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06-07-22 City Council Agenda Addendum - Item 3D7 - 2022-2024 Police Assistant Chiefs Agreement - LELS Local 485 LABOR AGREEMENT BETWEEN THE CITY OF GOLDEN VALLEY AND LAW ENFORCEMENT LABOR SERVICES, INC. REPRESENTING: Local # 485: ASSISTANT POLICE CHIEFS January 1, 2022 through December 31, 2024 1 Contents DEFINITIONS .................................................................................................................................................. 2 ARTICLE 1. PURPOSE OF AGREEMENT .......................................................................................................... 2 ARTICLE 2. RECOGNITION ............................................................................................................................. 2 ARTICLE 3. EMPLOYER AUTHORITY ............................................................................................................... 3 ARTICLE 4. UNION SECURITY ......................................................................................................................... 3 ARTICLE 5. EMPLOYER SECURITY .................................................................................................................. 4 ARTICLE 6. EQUAL APPLICATION ................................................................................................................... 4 ARTICLE 7. SAVINGS ...................................................................................................................................... 5 ARTICLE 8. GRIEVANCE PROCEDURE ............................................................................................................. 5 ARTICLE 9. SAFETY ......................................................................................................................................... 7 ARTICLE 10. SENIORITY AND TIME IN GRADE ............................................................................................... 7 ARTICLE 11. DISCIPLINE ................................................................................................................................. 8 ARTICLE 12. WORK SCHEDULES .................................................................................................................... 9 ARTICLE 13. COURT APPEARANCE ................................................................................................................ 9 ARTICLE 14. SICK LEAVE ................................................................................................................................ 9 ARTICLE 15. FUNERAL LEAVE ...................................................................................................................... 10 ARTICLE 16. TERMINATION PAY .................................................................................................................. 10 ARTICLE 17. LEAVES OF ABSENCE ............................................................................................................... 10 ARTICLE 18. VACATION LEAVE .................................................................................................................... 11 ARTICLE 19. HOLIDAYS ................................................................................................................................ 12 ARTICLE 20. PAID-TIME OFF (PTO) .............................................................................................................. 12 ARTICLE 21. INJURY ON DUTY ..................................................................................................................... 13 ARTICLE 22. ADMINISTRATIVE LEAVE / LIGHT DUTY .................................................................................. 13 ARTICLE 23. PERSONAL LIABILITY INSURANCE ............................................................................................ 14 ARTICLE 24. EDUCATIONAL REIMBURSEMENT ........................................................................................... 14 ARTICLE 25. TRAINING ................................................................................................................................ 14 ARTICLE 26. SALARIES AND BENEFITS ........................................................................................................ 14 ARTICLE 27. DURATION ............................................................................................................................... 15 2 LABOR AGREEMENT ASSISTANT POLICE CHIEFS 2022-2024 This Agreement dated June 7, 2022, is made and entered into by and between the City of Golden Valley, hereinafter referred to as the Employer and Law Enforcement Labor Services, Local #485, representing the Golden Valley Assistant Police Chiefs, hereinafter referred to as the Union. DEFINITIONS For the purpose of this Agreement, the following terms and phrases shall have the meaning given to them: EMPLOYER: City of Golden Valley or its Representatives UNION: Law Enforcement Labor Services Local (LELS) EMPLOYEE: A member of the exclusively recognized bargaining unit OFFICER: Officer elected or appointed by the Union. MEMBER: A member of the LELS Local 485 to which this contract applies. DAY: One eight-hour period, unless otherwise specified ARTICLE 1. PURPOSE OF AGREEMENT This Agreement has as its purpose the promotion of harmonious relations between the Employer, its Employees and the Union, the furtherance of efficient governmental services; the establishment of an equitable and peaceful procedure for the resolution of disputes that may arise without interference or disruption of efficient operation of the department; and the establishment of a formal understanding relative to all terms and conditions of employment. The Employer and the Union, through this Agreement, continue their dedication to the highest quality of public service. Both parties recognize this Agreement is a pledge of this dedication. ARTICLE 2. RECOGNITION Section 1. The Employer recognizes the Union as the exclusive representative under Minn. Stat. 179A.03, subd. 8, for employees of the Golden Valley bargaining unit identified by the Bureau of Mediation Services, Certification Unit Determination Order dated September 10, 2021, Case No. 22PCE0331 and described as: • All licensed peace officers in the position of Assistant Chief of the Golden Valley Police Department, Golden Valley, Minnesota, who are public employees within the meaning of Minn. Stat. 179A.03, subd. 14, excluding supervisory and confidential employees. Section 2. In the event that 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 for determination. 3 ARTICLE 3. EMPLOYER AUTHORITY Section 1. The Union and Employer recognize and accept that the management, direction and control of the Police Department and its personnel are exclusively the function of the Employer. The exercise of the City's management rights shall take place "without hindrance or interference by the Union", except as limited by the terms of this Agreement. The City's management rights include, but shall under no circumstances be construed to be limited to, the right to: a. Manage the operation through the selection and direction of the work force, including the right to hire and promote, transfer Employees to positions, departments and classifications both covered and not covered by this Agreement, except that no Employee shall be transferred out of the Bargaining Unit as a disciplinary action. b. Lay off Employees c. Demote, suspend, discipline or discharge Employees d. Make such operating changes as deemed necessary by the Employer for the efficient, economical operation of the City, including but not limited to the right to sub-contract work performed by members of the Bargaining Unit, to change the normal work week, the length of the normal workday, hours of work, the beginning or ending time of each shift or assignment and the number of shifts to be operated. e. Determine the organizational structure, number of personnel and the assignment of duties, including the right to increase, decrease or change duties. f. Establish functions, programs, its overall budget, and the utilization of technology. g. Promulgate work rules, policies, and regulations. Section 2. Any specifically enumerated management right not limited by the terms of this Agreement shall not be eligible to be grieved by the Union. Section 3. Any terms and conditions of employment not specifically established or modified by this Agreement shall remain solely with the discretion of the Employer to modify, establish, or eliminate. ARTICLE 4. UNION SECURITY Section 1. A. The Employer agrees to cooperate with the Union in the deduction of regular monthly dues, for those Employees who request in writing to have regular monthly Union dues 4 checked off by payroll deduction. The Employer agrees to remit such regular monthly dues in a manner to be determined by the Union and Employer. B. 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 paragraph A of this Section. Section 2. The Union may designate members to act as stewards or officers and shall inform the Employer of such choice and of any changes in stewards or officers in writing. Section 3. The Employer agrees to make space available on the Employer bulletin board for the posting of Union notice(s) and announcements and to make space available for Union meetings when it does not conflict with the operation of the department. Section 4. The Employer agrees to allow the officers and representatives of the Bargaining Unit reasonable time off and leaves of absence, with prior approval and without pay for the purpose of conducting Union business when such time would not be detrimental to the work programs of the Employer. Section 5. The Employer agrees to electronically disseminate all promotional opportunities within the Bargaining Unit; to publish the method by which promotions shall be made within the Bargaining Unit; and to make copies of all work rules and regulations available to Employees. ARTICLE 5. EMPLOYER SECURITY Section 1. Neither the Union, its officers, or agents, nor any of the Employees covered by this Agreement will engage in, encourage, sanction, support or suggest any strike, slowdown, mass resignations, mass absenteeism, the willful absence from one's position, stoppage of work or the absence in whole or part of the full, faithful and proper performance of duties of employment for the purpose of inducing, influencing, or coercing a change in the conditions, compensation or the rights, privileges or obligations of employment. Section 2. Any Employee who engages in a strike may have their appointment terminated by the Employer effective the date the violation first occurs. Such termination shall be effective upon written notice served upon the Employee. ARTICLE 6. EQUAL APPLICATION Section 1. The provisions of this Agreement shall be applied equally to all Employees in the Bargaining Unit without discrimination as to race, color, creed, sex, national origin, religion, political affiliation, or marital status. The Union and the Employees covered by this Agreement shall share equally with the Employer the responsibilities established by this Article. Section 2. The Employer shall not discriminate against, interfere with, restrain, or coerce an Employee from exercising the right to join or not to join the Union or participate in an 5 official capacity on behalf of the Union, which is in accordance with the provisions of this Agreement. The Union shall not discriminate against, interfere with, restrain, or coerce an Employee from exercising the right to join or not to join the Union and will not discriminate against any Employee in the administration of the Agreement because of non-membership in the Union. Section 3. The Union accepts its responsibilities as exclusive representative and agrees to represent all Employees in the Bargaining Unit without discrimination. ARTICLE 7. SAVINGS Section 1. This Agreement is subject to the laws of the United States and the State of Minnesota. Section 2. In the event that any provision of this Agreement is held to the contrary of law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provisions may be renegotiated upon written request of either party. ARTICLE 8. GRIEVANCE PROCEDURE Section 1. A. For the purpose of this Agreement, the term "grievance" means any disputes arising concerning the interpretation or application of the express provisions of this Agreement. B. In the event of such grievance arising there shall be no suspension of operations but an earnest effort shall be made to resolve such grievances in the manner prescribed by this Agreement. C. It is recognized and accepted by the Union and the Employer that the processing of grievances, as herein provided, is limited by the job duties and responsibilities of the Employee and shall therefore be accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and the 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 prior approval from the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. Section 2. Grievances, as defined by Section 1, shall be resolved in conformance with the following procedure and all references to days in Steps 1-4 are calendar days: Step 1. An Employee who feels that the City has misinterpreted or misapplied any section of the Agreement in dealing with that Employee, should discuss their claim with the Employee's immediate supervisor. This shall be done within fourteen (14) calendar days from the occurrence of the believed violation or 6 from when the Employee became aware of it. The Employee shall submit the grievance in writing to the supervisor at the time of the discussion with the supervisor. The supervisor shall respond, in writing, within ten (10) days from the date the grievance sheet was received. Every effort shall be made to settle the grievance at this step. Nothing shall prevent an Employee from seeking guidance from the Union at this step. Step 2. If the dispute is not solved at Step 1 between the Employee and the supervisor, then the Employee should meet with the Union and the dispute should be put in writing, stating the nature of the grievance, the name or names of the Employees involved, the provisions of the Agreement believed violated and the remedy requested. This shall be submitted to the Employer-designated Step 2 Representative within ten (10) calendar days of the Step 1 written response. The Step 2 Representative shall render an answer, in writing, within ten (10) days of the receipt of the Step 2 submittal and the answer shall be transmitted to the Employee and the Union. Step 3. If the dispute is not solved by the Step 2 process, the written grievance with the information required in Step 2, shall be presented to the Employer-designated Step 3 Representative. This shall be submitted within ten (10) days of receipt of the Step 2 answer. The Step 3 Employer-designated Representative shall render a written answer within ten (10) days from receipt of the Step 3 grievance and the answer shall be transmitted to the Employee and the Union. Where no Employer Step 3 Representative is appointed, the grievance shall progress from Step 3 to Step 4. Step 4. A grievance unresolved in Step 3 may be appealed by the Employee and the Union to Step 4. Notification of intent to appeal to Step 4 shall be made within ten (10) days of receipt of Employer's Step 3 answer. The Union shall notify the Bureau of Mediation Services within ten (10) calendar days of the notice of appeal to the Employer that the Union is submitting the matter to mediation. The Union or the Employer may elect to participate in mediation prior to arbitration. Step 5. A grievance unresolved in Step 4 through mediation may be appealed by the Employee and THE UNION to Step 5. Notification of intent to appeal to Step 5 and filing for arbitration shall be made within ten (10) days of the conclusion of mediation. The selection of an arbitrator shall be made in accordance with the rules and regulations as established by the Bureau of Mediation Services or applicable law. Section 3. A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from, the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. 7 B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator’s decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The arbitrator shall consider and decide only the specific issue or issues submitted to him by the parties of this Agreement and shall have no authority to make a decision on any other matter not submitted to him, and the decision shall be binding on both the Employer and the Union. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating their own representative and witnesses. If either party desires a verbatim record of the proceedings, they may cause such a record to be made providing they pay for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. Section 4. 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 specific time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Union in each step. Section 5. Choice of Remedy. If, as a result of the written Employer response in Step 2, the grievance remains unresolved, the grievance may be appealed either to Step 3 of Article 8 or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 3 of Article 8 the grievance is not subject to the arbitration procedure as provided in Step 5 of Article 8. The aggrieved Employee shall indicate in writing which procedure is to be utilized - Step 3 of Article 8 or another appeal procedure - and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved Employee from making a subsequent appeal through Step 5 of Article 8. ARTICLE 9. SAFETY The Employer and Union agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to encourage Employees to work in a safe manner. ARTICLE 10. SENIORITY AND TIME IN GRADE Section 1. Definition. Seniority shall mean an Employee's length of services as a licensed police officer with the Department since their last date of hire. An Employee's continuous service record shall be broken only by separation from service by reasons of resignation, discharge for cause, retirement, death or leave of absence without pay. When two or 8 more Employees have the same seniority date, their position on the seniority list shall be determined by a coin toss. Time in grade shall mean an Employee's length of service in his or her current rank with the department since their last date of promotion. Time in grade may only be broken by the same acts as defined above for seniority. When two or more Employees have the same time in grade list, their position on the time in grade list shall be determined by a coin toss. . Section 2. Lay Offs. When a reduction in the work force becomes necessary, the Employee with the least seniority shall be laid off first. The last Employee laid off shall be the first to be recalled for work. No new Employees shall be hired until the lay-off list has been exhausted. If a reduction in the number of assistant police chief becomes necessary, the Assistant Police Chief with the least time in grade shall be permitted to move to a sworn position of lesser rank. Section 3. Probationary Employees. During the probationary period, a newly hired or rehired Employee may be discharged at the sole discretion of the Employer. During the probationary period, a promoted Employee shall be returned to their previous position if the promoted employee fails to complete the probationary period with satisfactory performance, at the sole discretion of the Employer. The probationary period shall be one (1) year for promoted Employees and one (1) year for new Employees from date of hire. ARTICLE 11. DISCIPLINE Section 1. The Employer will discipline for cause only. Discipline will be one or more of the following forms: a. oral reprimand b. written reprimand c. suspension d. demotion, or e. discharge Section 2. An Employee who is to be suspended, demoted, or discharged, shall receive a written statement of cause of the suspension, demotion, or discharge within 72 hours after the action has been taken. Suspension will set forth the time period for which the suspension shall be effective. Demotions will state the classification to which the Employee is demoted. The Union shall be provided with a copy of such notice. Section 3. Written reprimands, notices of suspension or demotion 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. Such signature shall not be an admission of guilt but only an acknowledgment of receipt and the Employee shall have the opportunity to attach a response to the reprimand or notice to the copy in the Employee's personnel file. The Employee will receive a copy of such reprimands and/or notices. 9 Section 4. Employees shall have the opportunity to request to have a representative present when a Garrity Warning is given prior to being questioned regarding a possible disciplinary action. Section 5. Employees may not be suspended without pay for more than sixty (60) working days in any calendar year. Discharges will be preceded by a five (5) calendar day suspension without pay. Section 6. Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer. Union representatives may, upon invitation of the Employee, also examine the personnel files. Section 7. Grievances relating to this Article may be initiated by the Union in Step 3 of the grievance procedure. ARTICLE 12. WORK SCHEDULES Section 1. Sole authority in establishing work schedules is the Employer. The normal work year shall consist of 2,080 hours to be accounted for by each Employee through schedule of hours worked, holidays, roll call, training, vacations or paid time off (PTO). 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. Section 2. Changes in the format of duty schedules shall be posted two weeks in advance. ARTICLE 13. COURT APPEARANCE The City shall make reimbursements for necessary parking fees incurred when appearances in court are required. ARTICLE 14. SICK LEAVE Each permanent full-time Employee shall be granted eight (8) hours sick leave with pay for each month of full-time employment and will be allowed to accrue credit for earned sick leave to a total of eight hundred (800) hours. For every day of sick leave an Employee earns after he/she has accumulated eight hundred hours, he/she will be given credit for four (4) hours additional vacation and four (4) hours of pay, computed at the end of each year. Sick leave shall not be considered as a privilege which an Employee may use at his/her discretion but shall be allowed in the case of actual illness, legal quarantine, or disability of the Employee, or because of death or critical illness in his/her immediate family, or to receive dental or medical care or other sickness preventative measures. Employees claiming sick leave may be required to file competent written evidence that he/she has been absent as authorized above, that he/she has been under treatment and supervision of a doctor or dentist who recommended work not be performed. If Employee has been incapacitated for the period of his/her absence or a major part thereof, he/she may be required to provide evidence that he/she is again physically able to perform his/her duties. Sick leave shall be computed on a working day basis when used. 10 Sick leave is intended as a benefit primarily to the Employee himself/herself and as a protection or insurance of earning power. While it is permitted due to death or critical illness in the immediate family, it is intended to be available on a restricted basis and in limited amounts for this purpose. For discretionary attendance on family illness or medical needs, vacation or leave of absence should be used. All provisions and definitions of the Family and Medical Leave Act are incorporated into this sick leave provision. Employees hired under the PTO plan are subject to the provisions under Article 19. ARTICLE 15. FUNERAL LEAVE Up to five days leave with pay without deduction from sick leave or PTO shall be granted to death of spouse, domestic partner, child, or stepchild. Up to three days sick leave or PTO where applicable shall be granted for death in the immediate family or person residing as a member of the employee's immediate household and up to one day in the case of death in the next degree of kindred. Immediate family includes any person having the following relationship to an employee or a living or deceased spouse or domestic partner: • parent • mother-in-law/father-in-law • sister/brother • sister-in-law/brother-in-law • son-in-law/daughter-in-law • grandparents • grandparents-in-law • grandchildren • stepparents and legal guardians ARTICLE 16. TERMINATION PAY Section 1. Termination removes job rights and benefits and rehire status benefits as with a new Employee. Employees who have been laid off, retired, or who otherwise leave the City in good standing shall be eligible for termination pay as follows: • Employees who accrue sick and vacation leave are eligible for payout of 100% of their accrued unused vacation time and 1/3 of their accrued unused sick time. • Employees who accrue PTO are eligible for payout of 100% of accrued unused PTO. All termination pay outs are subject to the terms and conditions of the post-employment healthcare savings plan. After 10 years of service or PERA certifiable disability that results in termination of employment, Employees shall receive 1 day of pay for each full year of service to the City. In the event of death, payment shall be made to the Employee’s survivor. ARTICLE 17. LEAVES OF ABSENCE Section 1. Jury Duty. Employees called for jury duty shall suffer no loss in their normal salary. Employees claiming jury duty pay shall sign over all jury duty fees to the Employer. 11 Section 2. Military Service. Employees serving in the military shall suffer no loss in their normal salary to the extent provided by Minnesota Law or Federal Law. Section 3. Illness or Injury. A leave of absence without pay may be granted by the City Manager for up to 90 days for extended illness or personal hardship if such absence would not be detrimental to the Employer's work program. The Employee shall not be entitled to accrue leave or seniority while on a leave of absence without pay granted pursuant to this section. Section 4. Pregnancy and Parenting Leave. Employees shall be eligible for pregnancy and parenting leave granted in the Employee Handbook (See Time Away from Work Section of Employee Handbook). The City shall not reduce the amount of leave available to employees under this section without agreement of the parties. Section 5. Military. Employees shall be granted unpaid military leaves consistent with applicable Minnesota Statutes. Requests shall be made in writing to the City Manager. ARTICLE 18. VACATION LEAVE Section 1. Employees hired prior to January 1, 2009 shall be entitled to a paid vacation based upon service in the prior years. Annual leave shall be earned as follows: Vacation Accrual Schedule: Public Safety Employee Years of Service Vacation Accrual per Pay Period Vacation Time per Year Maximum Vacation Accrual Date of Hire until completion of 5 years 6.77 hours 10 days (2 weeks) 168 hours Over 5 years until completion of 10 years 8.31 hours 15 days (3 weeks) 248 hours Over 11 years 8.62 hours 16 days 264 hours Over 12 years 8.92 hours 17 days 280 hours Over 13 years 9.23 hours 18 days 296 hours Over 14 years 9.54 hours 19 days 312 hours Over 15 years 9.85 hours 20 weeks 328 hours Over 16 years 10.15 hours 21 days 344 hours Over 17 years 10.46 hours 22 days 360 hours Over 18 years 10.77 hours 23 days 376 hours Over 19 years 11.08 hours 24 days 392 hours Over 20 years and above 11.39 hours 25 days (5 weeks) 408 hours Section 2. Vacations will, so far as possible, be granted at times most desired by the Employee except that the Employer shall have the final right to allot vacations in order to ensure the orderly operation of the City. Section 3. Employees shall be permitted to carry-over two (2) times their current accumulation from one calendar year to the next. Section 4. Employees hired under the PTO plan are subject to the provisions under Article 20. Section 5. Employees who are not on the PTO plan and who have a balance of over 800 hours of sick leave may elect to receive a cash payout of vacation hours accrued equal to the number of sick hours the Employee sells back, provided the employee’s completed cash 12 out election form is submitted to the City on or before December 1 of the prior calendar year. Employees will be paid the amount of vacation they have elected to convert to a cash payment mid-December of the year in which it is accrued, provided that they have accrued over 800 hours of sick leave and sufficient vacation hours to satisfy the election. If the Employee has not accrued sufficient sick leave to satisfy the full amount of the election, the City will pay out the amount of accrued vacation available. An Employee’s election is irrevocable. ARTICLE 19. HOLIDAYS Employee’s work schedules may be made without regard for weekends and holidays. In view of this fact, each Employee is granted twelve (12) days of leave (with one of those days as an unnamed floating holiday) each year in lieu of holidays. Holiday leave is added to vacation leave or PTO leave on a pro rata basis each pay period and shall be credited whether or not the Employee is scheduled to work on a holiday. These days must be taken during the year earned, except one (1) holiday may be carried over to the following year. Arrangements for taking vacation or PTO time must be arranged in advance with the supervisor in charge of the work schedule. Should the City approve the addition of any additional holidays for any Employee, the City shall increase the granted number of holidays to Employees covered by this Agreement simultaneously. ARTICLE 20. PAID-TIME OFF (PTO) Section 1. Employees hired after December 31, 2008, shall participate in the City's PTO plan and shall have all of the rights and benefits granted in the Employee Handbook. PTO shall be earned as follows: PTO Accrual Schedule: Public Safety Employee Years of Service Number of 8- Hour Days PTO Hours Per Pay Period Holiday Hours Accrued Per Pay Period PTO + Holiday Total Hours Accrued Per Pay Period Maximum Accrual in Hours Required Accrual Balance for PTO Payout 0-5 17 5.23 3.69 8.92 348 232 Over 5 22 6.77 3.69 10.46 408 272 Over 11 23 7.08 3.69 10.77 420 280 Over 12 24 7.38 3.69 11.07 432 288 Over 13 25 7.69 3.69 11.38 444 296 Over 14 26 8.00 3.69 11.69 456 304 Over 15 27 8.31 3.69 12.00 468 312 Over 16 28 8.62 3.69 12.31 480 320 Over 17 29 8.92 3.69 12.61 492 328 Over 18 30 9.23 3.69 12.92 504 336 Over 19 31 9.54 3.69 13.23 516 344 Over 20 32 9.85 3.69 13.54 528 352 13 Section 2. PTO will, so far as possible, be granted at times most desired by the Employee except that the Employer shall have the final right to allot paid time off in order to ensure the orderly operation of the City. Section 3. Employees may elect to receive a cash payout of up to 48 hours of accrued PTO, provided the Employee’s PTO balance exceeds the minimum balance for PTO payout shown in the table above, and the Employee’s completed election form is submitted to the City on or before December 1 of the prior calendar year. Employees will be paid the amount of PTO they elected to convert to a cash payment on or near December 15 of the payout year. An Employee’s election is irrevocable, and final approval of the cash payout will occur in the calendar year of the payout. ARTICLE 21. INJURY ON DUTY Employees injured during the performance of their duties for the Employer and thereby rendered unable to work for the Employer will be paid the difference between the Employer's regular pay and Worker's Compensation insurance payments for a period not to exceed one hundred twenty (120) working days per injury, not charged to the Employee's vacation, sick leave, PTO or other accumulated paid benefits, after a three (3) working days initial waiting period per injury. The three (3) working days waiting period shall be charged to the Employee's sick leave or PTO account less Worker's Compensation insurance payments. ARTICLE 22. ADMINISTRATIVE LEAVE / LIGHT DUTY The City recognizes that from time to time, as a result of traumatic incidents happening on the job, Employees may experience stress reactions or other emotional problems that impact their ability to work efficiently and effectively. In light of the foregoing, the City's decision to grant administrative leave or light duty will be based on the following criteria: 1. That the Employee is referred to a psychologist or other qualified mental health professional by the Police Chief. Self-referral with the concurrence of the department head will be deemed to be referral by the City. 2. The cost of any evaluation recommended by the Department will be borne by the City and the time spent by the Employee undergoing the evaluation will be considered duty time. 3. Administrative leave/light duty shall be granted based on the recommendation of the Evaluator and a finding that the need for administrative leave/light duty is reasonably related to an incident occurring in the course and scope of the Employee’s employment with the City. 4. The Police Chief will be advised of all findings and recommendations of the Evaluator, excluding any background material that led to the finding and recommendation. 5. Any administrative leave/light duty granted will be for the purpose of obtaining treatment and/or counseling or participating in other activities prescribed by medical/mental health Evaluator. 14 6. Light duty or other assignment, consistent with medical recommendations may be granted. Persons on special assignment or light duty shall not be eligible for any special assignment pay unless they were so assigned at the time administrative leave or light duty was granted. 7. Treatment for drug and alcohol rehabilitation is specifically excluded from consideration for administrative leave. ARTICLE 23. PERSONAL LIABILITY INSURANCE The City will maintain current personal injury liability insurance coverage throughout the duration of the contract. The Employer shall furnish legal counsel to defend any police officer in all actions brought against such officer to recover damages for alleged false arrest or alleged injury to person, property, or character, when such alleged false arrest or alleged injury to person, property, or character was the result of an arrest made by such officer in good faith and in the performance of his or her official duties and pay reasonable costs and expenses of defending such suit, including witness fees and reasonable counsel fees. ARTICLE 24. EDUCATIONAL REIMBURSEMENT The City will reimburse 100% of the Employee expenses per calendar year, up to the non-taxable IRS maximum, for tuition, fees, and books required for job-related-educational courses upon completion of the course provided that: 1. The course has received prior approval of the Employee's department head and the City Manager. 2. The Employee attains a passing grade or, if the course is not graded, the Employee satisfactorily completes the course. 3. The Employee's attendance at course sessions is satisfactory. 4. No other reimbursement is claimed or applied for from another agency or source. ARTICLE 25. TRAINING The City will provide training to meet Post Board Certification standards and will pay for ongoing Post Board licenses required of each Assistant Police Chief. ARTICLE 26. SALARIES AND BENEFITS Salary Effective April 25, 2022, the Assistant Police Chief classification pay grade shall be increased to Grade 18. Step increases shall occur on the date of the Employee’s service anniversary in accordance with established City policies. Wage rates are as follows: 1 2 3 4 5 6 7 $52.58/hr ($4,206.40 bi weekly) $55.16/hr ($4,412.80 bi weekly) $57.86/hr ($4,628.80 bi weekly) $60.70/hr ($4,856 bi weekly) $63.67/hr ($5,093.60 bi weekly) $66.79/hr ($5,343.20 bi weekly) $70.06/hr ($5,604.80 bi weekly) 15 Effective January 1, 2023, wages shall be increased by a minimum 2% COLA increase, which may be adjusted higher at the City’s discretion based on the City’s 2023 Budget. Employees shall receive the same 2023 and 2024 COLA increases as non-union City employees, which shall not be less than 2%. Market Adjustment Implementation Plan Upon moving from Grade 17 to Grade 18 as outlined in the table above, all full-time regular Assistant Police Chiefs shall be placed at Step 7. All Acting Assistant Police Chiefs shall be placed into the new pay grade pursuant to the terms of the applicable MOU. Health Insurance The City will contribute the same dollar amount per month in 2022 toward health insurance that it contributes to all other Golden Valley employees, including $20 per month for those who successfully participate in the wellness initiative in 2022. The City shall make health insurance coverage, including the City insurance contribution, effective the first of the month following the employee's start date. Disability Insurance The City will provide Long Term Disability Insurance to the employees. Uniforms The City will provide uniforms and equipment, to include the purchase of the employee’s service firearm and any required accessories. Working Out of Classification In the absence of the Chief of Police where the Chief of Police is not able to reasonably direct the operations of the Police Department, the City Manager shall designate an Assistant Police Chief to be the Acting Chief of Police. Take-home Vehicle The City shall provide Employees a take-home vehicle for business-related purposes. All fuel, insurance, maintenance, and repairs shall be covered by the Employer. Employees shall be allowed to make non-work-related incidental stops immediately before, during, or immediately following their workday. ARTICLE 27. DURATION The term of this Agreement shall be from January 1, 2022 through December 31, 2024. This Agreement shall remain in full force after the date of expiration until the Employer and/or the Union request to engage in negotiations. 16 ____________________________ __________________________________ City of Golden Valley Law Enforcement Labor Services Timothy Cruikshank, City Administrator Jon Gates, Business Agent ____________________________ __________________________________ City of Golden Valley Law Enforcement Labor Services Shepard Harris, Mayor Alice White, Union Steward