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HomeMy Public PortalAbout2021-65 Resolution Approving The Agreement Between The City Of Medina And Law Enforcement Labor Services, INC. Representing The Local #36 Bargaining Unit For the Calendar Years 2022-2023Member Cavanaugh introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2021-65 RESOLUTION APPROVING THE AGREEMENT BETWEEN THE CITY OF MEDINA AND LAW ENFORCEMENT LABOR SERVICES, INC. REPRESENTING THE LOCAL #36 BARGAINING UNIT FOR THE CALENDAR YEARS 2022-2023 WHEREAS, representatives of Law Enforcement Labor Services, Inc. representing the Local #36 bargaining unit of the City of Medina have negotiated a two-year labor agreement, hereinafter called the Agreement, for the term January 1, 2022 through December 31, 2023; and WHEREAS, the Agreement is attached as Exhibit A to this resolution; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina, Minnesota that the City Council approves and ratifies the Agreement and that the Mayor and the City Administrator are authorized and directed to execute the original contracts. Dated: October 5, 2021. Kathleen Martin, Mayor ATTEST: The motion for the adoption of the foregoing resolution was duly seconded by member Reid upon vote being taken thereon, the following voted in favor thereof: Albers, Cavanaugh, DesLauriers, Martin, Reid And the following voted against same: None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2021-65 October 5, 2021 Exhibit A Resolution No. 2021-65 October 5, 2021 LABOR AGREEMENT BETWEEN LAW ENFORCEMENT LABOR SERVICES, INC. (LOCAL #36) AND THE CITY OF MEDINA MEDINA JANUARY 1, 2022 THROUGH DECEMBER 31, 2023 Resolution No. 2021-65 October 5, 2021 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. GRIEVANCE PROCEDURE 5 ARTICLE 8. SAVINGS CLAUSE 7 ARTICLE 9. SENIORITY 7 ARTICLE 10. DISCIPLINE 8 ARTICLE 11. WORK SCHEDULE 8 ARTICLE 12. HOLIDAY LEAVE 9 ARTICLE 13. VACATION 10 ARTICLE 14. SICK LEAVE 11 ARTICLE 15. INJURY -ON -DUTY LEAVE 13 ARTICLE 16. DISABILITY LEAVE 14 ARTICLE 17. FUNERAL LEAVE 14 ARTICLE 18. INSURANCE 15 ARTICLE 19. HEALTH CLUB MEMBERSHIP 15 ARTICLE 20. UNIFORMS 16 ARTICLE 21. WAGES 16 ARTICLE 22. OVERTIME 16 ARTICLE 23. COURT TIME 17 ARTICLE 24. STANDBY 17 ARTICLE 25. CALL BACK TIME 17 ARTICLE 26. COMPENSATORY TIME 17 ARTICLE 27. P.O.S.T. LICENSE FEE AND TRAINING 18 ARTICLE 28. EDUCATION REIMBURSEMENT 18 ARTICLE 29. RESIGNATION 18 ARTICLE 30. PART-TIME EMPLOYEES 18 ARTICLE 31. WAIVER 18 ARTICLE 32. DURATION 19 APPENDIX A - WAGES 20 Resolution No. 2021-65 2 October 5, 2021 ARTICLE 1. PURPOSE OF AGREEMENT 1.1 This AGREEMENT is entered into between the CITY OF MEDINA, hereinafter called the EMPLOYER, and LAW ENFORCEMENT LABOR SERVICES, INC. (Local #36), hereinafter called LELS. It is the intent and purpose of this AGREEMENT to: 1.1.1. Establish procedures for the resolution of disputes concerning this AGREEMENT's interpretation and/or application; and 1.1.2. 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 LELS as the exclusive representative for the following appropriate unit: All sworn law enforcement officers of the City of Medina Police Department whose employment service qualifies them as "public employees" under Minn. Statute. § 179A.03, subd. 14, excluding confidential, supervisory, and all other employees, but excluding any sworn law enforcement officers who are not members of LELS. 2.2 In the event the EMPLOYER and LELS are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue will be submitted to the Bureau of Mediation Services for determination. ARTICLE 3. DEFINITIONS 3.1 LELS: Law Enforcement Labor Services, Inc. (Local #36). 3.2 LELS MEMBER: A member of Law Enforcement Labor Services, Inc. (Local #36). 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.4 DEPARTMENT: The CITY OF MEDINA POLICE DEPARTMENT. 3.5 EMPLOYER: The CITY OF MEDINA. 3.6 CHIEF: The CHIEF OF POLICE of the MEDINA POLICE DEPARTMENT. 3.7 LELS OFFICER: Officer elected or appointed by Law Enforcement Labor Services, Inc., (Local #36). 3.8 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of the EMPLOYEE's scheduled shift. Resolution No. 2021-65 3 October 5, 2021 3.9 REST BREAKS: Periods during the scheduled shift during which the EMPLOYEE remains on continual duty and is responsible for assigned duties. 3.10 LUNCH BREAK: A period during the SCHEDULED SHIFT during which the EMPLOYEE remains on continual duty and is responsible for assigned duties. 3.11 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break. 3.12 PROBATIONARY PERIOD: A period of one (1) year from the date of employment or promotion. 3.13 "WILL": The use of the word "will" in this agreement has the same meaning and legal interpretation as the word "shall". ARTICLE 4. EMPLOYER SECURITY 4.1 LELS agrees that during the life of this AGREEMENT, LELS will not cause, encourage, participate in or support any strike, slow -down, or other interruption of or 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, equipment and uniforms; 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 will remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate. ARTICLE 6. UNION SECURITY 6.1 The EMPLOYER will deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly LELS dues. Such monies will be remitted as directed by LELS. 6.2 LELS 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 6.1. 6.3 LELS may designate EMPLOYEES from the bargaining unit to act as a Steward and an alternate and will inform the EMPLOYER in writing of such choice and changes in the Resolution No. 2021-65 4 October 5, 2021 position of Steward and/or alternate. 6.4 The EMPLOYER will make space available on the EMPLOYER bulletin board for posting LELS notice(s) and announcements. ARTICLE 7. 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 REPRESENTATIVE. The EMPLOYER will recognize representatives designated by LELS as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. LELS will notify the EMPLOYER in writing of the names of such UNION representatives and of their successors when so designated as provided by 6.3 of this AGREEMENT. 7.3 PROCESSING OF A GRIEVANCE. The processing of grievances is limited by the job duties and responsibilities of the EMPLOYEES and will therefore be accomplished during normal working hours only when consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and LELS representative will 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 LELS 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 Article 7.1, will be resolved in conformance with the following procedure: Step 1. An EMPLOYEE claiming a violation concerning the interpretation or application of this AGREEMENT will, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the Chief. The Chief will discuss and give an answer to such Step 1 grievance in writing within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 will be placed in writing by the EMPLOYEE or LELS 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 will be appealed to Step 2 within ten (10) calendar days after the Chiefs final answer in Step 1. Any grievance not appealed in writing to Step 2 by LELS within ten (10) calendar days will be considered waived. Step 2. If appealed, the written grievance will be presented to and discussed with Resolution No. 2021-65 5 October 5, 2021 the Chief by LELS. A copy of the written grievance will also be mailed by LELS to the Employer's City Administrator. The Chief will give LELS the EMPLOYER's Step 2 answer in writing within ten (10) calendar days after receipt of such step 2 grievance, and will be appealed to Step 3 within ten (10) calendar days after receipt of the Chief's final answer in Step 2. A grievance not resolved in Step 2 and not appealed to Step 3 within ten (10) calendar days of receipt of the Chief's final answer in Step 2 will be considered waived. Step 3. If appealed from Step 2, the written grievance will be presented by LELS and discussed with the Medina City Council. The Medina City Council will give LELS the EMPLOYER's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following receipt of the Medina City Council's final answer in Step 3. Any grievance not appealed in writing to Step 3A by LELS within ten (10) calendar days of receipt of the Medina City Council's final answer in Step 3 will be considered waived. Step 3A. If the grievance is not resolved at Step 3 of the grievance procedure, the parties, by mutual agreement, may submit the matter to mediation with the Bureau of Mediation Services. Submitting the grievance to mediation preserves time lines for Step 4 of the grievance procedure and either party may, within ten (10) calendar days after completion of such mediation, submit the grievance to arbitration pursuant to Step 4 below. Step 4. A grievance unresolved in Step 3 or Step 3A and appealed to Step 4 by LELS will be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator will 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. 7.5.1 The arbitrator will have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this AGREEMENT. The arbitrator will consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and LELS, and will have no authority to make a decision on any issue not so submitted. The arbitrator will 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 decision will be binding on both the EMPLOYER and LELS and will 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. 7.5.2 The arbitrator's decision will be submitted to the parties 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. Resolution No. 2021-65 6 October 5, 2021 7.5.3 The fees and expenses of the arbitrator's services and proceedings will be borne equally by the EMPLOYER and LELS provided that each party will 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 provided the requesting party pays for the record and provide a copy of the record to the other party without cost. If both parties desire a verbatim record of the proceedings, the cost will be shared equally. 7.6 WAIVER If a grievance is not presented within the time limits set forth in Article 7 above, it will be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof it will 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, LELS 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 LELS in each step. ARTICLE 8. SAVINGS CLAUSE 8.1 This AGREEMENT is subject to applicable Federal and State Law. In the event any provision of this AGREEMENT will 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 will be voided. All other provisions of this AGREEMENT will 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 will be determined by the EMPLOYEE's length of continuous employment with the Police Department and posted in an appropriate location. Seniority rosters may be determined by the CHIEF on the basis of time in grade and time within specific classifications. 9.2 All newly -hired, re -hired, and promoted EMPLOYEES will serve a twelve 12 month probationary period. During the probationary period, a newly -hired or re -hired EMPLOYEE may be discharged, with or without cause, at the sole discretion of the EMPLOYER. During the probationary period, a promoted or reassigned EMPLOYEE may, at the EMPLOYEE's discretion, seek reinstatement to their previous position. The EMPLOYER may, during the probationary period, place a promoted or reassigned EMPLOYEE in their previous position at the sole discretion of the EMPLOYER. 9.3 A reduction of work force will be accomplished on the basis of seniority. Written notification of lay-off will be by mail (certified/return-receipt requested) or personal delivery no less than two (2) calendar weeks before lay-off is to take effect. Resolution No. 2021-65 7 October 5, 2021 EMPLOYEES will have the right to be recalled in the reverse order of lay-off for two consecutive years after lay-off (meaning that the EMPLOYEE with the most seniority will be recalled first). An EMPLOYEE on layoff will have an opportunity to return to work within two years of the time of the lay-off before any new employee is hired. EMPLOYEES on lay-off notified by mail (certified/return-receipt requested) or personal delivery to return to work or given an opportunity to return to work must return within two (2) calendar weeks after notification and if the EMPLOYEE does not return to work, the EMPLOYEE will forfeit all recall rights, unless otherwise agreed to by the parties under the circumstances. EMPLOYEES must be licensed or eligible to be licensed at the time of recall or forfeit any and all rights to return to work. The EMPLOYER will provide an updated list of available classes to laid -off EMPLOYEES upon request. 9.4 Seniority will be the determining criterion for promotion and transfer when all job -related qualifications of EMPLOYEES are equal. ARTICLE 10. DISCIPLINE 10.1 The EMPLOYER will discipline non -probationary EMPLOYEES for just cause only. Discipline will be in one or more of the following forms: a. Oral Reprimand; or b. Written Reprimand; or c. Suspension; or d. Demotion; or e. Discharge. 10.2 Suspensions, demotions, and discharges will be in written form and grievances involving such discipline will be initiated in Step 3 of the grievance procedure. 10.3 Written reprimands, notices of suspension, and notices of discharge which are to become part of an EMPLOYEE's personnel file will be read and acknowledged by signature of the EMPLOYEE. EMPLOYEES and LELS 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. ARTICLE 11. WORK SCHEDULE 11.1 The normal work year will be two -thousand eighty (2,080) hours to be accounted for by each EMPLOYEE through: a. Hours worked on assigned shifts; b. Holidays (as defined in Section 12.1 below); c. Training assigned by the EMPLOYER; d. Authorized leave time. 11.2 Nothing contained in this or any other Article will be interpreted to be a guarantee of a minimum or maximum number of hours the EMPLOYER may assign EMPLOYEES. Resolution No. 2021-65 8 October 5, 2021 ARTICLE 12. HOLIDAY LEAVE 12.1 Full-time EMPLOYEES will receive ninety-six (96) hours compensatory holiday hours in the normal work year. Holidays include: New Year's Day Martin Luther King Day Presidents' Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Friday after Thanksgiving Christmas One (1) personal holiday 12.2 EMPLOYEES will take holiday time at their request, upon mutual consent of the EMPLOYEE and the EMPLOYER; which consent shall not be unreasonably withheld. 12.3 Compensatory time under Article 12 will be governed by the compensatory time provisions of this Agreement. See Article 26. 12.4 If EMPLOYEES work any of the following eleven (11) holidays at the direction of the EMPLOYER, they will be paid at one and one-half (112) times their normal rate of pay for those hours worked: New Year's Day Martin Luther King Day Presidents' Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Friday after Thanksgiving Christmas 12.5 Overtime hours worked on any of the Holidays listed in 12.4, will be paid at two times the EMPLOYEE's normal rate of pay. ARTICLE 13. VACATION 13.1 Full-time EMPLOYEES will accrue vacation at the following rate for years of completed continuous service: Years of Completed Continuous Service 0<5years 5<10years 10 < 11 years 11 < 12 years 12 < 13 years Resolution No. 2021-65 October 5, 2021 Vacation Vacation Days Per Hours Per Year Year 10 days 80 hours 15 days 120 hours 16 days 128 hours 17 days 136 hours 18 days 144 hours 9 Vacation Hours Per Two Week Pay Period 3.08 hours 4.62 hours 4.92 hours 5.23 hours 5.54 hours 13 < 14 years 14 < 20 years 20+ years 19 days 20 days 25 days 152 hours 160 hours 200 hours 5.85 hours 6.15 hours 7.70 hours 13.2 Vacation time may be used at any time after accrual during the year in which the vacation time was earned and at any time before the end of the following calendar year. An EMPLOYEE may carry over up to one hundred twenty (120) hours of earned and unused vacation time to the next calendar year. The maximum vacation hours in an EMPLOYEE's bank at any given time cannot exceed the total of the carryover amount plus the EMPLOYEE's current annual vacation time leave accrual. Pay will not be granted in lieu of vacation. Any accrued, unused vacation not eligible for carry over will be lost. 13.3 EMPLOYEES will accrue vacation during the probationary period, but will not be eligible to use accrued vacation until completion of six (6) months of the probationary period. 13.4 EMPLOYEES may take vacation only with specific scheduled permission of the EMPLOYER. 13.5 Vacation period(s) requested for any part of a calendar year will be awarded on the basis of seniority until March 31st of each year. The CHIEF, or assigned designee, will be responsible for scheduling vacations. 13.6 Vacation will be calculated on the basis of actual length of time of the assigned shift. EMPLOYEES using accrued vacation or sick leave will be considered working for the purpose of accumulating additional vacation leave. 13.7 EMPLOYEES voluntarily leaving the service of the EMPLOYER will be compensated for vacation leave accrued and unused. 13.8 The estate of an EMPLOYEE who dies while employed by the EMPLOYER will be compensated for vacation leave accrued and unused. ARTICLE 14. SICK LEAVE 14.1 A full-time EMPLOYEE hired prior to January 1, 2012 will earn sick leave at the rate of eight (8) hours per calendar month worked fulltime, until the EMPLOYEE has accumulated seven hundred twenty (720) hours maximum accumulation. Amounts accumulated in excess of seven -hundred twenty (720) hours may be accrued for purposes of payment as specified in Article 14.6. 14.2 Sick leave will be used only when the EMPLOYEE is unable to work during his/her scheduled worktimes under any of the following conditions below: a. When the EMPLOYEE is unable to perform work duties due to the EMPLOYEE's own illness or disability (including pregnancy). b. For medical, dental or other care provider appointments. c. When the EMPLOYEE has been exposed to a contagious disease of such a nature that his/her presence at the work place could endanger the health of Resolution No. 2021-65 10 October 5, 2021 others. d. To care for the EMPLOYEE's injured or ill children, including, stepchildren, adopted or foster children, adult child, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent, for such reasonable periods as the employee's attendance may be necessary. e. To take children, or other family members to a medical, dental, or other care provider appointment. f. The EMPLOYEE may use up to 160 hours of sick leave in a calendar year for absences due to an illness of or injury to the employee's adult child, spouse, domestic partner, domestic partner, sibling, parent, grandparent, stepparent, parent -in-laws (mothers-in-law and fathers-in-law) and grandchildren (includes step -grandchildren, biological, adopted or foster grandchildren). g. The EMPLOYEE is authorized to use sick leave as safety leave for reasonable absences for the EMPLOYEE or the EMPLOYEE's relatives (employee's adult child, spouse, sibling, parent, mother-in-law, father-in- law, grandchild, grandparent, or stepparent) who are providing or receiving assistance because they, or a relative, is a victim of sexual assault, domestic abuse, or stalking. Safety leave for those listed, other than the EMPLOYEE and the EMPLOYEE's child, is limited to 160 hours in a calendar year. 14.3 To be eligible for paid sick leave, an EMPLOYEE will notify the Department two (2) hours prior to the starting time of the scheduled shift. Such notice may be waived by the Chief of the EMPLOYEE could not reasonably be expected to comply due to the circumstances of illness or injury. If the EMPLOYEE is absent three (3) consecutive working days or longer, or if the EMPLOYER has reasonable cause to believe that sick leave benefits are not available under this provision, the Chief may request and the EMPLOYEE must provide the statement of a doctor to verify that there is a condition, illness, injury, or circumstance for which benefits are available under this contract which prevents the EMPLOYEE from working. 14.4 An EMPLOYEE voluntarily leaving employment, after giving the EMPLOYER proper written notice of termination of employment, who has been employed for four (4) or more years of continuous full-time police service with the EMPLOYER, will be paid for one third (1/3) of his/her accumulated sick leave hours at his/her base rate of pay. 14.5 An EMPLOYEE hired prior to January 1, 2012 voluntarily leaving employment with 20 or more years of service with the EMPLOYER, after giving the EMPLOYER proper written notice of termination of employment will have the following options in regard to accrued sick leave below the seven hundred twenty (720) hour cap: A. Receive payment from the EMPLOYER for one half ('/2) of all accrued and unused sick leave at his/her base rate of pay; or B. Place an amount equal to any accrued sick leave into the retirement health insurance fund as outlined in Article 14.6. Resolution No. 2021-65 11 October 5, 2021 EMPLOYEES choosing to participate in the retirement health insurance program, without exigent circumstances, must provide the EMPLOYER with (90) days advance notice of termination to receive this benefit. 14.6 An EMPLOYEE hired prior to January 1, 2012 may accumulate seven hundred twenty (720) hours of sick leave. For sick leave accumulated in excess of seven hundred twenty (720) hours, the EMPLOYEE will have the following options: A. Bank the hours in a fund established by the EMPLOYER for the purpose of retirement health insurance premiums. All hours placed into the fund will be credited at 100%, and converted to a monetary value by using the EMPLOYEE's base rate of pay for the year of retirement; or B. Receive payment from the EMPLOYER of the accrued hours at one third (1/3) his/her base rate of pay at the end of the calendar year. 14.7 EMPLOYEES beginning employment with the Medina Police Department after January 1, 2012 will earn sick leave at the rate of eight (8) hours per calendar month worked fulltime and shall not bank sick leave over nine hundred sixty (960) hours. An EMPLOYEE leaving voluntarily, with four or more years of service with the city after giving the City fourteen (14) calendar days advance written notice of termination of employment will be paid one third (1/3) at his/her base rate of pay for his/her accumulated and unused sick leave hours. An EMPLOYEE leaving employment voluntarily with twenty (20) or more years of service with the City will have one of the two following options in regard to accrued sick leave: A. After giving the City at least fourteen (14) calendar days' advance written notice of termination of employment, receive payment from the City for 50% of accrued and unused sick leave at the EMPLOYEE's base rate of pay at the time of termination; or B. After giving the City at least fourteen (14) calendar days' advance written notice of termination of employment, place an amount equal to 50% of accrued and unused sick leave at the EMPLOYEE's base rate of pay at the time of termination into a fund established by the EMPLOYER for the purpose of retirement health insurance premiums. ARTICLE 15. INJURY -ON -DUTY LEAVE 15.1 An EMPLOYEE who is unable to work due to a job -related injury or sickness and who qualifies for Workers' Compensation will be eligible for INJURY -ON -DUTY LEAVE. The EMPLOYER will compensate the EMPLOYEE's full normal salary for the initial waiting period set forth in Minn. Stat. § 176.121. Such compensation by the EMPLOYER will not be deducted from any of the EMPLOYEE's accumulated benefits. In the event Worker's Compensation subsequently provides payment for this waiting period, such payment will be reimbursed to the EMPLOYER in order to avoid double payment to the EMPLOYEE. Resolution No. 2021-65 12 October 5, 2021 15.2 In addition to the provisions Set forth in Article 15.1, an EMPLOYEE found eligible for INJURY -ON -DUTY LEAVE will receive supplementary payments from the EMPLOYER equal to the difference between the total amount of all other EMPLOYER injury related benefits (i.e., Worker's Compensation, pension disability benefits) and the EMPLOYEE's normal net rate of pay (i.e., pension disability benefits) and the EMPLOYEE's normal net rate of pay (i.e., after subtraction of Federal and State tax withholding and retirement contributions) for a maximum of ninety (90) consecutive calendar days. Such supplementary payments will not be charged against the EMPLOYEE's accrued sick leave. Thereafter, an EMPLOYEE may elect to be paid such supplementary payments (as defined above) for a benefit not to exceed the EMPLOYEE's maximum hours of accrued vacation and sick leave. 15.3 INJURY -ON -DUTY LEAVE will extend for a maximum of ninety (90) consecutive calendar days following the date of Worker's Compensation eligibility, plus the period of any accrued vacation and sick leave during which the EMPLOYEE elects to be paid supplementary payments as provided in Article 15.2. The EMPLOYER may require the injured EMPLOYEE to be examined by a physician selected by the EMPLOYER in order to determine whether the EMPLOYEE is able to return to work pursuant to the provisions of Article 15.4. 15.4 An EMPLOYEE who elects to supplement INJURY -ON -DUTY payments with accrued sick and vacation leave will continue to accrue benefits until sick and vacation leave are exhausted. Once sick and vacation leave are exhausted, or if the EMPLOYEE has elected not to supplement payments under this Article with accrued sick and vacation leave, no benefits will accrue to an EMPLOYEE when on INJURY -ON -DUTY LEAVE except that the EMPLOYER will continue to contribute to the medical insurance premiums of the EMPLOYEE to the same extent as if the EMPLOYEE was not on INJURY -ON - DUTY LEAVE. ARTICLE 16. DISABILITY LEAVE 16.1 Disability is defined as the inability of an EMPLOYEE to perform substantially all the duties of his/her position. An EMPLOYEE will be entitled to a leave of absence without pay for up to one year if s/he is disabled as a result of a non -work related injury, illness, or disability. The EMPLOYEE must request leave in advance, except in an emergency. The leave will be granted by the EMPLOYER, upon recommendation of the Police Chief. Where leave of absence without pay is granted for disability of any nature, an EMPLOYEE's accrued, unused sick leave must be exhausted prior to requesting and being granted the period of leave of absence. The EMPLOYER may require the opinion of the EMPLOYEE's doctor that the EMPLOYEE is disabled, and may require the EMPLOYEE to be examined by a doctor selected by the EMPLOYER in order to verify the disability. At the end of the leave of absence period, the EMPLOYEE, if able to return to work, will be reinstated to h/h original job, status, and pay, without loss of seniority. The EMPLOYER may require medical certification stating that the EMPLOYEE is to be examined by a doctor selected by the EMPLOYER in order to verify that the EMPLOYEE is fully able to return to work. No benefits will accrue to any EMPLOYEE when on disability leave of absence without pay, except that the City will Resolution No. 2021-65 13 October 5, 2021 Continue to contribute to the medical insurance premiums of the EMPLOYEE to the same extent as if the EMPLOYEE was not on disability leave. ARTICLE 17. FUNERAL LEAVE 17.1 Paid funeral leave will be granted, if requested, to all full-time employees for a maximum of five (5) days for death of an employee's spouse, child, father, or mother, and for three (3) days for the death of a brother, sister, grandparent, grandchild, current spouse's mother or father, grandparents of current spouse, siblings of current spouse, spouses of employee siblings, son-in-law, daughter-in-law, step-parent, step -children, step - grandparents, step -grandchildren, step -sister, step -brother, niece, nephew, aunt, uncle, or legal guardian. 17.2 Additional days of funeral leave may be requested to and approved by the City Administrator, taken as needed and charged to accrued sick leave. If sick time is not available, the time may be taken from accrued vacation leave, or as unpaid time, all of which must be approved by the City Administrator. 17.3 Full-time employees may also request up to two (2) days of accrued sick leave for the death of non -immediate related family members (related by blood or marriage) or death of a non -related person. If sick leave is not available, the time may be taken from accrued vacation leave or as unpaid time, all of which must be approved by the City Administrator. 17.4 Notwithstanding the use of time above, full-time and part-time EMPLOYEES may request to use accrued vacation time as funeral leave, which must be approved by the City Administrator. ARTICLE 18. INSURANCE 18.1 The EMPLOYER will contribute 100% of the health insurance premium for full-time employees electing single coverage on any plan. The EMPLOYER will contribute 100% of the health insurance premium up to $1,753.00 per month for family coverage premiums for full-time EMPLOYEES. Any premium in excess of $1,753.00 per month will be split, with the EMPLOYEE paying 50% of the excess until the EMPLOYEE has paid 25% of the total monthly premium for family coverage. Once the EMPLOYEE'S contribution to the family coverage insurance premium reaches the 25 percent level, future premium increases or decreases will be shared between the EMPLOYEE/EMPLOYER at the rate of a 25/75 split. The EMPLOYER will contribute $3,000 toward the EMPLOYEE'S HRA or HSA account. The EMPLOYER will contribute 100% of the premium for full-time employees electing single dental coverage. Resolution No. 2021-65 14 October 5, 2021 The EMPLOYER will contribute no less than $122.95 per month for full-time EMPLOYEES selecting family dental coverage. 18.2 The EMPLOYER will provide a life insurance policy for each full-time EMPLOYEE with coverage of $50,000. The full cost of the premium will be paid by the EMPLOYER. 18.3 An EMPLOYEE will have the option to convert accrued sick time to pay the premium for Long Term Disability. The tax on the premium will continue to be taken from the EMPLOYEE's paycheck in order to satisfy the IRS requirements. 18.4 In the event the health insurance provisions of this Agreement fail at any time to meet the requirements of applicable law and its related regulations or cause the EMPLOYER to be subject to a penalty, fine or additional tax liability, LELS and the EMPLOYER will meet promptly to negotiate alternative provisions in good faith. ARTICLE 19. HEALTH CLUB MEMBERSHIP 19.1 An EMPLOYEE will receive up to twenty-five ($25.00) per month toward a health club membership, which will be reimbursed at the end of the year. ARTICLE 20. UNIFORMS 20. 1 The EMPLOYER will provide full-time EMPLOYEES with an annual uniform and safety equipment allowance pursuant to the department policies in the amount of nine hundred dollars ($900). 20.2 The uniform allowance will be paid on a voucher system. The investigator(s) and the drug taskforce member will have the choice to take their uniform allowance in a form of a check at the beginning of the year. This will be a taxed item to comply with the IRS regulations. 20.3 EMPLOYEES may utilize up to one hundred dollars ($100.00) of their clothing allowance per year for the purpose of dry cleaning the EMPLOYER -authorized work uniform. ARTICLE 21. WAGES 21.1 EMPLOYEES will be paid in accordance with the wage schedule attached to this AGREEMENT entitled: APPENDIX "A". APPENDIX "A" will be considered part of this AGREEMENT. In 2022 and 2023 EMPLOYEES will receive a 3.5% COLA increase on January 1st as reflected in the wage schedule in APPENDIX A. If other City employees' COLA wages are increased more than the percentages shown above in each respective year, APPENDIX A will be increased by the same percentage. Resolution No. 2021-65 15 October 5, 2021 ARTICLE 22. OVERTIME 22. 1 EMPLOYEES specifically directed by the EMPLOYER to work in excess of the EMPLOYEE's scheduled shift will be paid at a rate of one and one half (1 %2) times the EMPLOYEE's base rate of pay. 22.2 EMPLOYEES, who at the direction of the EMPLOYER, are scheduled to work more than 2,080 hours in a calendar year will be paid at a rate of one and one-half (1 %2 ) times the EMPLOYEE's base rate of pay. 22.3 EMPLOYEES may switch shifts with other EMPLOYEES with prior approval of the Chief. Shift switching does not qualify an EMPLOYEE for overtime. 22.4 Overtime will be distributed as equally as practicable. 22.5 Overtime refused by EMPLOYEES will be for record purposes under Article 22.4 considered as unpaid overtime worked. 22.6 For the purpose of computing overtime compensation, overtime hours worked will not be pyramided, compounded, or paid twice for the same hours worked. 22.7 Overtime will be calculated to the nearest fifteen (15) minutes. 22.8 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 23. COURT TIME 23.1 EMPLOYEES who are required to appear in Court during their scheduled off -duty time will receive a minimum of three (3) hour's pay at one and one-half (1 %2) times the EMPLOYEE's base pay rate. An extension or early report to a regularly -scheduled shift for Court appearance does not qualify the EMPLOYEE for the three (3) hours minimum. ARTICLE 24. STANDBY 24. 1 EMPLOYEES required by the EMPLOYER to standby will be paid for such standby time at the rate of one (1) hour' s pay for each hour on standby. ARTICLE 25. CALL BACK TIME 25. 1 EMPLOYEES who are called to duty during their scheduled off -duty time will receive a minimum of two (2) hour's pay at one and one-half (1 %2) times the EMPLOYEE's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the EMPLOYEE for the two (2) hour's minimum. Resolution No. 2021-65 16 October 5, 2021 ARTICLE 26. COMPENSATORY TIME 26.1 In lieu of payment for overtime, holiday leave, call back, court time, or standby time, and with the prior approval of the Chief, EMPLOYEES may elect to take compensatory time, at the applicable rate. 26.2 Compensatory time earned must be taken by the EMPLOYEE as soon as practicable. EMPLOYEES will request compensatory time off and the EMPLOYER will permit EMPLOYEES to use such time off within a reasonable period after the EMPLOYEE makes the request provided such use does not unduly disrupt the operations of the Police Department. Requests for compensatory time off will only be denied when to grant the request would impose an unreasonable burden on the Police Department's ability to provide services of acceptable quality and quantity for the public during the time requested without the use of the EMPLOYEE's services. 26.3 EMPLOYEES who accumulate more than eighty (80) hours of compensatory time in the "bank" of compensatory time will be paid in cash for any time in excess of eighty (80) hours. ARTICLE 27. P.O.S.T. LICENSE FEE AND TRAINING 27.1 The EMPLOYER shall afford paid time for employees to obtain the Police Officer Standards Training (P.O.S.T.) annually. The EMPLOYER shall pay for training each year, including license fees, tuition, and meals. Meals will be paid up to fifteen dollars ($15.00) for a single training day and up to thirty-five dollars ($35.00) a day if required to stay overnight. ARTICLE 28. EDUCATION REIMBURSEMENT 28.1 The EMPLOYER shall pay EMPLOYEE reimbursement of approved continued education per the City's Personnel Policies Section 5.80 Continuing Education Program. ARTICLE 29. RESIGNATION 29.1 Any EMPLOYEE wishing to leave municipal service in good standing will file with the supervisor, at least fourteen (14) days before leaving, a written resignation stating the effective date of the resignation. Failure to comply with this procedure may be considered cause for denying terminal leave benefits. Unauthorized absence from work for a period of three (3) consecutive working days may be considered by the supervisor as a resignation without such benefits. ARTICLE 30. PART-TIME EMPLOYEES 30.1 Part-time EMPLOYEES will receive the same benefits as other part-time City EMPLOYEES as set forth in the City's Personnel Policy. Part-time EMPLOYEES are not eligible for one and one-half (1 %2) times normal pay for holidays worked as set forth Resolution No. 2021-65 17 October 5, 2021 in Article 12.4. 30.2 Part-time EMPLOYEES will be compensated at wage rates set forth for part-time EMPLOYEES in the Appendix "A." attached to this AGREEMENT. ARTICLE 31. WAIVER 31.1 Any and all prior agreements, resolutions, practices, rules and regulations regarding terms and conditions of employment to the extent inconsistent with the provision of this AGREEMENT, are hereby superseded. 31.2 The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT, each had the 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 EMPLOYER and LELS each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment 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. ARTICLE 32. DURATION 32.1 This AGREEMENT will be effective as of January 1, 2022, and will remain in full force and effect until the 31st day of December, 2023. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT indicated below. FOR THE CITY OF MEDINA: LAW ENFORCEMENT LABOR SERVICES, INC. DATE: DATE: DATE: DATE: Resolution No. 2021-65 18 October 5, 2021 Resolution No. 2021-65 19 October 5, 2021 APPENDIX A AI. WAGES EFFECTIVE 1-1-2022 HOURLY RATE: STEP 1 - Start STEP 2 - After 1 Year of Continuous Service STEP 3 - After 2 Years of Continuous Service STEP 4 - After 3 Years of Continuous Service $30.92 $34.30 $37.65 $41.07 EFFECTIVE 1-1-2023 HOURLY RATE: STEP 1 - Start STEP 2 - After 1 Year of Continuous Service STEP 3 - After 2 Years of Continuous Service STEP 4 - After 3 Years of Continuous Service $32.00 $35.50 $38.97 $42.51 A2. Part-time EMPLOYEES will be compensated at a wage rate equal to or greater than Step 1 above. A3. Nothing in Appendix "A" will constrain the EMPLOYER from hiring an EMPLOYEE at any step in the wage schedule. A4. The EMPLOYER will pay Investigators/Drug Task Force Officers an additional two hundred and fifty ($250.00) per month (or give eight hours of compensatory time for every week on call) for officers assigned to these positions. A5. The EMPLOYER will reimburse all full-time EMPLOYEES for travel and meals in accordance with the City's Travel Policy Section 99.20. A6. The EMPLOYER will pay a designated Field Training Officer (FTO) at a rate of $1.50 per hour in addition to the FTO's base wage for hours worked as an FTO. Resolution No. 2021-65 20 October 5, 2021