RES 2005-80 - 00013606RESOLUTION NO. 2005 - 80
RESOLUTION APPROVING AND AUTHORIZING SIGNING AN AGREEMENT WITH
POLICE OFFICERS OF THE CITY OF FRIDLEY POLICE DEPARTMENT FOR THE
YEARS 2006 AND 2007
WHEREAS, the Law Enforcement Labor Services, Inc. as bargaining representative of the Police
Officers of the City of Fridley, has presented to the City of Fridley various requests relating to the
wages and working conditions of Police Officers of the Police Department of the City of Fridley; and
WHEREAS, the City of Fridley has presented various requests to the Union and to the Employees
relating to wages and working conditions of Police Officers of the Police Department of the City of
Fridley; and
WHEREAS, representatives of the Union and the City have met and negotiated regarding the requests
of the Union and the City; and
WHEREAS, representatives of the Union and the City have reached an agreement (Exhibit "A "); and
WHEREAS, Union members voted in favor of adopting the agreement,
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves said Agreement and
that the Mayor and the City Manager are hereby authorized to execute the attached Agreement
(Exhibit "A ") relating to wages and working conditions of Police Officers of the City of Fridley.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 12TH
DAY OF DECEMBER 2005.
SCOTT J. UT111) - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
Resolution No. 2005 -80
LABOR AGREEMENT
BETWEEN
THE CITY OF FRIDLEY
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
LOCAL NO. 119
2006 & 2007
Page 2
EXHIBIT "A'
Resolution No. 2005 -80
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LABOR AGREEMENT
BETWEEN
THE CITY OF FRIDLEY
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
LOCAL NO. 119
2006 & 2007
TABLE OF CONTENTS
LE
Purpose of Agreement
Recognition
Definitions
Employer Security
Employer Authority
Union Security
Employee Rights - Grievance Procedure
Savings Clause
Seniority
Discipline
Constitutional Protection
Work Schedules
Overtime
Court Time
Call Back Time
Working Out of Classification
Insurance
Standby Pay
Uniforms
P.O.S.T. Training
Longevity and Educational Incentive
Wage Rates
Legal Defense
Probationary Periods
Annual Leave
Holidays
Short -term Disability
Bereavement Leave Pay
Jury Pay
Compensatory Time
Employee Education Program
Pay for Investigators or School Resource Officer
BMC Case No. 85 -PN- 486 -A. Issue 8
Waiver
Duration
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Resolution No. 2005 -80
LABOR AGREEMENT
BETWEEN
THE CITY OF FRIDLEY
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
LOCAL NO. 119
Page 4
Article 1. Purpose of Agreement
This Agreement is entered into between the City of Fridley, hereinafter called the Employer, and Law
Enforcement Labor Services, Inc., 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 the Union as the exclusive representative, under Minnesota Statutes,
Section 179A.03' subdivision 8, for all police personnel in the following job classifications:
1. Police Officer
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
Law Enforcement Labor Services, Inc.
3.2 Union Member
A member of the Law Enforcement Labor Services, Inc.
3.3 Employee
A member of the exclusively recognized bargaining unit.
3.4 Department
The Fridley Police Department.
3.5 Employer
The City of Fridley.
3.6 Chief
The Public Safety Director of the Fridley Police Department.
3.7 Union Officer
Officer elected or appointed by the Law Enforcement Labor Services, Inc.
3.8 Investigator/Detective
An Employee specifically assigned or classified by the Employer to the job classification and/or job
position of Investigator/Detective.
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.
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Page 5
3.12 Lunch Break
A period during the scheduled shift during which the Employee remains on continual duty and is
responsible for assigned duties.
3.13 Strike
Concerted action in failing to report for duty, the willful absence from one's position, the stoppage
of work, slow -down, or abstinence in whole or in part from the full, faithful; and proper
performance of the duties of employment for the purposes of inducing, influencing or coercing a
change in the conditions or compensation or the rights, privileges or obligations of employment.
Article 4. Employer Security
The Union agrees that during the life of this Agreement the Union will not cause, encourage, participate
in or support any strike, slow -down or other interruption of or interference with the normal functions 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 function 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 a steward and an
alternate and shall inform the Employer in writing of such choice and changes 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).
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 a Grievance
A grievance is defined as a dispute or disagreement as to the interpretation or application of the
specific terms and conditions of this Agreement.
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 writing of the names of such Union
Representatives and of their successors when so designated as provided by Section 6.2 of this
Agreement.
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7.3 Processing of Grievance
Resolution No. 2005 -80
Page 6
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 a Union Representative shall
be allowed a reasonable amount of time without loss in pay when a grievance is investigated and
presented to the Employer during normal working hours provided that the Employee and the
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
procedure:
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 violation has occurred, present
such grievance to the Employee's supervisor as designated by the Employer. The Employer -
designated representative will discuss and give an answer to such Step 1 grievance within ten
(10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2, shall
be placed in writing setting forth the nature of the grievance, the facts on which it is based; the
provision or provisions of the Agreement allegedly violated; the remedy requested; and shall be,
appealed to Step 2 within ten (10) calendar days after the Employer- designated representative's
final answer to 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 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 answer in Step 2. Any
grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be
considered waived.
Step 2a
If the grievance is not resolved at Step 2 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 timeliness for Step 3 of the grievance procedure.
Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days of
mediation shall be considered waived.
Step 3
A grievance unresolved in Step 2 or Step 2a and appealed to Step 3 by the Union shall be
submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act
of 1971, as amended. The selection of an arbitrator shall be made in accordance with the "Rules
Governing the Arbitration of Grievances" as established by the Bureau of Mediation Services.
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 to application of laws, rules, or regulations having
the force and effect of law. The arbitrator's decision shall be submitted in
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Resolution No. 2005 -80
Page 7
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
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.
7.7 Choice of Remedy
If, as a result of the written Employer response in Step 2 or 2a, the grievance remains
unresolved, and if the grievance involves the discipline of an Employee who has completed the
required probationary period, the grievance may be appealed either to Step 3 of Article 7 or to the
Civil Service Commission. If appealed to the Civil Service Commission the grievance is not
subject to the arbitration procedure as provided in Step 3 of Article 7. The aggrieved Employee
shall indicate in writing which procedure is to be utilized - Step 3 of Article 7 or the appeal
procedure in the Fridley Police Department Civil Service Rules and Regulations - and shall sign
a statement to the effect that the choice precludes the aggrieved Employee from making a
subsequent appeal through Step 3 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
Fridley. 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
Police Department 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.
9.2 During the probationary period, a newly hired or rehired Employee may be discharged at the
sole direction of the Employer. During the probationary period a promoted or reassigned
Employee may be replaced in his/her previous position at the sole discretion of the Employer.
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 (2) of the time of his/her layoff before any new Employee is
hired.
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Resolution No. 2005 -80 Page 8
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 Senior qualified Employees shall be given shift assignments preference after eighteen (18)
months of continuous full-time employment.
9.6 One continuous scheduled annual leave period shall be selected on the basis of seniority until
March Pt of each calendar year. After March 1st, scheduled annual leave shall be on a first -come,
first - served basis.
9.7 Employees shall lose their seniority for the following reasons:
a. Discharge, if not reversed;
b. Resignation;
C. Unexcused failure to return to work after expiration of a vacation or formal leave of
absence. Events beyond the control of the Employee, which prevent the Employee from
returning to work will not cause loss of seniority;
d. Retirement.
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 Suspensions, demotions and discharges will be in written form.
10.3 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.
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 suspension without pay for forty (40) regularly scheduled working
hours unless otherwise required by law.
10.6 Employees will not be questioned concerning an investigation of disciplinary action unless the
Employee has been given an opportunity to have a Union representative present at such
questioning.
10.7 Grievances relating to this Article shall be initiated by the Union in Step 2 of the grievance
procedure under Article 7.
Article 11. Constitutional Protection
Employees shall have the rights granted to all citizens by the United States and Minnesota State
Constitutions.
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Resolution No. 2005 -80
Page 9
Article 12. Work Schedules
12.1 The normal work year is an average forty (40) hour work week for full-time Employees to be
accounted for by each Employee through:
a. hours worked on assigned shifts;
b. holidays;
C. assigned training;
e. authorized leave time.
12.2 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.
Article 13. Overtime
13.1 Employees will be compensated at one and one -half (1 -1/2) times the Employee's regular base pay
rate for hours worked in excess of the Employee's regularly scheduled shift. Changes of shifts do
not qualify an Employee for overtime under this Article.
13.2 Overtime will be distributed as equally as practicable.
13.3 Overtime refused by Employees will for record purposes under Article 13.2 be considered as
unpaid overtime worked.
13.4 For the purpose of computing overtime compensation, overtime hours worked shall not be
pyramided, compounded or paid twice for the same hours worked.
13.5 Overtime will be calculated to the nearest fifteen (15) minutes.
13.6 Employees have the obligation to work overtime or call backs if requested by the Employer
unless unusual circumstances prevent the Employee from so working.
Article 14. Court Time
14.1 An Employee who is required to appear in court during his/her scheduled off -duty time shall
receive a minimum of three (3) hours pay at one and one -half (1.5) times the Employee's base pay
rate. The City may assign the Employee to stand by pending the notification of their appearance
being required. Unless otherwise specified by the City or the prosecutor, this period of standby
shall commence two (2) hours prior to the time scheduled for the Employee's appearance in court.
The Employee will be compensated for two (2) hours at their base rate as provided in Article 18
for each day on standby.
14.2 If the court appearance is scheduled during the Employee's off time, and if the court appearance
is cancelled, the Employee will be notified by the end of the business day (5:00 p.m.) preceding
the court appearance. If notification of cancellation is not made by the end of the business day
(5:00 p.m.) preceding the court appearance, the Employee will receive standby pay for two (2)
hours at their base rate of pay.
14.3 The business day notice applies to all court cases for which the Employee receives notice
resulting from their employment with the City.
14.4 Employees who are assigned to standby for a court appearance during their off -duty time, and
who are then notified by the prosecuting attorney that they need to appear and who do appear in
court shall receive a minimum of three (3) hours pay at one and one -half (1.5) times the
Employee base rate of pay. Employees will not be paid both standby pay and for three (3) hours
at one and one -half their base rate of pay.
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14.5 Employees will be required to appear for the Court Trials/Traffic Court, for Contested Omnibus
Hearings, for Implied Consent Hearings, and for any other court appearance where the City or
the prosecuting attorney directs that Standby is not feasible.
Article 15. Call Back Time
15.1 An Employee who is called to duty 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 duty does not qualify the Employee
for the three (3) hour minimum.
15.2 An Employee who works extra -duty work (outside employment) during the Employee's scheduled
off -duty time shall receive a minimum of two (2) hours pay at one and one -half (1 %Z) times the
Employee's base pay rate.
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 higher classification for the duration of the
assignment.
Article 17. Insurance
17.1 For the calendar year 2006, for Employees who choose single coverage, the Employer will
contribute up to $416.45 per month per employee toward health or an amount equal to that
provided to non -union employees, whichever is greater, in accordance with the Employer's
Flexible Benefit Plan.
17.2 For the calendar year 2006, for Employees who choose dependent coverage, the Employer will
contribute up to $932.82 per month per employee toward health, or an amount equal to that
provided to non -union employees, whichever is greater, in accordance with the Employer's
Flexible Benefit Plan.
17.3 For the calendar year 2006, for Employees who choose dental coverage, the Employer will
contribute up to $20 per month toward dental, or an amount equal to that provided to non -union
employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan.
17.4 The Employer will provide group term life insurance with a maximum of $25,000 per Employee
and additional accidental death and disability insurance with a maximum of $25,000 per
Employee (current cost is $4.75 per month), or an amount equal to that provided to non -union
employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan.
17.4 In accordance with the Employer's Flexible Benefit Plan, Employees have the option during an
open enrollment period or during approved qualified events to decline health or dental insurance
coverage, provided they provide proof of coverage elsewhere. In lieu of electing health and dental
benefits, Employees may elect the option of having ten (10) additional Benefit Leave Days or a
monthly cash benefit of 333. 16, or the amount equal to or greater than the amount provided to
non -union employees. Benefit Leave days are required to be used within in the calendar year
and may not be carried into the following year.
17.5 If there are substantial changes to the health insurance contributions in 2007, the City and
Union agree to reopen negotiations on this article.
17.6 The City and Union agree to continue discussions on healthcare saving accounts related to post -
employment or retirement.
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Article 18. Standby Pay
Resolution No. 2005 -80 Page 11
Employees required by the Employer to standby shall be paid for such standby time at the rate of one
hour's pay for each hour on standby. Employees placed on standby shall remain able to respond within a
reasonable time. Such reasonable time, if not otherwise specified at the time of assignment to standby,
shall be one (1) hour to the police department, assigned court location, or other location designated by the
City. Employees placed on standby shall remain available to be contacted by the Employer by normal
means to include phone or wireless communication devices. Employees assigned to standby for court
appearances shall be compensated for two hours' pay for each day or portion of a day on standby.
Article 19. Uniforms
The Employer shall provide required uniform and equipment items.
Article 20. P.O.S.T. Training
20.1 Employer shall assign training at Employer's expense for Police Officers to complete 48 hours of
P.O.S.T. Board approved education during each three -year licensing period.
20.2 Employer shall pay the cost of maintaining P.O.S.T. licensure for all Employees required to
maintain the license.
Article 21. Longevity and Educational Incentive
Effective July 1, 1978, the following terms and conditions are effective, except that Employees hired after
January 1, 1987, shall not be eligible for educational incentive.
21.1 After four (4) years of continuous employment each Employee shall choose to be paid three
percent (3 %) of the Employee's base rate or supplementary pay, based on educational credits as
outlined in 2 1. 6 of this Article.
21.2 After eight (8) years of continuous employment, each Employee shall choose to be paid
supplementary pay of five percent (5 %) of the Employee's base rate, or supplementary pay based
on educational credits, as outlined 2 1. 6 of this Article.
21.3 After twelve (12) years of continuous employment, each Employee shall choose to be paid
supplementary pay of seven percent (7 %) of the Employee's base rate, or supplementary pay
based on educational credits, as outlined in 2 1. 6 of this Article.
21.4 After sixteen (16) years of continuous employment, each Employee shall choose to be paid
supplementary pay of nine percent (9 %) of the Employee's base rate, or supplementary pay based
on educational credits, as outlined in 2 1. 6 of this Article.
21.5 Employees may choose supplementary pay either for length of service or for educational credits
no more often than once every twelve (12) months.
21.6 Supplementary pay based on educational credits will be paid to Employees after twelve (12)
months of continuous employment at the rate of:
Educational credits stated in Percentage Pay
terms of college quarter credits increment
45-89 3%
90- 134 5%
135- 179 7%
180 or more 9%
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Not all courses are to be eligible for credit. Courses receiving qualifying credits must be job -
related. (Thus, a four -year degree is not automatically 180 credits - or two year certificate is not
automatically 90 credits.) Job - related courses plus those formally required to enter such courses
Resolution No. 2005 -80
Page 12
shall be counted. For example: If Principles of Psychology (8 credits) is required before taking
Psychology of Police Work (3 credits), completion of those courses would yield a total of eleven
qualifying credits. C.E.U.'s (Continuing Education Units) in job- related seminars, short courses,
institutes, etc. shall also be counted.
The Employer shall determine which courses are job- related. Disputes are grievable based on
the criteria outlined in the award of Minnesota Bureau of Mediation Services Case No. 78 -PN-
370-A.
Article 22. Wage Rates
22.1 The following hourly wage rates will apply for 2004 & 2005 (amounts may be rounded to two
decimal points):
2006
2007
Start
18.49
19.04
After six months
19.91
20.51
After one year
22.73
23.41
After two years
25.55
26.32
After three years
28.41
29.26
22.2 Employees classified or assigned by the Employer to the following job classifications or positions
will receive five percent (5 %) in addition to their regular wage rate:
Investigative (detective); School Resource Officer; Rental Housing Officer and Drug Task Force
Investigator
22.3 An Employee certified for and assigned to Field Training Officer (FTO) duties shall receive a
minimum of two (2) hours of overtime or compensatory time, in addition to any other overtime
worked for each twelve (12) hour shift worked as Field Training Officer or one (1) hour of
overtime or compensatory time in addition to any other overtime worked for each eight (8) hour
shift. The rate of pay will be equal to the overtime rate or compensatory time at time and one -
half up to the limit in Article 30.
Article 23. Legal Defense
23.1 Employees involved in litigation because of proven negligence, or non - observance of laws, or of a
personal nature, may not receive legal defense by the municipality.
23.2 Any Employee who is charged with a traffic violation, ordinance violation or criminal offense
arising from acts performed within the scope of his/her employment, when such act is performed
in good faith and under the direct order of his/her supervisor, shall be reimbursed for attorney's
fees and court costs actually incurred by such Employee in defending against such charge.
23.3 Employer will provide protection for all Employees against false arrest charges.
Article 24. Probationary Periods
All newly hired or rehired Employees will serve a twelve (12) month probationary period.
Article 25. Annual Leave
25.1 Each Employee shall be entitled to annual leave away from employment with pay. Employees
shall accrue annual leave based on an average eight (8) hour work day. Annual leave may be
used for scheduled or emergency absences from employment. Annual leave pay shall be
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computed at the regular rate of pay to which such an Employee is entitled; provided, however,
that the amount of any compensation shall be reduced by the payment received by the Employee
from workers' compensation insurance, Public Employees Retirement Association disability
insurance, or Social Security disability insurance. An Employee's accumulation of annual leave
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will be reduced only by the amount of annual leave for which the Employee received
compensation.
25.2 Seniority shall apply on scheduled annual leave up to March 1St of each year. After March 1St,
scheduled annual leave shall be on a first -come, first- served basis.
c.. ❑. ❑. ❑. ❑. ❑. ❑. ❑ f❑ A beginning Employee shall accrue annual leave at the rate of eighteen (18) days
(144 hours) per year for the first seven (7) years (84 successive months).
An Employee who has worked seven (7) years (84 consecutive months) shall accrue annual leave
at the rate of twenty -four (24) days (192 hours) per year, beginning with the eighty -fifth (85th)
month of successive employment.
An Employee who has worked fifteen (15) years (180 successive months) shall accrue annual
leave at the rate of twenty -six (26) days (208 hours) per year, beginning with the one hundred
eighty -first (181St) month of successive employment.
These rates are based on a forty -hour (40) regular workweek. The actual amount credited to an
Employee in any given pay period shall be prorated according to the actual number of regular
hours worked during that pay period. Hours worked on overtime, callback, or standby shall not
enter into the calculation of the accrual of annual leave.
c.. ❑ . ❑ . ❑ . ❑ . ❑ . ❑ . ❑ ' ❑ For an Employee hired on or after January 1, 1984:
The maximum total accumulation of annual leave at the end of any given year shall be thirty (30)
days (240 hours).
Once a year, at a time designated by the City, an Employee who has completed five (5) years of
service with the City will have the opportunity to exchange up to five days (40 hours) of
accumulated annual leave for cash.
25.5 For an Employee hired before January 1, 1984:
Vacation accrued but unused as of December 31, 1983, shall be converted by annual leave at the
rate of one (1) day of annual leave for one (1) day of vacation. Accrued but unused sick leave as of
December 31, 1983, shall be converted to annual leave according to the following schedule:
a. Pt 45 days 1 day of annual leave for 1 day of sick leave
b. 2nd 45 days 1 day of annual leave for 2 days of sick leave
C. Remainder 1 day of annual leave for 3 days of sick leave
In lieu of severance pay, one hour of annual leave shall be credited for each full month of
employment up to a maximum of two hundred forty (240) hours.
The total amount of annual leave credited to the Employee's balance as of January 1, 1984, shall
be equal to accrued but unused vacation plus accrued but unused sick leave converted according
to the formula above plus the amount in lieu of severance pay. If upon conversion to the annual
leave plan an Employee's accumulation of annual leave exceeds thirty (30) days (240 hours), that
amount shall be the maximum total accumulation (cap) for that Employee at the end of any
subsequent year.
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Once a year, at a time designated by the City, an Employee will have the opportunity to
exchange up to five (5) days (40 hours) of accumulated annual leave for cash.
In addition, once a year at a time designated by the City, an Employee with an accumulation of
annual leave in excess of thirty (30) days (240 hours) will have the opportunity to exchange up to
Resolution No. 2005 -80
Page 14
five (5) days (40 hours) of annual leave for cash. Such an exchange shall reduce the maximum
total accumulation (cap) of an Employee by an equal amount.
25.6 An Employee who wishes to take advantage of the catch -up provision of the I.C.M.A. Retirement
Corporation may exchange as many days as desired for cash under the following conditions:
a. The Employee's cap is reduced by the number of days exchanged.
b. In no case may the cap be reduced below thirty (30) days (240 hours).
C. An Employee taking advantage of this provision must file the appropriate forms with the
payroll division of the Employer.
25.7 Upon separation from employment with the City, an Employee will be paid one (1) day's salary
for each day of accrued annual leave remaining in the Employee's balance.
Article 26. Holidays
26.1 Employees will accrue eight (8) hours of holiday leave for each of eleven (11) holidays in a
calendar year. If the City granted a 12th holiday to non -union employees, it would apply to the
patrol union as well.
26.2 In addition to the eleven holidays, Employees assigned to the Patrol Division shall be paid at one
and one -half (1- /z) times their base rate of pay for all hours worked on the actual holiday
between the hours of midnight and midnight. For any overtime hours worked on a holiday,
Employees will be paid two (2) times their base rate of pay.
26.3 Employees, with approval, may use accumulated holiday leave time in any hourly increment the
Employee chooses.
Article 27. Short Term Disability
27.1 Calculation of the short -term disability benefit shall be based on an average eight (8) hour
workday. Each Employee who has successfully completed the Employee's probationary period
shall be eligible for the short -term disability benefit. Such an Employee shall be entitled to full
pay commencing on the twenty -first (21St) consecutive working day on which the Employee is
absent (after absence for 160 consecutive regularly scheduled working hours) due to a physician -
certified illness or injury off the job, and continuing until the Employee returns to work able to
carry out the full duties and responsibilities of the Employee's position or through the one
hundred tenth (110th) working day (880th regularly scheduled working hour) of absence,
whichever occurs first. Such an Employee shall also be entitled to full pay commencing on the
eleventh (11th) consecutive working day on which the Employee is absent (after absence for
eighty consecutive regularly scheduled working hours) due to a physician - certified illness or
injury on the job and continuing until the Employee returns to work able to carry out the duties
and responsibilities of the Employee's position or through the one hundredth (100th) working day
(800th regularly scheduled working hour) of absence, whichever occurs first. The amount of any
compensation for the short -term disability benefit shall be reduced by any payment received by
the disabled Employee from workers' compensation insurance, Public Employees Retirement
Association disability insurance, or Social Security disability insurance. Payment of short -term
disability benefit by the City to an Employee shall not exceed ninety (90) working days (720
working hours) for any single illness or injury, regardless of the number and spacing
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of episodes. The annual leave balance of an Employee receiving short -term disability benefit
shall not be reduced, nor shall such Employee accrue annual leave during that period.
27.2 Before any short -term disability payments are made by the Employer to an Employee, the
Employer may request and is entitled to receive a certificate signed by a competent physician or
other medical attendant certifying to the fact that the entire absence was, in fact, due to the
Resolution No. 2005 -80
Page 15
illness or injury and not otherwise. The Employer also reserves the right to have an examination
made at any time of any Employee claiming payment under the short -term disability benefit.
Such examination may be made on behalf of the Employer by any competent person designated
by the Employer when the Employer deems the same to be reasonably necessary to verify the
illness or injury claimed.
27.3 If an Employee hired before January 1, 1984, has received payments under the injury -on -duty
provisions of previous contracts, the number of days for which payment was received will be
deducted from the number of days of eligibility for coverage under short -term disability for that
same injury.
Article 28. Bereavement Leave
28.1 Bereavement leave will be granted to full-time Employees up to a maximum of twenty -four (24)
scheduled hours. Bereavement Leave is granted in case of deaths occurring in the immediate
family. For this purpose, immediate family is considered to include: spouse, children, parents,
brothers, sisters, grandparents, grandchildren, parents in -laws, brothers in -law, and sisters in-
law.
28.2 The City will allow union employees to follow current practices for non -union employees, which
gives Employees an option to appeal directly to the City Manager for additional time off if
extenuating circumstances prevail.
Article 29. Jury Pay
It shall be understood and agreed that the Employer shall pay all regular full-time Employees serving on
any jury the difference in salary between jury pay and the Employee's regular salary or pay while in
such service.
Article 30. Compensatory Time
Management reserves the right to approve compensatory time in lieu of overtime pay. Compensatory
time shall not be accumulated in excess of thirty six (36) hours, and must be used within the calendar
year in which it was accumulated as determined by the Employer.
Article 31. Employee Education Program
31.1 The Employer will pay certain expenses for certain education courses based on the following
criteria:
a. The training course must have relevance to the Employee's present or anticipated career
responsibilities;
b. Attendance shall be at an institution approved by the Employer. The course must be
approved by the Chief.
c. Financial assistance will be extended only to courses offered by an accredited institution.
This includes vocational schools, Minnesota School of Business, etc.
31.2 Programs Financial Policy
Financial assistance not to exceed the amount of two thousand, nine hundred, twenty -five dollars
($2,925.00) per Employee per year will be extended to cover the cost of tuition, required books or
educational materials, and required fees related to the course. Charges for student
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union membership, student health coverage and other charges for which the student receives
some item or services other than actual instruction will not be paid. The Employer will pay fifty
percent (50 %) of the cost of tuition in advance of the Employee's actual participation in the course
and the Employee shall pay fifty percent (50 %) of the cost. Upon successful completion of the
course, an Employee will be required to present to the Chief a certification of satisfactory work.
Satisfactory work is defined as follows:
Resolution No. 2005 -80 Page 16
a. In courses issuing a letter grade, a C or above is required.
b. In courses issuing a numerical grade, seventy percent (70 %) or above is required.
C. In courses not issuing a grade, a certification from the instructor that the student
satisfactorily participated in the activities of the course is required.
31.3 If the Employee satisfactorily completes the course, the Employee will be reimbursed for the
additional fifty percent (50 %) of the tuition cost for which the Employee obligated himself or
herself in the approved application as well as for the cost of any course required books,
educational materials or fees. If the Employee fails to satisfactorily complete the course, the
Employee will not be reimbursed for these costs.
31.4 The program will not reimburse the Employee for the hours the Employee spends in class, only
for the tuition.
31.5 Expenses for which the Employee is compensated under some other educational or assistance
program, such as the GI bill, will not be covered.
31.6 The City will not pay tuition or other costs for those courses, which are used to make the
Employee eligible for additional salary.
Article 32. Pay for Investigators, School Resource, Rental Housing Officers, and Drug Task
Force Investigators
In addition to receiving the five (5 %) percent per month differential pay, Employees assigned as
Investigators, School Resource, Rental Housing Officers, and Drug Task Force Investigators shall be
eligible for the overtime provisions of the contract applicable to Police Officers.
Article 33. BMC Case No. 85 -PN- 486 -A, Issue 8
The Employer shall establish a minimum of two (2) months between each shift change in the rotation.
Article 34. Waiver
34.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding
terms and conditions of employment, to the extent inconsistent with the provisions of this
Agreement, are hereby superseded.
34.2 The parties mutually acknowledge that during the negotiations, which resulted in this
Agreement, each had the unlimited right and opportunity to make demands and proposals with
respect to any term or condition of employment not removed by law from bargaining. All
agreements and understandings arrived at by the parties are set forth in writing in this
Agreement for the stipulated duration of this Agreement. The Employee 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 the 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.
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Article 35. Duration
This Agreement shall be effective as of the first day of Jan. 1, 2006, and shall remain in full force and
effect through the thirty -first day of December, 2007. In witness whereof, the parties hereto have
executed this Agreement on this day of 12005.
I hereby recommend approval of this agreement.
Resolution No. 2005 -80
FOR CITY OF FRIDLEY
Page 17
Scott J. Lund, Mayor
(Date)
William W. Burns, City Manager
(Date)
Deborah K. Dahl, Human Resources Director
(Date)
Donovan W. Abbott, Public Safety Director (Date)
FOR LAW ENFORCEMENT LABOR SERVICES, INC.
Chuck Bengston, LELS Business Agent
(Date)
Kurt Morse, Steward
(Date)
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