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HomeMy WebLinkAbout04-25-2022 Council Packet Page 1 of 66 THIS PAGE INTENTIONALLY LEFT BLANK Page 2 of 66 Page 3 of 66 Page 4 of 66 Page 5 of 66 Page 6 of 66 Page 7 of 66 Page 8 of 66 Page 9 of 66 THIS PAGE INTENTIONALLY LEFT BLANK Page 10 of 66 Page 11 of 66 Page 12 of 66 Oak Park Heights Request for Council Action th Meeting Date , 2023 Time Required: 1 Minutes Agenda Item Title: Approve City – 2023-2025 Labor Agreement Agenda Placement Consent Agenda Originating Department/Requestor Eric Johnson, City Administrator Requester’s Signature: Action Requested: Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): The attached Tentative Agreement between the City and the is enclosed and is reflective of the discussions sought by both parties. Page 13 of 66 between CITY OF OAK PARK HEIGHTS And Minnesota Public Employees Association Supervisors Unit MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES’ UNION, LOCAL #320 Representing: Supervisors’ Unit Effective January 1, 20230 through December 31, 20252 Page 14 of 66 TABLE OF CONTENTS ARTICLE EST.PAGE PURPOSE OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 1 RECOGNITION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 1 DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 1 EMPLOYER AUTHORITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 2 UNION SECURITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V 2 EMPLOYEE RIGHTS – GRIEVANCE PROCEDURE. . . . . . . . . . . . . VI 3 SAVINGS CLAUSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VII 5 DISCIPLINE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIII 5 CONSTITUTIONAL PROTECTION. . . . . . . . . . . . . . . . . . . . . . . . . . . IX 5 SALARIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X 5 WORK SCHEDULE.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XI 6 COMPENSATORY TIME. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XII 6 OVERTIME. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XIII 6 CALL BACK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XIV 7 SHIFT DIFFERENTIAL PREMIUM – SERGEANTS. . . . . . . . . . . . . . XV 7 SICK LEAVE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XVI 7 JURY DUTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XVII 7 COURT TIME . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XVIII 8 BEREAVEMENT PAY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XIX 8 SEVERANCE PAY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XX 8 LEAVE WITHOUT PAY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XXI 8 PROFESSIONAL DEVELOPMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . XXII 8 HOLIDAYS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XXIII 9 VACATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XXIV 9 HEALTH INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XXV 10 DENTAL INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XXVI 10 ON THE JOB INJURY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XXVII 10 FAMILY AND MEDICAL LEAVE ACT. . . . . . . . . . . . . . . . . . . . . . . . Formatted: Justified XXVIII 11 EXTRA VACATION DAY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XXIX 11 CLOTHING ALLOWANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XXX 11 INCENTIVE PAY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XXXI 12 ADDITIONAL INCENTIVE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XXXII 13 SAFETY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XXXIII 13 WAIVER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XXXIV 13 FALSE ARREST INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XXXV 14 TEAMLEGAL DEFENSE PLAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XXXVI 14 PEACE OFFICER STANDARD TRAINING (P.O.S.T.) . . . . . . . . . . . . XXXVII 14 MAINTENANCE OF BENEFITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XXXVIII 14 DURATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XXXIX 14 APPENDIX A – SALARY SCHEDULE. APPENDIX B - HEALTH CARE AGREEMENT Formatted: Justified, Tab stops: Not at 1.5" i Page 15 of 66 i Page 16 of 66 LABOR AGREEMENT between CITY OF OAK PARK HEIGHTS And Minnesota Public Employees Association MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES’ UNION, LOCAL NO. 320 ARTICLE I. PURPOSE OF AGREEMENT This Agreement is made and entered into between the City of Oak Park Heights, hereinafter referred to as the EMPLOYER, and Minnesota Public Employees Association (or MNPEA) Minnesota Teamsters Public and Law Enforcement Employees’ Union, Local No. 320, hereinafter referred to as the UNION. The parties hereto agree as follows: It is the intent and purpose of this Agreement to: 1.1 Establish procedures for the resolutions of disputes regarding the interpretation and/or application of the provisions set forth in this Agreement; and 1.2 Express in written form an agreement between the parties on terms and conditions of employment for the duration of this Agreement. ARTICLE II. RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota State Statutes §179A.03, Subd. 17 for all supervisory personnel as follows: POLICE CHIEF DEPUTY CLERK/FINANCE DIRECTOR PUBLIC WORKS DIRECTOR SERGEANT (formerly “Division Heads”) 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 III. DEFINITIONS 3.1 UNION: Minnesota Public Employees Association MN Teamsters Public and Law Enforcement Employees’ Union, Local No. 320. 3.2 UNION MEMBER: A member of the Minnesota Public Employees Association Minnesota Teamsters Public and Law Enforcement Employees’ Union, Local No. 320. Page 17 of 66 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit 3.4 EMPLOYER: The City of Oak Park Heights. 3.5 UNION OFFICER: Officer elected or appointed by the Minnesota Teamsters Public and Law Enforcement Employees’ Union, Local No. 320. 3.6 PROBATIONARY PERIOD: Newly hired employees shall serve a probationary period of one year (12 months) from the date of hire. Probationary employees may be terminated at the sole discretion of the Employer. 3.7 OVERTIME: Work performed at the express authorization of the Employer in excess of the employee’s scheduled shift. 3.8 REST BREAK: Two (2) fifteen (15) minute periods during the eight (8) hour work day. 3.9 LUNCH BREAK: A thirty-minute period during the eight (8) hour work day. 3.10 BASE PAY RATE: That wage rate paid to the employee exclusive of such payments as overtime, longevity, educational incentive, or other fringe benefits or premium payments. ARTICLE IV. EMPLOYER AUTHORITY 4.1 The Employer retains the full and unrestricted right to operate and manage all personnel, 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. 4.2 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 V. UNION SECURITY 5.1 The Employer shall deduct from the wages of employees, who authorize such deduction in writing, an amount necessary to cover monthly Union dues. or “fair share” deduction as provided for by Minnesota State Statute §179A.06, Subd. 3, if the employee elects not to become a member of the Union. Such monies shall be remitted as directed by the Union. Page 18 of 66 5.2 The Union may designate employees from the bargaining unit to act as Steward and shall inform the Employer, in writing, of such choice and changes in the position of Steward. 5.3 The Employer shall make space available on the Employee bulletin boards for posting Union notice(s) and announcement(s). 5.4 Union Steward: The Employer agrees that the Employee designated steward under Article 6.2 of this Agreement shall be allowed a reasonable amount of duty time annually to attend to Union matters as designated by the Union in addition to the other Steward activities as provided for in this Agreement. 5.5 Identify Business Agent: The Union shall have right to enter the facilities of the Employer so long as said visits do not interfere with the job duties and responsibilities of an Employee. 5.6 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 VI. EMPLOYEE RIGHTS – GRIEVANCE PROCEDURE 6.1 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. 6.2 UNION REPRESENTATIVES: The Employer will recognize representatives designated by the union as the grievance representatives of the bargaining unit having 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. 6.3 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 Employee and shall, therefore, be accomplished during 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 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 of the Employer. 6.4 PROCEDURE: Grievance, as defined in Section 6.1 shall be resolved in conformance with the following procedure: Page 19 of 66 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 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 a grievance is not resolved at Step 1 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. Any grievance unresolved in Step 2 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. 6.5 ARBITRATOR’S AUTHORITY A. The arbitrator shall not have the 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 or issues 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 thirty (30) days following the 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 the 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 both the Employer and the Union, provided that each Page 20 of 66 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 costs shall be shared equally. 6.6 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 any 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. ARTICLE VII. SAVINGS CLAUSE 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 void. All other provisions of this Agreement shall continue in full force and effect. The void or provision may be renegotiated at the written request of either party. ARTICLE VIII. DISCIPLINE 8.1 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. 8.2 Suspensions, demotions and discharges will be in written form. 8.3 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. The Employee and the Union will receive a copy of such reprimand and/or notices. 8.4 Employees may examine their own individual personnel files at reasonable times under direct supervision of the Employer. 8.5 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has had an opportunity to have a Union representative present at such questioning. Page 21 of 66 8.6 Grievances relating to this Article shall be initiated by the Union in Step 2 of the Grievance Procedure under Article VI. ARTICLE IX. CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitutions. ARTICLE X. SALARIES Employees shall be paid in accordance with the attached Salary Pay Schedules marked “Appendix A.” The City reserves the right to place new hires where the market deems appropriate in the Salary Schedule. For the purposes of this paragraph, the City shall st provide a base wage increase adjustment for as of the January 1 of each of the following years: 4.0 %, 3.5% and 3.5% respectively 3.0% in each of the following years: 20230, 20241 & 20252. ARTICLE XI. WORK SCHEDULE 11.1 The normal work year is two thousand eighty (2,080) hours, to be accounted for by each employee through: A. Scheduled hours of work; B. Assigned training; C. Authorized leave time; D. Holidays. 11.2 Holidays and authorized leave time are to be calculated on the basis of an eight (8) hour work day. 11.3 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 XII. COMPENSATORY TIME 12.1 Employees will be entitled to take compensatory time for any hours worked in excess of eight (8) hours per day, forty (40) hours per week, subject to the prior review and approval of the City Administrator. Employees may annually accumulate a maximum of 40 total hours of Compensatory Time. Compensatory time shall be taken in the calendar year earned and shall not be carried over to the subsequent year. Compensatory time not taken in the calendar year earned shall be cashed out at the end of the calendar year earned. Page 22 of 66 12.2 Employees will not be entitled to overtime pay or call back pay. 12.3 Sergeants who are required to conduct phone business calls outside regularly scheduled work hours shall receive $1,000 (one thousand dollars) per year paid as part of their first pay period of the year. This will be prorated (applied retroactively) monthly in the event there is a separation between the City and the employee. This section does not apply when a call results in a call back to work as the employee will be compensated in accordance with the Call Back provision (Article 14) of the agreement. ARTICLE XIII. OVERTIME 13.1 Sergeants will be compensated at one and one-half (1½) times the Sergeants regular base pay rate for hours worked in excess of the Sergeants regularly scheduled shift. Changes of shift do not qualify a Sergeant for overtime under this Article. Compensatory time may be taken, at the option of the Sergeant, as payment for overtime worked in lieu of money. Sergeants may cash out up to forty (40) hours of compensatory time at the end of the calendar year. Compensatory time may not be carried over from one calendar year to the next 13.2 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 13.3 Overtime will be calculated to the nearest fifteen (15) minutes. 13.4 Sergeants have an obligation to work overtime or call backs if requested by the Employer unless unusual circumstances prevent the Sergeant from so working. ARTICLE XIV. CALL BACK A Sergeant who is called back to duty during his/her scheduled off-duty time shall receive a minimum of three (3) hours pay at one and one-half (1½) times the Sergeants’ base rate of pay. An extension or early report for a regularly scheduled shift for duty does not qualify the Sergeant for the three (3) hour minimum. ARTICLE XV. SHIFT DIFFERENTIAL PREMIUM – SERGEANTS Sergeants working an evening shift shall receive $2.10 per hour differential for all hours worked between 6PM and 6AM. Sergeants who work on a shift beginning earlier than 6AM or ending later than 6PM shall be entitled to receive a night differential for the entire shift provided at least 6 hours of that shift are worked between 6PM and 6AM. This differential shall not be paid where such work constitutes overtime under the provisions of this agreement. Sergeants regularly assigned night shifts shall be paid this differential during all paid leaves. Page 23 of 66 ARTICLE XVI. SICK LEAVE 16.1 The Employer grants to each employee paid sick leave at the rate of 8 hours per month for each month of employment or major fraction thereof. 16.2 Employees shall earn sick leave during their probationary period but shall not use sick leave without the approval of the Employer. 16.3 There shall not be a maximum accumulation sick leave 16.4 Sick leave shall be used only for absences from duty because of personal illness or legal quarantine of the employee or because of serious illness in the immediate family. Immediate family shall mean brother, sister, parents, parents-in-law, spouse, or children of the employee. Employees that utilize sick leave for more than three consecutive work days shall provide evidence of such illness via the provision of medical doctor’s written communication to the City confirming such illness and when the employee is anticipated to return. This documentation must be provided prior or concurrently to the employee returning to work. ARTICLE XVII. JURY DUTY 17.1 In the event an employee covered by this Agreement is called for jury duty, the employee shall give the Employer any payment received less any meal or mileage allowance in exchange for full wages from the Employer for any days the employee served on jury duty. ARTICLE XVIII. COURT TIME 18.1 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 (1½) times the employee’s base rate of pay. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the three (3) hour minimum. 18.2 If a court appearance is canceled with less than two (2) business days notice, the employee shall receive two (2) hours pay at one and one-half (1½) times the employee’s base rate of pay. 18.3 If a court appearance is canceled with less than one (1) days notice, the employee shall receive three (3) hours pay at one and one-half (1½) times the employee’s base rate of pay. ARTICLE XIX. BEREAVEMENT PAY When necessary, and upon approval by the Employer, up to five (5) days of sick leave with pay will be granted in case of death in the family. The degree of relationship Page 24 of 66 includes spouse, parents, spouse’s parents, children, brothers and sisters, brothers-in- law, sisters-in-law, grandparents, grandchildren and stepchildren. ln the event of death of a spouse, father, mother, father or mother-in-law, stepfather, stepmother, child or step-child, three days (24 hours) of the total five days may be taken with pay that does not count against sick-leave or vacation. ARTICLE XX. SEVERANCE PAY 20.1 Upon retirement, being disabled so that employment must be terminated, or for termination of employment for reasons other than for cause, permanent employees who have completed ten (10) years of service with the City shall be entitled to 50% of the unused sick leave as severance pay. The severance payment shall not exceed a maximum of 600 hours upon separation. In the case of employee’s death, the beneficiaries of the deceased employee shall be entitled to 100% of the severance pay the deceased employee was entitled to at the date of his/her death. 20.2 Employees may opt to bank his/her severance to use as insurance premium on the City insurance plan upon retirement up to the age of sixty-five (65) years old with the remaining being paid out at that time. ARTICLE XXI. LEAVE WITHOUT PAY The City Administrator may grant regular full-time employees a leave of absence without pay for a period not to exceed ninety (90) days except that the City Administrator may extend such leave to a maximum of one (1) year in a case of disability or extraordinary circumstances. ARTICLE XXII. PROFESSIONAL DEVELOPMENT 22.1 For full-time regular employees as of 12-31-13, the Employer will reimburse one hundred percent (100%) of the employee’s cost for tuition only for educational classes. For those full-time regular employees hired after 12-31-13 the employer will reimburse fifty percent (50%) of the employee’s cost for tuition only for educational classes. In all cases reimbursement is subject to the following conditions: A. Employee must have the approval of the City Administrator to take any classes; B. Employees must present written proof through a report card or similar method that they have passed the class; C. Reimbursement will occur after the Employee has presented the proof of passing Page 25 of 66 the class to the City Administrator; D. Education must be job related. 22.2 Employees will be reimbursed for annual dues paid for memberships in up to five (5) professional associations. Reimbursement for a new membership in a profession association shall require prior approval of the City Administrator. 22.3 The Employer will also fund reasonable subscriptions and/or reference materials to continue employee’s development and their ability to perform their duty. ARTICLE XXIII. HOLIDAYS 23.1 Employer grants to each employee the followingtwelve (12) paid holidays per year. Paid holidays being as follows: New Year’s Day Labor Day Martin Luther King, Jr. Day Thanksgiving Day President’s Day Day after Thanksgiving Memorial Day Christmas Eve Juneteenth (effective 2024) Christmas Day Formatted: Indent: Left: 0", First line: 0.5" Formatted: Indent: First line: 0.5" Independence Day Christmas Day Veteran’s Day One (1) floating holiday (selected by the employee and subject to the approval of the City Administrator). For 2023 only, One (1) additional floating holiday is added. This added floating holiday expires and sunsets effective 12/31/23. 23.2 In the event it is determined that the Police Department employees are entitled to more than twelve (12) paid holidays per year, pursuant to the wording of the existing contract, the employees shall be entitled to the same number of paid holidays per year as the Police Department employees. 23.3 A Sergeant required to work on any holiday listed above shall receive an additional one-half (½) times pay for all hours worked on that shift in addition to regular pay and holiday pay. For Sergeants, Holiday pay shall be calculated by using the base monthly pay rate, (base monthly pay divided by 173 hours X 8 hours x 12 holidays). ARTICLE XXIV. VACATIONS Page 26 of 66 24.1 The Employer grants to each Employees employee paid vacation as per the following schedule(s) (for the purposes of Sec 24.1; 1 day = 8 hours; ½ day = 4 hours, etc.): FOR DEPARTMENT HEADS (Only defined as: Chief of Police, Finance Director & Public Works Director: Months of City Service Working Days Per Year 0 through 12 10 13 through 24 15 25 through 60 20 61 months or more 25 FOR NON-DEPARTMENT HEADS (Sergeants or other): 0 through 5 years of service – 10 working days per year (5/6 days per month) 6 through 10 years of service – 15 working days per year (1¼ days per month) 11 through 15 years of service – 20 working days p 16 and over years of service – 1 additional day per year to a maximum of twenty- five (25) days per year. 24.2 Employees shall earn vacation during their probationary period but shall not use vacation leave without the approval of their employer. 24.3 Employees shall accrue vacation leave to a maximum of 320 working hours. 24.4 Vacation leave may be used as earned provided that the City Administrator shall approve the requested time. 24.5 Any employee leaving City employment shall receive unused accumulated vacation leave if said employee has given proper notice of thirty (30) days. 24.6 In addition to the vacation set forth above, after two (2) years of service, permanent employees shall be granted 16-hours personal leave with pay to take care of personal business that can only be taken care of during normal working hours. Said leave will be non-accumulative and subject to prior approval of the City Administrator which may not be unreasonably withheld. 24.7 Unless expressly directed by the Employee’s supervisor to work on a given Holiday as defined in Section 23.1 for an immediate purpose; or due to a specific and emergent need for the Chief of Police or the Public Works Director, all Employees shall have those days-off as paid holiday leave as listed under 23.1. Page 27 of 66 ARTICLE XXV. HEALTH INSURANCE 25.1 APPENDIX B outlines the agreed upon health care elements for 2020-2022 For the 20230-20252 Agreement, the terms and elements of the 2017-2019 Health Care Agreement remains in place until amended. The following paragraph is limited to an “understanding” between the City and the Union; and for both parties to endeavor to make a good-faith effort to explore health care alternatives. Neither party is compelled to take any specific action at the conclusion of any discussions should they commence. The City and Unions are compelled to retain the current policies and cost divisions until such time as the parties agree otherwise. However, due to continued cost increases to both the City and Union Members, the parties shall collectively meet over the course of 20230 to explore further options for health care savings opportunities for 20231 and beyond. The objective is to determine if the parties are able to discover and enable alternative policies or programs to its employees and members that results in retaining quality coverages and yielding a reasonable cost savings to both parties. All discussions are non-binding in nature until all parties agree in writing to terms determined to be acceptable. 25.2 As may be permitted by law, the City will maintain a Post-Retirement Health Insurance Plan (Health Care Savings Account) consistent with State and Federal regulations. All costs and responsibilities, including any tax impacts or fees, associated with such plan shall be paid in full by the Employees. At no-time shall this plan and/or its benefits become the financial responsibility of the Employer. ARTICLE XXVI. DENTAL INSURANCE 26.1 The City shall execute an agreement with Delta Dental (or other competent provider) that is anticipated to offer dental coverage benefits and at rates found as are/were in effect as of December, 2016 and would be prospectively continue to remain in effect from January 1st 20230 through December 31st, 20252 For such dental coverages offered through 2016, the Employee shall pay thirty (30%) percent toward the premium of Family Annual Dental Insurance and twenty- four (24%) percent toward the premium of Single Dental Insurance. The Employer shall pay the balance of the premium not paid by the employee. These percentages shall continue to remain in effect through December 31st, 20252. As rates and or plan changes become available, typically in the 4th Quarter of each year, the City shall attempt in good-faith to provide reasonable notice prior to any discontinuation, changes or possible supplementation of any coverages for Page 28 of 66 any prospective year. The Union shall also regularly communicate with City staff so as to also monitor possible benefit changes, their timelines and impacts. The City shall have the right to amend the coverage plans the City deems reasonably necessary to ensure plan or coverage continuity, but such changes may not materially alter the coverages offered nor the cost share allocations. ARTICLE XXVII. ON THE JOB INJURY 27.1 If temporary or permanent employees are not able to satisfactorily perform the duties of their position or such temporary duties as the Council may assign, due to bodily injuries incurred while on active duty for the City, they will be entitled to full base pay, less compensation received from any other source (including workers’ compensation and/or disability insurance payments) made available to the employee through a benefit provided all or in part of the City of Oak Park Heights, according to the following schedule: Up to twelve (12) months’ pay without loss to any accrued sick leave or vacation, provided the injury is of the nature which is covered by workers’ compensation. ARTICLE XXVIII. FAMILY AND MEDICAL LEAVE ACT 28.1 An employee must have been employed by the City for at least twelve (12) months and have worked at least one thousand two hundred fifty (1,250) hours in the twelve (12) months preceding the commencement of the leave. An eligible employee is entitled to twelve (12) weeks leave during any twelve (12) month period commencing with the first date family or medical leave is taken for the following reasons: A. Birth of a son or daughter or placement of a son or daughter for adoption or foster care. Such leave may be taken within twelve (12) months after birth or placement. There is no maximum age limit for adoption or foster care placement. B. To care for a spouse, son, daughter or parent who has a serious health condition. C. Because of the serious health condition making the employee unable to perform the essential functions of their positions. 28.2 Thirty (30) days written notice is required if the leave is foreseeable. Health Insurance coverage will be maintained at the same level and under the same terms as if the employee continued working. Arrangement for payment of the employee’s portion of the premium must be made by the employee through the personnel office. Family and medical leave may be taken in increments up to the full twelve (12) weeks and as small as one (1) hour depending on the Page 29 of 66 circumstances. Employees are eligible to draw down accumulated sick leave and vacation leave while on FMLA leave. Therefore, FMLA leave shall be without pay. Should there be a clear discrepancy between this provision and Federal or State Law, the Labor Agreement shall not take precedence. It is both the City and Employees responsibility to ensure compliance with all applicable laws. ARTICLE XXIX. EXTRA VACATION DAYS Any Employee that maintains a sick leave balance of 800 hours or above annually, as of January 1st, shall receive 16 additional hours of vacation to be used for that st year after January 1. This benefit shall only apply to Employees hired prior to st December 31, 2022. At any time should such benefit be determined as not permissible under Federal or State law or under a finding of an applicable court of law, the benefit shall cease and the City is not responsible for any supplemental or compensatory relief to the Employee. ARTICLE XXX. CLOTHING AND MAINTENANCE ALLOWANCE 30.1 The Employer agrees to provide the employees with an annual clothing and maintenance allowance (prorated monthly for separation calculation purposes) on a voucher system as follows: Chief of Police For the year 202317 - $12150 per year For the year 202418 - $12150 per year For the year 202519 - $12150 per year Sergeant For the year 202317 - $12050 per year For the year 202418 - $12050 per year For the year 202519 - $12050 per year Director of Public Works For the year 202317 - $10950 per year For the year 202418 - $10950 per year For the year 202519 - $10950 per year Finance Director For the year 2017 - $0 per year For the year 2018 - $0 per year For the year 2019 - $0 per year 30.2 Clothing damaged in the line of duty to be replaced by the Employer with no cost to the employee. ARTICLE XXXI. INCENTIVE PAY & EDUCATION PAY Page 30 of 66 31.1 The Employer agrees to pay incentive pay based upon longevity as per the following: Effective January 1, 1985 After four (4) years of service 3% of base salary per month After eight (8) years of service 5% of base salary per month After twelve (12) years of service 7% of base salary per month After sixteen (16) years of service 9% of base salary per month 31.2 Commencing in 2017, employees who have selected and are on Longevity Pay, may earn an additional one percent (1%) in base salary per month if they pass and maintain the qualifications for a wellness program as established by the Employer, which would include standardized fitness testing (using the APFT Standards) and application of related weight charts. Failure to meet or maintain any requirements set forth by the Employer shall result in revocation of the 1% additional pay for twelve (12) months unless the duration is shortened by the City. The City will permit the employee to exceed the weight requirements by not more than 5% but shall be required to exceed (perform better) each testing parameter by 5%. Any Longevity employee may additionally receive a 1% incentive for being a “non- smoking” use provision similar to non-longevity employees. Failure to comply with the “non-smoking” provision will result in the revocation of this additional 1% wage incentive. Unless agreed upon in writing by the Employer and Union, the benefits conveyed in this paragraph (31.2) shall automatically sunset and terminate after three (3) years, (12/31/2019). An employee on Incentive Pay is smoke/tobacco free, he/she is entitled to one percent (1%) of his/her base salary per month. If an employee uses tobacco, he/she shall lose the 1% incentive but shall also lose one percent (1%) of his/her salary per month for at least one month and continuing thereafter until the Employee provides written documentation to the City that they are smoke/tobacco free. Under all applicable circumstances, no Longevity based pay employee may receive greater than 10% Incentive Pay. Any future employees (not currently employed by the City as of 12/31/13) of the Supervisor’s Group must take Incentive Pay and Longevity pay will be discontinued and the elements of that provision shall be removed from this Agreement once all current Longevity employees are no longer employed with the City. 31.3 Educational Incentive: As an alternative to incentive pay based upon longevity and upon completion of six months of employment, the Employer agrees to pay educational incentive pay as per the following: Page 31 of 66 After one year of post-high school education - 2% of base salary per month After two years of post-high school education - 4% of base salary per month After three years of post-high school education - 6% of base salary per month After four years of post-high school education - 8% of base salary per month At such time as employee achieves fifty percent (50%) of the next year’s goal, the employee would be entitled to the next two percent (2%) of salary increase, i.e. the employee achieves one and one-half (1½) years of post-high school education and is therefore entitled to four percent (4%) of the salary per month. The Employer agrees to pay an additional incentive pay upon completion of six months of employment if the employee achieves one and/or any of the following: A. 2% for a Master’s degree; graduation from the FBI Academy; obtaining a CPA or CIA degree; a professional registered engineer. B. 1% for passing the qualifications for a wellness program as established by the City, which would include weight charts, annual physicals, no smoking, periodic medical tests, etc. C. 1% if an employee is smoke/tobacco free, he/she is entitled to one percent (1%) of his/her base salary per month. If an employee uses tobacco, he/she shall lose the 1% incentive but shall also lose one percent (1%) of his/her salary per month for at least one month and continuing thereafter until the Employee provides written documentation to the City that they are smoke/tobacco free. A maximum of ten percent (10%) additional pay may be earned through the Incentive or Longevity Pay or any combination thereof. Unless agreed to in writing by the City if an employee elects to receive educational incentive pay as set forth above, the election is irrevocable, and the employee would no longer be entitled to receive incentive pay based upon longevity as set forth in 31.1 above or its related elements. ARTICLE XXXIII. SAFETY The employee adheres to the principle that employees should work in a safe environment. Accordingly, each employee has an obligation to observe safe working practices and to alert his/her supervisor to the existence of specific safety hazards. ARTICLE XXXIV. WAIVER Page 32 of 66 34.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment to the extent are inconsistent with the 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 Employer and the Union each voluntarily and unqualifiable waive 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 and conditions may not have been within the knowledge or contemplation of either or both parties at the time this Agreement was negotiated or executed. ARTICLE XXXV. FALSE ARREST INSURANCE The Employer will provide and pay for false arrest insurance in a plan chosen and offered by the Employer. ARTICLE XXXVI. TEAMLEGAL DEFENSE PLAN The Employer will pay the cost of TeamLegal Defense Plan, up to $104 annually.. This cost is in the amount of eighty-seven dollars ($87) per year. ARTICLE XXXVII. PEACE OFFICER STANDARD TRAINING (P.O.S.T) The Employer will pay the cost of the P.O.S.T. license. ARTICLE XXXVII. DURATION & DOCUMENATION This Agreement shall be in effect from January 1, 20230 and shall remain in full st force and effect until the 31 day of December, 20252, or until a new contract is signed with the exclusive representative of the City of Oak Park Heights. The parties agree that the final Agreement document is jointly crafted and no party is singularly responsible for any error or omission and both parties have equal duty to ensure consistency between discussions and final Agreement. FOR THE CITY OF OAK PARK HEIGHTS:FOR TEAMSTERS LOCAL #320 MNPEA: __________________________ ____________________________ Mayor, Mary McComber Steward, Brian DeRosier Steve Hansen __________________________ ____________________________ City Administrator, Eric Johnson Business Agent Page 33 of 66 APPENDIX A – Base Salary Schedules 20230-20242 Teamsters - Supervisors * Appendix 1 - Annual Base Salaries 2023-2025 % Base Wage YearIncrease 20234.00% 20243.50% 20253.50% % change This Column from for Reference Previous Only Year Wages for Contract 2023 202270%80%90%100% Chief of Police$ 124,132.17$ 90,368.22$ 103,277.97 $ 116,187.71$ 129,097.46 4.00% Finance Director$ 116,186.38$ 84,583.68$ 96,667.07 $ 108,750.45$ 120,833.84 4.00% Director of Public Works$ 116,186.38$ 84,583.68$ 96,667.07 $ 108,750.45$ 120,833.84 4.00% Sergeants$ 101,929.04$ 74,204.34$ 84,804.96 $ 95,405.58$ 106,006.20 4.00% 2024 202370%80%90%100% Chief of Police$ 129,097.46$ 93,531.11$ 106,892.69 $ 120,254.28$ 133,615.87 3.50% Finance Director$ 120,833.84$ 87,544.11$ 100,050.42 $ 112,556.72$ 125,063.02 3.50% Director of Public Works$ 120,833.84$ 87,544.11$ 100,050.42 $ 112,556.72$ 125,063.02 3.50% Sergeants$ 106,006.20$ 76,801.49$ 87,773.13 $ 98,744.78$ 109,716.42 3.50% 2025 70%80%90%100% 2024 Chief of Police$ 133,615.87$ 96,804.70$ 110,633.94 $ 124,463.18$ 138,292.42 3.50% Finance Director$ 125,063.02$ 90,608.16$ 103,552.18 $ 116,496.20$ 129,440.23 3.50% Director of Public Works$ 125,063.02$ 90,608.16$ 103,552.18 $ 116,496.20$ 129,440.23 3.50% Sergeants$ 109,716.42$ 79,489.55$ 90,845.19 $ 102,200.84$ 113,556.49 3.50% * The Agreement Specifies a 4.5%, 3.5% and 3.5% Annual Salary Increases For the Three Years - respective Any errors will be adjusted to comply with such terms. Page 34 of 66 Teamsters - Supervisors * Appendix 1 - Annual Base Salaries 2020-2022 % Base Wage YearIncrease 20203.00% 20213.00% 20223.00% % change This Column from for Reference Previous Only Year Wages for Contract 2020 201970%80%90%100% Chief of Police$ 113,598.52$ 81,904.53$ 93,605.18 $ 105,305.83$ 117,006.48 3.00% Finance Director$ 106,327.00$ 76,661.77$ 87,613.45 $ 98,565.13$ 109,516.81 3.00% Director of Public Works$ 106,327.00$ 76,661.77$ 87,613.45 $ 98,565.13$ 109,516.81 3.00% Sergeants$ 93,279.51$ 67,254.53$ 76,862.32 $ 86,470.11$ 96,077.90 3.00% 2021 70%80%90%100% 2020 Chief of Police$ 117,006.48$ 84,361.67$ 96,413.34 $ 108,465.00$ 120,516.67 3.00% Finance Director$ 109,516.81$ 78,961.62$ 90,241.85 $ 101,522.08$ 112,802.31 3.00% Director of Public Works$ 109,516.81$ 78,961.62$ 90,241.85 $ 101,522.08$ 112,802.31 3.00% Sergeants$ 96,077.90$ 69,272.16$ 79,168.19 $ 89,064.21$ 98,960.23 3.00% 2022 202170%80%90%100% Chief of Police$ 120,516.67$ 86,892.52$ 99,305.74 $ 111,718.95$ 124,132.17 3.00% Finance Director$ 112,802.31$ 81,330.47$ 92,949.11 $ 104,567.75$ 116,186.38 3.00% Director of Public Works$ 112,802.31$ 81,330.47$ 92,949.11 $ 104,567.75$ 116,186.38 3.00% Sergeants$ 98,960.23$ 71,350.33$ 81,543.23 $ 91,736.14$ 101,929.04 3.00% * The Agreement Specifies a 3.0% Annual Salary Increases For the Three Years - respectively AND Any errors will be adjusted to comply with such terms. Page 35 of 66 APPENDIX B – Health Care Agreement 2020-2022 1. For the 2023-2025 Agreement, the City and Union agree that the Deductible Benefit Contribution with the now established total annual amounts of $1,800 for Single and $600 for Family shall be amended to $1,900 and $700 respectively. See paragraph 4.C. of 2017-2019 Health Care Agreement. 2. Except for the change in item #1 above relating to Deductible Benefit Contribution, for the 2023-2025 Agreement, all other the terms and elements of the 2017-2019 Health Care Agreement remain in place until amended. For the 2020-2022 Agreement, the terms and elements of the 2017-2019 Health Care Agreement remains in place until amended. 3. The following paragraph is limited to an “understanding” between the City and the Union; and for both parties to endeavor to make a good-faith effort to explore health care alternatives. Neither party is compelled to take any specific action at the conclusion of any discussions should they commence. The City and Unions are compelled to retain the current policies and cost divisions until such time as the parties agree otherwise. However, due to continued cost increases to both the City and Union Members, the parties shall collectively meet over the course of 20230 to explore further options for health care savings opportunities for 20231 and beyond. The objective is to determine if the parties are able to discover and enable alternative policies or programs to its employees and members that results in retaining quality coverages and yielding a reasonable cost savings to both parties. All discussions are non-binding in nature until all parties agree in writing to terms determined to be acceptable. Page 36 of 66 Page 37 of 66 Page 38 of 66 Page 39 of 66 Page 40 of 66 Page 41 of 66 Page 42 of 66 Oak Park Heights Request for Council Action th, Meeting Date April 252023 Time Required: 3 Minutes _____________________ th Agenda Item Title: 4 – Way Stop Sign Request – 55St &Omar Ave. Agenda Placement New Business Originating Department/Requestor Eric Johnson, City Administrator Requester’s Signature: Action Requested Discussion, Possible Action th The City received inquiries from residents on 55Streetand Omar Av.(near Brekke Park) as the possibility of installing a 4-WAY STOP sign. Currently there are only STOP SIGN for the North- South Traffic. The maps shows – RED DOT the current stop signs.. the BLUE DOTS w/X would be the proposed.Enclosed are the inquires. Permanent STOP SIGNS are permitted only by City Council Resolution. REQUESTED ACTION: Directthe Chief of Police to review the request and respond back to Council in May with a recommendation. Page 43 of 66 Page 44 of 66 Oak Park Heights Request for Council Action th, Meeting Date April 252023 Time Required: 10 Minutes _____________________ th Agenda Item Title: 58Street Extension – Washington County Hwy Project. Agenda Placement New Business Originating Department/Requestor Council Member Mike Runk Requester’s Signature: ___________________________________________________ Action Requested Discussion, Possible Action I would like the Council discuss the received letter from County Commissioner Gary Kriesel and the related th matters of 58 Street and STW. Blvd. See letter enclosed received on 4/20/23 Page 45 of 66 Page 46 of 66 Page 47 of 66 Page 48 of 66 Oak Park Heights Request for Council Action th, Meeting Date April 252023 Time Required: 1 Minute _____________________ Agenda Item Title: Roundabout Signage – Norell Ave Agenda Placement New Business Originating Department/Requestor Council Member Mike Runk Requester’s Signature: ___________________________________________________ Action Requested Discussion, Possible Action I would like the Council discuss this topic once again – enclosed is the Staff memo from June 2022. Page 49 of 66 City of Oak Park Heights 14168 Oak Park Blvd. N Oak Park Heights, MN 55082 Phone (651) 439-4439 Fax (651) 439-0574 6/30/22 MEMO TO: Mayor and City Council Members FROM: Eric Johnson, City Administrator RE: Norell Ave. Roundabout Signage The Council inquired about the costs associated with the installation of a MONUMENT sign intheroundabout at Norell Ave. As signage,costs can vary widely. Perhapsit is best just to review the following: We know: 1.The diameter of the roundabout is approximately50+ feet – so likely large enough to accommodatemany options.See scaled drawing. 2.There is NOT power planned at this time to be stubbed into the roundabout at this time; I have reached out to STANTEC to secure a cost for extendingpowerand /or to install conduit for a later pull.At this time I presume it can be connected to a current meter avoiding any new monthly charges for that. 3.The current plan calls for the area to begrassturf – as that is easy maintenance and wouldbe adaptable to many options – versus concrete. 4.The 2018/19 cost for the stonealong STH 36 was $6,481.06 from Rivard Stone.Some of these costs are subjective based on the size of thestone. 5.Bell’s Trucking did move and “set” the stone for the City is such weight is into the TONSwas $5,000. 6.The City public works crew did fabricatea large base with an on-site onsideringthis additionalbase material and staff time, etc. ALL IN totalcosts were in approaching concrete pour once.C $14,000+/-. 7.As this site is a bit more inthe openand closer to traffic, it may require some additional landscaping for aesthetic “framing” such sign – or any sign.This should be low maintenance - such as in the small round-abouts at City Hall. 8.Maybe there are other sign options?In 2018, the City did hire Impression Signs to provide some options – these are enclosed.Costs of these varygreatlywith materials and installation scope. Page 50 of 66 Page 51 of 66 Page 52 of 66 Oak Park Heights Request for Council Action th, Meeting Date April 252023 Time Required: 3 Minutes _____________________ Agenda Item Title:Initiate a Hiring Process for City Administrator Agenda Placement New Business Originating Department/Requestor Eric Johnson, City Administrator Requester’s Signature: Action Requested Discussion, Possible Action The City Administrator hasprovided notice that he is leavingemployment with the City withis th planned last day being Sept 5, 2023 Giventhetimelines for these transitions can be challenging,the Council should consider adding this topic to itsplanned workshop slated for th May 9. AsI personally should not be too intimately involved, I have provided a short listing of some things to consider and process expectations. Possibleactions in the interim could be – but not required…just to get the ball rolling: 1.Request the City Attorney to solicit for Recruitment Services – Secure Quotes – to be th reviewed on May 9. 2.Appoint a City AdministratorHiring Committee – Council, Staff, Consultants? Page 53 of 66 Page 54 of 66 Oak Park Heights Request for Council Action th, Meeting Date April 25 2023 Time Required: 3 Minutes _____________________ Agenda Item Title: Discuss - NO MOW MAY Agenda Placement New Business Originating Department/Requestor: Mary McComber, Mayor Requester’s Signature: Action Requested Discussion, Possible Action I would like the Council discuss City participation in the recent movement known as “NO MOW MAY” some information from the University is attached; as well as a listing of other participating Minnesota cities. 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