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IV.4. Approval of 2021-2023 Union Contract with Police Officers Association; Lenz February 15, 2022 City Council Report 2022-013 Approval of 2021-2023 Union Contract with Police Officers Association Proposed Action: Staff recommends the following motions: Move approval of the 2021-2023 Contract with Police Officers Association. This will ratify a three year contract with Police Officers Association. Overview The contract calls for a 2.0% wage increase effective January 1, 2021, a 2.0% increase effective January 1, 2022 and an additional 0.5% increase for July 1, 2022, and a 3.5% increase for January 1, 2023. The wages are within budget for 2021 and 2022 and insurance contributions are consistent with other settled unions and the 2019/2020 arbitration award. Contract will be effective retroactively to January 1, 2021. Primary Issues to Consider  What other economic issues are included in the new contract?  How does this agreement fit with the 2021/2022 Budget? Analysis of Issues What other economic issues are included in the new contract? We added President’s Day and Veteran’s day as recognized holidays. These holidays were recognized in other units and the union had previously received holiday pay equivalent to these dates. They were not however receiving holiday premium pay for hours worked on those day. They will going forward. We also clarified some language regarding overtime worked on holidays. We added an option for non-routine on-call situations to have a pay method when we ask officers to be on standby in non-routine situations and adjusted the amount for on- call pay for routine duties (Appendix A. b.). We added Fire Arms, Use of Force and Taser Instructors to the Field Training Officer definition and increased the compensation to $3.25/hour from $3.00. We also changed the Officer in Charge to a percentage versus a reference from the Sergeants contract. How does this agreement fit with the 2021 and 2022 Budget? The cost of the contract is within the 2021 and 2022 budget. Alternatives 1. Approve the contract. Page 2 2. Do not approve the contract. Staff would have to renegotiate the contract, like leading to arbitration (this agreement was reached in required mediation through the bureau of mediation services). Staff recommends Alternative #1. _____________________ Ari Lenz, Assistant City Manager Financial Impact: $ Approx. 370,000 Budgeted Y/N: _Y___ Source: General Fund Notes: Full copy of contract attached. MASTER LABOR AGREEMENT BETWEEN CITY OF HOPKINS AND HOPKINS POLICE OFFICER'S ASSOCIATION January 1, 2021 through December 31, 2023 Police Officers 2 TABLE OF CONTENTS ARTICLE 1. PURPOSE OF AGREEMENT 4 ARTICLE 2. RECOGNITION 4 ARTICLE 3. DEFINITIONS 4 ARTICLE 4. EMPLOYER SECURITY 6 ARTICLE 5. EMPLOYER AUTHORITY 6 ARTICLE 6. BULLETIN BOARDS 6 ARTICLE 7. PAYROLL DEDUCTION FOR DUES 6 ARTICLE 8. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7 ARTICLE 9. SAVINGS CLAUSE 12 ARTICLE 10. SENIORITY 12 ARTICLE 11. DISCIPLINE 13 ARTICLE 12. CONSTITUTIONAL PROTECTION 14 ARTICLE 13. WORK SCHEDULES 15 ARTICLE 14. OVERTIME 15 ARTICLE 15. COURT TIME 17 ARTICLE 16. CALL BACK TIME 17 ARTICLE 17. WORKING OUT OF CLASSIFICATIONS 17 ARTICLE 18. INSURANCE 17 ARTICLE 19. STANDBY PAY 19 ARTICLE 20. UNIFORMS 19 ARTICLE 21. OFFICER IN CHARGE AND FIELD TRAINING OFFICER 20 Police Officers 3 ARTICLE 22. INJURY ON DUTY 20 ARTICLE 23. LONGEVITY 21 ARTICLE 24. WAIVER 21 ARTICLE 25. SUPPLEMENTAL RETIREMENT 22 ARTICLE 26. HOLIDAYS 22 ARTICLE 27. FLEX LEAVE 22 ARTICLE 28. ADVANCE RESIGNATION NOTICE PROGRAM 23 ARTICLE 29. TUITION REIMBURSEMENT PROGRAM 23 ARTICLE 30. COMPENSATORY TIME PAYOUT 23 ARTICLE 32. DURATION 24 Vice President ........ 24 Treasurer/Secretary 24 APPENDIX A ........ 25 APPENDIX B ........ 27 Police Officers 4 ARTICLE 1. PURPOSE OF AGREEMENT This agreement is entered into on February 15, 2022 between City of Hopkins, hereinafter called the EMPLOYER, and the HOPKINS POLICE OFFICER'S ASSOCIATION, hereinafter called the ASSOCIATION. It is the intent and purpose of this AGREEMENT to: 1.1 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; and 1.2 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. ARTICLE 2. RECOGNITION 2.1 The EMPLOYER recognizes the ASSOCIATION as the exclusive representative, under Minnesota Statutes, Section 179.71, Subdivision 3, for all police personnel in the following job classifications: Detective Patrol Officer Canine (K-9) Officer DWI Officer School Resource Officer 2.2 In the event the EMPLOYER and the ASSOCIATION are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE 3. DEFINITIONS 3.1 ASSOCIATION: The Hopkins Police Officer's Association. 3.2 ASSOCIATION MEMBER: A member of the Hopkins Police Officer's Association. Police Officers 5 3.4 BASE PAY RATE: An employee's wage without additional pay such as longevity or any additional incentives. 3.4 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.5 DEPARTMENT: The Hopkins Police Department. 3.6 EMPLOYER: The City of Hopkins. 3.7 CHIEF: The Chief of the Hopkins Police Department. 3.8 ASSOCIATION OFFICER: Officer elected or appointed by the Hopkins Police Officer's Association. 3.9 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of the employee's scheduled shift. 3.10 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break. 3.11 REST BREAKS: Periods during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.12 LUNCH BREAKS: A period during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.13 STRIKE: Concerted action in failing to report to duty, the willful absence from one's position, the stoppage of work, slow down, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purpose of inducing, influencing or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment. 3.14 CONTINUOUS VACATION PERIOD: A period of time in which the employee uses at least three (3) days of vacation time between two scheduled shifts. Police Officers 6 ARTICLE 4. EMPLOYER SECURITY The ASSOCIATION agrees that during the life of this AGREEMENT that the ASSOCIATION will not cause, encourage, participate in or support any strike, slowdown or other interference with the normal function of the EMPLOYER. ARTICLE 5. EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; 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 functions not specifically limited by this AGREEMENT. 5.2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate. ARTICLE 6. BULLETIN BOARDS 6.1 The City shall provide reasonable bulletin board space for use by the Association in posting notices of Association business and activities; said bulletin board space shall not be used by the Association for political purposes other than Association elections. ARTICLE 7. PAYROLL DEDUCTION FOR DUES 7.1 Dues Deductions. The City shall, upon request of any employee in the unit, deduct such sum as the Association may specify as the regular dues of the Association. The City shall remit monthly such deductions to the appropriate designated officer of the Association. Police Officers 7 7.2 Fair Share Fee Deductions. In accordance with Minnesota Statutes § 179A.06, Subd. 3, the City agrees that upon notification by the Association it shall deduct a fair share fee from all certified employees who are not members of the Association. This fee shall be an amount equal to the regular membership dues of the Association, less the cost of benefits financed through the dues and available only to members of the Association, but in no event shall the fee exceed eighty- five percent (85%) of the regular membership dues. The Association shall certify to the City, in writing, the current amount of the fair share fee to be deducted as well as the names of bargaining unit employees required by the Association to pay the fee. 7.3 Hold Harmless Provision. The Association will indemnify, defend and hold the City harmless against any and all claims made and against any suits instituted against the City, its officers or employees, by reason of deductions under this Article. ARTICLE 8. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 8.1 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. 8.2 ASSOCIATION REPRESENTATIVES The ASSOCIATION may designate employees from the bargaining unit to act as Steward and an alternate and shall inform the EMPLOYER in writing of such choice and change in the position of Steward and/or alternate. The EMPLOYER will recognize REPRESENTATIVES designated by the ASSOCIATION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. Police Officers 8 8.3 PROCESSING OF A GRIEVANCE It is recognized and accepted by the ASSOCIATION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during normal working hours only when consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE AND ASSOCIATION REPRESENTATIVE shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided that the EMPLOYEE and the ASSOCIATION REPRESENTATIVE have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. 8.4 PROCEDURE Grievances, as defined by Section 8.1, 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 twenty-one (21) calendar days after such alleged violations have occurred, present such grievance in writing to the EMPLOYEE'S supervisor as designated by the EMPLOYER. The EMPLOYER designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER designated representative's final answer in Step 1. Any Police Officers 9 grievance not appealed in writing to Step 2 by the ASSOCIATION within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the ASSOCIATION and discussed with the EMPLOYER designated Step 2 representative. The EMPLOYER designated representative shall give the ASSOCIATION the EMPLOYER'S Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYER designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the ASSOCIATION within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the ASSOCIATION and discussed with the EMPLOYER designated Step 3 representative. The EMPLOYER designated representative shall give the ASSOCIATION the EMPLOYER'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 EMPLOYER designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the ASSOCIATION within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the ASSOCIATION shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971. The selection of an arbitrator shall be made in accordance with the Bureau of Mediation Services. Police Officers 10 8.5 ARBITRATOR'S AUTHORITY A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the ASSOCIATION, and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the ASSOCIATION and shall be based solely on the arbitrator's interpretation or application of the express terms of this agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the ASSOCIATION 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. Police Officers 11 8.6 WAIVER If a grievance is not presented within the time limits set forth above, it shall be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the ASSOCIATION 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 written agreement of the EMPLOYER and the ASSOCIATION in each step. 8.7 CHOICE OF REMEDY If, as a result of the written EMPLOYER response in Step 3, the grievance remains unresolved, and if the grievance involved the suspension, demotion, or discharge of an employee who had completed the required probationary period, the grievance may be appealed either to Step 4 of the Article 8 or to the Police Review Committee. If appealed to the Police Review Committee, the grievance is not subject to the arbitration procedure as provided in Step 4 of Article 8. The aggrieved employee shall indicate in writing which procedure is to be utilized Step 4 of Article 8 or another appeal procedure and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 4 of Article 8. Nothing in this contract shall prevent the employee from pursuing an Equal Employment Opportunity Commission (EEOC) claim and a grievance. Police Officers 12 ARTICLE 9. SAVINGS CLAUSE This AGREEMENT is subject to the laws of the United States, the State of Minnesota and the City of Hopkins. 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 judgement or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE 10. SENIORITY 10.1 Seniority shall be determined by the employee's length of continuous employment with the Police Department as a full time sworn Police Officer, except that employees re-entering the Police Department after less than one year from the date of severance shall have their original date of hire adjusted forward by the number of days they were separated from the Department. Seniority rosters may be maintained by the Chief on the basis of time in grade and time within specific classifications. 10.2 During the probationary period a newly hired or rehired employee may be discharged at the sole discretion of the EMPLOYER. During the probationary period a promoted or reassigned employee may be replaced in his/her previous position at the sole discretion of the EMPLOYER. 10.3 A reduction of work force will be accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work within two years of the time of his layoff before any new employee is hired. Police Officers 13 10.4 Senior employees will be given preference with regard to transfer, job classification assignments and promotions when the job relevant qualifications of employees are equal. 10.5 Shift assignments for employees assigned to the patrol functions of the DEPARTMENT shall expire four times each year, and shall be re-bid at least one month prior to such expiration. Senior qualified employees shall be given shift assignment preference after twelve (12) months of continuous full-time employment. For the purposes of training newly hired officers during their probationary year, the Department may assign the least senior non-probationary employee off the team desired by the administration to accommodate training the probationary employee if there are no volunteers available. The Department may not assign the same senior qualified officer off of their requested shift for more than one (1) quarter in any year to accommodate training of the probationary employee. Employees classified or assigned by EMPLOYER as Investigator, Canine Officer, or Narcotics Officer shall work shift assignments as determined by the department head. 10.6 One continuous vacation (at least three (3) days) period shall be selected on the basis of seniority until March 31 of each calendar year. ARTICLE 11. DISCIPLINE 11.1 The EMPLOYER will discipline employees for just cause only. Discipline will be in one or more of the following forms: a) oral reprimand; b) written reprimand; c) suspension; d) demotion; or e) discharge. Police Officers 14 11.2 Suspension, demotions and discharges will be in written form. 11.3 Written reprimands, notices of suspension, and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Written documentation of administrative memos and coaching documentation are to be removed from the employee's personnel file by the Employer after one year from the date the document was created if the behavior does not continue. 11.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the EMPLOYER. 11.5 Discharges will be preceded by a five (5) day suspension without pay. 11.6 Employees under investigation will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have an ASSOCIATION representative present at such questioning. 11.7 Grievances relating to this ARTICLE shall be initiated by the ASSOCIATION in Step 3 of the grievance procedure under Article 8. ARTICLE 12. CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitutions. Police Officers 15 ARTICLE 13. WORK SCHEDULES 13.1 The normal work year is two thousand and eighty hours (2,080) to be accounted for by each employee through: a) hours worked on assigned shifts; b) holidays; c) assigned training; d) authorized leave time. 13.2 Holidays and authorized leave time is to be calculated on the basis of the actual length of time of the assigned shifts. 13.3 Nothing contained in this or any other Article shall be interpreted to be a guarantee of a minimum/maximum number of hours the EMPLOYER may assign employees. ARTICLE 14. OVERTIME 14.1 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. Changes of shifts do not qualify an employee for overtime under this Article. Employees may elect to take comp time in lieu of overtime pay. Employees taking comp time will be compensated with paid time off at one and one-half (1 1/2) the amount of overtime worked. Comp time shall be taken in the same manner as vacation or flex time. Employees shall be allowed up to a maximum of 48 hours of accrued comp time. Any amount of accrued comp time over the maximum amount will be paid to the employee at the standard overtime rate. Any employee leaving the municipal service in good standing after giving proper notice of such termination of employment shall be compensated for all comp time accrued to the date of separation at the standard overtime rate. 14.2 Assigned overtime (overtime not created by a late arrest, court appearance or other Police Officers 16 circumstances unique to a specific officer) will generally be assigned by the Employer on the basis of seniority, meaning that overtime opportunities will be offered first to the most senior, available officer and overtime assignments for which no volunteers are forthcoming may be assigned by inverse seniority. The department may select and assign personnel to special overtime details such as neighborhood meetings, police outreach programs and interview panels regardless of seniority. However, overtime assignments immediately following the conclusion of a scheduled shift shall first be offered to officers working such shift by seniority. 14.3 The department will compensate officers at the standard overtime rate for all in-house training, mandatory training, and mandatory Department meetings. With the permission of their supervisor, an officer may elect to take comp time in lieu of overtime pay. SWAT Team Training on days off shall be compensated with Comp time unless the employee will exceed the maximum allowed comp time accrual. Any hours above the maximum accrual will be paid as overtime. All other training time will be compensated by direct exchange time or by pay at the regular straight time wage rate. 14.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 14.5 Overtime will be calculated to the nearest one-tenth of an hour. 14.6 Employees have the obligation to work overtime or call backs if requested by the EMPLOYER unless unusual circumstances prevent the employee from so working. Police Officers 17 ARTICLE 15. COURT TIME An employee shall receive one hour of overtime for cancellation of a court appearance within 24 hours of the scheduled appearance. If an employee had been on standby for court and the appearance is canceled, compensation shall be the greater of one hour of overtime or the stand- by pay earned. ARTICLE 16. CALL BACK TIME An employee who is called to duty during scheduled off-duty time shall receive a minimum of two (2) hours pay at one and one-half (11/2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the two (2) hour minimum. An officer called back for court appearance will receive a minimum of three (3) hours pay at one and one-half (11/2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the three (3) hour minimum. ARTICLE 17. WORKING OUT OF CLASSIFICATIONS Employees assigned by the EMPLOYER to assume the full responsibilities and authority of a higher job classification shall receive the salary schedule of the higher classification for the duration of the assignment. ARTICLE 18. INSURANCE 18.1 Effective January 1, 2021, the EMPLOYER will contribute the following per month per employee based on their election: Single $1,077.59 Single +1 $1,769.63 Single +Children $1,756.50 Family $1,801.70 Police Officers 18 18.2 Effective January 1, 2022 the EMPLOYER will contribute the following per month per employee based on their election: Single $1,077.59 Single +1 $1,769.63 Single +Children $1,756.50 Family $1,801.70 18.3 Effective January 1, 2023, the EMPLOYER will contribute based on the most expensive insurance plan, the City will increase its contribution by: Single - 95% of the amount of the premium increase Single + 1 - 75% of the amount of the premium increase Single + Children - 75% of the amount of the premium increase Family - 60% of the amount of the premium increase However, in no event shall the ratio of total exposure to the Employee (Calculated by the city’s contribution divided by combining total premium, deductible and co-pay (if applicable)) fall below: Single – 95% Employer contribution / 5% Employee contribution Single + 1 - 75% Employer contribution / 25% Employee contribution Single + Children - 75% Employer contribution / 25% Employee contribution Family - 60% Employer contribution / 40% Employee contribution If the ratios for any of these categories (single, single+, family) drop below these percentages, the employer shall increase its contribution to at least these minimums. 18. 4 All employees shall receive a minimum of single group health insurance coverage. Employees with single insurance coverage, who were hired prior to September 1, 2004, will be eligible to commit the difference between single coverage expense and the EMPLOYER contribution to obtain certain mutually agreed appropriate benefits, such as deferred compensation, additional insurance, or cash. If the benefit is taken as cash, the amount will be reduced by payroll taxes. Police Officers 19 18.5 Employees who choose to opt out of the City’s health insurance program will receive $325.00 to obtain certain mutually agreed appropriate benefits. Employees wishing to opt out must provide proof of insurance coverage through another provider. In lieu of the $325.00, employees hired after September 1, 2004 will receive $100.00 per month if they opt out of the City's health insurance program. ARTICLE 19. STANDBY PAY Employees required by the EMPLOYER to standby shall be paid for such standby time at the rate of one hour's pay for each hour on standby. ARTICLE 20. UNIFORMS The EMPLOYER shall provide required uniform and equipment items to all new employees as stated in Appendix B. The Employer shall provide the initial issue uniform and equipment in the event of a mandatory change in uniform or equipment. The specific items provided by the employer will be limited to those that are required to be replaced due to the mandatory change, according to Appendix B and including any additions to Appendix B. All employees shall receive an annual uniform and equipment allowance of $900.00. The allowance shall be paid on or near January 1 annually as a separate check. An employee employed less than twelve months shall receive a prorated amount of allowance. Items purchased with this allowance are intended solely for use as an employee of the city. Uniform allowance may be used to purchase any items not expressly prohibited by the department. If any items need replacement after an employee’s allowance has been exhausted, such replacement is the responsibility of the employee. Police Officers 20 ARTICLE 21. OFFICER IN CHARGE AND FIELD TRAINING OFFICER 21.1 Effective January 1, 2021 An officer specifically designated "Officer in Charge,” shall be paid at a rate equal to the wage rate of a temporary or probationary sergeant. 21.2 Effective January 1, 2022 An officer specifically designated "Officer in Charge,” shall be paid at a rate equal to the 7.5% their base pay rate. 21.3 Effective January 1, 2021 An officer specifically designated "Field Training Officer" which includes the Firearms, Use of Force and Taser Instructors, shall be paid $3.00 per hour above their regular pay rate. F.T.O. pay would be paid to officers who are trained in their discipline during the hours that they are actually training officers. 21.4 Effective January 1, 2022 An officer specifically designated "Field Training Officer" which includes the Firearms, Use of Force and Taser Instructors, shall be paid $3.25 per hour above their regular pay rate. F.T.O. pay would be paid to officers who are trained in their discipline during the hours that they are actually training officers. 21.5 Officers may not earn OIC and FTO pay concurrently. If absent a Sergeant, the senior officer acting in the role as an FTO does not qualify for OIC pay, the next senior qualified Officer shall act as OIC and receive the OIC pay rate. ARTICLE 22. INJURY ON DUTY Employees injured during the performance of their duties for the EMPLOYER and thereby rendered unable to work for the EMPLOYER will be paid the difference between the employee's regular pay and Worker's Compensation insurance payments for a period not to exceed ninety (90) working days (720 hours) per injury, after a five (5) working day initial waiting period per injury. The five (5) working day waiting period shall be charged to the employee's sick leave account less Worker's Compensation insurance payments. Police Officers 21 ARTICLE 23. LONGEVITY 23.1 After four (4) years of employment each employee shall be paid supplementary pay of three percent (3%) of the employee's base rate. 23.2 After seven (7) years of employment each employee shall be paid supplementary pay of six percent (6%) of the employee's base rate. 23.3 After ten (10) years of employment each employee shall be paid supplementary pay of eight percent (8%) of employee's base rate. 23.4 After thirteen (13) years of employment each employee shall be paid supplementary pay of ten percent (10%) of the employee's base rate. ARTICLE 24. WAIVER 24.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this AGREEMENT, are hereby superseded. 24.2 The parties mutually acknowledge that during the negotiations, which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT. The EMPLOYER and the ASSOCIATION each voluntarily and un-qualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this AGREEMENT or with respect to any term or condition of employment not specifically referred to or covered by this AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. Police Officers 22 ARTICLE 25. SUPPLEMENTAL RETIREMENT The EMPLOYER agrees to provide an additional retirement contribution of $25.00 per month per sworn officer for a variable annuity retirement plan approved by the Police Civil Service Commission and the 1971 Hopkins City Council. ARTICLE 26. HOLIDAYS Employees shall receive twelve (12) holidays per year (96 hours) toward the two thousand and eighty (2,080) hour work year requirement. An EMPLOYEE required to work a shift on New Year's Day, President’s Day, Martin Luther King's Birthday, Easter, Memorial Day, 4th of July, Labor Day, Veteran’s Day, Thanksgiving Day, the Day After Thanksgiving, Christmas Eve or Christmas, shall be eligible for holiday pay. For the purpose of this section, if 50% or more of a full work shift falls on one of the holidays, the full shift shall be compensated at holiday pay. If less than 50% of any full shift falls on one of the above holidays, no holiday pay shall be paid. Holiday pay shall be 1/2 times the basic hourly rate, making the full compensation for a holiday shift one and one-half (1 1/2) times the basic hourly pay rate. However, for hours worked in excess of the employee’s regularly scheduled shift on a holiday, employees shall be compensated at two (2) times their regular base rate of pay. Under no circumstances will the total compensation for the work on a holiday exceed two (2) times the basic pay rate. Employees can carry over (8) hours of holiday time from year to year. ARTICLE 27. FLEX LEAVE 27.1 Flex Leave Adopted. The City of Hopkins Flex Leave Program is hereby adopted. 27.2 No Diminution of Benefits. The employer will not diminish or decrease benefits available under the Flex Leave Program while this Agreement is in effect. Police Officers 23 ARTICLE 28. ADVANCE RESIGNATION NOTICE PROGRAM The City of Hopkins Advance Resignation Notice Program is hereby adopted. ARTICLE 29. TUITION REIMBURSEMENT PROGRAM Employees will be eligible to use the City’s Tuition Reimbursement Program pursuant to the Citywide tuition reimbursement policy. ARTICLE 30. COMPENSATORY TIME PAYOUT Prior to the start of each calendar year, employees may elect to receive up to 48 hours of compensatory time to be earned in the next calendar year in taxable compensation in that next calendar year. Once the calendar year to which the election relates has begun, the election is irrevocable. Compensatory time elected to be received in cash shall be the first compensatory time hours earned in the calendar year. The cash shall be paid through payroll at the time it would have been earned thereby ensuring payment shall be made within 2.5 months following the end of the calendar year in which the cash payment is due. ARTICLE 31. POST EMPLOYMENT HEALTH CARE SAVINGS PLAN 31.1 All members of POA will participate in the Minnesota State Retirement System (MSRS) Health Care Savings Plan (HCSP) pursuant to Minnesota Statute 352.98, which shall be administered as provided by law. 31.2 Each member of the union shall contribute the following amounts to the Plan: • 2% of gross salary 31.3 The plan will be also be funded by 100% of severance pay and/or accumulated flex leave due to the employee upon separation from employment with the City. 31.4 With thirty days (30) days’ advance notice, the association may remove the post-employment health care savings plan. Police Officers 24 ARTICLE 32. DURATION This AGREEMENT shall be effective as of January 1, 2021 except as herein noted, and shall remain in full force and effect until the thirty-first day of December 2023. In witness whereof, the parties have executed this AGREEMENT on the 15th day of February 2022. FOR THE CITY OF HOPKINS FOR THE ASSOCIATION City Manager President Assistant City Manager Vice President Mayor Treasurer/Secretary Police Officers 25 APPENDIX A WAGES Monthly Percent Increase 2.0% 2.0% 0.05% 3.50% 1/1/2021 1/1/2022 7/1/2022 1/1/2023 Start $ 5,627.94 $ 5,740.50 $ 5,769.20 $ 5,971.13 1 Year $ 6,195.83 $ 6,319.74 $ 6,351.34 $ 6,573.64 2 Year $ 6,708.66 $ 6,842.84 $ 6,877.05 $ 7,117.75 3 Year $ 7,223.64 $ 7,368.11 $ 7,404.95 $ 7,664.13 Hourly Percent Increase 2.0% 2.0% 0.05% 3.50% 1/1/2021 1/1/2022 7/1/2022 1/1/2023 Start $ 32.47 $ 33.12 $ 33.28 $ 34.45 1 Year $ 35.75 $ 36.46 $ 36.64 $ 37.92 2 Year $ 38.70 $ 39.48 $ 39.68 $ 41.06 3 Year $ 41.67 $ 42.51 $ 42.72 $ 44.22 (a) Employees classified or assigned by the EMPLOYER as Investigators, Narcotics Officer or School Resource Officer will receive Three Hundred ($300.00) per month or Three Hundred ($300.00) pro-rated for less than a full month in addition to their regular wage rate. The Employer shall assign schedules based upon the needs of the department and specific position. (b) On-Call Pay 1. In the circumstance of non-routine on-call situations of an emergency nature, the department will post for non-routine on-call pay. 2. Employees shall be compensated for one (1) hour at time and one-half (1-1/2) for each day they are required to be on-call duty. Employees shall be compensated for two (2) hours at time and one-half (1-1/2) for each Holiday they are required to be on-call duty. Hours actually worked shall be paid at time and one-half (1-1/2). Police Officers 26 3. Effective Jan. 1, 2021, positions listed in sub-point A, who are subject to on-call requirements, shall receive on-call pay of $25 per day on-call. 4. Effective Jan. 1, 2022, positions listed in sub-point A, who are subject to on-call requirements, shall receive one (1) hour at time and one-half (1-1/2) for each day they are required to be on-call duty. Employees shall be compensated for two (2) hours at time and one-half (1-1/2) for each Holiday they are required to be on-call duty. Hours actually worked shall be paid at time and one-half (1-1/2). (c) Any officer assigned to care for a dog as a K-9 officer will receive 1/2 hour maintenance credit for each day that officer personally maintains a canine. Such hours shall not qualify for time and one-half premium overtime compensation unless required under the Fair Labor Standards Act. (c) New officers with experience may be hired at a rate above the "Start" wage rate. • Officer with one year of experience - 1 year wage rate. • Officer with two years of experience - 2 year wage rate. • Officer with three plus years of experience - 3 year wage rate. New officers will not be given lateral seniority or vacation/flex leave rights. New officers will not be accelerated on the longevity pay steps. (d) Flex Leave Accrual Schedule (see full Flex Leave Policy for official guidelines). Flex Leave Accrual Schedule Year Leave Year Leave Year Leave Year Leave Year Leave Hrs/Days Hrs/Days Hrs/Days Hrs/Days Hrs/Days 1 152 / 19 6 184 / 23 11 208 / 26 16 232 / 29 21 232 / 29 2 160 / 20 7 192 / 24 12 208 / 26 17 232 / 29 22 232 / 29 3 168 / 21 8 192 / 24 13 216 / 27 18 232 / 29 23 232 / 29 4 176 / 22 9 200 / 25 14 224 / 28 19 232 / 29 24 232 / 29 5 184 / 23 10 200 / 25 15 232 / 29 20 232 / 29 25 272 / 34 Police Officers 27 APPENDIX B UNIFORMS 2 Pair Uniform Cargo Pants - Class B 2 Short Sleeve Shirts - Navy Class B 2 Long Sleeve Shirts - Navy Class B 1 Pair Boots/Shoes 1 Pair Uniform Pants - Class A 1 Long Sleeve Shirt - Navy Class A 1 Short Sleeve Shirt - Navy Class A 1 Winter Weight Duty Jacket 1 Light Weight Duty Jacket 1 Raincoat and Rain Hat Cover 1 Traffic Vest 1 Winter Hat 1 Summer Hat 1 Hat Badge 2 Shirt/Jacket Badges 2 Name Plates 1 Clip-on Uniform Tie 1 Pair Winter Weight Gloves 2 Pair Dress Socks 1 Ballistic Vest (and all necessary replacements) 1 Department Issue Service Weapon ** 1 Full Set of Leather Gear and equipment: Duty Belt Inner Belt Cuff Case, Handcuffs and Keys Mace Case and Chemical Agent Double Magazine Case and 3 Magazines Radio Holder and Radio with 2 Batteries Flashlight Holder and Flashlight Taser Holster Firearm Holster Glove Pouch Key Holder * The Employee may elect to substitute a leather duty jacket for the winter weight duty jacket with the Employee to pay the difference in price. **ONLY if new hires elect to carry department issued service weapon. Otherwise, this cost is assumed by the new hire.