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Home My WebLink About2012-06-20 PACKET 04.G.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM# DATE 6/20/2012 to % PREPARED BY: Administration Joe Fischbach ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST: Consider approving the 2011 and 2012-2014 Sergeants labor contracts. STAFF RECOMMENDATION: Approve the 2011 and 2012-2014 Sergeants labor contracts. BUDGET IMPLICATION: $ $ BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE ADVISORY COMMISSION ACTION: DATE REVIEWED ❑ PLANNING ❑ ❑ PUBLIC SAFETY ❑ ❑ PUBLIC WORKS ❑ ❑ PARKS AND RECREATION ❑ ❑ HUMAN SERVICES/RIGHTS ❑ ❑ ECONOMIC DEV. AUTHORITY ❑ ❑ ❑ SUPPORTING DOCUMENTS: APPROVED DENIED ❑ F ❑ ❑ ❑ ❑ ❑ ❑ 0 El ❑ ® MEMO/LETTER: Memo from Joe Fischbach dated 6/15/2012 F RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: OTHER: labor contracts ADMINISTRATORS COMMENTS: ity Administrator Date COUNCIL ACTION TAKEN: [ ❑ DENIED E]OTHER CITY OF COTTAGE GROVE MINNESOTA To: Honorable Mayor and City Council From: Joe Fischbach, Human Resources Coordinato Date: June 15, 2012 Subject: 2011 & 2012 -2014 Sergeants Labor Contracts Introduction The City and the Sergeants labor union have tentatively agreed to 2011 and 2012 -2014 labor agreements, subject to City Council approval. Background The City has a consistent history of parity regarding wages, handling of medical benefits, and most major language issues (such as leaves, overtime and the like) back to the early 1990's. This also includes consistency in external wage comparisons among individual labor groups and their external market. Over the past 15 years parity in wages among organized groups and non - represented personnel has only varied twice within the general wage adjustment. In both of those circumstances the variation was created by an arbitrator's award to an essential employee group. The most recent situation within which this occurred was in the most recent contract period, which was the two year 2010 -2011 contract. Within this contract all settled employee groups received a 1% cost of living adjustment effective January 1, 2011. The lone exception was that an arbitrator awarded the Police Patrol unit an additional 1% wage adjustment effective July 1, 2011. Given that one of the City labor units realized a unique benefit among all employees within the 2011 contract year it has been the City management position throughout negotiations for the next contract period that adjustments will occur in wages that rectify this disparate treatment. As a consequence of this position it was necessary to achieve a wage settlement with the Police Patrol in advance of a settlement with any other employee group; which did in fact occur. This settlement allowed the City to adjust wages for all other groups above the floor settlement set within the Police Patrol unit for 2012 wages. The wage adjustments recommended herein achieve the desired adjustment which, therefore, again achieves internal and external parity in wages. Labor Contract Recommendations The 2011 Sergeants agreement calls for cost -of- living- adjustments (COLA) of 1% on 1/1/2011 and 1% on 7/1/2011. These are the exact same adjustments that the Police Patrol union received. The 2012 -2014 Sergeants agreement calls for cost -of- living- adjustments (COLA) of 2% on 5/21/2012, 2% on 1/1/2013 and 2% 1/1/2014. For 2014 we are also recommending a "look back" provision. Within the look back we will examine the market for all Police Patrol contracts settled as of July 1, 2014. To the extent that the market has accelerated beyond 2% for that year the Police Patrol unit, they would receive an additional market adjustment up to an additional 1 %, on 9/1/2014. The Sergeants would receive the same adjustment, if any, as the Police Patrol union as would personnel in any other settled agreement at this point in time. This language will ensure that our labor groups do not fall below the market for 2015. Again, these wage adjustments and market comparison language are the exact same that the Police A Patrol unit have in their 2012 -2014 labor contract and the same as the AFL -CIO Local 49 for 2013 -14. Other changes within the contract include vacation selection language and streamlining uniform allowance language. Staff has also negotiated with Sergeants the following language regarding the establishment of a Short -term Disability Bank "Bank ". This is the same language approved by Council for Police Patrol, 49ers and Non - represented employees. Effective May 21, 2012, a short -term disability bank (Bank) will be established. This Bank will assist an employee get through the 160 hour waiting period before short-term disability benefits start. The maximum number of hours in each employee's Bank will be 80 hours. Each new and current employee will start with 25 hours in their Bank. Each employee will accrue 1 hour in to their Bank per pay period, up to the 80 hour maximum. Employees must reach the 160 hour waiting period to receive this benefit, no exceptions. This benefit will be paid retrospectively. Once the employee qualifies for short-term disability benefits, all accrued Bank hours will be used to replace unpaid (if any), Annual Leave and Compensatory time hours an employee used to get through the 160 hour waiting period. Bank hours will always replace any unpaid hours first. Bank hours are not transferable to another employee. Bank hours will not be paid out when an employee leaves City employment. The above contract proposals result in costs that are within the 2012 budget and the projected 2013 budget. We believe these wage adjustments are slightly above the average wage adjustments that will occur within the marketplace within 2012 and 2013 (and there is only one market settlement in 2014 to date which is at 2 %). However, we are comfortable with wage settlements slightly above market (which is projected to be within '/2 of 1 % in each contract year) given that, in general, wages for Cottage Grove employees are currently at or slightly below the market for most pay classifications. Further, achieving three year contract terms is of significant benefit to the employer. Action Staff is recommending Council: Approve the 2011 and 2012 -2014 labor contracts with the Sergeants. CITY OF COT TAG c ROME AND II III: IV VI. RECOGNITION EMPLOYER SECURITY UNION SECURITY VIII. SAVINGS CLAUSE IX. CONSTITUTIONAL PROTECTION X. SENIORITY H 8 9's X11. WORK SCHEDULES 10 XIII. COURT TIME 10' XIV. LEGAL DEFENSE 10 XV. JOB POSTING 11 XVI. PROBATIONARY PERIODS 11 XVII. ANNUAL LEAVE 11 XVIII. UNIFORMS & P.O.S.T. License 13 XIX. HOLIDAYS 13 XX. WAGES 14 XXI. INSURANCE 15 XXII. JURY DUTY 17 XXIII, INJURY ON DUTY POLICY 17 XXIV. OVERTIME 18 AP, A TUITION REIMBURSEMENT 3i 3 5 5' 5 19 Affiffi -0T LAW ENFORCEMENT LABOR SERVICES, INC. EMPLOYEE'S UNION, LOCAL NO. 138 FOR 2011 This AGREEMENT is entered into as of January 1, 2011, between the CITY OF COTTAGE GROVE, MINNESOTA, hereinafter called the EMPLOYER, and the LAW ENFORCEMENT LABOR SERVICES, INC. EMPLOYEE'S UNION, LOCAL NO. 138, 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 XXVIL ARTICLE II. RECOGNITION 2.1 The Employer recognizes the following described permanent employees as an exclusive bargaining unit of employees under Minnesota Statutes Section 179.71, Subdivision 3, and the Law Enforcement Labor Services, Inc., as the exclusive representative of said unit: A. Police Sergeants 2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of a new modified job position, the issue shall be submitted to the Bureau of Mediation Services for determination. .,,. ARTICLE III. DEFINITIONS 3.1 Union Law Enforcement Labor Services, Inc., Employee's Union, Local No. 138 3.2 Union Member A member of Law Enforcement Labor Services, Inc. Employees Union, Local No. 138 3.3 Employee A member of the exclusively recognized bargaining unit 3.4 Department Police Department of the City of Cottage Grove 3.5 Employer The City of Cottage Grove 3.6 Department Head The Public Safety Director for the employer- appointed authority 3.7 Base Pay Rate The employee's hourly pay rate 3.8 Scheduled Shift A consecutive work period including rest periods and lunch breaks 3.9 Shift Change A normal change in work schedule in a twenty -four (24) hour period with eight (8) hours between shifts 3.10 Rest Break A period during the scheduled shift during which the employee remains on continual duty and is responsible for assigned duties 3.11 Lunch Break A period during the scheduled shift during which the employee remains on continual duty and is responsible for assigned duties 3.12 Seniority Length of continuous service with the department as a Sergeant 3.13 Severance Pay Payment made to employees upon termination of employment 3.14 Overtime: Work performed at the express authority of the Employer in excess of the employee's scheduled shift. M..- .i ARTICLE IV. EMPLOYER SECURITY 4.1 The Union agrees that during the life of this Agreement, it will not cause, encourage, participate in or support any strike, slowdown or other interruption of or interference with the normal functions of the employer. 5.1 All employees covered by this Agreement shall recognize the prerogative of the City to operate and manage its affairs in all respects in accordance with existing and future laws and regulations of appropriate authorities including, but not limited to, personnel policy and work rules. Any prerogative and authority which the City has not officially abridged, delegated or modified by this Agreement is retained by the City. 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. rT:71 P/_1ki [81 :4 :2 +3AP1I1:7E9 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 and the policies and /or the rules and regulations of the Police Department. 7.2 Union Representative: 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 1. An employee claiming a violation concerning the interpretation or application of this Agreement shall within ten (10) calendar days after such alleged violation has occurred, present such grievance to the Deputy Director for the division, as designated by the City. The Deputy Director for the division 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 Director of Public Safety's 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 .m 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 in Step 4 shall be submitted to arbitration, subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances ", as established by the Public Employment Relations Board. 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. Page 7 ARTICLE VIII. SAVINGS CLAUSE 8.1 This 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 provision shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be renegotiated at the request of either party. ARTICLE IX. CONSTITUTIONAL PROTECTION 9. i Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitutions. 9.2 The City and Union agree to continue to follow a policy of non - discrimination on the basis of race, color, religion, national origin, or sex, as set forth under Title VI of the Civil Rights Act of 1964. 10.1 A policy of seniority within the department shall be formulated that will give regular employees with a 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 include an employee's original date of hire or transfer into 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 his /her recall right. 10.4 No regular employee shall be laid off out of turn on the seniority list. 10.5 Vacation periods shall be selected on the basis of SENIORITY with the DEPARTMENT as a full -time, licensed POLICE OFFICER until December 15 of the previous year for the months January through June. Vacation periods shall be selected on the basis of SENIORITY with the DEPARTMENT as a full -time, licensed POLICE OFFICER until March 15 for the months of July through December 31. ARTICLE XI. DISCIPLINE 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 he in written fnrm. 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 records at reasonable times, under the direction supervision of the office of Administration. 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 or 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 a 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 the 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 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. Page 9 ARTICLE XII. WORK SCHEDULES 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 sergeant will be credited for 88 hours for holidays, leaving a work schedule commitment of 1992 hours. If a sergeant leaves the department during the year this time will be prorated. 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 An employee who is scheduled to work during changes in daylight savings time shall account for the time as follows: Employees working one hour longer than their normal shift shall receive one (1) hour pay at one and one -half (1 'h ) times their base pay rate. Employees working one hour less than their normal shift shall submit a time off slip that deducts one (1) hour towards their yearly 2080 balance. ARTICLE XIII. COURT TIME 13.1 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 -1 /2) 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. 13.2 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. 13.3 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 13.1 and 13.2. ♦, P 14.1 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. 14.2 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, Page 10 shall be reimbursed for reasonable attorney's fees and court costs actually incurred by such employee in defending against such charge. ARTICLE XV. JOB POSTING 15.1 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. 15.2 The City has the final decision in the selection of employees to fill posted jobs, based on qualifications, abilities and experience. 15.3 Job vacancies will be posted for fourteen (14) calendar days so that interested employees can be considered for such vacancies. 16.1 All newly hired or rehired employees will serve a twelve (12) month probationary period. 16.2 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. 16.3 At anytime during the probationary period, a newly hired or rehired employee may be terminated at the sole discretion of the City. 16.4 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. 17.1 Each regular, full -time City employee shall earn annual leave at a bi- weekly rate which will total the following amount of annual leave: Employees with 0 through 7 years City employment 144 hours per year Employees with 8 through 15 years City employment 192 hours per year Employees with 15+ years City employment 208 hours per year Page 11 Each regular, part -time employee shall receive annual leave in proportion to the number of hours he /she works per pay period, in accordance with the above schedule. 17.2 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. Such approval shall consider City service needs. Except in the case of injury or illness or the employee or his /her spouse or minor child, no annual leave shall be granted until the employee has complete one thousand forty (1,040) hours of work. 17.3 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. 17.4 Employees who terminate employment with the City and have annual leave time remaining shall be paid for their accrued annual leave, provided they have completed at least one thousand forty (1,040) hours of employment. 17.5 An employee who uses annual leave for illness or injury maybe required to present evidence that he /she is again able to perform all the duties of his /her job description. 17.6 Annual leave must be taken in increments of no less than one (1) hour. Except as provided for employees converting to annual leave, no employee may carry over more than two hundred forty (240) hours of accumulated annual leave from one year to the next. In the event that an employee has in excess of two hundred forty (240) accumulated hours of annual leave after December 31 of any year, the employee's accrued annual leave shall be reduced to two hundred forty (240) hours. 17.7 Employees who converted to annual leave and who, from vacation and sick leave, exceed the maximum carry-over 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 December 31 of any year; the employee's accrued annual leave shall be reduced to the maximum as computed herein. 17.8 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 /her existing rate. Page 12 17.9 In addition to the foregoing, any employee who converted vacation and sick leave to annual leave and who exceeds the maximum carry -over limitation of two hundred forty (240) hours, may exchange up to an additional forty (40) hours of pay per year at his /her existing rate for that accumulated leave in excess of two hundred forty (240) hours. Should an employee elect to exchange such additional leave, as herein before provided, that additional exchange shall reduce the employee's maximum hours by the same number of hours exchanged for pay. ARTICLE XV111. UNIFORMS & P.O.S.T. LICENSE 18.1 The EMPLOYER agrees to pay up to $775 per year in 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. 18.2 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. 18.3 The EMPLOYER will pay the full cost of each sworn officer's P.O.S.T. license, including initial and renewal fees. ARTICLE XIX. HOLIDAYS 19.1 In lieu of holidays off, each employee will receive 56 hours of pay at his or her regular rate of pay with the first paycheck 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. 19.2 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. 19.3 Floating Holiday — To be scheduled with the permission of the employee's supervisor. Provided on a pro rata basis based on actual completed months worked. Page 13 ARTICLE XX. WAGES 20.1 Schedule A 89.6% 92.4% 80% 83.8% 86.7% 3 years 4 years start 6 months 1 year Sergeants Step A B C 1/112011 (1 %) Hourly rate 32.08 33.60 34.76 7/1/2011 (1 %) Hourly rate 32.40 33.94 35.11 89.6% 92.4% 96.2% 100.0% 2 years 3 years 4 years 5 years D E F G 35.92 37.05 38.57 40.10 36.28 37.42 38.96 40.50 Effective Date Effective .ianuary 1, 2009 Schedule A will replace the existing 2008 pay plan. in creating the new pay plan, the parties recognize that the nature of the Sergeant classification in Cottage Grove involves multiple tasks, assignments and qualifications that fall under the broad scope of requirements for the position. Longevity The parties also recognize the longevity in the existing membership by placing them at Step G of this expanded pay plan. The parties further recognize that Step G of the pay plan includes base pay in the 2008 labor agreement and incorporates the paramedic differential that existed in Article XXV of the 2008 labor contract. Complete Compensation Rather than establish differentials for these specific tasks, assignments, qualifications and years of experience, the parties have adopted Schedule A pay plan to broadly incorporate compensation for all of the various different requirements and experience that may apply to the Sergeant classification into base pay. Intentionally left blank ARTICLE XXI. INSURANCE 21.1 The EMPLOYER shall pay a maximum contribution per month per employee. The contribution may be used toward the premium for group medical coverage. 2011 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. Page 15 Employees not currently waiving health insurance will have a one time opportunity to waive coverage during the 2012 Open Enrollment period. They will not, however, receive any compensation for waiving coverage. The City will reconvene the Insurance Committee if significant changes to the health insurance plan design are anticipated. 21.2 The City shall pay the premium for a Twenty Thousand Dollar ($20,000) life insurance policy on each employee. 21.3 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. 21.4 Short -term disability benefits shall be paid to such a regular employee who shall have missed twenty (20) consecutive working days' employment due to illness or injury. 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 continuing for a maximum of ninety (90) working days. The intent of this benefit is to make employees whole for qualifying illnesses and /or injuries. Any other payments made to the employee because of injury and /or illness must be disclosed to the City in order for the City to coordinate the benefit. 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, such as FMLA paperwork, from a physician certifying that the first twenty (20) consecutive working days of the employee's absence was due to injury or illness. 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. 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. MOM 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. 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. 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. 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. 21.5 Bargaining unit employees will contribute $50.00 per pay period in to the Minnesota State Retirement System (MSRS) Post - employment Health Care Savings Plan (HCSP) and will deposit 100% of any unused Annual Leave in to the plan upon separation from employment. ARTICLE XXII. JURY DUTY 22.1 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. 22.2 Employees assigned to jury duty will be responsible for their normal hours of work in their scheduled shift, reduced by the amount of time served on jury duty. An employee required to report for jury duty will be assigned to the dayshift. If the employee is excused from the jury duty, he /she must return to work and complete the scheduled shift. 23.1 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 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. Page 17 23.2 The City agrees to pay for an employee's eyeglasses, hearing aid, or any other type of prosthetic device broken while on duty. ARTICLE XXIV. OVERTIME 24.1 An employee called back to work at a time other than his /her normal scheduled work schedule, will be compensated for such hours worked a minimum of two (2) hours pay at time and one -half the employee's base rate of pay. 24.2 Employees will be compensated at one 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. Change of shift does not qualify an employee for overtime under this Article. 24.3 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 24.4 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. 24.5 The City Council may authorize the use of accumulated compensatory time by an employee who has exhausted his annual leave. 26.1 This Agreement shall be effective as of the 1st day of January 2011, and shall remain in full force and effect until the 31st day of December 2011. IN WITNESS WHEREOF, the parties hereto have executed this agreement on this day of 2011. CITY OF COTTAGE GROVE Mayor City Administrator LAW ENFORCEMENT LABOR SERVICES LOCAL NO. 138 Agent i.. Steward APPENDIX A TUITION REIMBURSEMENT Any employee who is interested in pursuing further job related training and education opportunities could independently pursue these opportunities under the city's education policy. An employee can take a course at an accredited college /vocational school, and apply for reimbursement for tuition costs per the policy. In addition, these courses would be taken on the employee's own time. Tuition /Book Reimbursement: The City encourages its employees to participate in continuing education in order to improve job performance in their present positions, and to prepare for advancement within the City through self- development. In furtherance of said goal, the City will reimburse an employee for the payment of tuition and the purchase of books when all of the following conditions have been met: a) The course be taken at an accredited college or university, an accredited vocational institution, or is an approved adult education program; b) The employee submits an Education Reimbursement Application form to his /her Department Head prior to the commencement of the course. c) The request for approval shall state, at a minimum: • The name of the college, vocational institution, or adult education course being attended; • The starting date of the course; • The estimated completion date of the course; • An inclusive description of the course, its educational content, and the manner in which this course relates to the employee's current position, or an immediate promotional position to which the employee may advance; • The identification of availability and source of other assistance which the employee is eligible to receive by virtue of enrolling in this educational program; • The number of credits for which the course has been approved; • Whether the course will be taken at a time other than the employee's regular work hours, or whether the employee will need to use leave in order to attend the course; and • Once the form has been approved, it will be returned to the employee. Only after the form is returned and signed, is the employee authorized to proceed. The employee shall return the form, along with receipts and grade reports, upon completion of the course. The above information can be provided on the Education Application form or attached to the form. d) All courses approved for tuition and book reimbursement must be job related; e) The Department Head shall forward the employee's request to the City Administrator or designee; f) Within 30 days following receipt of the request, the City Administrator or designee shall respond to the request, including whether the request is approved or denied. Reasons for denial shall be specified, and may include, but not be limited to: unavailability of funding, the course or program is not reasonably related to the employee's job performance or knowledge, or does not develop skills reasonably necessary for his /her position; g) Upon receiving a C or better for the course, and presentation to the City of a paid receipt for the cost of tuition and books, the City shall reimburse to the employee those amounts for which he /she has not already received reimbursement through another source as specified in item b), above. The employee shall submit documentation showing the grade obtained for the course, receipts showing payment for the cost of tuition and books, a voucher for reimbursement, and the original approved Education Reimbursement application form. If the employee is approved for a pass /fail course, reimbursement will be processed upon documentation of passing the course; h) No reimbursement will be made, under any circumstances, for the cost of supplies, student memberships, student health coverage, activity fees or costs, transportation to or from school, parking, or any other charges for which the employee became liable while attending school; i) All tuition and book reimbursement is subject to the availability of budgeted funds; j) No employee may receive in excess of $1,500 tuition /book reimbursement in any one calendar year. The City Council may waive this limitation in unusual circumstances where it is determined that there is a justifiable City need for an employee to take additional schooling; and k) Employees who receive tuition /book reimbursement, and who do not complete at least two (2) years of employment with the City after such reimbursement, will be required to repay the reimbursement on a pro -rated basis for the two (2) years. The pro- ration schedule for repayment will be as follows: • Up to 6 months after course ends, full repayment • 6 to 12 months after course ends, 75% repayment i 12 to 18 months after course ends, 50% repayment ® 18 to 24 months after course ends, 25% repayment o After 24 months --no repayment Educational Leave Time: Where an employee is engaged in advanced education, the employee may request approval of his /her Department Head in order to use compensatory leave, or annual leave, time in order to attend a course given during the employee's regular working hours. Memorandum of Agreement Between the City of Cottage Grove And Law Enforcement Labor Services, Inc. (2009 -2010 Sergeants collective bargaining agreement) The parties have been involved in negotiations for the 2009 -2010 collective bargaining agreement. During these negotiations, the parties discussed the potential for an incumbent police officer who also receives longevity pay, investigator pay and /or paramedic pay differential, or a combination thereof, to have compensation greater than the City's start rate for Sergeant. The parties also discussed that this may create a disincentive for the incumbent to seek a Sergeant promotion. Accordingly, the parties agree that individuals employed in the police officer bargaining unit as of January 1, 2009 who also receive longevity pay, investigator pay and /or paramedic pay differential, or a combination thereof, and who are promoted to Sergeant will not have their base pay (consisting of police officer pay plus longevity pay, plus investigator pay (if applicable), plus paramedic pay differential (if applicable)) reduced upon this promotion. These individuals will be placed at the lowest step of the Sergeant pay range that is above the incumbent's base pay (police officer pay plus longevity pay, plus investigator pay (if applicable), plus paramedic pay differential (if applicable)). This Memorandum of Agreement will remain in place through the current contract and until replaced, modified or renewed. Renewed for the January 1 — December 31, 2011 labor contract. For the City of Cottage Grove For Law Enforcement Labor Services, Inc. Ryan R. Schroeder, City Administrator Adam Burnside, Business Agent Dated: Dated: s 1 � XXIV. OVERTIME AP. A TUITION REIMBURSEMENT 20 TABLE OF CONTENTS 1. PURPOSE OF AGREEMENT 3 II RECOGNITION 3 III. DEFINITIONS 4' IV. EMPLOYER SECURITY 5 V. EMPLOYER AUTHORITY 5' VI. UNION SECURITY 5 VII. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 5 VIII. SAVINGS CLAUSE 8 IX. CONSTITUTIONAL PROTECTION 8 X. SENIORITY 8 XL DISCIPLINE 9 XII. WORK SCHEDULES 10 XIIL COURT TIME 10' XIV. LEGAL DEFENSE 10 XV. JOB POSTING 11 XVI. PROBATIONARY PERIODS 11 XVIL ANNUAL LEAVE 11 ` XVIII. UNIFORMS & P.O.S.T. License 13 XIX. HOLIDAYS 13 XX. WAGES 14 XXI. INSURANCE 15 XXII. JURY DUTY 17 XXIIL INJURY ON DUTY POLICY 18 XXIV. OVERTIME AP. A TUITION REIMBURSEMENT 20 CITY OF COTTAGE GROVE AND LAW ENFORCEMENT LABOR SERVICES, INC. EMPLOYEE'S UNION, LOCAL NO. 138 FOR POLICE SERGEANTS 2012 -2014 1 ll[+7� #1111 i � +3y_1rI:74:4 'Itl4 1 i This AGREEMENT is entered into as of January 1, 2011, between the CITY OF COTTAGE GROVE, MINNESOTA, hereinafter called the EMPLOYER, and the LAW ENFORCEMENT LABOR SERVICES, INC. EMPLOYEE'S UNION, LOCAL NO. 138, 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 XXVII. 2.1 The Employer recognizes the following described permanent employees as an exclusive bargaining unit of employees under Minnesota Statutes Section 179.71, Subdivision 3, and the Law Enforcement Labor Services, Inc., as the exclusive representative of said unit: A. Police Sergeants 2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of a new modified job position, the issue shall be submitted to the Bureau of Mediation Services for determination. Page 3 ARTICLE III. DEFINITIONS 3.1 Union Law Enforcement Labor Services, Inc., Employee's Union, Local No. 138 3.2 Union Member A member of Law Enforcement Labor Services, Inc. Employees Union, Local No. 138 3.3 Employee A member of the exclusively recognized bargaining unit 3.4 Department Police Department of the City of Cottage Grove 3.5 Employer The City of Cottage Grove 3.6 Department Head The Public Safety Director for the employer- appointed authority 3.7 Base Pay Rate The employee's hourly pay rate 3.8 Scheduled Shift A consecutive work period including rest periods and lunch breaks 3.9 Shift Change A normal change in work schedule in a twenty -four (24) hour period with eight (8) hours between shifts 3.10 Rest Break A period during the scheduled shift during which the employee remains on continual duty and is responsible for assigned duties 3.11 Lunch Break A period during the scheduled shift during which the employee remains on continual duty and is responsible for assigned duties 3.12 Seniority Length of continuous service with the department as a Sergeant 3.13 Severance Pay Payment made to employees upon termination of employment 3.14 Overtime: Work performed at the express authority of the Employer in excess of the employee's scheduled shift. ARTICLE IV. EMPLOYER SECURITY 4.1 The Union agrees that during the life of this Agreement, it will not cause, encourage, participate in or support any strike, slowdown or other interruption of or interference with the normal functions of the employer. 5.1 All employees covered by this Agreement shall recognize the prerogative of the City to operate and manage its affairs in all respects in accordance with existing and future laws and regulations of appropriate authorities including, but not limited to, personnel policy and work rules. Any prerogative and authority which the City has not officially abridged, delegated or modified by this Agreement is retained by the City. ARTICLE VI. UNION SECURITY 6.1 The Employer shall deduct from the wages of employees who authorize such a deduction in writing, an amount necessary to cover monthly Union dues. Such monies shall be remitted as directed by the Union. 6.2 The Union 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 and the policies and /or the rules and regulations of the Police Department. 7.2 Union Representative: 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 1. An employee claiming a violation concerning the interpretation or application of this Agreement shall within ten (10) calendar days after such alleged violation has occurred, present such grievance to the Deputy Director for the division, as designated by the City. The Deputy Director for the division 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 Director of Public Safety's 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 in Step 4 shall be submitted to arbitration, subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances ", as established by the Public Employment Relations Board. 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 anyway, 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. Page 7 ARTICLE VIII. SAVINGS CLAUSE 8.1 This 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 provision shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be renegotiated at the request of either party. ARTICLE IX. CONSTITUTIONAL PROTECTION 9.1 Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitutions. 92 The City and Union agree to continue to follow a policy of non - discrimination on the basis of race, color, religion, national origin, or sex, as set forth under Title VI of the Civil Rights Act of 1964. ARTICLE X. SENIORITY 10.1 A policy of seniority within the department shall be formulated that will give regular employees with a 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 include an employee's original date of hire or transfer into 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 his /her recall right. 10.4 No regular employee shall be laid off out of turn on the seniority list. 10.5 Vacation periods shall be selected on the basis of SENIORITY with the DEPARTMENT as a full -time, licensed POLICE OFFICER until December 15 of the previous year for the months January through June. Vacation periods shall be selected on the basis of SENIORITYwith the DEPARTMENT as a full -time, licensed POLICE OFFICER until March 15 for the months of July through December 31. ARTICLE XI. DISCIPLINE 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 records at reasonable times, under the direction supervision of the office of Administration. 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 or 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 a 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 the 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 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. Page 9 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 sergeant will be credited for 88 hours for holidays, leaving a work schedule commitment of 1992 hours. If a sergeant leaves the department during the year this time will be prorated. 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 An employee who is scheduled to work during changes in daylight savings ti me shall account for the time as follows: Employees working one hour longer than their normal shift shall receive one (1) hour pay at one and one -half (1 '/2 ) times their base pay rate. Employees working one hour less than their normal shift shall submit a time off slip that deducts one (1) hour towards their yearly 2080 balance. ARTICLE XIII. COURT TIME 13.1 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 -1 /2) 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. 13.2 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. 13.3 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 13.1 and 13.2. 14.1 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. 14.2 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, Page 10 shall be reimbursed for reasonable attorney's fees and court costs actually incurred by such employee in defending against such charge. ARTICLE XV. JOB POSTING 15.1 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 R. have the ability to perform the duties and responsibilities of the vacant job. 15.2 The City has the final decision in the selection of employees to fill posted jobs, based on qualifications, abilities and experience. 15.3 Job vacancies will be posted for fourteen (14) calendar days so that interested employees can be considered for such vacancies. 16.1 All newly hired or rehired employees will serve a twelve (12) month probationary period. 16.2 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. 16.3 At any time during the probationary period, a newly hired or rehired employee may be terminated at the sole discretion of the City. 16.4 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. 17.1 Each regular, full -time City employee shall earn annual leave at a bi- weekly rate which will total the following amount of annual leave: Employees with 0 through 7 years City employment 144 hours per year Employees with 8 through 15 years City employment 192 hours per year Employees with 15+ years City employment 208 hours per year Page 11 Each regular, part -time employee shall receive annual leave in proportion to the number of hours he /she works per pay period, in accordance with the above schedule. 17.2 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. Such approval shall consider City service needs. Except in the case of injury or illness or the employee or his /her spouse or minor child, no annual leave shall be granted until the employee has complete one thousand forty (1,040) hours of work. 17.3 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. 17.4 Employees who terminate employment with the City and have annual leave time remaining shall be paid for their accrued annual leave, provided they have completed at least one thousand forty (1,040) hours of employment. 17.5 An employee who uses annual leave for illness or injury maybe required to present evidence that he /she is again able to perform all the duties of his /her job description. 17.6 Annual leave must be taken in increments of no less than one (1) hour. Except as provided for employees converting to annual leave, no employee may carry over more than two hundred forty (240) hours of accumulated annual leave from one year to the next. In the event that an employee has in excess of two hundred forty (240) accumulated hours of annual leave after December 31 of any year, the employee's accrued annual leave shall be reduced to two hundred forty (240) hours. 17.7 Employees who converted to annual leave and who, from vacation and sick leave, exceed the maximum carry -over 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 December 31 of any year; the employee's accrued annual leave shall be reduced to the maximum as computed herein. 17.8 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 /her existing rate. 17.9 In addition to the foregoing, any employee who converted vacation and sick leave to annual leave and who exceeds the maximum carry-over limitation of two hundred forty (240) hours, may exchange up to an additional forty (40) hours of pay per year at his/her existing rate for that accumulated leave in excess of two hundred forty (240) hours. Should an employee elect to exchange such additional leave, as herein before provided, that additional exchange shall reduce the employee's maximum hours by the same number of hours exchanged for pay. ARTICLE XVIII. UNIFORMS & P.O.S.T. LICENSE 18.1 The EMPLOYER agrees to pay up to $775 per year in 2012, 2013 and 2014 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. 18.2 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. 18.3 The EMPLOYER will pay the full cost of each sworn officer's P.O.S.T. license, including initial and renewal fees. ARTICLE XIX. HOLIDAYS 19.1 In lieu of holidays off, each employee will receive 56 hours of pay at his or her regular rate of pay with the first paycheck 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. 19.2 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. 19.3 Floating Holiday — To be scheduled with the permission of the employee's supervisor. Provided on a pro rata basis based on actual completed months worked. Page 13 ARTICLE XX. WAGES 20.1 Schedule A 80% 83.8% 86.7% 89.6% 92.4% 96.2% 100.0% start 6 months 1 year 2 years 3 years 4 years 5 years Sergeants Step A B C D E F G Hourly 5/21/2012 (2 %) rate 33.05 34.62 35.81 37.01 38.17 39.74 41.31 ay Period including Hourly 1/1/2013(2 %) rate 3171 35.31 36.53 37.75 38.93 40.54 42.14 ay Period including Hourly 1/1/2014(2 %) rate 34.38 36.02 3726 38.51 39.71 41.35 42.98 Effective Date Effective January 1, 2009 Schedule A will replace the existing 2008 pay plan. In creating the new pay plan, the parties recognize that the nature of the Sergeant classification in Cottage Grove involves multiple tasks, assignments and qualifications that fall under the broad scope of requirements for the position. Longevity The parties also recognize the longevity in the existing membership by placing them at Step G of this expanded pay plan. The parties further recognize that Step G of the pay plan includes base pay in the 2008 labor agreement and incorporates the paramedic differential that existed in Article XXV of the 2008 labor contract. Complete Compensation Rather than establish differentials for these specific tasks, assignments, qualifications and years of experience, the parties have adopted Schedule A pay plan to broadly incorporate compensation for all of the various different requirements and experience that may apply to the Sergeant classification into base pay. Cost of Living Adjustment In 2014, the bargaining unit will receive the same market adjustment, if any, that the Cottage Grove Police Officers Federation receives, as detailed on page 21 of their 2012- 2014 labor agreement. Intentionally left blank ARTICLE XXI. INSURANCE 21.1 The EMPLOYER shall pay a maximum contribution per month per employee. The contribution may be used toward the premium for group medical coverage. 2012 - 2014 Employer Contribution HSA Plan 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. Page 15 The City will reconvene the Insurance Committee if significant changes to the health insurance plan design are anticipated. 21.2 The City shall pay the premium for a Twenty Thousand Dollar ($20,000) life insurance policy on each employee. 21.3 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. 21.4 Short -term disability benefits shall be paid to such a regular employee who shall have missed twenty (20) consecutive working days' employment due to illness or injury. 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 continuing for a maximum of ninety (90) working days. The intent of this benefit is to make employees whole for qualifying illnesses and /or injuries. Any other payments made to the employee because of injury and /or illness must be disclosed to the City in order for the City to coordinate the benefit. 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, such as FMLA paperwork, from a physician certifying that the first twenty (20) consecutive working days of the employee's absence was due to injury or illness. 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. 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. 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. Page 16 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. 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. 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. Effective May 21, 2012, a short -term disability bank (Bank) will be established. This Bank will assist an employee get through the 160 hour waiting period before short - term disability benefits start. The maximum number of hours in each employee's Bank will be 80 hours. Each new and current employee will start with 25 hours in their Bank. Each employee will accrue 1 hour in to their Bank per pay period, up to the 80 hour maximum. Employees must reach the 160 hour waiting period to receive this benefit, no exceptions. This benefit will be paid retrospectively. Once the employee qualifies for short -term disability benefits, all accrued Bank hours will be used to replace unpaid (if any), Annual Leave and Compensatory time hours an employee used to get through the 160 hour waiting period. Bank hours will always replace any unpaid hours first. Bank hours are not transferable to another employee. Bank hours will not be paid out when an employee leaves City employment. In order to receive this benefit, the employee must comply with all other the provisions of the Short -term Disability policy. 21.5 Bargaining unit employees will contribute $50.00 per pay period in to the Minnesota State Retirement System (MSRS) Post - employment Health Care Savings Plan (HCSP) and will deposit 100% of any unused Annual Leave in to the plan upon separation from employment. 22.1 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. 22.2 Employees assigned to jury duty will be responsible for their normal hours of work in their scheduled shift, reduced by the amount of time served on jury duty. An employee required to report for jury duty will be assigned to the dayshift. If the employee is excused from the jury duty, he /she must return to work and complete the scheduled shift. Page 17 ARTICLE XXI11. INJURY ON DUTY POLICY 23.1 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 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. 23.2 The City agrees to pay for an employee's eyeglasses, hearing aid, or any other type of prosthetic device broken while on duty. ARTICLE XXIV. OVERTIME 24.1 An employee called back to work at a time other than his /her normal scheduled work schedule, will be compensated for such hours worked a minimum of two (2) hours pay at time and one -half the employee's base rate of pay. 24.2 Employees will be compensated at one 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. Change of shift does not qualify an employee for overtime under this Article. 24.3 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 24.4 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. 24.5 The City Council may authorize the use of accumulated compensatory time by an employee who has exhausted his annual leave. Intentionally left blank ARTICLE XXV. DURATION 26.1 This Agreement shall be effective as of the 1st day of January 2012, and shall remain in full force and effect until the 31 st day of December 2014. IN WITNESS WHEREOF, the parties hereto have executed this agreement on this day of 2012. CITY OF COTTAGE GROVE LOCAL NO. 138 Mayor Agent City Administrator Steward 5 2 1 ' • ►-. TUITION REIMBURSEMENT Any employee who is interested in pursuing further job related training and education opportunities could independently pursue these opportunities under the city's education policy. An employee can take a course at an accredited college /vocational school, and apply for reimbursement for tuition costs per the policy. In addition, these courses would be taken on the employee's own time. Tuition /Book Reimbursement: The City encourages its employees to participate in continuing education in order to improve job performance in their present positions, and to prepare for advancement within the City through self - development. In furtherance of said goal, the City will reimburse an employee for the payment of tuition and the purchase of books when all of the following conditions have been met: a) The course be taken at an accredited college or university, an accredited vocational institution, or is an approved adult education program; b) The employee submits an Education Reimbursement Application form to his /her Department Head prior to the commencement of the course. c) The request for approval shall state, at a minimum: O The name of the college, vocational institution, or adult education course being attended; • The starting date of the course; • The estimated completion date of the course; • An inclusive description of the course, its educational content, and the manner in which this course relates to the employee's current position, or an immediate promotional position to which the employee may advance; • The identification of availability and source of other assistance which the employee is eligible to receive by virtue of enrolling in this educational program; • The number of credits for which the course has been approved; • Whether the course will be taken at a time other than the employee's regular work hours, or whether the employee will need to use leave in order to attend the course; and • Once the form has been approved, it will be returned to the employee. Only after the form is returned and signed, is the employee authorized to proceed. The employee shall return the form, along with receipts and grade reports, upon completion of the course. The above information can be provided on the Education Application form or attached to the form. d) All courses approved for tuition and book reimbursement must be job related; e) The Department Head shall forward the employee's request to the City Administrator or designee; f) Within 30 days following receipt of the request, the City Administrator or designee shall respond to the request, including whether the request is approved or denied. • Reasons for denial shall be specified, and may include, but not be limited to: unavailability of funding, the course or program is not reasonably related to the employee's job performance or knowledge, or does not develop skills reasonably necessary for his /her position; g) Upon receiving a C or better for the course, and presentation to the City of a paid receipt for the cost of tuition and books, the City shall reimburse to the employee those amounts for which he /she has not already received reimbursement through another source as specified in item b), above. The employee shall submit documentation showing the grade obtained for the course, receipts showing payment for the cost of tuition and books, a voucher for reimbursement, and the original approved Education Reimbursement application form. If the employee is approved for a pass /fail course, reimbursement will be processed upon documentation of passing the course; h) No reimbursement will be made, under any circumstances, for the cost of supplies, student memberships, student health coverage, activity fees or costs, transportation to or from school, parking, or any other charges for which the employee became liable while attending school; i) All tuition and book reimbursement is subject to the availability of budgeted funds; j) No employee may receive in excess of $1,500 tuition /book reimbursement in any one calendar year. The City Council may waive this limitation in unusual circumstances where it is determined that there is a justifiable City need for an employee to take additional schooling; and k) Employees who receive tuition /book reimbursement, and who do not complete at least two (2) years of employment with the City after such reimbursement, will be required to repay the reimbursement on a pro -rated basis for the two (2) years. The pro- ration schedule for repayment will be as follows: Up to 6 months after course ends, full repayment 6 to 12 months after course ends, 75% repayment 12 to 18 months after course ends, 50% repayment • 18 to 24 months after course ends, 25% repayment After 24 months —no repayment Educational Leave Time: Where an employee is engaged in advanced education, the employee may request approval of his /her Department Head in order to use compensatory leave, or annual leave, time in order to attend a course given during the employee's regular working hours. .� R MEM • i Memorandum of Agreement Between the City of Cottage Grove And Law Enforcement Labor Services, Inc. (2009 -2010 Sergeants collective bargaining agreement) The parties have been involved in negotiations for the 2009 -2010 collective bargaining agreement. During these negotiations, the parties discussed the potential for an incumbent police officer who also receives longevity pay, investigator pay and /or paramedic pay differential, or a combination thereof, to have compensation greater than the City's start rate for Sergeant. The parties also discussed that this may create a disincentive for the incumbent to seek a Sergeant promotion. Accordingly, the parties agree that individuals employed in the police officer bargaining unit as of January 1, 2009 who also receive longevity pay, investigator pay and /or paramedic pay differential, or a combination thereof, and who are promoted to Sergeant will not have their base pay (consisting of police officer pay plus longevity pay, plus investigator pay (if applicable), plus paramedic pay differential (if applicable)) reduced upon this promotion. These individuals will be placed at the lowest step of the Sergeant pay range that is above the incumbent's base pay (police officer pay plus longevity pay, plus investigator pay (if applicable), plus paramedic pay differential (if applicable)). This Memorandum of Agreement will remain in place through the current contract and until replaced, modified or renewed. Renewed for the January 1, 2012 — December 31, 2014 labor contract. For the City of Cottage Grove For Law Enforcement Labor Services, Inc. Ryan R. Schroeder, City Administrator Adam Burnside, Business Agent Dated: Dated: Page 22