as
hereinbefore provided, that additional exchange shall reduce the employee's
maximum hours by the same number of hours exchanged for pay.
24.1 Short -term disability benefits shall be paid to such an employee who shall have
missed twenty (20) consecutive working days' employment due to illness or injury.
24.2 The amount of the short -term disability benefit payable shall be the difference
between the employee's regular rate of pay, in effect at the time of the injury or
illness, unless otherwise approved by the City Administrator or his /her designee
and any payment(s) the employee receives or anticipates receiving in the nature of
wage loss replacement whether it be from Long -term Disability, Personal
Short -term Disability, workers compensation, PERA disability, OASDI, personal
injury protection, or any other source, payable from the 21st working day following
the employee's initial absence from work due to injury or illness and continuingfora
maximum of ninety (90) working days. The intent of this benefit is to make
employees whole for qualifying illnesses and /or injuries.
24.3 Any employee receiving payments under the short -term disability benefit plan shall
not accrue annual leave during the period of time of disability. In order to qualify for
short -term disability benefit, the employee shall submit medical documentation from
a physician certifying that the first twenty (20) consecutive working days of the
employee's absence was due to injury or illness.
24.4 In order to continue receiving short -term disability benefits, an employee must
submit medical documentation substantiating the disability for the duration of the
disability at the City's request from a physician certifying that the absence from work
is due to injury or illness.
Page 16
24.5 The employee shall further provide the City a release of medical information
authorizing the City or its agents access to the employee's medical records relevant
to the specific injury or illness in question for the purpose of sustaining disability.
24.6 The employee shall, if required or requested, submit to an examination at the City's
expense by a physician designated by the City in order to verify the injury or illness
claimed by the employee.
24.7 Before qualifying for short -term disability benefits, an employee must complete all
required City forms. In order to continue to receive short -term disability benefits, all
required City forms must remain in effect for the duration of the disability.
24.8 Each new event which results in short -term disability benefits shall be preceded by a
new waiting period of twenty (20) consecutive working days. Each new event shall
be subject to the provisions of Article.
24.9 If an employee returns to work on a part -time basis during the ninety (90) day
benefit period, each day in which the employee is able to work four (4) or more
hours per day shall count as one (1) day toward the ninety (90) day benefit period.
Each day in which an employee is able to work less than four (4) hours per day shall
count as one -half (1/2) day toward the ninety (90) day benefit period.
W rolIFA MM TAVi72[el wliy
25.1 After four (4) years of continuous employment, each employee shall be paid three
percent (3 %) of the employee's base rate.
25.2 After seven (7) years of continuous employment, each employee shall be paid
supplementary pay of five percent (5 %) of the employee's base rate.
25.3 After ten (10) years of continuous employment, each employee shall be paid
supplementary pay of seven percent (7 %) of the employee's base.
25.4 After thirteen (13) years of continuous employment, each employee shall be paid
supplementary pay of nine percent (9 %) of the employee's base rate.
26.1 An employee who serves on jury duty shall be entitled to receive his /her usual
compensation for those hours missed from work resulting from actual jury
service, subject to a deduction in the amount of compensation received for
such jury duty.
26.2 Employees assigned to jury duty will be responsible for their normal scheduled
shirt hours of work, reduced by the amount of time served on jury duty. An
employee required to report for jury duty will be assigned to the day shift. If the
Page 17
employee is excused from the jury duty, he /she must return to work and
complete the scheduled shift.
h1:i Fi} : ; li#1i!Ii11 Ys711111a111VA9a]iA[w'
27.1 Employees injured while on duty shall be paid his /her regular base rate of pay for a
period not to exceed sixty (60) working days, beginning with the first (Ist) working
day after such injury. All Workers' Compensation benefits paid during this period will
be either assigned to the City or be deducted from the employee's regular rate of
pay. Also, during this period, no time shall be charged against the employee's
annual leave or other accumulated benefits. On duty shall mean all work assigned
by and paid for by the City.
27.2 The City agrees to pay a reasonable replacement cost for an employee's glasses,
hearing aid, or any other type of prosthetic device broken while in the performance
of duties.
28.1 This Agreement shall be effective as of the 1st day of January 2010, and shall
remain in full force and effect until the 31 st day of December 2011.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this day
of
2011
FOR THE CITY OF COTTAGE GROVE FOR COTTAGE GROVE POLICE
OFFICERS FEDERATION,
Mayor
City Administrator
Steward
Steward
k1 =14MIDIMA
WAGE SCHEDULE
1. Effective December 31, 2010, the following wage rate shall apply:
HOURLY
POLICE OFFICER BASE WAGE
2.0% Increase
Starting Base Rate .......................................... ...............................
$23.43
After six (6) months of Continuous Employment ............................
$26.06
After twelve (12) months of Continuous Employment ....................
$27.43
After eighteen (18) months of Continuous Employment ................
$28.38
After twenty -four (24) months of Continuous Employment ............
$29.25
After thirty (30) months of Continuous Employment .......................
$29.96
After thirty -six (36) months of Continuous Employment.. .........
..... $30.86
2. Effective January 1, 2011, the following wage rate shall apply:
HOURLY
POLICE OFFICER BASE WAGE
1.0% Increase
Starting Base Rate .......................................... ...............................
$23.66
After six (6) months of Continuous Employment _ .........................
$26.32
After twelve (12) months of Continuous Employment ....................
$2770
After eighteen (18) months of Continuous Employment ................
$28.66
After twenty -four (24) months of Continuous Employment ............
$29.54
After thirty (30) months of Continuous Employment... ... ................
$30.26
After thirty -six (36) months of Continuous Employment .................
$31.17
3. Effective July 1, 2011, the following wage rate shall apply:
POLICE OFFICER
HOURLY
BASE WAGE
0.0% Increase
Starting Base Rate .......................................... ............................... $23.90
After six (6) months of Continuous Employment ............................ $26.58
After twelve (12) months of Continuous Employment .................... $27.98
After eighteen (18) months of Continuous Employment ................ $28.95
After twenty -four (24) months of Continuous Employment ............ $29.84
After thirty (30) months of Continuous Employment ....................... $30.56
After thirty -six (36) months of Continuous Employment ................. $31.48
All designated police officers are defined in Article ll. Section I expressly authorized
by the EMPLOYER to perform full -time detective duties shall receive a differential of
five percent (5 %) per month above the monthly wage for a police officer after
thirty -six (36) months of continuous employment (or pro rated for less than a full
month) in addition to their regular base rate of pay.
3. Certified paramedic differential — For 2010 and 2011: A differential of seven percent
(7 %) of the hourly wage for a police officer after thirty -six (36) months of continuous
employment effective upon ratification of this contract.
4. A promoted employee will start at the beginning salary for the position he /she was
promoted to except if the promoted employee is earning more than the beginning
salary of the position he /she is promoted to, he /she will advance to the next highest
pay grade for that position and remain in that pay grade for a period of twelve (12)
months from the date of promotion.
5. The parties recognize that Nine Dollars ($9.00) of the monthly salary has been
negotiated in lieu of giving up personal days.
.. 1
Iumpl
The EMPLOYER shall pay a maximum contribution per month per employee.
The contribution may be used toward the premium for group medical coverage.
Employer Contribution
The employer contribution into the employee's HSA will be on a monthly basis (1/12
each month). The employer contribution amount is provided on a matching basis of
2 (two) employer dollars for every 1 (one) dollar contributed by the employee, up to
the annual employer maximum.
All new employees must enroll in a minimum of single medical coverage.
Employees who are currently waiving insurance and receiving waiver compensation
will continue to receive the waiver compensation. Employees not currently waiving
will have a one time opportunity to waive coverage during the 2010 Open
Enrollment period. They will not, however, receive any compensation for waiving
coverage. If an employee receiving the waiver compensation elects City insurance
and then waives again, they will not be eligible for the waiver compensation.
Page 21
2010
Single:
MIC Choice $1000 ded
90% of premium
old HP61 & hd14
100% of premium plus $600* contribution into
HSA (on matching basis)
HSA
*The City will also contribute 50% of a
(old HSA2000)
deductible increase. Example: if deductible
moves from $2,300 to $2,400, the City would
contribute $50 for a total of $650.
Family:
MIC Choice $1000 ded
Same as Base plan contribution toward HSA
old HP61 & hd14
premium
75% of premium plus $1,200* contribution into
HSA (on matching basis)
HSA
*The City will also contribute 50% of a
(old HSA2000)
deductible increase. Example: if deductible
moves from $4,600 to $4,800, the City would
contribute $100 for a total of $1,300.
Waiver for those
grandfathered in
$225
(waiving before 1/1/2006)
The employer contribution into the employee's HSA will be on a monthly basis (1/12
each month). The employer contribution amount is provided on a matching basis of
2 (two) employer dollars for every 1 (one) dollar contributed by the employee, up to
the annual employer maximum.
All new employees must enroll in a minimum of single medical coverage.
Employees who are currently waiving insurance and receiving waiver compensation
will continue to receive the waiver compensation. Employees not currently waiving
will have a one time opportunity to waive coverage during the 2010 Open
Enrollment period. They will not, however, receive any compensation for waiving
coverage. If an employee receiving the waiver compensation elects City insurance
and then waives again, they will not be eligible for the waiver compensation.
Page 21
The EMPLOYER shall pay a maximum contribution per month per employee. The
contribution may be used toward the premium for group medical coverage.
Employer Contribution
Single- 100% of premium
Single + One- 70% of premium
Single + Children- 70% of premium
Family- 70% of premium
HSA Elect Plan
Single- 100% of premium
Single + One- 70% of premium
Single + Children- 70% of premium
Family- 70% of premium
Both plans have a, $4,500- single and $9,000- all others, deductible. However, the
employee will be responsible for, $2,500- single and $5,000- all others, of the
deductible amount. The remainder will be covered by the employer through a HRA. Of
the $2,500/$5,000 amount the employer will contribute $1,000/$2,000 in to the
employee's HSA, on a matching basis. The employer contribution amount is provided
on a matching basis of 2 (two) employer dollars for every 1 (one) dollar contributed by
the employee, up to the annual employer maximum. The employer HSA contributions
will be made in four equal payments, the first pay dates in January, April, July and
October. Both plans will have an imbedded deductible. There is an 80/20 payment
arrangement once the deductible is met, whereby the insurance company pays 80
percent and the employee /employer pay the other 20 percent, up to an out of pocket
maximum. The out of pocket maximums are, $5,800- single and $11,600- all others. If
the employee /employer experience out of pocket costs, the employer will cover the first
$850- single and $1,700- all others. The employee is then responsible for $450- single
and $900- all others.
Employees currently receiving waiver compensation will continue to receive waiver
compensation. It will be $225 /month for full -time employees and $112.50 /month for regular
part -time benefit eligible employees. Employees who waive but do not receive waiver
compensation may still waive but will not receive any waiver compensation. All new
employees must enroll in a minimum of single medical coverage. If an employee receiving
waiver compensation elects City insurance and then waives again in the future, they will
not be eligible for the waiver compensation.
The City will reconvene the Insurance Committee if significant changes to the health
insurance plan design are anticipated.
■..-
2. The EMPLOYER agrees to pay the premium for a Twenty Thousand Dollar
($20,000) life insurance policy on each employee.
3. The City shall contribute up to $29.00 per month per employee for a long -term
disability policy. This policy will be a taxable benefit to the employee and will be
reflected as such on his /her paycheck.
4. A reduction in total benefits shall be negotiated by the employee organization and
the City.
5. Each employee shall contribute 1 % of their gross salary through payroll deduction to
an individual Health Care Savings Plan. Also, upon separation from employment
with the City, 50% of any unused annual leave will be deposited into the Health
Care Savings Plan.
.,..
AGREEMENT AND UNDERSTANDING
BETWEEN THE CITY OF i 4
!'
TYE C OTTAGE y 1 ' i J
This Agreement is an addendum to the Union Contract in place for the Cottage Grove
Police Officers Federation, Inc. for the years 2010 and 2011. The Agreement allows for:
1. Amendment to the existing conditional offer of employment for the position of
police officer regarding the selection and removal of an employee from the
paramedic program. (Attachment C)
2. EMT -Basic and EMT- Paramedic Training Reimbursement Agreement
(Attachment D). This Agreement outlines the terms and conditions of a police
officer being trained as a paramedic.
Signed and Agreed to:
Director of Public Safety
Date
Cottage Grove Police Officers Federation, Inc. Date
Attachment A
Date
Name
Address
City /State /Zip
Dear
Please accept this letter as a conditional offer of employment for the position of Police
Officer with the City of Cottage Grove, Department of Public safety, to begin on
. Your employment is contingent upon the following:
1. You must successfully pass a job related psychological examination prior to
employment.
2. You must successfully pass a job related physical examination and
drug /alcohol /hearing screen prior to employment.
3. The City Council must approve your appointment to the position of Police Officer
at an upcoming Council meeting.
4. You must be Post License eligible or Post licensed by the Minnesota Post Board
by the time of appointment.
5. When designated by the Director of Public Safety for the Paramedic
Program, you do not have the option of withdraw from this job duty.
Selection for and removal from the Paramedic Program is solely at the
discretion of the Director of Public Safety.
6. You must accept and sign this conditional offer of employment and return it to
the City of Cottage Grove.
Sincerely,
Director of Public Safety
Applicant's Name
Date
Attachment B
CITY OF . GROVE
a
This agreement is entered into between the City of Cottage Grove (City) and the
undersigned employee of the Cottage Grove Police Department ( )
Employee
(candidate) desires to be sponsored for the following
positions: EMT -Basic and /or EMT - Paramedic. Employee understands that the City and
employee has entered into this agreement willfully and with the understanding that all
terms and conditions are to be met for completion of the employee /employer
agreement. Candidate will be subject to working the department's approved schedule
for a total of 1992 hours per the Cottage Grove Police Officers Federation, Inc. contract.
A. The City agrees to allow the candidate to work full -time as a police officer (union
position) for the City of Cottage Grove and will pay for necessary tuition and
books for EMT -Basic and Paramedic classes.
B. The candidate will be allowed shift adjustment (not overtime) to complete and
attend all necessary training and classroom instruction to obtain EMSRB and
National Certifications in EMT -Basic and Paramedic courses.
C. The candidate will be allowed to have one complete set of tests to obtain the
EMT -Basic and paramedic certifications within one year of the start of both
programs. Re- testing if needed, will be at the candidate's expense.
D. Candidate will be responsible for department training and duties and must fulfill
all school /EMSRB /National Registry requirements to be certified as an EMT -
Basic and EMT - Paramedic within one year.
E. Candidate agrees to serve as a paramedic (EMSRB - National Registry) for a
period of five years after successful completion of certifications as a Police
Officer /Paramedic.
Payment of training cost fees — In exchange for the candidate's compliance with
the terms of this agreement, Cottage Grove Police Department agrees to pay the
candidate's training costs and fees associated with obtaining initial EMSRB and
National Registry Certification.
1.1 City will pay for initial EMT - Basic /EMT - Paramedic training tuition fees and
approved books /training materials for site training.
1.2 City will pay for initial EMSRB and National Registry exams. Candidate will
pay for any additional tests or retesting including travel expenses for said
exams.
1.3 CPR and other mandatory law enforcement training will be maintained by
the candidate to remain POST certified.
2. Employee commitment — Candidate shall not be required to reimburse the City
for training and fee costs if, upon completion the candidate obtains EMSRB and
National Registry Certification for EMT -Basic and EMT - Paramedic certifications
within one year period.
Candidate will have to reimburse training costs to the City if:
2.1 Candidate does not provide skills and abilities as an EMT -Basic and EMT -
Paramedic to the best of their abilities by Medical Control standards for a
period of five years after completion of training.
2.2 Candidate fails to successfully complete or maintain all mandatory training
within one year.
2.3 If medical or military leave is granted, the candidate agrees to resume
training immediately after returning to full duty status.
2.4 Termination of the candidate's role as an EMT- Paramedic for poor job
performance or misconduct.
2.5 Failure to complete any field training or its equivalent.
2.6 Failure to complete any probationary period.
1. The candidate agrees that in the event the candidate fails to meet any of the
requirements of this agreement, the candidate becomes obligated to pay back
the City of Cottage Grove for all tuition, fees, books, supplies, uniforms and
equipment associated and involved for the EMT -Basic and EMT-Paramedic
courses. Repayment shall be paid in accordance with the following:
1.1 100% paid back to the City if the candidate fails for whatever reason to
complete less than one year of service as a police officer /paramedic;
completion of EMT -Basic and EMT- Paramedic courses with EMSRB and
National Registry Certifications.
1.2 75% payback to the City if the candidate fails to complete two years of
service as a police officer /paramedic certified EMSRB and National
Registry.
1.3 50% payback to the City if the candidate fails to complete three years of
service (same as above).
1.4 25% payback to the City if the candidate fails to complete four years of
service (same as above).
1.5 No payback to the City if the candidate leaves employment after five years
of service to the City as a police officer /paramedic.
2. Paramedic Differential — After successful completion of the EMT -Basic and EMT
Paramedic, National Registry, EMSRB and Field Training, the candidate will
receive the same pay differential as other Police Officer /Paramedics listed in the
pay scale of the Cottage Grove Police Officers Federation, Inc. contract.
3. Candidates will work their normal duty shifts with adjustments made to that
schedule for training purposes. In no event will overtime be used unless if it falls
within the contractual guidelines for shift extension or overtime per the Cottage
Grove Police Officers Federation, Inc. contract.
4. Meals, mileage and travel time- Meals and expenses will be compensated per
diem as listed in the City personnel policy. A city vehicle will be made available
for school and training as needed. Use of a city vehicle is to be scheduled in
advance by the Division Commander. Travel time — time spent by the candidate
attending courses or training will be duty time or compensated as 2080 per the
Cottage Grove Police Officers Federation, Inc. contract.
.tt *-
Director of Public Safety
Date
I• -
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