IV.2. Approval of 2024 MOU with LELS #171; Casella
CITY OF HOPKINS
City Council Report 2024-037
To: Honorable Mayor and Council Members
Mike Mornson, City Manager
From: Casey Casella, Assistant City Manager
Date: April 2, 2024
Subject: Approval of 2024 MOU with LELS #171
_____________________________________________________________________
RECOMMENDED ACTION
MOTION TO approve a MOU for 2025 wage correction and addition of FTO pay
language with LELS #171.
OVERVIEW
The City Council approved the 2024 through 2026 Union Contract with Police Sergeant
Law Enforcement Labor Services, Inc (LELS) Local #171 on October 10, 2023.
Management staff and Union representatives from LELS Local #171 have agreed to a
Memorandum of Understanding (MOU) regarding two items within the approved
contract:
1. A typographical mistake on the salary and wage listed effective date for 2025.
2. The addition of a Field Training Officer (FTO) pay subdivision.
Regarding the salary and wage listed effective date for 2025, both parties agree there
was a typographical mistake. Article 20 of the settled labor agreement details a chart
with hourly wages. The 2024 and 2026 columns list effective dates of 01/01/202x. The
2025 column listed an incorrect effective date of 12/31/2025. Both parties agree the
2025 effective date should be 01/01/2025. The MOU updates the 2025 effective date.
The addition of the FTO pay subdivision was in response to current staffing levels within
the Police Department. The Sergeant position has been requested to occasionally train
new Officers if an Officer is not available. Management and union representatives agree
the FTO pay should be extended to Sergeants if they serve in this training capacity. It
had historically not been included since it would be expected an Officer would generally
serve as the FTO. The additional language is similar to the Hopkins Police Officers
Association Article 21.2 regarding FTO pay. The estimated budget impact for the
additional FTO pay for the Sergeants is neutral and within budget since an Officer would
be receiving the $5.00 pay if they were training. The MOU adds the FTO pay option for
Sergeants.
The City Council is asked to approve the MOU with LELS #171. Alternatively, the City
Council could not approve the MOU, which would require staff to renegotiate with the
union.
Administration
SUPPORTING INFORMATION
• MOU with LELS #171
• Copy of most recent agreement with LELS #171 for 2024 through 2026
Memorandum of Understanding
Between the City of Hopkins and
Law Enforcement Labor Services, INC Local #171
2025 Wage Correction and Addition of FTO Pay Language
WHEREAS, City of Hopkins (herein after the “City”) and Law Enforcement Labor
Services, INC #171 (herein after the “Union”) are parties to a collective bargaining
agreement in effect from January 1st 2024 through December 31st 2026; and
WHEREAS, On 01/19/2024 the Union met with the city and discussed a typographical
mistake made in the collective bargaining agreement listed above with regard to the
Salary and Wage listed effective date for 2025; and
WHEREAS, Both parties agreed that the 2025 date listed in that agreement was
documented in error and the correct date for the raise should be January 1st 2025;
WHEREAS, in Addition, recently Sergeants have been advised by Police command
staff that they may be serving in the role as Field Training Officers (FTO) due to staffing;
and
WHEREAS, Both parties agreed to adopt an addition of FTO pay subdivision similar to
the Hopkins Police Officers Association Article 21.2 regarding FTO pay.
NOW THEREFORE IT BE RESOLVED that the parties mutually agree as follows:
Article 20 SALARY AND WAGE under the pay schedule shall be adjusted to read:
Hourly 01/01/2024 01/01/2025 01/01/2026
Step 1 (Union
Promotion
$59.05 $60.82 $62.64
Step 2 (After one
year)
$61.10 $62.93 $64.82
Step 3 (After 2
years
$63.15 $65.04 $66.99
There will be a new subdivision under Article 21 MISCELLANEOUS PROVISIONS
which will read:
K. FTO PAY
Effective January 1st 2024 a Sergeant specifically designated “Field Training
Officer” shall be paid $5.00 per hour above their regular pay rate. FTO would be
paid to sergeants during the hours that they are actually training officers.
This memorandum will remain in effect from January 1st 2024 through December 31st
2026.
FOR THE CITY OF HOPKINS FOR L.E.L.S. LOCAL #171
Patrick Hanlon, Mayor Darin Hill, Union
Mike Mornson, City Manager
MASTER AGREEMENT
BETWEEN
CITY OF HOPKINS
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
(L.E.L.S. LOCAL #171)
January 1, 2024 through December 31, 2026
TABLE OF CONTENTS
ARTICLE 1 PURPOSE OF AGREEMENT .................................................................................. 3
ARTICLE 2 RECOGNITION ............................................................................................ : ........... 3
ARTICLE 3 DEFINITIONS ........................................................................................................... 3
ARTICLE 4 EMPLOYER AUIBORITY ...................................................................................... 4
ARTICLE 5 UNION SECURITY .................................................................................................. 5
ARTICLE 6 EMPLOYEE RIGHTS -GRIEVANCE PROCEDURE ............................................ 5
ARTICLE 7 SAVINGS CLAUSE .................................................................................................. 7
ARTICLE 8 SENIORITY ............................................................................................................... 7
ARTICLE 9 DISCIPLINE .............................................................................................................. 8
ARTICLE 10 CONSTITUTIONAL PROTECTION ..................................................................... 9
ARTICLE 11 WORK. SCHEDULES ............................................................................................. 9
ARTICLE 12 OVERTIME ............................................................................................................. 9
ARTICLE 13 COURT TIME ....................................................................................................... 10
ARTICLE 14 CALL BACK TIME .............................................................................................. 10
ARTICLE 15 INSURANCE ......................................................................................................... 10
ARTICLE 16UNIFORMALLOWANCE ................................................................................... ll
ARTICLE 17 SICK LEA VE, INJURY ON DUTY, FLEX LEA VE ........................................... 11
ARTICLE 18 FITNESS INCENTIVE .......................................................................................... 12
ARTICLE 19 PAID TIME OFF ................................................................................................... 13
ARTICLE 20 SALARY AND WAGE ......................................................................................... 14
ARTICLE 21 MISCELLANEOUS PROVISIONS ...................................................................... 14
A. FALSE ARREST INSURANCE ...................................................................................... 14
B. SUPPLEMENTAL RETIREMENT ................................................................................. 15
C. SEVERANCE PAY .......................................................................................................... 15
D. WAGE MEETINGS, UNION MEETINGS ..................................................................... 15
E. WORKING CONDITIONS .............................................................................................. 15
F. RESIDENCY .................................................................................................................... 15
G. HOLIDAY PAY ............................................................................................................... 15
H. STANDBY PAY ............................................................................................................... 16
I. P.O.S.T. LICENSE ........................................................................................................... 16
J. ON CALL PAY ................................................................................................................ 16
ARTICLE 22 TUITION REFUND .............................................................................................. 16
ARTICLE 23 POSTEMPLOYMENTHEALIB CARE SAVINGS PLAN ............................... 16
ARTICLE 24 ADVANCE RESIGNATION NOTICE PROGRAM ............................................ 17
ARTICLE 25 DURATION ........................................................................................................... 17
APPENDIX 1 EDUCATIONAL INCENTIVE PLAN
APPENDIX 2 DRUG AND ALCOHOL TESTING AGREEMENT
LELS Local #171 .Hopkins Sergeants
City of Hopkins
2
2023-2026 Agreement
ARTICLE 1 PURPOSE OF AGREEMENT
This AGREEMENT is entered into between City of Hopkins, hereinafter called the
EMPLOYER, and the LAW ENFORCEMENT LABOR SERVICES, INC., hereinafter called the
UNION.
It is the intent and purpose of this AGREEMENT to:
1. Promote sound and mutually beneficial working and economic relationships
between parties hereto;
2. To provide an orderly and peaceful means ofresolving any grievances which may
anse;
3. Specify, in writing, the full and complete understanding of the parties concerning
the terms and conditions of employment for the duration of this AGREEMENT.
The EMPLOYER and the UNION, though this AGREEMENT, will continue their dedication to
the highest quality police service and protection to the public. Both parties recognize the
AGREEMENT as a pledge of this dedication.
ARTICLE 2 RECOGNITION
2.1 The EMPLOYER recognizes L.E.L.S. as the exclusive representative, under Minnesota
Statutes, Section 179A.03 Subd. 8, for all police personnel in the following job
classifications:
SERGEANT
2.2 In the event the EMPLOYER and L.E.L.S. 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 detennination.
ARTICLE 3 DEFINITIONS
3.1 UNION: Law Enforcement Labor Services, Inc
3.2 UNION MEMBER: A member of the Hopkins Police Sergeants' Union.
3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit, male or female,
where the word "he" is used, it is inclusive of "she"
3.4 DEPARTMENT: The Hopkins Police Department.
3.5 EMPLOYER: The City of Hopkins.
,.,
LELS Local #171 ~Hopkins Sergeants
City of Hopkins
3
2023-2026 Agreement
3.6 CHIEF: The Chief of the Hopkins Police Department.
3.7 UNION OFFICER: Officer elected or appointed by the Hopkins Police Sergeant's
Union.
3.8 BASIC PAY RAIB: The Employee's hourly, biweekly, or monthly pay rate exclusive of
longevity pay, college incentive pay, overtime pay, court time pay, or any other special
allowance.
3.9 EMERGENCY: A situation or condition so labeled or defined by the Hopkins Chief of
Police.
3 .10 SHIFT: A consecutive work period including rest breaks and a lunch break.-
3.11 LUNCH BREAKS: A period during the SCHEDULED SHIFT during which the
employee remains on continual duty and is responsible for assigned duties.
3.12 GRIEVANCE COMMITTEE: The elected UNION OFFICERS of the Hopkins Police
Sergeants' Union or the UNION'S designated agents for grievance procedures and
purposes.
3.13 SUPERVISORY EMPLOYEE: One so defined under Minn Stat 179A.03, Subd. 17.
3.14 CITY MANAGER: The person designated or appointed by the City Council for the
purpose of holding and exercising the duties of that official position as it is defined in the
Hopkins City Charter.
ARTICLE 4 EMPLOYER AUTHORITY
4.1 The UNION recognizes the right of the EMPLOYER to operate and manage its affairs in
all respects in accordance with the laws and regulations of appropriate authorities
including municipality personnel policies and work rules. The prerogatives and authority
which the EMPLOYER has not officially abridged, delegated, or modified by this
AGREEMENT are retained by the EMPLOYER; such as, but not limited to:
Direct EMPLOYEES, Hire, promote, transfer, assign, retain EMPLOYEES in positions
and suspend, demote, discharge, or take other disciplinary action against EMPLOYEES.
4.2 Relieve EMPLOYEES from duties because of lack of work or other legitimate reasons.
4.3 Maintain the efficiency of the government operations; determine the methods, means, job
classification, and personnel by which such operations are to be conducted or performed.
LELS Local #171 -Hopkins Sergeants
City of Hopkins
4
2023-2026 Agreement
4.4 Take whatever action may be necessary in any emergency to promote the public general
welfare.
4.5 Determine reasonable schedules of work and establish the methods and processes by
which such work is performed.
ARTICLE 5 UNION SECURITY
5.1 In recognition of L.E.L .S. as the exclusive representative, the EMPLOYER agrees to
deduct from each pay check and remit to L.E.L.S. the amount certified in writing by
L.E .L.S. as the regular UNION dues, from the wages of each of those EMPLOYEES as
provided by the Public Employment Labor Relations Act as amended.
5.2 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all
claims, suits, orders, or judgments brought or issued against the EMPLOYER as a result
of any action taken or not taken by the EMPLOYER under the provisions of this Article.
5.3 The UNION 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 .
5.4 The EMPLOYER shall make space available on the employee bulletin board for posting
UNION notice(s) and announcement(s).
ARTICLE 6 EMPLOYEE RIGHTS -GRIEVANCE PROCEDURE
6.1 This grievance procedure is established for the purpose of resolving disputes involving
the interpretation or application of this AGREEMENT.
6.2 The EMPLOYER will recognize STEWARDS selected by the UNION as the grievance
representatives of the bargaining unit. The UNION shall notify the EMPLOYER in
writing of the names of such STEW ARDS and of their successors when so named.
6.3 A dispute or disagreement as to the interpretation or application of the specific terms and
conditions of this agreement or of disciplinary actions not covered by Police Review
Committee rules or regulations
LELS Local #171 .Hopkins Sergeants
City of Hopkins
5
2023-2026 Agreement
6.4 Grievances shall be resolved in the following manner:
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 to the EMPLOYEE'S supervisor as
designated by the EMPLOYER. The EMPLOYER designated representative will discuss
and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A
grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting
forth the nature of the grievance, the facts on which it is based, the provision or
provisions of the AGREEMENT allegedly violated, the remedy requested, and shall be
appealed to Step 2 within ten (10) calendar days after the EMPLOYER designated
representative's final answer in Step 1. Any grievance not appealed in writing to Step 2
by the UNION within ten (10) calendar days shall be considered waived.
Step 2. If appealed, the written grievance shall be presented by the UNION and discussed
with the EMPLOYER designated Step 2 representative. The EMPLOYER designated
representative shall give the UNION the EMPLOYER'S Step 2 answer in writing within
ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in
Step 2 may be appealed to Step 3 within ten (I 0) calendar days following the
EMPLOYER designated representative's final Step 2 answer. Any grievance not
appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be
considered waived.
Step 3. If appealed, the written grievance shall be presented by the UNI ON and discussed
with the EMPLOYER designated Step 3 representative. The EMPLOYER designated
representative shall give the UNION 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 UNION within ten (10) calendar days shall be
considered waived.
Step 3a. If the grievance is not resolved at Step 3 of the grievance procedure, the parties,
by mutual agreement, may submit the matter to mediation with the Bureau of Mediation
Services. Submitting the grievance to mediation preserves timelines for Step 4 of the
grievance procedure.
Step 4. A grievance unresolved in Step 3 or 3a and appealed to Step 4 by the UNION
shall be submitted to arbitration subject to the provisions of the Public Employment
Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in
accordance with the "Rules Governing the Arbitration of Grievances" as established by
the Bureau of Mediation Services.
EMPLOYEES presenting grievance may choose to be represented by the UNION.
LELS Local # 171 .Hopkins Sergeants
City of Hopkins
6
2023-2026 Agreement
All documents, communications and records dealing with a grievance shall be filed
separately from the personnel files of the mvolved employee(s).
The time limits established in the ARTICLE may be extended by mutual consent the
EMPLOYER and the UNION and shall be in writing.
6.5 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 on the specific issue(s) submitted in writing by the EMPLOYER and the UNION,
and shall have no authority to make a decision on any other issue not so submitted. 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 is later unless the parties agree to an extension. The decision shall be binding
on both the EMPLOYER and the UNION and shall be based solely on the arbitrator's
interpretation application of the express terms of this agreement and to the facts of the
grievance presented.
ARTICLE 7 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 judgment or decree no appeal has been
taken within the time provided, such provisions shall be voided. All other provisions of this
AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated
the written request of either party.
ARTICLE 8 SENIORITY
8.1 Seniority shall be determined by the employee's length of continuous employment at the
rank of Sergeant with the Police Department.
8.2 The EMPLOYER and the UNION agree that ability be considered foremost in
assignment and promotions. All original and promotional appointments shall be
probationary, and subject to a probationary period. During the probationary period a
promoted or reassigned employee may be replaced in his/her previous position at the sole
discretion of the EMPLOYER. Additional discipline for cause may be applied, per
Article 9.
A. 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.
LELS Local # 1 71 .Hopkins Sergeants
City of Hopkins
7
2023-2026 Agreement
B. Senior employees will be given preference with regard to transfer, job
classification assignments and promotions when the job relevant qualifications of
employees are equal.
C. One continuous vacation (at least three (3) days) period shall be selected on the
basis of seniority until March 31 of each calendar year.
8.3 Shift assignments for Sergeants in the patrol division of the DEPAR1MENT shall expire
in December of each year. At that time, Sergeants will bid for their patrol shift starting
the following January. Sergeants will be given preference of shifts based upon seniority
at the rank of Sergeant based upon date of promotion.
8.4 The position of Investigations Sergeant and Community Services!R.elief Sergeant will not
be an expiring bid-able position. These Sergeant positions will be appointed by the
CHIEF based upon Article 8.2 (B) of this agreement and will serve at the discretion of
the CHIEF.
ARTICLE 9 DISCIPLINE
9.1 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.
9.2 Suspension, demotions and discharges will be in written form.
9.3 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.
9.4 Employees may examine their own individual personnel files at reasonable times under
the direct supervision of the EMPLOYER.
9.5 Discharges will be preceded by a five (5) day suspension without pay except in cases of
Veterans pursuant to Minnesota statute.
9.6 Employees under investigation will not be questioned concerning an investigation of
disciplinary action unless the employee has been given an opportunity to have a UNION
representative present at such questioning.
LELS Local # 171 .Hopkins Sergeants
City of Hopkins
8
2023-2026 Agreement
9.7 Grievances relating to this ARTICLE shall be initiated by the UNION in Step 3 of the
grievance procedure under Article 6.
ARTICLE 10 CONSTITUTIONAL PROTECTION
Employees shall have the rights granted to all citizens by the United States and Minnesota State
Constitutions.
ARTICLE 11 WORK SCHEDULES
11 .1 The sole authority in work schedules is the EMPLOYER. 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) assigned training;
c) authorized leave time.
11.2 Authorized leave time is to be calculated on the basis of the actual length of time of the
assigned shifts. Nothing contained in this or any other Article shall be interpreted to be a
guarantee of a minimum or maximum number of hours the EMPLOYER may assign
EMPLOYEES.
11.3 Training time on days off shall be compensated at one and on half times the
EMPLOYEE'S hourly rate. Comp Time may be given instead of overtime pay. The
Comp Time must be given at a rate of one and on e half (I ½ ) hours per hour worked.
The choice of overtime or comp time shall be at the discretion of the EMPLOYER.
Comp Time shall be limited to a maximum accrual of 48 hours. Comp time records shall
be recorded and maintained by the Finance Department.
ARTICLE 12 OVERTIME
12.1 EMPLOYEES will be compensated at one and one-half (1 ½) times the EMPLOYEE'S
hourly 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.
Overtime will be distributed as equally as practicable.
12.2 For the purpose of computing overtime compensation, overtime hours worked shall not
be pyramided, compounded or paid twice for the same hours worked.
12.3 Overtime will be calculated to the nearest one-tenth of an hour.
12.4 EMPLOYEES have the obligation to work overtime or call backs if requested by the
EMPLOYER unless unusual circumstances prevent the EMPLOYEE from so working.
LELS Local# J 71 .Hopkins Sergeants
City of Hopkins
9
2023-2026 Agreement
ARTICLE 13 COURT TIME
13.1 An employee who is required to appear in court during his scheduled off-duty time shall
receive a minimum of three (3) hours pay at one and one-half (1 ½) times the employee's
base pay rate. An extension or early report to a regularly scheduled shift for court
appearance does not qualify the EMPLOYEE for the three (3) hour minimum.
13.2 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 standby pay earned.
ARTICLE 14 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 (1 ½) 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 minimum of three (3)
hours pay at one and one-half (1 ½) 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
mmunum.
ARTICLE 15 INSURANCE
15.1 Effective January 1, 2024 the EMPLOYER will contribute the following amounts:
Single -$1,225.32
Employee+ Spouse -$2,014.14
Employee+ Children -$1,989.38
Family -$2,043.50
15.2 For 2025 and 2026, the contract will be reopened solely for the discussion of health
insurance contributions.
15.3 All employees shall receive a minimum of single group health insurance coverage. For
those employees not selecting dependent coverage, the additional benefit, up to the
EMPLOYER maximum, may be used by the employees for additional available
insurance coverage or be placed in a deferred compensation plan, subject to limitations
specified in the EMPLOYER'S group policies.
15.4 Employees who choose to opt out of the City's health insurance program will receive
$360.00 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
$360.00 per month, employees hired after January 1, 2008 will receive $50.00 per month
if they opt out of the City's health insurance program.
LELS Local #171 .Hopkins Sergeants
City of Hopkins
10
2023-2026 Agreement
ARTICLE 16 UNIFORM ALLOWANCE
16.1 All employees shall receive an annual uniform and equipment allowance of $1,000 effective
January 1, 2024, $1,050 in 2025 and $1,100 in 2026.
16.2 The allowance shall be paid on or near January l annually as a separate check.
Employees hired into the unit after January 1 shall be provided with the necessary
unif onns in lieu of a uniform allowance. They will be eligible for the allowance in
subsequent years. Officers promoted to sergeant during the year will retain the officer's
uniform allowance. They will not be eligible for the Sergeant's uniform allowance until
the following year. Items purchased with this allowance are intended solely for use as an
employee of the city and are the property of the City of Hopkins. Uniform allowance may
be used to purchase any items not expressly prohibited by the department. If any items
need replacement after an employees allowance has been exhausted, such replacement is
the responsibility of the employee. Upon termination of employment, an employee will
return all city property as requested.
ARTICLE 17 SICK LEAVE, INJURY ON DUTY, FLEX LEAVE
17 .1 Sick Leave (Does not apply to employees receiving Flex Leave)
The regular shift working time consumed by the EMPLOYEES using earned vacation
leave or sick shall be considered to be working time for the purpose of accumulating
additional vacation or sick leave. Sick leave with pay shall be granted to all probationary
and permanent full time employees at the rate of eight (8) hours for each calendar month
or major fraction thereof. Sick leave shall be computed on a calendar year basis and may
be accumulated to a total of not more than nine hundred sixty (960) hours. Hours accrued
over 960 shall be banked and only used for extended illness.
17.2 Sick leave may be granted when necessary for personal illness, legal quarantine or
because of illness in the employee's family as defined in Minn. Stat. § 181.9413 or death
of spouse, children, step-children, grandchildren, parents, brothers, sisters, grandparents,
mother-in-law, or father-in-law of the employee. In order to be eligible for sick leave
with pay the employee shall:
a) report promptly to the department head the reason for his/her absence.
b) keep the department head, at all time, fully informed of his/her condition
including pennission for City Manager to make inquiries of such
employee's physician, surgeon, or other health establishment.
c) furnish upon demand to the city Manager any other information or
medical certificate that may be required.
No sick leave shall be granted except as pennitted in this Article or ordinance, and the
LELS Local #171 .Hopkins Sergeants
City of Hopkins
11
2023-2026 Agreement
claiming of sick leave whenever herein prohibited may be cause of disciplinary action,
including transfer, suspension, demotion, or dismissal by the City Manager.
17.2 Injury on Duty
Leave of absence with pay shall be granted to EMPLOYEES who become incapacitated
as a result of injury incurred though no misconduct of their own while in actual
performance of City assigned duties. EMPLOYEES must qualify for worker's
compensation payments to be eligible for such leave. This shall exclude any injuries
sustained while performing any off-duty services for which payment is made directly to
such EMPLOYEE by a contracting party other than the city. Such injury leave shall
continue for a maximum of seven hundred twenty (720) hours, unless it is determined
sooner by competent medical authority, approved by the City Manager, that the
EMPLOYEE may be required to submit to a medical examination at any time by a
physician selected by the City.
During such injury leave, the City shall pay such EMPLOYEE the amount representing
the difference between the EMPLOYEE'S basic pay and the amount received by him/her
from worker's compensation.
All payments made to the EMPLOYEE will be reduced by the total amount of all other
injury related benefits for which the EMPLOYEE is provided as a result of public
employment, including but not limited to: weekly worker's compensation, relief pension
plans, short or long-term disability payments, or City-paid group insurance payments.
The EMPLOYEE must apply for such benefits as soon as he is eligible therefore and the
EMPLOYER reserves the right to refuse injury leave if such application is not made.
For the purpose of this Article, "basic pay" shall mean any remuneration excluding
longevity.
17 .3 Flex Leave
The UNION hereby adopts the City of Hopkins' Flex Leave program. Union members
can continue on the existing vacation and sick leave program or choose to participate in
the Flex leave program. Employees who choose to participate in the Flex Leave Program
cannot return to the vacation and sick leave program.
Union employees hired after January 1, 2002, shall participate in the Flex Leave
Program. Employees of the bargaining unit will not be forced to accept Flex Leave if they
choose to remain in the existing Vacation/Sick Leave program
ARTICLE 18 FITNESS INCENTIVE
18.1 The City agrees to implement an annual fitness incentive program to be announced by
LELS Local #171 .Hopkins Sergeants
City of Hopkins
12
2023-2026 Agreement
Police Administration before July 1, 2024. All Employees who pass the required testing will be
eligible for the incentive payment in January 2025 and in the years after. The fitness incentive
amount will be equivalent to 1 % of the employee's base pay.
18.2 In the event, Police Administration is unable or unwilling to announce the perimeters of the
fitness incentive program by July 1, 2024, the Employees will automatically receive the
incentive.
ARTICLE 19 PAID TIME OFF
(Does not apply to any employee receiving Flex Leave)
19.1 All EMPLOYEES shall be eligible for paid time off except that no EMPLOYEE shall be
allowed to use paid time off until after the completion of the first six (6) months of the
probationary period, without the specific permission of the Chiefand City Manager. Paid time
off is accrued on a per pay period basis and may be used subse,quent to the pay period in which
it was earned.
19.2 EMPLOYEES shall earn paid time off according to the following schedule:
0-5 years
After 5 years
After 10 years
After 11 years
After 12 years
After 13 years
After 14 years
After 20 years
After 25 years
Hours
192.00
232.00
240.00
248.00
256.00
264.00
272.00
280.00
320.00
19.3 Paid Time Off may be used as earned, provided that the City Manager shall in each case
determine the time when such paid time off may be taken.
19 .4 Employees may accrue paid time off to a maximum of 200% of their annual entitlement.
Any employee whose accrued paid time off exceeds their cap on December 31 of any
year will lose all of the time that exceeds the cap. An employee may appeal to the City
Manager to exceed the cap if department scheduling problems or other unusual
circwnstances prevent the employee from using sufficient paid time off during the year.
The employee's supervisor must attest to the existence of the problem.
19.5 Any employee leaving the municipal service in good standing after giving proper notice
of such termination of employment shall be compensated for all paid time off accrued to
date of separation.
19.6 Conversion Option:
In December, Employees may submit an irrevocable election to convert up to 40 hours of
paid time off to the City's deferred compensation program or cash to be earned in the next
LELS Local # 171 .Hopkins Sergeants
City of Hopkins
13
2023-2026 Agreement
calendar year in taxable compensation in that next calendar year. Tue 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 .. After 15 years, an employee may convert up to 80 hours. After 25 years,
an employee may convert up to 120 hours. An Employee may appeal to the City Manager
to convert a higher number of hours if department scheduling problems or other unusual
circumstances prevent the Employee from using sufficient leave during the year. Tue
Employee's supervisor must attest to the existence of the problem . Employees are not
able to adjust these submissions during the present year.
ARTICLE 20 SALARY AND WAGE
Basic monthly rates for the EMPLOYEES covered by the AGREEMENT shall be as
follows. Movement through steps will be based upon time served after being promoted to
Sergeant.
Hourly 1/1/2024 12/31/2025 1/1/2026
Step 1 (Union
Promotion)
$59.05 $60.82 $62.64
Step 2 {After one
year) $61.10 $62.93 $64 .82
Step 3 {After two
years ) $63.15 $65.04 $66.99
EMPLOYER agrees to deduct and transmit such amounts of an EMPLOYEE'S deferred
compensation as EMPLOYEE authorizes and directs in writing.
No EMPLOYEE promoted from Patrol Officer to Sergeant shall be required to take a
reduction in pay.
ARTICLE 21 MISCELLANEOUS PROVISIONS
A. FALSE ARREST INSURANCE
EMPLOYER shall procure and maintain a policy or policies of "False Arrest" insurance,
at the City's expense, insuring EMPLOYEE from all claims covered by such policy or
policies in the sum of a minimum of one million ($1,000 ,000) Public Liability.
LELS Local #171 .Hopkins Sergeants
City of Hopkins
14
2023-2026 Agreement
B. SUPPLEMENTAL RETIREMENT
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.
C. SEVERANCE PAY
(Does not apply to any employee receiving Flex Leave)
After 5 years: 8 hours/year of service; after 10 years: daily wage rate x 12 hours/years of
service: OR a percentage of accumulated sick leave, 20% if separation occurs after 10
years but before 15 years; 25% 15 to 20 years; 33 1/3% after 20 years.
D . WAGE MEETINGS , UNION MEETINGS
The EMPLOYER hereby permits UNION officers to attend certain meetings called by
the EMPLOYER for negotiations on duty if the meeting time scheduled for a time when
the UNION officer is normally off duty.
When UNION meetings are called, members shall be allowed to attend, subject to calls
where police services are required.
E. WORKING CONDITIONS
The EMPLOYER agrees to make every effort possible to provide safe working
conditions by employing adequate manpower and safe equipment.
F . RESIDENCY
All EMPLOYEES will establish residency at a distance which will allow the
EMPLOYEE to reach the City Hall from his or her home by the most direct route by
automobile within 30 minutes. The EMPLOYEE shall maintain a telephone in working
order at all times.
G. HOLIDAY PAY
An EMPLOYEE required to work a shift on New Year's Day, Martin Luther King's Day,
Presidents' Day, Easter, Memorial Day, Juneteenth, 4th of July, Labor Day, Veterans'
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
LELS Local# 171 .Hopkins Sergeants
City of Hopkins
15
2023-2026 Agreement
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 ½) times the basic hourly pay rate: However, for hours
that are worked in excess of Employee's regularly ·sched\iled shift on a holiday,
Employee's shall be compensated at two (2) times their regular base rate ·ofpay: Under
n~ circums_ta~c·es :·will.the total compensation for the work on a Holiday exceed two (2)
tiriie~ the basic pay rate.
H. STANDBY PAY
EMPLOYEES required by the EMPLOYER to standby shall be paid for standby time at
the rate of one hour's pay for each hour on standby.
I. P.O.S.T. LICENSE
The Employer shall pay the P.O.S.T. license fees for Employees.
J. ON CALL PAY
When the EMPLOYER requires that the Investigative Sergeant be available for work and
be able to report for work in less than two hours, the employee shall be compensated at
the rate of $25.00 for each day on-call. Employees will forfeit one day of On-Call pay
and may be subject to disciplinary action for each day that they are unable to report to
work or cannot be located.
ARTICLE 22 TUITION REFUND
The EMPLOYEE may receive reimbursement for the cost of tuition and required text books for
those courses which have a direct relationship to the responsibilities embodied in the employees
position classification . EMPLOYEES shall initially make payment for such cost of tuition and
required text books but shall be reimbursed upon the submission of a satisfactory grade for the
course taken and a paid receipt for the tuition cost. Participating employees shall be required to
receive prior department head approval of each course taken in order to be eligible for
reimbursement.
ARTICLE 23 POST EMPLOYMENT HEALTH CARE SAVINGS PLAN
23.1 All members 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.
23.2 Each member of the union shall contribute the following amounts to the Plan:
LELS Local# 171 .Hopkins Sergeants
City of Hopkins
16
2023-2026 Agreement
I% of gross salary
ARTICLE 24 ADVANCE RESIGNATION ~OTICE PROGRAM
The City of Hopkins Advance Resignation Notice Program is hereby adopted.
The City's Advance Resignation Notice Pr-0gram is designed to improve the efficiency and
stability of the .City_'s workforce by encouraging employees to give the City advance notice of
their intent to resign. The purpose of this program is to begin the process o.f replacing an •
employee who is leaving the City as soon as possible after notice is received. This will reduce
the time that the position remains unfilled.1
This program is available to regular full-time non-union employees and any regular full-time
union employees whose union has adopted this policy into their contract.
In order to be eligible for an Advance Notice payment an employee must give at least 60 days
notice before his or her last day of work 2 . The agreement must be signed by both the employee
and the City Manager in order to be effective. The City reserves the right to refuse to enter into
this agreement with any employee.
The City will provide the following compensation for advance notice:
Sixty (60) days: $325.00
Ninety (90) days: $600.00
One Hundred and Twenty (120) days: $925 .00
One Hundred and Eighty (180) days: $1,300.00
Payment will be made after the termination date3 .
An employee has ten (10) days from the date they sign the agreement to rescind the decision.
After this, it is not possible for an employee to change their mind about resigning. There will no
longer be a position available after the agreed upon termination date. Refusing the Advance
Notice payment will not void the agreement.
If any other union or non-union employees receive any increase to the advance resignation
program, the increase will be applicable to all members of the bargaining unit.
ARTICLE 25 DURATION
This AGREEMENT shall be effective January 1, 2024 and shall remain in full force and effect
1 The City reserves the right to not replace any employee who resigns or to modify the position and duties prior to
hiring a new employee. This decision will not affect an employee's eligibility for an Advanced Notice payment.
2 The last day of work is defined, for this program, as the last day that an employee will be actively working for the
City. The employee may use accumulated vacation or flex leave to extend his or her termination date, which is
defined as the last day the employee is on the payroll.
3 Payments are subject to taxation.
LELS Local #171 .Hopkins Sergeants
City of Hopkins
17
2023-2026 Agreement
until the thirty-first day of December 2026, inclusive. In witness whereof, the parties have
executed this AGREEMENT on the 3rd Day of October. 2023.
FOR L.E.L.S., LOCAL #171:
~F---"--------+----==--=-------= J. ~ ;;;:>d f "'4-lo
LELS Local # 171 .Hopkins Sergeants
City of Hopkins
18
2023-2026 Agreement
APPENDIX 2
Drug and Alcohol Testing Agreement
1. PURPOSE
1.01 The purpose of this policy is to provide written guidelines in compliance with MN
Statutes 181.950-181.957 for requesting or requiring employees or job applicants to
undergo drug and/or alcohol testing. •
2. DEFINITIONS
2.01 For purposes of this policy, the following definitions will apply:
a. "City" means the City of Hopkins.
b. "Commissioner" means the Commissioner of the Minnesota Department of Health.
c. "Confirmatory test" and "confirmatory retest" mean a drug or alcohol test that uses a
method of analysis approved by the Commissioner under MN Stat. 181.953, Subd. 1,
as being reliable for providing specific data as to the drugs, alcohol, or their
metabolites detected in an initial screening test.
d. "Drug" means a controlled substance as defined in MN Stat. 152.01, Subd. 4.
e. "Drug and alcohol testing", "drug or alcohol testing," and "drug or alcohol test" mean
analysis of a body component sample approved by the Commissioner under MN Stat.
181.953, Subd. 1, for the purpose of measuring the presence or absence of drugs,
alcohol, or their metabolites in the sample tested.
f "Employer" means the City Manager and anyone appointed by the City Manager to a
regular position with the City who is paid through the City's payroll system.
g. "Initial screening test" means a drug or alcohol test that uses a method of analysis
approved by the Commissioner under MN Stat. 18 1.953, Subd. 1, as being capable of
providing data as to general classes of drugs, alcohol, or their metabolites.
h. "Job applicant" means a person who applies to become an employee of the City and
has received a job offer made contingent on the person passing drug testing.
1. "Medical Review Officer" means the individual at Park Nicollet who will receive all
laboratory results.
J. "Positive test result" means a finding of the presence of drugs, alcohol, or their
metabolites in the sample tested by a confirmatory test in levels at or above the
threshold detection levels set by the Department of Health rules. An alcohol test will
be considered positive if the testee has an alcohol concentration level of at least .05.
k. "Reasonable suspicion", means a basis for forming a belief based on specific facts and
rational inferences drawn from those facts.
1. "Threshold detection level" means the level at which the presence of a drug, drug
metabolite, or alcohol can be reasonably expected to be detected by a confinnatory
test by a certified laboratory.
3. CIRCUMSTANCES UNDER WIIlCH TESTING MAY OCCUR.
3.01 Drug testing is required foralljob applicants, as defined inSection2.0l of this policy.
3 .02 Drug and alcohol testing may be requested or required during on duty hours if the city has
a reasonable suspicion that a current employee:
a. Is under the influence of drugs or alcohol; or
b. Has violated the City's written work rules prohibiting the use, possession, sale, or
transfer of drugs or alcohol while the employee is working or while the employee is on
the City's premises or operating the City's vehicle, machinery, or equipment; or
c. Has sustained or caused another person to sustain substantial bodily harm or greater (as
defined in Minnesota Statutes 609.02, subdivision 7a); or
d . Has caused a work related accident or was operating or helping to operate machinery,
equipment, or vehicles involved in a work related accident.
e. Employees who have been referred by the City for chemical dependency treatment or
evaluation or who are participating in a chemical dependency treatment program as a
result of a positive drug or alcohol test or is participating in a chemical dependency
treatment program under an employee benefit plan. Such employees will be required to
undergo drug or alcohol testing without prior notice during the evaluation or treatment
period and for a period of up to two years following completion of any prescribed
chemical dependency treatment program.
f. Has discharged a firearm other than (a) on a target range, or (b) while conducting
authorized ballistics tests, or ( c) as authorized by Hopkins Police Department General
Order 101.21 concerning destruction of animals.
4. CITY REQUIREMENTS AND PROCEDURES
4.01 The City will post and maintain a: notice in appropriate and conspicuous locations at its
facilities that this policy has been adopted and that copies are available for inspection at
specified locations.
4.02 The City will use a facility for drug and/or alcohol testing which has been licensed by the
Department of Hea]th.
4.03 Before a job applicant or employee is required to submit to an alcohol and/or drug test, the
City will provide a form on which shall:
a. indicate whether the employee or job applicant has seen the City's drug and alcohol
testing policy, and
b. indicate that the employee or job applicant consents or does not consent to the drug test.
Failure to sign the consent form means that the employee or job applicant refuses to
submit to an alcohol and/or drug test.
2
4.04 The City 's designated laboratory will automatically perform a confirmatory test on all
samples that test positive. No adverse personnel action will be taken based on an initial
screening test that has not been verified by a confirmatory test.
4.05 Within three business days of the City's receipt of the results , the City will notify the
employee or job applicant of the results of the alcohol and drug test and of the individuals
rights specified in Sections 6 and 7 below and MN Statute 181.953, Subd . 10 and 1 I.
5. RIGHTS OF EMPLOYEES AND JOB APPLICANTS TO REFUSE TESTING
5.01 Applicants. If a job applicant for an affected position refuses to submit to a drug test, any
offer of employment shall be withdrawn and the City shall not consider the individual for
employment.
5.02 Employees. Employees who refuse to submit to an alcohol and/or drug test under the
circumstances enumerated in this policy may be subject to discipline up to and including
dismissal.
6. EFFECT OF POSITIVE CONFIRMATORY TEST
6.0 I Applicants. If a job applicant for an affected position tests positive on a confirmatory test
for drugs, any off er of employment shall be withdrawn and the City shall not consider the
individual for employment.
6 .02 Employees . Employees who test positive for alcohol and/or drugs for the first time, will be
given the opportunity to enter a City•approved drug and/or alcohol counseling or
rehabilitation program at the individual's own expense or through the employee's health
care provider. The City will consult with a certified chemical use counselor or a physician
trained in the diagnosis and treatment of chemical dependency before approving a program.
Employees who refuse to enter or fail to complete a program, may be dismissed.
Employees who elect to enter a program will be required to submit to alcohol and or drug
testing every six months. An employee who tests positive or refuses to submit to a test
during the first two years following entrance to such a program will be dismissed
immediately . This requirement for testing shaU only apply to employees who enter such a
program as a result of a positive drug or alcohol test.
6.03 Explained Results . If_a positive confirmatory test is caused by a drug prescribed for the
employee or an over the counter substance consumed in accordance with instructions, the
City will not take disciplinary action toward an employee or withdraw a job off er.
However, if the substance significantly impairs the employee's ability to perform assigned
duties or creates a safety risk, the City may reassign the employee to a position whose
duties can be safely and adequately performed, if one is available , or place the employee
on sick leave .
3
7. EMPLOYEE AND JOB APPLICANT RIGHTS AFTER A TEST
7.01 If an employee or job applicant tests positive for drug use, the employee shall be given
written notice of the right to explain the positive test and the City may request that the
employee or job applicant indicate any over-the-counter or prescription medication that
the individual is currently taking or has recently taken and any other information relevant
to the reliability of; or explanation for, a positive test result.
7.02 Within five days after receiving notification of a positive test result , an individual may
submit any information to explain the result and request in writing a confirmatory retest of
the original sample at the employee 's or job applicant's own expense . No adverse
personnel action will be taken if the confirmatory retest does not confirm the original test .
7 .03 An employee or job applicant may request and receive from the City, a copy of the drug or
alcohol test result report.
8. APPEAL PROCEDURE.
8.01 Employees may appeal decisions made by the City under this policy through the remedies
available through their collective bargaining units . Employees, who are not represented by
a collective bargaining unit, may appeal decisions through remedies available in the City's
personnel policy. The City wi11 not retaliate against an employee forpursuing an appeal or
the other remedies provided in Minn. Stat. 181.956 . An employee may also appeal under
the Veteran's Preference Act, if eligible.
9. MISCELLANEOUS.
9.01 The City's designated laboratory shall disclose test result data only to the City Manager or
the Assistant City Manager of the City of Hopkins .
9 .02 Test result reports and other data acquired by the City in the drug or alcohol testing process
is private data on individuals pursuant to Minnesota Statutes. The City will disclose the
information internally to management and confidential employees with a need to know and
to the tested individual. The information will not be released to any third party without the
written consent of the tested individual except under the following circumstances.
a. The data may be used in an arbitration proceeding pursuant to a collective bargaining
agreement, a veteran's preference hearing, other applicable state or local law, or a
judicial proceeding, provided that the information is relevant to the hearing or
proceeding.
b. The information may be disclosed to a federal agency or other unit of the United States
government as required by federal law, regulation, order, or contract .
c. The information may be disclosed to a substance abuse treatment facility for the purpose
of evaluation or treatment of the employee.
9.03 Positive tests result from the City's drug or alcohol testing program will not be used as
4
evidence in a criminal action against an employee or job applicant.
9.04 The City may suspend an employee requested to submit to testing if the City believes that
it is reasonably necessary for the protection of the individual, other employees, or the
public. The suspension will be with pay pending receipt of the test result, unless the
employee has violated a city policy or work rule that justifies a suspension without pay
regardless of the test result . In lieu of suspension, the City may temporarily transfer the
employee to another position at the same rate of pay. Positive test results will be handled
in accordance with Section 5, Effect of Positive Confirmatory Test, of this Policy . It shall
be the responsibility of the City Manager to detern::iine the date a suspended employee may
return to work.
9.05 The City Manager shall be responsible for implementing this policy.
Revised: January 2002
5