IV.4. Approval of 2024-2026 Contract with LELS #143; Lenz CITY OF HOPKINS
City Council Report 2023-112
To: Honorable Mayor and Council Members
Mike Mornson, City Manager
From: Ari Lenz, Assistant City Manager
Date: October 17, 2023
Subject: Approval of 2024-2026 Contract with LELS #143
_____________________________________________________________________
RECOMMENDED ACTION
MOTION TO Approve 2024-2026 Union Contract with LELS #143.
This will ratify a three year contract with the Public Service Officers (PSOs).
OVERVIEW
The contract calls for a 3.0% wage increase effective January 1, 2024, 2025 and 2026.
The wages are within budget for 2024 and the insurance contributions are consistent
with past practice and other pending union agreements.
Primary issues to consider:
•What other economic issues are included in the new contract?
•Will the agreement keep the City Market competitive?
•How does the agreement fit into the 2024 proposed budget.
Analysis of Issues
What other economic issues are included in the new contract?
The agreement implements a minor adjustment to the uniform allowance, a $100
increase in 2024, an additional $50 increase in 2025 and an additional $50 increase in
2026. Uniform allowances have not been adjusted since 2017 a minor increase is
warranted given inflationary changes.
Will the agreement keep the City market competitive?
The compensation in this agreement is consistent with the Citywide market study results
and we believe will put the City of Hopkins at the appropriate spot in the labor market.
How does the agreement fit into the 2024 proposed budget.
The agreement is within the budgeted amounts in the proposed budget. Estimated
budget impact in 2024 is $12,159.
Administration
SUPPORTING INFORMATION
•2024-26 Union Agreement
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MASTER LABOR AGREEMENT BETWEEN
CITY OF HOPKINS
AND
HOPKINS POLICE PUBLIC SERVICE OFFICER
(L.E.L.S. LOCAL #143)
January 1, 2024- December 31, 2026
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Table of Contents
ARTICLE 1 PURPOSE OF AGREEMENT ........................................................................................................ 3
ARTICLE 2 RECOGNITION .............................................................................................................................. 3
ARTICLE 3 DEFINITIONS ................................................................................................................................ 3
ARTICLE 4 EMPLOYER SECURITY ............................................................................................................... 4
ARTICLE 5 EMPLOYER AUTHORITY ............................................................................................................ 4
ARTICLE 6 UNION SECURITY ........................................................................................................................ 4
ARTICLE 7 EMPLOYEE RIGHTS GRIEVANCE PROCEDURE .................................................................... 5
ARTICLE 8 SAVINGS CLAUSE ....................................................................................................................... 7
ARTICLE 9 SENIORITY .................................................................................................................................... 7
ARTICLE 10 DISCIPLINE ................................................................................................................................... 8
ARTICLE 11 CONSTITUTIONAL PROTECTION ............................................................................................. 9
ARTICLE 12 WORK SCHEDULES ..................................................................................................................... 9
ARTICLE 13 OVERTIME ..................................................................................................................................... 9
ARTICLE 14 COURT TIME ............................................................................................................................... 10
ARTICLE 15 CALL BACK TIME ...................................................................................................................... 10
ARTICLE 16 WORKING OUT OF CLASSIFICATION.................................................................................... 10
ARTICLE 17 INSURANCE ................................................................................................................................ 10
ARTICLE 18 UNIFORMS ................................................................................................................................... 11
ARTICLE 19 INJURY ON DUTY ...................................................................................................................... 12
ARTICLE 20 SICK LEAVE ................................................................................................................................ 12
ARTICLE 21 PAID TIME OFF ........................................................................................................................... 13
ARTICLE 22 FLEX LEAVE ............................................................................................................................... 14
ARTICLE 23 HOLIDAYS ................................................................................................................................... 15
ARTICLE 24 SEVERENCE PAY ....................................................................................................................... 15
ARTICLE 25 ADVANCE RESIGNATION NOTICE PROGRAM .................................................................... 15
ARTICLE 26 SUBSTANCE ABUSE .................................................................................................................. 16
ARTICLE 27 BEREAVEMENT LEAVE ............................................................................................................ 16
ARTICLE 28 WAIVER ....................................................................................................................................... 16
ARTICLE 29 DURATION .................................................................................................................................. 18
APPENDIX A: PUBLIC SERVICE OFFICERS ......................................................................................................... 19
APPENDIX B: DRUG AND ALCOHOL TESTING ................................................................................................... 20
MEMORANDUM OF UNDERSTANDING ............................................................................................................... 25
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ARTICLE 1 PURPOSE OF AGREEMENT
This Agreement is entered into between the City of Hopkins, hereinafter called the Employer,
and the Hopkins Public Service Officer, L.E.L.S. Local #143, hereinafter called the Union. It is
the intent and purpose of this Agreement to:
1.1 Establish procedures for the resolution of disputes concerning this Agreement's
interpretation and/or application; and
1.2 Place in written form the parties' agreement upon terms and conditions of employment
for the duration of this Agreement.
ARTICLE 2 RECOGNITION
2.1 The Employer recognizes Law Enforcement Labor Services, Inc. as the exclusive
representative, under Minnesota Statutes, Section 1 79.7 1 , Subdivision 3, for all police
personnel in the following job classification:
All Public Service Officers employed by the City of Hopkins Police
Department, Hopkins, Minnesota, whose employment service exceeds the lesser of 14
hours per week or 35 percent of the normal workweek and more than 100 workdays per
year, excluding all other employees.
2.2 In the event the Employer and the Union are unable to agree as to the inclusion or
exclusion of a new or modified job class, the issue shall be submitted to the Bureau of
Mediation Services for determination.
ARTICLE 3 DEFINITIONS
3.1 UNION: The Hopkins Public Service Officer, L.E.L.S. Local #143
3.2 UNION MEMBER: A member of the Hopkins Public Service Officer Local #143
3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit.
3.4 DEPARTMENT: The City of Hopkins Police Department.
3.5 EMPLOYER: The City of Hopkins.
3.6 CHIEF: The Chief of the Hopkins Police Department.
3.7 OFFICER: Officer elected or appointed by the Hopkins Public Service Officer
Local #143
3.8 BASE PAY RATE: The Employee's hourly pay rate exclusive of overtime, court time
pay or any special allowance.
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3.9 OVERTIME: Work performed at the express authorization of the Employer in Excess
of the Employee's scheduled shift.
3.10 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break.
3.11 REST BREAKS: Periods during the SCHEDULED SHIFT during which the
Employee remains on continual duty and is responsible for assigned
duties.
3.12 TRAINING: Actual hours spent on assigned training shall be credited to the
fulfillment of the normal work year. Travel time to and from
training sessions will not be credited.
3.13 LUNCH BREAK: A period during the SCHEDULED SHIFT during which the
Employee remains on continual duty and is responsible for assigned
duties.
ARTICLE 4 EMPLOYER SECURITY
The Union agrees that during the life of this Agreement that the Union will not cause, encourage,
participate in or support any strike, slow-down or other interference with the normal function of
the Employer.
ARTICLE 5 EMPLOYER AUTHORITY
5.1 The Employer retains the full and unrestricted right to operate and manage all manpower,
facilities, and equipment; to establish functions and programs; to set and amend budgets;
to determine the utilization of technology; to establish and modify the organizational
structure; to select, direct, and determine the number of personnel; to establish work
schedules, and to perform any inherent managerial functions not specifically limited by
this Agreement.
5.2 Any term and condition of employment not specifically established or modified by this
Agreement shall remain solely within the discretion of the Employer to modify, establish,
or eliminate.
ARTICLE 6 UNION SECURITY
6.1 The Employer shall deduct from the wages of Employees who authorize such a deduction
in writing an amount necessary to cover monthly Union dues. Such monies shall be
remitted as directed by the Union.
6.2 The Union 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.
6.3 The Employer shall make space available on the Employee bulletin board for posting
Union notice(s) and announcement(s).
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6.4 The Union agrees to indemnify and hold the Employer harmless against any and all
claims, suits, orders, or judgments brought or issued against the Employer as a result of
any action taken or not taken by the Employer under the provisions of this Article.
ARTICLE 7 EMPLOYEE RIGHTS GRIEVANCE PROCEDURE
7.1 DEFINITION OF GRIEVANCE
A Grievance is defined as a dispute or disagreement as to the Interpretation or
application, of the specific terms and conditions of this Agreement.
7.2 UNION REPRESENTATIVES
The Employer will recognize Representatives designated by the Union as the grievance
representatives of the bargaining unit having the duties and responsibilities established
by this Article. The Union shall notify the Employer in existing of the names of such
Union Representatives and of their successors when so designated as provided by 6.2 of
the Agreement.
7.3 PROCESSING OF A GRIEVANCE
It is recognized and accepted by the Union and the Employer that the processing of
grievances as hereinafter provided is limited by the job duties and responsibilities of the
Employees and shall therefore be accomplished during normal working hours only when
consistent with such Employee duties and responsibilities.
The aggrieved Employee and Union Representatives shall be allowed a reasonable
amount of time without loss in pay when a grievance is investigated and presented to the
Employer during normal working hours provided that the Employee and the Union
Representative have notified and received the approval of the designated supervisor who
has determined that such absence is reasonable and would not be detrimental to the work
programs of the Employer.
7.4 PROCEDURE
Grievances, as defined by Section 7.1, shall be resolved in conformance with the
following procedures:
Step 1. An Employee claiming a violation concerning the interpretation or application of
this Agreement shall within twenty-one (21) calendar days after such alleged
violations have occurred, present such grievance in writing to the Employee's
supervisor as designated by the Employer. The Employer-designated
representative will discuss and give an answer to such Step 1 grievance within ten
(10) calendar days after receipt. A grievance not resolved in Step 1 and appealed
to Step 2 shall be placed in writing setting forth the nature of the grievance, the
facts on setting forth the nature of the grievance, the facts on which it is based, the
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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 (10) 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 Union 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 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 4. A grievance unresolved in Step 3 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. 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.
7.5 ARBITRATOR'S AUTHORITY
A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract
from the terms and conditions of this Agreement. The arbitrator shall consider and decide
only the specific issue(s) submitted in writing by the Employer and the Union, and shall
have no authority to make a decision on any other issue not so submitted.
B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with,
or modifying or varying in any way the application of laws, rules or regulations having
the force and effect of law. The arbitrator's decision shall be submitted in writing within
thirty (30) days following close of the hearing or the submission of briefs by the parties,
whichever be later, unless the parties agree to an extension. The decision shall be
binding on both the Employer and the Union and shall be based solely on the arbitrator's
interpretation or application of the express terms of this agreement and to the facts of the
grievance presented.
C. The fees and expenses for the arbitrator's services and proceedings shall be borne
equally by the Employer and the Union provided that each party shall be responsible for
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compensating its own representatives and witnesses. If either party desires a verbatim
record of the proceedings, it may cause such a record to be made providing it pays for
the record. If both parties desire a verbatim record of the proceedings, the cost shall be
shared equally.
7.6 WAIVER
If a grievance is not presented within the time limits set forth above, it shall be considered
"waived." If a grievance is not appealed to the next step within the specified time limit or
any agreed extension thereof, it shall be considered settled on the basis of the Employer's
last answer. If the Employer does not answer a grievance or an appeal thereof within the
specified time limits, the Union may elect to treat the grievance as denied at that step and
immediately appeal the grievance to the next step. The time limit in each step may be
extended by mutual written agreement of the Employer and the Union in each step.
If, as a result of the written Employer response in Step 3, the grievance remains
unresolved, and if the grievance involved the suspension, demotion, or discharge of an
Employee who had completed the required probationary period, the grievance may be
appealed either to Step 4 of the Article 7 or a procedure such as: Civil Service, Veteran's
Preference, or Fair Employment. If appealed to any procedure other than Step 4 of Article
7, the grievance is not subject to the arbitration procedure as provided in Step 4 of Article
7.
The aggrieved Employee shall indicate in writing which procedure is to be utilized - Step 4
of Article 7 or another appeal procedure-and shall sign a statement to the effect that the
choice of any other hearing precludes the aggrieved Employee from making a subsequent
appeal through Step 4 of Article 7.
ARTICLE 8 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 at
the written request of either party.
ARTICLE 9 SENIORITY
9.1 Seniority shall be determined by the Employee's length of continuous employment with
the City of Hopkins and posted in an appropriate location. Seniority rosters may be
maintained by the Chief on the basis of time in grade and time within specific
classifications. Employees re-entering employment with the City of Hopkins, after less
than one year from their date of separation, shall have their seniority as of the date of
separation restored.
9.2 During the probationary period, a newly hired or rehired Employee may be discharged at
the sole discretion of the Employer. During the probationary period, a promoted or
reassigned Employee may be replaced in their previous position at the sole discretion of
the Employer. The probationary period for new employees shall be one year.
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9.3 A reduction of work force will be accomplished on the basis of seniority. Employees
shall be recalled from layoff on the basis of seniority. An Employee on layoff shall have
an opportunity to return to work within two years of the time of their layoff before any
new Employee is hired.
9.4 Senior Employees will be given preference with regard to transfer, job classification
assignments and promotions when the job-relevant qualifications of Employees are equal.
9.5 Shift assignments shall be for the duration of one (1) year and shall be bid by employees
on the basis of seniority at least one month in advance of the expiration of the current
shift assignment. Senior qualified Employees shall be given shift assignment preference
after twelve (12) months of continuous full-time employment.
9.6 One continuous paid time off period (up to two weeks) shall be selected on the basis
of seniority until March 31 each calendar year.
ARTICLE 10 DISCIPLINE
10.1 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.
10.2 Suspension, demotions and discharges will be in written form.
10.3 Written reprimands, notices of suspensions, 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. Employees and the Union will receive a copy of such reprimands and/or
notices.
10.4 Employees may examine their own individual personnel files at reasonable times under the
direct supervision of the Employer.
10.5 Discharges will be preceded by a five (5) day suspension without pay.
10.6 Employees will not be questioned concerning a matter that may lead to disciplinary action
against the Employee unless the Employee has been given an opportunity to have a Union
representative present at such questioning.
10.7 Grievances relating to this ARTICLE shall be initiated by the Union in Step 3 of the
grievance procedure under Article 7.
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ARTICLE 11 CONSTITUTIONAL PROTECTION
Employees shall have the rights granted to all citizens by the United States and Minnesota State
Constitutions.
ARTICLE 12 WORK SCHEDULES
12.1 The normal work year is two thousand and eighty hours (2,080) to be accounted for by
each Employee through:
a) hours worked on assigned shifts;
b) assigned training;
c) authorized leave time.
12.2 Authorized leave time is to be calculated on the basis of the actual length of time of the
assigned shifts.
12.3 Nothing contained in this or any other Article shall be interpreted to be a guarantee of a
minimum/maximum number of hours the Employer may assign Employees.
ARTICLE 13 OVERTIME
13.1 Employees will be compensated at one and one-half (11/2) times the Employee's regular
base pay rate for hours worked in excess of the Employee's regularly scheduled shift.
Changes of shifts do not qualify an Employee for overtime under this Article.
13.2 Compensatory time may be given instead of overtime pay. The compensatory time must
be given at a rate of one and one-half (1½) hours per overtime hour worked.
Compensatory time shall be limited to a maximum accrual of forty-eight (48) hours. The
use of compensatory time is similar to the use of Flex Leave. Employees must request the
use of compensatory time from their supervisors.
In December, Employees may submit an irrevocable election of up to forty-eight (48) hours
of compensatory time to be earned in the next calendar year in taxable compensation in
that next calendar year. The cash shall be paid through payroll at the time it would have
been earned thereby ensuring payment shall be made within 2.5 months following the end
of the calendar year in which the cash payment is due. Employees are not able to modify
this proposal after the next calendar year has started. Employees are not able to adjust these
submissions during the present year.
13.3 Whenever there is more than 24 hours advanced notice, the Employer will offer
overtime to PSOs on the basis of seniority. If the overtime shift is not filled voluntarily
within 24 hours of the start of the shift, the employer may fill the shift, starting with
the lease senior employee.
13.4 Overtime refused by Employees will for record purposes under Article 13.2 be
considered as unpaid overtime worked.
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13.5 For the purpose of computing overtime compensation, overtime hours worked shall not
be pyramided, compounded or paid twice for the same hours worked.
13.6 Overtime will be calculated to the nearest fifteen (15) minutes.
13.7 Employees have the obligation to work overtime or call backs if requested by the
Employer unless unusual circumstances prevent the Employee from so working.
13.8 Employees must receive prior authorization from the employee’s immediate supervisor
before working any overtime, except in cases of emergency.
ARTICLE 14 COURT TIME
14.1 An Employee who is required to appear in Court during the Employee's scheduled off-
duty time shall receive a minimum of three (3) hours pay at one and one-half (1 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.
14.2 Employees required by the Employer to be on Standby for a court appearance during
the Employee’s scheduled off-duty time shall be paid for such standby time at the rate
of one hour's pay for each hour on standby.
14.3 An Employee who was scheduled for court during the Employee’s scheduled off-duty
time shall receive one (1) hour of pay at one and one-half (1 ½) times the employee’s
base pay rate for cancellation of a court appearance within 24 hours of the scheduled
appearance. If an Employee has been on standby for court and the appearance is
canceled, compensation shall be the greater of one (1) hour of pay at one and one-half
(1 ½) times the employee’s base pay rate or the standby pay earned.
ARTICLE 15 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.
ARTICLE 16 WORKING OUT OF CLASSIFICATION
Employees assigned by the Employer to assume the full responsibilities and authority of a higher
job classification shall receive the salary schedule of the high classification for the duration of
the assignment. Property Room or Digital Evidence is included in the current classification.
ARTICLE 17 INSURANCE
17.1 Effective January 1, 2024 the EMPLOYER will contribute the following amounts:
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2024 City Contributions:
Single - $1,225.32
Employee + Spouse - $2,014.14
Employee + Children - $1,989.38
Family - $2,043.50
17.2 Effective January 1, 2025 and 2026 the EMPLOYER will contribute based on the open
access plan, the City will increase its contribution by:
Single - 95% of the amount of the premium increase
Single + 1 - 75% of the amount of the premium increase
Single + Children - 75% of the amount of the premium increase
Family - 60% of the amount of the premium increase
17.3 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, employees hired after September 1, 2004 will receive $100.00 per month if they
opt out of the City's health insurance program.
ARTICLE 18 UNIFORMS
18.1 The Employer shall provide required uniform and equipment items to all new
Employees. In addition, the Employer will provide all outdoor clothing and equipment as
necessary for those Employees who require them. Uniform item(s), which become
damaged as a result of performing their job, shall be replaced by the Employer. This
excludes normal wear. Public Service Officers shall receive an annual uniform and
equipment allowance of One thousand Dollars ($1,000.00), on January 1st 2025 the
amount will increase to $1,050 and on January 1st, 2026 the amount will increase to
$1,100. Uniform Allowance shall be paid in cash on or about January 1st of each year and
will be paid in a separate check. If an employee leaves employment with the city prior to
the end of the calendar year, the employee will have no obligation to reimburse the city
for any portion of the payment.
18.2 An Employee under probation shall not receive a uniform allowance. 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. Upon successful completion of the probationary
period, an Employee shall receive a separate check for a prorated amount of the
uniform allowance based on the end of probation and the end of the calendar year.
Uniform allowance may be used to purchase items not expressly prohibited by the
Department. If any item needs replacement after an Employee's allowance has been
exhausted, such replacement is the responsibility of the Employee.
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ARTICLE 19 INJURY ON DUTY
19.1 Employees injured during the performance of their duties for the EMPLOYER and
thereby rendered unable to work for the EMPLOYER will be paid the difference
between the employee’s regular pay and Workers Compensation insurance payments
for a period not to exceed ninety (90) working days (720 hours) per injury, after a five
(5) working day initial waiting period per injury. The five (5) working day waiting
period shall be charged to the employee’s sick leave account less Workers
Compensation insurance payments.
ARTICLE 20 SICK LEAVE
(Does not apply to employees receiving Flex Leave)
20.1 Sick leave with pay shall be granted to all probationary and permanent full time
Employees at the rate of one (1) working day 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 one hundred twenty (120) working days, with banking after
this maximum, which bank can only be used for extended illness.
20.2 Employees who receive Worker's Compensation payments shall be allowed to use sick
leave to make up the difference between the Worker's Compensation payments and their
regular wage.
20.3 Sick leave may be granted when necessary for personal illness, legal quarantine or
because of serious illness in the employee’s family as defined in Minn. Stat § 181.9413
or death of spouse, children, grandchildren, parents, brothers, sisters, grandparents,
mother-in-law, or father-in-law of the Employee.
20.4 In order to be eligible for sick leave for pay, the Employee shall:
1) report promptly to the department head the reason for the Employee's absence.
2) keep the department head, at all times, fully informed of the Employee's condition
including permission for City Manager to make inquiries of such Employee's
physician, surgeon or other health establishment.
3) furnish upon demand to the City Manager any other information or medical
certificate that may be required.
20.5 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.
20.6 Employees will continue to accrue leave while using paid leave. Employees will
not accrue leave while on unpaid leave, leave accruals will be prorated for pay
periods where there is both paid and unpaid leave. Policy will be consistent with
applicable state and federal laws.
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ARTICLE 21 PAID TIME OFF
(Does not apply to any employee receiving Flex Leave)
21.1 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 Employer. Paid time off is
accrued on a per pay period basis and may be used subsequent to the pay period in which
it was earned.
21.2 EMPLOYEES shall earn paid time off according to the following schedule:
PTO
0 - 5 years
After 5 years
After 10 years
After 11 years
After 12 years
After 13 years
After 14 years
After 25 years
184 hours
224 hours
232 hours
240 hours
248 hours
256 hours
264 hours
304 hours
21.3 Paid Time Off may be used as earned, provided that the Employer shall in each case
determine the time when such paid time off may be taken.
21.4 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
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.
21.5 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 calendar year in taxable compensation in that next calendar
year. The cash shall be paid through payroll at the time it would have been earned
thereby ensuring payment shall be made within 2.5 months following the end of the
calendar year in which the cash payment is due.. 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. The Employee's supervisor must attest to the
existence of the problem. Employees are not able to adjust these submissions during the
present year.
21.6 No Employee shall be permitted to waive leave for the purpose of receiving double
pay.
21.7 Upon termination of employment with the City an Employee will be paid all of the
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paid time off remaining in the Employee's Paid Time Off Account and Conversion
Bank
ARTICLE 22 FLEX LEAVE
22.1 The Public Service Officer Union hereby adopts the City of Hopkins Flex Leave
Program.
22.2 Union members can continue on the existing paid time off 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 paid time off and sick leave program.
22.3 Union employees hired after July 1, 2002 shall participate in the Flex Leave
Program without option.
22.4 Employees will accrue flex leave based on the following schedule.
22.5 Employees may accrue and carry over up to two times the Employee's annual
accumulation. Employees, whose accrued flex leave exceeds this cap as of
December 31, will lose all time in excess of the cap.
22.6 In December of each year, Employees may submit an irrevocable election to
convert up to 40 hours (5 days) of flex leave each year to the City's deferred
compensation program to be earned in the next calendar year in taxable
compensation in that next calendar year. The cash shall be paid through payroll at
the time it would have been earned thereby ensuring payment shall be made
within 2.5 months following the end of the calendar year in which the cash
payment is due. After 15 years, an Employee may convert up to 80 hours (10
days). After 25 years, an Employee may convert up to 120 hours (15 days). 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. The Employee's supervisor
must attest to the existence of the problem. Employees are not able to adjust these
submissions during the present year.
22.7 Upon termination of employment with the City, an Employee will be paid all of
Flex Leave Accrual Schedule
Year Leave Year Leave Year Leave Year Leave Year Leave
Hours Hours Hours Hours Hours
1 248 6 280 11 304 16 328 21 328
2 256 7 288 12 304 17 328 22 328
3 264 8 288 13 312 18 328 23 328
4 272 9 296 14 320 19 328 24 328
5 280 10 296 15 328 20 328 25 368
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the accrued flex leave remaining in the Employee's Flex Leave Account and
Conversion Bank
22.8 No Diminution of Benefits. The Employer will not diminish or decrease benefits
available under the Flex Leave Program while this Agreement is in effect.
ARTICLE 23 HOLIDAYS
23.1 An Employee required to work a shift on New Year's Day, Martin Luther King's
Birthday, President’s Day, Easter, Memorial Day, Juneteenth, 4th of July, Labor Day,
Thanksgiving Day, Veterans 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 will be paid.
23.2 Holiday pay shall be 1/2 times the basic hourly rate, making the full compensation for a
holiday shift one and one-half (11/2) times the basic hourly pay rate. However, for
hours that are worked in excess of the employee’s regularly scheduled shift on a
holiday, employees shall be compensated at two (2) times their regular base rate of
pay. Under no circumstances shall the total compensation for work on a holiday
exceed two (2) times the basic pay rate.
ARTICLE 24 SEVERENCE PAY
(Does not apply to employees receiving Flex Leave)
24.1 Employees shall receive severance pay upon separation of employment
according to the following schedule:
a) After five (5) years of service: 1.5 days per year of service.
OR
a) After five (5) years of service: 20% of accumulated sick leave.
b) After fifteen (15) years of service: 25% of accumulated sick leave.
c) After twenty (20) years of service: 33.33% of accumulated sick leave.
24.2 The Employee may choose whichever formula provides the higher pay off.
ARTICLE 25 ADVANCE RESIGNATION NOTICE PROGRAM
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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. 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 the Employee's 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
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.
ARTICLE 26 SUBSTANCE ABUSE
The Employer and the Union agree to, jointly promote, a drug-free work environment. In an effort to
achieve this goal, the Union agrees to all non-random drug and alcohol testing of its members by a
State certified testing agency upon the request of the Employer provided such request, test and
subsequent action are within the guidelines of State law (Section 181.950) and the City policy
attached as Appendix D.
ARTICLE 27 BEREAVEMENT LEAVE
Employees are eligible for the City’s Bereavement Leave Program.
ARTICLE 28 WAIVER
27.1 Any and all prior arrangements, resolutions, practices, policies, rules and
regulations regarding terms and conditions of employment, to the extent
inconsistent with the provisions of this Agreement, are hereby superseded.
27.2 The parties mutually acknowledge that during the negotiations which resulted in this
Agreement, each had the unlimited right and opportunity to make demands and proposals
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with respect to any term or condition of employment not removed by law from bargaining.
All agreements and understandings arrived at by the parties are set forth in writing in this
Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the
right to meet and negotiate regarding any and all terms and conditions of employment
referred to or covered in this Agreement or with respect to any term or condition of
employment not specifically referred to or covered by this Agreement, even though such
terms or conditions may not have been within the knowledge or contemplation of either or
both of the parties at the time this contract was negotiated or executed.
'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 paid time off or flex leave to extend their termination date, which is defined as the last day the Employee is on the
payroll.
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ARTICLE 29 DURATION
This Agreement, between the Hopkins Police Public Service Officer and the City of Hopkins, shall
be effective as of January 1, 2024, through December 31, 2026, and continue thereafter until
amended or modified by mutual agreement by the parties. Notice shall be given at least sixty (60)
days prior to the expiration of the Contract of the intent to amend or modify.
IN WITNESS WHEREOF, the parties have executed this Agreement on the 17th day of
October 2023.
FOR THE CITY OF HOPKINS FOR LELS, LOCAL #143
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APPENDIX A: PUBLIC SERVICE
OFFICERS
Step increases take place annually on employee’s anniversary date. In 2024,
step increases will take place on January 1st to account for implementing the
market study.
2024 2025 2026
1 $ 27.14 $ 27.95 $ 28.79
2 $ 28.33 $ 29.18 $ 30.06
3 $ 29.52 $ 30.41 $ 31.32
4 $ 30.70 $ 31.62 $ 32.57
5 $ 31.89 $ 32.85 $ 33.84
6 $ 33.07 $ 34.06 $ 35.08
7 $ 34.26 $ 35.29 $ 36.35
8 $ 35.45 $ 36.51 $ 37.61
9 $ 36.64 $ 37.74 $ 38.87
Any PSO assigned to train a paid employee of the department shall receive an
additional $2.39 per hour for each hour that they are actually training.
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APPENDIX B: DRUG AND ALCOHOL TESTING
POLICY AND PROCEDURES
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. 181.953, 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.
Temporary or seasonal employees who do not operate any City vehicles or
motorized equipment are not subject to this policy. Anyone who works for the
Police Department is subject to this policy.
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
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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.
l. "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 confirmatory
test by a certified laboratory.
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:
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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.
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 11.
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
6.01 Applicants. If a job applicant for an affected position tests positive on a confirmatory test
for drugs, any offer 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 shall only apply to employees who enter such a
program as a result of a positive drug or alcohol test.
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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 offer.
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.
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.
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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
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 determine the date a suspended employee
may return to work.
9.05 The City Manager shall be responsible for implementing this policy.
Revised: January 2002 June 2006
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MEMORANDUM OF UNDERSTANDING
Between
CITY OF HOPKINS
And
LELS #143
The purpose of this Memorandum of Understanding is to establish the POST EMPLOYMENT
HEALTH CARE SAVINGS PROGRAM.
All members of Union 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.
Each member of the union shall contribute the following amounts to the Plan:
• Two percent (2%) of gross salary
The plan will be also be funded by 100% of severance pay and/or accumulated flex leave due to
the employee upon separation from employment with the City.
For the City of Hopkins
________________________________________
Mike Mornson, City Manager
For LELS #243
________________________________________
Brian Bakeberg