CR 07-126 Approve 2008/2009 Sergeant's Contract December 18, 2007 , Council Report 2007-126
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APPROVE 2008/2009 SERGEANT'S CONTRACT
Proposed Action
Staff recommends that the Council approve the following motion: Move approval of the 2008/2009
Contract for the Ser�eant's Union.
This action will ratify the 2008/2009 contract with the Sergeants Association, LELS Local 171.
Overview
The contract calls for a 3% wage increase effective January 1, 2008, and a 3% wage increase effective
January 1, 2009. The contract also provides for an increase in the City's contribution for insurance of
$13.00/month for 2008. The increase will apply for employees with family, Single + 1, or Single + Children
group health insurance. There is no increase for employees with single coverage. These employees will
continue to receive $535.00 per month. �
Primary Issues to Consider
•• What other economic issues are included in the new contract?
• How does this agreement fit in with the 2008/09 budget?
• How does this agreement compare to other contract settlements for 2008/09 in terms of wage and
benefit increases?
J e A. Genellie
A stant City Manager
Financial Impact: $ $18,4 30 in 2008 Budgeted: Y/N Y es Source: General Fund
Related Documents (CIP, ERP, etc.):
Notes:
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Council Report 2007-126
Page 2
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Analysis of the Issues
What other economic issues are included in the new contract?
• Employees will receive a$50 increase in their uniform allowance for 2008 and a$25 increase in 2009.
• A modification was made in the longevity scale. This results in an increase in salary for employees who
have been with the City for more than:seven years. This will help keep Hopkins pay more in line with
the metro average.
How does this agreement fit in the budget?
The City budgeted 3% for wage increases in 2008. The cost of the insurance increase is within the
budget. The small increase in insurance is due to the City switching insurance providers for 2008.
The City Council has not approved a budget for 2009. The proposed increase in wages, however, is
approximately what the finance department has been using for planning purposes.
How does this agreement compare to other contract settlements for 2008/09 in terms of wage and benefit
• increases?
2008 settlements for other cities have been coming in at 3% or above. There are not enough 2009
settlements to determine a trend.
Alternatives
1. Approve the contract. Pay and benefit increases will be included in the next payroll.
2. Do not approve the contract. Staff would have to renegotiate the contract.
Staff recommends Alternative #1.
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• MASTER AGREEMENT
BETWEEN
CITY OF HOPKINS
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
(L.E.L.S. LOCAL #171)
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January 1, 2008 through December 31, 2009
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I TABLE OF CONTENTS ;;;u
ARTICLE 1 PURPOSE OF AGREEMENT .................................................................................. 4
ARTICLE RECOGNITION ..............................................:......................................................... 4
'I ARTICLE 3 DEFINITIONS ........................................................................................................... 4
; ARTICLE 4 EMPLOYER AUTHORITY ............................................................................. ... 5
' ARTICLE 5 UNION SECURITY .............:.................................................................................... 6
'� ARTICLE 6 EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE ............................................ 6
� ARTICLE 7 SAViNGS CLAUSE .................................................................................................. 8
ARTICLE8 SENIORITY ............................................................................................................... 8
ARTICLE 9 DISCIPLINE ...:.......................................................................................................... 9
ARTICLE 10 CONSTITUTIONAL PROTECTION ..................................................................... 9
ARTICLE i 1 WORK SCHEDULES ........................................................................................... 10
ARTICLE12 OVERTIME ........................................................................................................... 10
ARTICLE13 COURT TIME ....................................................................................................... 10
ARTICLE CALL BACK TIME .............................................................................................. 11
ARTICLE 151NSURANCE .........................................................................................................11
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ARTICLE 16 UNIFORM ALLOWANCE ................................................................................... 11
ARTICLE 17 SICK LEAVE, INJIJRY ON DUTY, FLEX LEAVE ........................................... 12
ARTICLE 18 LONGEVITY PAY AND EDUCATIONAL INCENTIVES ................................ 13
ARTICLE19 PAID TIME OFF ................................................................................................... 14
ARTICLE 20 SALARY AND WAGE ......................................................................................... 15
ARTICLE 21 MISCELLANEOUS PROVISIONS ...................................................................... 15
A. FALSE ARREST 1NSURANCE .....................................:................................................ 15
B. SUPPLEMENTAL RETIREMENT ................................................................................. 15
C. SEVERANCE PAY .......................................................................................................... 15
i � D. WAGE MEETINGS, UNION MEETINGS ..................................................................... 15
� E. WORKING CONDITIONS ..............................................................................................16
F. RESIDENCY .................................................................................................................... 16
G . HOLIDAY PAY ...........................................................................:.:................................. 16
H. STANDBY PAY ..........................................:.................................................................... 16
I. P.O.S.T. LICENSE ....:...................................................................................................... 16
J. ON CALL PAY ................................................................................................................ 17
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ins Sergeants 2
. i f p i 2008/09 Agreement
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� ARTICLE 22 TUITION REFUND .............................................................................................. 17
ARTICLE 23 ADVANCE RESIGNATION NOTICE PROGRAM ............................................ 17
ARTICLE DURATION ........................................................................................................... 18
APPENDIX 1 EDUCATIONAL INCENTIVE PLAN
APPENDIX 2 DRUG AND ALCOHOL TESTING AGREEMENT
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LELS Local #171-Hopkins Sergeants � � � ' 3 "�
City of Hopkins � 2008/09 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 LTNION:
It is the intent and purpose of this AGREEMENT to:
I � l. Promote sound and mutually beneficial working and economic relationships
i between parties hereto;
2. To provide an orderly and peaceful means of resolving any grievances which may
arise;
! 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.
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� The EMPLOYER and the iJNION, 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.
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' ARTICLE 2 RECOGNITION "
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21 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
I classifications:
SERGEANT
2.2 In the event the EMPLOYER and L.E.L.S. are unable to a ee as to the inclusion or
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exclusion of a new or modified job class, the issue shall be submitted to the Bureau of
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i Mediation Services for determmation.
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ARTICLE 3 DEFINITIONS
3.1 iJNION: Law Enforcement Labor Services, Inc
3.2 i1NION MEMBER: A member of the Hopkins Police Sergeants' Union.
3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit, male or female,
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where the word he is used, it is inclusive of she
� 3.4 DEPARTMENT: The Hopkins Police Department.
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j 3.5 EMPLOYER: The City of Hopkins.
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LELS Local #171-Hopkins Sergeants 4
City of Hopkins 2008/09 Agreement
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• 3.6 CHIEF: The Chief of the Hopkins Police Department.
3.7 LTNION OFFICER: Officer elected or appointed by the Hopkins Police Sergeant's
Union.
3.8 BASIC PAY RATE: 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 LiJNCH 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 IJNION 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 iJNION 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.
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LELS Local #171 .Hopkins Sergeants 5
City of Hopkins 2008/09 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.
A�2TICLE 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 LTNION 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 a11
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 iJNION may designate employees from the bargaining unit to act as Stewaxd 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
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LTNION 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 LTNION as the grievance
representatives of the bargaining unit. The ITNION shall notify the EMPLOYER in
writing of the names of such STEWARDS and of their successors when so named.
', 63 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
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
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i LELS Local #171 .Hopkins Sergeants 6
� Ciry of Hopkins 2008/09 Agreement
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� 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 iJNION within ten (10) calendar days shall be considered waived.
Step 2. If appealed, the written grievance sha11 be presented by the ITNION and discussed
with the EMPLOYER designated Step 2 representative. The EMPLOYER designated
representative shall give the LJNION 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 IJNION within ten (10) calendar days shall be
considered waived.
Step 3. If appealed, the written grievance shall be presented by the LJNION 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 LTNION 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 LJNION "
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 ITNION.
All documents, communications and records dealing with a grievance shall be filed
separately from the personnel files of the involved employee(s).
The time limits established in the ARTICLE may be extended by mutual consent the
EMPLOYER and the iJNION and shall be in writing.
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LELS Loca1 # 171-Hopkins Sergeants '7
City of Hopkins 2008/09 Agreement
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 iJNION,
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 EMPLQYER and the LTNION 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
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8.1 Seniority sha11 be determined by the employee's length of continuous employment at the
I , rank of Sergeant with the Police Deparhnent.
8.2 The EMPLOYER and the UNION agree that ability be considered foremost in
assi nment and romotions. All ori inal and romotional a ointments shall be
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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
j discretion of the EMPLOYER. Additional discipline for cause may be applied, per
� • Article 9.
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'; 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.
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.
LELS Local # 171 -Hopkins Sergeants g
City of Hopkins 2008/09 Agreement
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� 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 iJNION
representative present at such questioning.
9.7 Grievances relating to this ARTICLE shall be initiated by the LTNION 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.
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LELS Local #171-Hopkins Sergeants 9
City of Hopkins 2008/09 Agreement
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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.
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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 EMPLOYEES assigned to attend schools, training sessions, and other projects designed
for training during the EMPLOYEE'S off duty hours shall receive straight-time credit for
such attendance until they have fulfilled any time-owed requirements.
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I � ARTICLE 12 OVERTIME
12.1 EMPLOYEES will be compensated at one and one-half (1 times the EMPLOYEE'S
� hourly rate for hours worked in excess of the EMPLOYEE'S regularly scheduled shift.
i 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. j
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12.4 EMPLOYEES have the obligation to work overtime or call backs if requested by the I
EMPLOYER unless unusual circumstances prevent the EMPLOYEE from so working.
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 %2) 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. I
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.
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LELS Local #171-Hopkins Sergeants i� ,
City of Hopkins 2008/09 Agreement ',
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• 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 %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 minimum of three (3)
hours pay at one and one-half (1'/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 15 INSURANCE
15.1 Effective Januar,y 1, 2008, the EMPLOYER will contribute up to a maximum of Nine
Hundred Dollars $900.00 per month for full-time employees with family, Single +1, or
Single + Children group health insurance and five hundred and thirty-five dollars
($535.00) per month for full-time employees with single group health insurance.
The EMPLOYER will contribute an additional fifteen ($15.00Zper month in 2008 to
members �rovided members complete on-line health assessment surve ��s.
Effective Januarv 1, 2009 - Increase for employees with family, Single +1, or Single +
Children group health insurance equal to 1/2 of the average increase in family insurance
• and five hundred and thirty-five dollars ($535.00) per month for full-time employees
with single group health insurance. The contract will be re-opened solely for discussion
of health insurance contributions in the employee's share of the insurance increases more
than $60 per month in 2009.
15.2 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.
15.3 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 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.
ARTICLE 16 UNIFORM ALLOWANCE
All employees sha11 receive an annual uniform and equipment allowance of $800.00 effective
January 1, 2008. Uniform allowance will be increased to $825.00 effective Jan . ua yry 1, 2009.
The allowance shall be paid on or near January 1 annually as a sepaxate check.
� Employees hired into the unit after January 1 shall be provided with the necessary
uniforms in lieu of a uniform allowance. They will be eligible for the allowance in
LELS Local #171-Hopkins Sergeants 11
City of Hopkins 2008/09 Agreement
; subsequent years. Officers promoted to sergeant during the year will retain the officer's �
I 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
I � 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 pro erty as re uested.
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ARTICLE 17 SICK LEAVE, INJURY ON DUTY, FLEX LEAVE
I 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.
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Sick leave may be granted when necessary for personal illness, legal qua.rantine or
because of illness 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 permission 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 permitted in this Article or ordinance, and the
claiming of sick leave whenever herein prohibited may be cause of disciplinary action,
including transfer, suspension, demotion, or dismissal by the City Manager.
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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
LELS Local #171-Hopkins Sergeants 12
City of Hopkins 2008/09 Agreement
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� 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 deternuned
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 LTNION hereby adopts the Crty of Hopkins' Flex Leave program. Uruon 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 LONGEVITY PAY AND EDUCATIONAL INCENTIVES
Longevit�pav shall be as follows:
After 4 years 3% Sergeant's base pay rate
After 7 years 6% Sergeant's base pay rate
After 10 years 8% Sergeant's base pay rate
After 13 years 10% Sergeant's base pay rate
All permanent Sergeants must choose either the Longevity Plan or the College Education
Incentive Program. Any change in this choice must be approved by the Chief of Police
• and the City Manager; 24 months must elapse between such changes.
LELS Local # 171-Hopkins Sergeants 13
City of Hopkins 2008/09 Agreement
College Education Incentive , u
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EMPLOYEES uali in for Colle e Education Incentive a ent under the rovisions
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of the agreement attached hereto as APPENDIX I, shall be paid at the equivalent credit
rate of $.50 per applicable credit hour.
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 sha11 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 Chief and City Manager. Paid time
off is accrued on a per pay period basis and may be used subsequent to the pay period in
which it was eamed.
19.2 EMPLOYEES sha11 earn paid time off according to the following schedule:
Hours
0- 5 years 184
After 5 years 224
After 10 years 232
After 11 years 240 ��� .
After 12 years 248
After 13 years 256
After 14 years 264
After 20 years 272
After 25 years 312 �
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 cmployce whose accrucd paid time off �xcc�ds thcir cap on D�ccmbcr 31 of any
� yeax will lose all of the time that exceeds the cap. An employee may appeal to the City
i Manager to exceed the cap if department scheduling problems or other unusual
� circumstances 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.
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City of Hopkins 2008/09 Agreement
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. ARTICLE 20 SALARY AND WAGE
Basic monthly rates for the EMPLOYEES covered by the AGREEMENT shall be as
follows:
onthl Sal Effective: 1/1/08 1/1/09
. A. Temporary or Probationary $5,771.44 $5,944.58
B. Sergeants $6,074.15 $6,256.37
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 1NSURANCE
� 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.
B. SUPPLEMENTAL RETIREMENT
EMPLOYER agrees to provide an additional retirement contribution of $25.00 per month
per sworn officer for a variable a.nnuity 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
LELS Local #171-Hopkins Sergeants 15
City of Hopkins 2008/09 Agreement
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the LTNION officer is normally off duty. ,
When LJNION 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 sha11 maintain a telephone in working
order in his or her residence at all times.
G. HOLIDAY PAY
An EMPLOYEE required to work a shift on New Year's Day, Martin Luther King's
Birthday, Easter, Memorial Day, 4th of July, Labor Day, Tha.nksgiving 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 times the basic hourly pay rate. Under no
circumstances will the total compensation for the work on a holiday exceed one and one-
half (1 %2) times the basic pay rate.
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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 stanclby.
I. P.O.S.T. LICENSE
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The Employer shall pay the P.O.S.T. license fees for Employees.
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City of Hopkins 2008/09 Agreement
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• 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 ADVANCE RESIGNATION NOTICE PROGRAM
The City of Hopkins Advance Resignation Notice Program is hereby adopted.
The City's Advance Resignation Notice Program 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 of 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.
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 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: $250.00
Ninety (90) days: $450.00
One Hundred and Twenty (120) days: $700.00
Payment will be made after the termination date
' 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 1'7
City of Hopkins 2008/09 Agreement
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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 anv increase to the advance resi ng ation
pro�ram, the increase will be ap�licable to all members of the bar a� ining unit.
ARTICLE 24 DURATION
This AGREEMENT shall be effective as of January 1, 2008 and shall remain in full force and
effect until the thirty-first day of December 2009, inclusive. In witness whereof, the parties have
executed this AGREEMENT on the Day of
FOR THE CITY OF HOPKINS FOR L.E.L.S., LOCAL #171:
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Ciry of Hopkins 2008/09 Agreement
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. APPENDIX I
EDUCATIONAL INCENTIVE PLAN
CITY OF HOPKINS POLICE DEPARTMENT •
The increasing complexity of police activities dictates that steps be taken by all local police
departments to encourage police officers to continue their formal education and attract to the
force individuals with strong academic backgrounds. Acknowledging this need, the Hopkins City
Council has funded an educational incentive program for police officers for college credits and
classroom work in police science. This memorandum outlines the rules and regulations of this
program.
Features of Educational Incentive Pro�
1. There will be no minimum number of credits needed to qualify for educational incentive
PaY•
2. An officer must complete one year on the Hopkins Police Department before educational
incentive pay can be earned.
3. The basic POST certification must be completed to qualify, and the hours for this
� schooling apply toward the educational payment.
4. The records and transcripts of the work for which eligibility is requested will be reviewed
and approved or disapproved by the Police Chief, and certified to the City Manager on
January 1, of each year, for that year.
5. Minimum passing grade will be the passing grade of the University or training school.
6. There will be no limit on the number of years having passed since the course was taken.
7. Once an EMPLOYEE receives a degree, all the credits required to obtain that degree
shall qualify for payment.
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APPENDIX 2 �
I Drug and Alcohol Testing Agreement
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� 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 "confirtnatory retest" mean a drug or alcohol test that uses a
method of analysis approved by the Commissioner under MN Stat. 181.953, Subd. l,
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
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analysis of a body component sample approved by the Commissioner under MN Stat.
181.953, Subd. 1, for the purpose of ineasuring 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.
i. "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
I; metaboiite, or alcohol can be reasonably expected to be detected by a confirmatory
j test by a certified laboratory.
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• 3. CIRCUMSTANCES UNDER WHICH TESTING MAY OCCUR.
3.01 Drug testing is required for all job applicants, as defined in Section 2.01 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 Health.
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/ar drug test.
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4.04 The City's designated laboratory will automatically perform a confirmatory test on all ; -�,b
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 l.
i 5. RIGHTS OF EMPLOYEES AND JOB APPLICANTS TO REFUSE TESTING
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� 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
6.01 Applicants. If a job applicant for an affected position tests positive on a confirmatory test
I '� for drugs, any offer of employment shall be withdrawn and the City shall not consider the
! individual for employment. � `�'�
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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 sha11 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
I City will not take disciplinary action toward an employee or withdraw a job ofFer.
� However, if the substance significantly impairs the employee's ability to perform
j 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.
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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 will not retaliate against an employee
for pursuing 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.
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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
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 sha11
� be the responsibility of the City Manager to determine the date a suspended employee
may return to work.
9.05 The City Manager shall be responsible for implementing this policy.
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Revised: January 2002
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